be made by ent of com SEC. 2. From the list thus obtained the superintendent may Selections to select, as state pupils, such as are properly embraced within the superintend provisions of the existing laws, and make such regulations and give mon schools. such directions to parents and guardians in relation to the admission of pupils, at stated periods, as will remove the inconvenience of having pupils of the same class entering the school at different periods. SEC. 3. The notice required by this act to be given to the overseers of the poor, shall be in lieu of the notice required by the third section of the "Act to provide for the instruction of the indigent deaf and dumb within this state," passed April 16, 1822. And whenever vacancies occur in the pupils from a Senate district, those vacancies may be filled from the list of that district, kept by the superintendent of common schools, without delay. Notice. 1832. CHAPTER CCXCIII. AN ACT for the Relief of Daniel Clark.-Passed April 26, 1832. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. That Daniel Clark may, with the consent and approbation of the mayor, aldermen and commonalty of the city of New York, erect and complete, at his wharf between Liberty and Courtland streets, in said city, and adjoining the westerly line of West street, such buildings for the use of steamboats landing passengers at that place, as the said mayor, aldermen and commonalty may direct and approve, any law to the contrary notwithstanding. And if at any time thereafter the said mayor, aldermen and commonalty shall require such building to be removed, the said Daniel Clark shall remove the same, within sixty days after receiving a notice to that effect from the said mayor, aldermen and commonalty. 1833. CHAPTER VI. AN ACT concerning the Territorial Limits and Jurisdiction of the State of New York and the State of New Jersey.-Passed January 18, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Commission SEC. 1. The governor shall appoint three commissioners, who shall have full powers, on the part of the state of New York, to ers to be ap pointed. Their pow ers. Place of meeting. Governor to send copy of this act. Pay of com missioners. meet commissioners appointed, or who may be appointed, under or by virtue of a law of the Legislature of the state of New Jersey, to negotiate and agree respecting the territorial limits and jurisdiction of the state of New York and the state of New Jersey. And if by death, resignation or otherwise, a vacancy do happen among those appointed by the state of New York, the governor, or person administering the government of this state, is hereby authorized to supply the same. SEC. 2. The said commissioners on the part of the state of New York, or the major part of them, shall have full power and authority to agree upon, settle and determine the limits and jurisdiction between the said states, as to them may seem just; and their agreement in the premises, in writing, signed and sealed by the said commissioners of both states, or a majority of them respectively, if made on or before the first Tuesday of January next, shall become binding on the state of New York, when confirmed by the respective Legislatures of New York and New Jersey, and approved by Congress. SEC. 3. The said commissioners shall meet at such time and place as they may agree upon. SEC. 4. The governor, or person administering the government of this state, shall transmit to the governor, or person administering the government of the state of New Jersey, a copy of this act. SEC. 5. The commissioners who act in the premises shall each be entitled to receive five dollars per day for every day they may be employed in discharging their duties under this act, and fifteen cents per mile for every mile they shall necessarily travel, in going to and returning from any meeting of the said commissioners, to be paid by the treasurer, on the warrant of the comptroller. Persons who shall be 1833. CHAPTER XI. .AN ACT relative to the Powers of the Common Council of the City of The People of the State of New York, represented in Senate and Assembly, do enact as follows: SEC. 1. All persons, who, being habitual drunkards, are destitute deemed va- and without visible means of support; or who, being such habitual drunkards, shall abandon, neglect or refuse to aid in the support of grants. their families, who may be complained of by such families; all persons who shall have contracted an infectious or other disease in the practice of drunkenness or debauchery, requiring charitable aid to restore them to health; all common prostitutes, who have no lawful employment, whereby to maintain themselves; all able bodied or sturdy beggars, who may apply for alms or solicit charity; all persons wandering abroad, lodging in watch-houses, out-houses, market places, sheds, stables, or uninhabited buildings, or in the open air, and not giving a good account of themselves; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, passages, or other public places, to beg or receive alms, within the said city, shall be deemed vagrants. ken up for SEC. 2. It shall be the duty of every constable or other peace May be ta officer, whenever required by any person, to carry, convey, or con- examination duct such vagrant before the mayor, recorder, or one of the aldermen or special justices of the said city, for the purpose of examination. ted to almsor penitentiary SEC. 3. If such magistrate be satisfied, by the confession of the And commitoffender, or competent testimony, that such person is a vagrant house within the description aforesaid, he shall make up and sign a record of conviction thereof, which shall be filed in the office of the clerk of the Court of Sessions; and shall, by warrant, under his hand, commit such vagrant, if not a notorious offender, and be a proper object for such relief, to the alms-house of the said city for any time not exceeding six months, there to be kept at hard labor; or if the offender be an improper person to be sent to the almshouse, then such person shall be committed for the like time to the penitentiary of said city. persons. SEC. 4. Any person who shall be intoxicated under such cir- Intoxicated cumstances as shall, in the opinion of any such magistrate, amount to a violation of public decency, may be convicted of such offence by any such magistrate, upon competent testimony, and fined for such offence, any sum not exceeding five dollars; and, in default of payment of such fine, may be committed to prison by such magistrate, until the same be paid; but such imprisonment shall not exceed five days. through the SEC. 5. Any person who shall drive or ride any horse through Riding any street, lane, alley or public place, within the lamp district in streets. the city of New York, with greater speed than at the rate of five miles in an hour, shall be deemed guilty of disorderly conduct, and upon conviction thereof by any such magistrate, either upon the Recognizances to keep confession of the party, or competent testimony, may be fined for such offence, any sum not exceeding ten dollars; and, in default of payment of such fine, may be committed to prison by such magistrate, until the same be paid; but such imprisonment shall not exceed ten days. SEC. 6. In all cases in which, by the provisions of titles first and the peace. second of chapter second of part fourth of the Revised Statutes, any magistrate in the city of New York might require any person to enter into a recognizance, with sufficient surety or sureties, to appear at the next Court of General Sessions, it shall be lawful for any such magistrate, either in addition thereto, or in lieu thereof, to require any such person to enter into a recognizance, with sufficient surety or sureties, to keep the peace to the people of this state, and particularly to any person requiring such security, for a term not exceeding twelve months; and in default of giving such recognizance, with sufficient surety or sureties, to commit such per son, until the same may be entered into; and the magistrate who may have required such sureties, may in his discretion, at any time discharge the same. Persons who abandon or children. SEC. 7. All persons who may have actually abandoned their their wives wives or children in the city of New York, without adequate support, or in danger of becoming a burden upon the public, or who may neglect to provide, according to their means, for their wives or children, are hereby declared to be disorderly persons, within the meaning of title fifth, of chapter twentieth, of part first, of the Revised Statutes, and may be proceeded against, as such, in the manner directed by the said title. And it shall be the duty of the magistrate, before whom any such person may be brought for examination, to judge and determine, from the facts and circum stances of the case, whether the conduct of any person amounts to such desertion or neglect to provide for his wife or children. Surety good for beha- SEC. 8. In all complaints before any magistrate in the city of vior. New York, for disorderly conduct, it shall be lawful for such magistrate, if, in his opinion, such disorderly conduct tends to a breach of the peace, to require the party against whom such conduct may be proved, either by his or her own confession, or by competent testimony, to give sufficient surety or sureties for his or her good behavior, for any term not exceeding twelve months, and the magistrate who may have required such surety or sureties, may, in his discretion, at any time discharge the same. SEC. 9. The special justices for preserving the peace in the city of New York shall respectively have power to let to bail, in all cases where a judge of the Court of General Sessions, in the said city, is authorized by law to let to bail. als for as battery. SEC. 10. In all complaints of assault and battery, tried before Costs of trlthe Court of Sessions in the city of New York, the said court sault and shall have power, in its discretion, to order the complainant to pay the costs incurred by reason of such complaint, and to commit such complainant to custody until such costs be paid, provided they shall be satisfied that such complaint was malicious, or without any reasonable or probable cause, and provided such imprisonment shall not exceed two days. for second offence. SEC. 11. If any person convicted of an offence, punishable by Punishment imprisonment in a state prison, shall be discharged, either upon being pardoned, or upon the expiration of his sentence, and shall subsequently be convicted in the said city of New York, of petit larceny, or of an attempt to commit an offence, which, if committed, would be punishable by imprisonment in a state prison, then the person convicted of such subsequent offence may be punished by imprisonment in the penitentiary of the said city, or in a state prison, in the discretion of the court before whom such subsequent conviction shall be had, for a term not exceeding five years. SEC. 12. Every person having been convicted of petit larceny, b. or of an attempt to commit an offence which, if perpetrated, would be punishable by imprisonment in a state prison, and having been pardoned or otherwise discharged, who shall subsequently be convicted in the said city of New York of petit larceny, or of any attempt to commit an offence which, if perpetrated, would be punishable by imprisonment in a state prison, may be sentenced by the court, before whom such conviction may be had, in its discretion, to imprisonment either in the penitentiary of the said city, or in a state prison for a term not exceeding five years. stolen prop SEC. 13. Whenever a conviction shall be had in any criminal For buying court in the city of New York, of any person, for buying or re-erty. ceiving any personal property feloniously stolen from another, knowing the same to have been stolen, such person may be sentenced, in the discretion of the court, to imprisonment in the penitentiary of the said city, for the same term of time for which such person may by law be sentenced to imprisonment in a state prison. com Sale of food, fruit, and SEC. 14. It shall be lawful for the aldermen and mayor, monalty of the city of New York, in common council convened, to vegetables. pass such ordinances, from time to time, as they may deem neces |
