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and also, to regulate the use of lights and candles in livery and other stables within the same city; and also to remove or prevent the construction of any fireplace, hearth, chimney, stove, oven, boiler, kettle or apparatus used in any manufactory or business which may be dangerous in causing or promoting fires; and also to direct the construction of deposits for ashes in safe and suitable places, and of materials secure against fire, and for that purpose to authorize such suitable officer or officers as they may think proper, and at such reasonable times as they shall appoint, to enter into and examine all dwelling-houses, lots, yards, enclosures and buildings of every description within the said city, to examine and discover whether any danger exists therein, and in order that proper measures may be taken to provide for the safety of the inhabitants of the neighborhood.
And, for the more effectual and perfect execution of the laws and ordinances of the said mayor, aldermen and commonalty,
XVI. Be it further enacted, That in all cases not otherwise provided for in this act, it shall and may be lawful for the said mayor, aldermen and commonalty, in common council convened, from time to time, to impose penalties for the non-observance of the same, not exceeding two hundred and fifty dollars; and in all cases to direct that such part of any penalty as they shall think proper, shall be paid and applied to the use of the person or persons who shall afford such information as to enable them to prosecute the offender or offenders to conviction : And further, that all laws and ordinances of the said mayor, aldermen and commonalty, in common council convened, may remain and continue in force, for and during the period of three years from the passing thereof, unless the same shall be repealed by the said common council, or enacted for a shorter period, and shall always be renewable at the pleasure of the said mayor, aldermen and commonalty, in common council convened : Provided, that any ordinance or part of an ordinance, passed in pursuance of the powers hereby granted, may at any time be repealed by the Legislature.
And whereas, difficulties arise in collecting moneys upon vacant lots which have been assessed by ordinances of the said mayor, aldermen and commonalty, for regulating, pitching and paving the streets in the said city, by the said lot or lots, or the estate of which they are a part, lying in common and undivided, by belonging to a minor or minors, by the owner or owners being unknown or by being known, refuse to contribute to any expense with respect to their lots, or the streets on which they are bounded; and the said mayor, aldermen and commonalty have been obliged, in consequence, to advance, for such owner or owners, large sums of money out of their treasury to effect necessary regulations, without being able to obtain a reimbursement of the sum so advanced; for remedy whereof,
XVII. Be it further enacted, That whenever the said mayor, alder. 38 men and commonalty shall have ordered and confirmed an assess. ment for regulating, pitching and paving any street or streets in the said city, by virtue of the fourth section of an act of this state, passed the 16th of April, 1787, and the money cannot, after due inquiry, be collected upon any vacant lot or lots which may be charged in the said assessment, and the collector shall have made affidavit of his demanding the money several times of such owner or owners as may reside within the said city, and that they have neglected or refused to pay the same, it shall and may be lawful 39 for the said mayor, aldermen and commonalty to take order for advertising the same in two or more of the public newspapers printed in the said city, for three weeks, thereby requiring the owners of such lots respectively, to pay the sum at which the said lots shall be so assessed, to the treasurer or chamberlain of the said city, to defray the expense of the work mentioned in the said assessment; and that if default shall be made in such payment, such lot will be 40 sold at public auction at a day and place therein to be specified, for the lowest term of years at which any person shall offer to take the same in consideration of advancing the sum assessed on the same, for the expense aforesaid ; and if, notwithstanding such notice and demand, the owner or owners should refuse or neglect to pay such assessment, with the charge of appraisernent and advertisement, then it shall and may be lawful to and for the said common council to cause the said lot to be sold at public auction, for a term of years, for the purposes and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common seal of the said city; and such pur. 41 chaser, his executors, administrators and assigns, shall, by virtue thereof and of this act, lawfully hold and enjoy the same for his and their own proper use against the owner or owners thereof, and all claiming under him or them, until his term therein shall be fully complete and ended, being at liberty to remove all the buildings and materials which he, she or they shall erect or place thereon, but leaving the lots, with the street or streets fronting the same, in the order required by the said regulations, any law, usage or custom to the contrary thereof notwithstanding.
XVIII. And be it further enacted, That if any person shall be im- 42 pleaded by reason of anything done under this act, it shall be law.
ful for every person to plead the general issue, and to give this act and the special matter in evidence under such plea.
XIX. And be it further erracted, That this act shall be a public act, and shall be expounded and construed beneficially, and favorably to the said mayor, aldermen and commonalty, and in a manner the most effectually to promote good order, and to provide for the better government of the city of New York.
1. Clerk of the common council, mentioned in the charter, divested of his functions.
AN ACT empowering the Mayor, Aldermen and Commonalty of the
City of New York, to appoint a Clerk of the Common Council.-
Whereas, the mayor, aldermen and commonalty of the city of New York, have, by petition, prayed the Legislature to aid them in choosing and appointing a clerk of the common council ; Therefore,
I. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the clerk denominated, in the charter of the city of New York, the common clerk, now usually called the clerk of the city and county of New York, shall, from and after the first day of April next, forever thereafter be relieved, restrained and prohibited from doing or performing any duties or services, or any act, matter or thing whatsoever, as clerk of the common council of the said city of New York.
II. And be it further enacted, That the mayor, aldermen and commonalty of the city of New York, in common council convened, shall and may, from time to time, and at all times forever after the said first day of April next, choose and appoint a clerk to be clerk of the common council of the city of New York only, and to remove such clerk, and to appoint another, from time to time, as often as the said common council shall deem fit so to do; which said clerk and clerks, so to be chosen and appointed, shall receive, have, take charge of and keep such seal, and all such muniments, records, patents, deeds, minutes, writings and papers belong. ing to the mayor, aldermen and commonalty of the city of New
York, as the said common council shall, from time to time, direct or order to be delivered to and kept by the said clerk and clerks, so from time to time to be appointed, under the direction, and subject to the order and control of the said common council: Provided, nevertheless, That nothing herein contained shall be construed to prevent the Legislature, at any time within their discretion, from altering or repealing this act.
4 & 6. Within what period and limits to be exercised.
8. Lands, &c., commissioners may enter upon. 16. Lands, &c., when required for streets, to be purchased. 17. Appraisers of, how appointed. 20. Lands, &c., fee of, when vested in corporation. 21. But to be kept open as a public street. 18. Lands, &c., price of, how assessed and collected. 19 & 24. To whom paid. 31. Low water mark, certain lands below, vested in the corporation. 32. With proviso. 9. Maps of streets, &c., three to be made. 10. Maps of streets, &c., how authenticated. 11. Maps of streets, &c., where filed. 25. Moneys expended under this act, how assessed and collected. 12. Monuments to be erected. 15. Plans, surveys and maps of streets, made by the commissioners, to be final and
conclusive. 30. Slipe, basins, &c., recital respecting the regulation of 16. Streets, when required to be opened, owners of land to be treated with for
purchase. 22. Streets, when corporation obliged to open. 29. Suits instituted under this act, defendants in, may plead the general issue.
AV ACT relative to Improvements, touching the laying out of Streets
and Roads in the City of New York, and for other Purposes.
Senate and Assembly, That Governeur Morris, Simeon De Witt and John Rutherford be, and they are hereby appointed, commissioners of streets and roads in the city of New York, for the purpose of performing the several acts and duties hereinafter prescribed.
II. And be it further enacted, That in case of the death, resig. nation or refusal to act of any of the said commissioners, it shall and may be lawful for the mayor, aldermen and commonalty of the city of New York, in common council convened, as often as such event shall happen, to appoint and commission a suitable per. son in the place of such commissioner so dying, resigning or refu. sing to act, who shall have all the power and authority vested in a commissioner by this act: Provided, That such person, so to be appointed by the common council, shall be a citizen of the United States, and shall not be a proprietor of, nor interested in any land in either of the Sixth, Seventh, Eighth or Ninth wards of the said city of New York.
III. And be it further enacted, That the powers and duties here. by given to the said commissioners, shall be exercised and discharged by the said commissioners within four years from the pass. ing of this act, and not after.
IV. And be it further enacted, That it shall and may be lawful to and for the said commissioners, or any two of them, and they shall have and possess exclusive power to lay out streets, roads and pub. lic squares of such width, extent and direction as to them shall seem most conducive to public good, and to shut up or direct to be shut up any streets or parts thereof which have been heretofore laid out and not accepted by the common council of the said city, within that part of the said city of New York, to the northward of a line commencing at the wharf of George Clinton, on Hudson river, thence running through Fitzroy road, Greenwich lane and Art street, to the Bowery road; thence down the Bowery road to North street; thence through North street, in its present direction to the East river; and no square or plot of ground made by the intersection of any streets to be laid out by the said commissioners, shall ever, after the streets around the same shall be opened, be or remain divided by any public or open lane, alley, street or thoroughfare; and it shall be the duty of the said commissioners to lay out the leading streets and great avenues, by them to be laid out, of a width not less than sixty feet, and in general to lay out said streets, roads and public squares of such ample width as they may deem sufficient to secure a free and abundant circulation of air among said streets and public squares when the same shall be