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34. Penalties, common council may inflict for non-observance of ordinances. 35. Penalties, part of, may be paid to persons giving information of breach of ordi
nances. 1. Piers may be sunk in such places as corporation may think necessary. 7. In case of neglect of persons directed to sink, right may be granted to others. 8 & 9. In certain cases corporation may join with individuals in making. 11. What deemed sufficient notice to proprietors of lots for sinking, &c. 13. What shall be deemed a refusal to comply with directions respecting.
4. Private rights, not to be affected by this act. 25. Recognizances from persons authorized to retail liquors, how taken. 26. Recognizances, breaches of, may be prosecuted by common council.
6. Slips, corporation may in certain cases enlarge. 31. Stables, common council may regulate the use of lights, &c., in. 32. Stoves, ovens, boilers, &c., in certain manufactories may be removed, &c. 27. Taverns, in the city of New York, common council may pass ordinances to re*
gulate. 24. Tavern keepers not to keep riotous houses, &c., on penalty of forfeiting their
licenses. 38 & 39. Vacant lots, when sums assessed on cannot be obtained from owners, com
mon council how to proceed. 40. In default of payment of sums assessed on, may be sold for a term of years. 3. Wharfage, for public basins erected, corporation to take. 6. Wharfage, in part for slips to be erected, corporation to take. 10. Wharfage, corporation, in what case entitled to proportion of. 19. Witnesses, mayor's court may compel their attendance on assessment of damages. 23. Witnesses, inhabitants of New York declared competent, in all actions where
corporation are a party.
AN ACT for the better government of the city of New York, and to
grant certain additional powers and rights to the mayor, aldermen and commonalty thereof, and to explain, continue and amend the re spective acts therein mentioned.—Passed April 2, 1806.
Whereas, from the great extension and increase of the said city, its trade and inhabitants, it has become necessary to provide additional wharfs, piers, slips and basins in the said city, for the accommodation and safety of vessels of different descriptions : Now therefore,
I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That it shall and may be lawful for the said mayor, aldermen and commonalty, at their own expense, to cause piers to be sunk and completed in such places and manner as they shall think eligible, between the Whitehall slip and the east side of the Exchange slip, in the said city, so as to form a basin for the safety and the accommodation of sloops and other vessels using the trade of the said city; and also, at their own expense, to cause such and so many other public basins to be formed and completed in the said city as they may deem necessary for the trade thereof, and to take to their own use the slipage or wharfage arising from the same, any law, usage or custom to the contrary notwithstanding:
Provided, always, That nothing herein contained shall be construed to deprive any persons who may have made piers by the directions of the said mayor, aldermen and commonalty, in pursuance of the act, entitled "An act for regulating the buildings, streets, wharfs and slips in the city of New York," of any legal right which they may have thereby acquired, or to interfere with any private property, or right, or privilege, held under grants of the said mayor, aldermen and commonalty, or otherwise.
II. And be it further enacted, That in all cases where the said mayor, aldermen and commonalty shall think it for the public good to enlarge any of the slips in the said city, they shall be at liberty and have full power so to do, and, upon paying one-third of the expense of building the necessary piers and bridges, shall be entitled not only to the slipage of that side of the said piers which shall be adjacent to such slips respectively, but also to one-half of the wharfage to arise from the outermost end of the said piers. [See note E. Appendix.]
III. And be it further enacted, That in case any of the persons who, according to the said above mentioned act, shall have been directed to sink or complete piers and bridges in the said city, have neglected or shall neglect to comply with such directions, it shall be lawful for the said mayor, aldermen and commonalty to grant the right of making such piers and bridges, and the right of receiving the profits thereof, to any person or persons, in fee or otherwise, upon such terms as they shall think proper.
IV. And be it further enacted, That in all cases where any of the proprietors of lots lying opposite to the places or streets where piers shall have been or may be directed to be sunk, pursuant to the powers contained in the act last aforesaid, shall neglect or refuse to join with the other proprietors in sinking and making such piers and the bridges thereunto appertaining, or to pay his or their proportion of the expenses thereof, then and in every such case the said mayor, aldermen and commonalty may, at their election, join with the other proprietors in making and finishing the said piers and bridges, and shall become entitled to the proportion of wharfage which the said proprietors, so neglecting or refusing, would have been entitled to if they had joined in making the said piers and bridges.
V. And be it further enacted, That in all cases a notice to the proprietors of lots inserted in two of the public newspapers printed in the said city for six weeks successively, shall be sufficient notice to all the said proprietors of the directions of the said mayor, alder12
men and commonalty, for sinking and completing such piers and bridges, without specifying therein the names of the said proprietors; and an affidavit made before a judge of the Supreme Court or masa ter in Chancery, of the due publication of such notice in manner aforesaid, shall at all times thereafter be deemed prima facie evidence thereof; and every such proprietor who shall not begin the making of the said piers or bridges by the period for that purpose appointed, or who shall not contribute his proportion towards the expenses thereof, as the same shall accrue, shall be deemed and taken to have neglected and refused to comply with the said directions according to the true intent and meaning of the said last mentioned act.
VI. And be it further enacted, That the act, entitled " An act to invest the mayor, aldermen and commonalty of the city of New York, with adequate powers in relation to certain objects of importance to the police and health of the said city," shall be and con. tinue in full force, without limitation of time, anything in the said act to the contrary thereof in anywise notwithstanding, excepting only those particulars in which this act or any act passed at the present session, do or shall vary the provisions thereof.
VII. And be it further enacted, That it shall and may be lawful for the said mayor, aldermen and commonalty, in common council convened, to cause the estimates, directed by the eleventh section of the said first mentioned act, to be made by such skilful and competent disinterested person or persons as they shall or may think proper, the said person or persons first taking the oath in the section specified, which estimates shall be to all intents and purposes as good and effectual as if made in the manner prescribed by the said section.
VIII. And be it further enacted, That when any building or build. ings in the city of New York shall be on fire, it shall be lawful for the mayor, or in his absence the recorder of the city, with the consent and concurrence of any two of the aldermen thereof, or for any three of the aldermen, to direct and order the same, or any other building which they may deem hazardous and likely to take fire, or to convey the fire to other buildings, to be pulled down or destroyed; and upon the application of any person interested in any such building, so pulled down or destroyed, to the mayor, or recorder, or any two aldermen, it shall be their duty to issue a precept for a jury to inquire of and assess the damages which the own. ers of such buildings, and all persons having any estate or interest therein, have respectively sustained by the pulling down or destroying thereof; which precept shall be issued, directed, executed, re
turned and proceeded upon, and the proceedings thereon shall take effect, as nearly as may be, in such manner as, by the second sec. tion of the act, entitled “ An act for the better regulating the public roads in the city and county of New York,” is directed, in re. lation to lands taken for the purposes therein mentioned; and the said inquiry and assessment, having been confirmed by the Mayor's Court, the sums assessed by the said jury, shall be paid by the said mayor, aldermen and commonalty, to the respective persons in whose favor the jury shall have assessed the same, in full satisfaction of all demands of such persons respectively, by reason of the pulling down or destroying such building; and the Mayor's Court, before whom any such process shall be returnable, shall have power to compel the attendance of jurors and witnesses upon any such assessment of damages.
IX. And be it further enacted, That during the actual prevalence of any such fire as aforesaid, it shall and may be lawful for the mayor, recorder, and each of the aldermen of the said city, to remove or cause to be removed and kept away from the vicinity of such fire, all idle and suspicious persons, and all persons not fit to be employed, or not actually and usefully employed, in the judg. ment of the said mayor, recorder, or aldermen, in aiding the extinguishment of such fire, or in preservation of property in the vicinity thereof.
X. And be it further enacted, That the sum assessed by such jury as aforesaid, for any building so pulled down or destroyed as aforesaid, the same assessment and inquiry having been confirmed by the court, shall, together with the expenses of the proceedings for such assessment, be borne and defrayed by the said mayor, aldermen and commonalty.
XI. And be it further enacted, That the commissioners of the almshouse and bridewell of the city of New York, as well those now in office as their successors, from time to time, or any one, or two, or more of them, shall have and exercise the same powers and authorities, and do every act and thing, in pursuance of the “Act for the settlement and relief of the poor,” in the same manner only as they could by law if they were justices of the peace in and for the city and county of New York.
XII. And be it further enacted, That upon the trial of any issue, or upon the taking of any inquest, or making any inquisition, or upon the judicial investigation of any facts whatever, in which issue, inquest, inquisition or fact, the mayor, aldermen and commonalty of the city of New York are a party, or interested, no person shall be deemed an incompetent witness for the reason that such person is an inhabitant, freeholder or freeman of the city of New York.
XIII. And be it further enacted, That no tavern keeper in the city of New York shall permit any riotous or noisy persons to be assembled in his house on the Lord's day, called Sunday; nor on any day shall permit any manner of unlawful gaming, quarreling, or other disorderly practice or conduct; nor keep any billiard table, nor any other instrument or device used for gaming; and that it shall and may be lawful for the mayor of the said city, in conjunction with any two of the aldermen thereof, to hear and determine, in a summary way, any complaint which shall or may be preferred against any tavern keeper, for any offence in the premises; and, in case they shall judge it proper, to deprive such tavern keeper of his license.
XIV. And be it further enacted, That the recognizances which 25 have heretofore been given and entered into by persons licensed to retail any spiritous liquors to be drank in his or her house, outhouse, yard or garden, within the city and county of New York, in pursuance of the sixth section of the act, entitled "An act to lay a duty on strong liquors, and for regulating inns and taverns," passed 7th April, 1801, instead of being entered and acknowledged to or in the name of the people of the State of New York, shall be given to and taken in the name of the said mayor, aldermen and commonalty : And the said mayor, aldermen and commonalty, in 26 common council convened, shall take such order in relation to prosecutions for breaches of such recognizances, and shall also, 27 from time to time, make such ordinances to regulate taverns in the said city, as they may deem suitable and necessary to preserve the good order and welfare of the same.
XV. And be it further enacted, That the mayor, aldermen and 28 commonalty of the city of New York, in common council convened, shall from time to time, and as often as they deem it necessary, have power to pass and provide for the due execution of ordinances as they may deem proper for the more effectual prevention and extinguishment of fires in the said city; and to compel the attend- 99 ance of all engineers and firemen, and such other persons as they may deem necessary, to assist at the extinguishment of fires, and to prescribe the duties required of such engineers, firemen and other 30 persons; and also to regulate the keeping, carting, conveying or transporting of gunpowder, or any other combustible or dangerous material, within the bounds of the said city; and to provide for the forfeiture thereof, if the same shall be kept contrary to such law; 21