V. And be it further enacted, That the freeholders and inhabit- 11 ants of the faid Colonie, qualified to vote as aforefaid at their annual meetings hereafter to be held for choofing trustees, or at any other meeting duly notified by the truflees, fhall and they are hereby authorized to choose not less than three nor more than five freeholders as affeffors, one treasurer, one collector, being alfo freeholders, and as many fire wardens as the trustees or the major part of them may order and direct; and that at every fuch election the perfon or perfons having the greatest number of votes for fuch offices refpectively, fhall be deemed to be duly chofen; and in cafe of a vacancy happening by death or other- 12 wife, of any of the affeffors, the treasurer, collector or fire wardens, it shall be the duty of the trustees or the major part of them, within fifteen days thereafter, to appoint others in their ftead, and when fo appointed to be vefted with the fame powers, and fubject to the fame penalties and restrictions, as if elected by the freeholders and inhabitants of faid Colonie, as above mentioned.

VI. And be it further enacted, That the faid treasurer, collector, affeffors and fire wardens, fhall, within ten days after they 13 are elected, and before they enter on the duties of their offices, refpectively take and fubfcribe an oath or affirmation, before any jullice of the peace in the faid Colonie, or county aforefaid, for the faithful performance of the trufts repofed in them, as the major part of the trustees for the time being fhall deem fufficient.

VII. And be it further enacted, That if any perfon qualified as aforefaid, be hereafter elected or appointed a trustee, or to the of- 14 fice of affeffor or fire warden, and having notice of faid election or appointment, fhall refufe, deny, delay or neglect to take upon him or them to execute fuch truft or office, to which he or they fhall be elected, then, and as often as it fhall happen, it shall and may be lawful for the trustees or the major part of them, to affefs and impofe upon every fuch perfon or perfons fo neglecting, delaying or refufing, fuch reasonable fine or fines as the faid trustees or the major part of them may think fit, fo as fuch fine for each offence, refufal, denial, delay or neglect, fhall not exceed the fum of twenty-five dollars, to be paid to the faid trustees for the time being, when thereunto required, to be recovered in an action of debt in the name of the faid trustees, in any court within this ftate having cognizance thereof.

VIII. And be it further enacted, That for the good order and government of the faid Colonie, that the trustees, within twenty 15 days after their being elected, in every year hereafter, or a major part of them, fhall meet at fome convenient place in the faid Colonie, and choose and appoint one of their body as prefident of their board of trustees, whofe duty it fhall be when present to prefide at the meetings of trustees, and to order extraordinary meetings whenever he may find it for the interest of the faid Colonie fo to do, and all other acts and things that may be thought proper for him to do by the major part of the trustees; and in cafe of death or otherwife of the prefident, then his place to be

supplied in the manner hereafter to be provided by the bye-laws 16 of the faid board of trustees; and the faid trustees fhall appoint a clerk, who fhall be allowed for his fervices, what a majority of the faid trustees may judge reasonable and right, and the faid clerk fhall be fubject to the fines and restrictions as other officers chofen or appointed by virtue of this act.

17

IX. And be it further enacted, That the collector hall within fuch time as fhall be provided for by the bye-laws of the faid trustees, next after the receipt of his warrant for collecting any tax that may have been ordered to be raised, collect and pay 18 the fame to the treasurer; and all monies which may at any time be in the hands of the treasurer, fhall be liable to be drawn out by warrant under the hands and feals of the trustees or the major part of them, and applied and difpofed of as fhall bave been directed by the freeholders and inhabitants of the faid Colonie.

19

X. And be it further enacted, That the faid trustees fhall keep a juft account of their neceffary expenfes and difbursements, and on producing the fame to the treasurer fhall be entitled to receive 20 the amount thereof out of any monies in the treasury; and that the treasurer, collector and affeffors fhall be paid for their fervices fuch fum as the trustees, or a majority of them, by a bye-law of the faid trustees, fhall provide: Provided always,

21

22

XI. And be it further enacted, That any monies to be raised for paving any street or ftreets, or gravelling or paving any fide walks, fhall be affeffed, levied and collected in a juft and equitable manner, of and from the owners or occupants of all houses and lots adjoining fuch street or fireets fo to be paved, in proportion, as nearly as may be, to the advantages which each fhall be deemed to acquire thereby, any thing in this act to the contrary notwithftanding.

XII. And be it further enacted, That the faid trustees, or the major part of them, fhall have the power of regulating and organizing their fire company, and to difplace all or any of the firemen when and as often as they, or the major part of them, fhall thing fit, and appoint others in their ftead, and to make fuch rules for the government of fuch firemen as to them fhall appear neceffary and proper, and alfo to compel them to do their 23 duty as firemen; and the firemen appointed or to be appointed by the faid trustees, fhall be exempted from ferving as jury. men, or in the militia, except in cafes of actual invasion or infurrection.

24

XIII. And be it further enacted, That the trustees to be elected by virtue of this act fhall continue in office, and be authorized and empowerd to execute and perform all and fingular the powers and duties in this act contained, belonging to their office of trustees as aforefaid, until the firft Monday in May next following after their election of trustees as aforefaid, or until others are chofen pursuant to this act, and have taken and fubfcribed the oath or affirmation of the office of truftecs.

See Difeafes-
Societies-
Waters.

City of Albany.

С НА Р. XI.

CONTENT S.

6. Chamberlain, to publish a statement of receipts and expenditures. 1. Common Council, to order the raising a sum of money.

2, 5. Monies, how and by whom to be applied.

3.

4.

By whom to be assessed and collected.

To be paid into the hands of the Chamberlain.

An ACT authorizing the Mayor, Aldermen and Commonalty of the City of Albany, to raise a Sum by Tax, for defraying the Expense of Lighting the Lamps, and for the Support of a Night Watch in the said City.

1.

BE

Paffed February 28th, 1804.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it fhall be lawful for 1 the faid mayor, aldermen and commonalty, in common council convened, as foon as conveniently may be after the paffing this act, to order the raising a fum not exceeding five thousand dollars, by a tax on the estates real and perfonal of the freeholders and inhabitants within the faid city, refiding within half a mile weftward of Hudfon's river, to be applied to the payment of fo many 2 watchmen as the faid mayor, aldermen and commonalty have employed or fhall think neceffary to employ for guarding the faid city, for defraying the expence of lighting the lamps that now are or may be erected within the faid city; which faid fum 3 fhall be rated and affeffed by the affeffors of the faid city, for the time being, and levied and collected in the manner directed by the act, entitled "An act for the affeffment and collection of taxes," paffed the eighth day of April, one thousand eight hundred and one.

II. And be it further enacted, That the said tax fhall be paid in- 4 to the hands of the chamberlain of the faid city, to be applied 5 and difpofed of from time to time in fuch manner, for the purpofes herein before mentioned, as the faid mayor, aldermen and commonalty of the faid city, in common council convened, fhall direct and appoint; and that the chamberlain of the faid city, for 6 the time being, fhall publish, as foon as conveniently may be, a ftate of all monies received and expended by virtue of this act in one or more of the public newspapers printed in the city of Albany.

See Courts

AuctionDilea esSocieties.

City of New-York.

С НА Р. LXII.

CONTENTS.

34. Act relative to election of ch. officers, except last sect. repealed. 2. Charter Officers, when to be sworn into office---32. Duration of. 31. ------------ May be appointed during the session of the legislature.

1

21. Clerk of the city, to record the certificates of the inspectors. 8. Clerks of election, how appointed...9. Oath...10. Compensation. 33. Collectors, to give bond with sureties.

1. Election, when to be held---to be by ballot---15. How conducted. Places for holding, how and when fixed.

3.

11.

23.

Poll of, how opened, adjourned and closed.

Special to be ordered in case of vacancy in office. 12, 14. Electors, their qualifications---17. If challenged to take an oath---13. Not to vote out of their wards---29. Exempt from civil process during election.

4. Inspectors of elections, how appointed---5. Vacancy how filled. In what manner to give notice of election.

6.

20.

25.

---------

When and how to canvass votes, and certify election. To recover double costs when wrongfully prosecuted. 30. Mayor, when and before whom to qualify into office. 28. Militia, not to be called out during the election. 7. Oaths, Inspectors to take...17, 19. To whom to administer. 27. Penalty, for bribery or corrupt conduct.

28.

18.

--------

For calling out the militia during the election.

On Inspectors, for admitting improper votes...24, 26. And for wilful and corrupt conduct.

2. Persons guilty of disorderly conduct, Inspectors may imprison. 16. Poll Lists, how kept.

An ACT relative to the Election of Charter Officers in the City of

I. BE

New-York.

Paffed April 5th, 1804.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the anniversary election for charter officers to be chofen in and for the city of NewYork, fhall commence on the third Tuefday of November in every year; and that all fuch elections fhall be by ballot, and may be continued by adjournment from day to day, for two days 2 fucceffively, including the first; and that all officers fo chofen fhall be sworn into and commence the duties of their respective offices on the first Monday of December thereafter.

3

II. And be it further enacted, That the mayor, aldermen and commonalty of the faid city, fhall, on fuch day in the month of November in every year, as to them fhall feem meet, at least eight days before the annual day of election above established, fix upon a proper place in each of the wards of the faid city, 4 where fuch election fhall be held, and shall nominate and appoint three fit and difcreet perfons refidents and electors thereof, in5 fpectors of the faid election: And further, that in cafe any one or more of the faid infpectors fhall die, remove out of the faid city, refuse to serve, or be rendered incapable of attending any of the faid elections before or on the day on which the fame is to be held, that it fhall be lawful for the mayor, aldermen and commonalty in every fuch cafe, and they are hereby required to appoint another fuch perfon or perfons in the room of the perfon or perfons before appointed; and in cafe the faid mayor, aldermen and commonalty fhall neglect or refuse to make fuch appointment, it shall be lawful for the mayor of the faid city, and

do 9

he is hereby enjoined to appoint fuch other infpector or inspectors. III. And be it further enacted, That the infpectors of each 6 ward, whenever an election is to be held therein, fhall, by writing under their hands, to be fixed up in at least five of the most public places in fuch ward, give fix days notice of the time and place when and where the faid election is to be held; and at 7 the time and place of opening fuch election, the faid infpectors fhall publicly adminifter to each other, and feverally take, the following oath or affirmation : “I do folemnly and fincerely declare and fwear (or affirm) in the prefence of Almighty God, that I will in all things honeftly, faithfully and impartially, and according to the beft of my knowledge and abilities, execute the office of infpector of this election; and that I will faithfully and impartially canvafs and eftimate the ballots taken at the faid election, and certify a true and just statement of the fame, according to my beft understanding; and if I fhall difcover any other perfon or perfons, who fhall attend with me for the purpose aforefaid, conduct himself or themfelves partially, unduly or corruptly in the premifes, that I will divulge or difcover the fame, to the end, that the perfons fo offending may be brought to juftice." And further, that in each ward the 8 infpectors fhall appoint one competent clerk of fuch election, who fhall keep a poll lift of the fame under the direction of the infpectors, and fhall take the following oath, to be adminiftered by the faid inspectors: "I folemnly and fincerely declare and fwear, that I will faithfully, truly, honestly and impartially keep the poll lift at this election, and in all things according to the best of my knowledge and abilities, will do and perform my duty as a clerk thereof." And the faid clerk fhall be allowed for his fer- 10 vices at the rate of two dollars per day, and the said inspectors fhall prefide at faid election, and conduct and direct the fame according to the regulations of this act, and be the returning officers thereof, in manner herein after directed; and the infpec- 11 tors and clerk being fworn as aforefaid, the said inspectors shall caufe proclamation to be made three times as follows, viz: "Hear ye! hear ye! hear ye! the poll of this election is opened, and all manner of perfons attending the fame are ftrictly charged and commanded, by the authority and in the name ot the people of this ftate, to keep the peace thereof during their attendance at this election, upon pain of imprisonment;" which proclamation fhall be repeated at every opening of the poll, after an adjournment thereof, and proclamation of every fuch adjournment and closing thereof, fhall alfo in like manner be made : Provided always, That the proclamation by which the same shall be closed, shall be preceded, three hours before, by a proclamation notifying the fame will be closed, and the poll of every fuch election fhall be open in the day time only between the rifing and fitting of the fun, and fhall be opened at or before ten o'clock in the morning of every day on which the said election shall be held.

IV. And be it further enacted, That all perfons who are quali 12