middle of faid Claverack creek, until the faid Claverack creek ftrikes the line of the manor of Livingston, as now held and poffeffed; thence along the line of the faid manor of Livingston, to the east fide of Hudfon's river; thence into the faid river, one hundred and eighty feet below high-water mark; thence to the place of beginning, keeping the fame distance of one hundred and eighty feet, all along from high-water mark aforefaid, be, and is hereby feparated from the faid Claverack diftrict; and that all the freemen of this ftate, inhabitants within the aforefaid limits, be, and hereby are ordained, conftituted and declared to be, from time to time, and forever hereafter, one body corporate and politic, in fact and in name, by the name of, The mayor, recorder, aldermen and commonalty of the city of Hudson; and that by that name, they and their fucceffors forever fhall and may have perpetual fucceffion, and fhall be perfons in law capable of fuing and being fued, pleading and being impleaded, anfwering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, fuits, complaints, matters and caufes whatsoever, and of what kind or nature foever; and that they and their fucceffors may have a common feal, and may change and alter the fame at their pleafure; and alfo, that they and their fucceffors, by the fame name of, The mayor, recorder, aldermen and commonalty of the city of Hudfon, fhall be in law capable of purchafing, holding and conveying any eftate, real or perfonal, for the public ufe of the faid corporation. Provided nevertheless, That all fuch real estate fhall lie and be included within the limits of the faid city of Hudfon only, and not elsewhere. Provided always, That it fhall and may be lawful to and for all and every the citizens, fojourners, and travellers within this flate, at all times forever hereafter, to have the free use and enjoyment of all and every the high-ways, roads and landing-places within the limits of the faid city, which have heretofore been used and enjoyed as fuch, and that without any toll, claim or demand of the faid corporation for the fame, or any other interruption whatfoever, or any alteration of fuch road or high-way, without the confent and approbation of the commiffioners of the high-ways of the diftrict next adjoining to the faid city, whofe inhabitants fhall make ufe of fuch road or high-way; any thing in this act contained to the contrary hereof in any wife notwithstanding.

II. And be it further enacted by the authority aforefaid, That there be, and forever hereafter there fhall and may be, in and for the faid city, one mayor, one recorder, four aldermen, four affiftants, one common clerk, one chief marfhal, one chamberlain, one fupervifor, and as many affeffors, collectors and conflables, as the common council for the faid city of Hudson, herein after conftituted and made, fhall, from time to time, deem neceffary, and direct to be chofen and elected; which fupervisor, affeffors, collectors and conftables, fo deemed neceflary and directed to be chofen, fhall, forever hereaf ter, be chosen and elected in the manner, and at the time and place herein after directed and appointed for the annual election of officers within the faid city.

III. And be it further enacted by the authority aforefaid, That it fhall and may be lawful to and for his excellency the governor, or perfon adminiftering the government of this flate for the time being, by and with the advice and confent of the council of appointment, and he and they are hereby authorifed and required, within one month after the paffing of this act, and yearly forever thereafter, at fuch time as the faid council fhall be aflembled mediately after the first day of May in every year, to nominate and ap

point, out of the citizens and inhabitants of the faid city of Hudson, one fit and difcreet perfon to be mayor of the faid city, and one fit and difcreet perfon to be recorder of the faid city; which faid mayor and recorder, after fuch appointments refpectively, fhall continue in their faid refpective offices, to do and to execute all things which to their faid feveral offices doth or may feverally and refpectively belong, or in any manner appertain, until other fit perfons be appointed and fworn in their room; and in like manner, a fit and difcreet perfon fhall be appointed out of the faid citizens and inhabitants, to be common clerk of the faid city, who fhall hold and continue in office during the will and pleafure of the governor and council of appointment, and also another fit and difcreet perfon fhall be appointed out of the citizens and inhabitants of the faid city, to be the chief marshal thereof, whofe duty it fhall be to execute writs, proceffes and precepts, to arife and be iffued with in the faid city, from the courts and magiftrates thereof, in and about the adminiftration of justice, in the fame manner as the fheriffs of other cities and counties are by law authorised to execute fuch writs, proceffes and precepts; and which chiefmarshal fhall be from time to time, appointed, and fhall hold and exercise his office for fuch period as fheriffs of other cities and counties by law are or ought to be appointed, or may or ought by law to hold and exercife their respective offices; which faid mayor, recorder, clerk and marfhal, fhall be annually nominated and appointed in manner and form aforefaid, until otherwife directed by the legiflature.

IV. And be it further enacted by the authority aforefaid, That on the fecond Monday in May next, and on the fecond Monday in May in every fucceeding year forever thereafter, the freemen of the faid city, being inhabitants thereof, fhall and may affemble themfelves, and meet together at fuch time of the day, and at fuch public place as the mayor for the time being, or in his abfence or fickness, the recorder for the time being, fhall appoint, and then and there, by plurality of voices or votes, elect and chufe out of the freemen, inhabitants of the faid city, for the enfuing year, four aldermen, four aflitants, one fupervisor, and fuch a number of afleflors, conflables and collectors, as the common council for the faid city fhail, from time to time, deem neceffary, and direct to be chofen.

V. And be it further enacted by the authority aforefaid, That the mayor, or recorder of the faid city for the time being, and two or more of the aldermen, and two or more of the affiftants of the faid city, fhall and may, on the fecond Monday in May next, and on the fecond Monday in May in every fucceeding year, forever thereafter, in common council, nominate and appoint one fit perfon, being a freeman and inhabitant of the faid city, to be the treafurer and chamberlain of the faid city, for the year enfuing; every of which faid perfons as are herein before nominated, or hereafter to be nominated, elected and appointed to any civil office within the faid city, fhall, within fifteen days next after fuch appointment or election, refpectively take and fubfcribe the oath of abjuration and allegiance, now or hereafter appointed by law (or if of the people called Quakers, an affirmation) and alfo an Oath or affirmation, as the cafe may require, for the faithful execution of the office to which he or they fhall fo be appointed.

VI. And be it further enacted by the authority aforefaid, That if any one of the freemen, inhabitants of the faid city of Hudfon, fhall hereafter be elected or chofen to the office of alderman, affistant, supervisor, or affeffor, collector or conftable, for the faid city, and having notice of his faid election, fhall refufe, deny, delay or neglect, to take upon hiin or them to execute fuch

office to which he or they fhall be fo chofen or clected; that then, and fo of ten as it fhall happen, it fhall and may be lawful for the mayor or recorder, or any two or more of the aldermen, and any two or more of the affistants of the faid city for the time being, in common council, to affefs and impofe upon every fuch perfon or perfons fo refuting, delaying or neglecting, iuch reasonable and moderate fine and fines, fum and fums of money, as they, in common council, fhall think fit, fo as fuch fine for each refufal, denial, delay or neglect, fhall not exceed the fum of ten pounds, current money of NewYork; all which faid fines fhall and may be levied by diftreis and fale of the goods and chattels of fuch delinquent and delinquents, by warrant under the feal of the faid city, figned by the mayor thereof for the time being, rendering the furplufage to the owner or owners thereof (if any there be) neceffary charges of making and felling fuch diftrefs, being firit deducted; or by action of debt in any court of record within the juridiction of the faid city, having cognizance of the fame, to be profecuted, and fhall be recovered and received by and to the use of the faid mayor, aldermen and commonalty of the faid city, and their fucceflors forever.

VII. And be it further enacted by the authority aforesaid, That in all fuch cafes forever hereafter, of the abfence, ficknels, or death of the mayor of the faid city for the time being, it fhall and may be lawful to and for the recorder of the faid city for the time being, to do and execute all and fingular the duties and trufts to the office of the fad mayor belonging and appertaining, to all intents, purposes and contractions whatfoever, during the abfence or fickness of fuch mayor, or until a fucceffor be duly appointed and fworn.

VIII. And be it further enaded by the authority aforefaid, That if it fhall happen that any of the aldermen or aflitants, fupervisor, alleflors, collectors or conftables, or any one of them hereafter to be elected, nominated and fworn in their respective offices as aforefaid, fhall hap, en to die or remove out of the faid city, within the time they are or fhall be refpectively named or elected for, or before other fit perfons be refpectively named or elected, and fworn in their respective rooms, it fhall and may be lawful for the freemen, inhabi、 tants within the limits of the faid city, to affemble and meet together, at fuch time and place as fhall be appointed by the mayor of the faid city for the time being, and then and there, by plurality of votes, to elect one of the freemen, an inhabitant within the limits of the faid city, to ferve as alderman, affiflant, fupervifor, affeffor, collector or conflable, in the room of fuch alderman, aliftant, fupervifor, affeffor, collector or conftable, fo dying or removing, and fo often as fuch cafes fhall happen; and in cafe of the death or removal of the treafurer or chamberlain, out of the limits of the faid city, for the common council to appoint another in his ftead, at any time after fuch death or removal: And that all and every fuch perfon and perfons fo to be newly chofen or appointed and fworn, fhall ferve in their respective offices until other fit perfons be refpectively chofen or appointed, and fworn in their respective rooms.

IX. And be it furthe enacted by the authority aforefaid, That the chief marfhal fo to be nominated and appointed, and every marshal to be thereafter nominated and appointed, fhall, before he fhall be deemed capable of executing his faid office, become bound, with fuch fureties, in fuch manner and under fuch penalty for the faithful discharge of the duties of his office, as the fheriffs of other cities and counties are or fhall be by law directed and required to be bound for the faithful execution of their offices.

X. And be it further enailed by the authority aforefid, That the treafurer, collectors and conftables to be hereafter chofen and appointed, shall, before they enter on the execution of their respective offices, respectively give fuch fecurity for the faithful discharge of the trufts repofed in them, as the mayor, recorder and common council of the faid city fhall deem fufficient.

XI. And be it further enacted by the authority aforefaid, That the mayor, recorder, aldermen and affistants of the faid city for the time being (whereof the mayor or recorder always to be one) be, and fhall be forever hereafter called, The common council of the city of Hudion; who, or the major part of them, fhall have power to make bye-laws relative to the public markets within the faid city, fo as fuch bye-laws fhall not extend to the regulating or afcertaining the price of any commodity or article of provifion, which may be brought for fale within the faid city; relative to the streets and highways of the faid city; relative to nuifances within the limits of the faid city; relative to the cleaning of chimnies, and preventing the faid city from fire; relative to the manner of warning the meetings of the faid city, and the common council thereof, and the time and place where they shall be holden; relative to a city watch; relative to bonds and fecurities to be given by conftables, collectors, treasurers, or any other officer of the faid city, for the faithful discharge of the duties of fuch office or offices; relative to the burial of the dead; relative to the public lights or lainps of the faid city; relative to the reftraining geefe and fwine going at large within the limits of the faid city; relative to the overfeeing of the poor, and relative to any thing whatfoever which may concern the good government and police of the faid city. Bye-laws not to be Provided, That fuch bye-laws be not contrary to, or inconinconfitent with the fiftent with the conflitution, laws and ftatutes of this flate; conffitution, or laws and that the faid common council of the faid city for the time being, or the major part of them, as often as they shall make, ordain and publifh fuch laws for the purpofes aforefaid, may make, ordain, limit and provide fuch and the like pains, punishments and penalties, fines and amerciaments, upon, towards and againft, all and every perfon that fhall offend against fuch laws, ftatutes, rights and conftitutions, or any or either of them, as by the faid common council, or the major part of them, fhall be thought requifite to make, ordain, limit and provide for the obfervation and prefervation of the fame laws, ftatutes, rights and conftitutions, to be profecuted and recovered in any court of record within the jurisdiction of the faid city, having cognizance of the fame, by action of debt or otherwife, to the ufe of the faid mayor, aldermen and commonalty of the faid city of Hudson, and their fucceffors forever. Provided also, That no fuch bye-laws fhall continue in force longer than for the term of one year.

of the state.

To continue in force fur one year.

how and when to be

convened.

XII. And be it further enacted by the authority aforesaid, Common council, That the common council of the faid city, fhall be fummoned, called and held from time to time, fo often and at fuch times and places, as the mayor, or in cafe of his fickness or abfence, the recorder of the faid city for the time being, hall think fit to appoint or direct; and that it fhall and may be lawful to and for the faid common council of the faid city, or the major part of them, to affefs and lay fuch reafonable fines and amerciaments, in and upon every officer and member of the body corporate aforefaid, for the time being, who after having had dae nofice, or being duly fummoned to appear or attend at any fuch common

Сс

council to be held for the faid city, fhall neglect fo to do, or make default therein, or fhall not appear or attend according to fuch notice or fummons in that behalf, or fhew a reafonable caufe (by the faid common council, or a major part of them, at their difcretion, to be allowed) and fo as often as such cafe fhall happen, fo that no fuch fines or amerciaments for any one default of appearance or attendance of any fuch officer or member aforefaid, shall exc.ed the fum of twenty fillings, in the manner and form aforefaid, to be levied for the use of the laid mayor, aldermen and commonalty of the faid city, and their fucceffors, to be recovered and received.

XIII. A.d be it further exalted by the authority aforesaid, Common council to That the common council of the faid city of Hud.on for have powertoetablish and direct the mak- the time being, or the major part of them, have, and from ing and laying out frects, ways, ecc. time to time forever hereafter fhall have, full power, licence and authority to establifh, appoint, order and direct the making and laying out all other fireets, lanes, ways, alleys, highways, water-courfes and bridges, not already made or laid out; but also the altering, amending and repairing all fuch freets, lanes, ways, alleys, highways, watercourfes and bridges, heretofore made or laid out, or hereafter to be made or laid out, in and throughout the aid city, limits and precincts thereof, in fuch manner as the common council for the time being, or the major part of them, fhall think or judge to be neceffary and convenient for all inhabitants and travellers there. Provided always, That in all cafes where the property of individuals is affected by the laying out, repairing or altering fuch freets, ways, lanes, alleys, highways, water-courfes and bridges as aforefaid, the faid common council fhall and do proceed according to the mode pointed out to the committioners of highways for the county of Albany, in and by certain acts of the legiilature, in fuch cafes made or to be made and provided. XIV. And whereas a punctual and well regulated ferry across the river at the faid city of Hudion, is of the utmoft con quence to the good people of this flate at large; Be it therefore enacted by the auth rity aforesaid, That the common council of the faid city for the time being, or the empowered to eft- major part of them, from time to time, and at all times forHudfon's river. ever hereafter, fhall and may have full power and authority to fettle, appoint, eftablifh, order, direct and fuperintend, and fhall and may fettle, appoint, eftablish, order, direct and fuperintend, fuch and fo many ferries from the faid city to the oppofite or weftern fhore of the Hudson's river, for the carrying and transporting people, horfes, cattle, goods and chattels across the faid river, in fuch manner as the common council of the faid city for the time being, or the major part of them, fhall conceive to be moft conducive for the public good. Provided always, That nothing in this act contained fhall extend, or be conftrued to debar or deprive any of the citizens of this flate, of the property or poffeffion of the foil on the eaflern or western fhore, of any right which they now may or ought lawfully to enjoy, or hereafter may obtain, with reffect to the privilege of feniage; nor fall this act, or any thing therein contained, extend to, or be deemed or conftrued to debar or deprive any of the citizens of this flate, of any other right or privilege (as to right of foil or ferriage) which any fuch citizen now has, or may lawfully have or enjoy; nor fhall be deemed or conftrued to debar or prevent Coenraedt A. Flaak, of, or from conveying or carrying across the faid river, to and from either fide of the faid river, with a ferryboat, any person or perfons, horfes, cattle, goods or chattels,

Common council

blifh fries acros