And be it further enacted, That the Engineers belonging to the said Fire Department, shall, on or before the first day of December, in every year, choose one Representative; each Company of eighteen Firemen two Representatives, and under eighteen Firemen one Representative, who shall have and exercise all such powers as are herein after committed to them. And be it further enacted, That the said Representatives shall choose on the second Monday of December, in every year, by ballot, out of their own body, a President and Vice President; and out of the whole body of the Firemen, three Trustees, a Treasurer, Secretary, and Collector. That the first Representatives shall be, That Daniel Hitchcock shall be the first President; that Thomas Tom shall be the first Vice President; that Frederick Devoe, Jacob Sherred, James Stewart, John Striker, James Tylee, Benjamin Strong, Thomas Brown, Stephen Smith, and Christopher Halstead, shall be the first Trustees; that Nicholas Van Antwerp shall be the first Treasurer; and James Parsons Jun. the first Secretary, and Martin Morrison the first Collector ; to hold their respective offices and places, until others are appointed in their stead, agreeably to the provision of this act. That That the said Trustees shall class themselves into three classes; number one shall go out of office the first year, number two the second year, and number three the third year. That the said Trustees shall manage the affairs and dispose of the funds of the Corporation, according to the By-Laws, rules, and regulations of the said Corporation, from time to time made and established by the said Representatives. That the Trustees shall choose a President, who shall have a right to convene them when he thinks proper, at least once a year. That the Treasurer shall give security to the Trustees, for the faithful performance of his trust; and shall, at every annual meeting of the Representatives, render them an account of the state of the funds. the Representatives shall, at their meeting, have a right to inquire into, and control the application of their funds, and to displace any of the Trustees and Officers, if guilty of mal-conduct, and elect others in their stead. That a majority of the said Representatives, and also of the said Trustees, shall respectively be a quorum to do business. That in case of a vacancy in the office of Representatives, such vacancy shall be filled up by the Company from which he is deputed, for the remainder of the year, by a special election to be held for that purpose. And that in case of a vacancy in the office of President, Vice President, Treasurer, Secretary, Collector, or any of the Trustees, such vacancy shall be filled up by the Representatives for the remainder of the year, by a special election to be held for that purpose. And be it further enacted, That two-thirds of a quorum of the said Representatives shall have full power to make and prescribe such By-Laws, rules, ordinances, and regulations, as to them from time to time shall appear needful and proper, touching the management and disposition of their funds for the purposes aforesaid, and touching the meetings of the said Corporation, both special and ordinary, except the second Monday in December in every year, which is hereby declared to be their annual meeting and touching the duties and conduct of their officers and Trustees, and touching all such other matters as appertain to the business and purpose for which the said Corporation is by this act instituted, and for no other purpose whatsoever. Provided, that such By-Laws, rules, ordinances, or regulations, be not repugnant to the constitution or laws of the United States or of this State. And be it further enacted, That in case any election shall not be made on any day when, pursuant to this Act it ought to have been made, the said Corporation shall not on that account be deemed to be dissolved; but that it shall and may be lawful on any other day to hold and make such election, in such manner as shall have been regulated by the By-Laws and ordinances of the said Corporation. And be it further enacted, That the funds of the said Corporation, which shall arise from chimney fines, certificates and donations, and from such other objects as may have been heretofore, or may be hereafter agreed on by the respective Fire Companies, shall be appropriated to the relief of such indigent or disabled Firemen, or their families, as may be interested therein, and who may, in the opinion of a majority of the Trustees, be worthy of assistance; but if they shall amount to a greater sum than the Trustees may think necessary to apply to the said purposes, then the said Representatives shall have power to apply such surplus to the purpose of extinguishing fires, under such limitations and restrictions, as they may, with the sanction of the Corporation of the city of New-York, deem proper. And be it further enacted, That this Act is hereby declared to be a public Act, and that the same shall be construed in all courts and places benignly and favourably, for every beneficial purpose hereby intended. Secretary's Office of the State of New-York, I certify the preceding to be a true copy of the original Act filed in this office. JASPER HOPPER, D. Secretary. CONSTITUTION OF THE FIRE DEPARTMENT OF THE CITY OF NEW-YORK, AS AMENDED AND ADOPTED BY THE REPRESENTATIVES, THE 14TH OF OCTOBER, 1793. ARTICLE I. A FUND, which shall be called "THE FIRE DEPARTMENT FUND," shall be established with the moneys arising from chimney fines, certificates, and donations, and with such other moneys as may hereafter be agreed on by such Fire Companies as have already agreed, or may hereafter agree to fund the same. ARTICLE II. The Fire Department shall be represented as follows; viz. the Engineers to send one; a Company composed of eighteen men or upwards, to have two; and under eighteen men, one Representative; and each Company to choose them on or before the first day of December in every year. ARTICLE III. There shall be annually chosen, by ballot, by the Representatives, (out of their own body) a President and Vice President; and out of the whole body of Firemen, at their first meeting, nine Trustees, a Treasurer, Secretary, and Collector; which Treasurer shall give security to the Trustees for the faithful performance of his trust. ARTICLE IV. The Trustees shall class themselves in three classes, viz. Nos. 1, 2, and 3. No. 1 shall go out the first year, No. 2, the second, and No. 3, the third year; and the Representatives shall choose three new Trustees, a Treasurer, Secretary, and Collector annually, at a meeting which shall be called by the President, or, in his absence, by the Vice President, on the second Monday of December in every year, and as much oftener as any five Representatives may require it. ARTICLE V. The Trustees shall have the sole disposal of moneys in the funds, which shall be for the relief of such disabled Firemen, or their families, as may be interested in this fund, and who may, in the opinion of a majority of the Trustees, be worthy of assist ance. ARTICLE VI. At a meeting of the Representatives, they shall have a right to inquire into the application of the funds; and in case of a misapplication or mal-conduct of any member or members, they shall have a right to call him or them to an account; and if found guilty of a breach of trust, shall be displaced, and a new Trustee or Trustees, Treasurer, Secretary, or Collector, elected by the Representatives then present. ARTICLE VII. It shall be the duty of the Treasurer, at every annual meeting of the Representatives, to render them an account of the state of the funds. ARTICLE VIII. The Trustees, when appointed, shall choose a President; who shall have a right to convene them when he thinks proper; at least once in every year. ARTICLE IX. In case of death, resignation of office or firemanship of any of the Representatives, such vacancies shall be filled up by the Companies for the remainder of the year, by a special election to be held for that purpose. |