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blith markets.

of the

XV. And be it further enacted by the authority aforesaid, Corporation to efta- That the faid mayor, recorder, aldermen and commonalty of the faid city, and their fucceffors, fhall and may, from time to time, and at all times forever hereafter, have, hold and keep a market or markets, at fuch place or places within the limits of the faid city; as the faid common council for the time being, fhall appoint and direct, on any or every day of the week (Sunday excepted) and that the faid mayor for Mayor to be clerk the time being is, and for ever hereafter fhall be (ex officio) market and clerk of the faid market or markets of the faid city, and wawater-bailiff". ter-bailiff for the fame; and that he fhall have full power and authority to do and execute, and fhall and may do and execute, forever hereafter, within the liberties, limits and precincts of the faid city, all and whatfoever to the faid offices of clerk of the market and water-bailiff, doth or may refpectively appertain and belong: And also, That the mayor of the faid city for the time being, fhall have full power and authority, by and with the advice of the common council, to licence and appoint, by warrant under his hand and feal, or otherwife, for the faid city, one or more porter or porters, carriers, cartmen, carmen, packers, cullers, common criers, fcavengers, infpectors of lumber, and alfo one or more furveyor or furveyors, meaturer or measurers, gauger or gaugers, beadles, garblers, bellmen, watchmen, bride well-keepers, or keepers of a houfe or houfes of correction and almshoufes, and to difcharge the fame at pleafure. Provided, That no gauger to be appointed by this act, shall have authority to guage liquors or molailes for afcertaining any duty to be impofed thercon by act of legiflature, unless thereunto expressly authorised by law.

red to erect houfes

XVI. And be it further enafied by the authority aforefaid, Corporation empow That the faid mayor, aldermen and commonalty, forever of correction, &. hereafter, have full power and authority to erect and build one or more bridewell or bride wells, houfe or houfes of correction, workhoufe or work-houfes, together with full power and authority to the faid mayor, recorder and aldermen, or any one of them, to take up and arrest, or order to be taken up or arrefted, all or any rogues, vagabonds, ftragglers, and idle and fufpicious perfons; and as they the faid mayor, recorder and aldermen, or any one of them, fhall fee caufe, to order any fuch rogues, vagabonds, ftragglers, and idle and fufpicious perfons, either to the faid workhoufe, there to remain and work any time not exceeding thirty days, or elfe to the houfe of correction, there to receive fuch corporal punifliment as the faid mayor, recorder and aldermen, or any three of them, whereof the mayor or recorder to be one, fhall think fit; fuch corporal punishment not to exceed thirty-nine ftripes for any one offence. And that the faid mayor, aldermen and commonalty, and their fucceffors forever hereafter, may and fhall have power to erect and build an alms-houfe for relief of the poor, with as full power to order, direct and regulate the aforefaid houfes, and the perions to be put in and ordered there, as to any city or corporation in any other part of this ftate, and to the officers and minifters thereof, doth or may belong.

XVII. And be it further enacted by the authority aforefaid, That the faid mayor, recorder, aldermen and commonalty, and their fucceflors forever hereafter, may have one or more public gaol or gaols, in fuch fit place or places within the faid city and inits, and jurifdiction thereof, as by the common council of the faid city, or the major part of them for the time being, fhall be appointed, to imprison and fafely keep all and every perfon

and perfons, for any treafon or treafons, murders, felonies, trefpaffes, evildoings, and all other matters and causes, to be arrested or attached, or to be committed to the gaol or gaols aforefaid, in fafe cuftody, there to remain until they be delivered by due course of law; and that the common council of the faid city for the time being, or the major part of them, shall and may have power, from time to time, to chufe, conftitute and place, one or more fit perfon or perfons in the office or offices of keeper or keepers of the gaol or gaols aforefaid, to hold the fame during the pleasure of the common council of the faid city for the time being, or the major part of them: And Who fhall keep all it is hereby empowered and commanded the keeper and prifoners in fate cul- keepers of the gaol and gaols aforefaid for the time being, that all and fingular traitors, murderers, felons, malefactors, difturbers of the peace, and other delinquents, and all others for any crime and offence, or other reasonable causes or matters, to the gaol or gaols aforefaid, ordered or committed, or to be ordered or committed, to receive, take, keep and caufe to be kept in the fame gaol or gaols, until they fhall be thence delivered by due courfe of law.

rody.

XVIII. And be it enacted by the authority aforefaid, That How tavern-keepers the mayor, recorder, aldermen and commonalty of the faid to be licented. city, and no other whatsoever, fhall have power to give and grant licences annually, under the public feal of the faid city, to all fuch perfons as they fhall think fit to licence to keep a tavern, inn, ordinary, or victualling-houfe, and to fell wine, brandy, rum, ftrong waters, cyder, beer, ale, or any other fort of excifeable or ftrong liquors, within the faid city of Hudfon, or the liberties and precincts thereof, by retail or small measure; and that it shall and may be lawful to and for the mayor, recorder, aldermen and commonalty of the faid city, to afk, demand and receive, for every fuch licence by them to be given and granted as aforefaid, fuch fum or fums of money as they, and the perfon to whom fuch licence fhall be given and granted fhall agree for, not exceeding the fum of fixteen fhillings for each licence; all which monies, as by the faid mayor, recorder, aldermen and commonalty fhall be fo received, shall be used and applied to the public ufe of the faid mayor, aldermen and commonalty of the faid city, and their fucceffors forever: And Licence to continue that every and each of which licence fhall continue and be in force for one year from the granting thereof, but no longer. XIX. And be it further enalled by the authority aforefaid, That it fhail and may be lawful to and for the freemen, cifor a burying-ground, tizens and inhabitants of the faid city of Hudfon, at their and erecting public annual meetings for election of officers, to vote any fum or fums of money to be raised, which they may think proper and neceflary for the purchafing any lot or lots of ground within the limits of the faid city, for the purpofe of burying the dead, or for erecting a courthouse and gaol, alms-houfe, work-house or house of correction, or for the purpofe of the fupport and relief of the poor within the limits of the faid city.

one year.

Inhabitants may vote to raise money

buildings.

aldermen to hold a court of common pleas.

XX. And be it further enabled by the authority aforefaid, Mayor, recorder and That it shall and may be lawful to and for the mayor, recorder and aldermen of the faid city, or any three of them, whereof the mayor or recorder fhall always be one, to hold, on the first Tuesday in every month, one court of common pleas of record within the faid city, to be called the mayor's court, which fhall and may hold plea, and have cognizance of, all and all manner of plaints, fuits, aufes, trefpaffes, actions and demands whatfoever, perfonal and mixed, as

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fing or accruing within the faid city and the jurifdiction thereof, with full power and authority to hear and determine, all and every such actions and pleas, and judgment and execution thereon to render and award; and to proceed and act therein in fuch manner and form, and by fuch and the like methods, process and proceedings, as fully and amply as in other courts of common pleas of record, in and for the respective counties in this flate, in like cafes can or may be acted, done, adjudged or determined, according to the laws and conftitution of this ftate: And it fhall be lawful for the faid mayor's court, in every fuch term refpectively, to continue each term to the day fucceeding, inclufively, or to adjourn the firft day of each term to the next term, as the defpatch of the bufinefs to be depending before the faid court, may, from time to time, render neceffary or require.

XXI. And be it further enalled by the authority aforefaid, That the common clerk of the faid city of Hudson for the time being, hall, and he is hereby forever declared to be the clerk of the faid court of record, to do and perform all manner of acts and things within the city aforefaid, the limits and Jurifdictions thereof, which to the office of clerk of the faid court of record, doth appertain and belong; and to receive, demand, have, collect, and enjoy all fees, perquifites, and profits which may to the office of fuch clerk belong or appertain.

XXII. And be it further enadled by the authority aforefaid, That the common clerk, chamberlain, marfhal, conftables, gaol-keepers, and all other fubordinate officers of and in the faid city, who hereafter may be nominated, chofen, elected, conftituted and appointed, and every of them refpectively, jointly and feverally, as caufe fhall require, fhall be, and hereby are commanded to be obedient to, and attend upon the judge and judges of the court of the faid city, and every or any of them, at all times hereafter, according to the duty or obligation of their respective offices and places; and to execute all and every the commands, precepts, warrants to them refpectively directed and iffued, and given out, and to be iffued and given out by the faid court, or any one of the judges thereof; and that the said marshal, minifters and officers of the faid city for the time being, fhall and may, and they and each of them, is and are hereby authorised and commanded, to execute and return all and every the process and precepts of the faid court to them respectively directed, or to be directed, from time to time, and at all times, as fully and effectually as any marshal, minifter or officer of, or in any city or place within this ftate, the precepts or procelles of any court of record therein hath used, or can or may execute and return in any manner whatfover. XXIII. And be it further enacied by the authority aforefaid, Perfons refiding in That all and every freeman, citizen, inhabitant of the flate entitled to all the pri- of New-York, or any other of the United States of Amevilegesoffree citizens. rica, who fhall become inhabitants within the limits and jurifdiction of the faid city of Hudson, and who fhall have therein refided for the fpace of four months together, and shall continue therein to refice, and fhall pay any taxes, and not be disqualified by law, fhall be entitled to every freedom, right, privilege and immunity of the faid city, and be confidered, to all intents and purposes, a free citizen thereof.

the city four months,

fidered as a public act.

XXIV. And be it enacted by the authority aforefail, That This art to be con- this act be, and it is hereby declared to be a public act, an 1 that the fame be, and fhall forever hereafter be conftruod, in all courts and places, benignly and favourably, for eve v beneficial purpofe therein intended.

Grant of land un

XXV. And whereas Thomas Jenkins, Seth Jenkins, David Lawrence, Hezekiah Dayton, Shubael Worth, Jofeph Barnard, Ezra Reed, Charles Jenkins, Benjamin Folger, Reuben Folger, William Wall, Nathaniel Green, Samuel Mansfield, Cotton Geliton, John Thurfion, William Mintum, Peleg Clark and Titus Morgan, have, by their humble petition, reprefented to the legiflature, that they have at a confiderable expence, purchafed the tract of land formerly called the Claverack Landing, for the purpose of eftablishing a commercial fettlement; and that they have built thereon feveral wharfs, and are about to build others, together with a fhip-yard; and being apprehenfive that the land under the water below high-water mark, might, at a future day, become the cause of diflentions and difputes, and from a defire to preferve good order and harmony among the citizens and inhabitants of this ftate, they have prayed the legislature for a grant of the faid land from high-water mark, to the channel of the faid river, oppofite the land fo purchased: And whereas the prayer of the faid petition appears to be reasonable; Be it therefore enacted by the authority aforefaid, That the faid Thomas Jenkins, Seth Jenkins, David Lawrence, Hezekiah Dayton, Shuder the water, made bael Worth, Jofeph Barnard, Ezra Reed, Charles Jenkins, to the perfons hercin Benjamin Folger, Reuben Folger, William Wall, Nathaniel Green, Samuel Mansfield, Cotton Gelfton, John Thurston, William Minturn, Peleg Clark and Titus Morgan, and each and every of them, have, hold, ufe, occupy, poffefs and enjoy, all, and all manner of right, title, intereft, property, clain and demand whatfoever, of, in and to all the land lying under the water, and directly oppofite to the tract of land fo purchased by them as aforefaid, from high-water mark one hundred and eighty feet to the channel of the faid river, in a course north fifty-feven degrees welt, to the fole ufe, benefit and behoof of them the faid Thomas Jenkins, Seth Jenkins, David Lawrence, Hezekiah Dayton, Shubael Worth, Jofeph Barnard, Ezra Reed, Charles Jenkins, Benjamin Folger Reuben Folger, William Wall, Nathaniel Green, Samuel Mansfield, Cotton Gelfton, John Thurfton, William Minturn, Peleg Clark and Titus Morgan, and to their heirs and affigns forever, in feveralty. Provided always, That nothing in this act contained fhall extend, or be conftrued to extend, or in any manner to affect, impede or interrupt the free navigation of the faid river, or any public right or privilege heretofore held and enjoyed by the good people of this state, or the private right or privilege heretofore lawfully held and enjoyed by any citizen or citizens of this state.

named.

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LAWS of the State of NEW-YORK, Paffed in the Ninth Seffion of the Legiflature, held at the City of New-York.

CHA. P. VII.

An ACT for regulating Trials upon Writs of Right.

THERI

W

Pafled 6th February, 1786.

REAS formerly trials upon writs of right were by battle or the grand affile. And whereas the barbarous cuflom of trials by battle hath dervedly fallen into difufe, but hath never been abrogated by law. And whereas by the inflitution of the trial by the grand affife, four knights are to be fummoned to elect the recognitors: And whereas there is not, nor cannot, by law, be any fuch order of men in this flate;

Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fan e, That Trals by battle trials by battle in all cafes fhall be, and hereby are forever abolished.

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II. And be it further enabled by the authority aforchid, In all waits for That in all writs hereafter to be iued for fummoning electar words, four good tors of the grand affe, inftead of the words, Four lawful your county, to be in knights of your county, girt with fwords, the words, Four good and lawful men of your county, fhall be inerted. And that every of the faid men to be fummoned and returned to make election of the grand affie, fhail always be fuch as are or fhall be duly qualified to vote for fenators, according to the conflitution of this ftate.

Qualifications of

clacters.

III. And be it further enufled by the authority aforefaid, That if either party fhall have caufe to challenge the electors fo fummoned and returned, ΟΙ any of them, fuch challenge fhall be taken and made upon their appearance, and before they be fworn to make election of the grand aftife, and not after and the juftices fhall thereupon proceed to try and determine fuch challenges, in fuch manner as challenges, in cafes of common juries, are, by haw, to be tried and determined. And if any fuch electors shall be found not duly qualified, or not indifferent between the parties, then a new writ fhall be iffued for fummoning another, or others, as the cafe may require ; and those who are not challenged, or found duly qualified and indifferent between the parties, as well as the parties, fall be adjourned over to the day of the return of fuch new writ. And when fuch four electors as fall not be challenged, or fhall be found duly qualified and indifferent, fhall appear, they fhall be feverally fworn, lawfully and truly to chufe, in the prefence of the parties, in addition to themselves, twenty o her good and lawful men of the county, who beit know and will declare the truth between the parties, to make recognition of the grand affife; and every of the recognitors foto be chosen by the faid four electors, fhall always be fuch men as fhall be duly Qalinestions of qualified by the laws of this flate, to ferve as jurors upen recognitors. trials at bar in the fupreme court; and if either party fail

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