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ferui all the writs and process of the said court directed to them respectively in the same manner as the sheriffs and other officers of any court of record in this state.

XXIV. And be it further enacted, That every citizen What fall of this state or any of the United States, who shall inhabit cutitle a perwithin the limits of the said city, and shall have resided privileges of

. therein for the space of four months successively

and continue to reside therein, and shall have paid any taxes in

A the said city, and not be disqualified by law, shall be entitled

to all the rights and privileges of a freeman of the Bay of Phelin said city.

XXV. And be it further enacted, That this act shall be This act dedeemed a public act, and be construed in all courts and clared a pube places benignly and favourably for every beneficial purpose therein intended.

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City of Scheneđady.

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TWENTY-FOURTH SESSION. CHAP. CXXXVII.
An ACT relative to the City of Schenectady.

Passed 4th April, 1801.
1. E it enacted by the People of the State of New York, Bounds of the
represented in Senate and Assembly, That all that city of Sche-

nectady. district of country contained within the following limits, to wit: Beginning on the north bank of the Mohawk-river about four miles below the late village of Schenectady opposite the mouth of a small creek called Laughter's kilsitie where the east bounds of Schenectady patent comes to the said river, thence along the northerly, northeasterly, horthwesterly, westerly, southerly and southeasterly bounds thereof to the north bounds of the manor of Rensselaerwyck, thence along the same easterly to the said easterly bounds of Schenectady, thence along the same northerly to the said Mohawk-river, and then with a straight line to the place of beginning, shall continue to be a city by the name of Schenectady ; and that all the freemen of inhabitants a: this state, from time to time being inhabitants thereof, budy corpore shall be a body corporate by the name of the mayor, al- of the corps.

ratio. dermen and commonalty of the city of Schenectady, and by that name they and their successors shall be known in law, and be capable of suing and being sued, and of defending in all courts of law and equity, and in all actions and matters whatsoever, and may have a common seal and Their rigika alter the same at their pleasure, and shall be absolutely and completely vested with all the estate and interest of and in the common lands, fenements and hereditaments of the said city, not heretofore disposed of, and of all man

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ner of debts whigh now are or hereafter may be due and unpaid, and are made payable to any former trustees of

the late township of Schenectady in the capacity of trusProvifo.

tees thereof; Provided however, That nothing herein contained shall be construed to affect any suits which now are depending or which may hereafter become necessary for any purchaser to commence in the name of any former trustees of the late township of Schenectady, to try the title to or recover the possession of any land situated with in the patent aforesaid, but the same may be prosecuted in

the same manner as if this act had not been passed. Namber of

II. And be it further enacted, That the said city shall be oficers to be divided into four wards, and the inhabitants of each ward chofen in each shall have power to elect two aldermen and two assistants,

together with all such officers as are by this act provided to be chosen, except the treasurer and clerk of the said city, which said election of aldermen and assistants and other officers shall be annually held in each of the said

wards on the first Tuesday in April. The city to

III. And be it further enacted, That there shall be in and other of and for the said city one mayor, who shall have the same

power to take the acknowledgment and proof of deeds and other writings relating to lands situate within the said city as a judge of the court of common pleas in and for the county of Albany, eight aldermen, eight assistants, one clerk, one treasurer, one supervisor, and as many assessors, collectors, constables, commissioners of highways, overseers of the poor, pound-masters and fence-viewers, as the common council herein after constituted and appointed shall from time to time direct to be chosen, which supervisor, assessors, collectors, constables and other officers, so directed to be chosen, shall be chosen in the manner and at the time and place herein directed for the an

nual election of officers within the said city. Mayor how IV. And be it further enacted, That it shall be the duty appointed and of the person administering the government of this state his office. by and with the advice and consent of the council of ap

pointment, at such time as said council shall be assembled, to nominate and appoint, sout of the citizens and inhabitants of said city of Schenectady, one fit and discreet person to be mayor of said city, whích said mayor shall continue in his said office for the term of one year from such appointment, and until some other person be appointed and sworn in his stead.

V. And be it further exacted, That on the first Tuesday Aldermen, af

of April in every year the inhabitants of the said city shall how & when assemble in their respective wards, at such time of the to be chofen. day and at such public places as the common council shalt

for that purpose at their meeting next previous to such election have appointed, and then and there by plurality of votes choose out of the inhabitants of said city resitling

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in their respective wards, for the ensuing year, two alder. men, two assistants, and such a number of fassessors, collectors, constables, pound-masters, commissioners of highways, fence-viewers, and such other proper and necessary officers as the common council of the said city shall from time to time deem necessary and direct to be chosen.

VI. And be it further enacted, That fall the inhabitants Qualifications of said city qualified by the existing laws of this state to vote at town meetings, shall be entitled to vote for aldermen and assistants and all other officers at such time and place as is herein before directed.

VII. And be it further enacted, That every person to of the alderbe chosen alderman or assistant of the said city by virtue Giftants. of this act shall be a freeholder within this state, or have hired a tenement of the yearly value of thirty dollars, and actually paid taxes in said city, and resided within said city at least one year before such election, and resident within their respective wards, and the votes given for said aldermen and assistants shall be by ballot; and at least eight Elections

how conduct. days before the day of election annually to be holden by con virtue of this act, the common council of said city shall appoint in each ward three persgns, who shall preside as inspectors of said election, and stich persons so appointed shall preside and canvass the ballots of such election, and declare the several officers who may have been chosen, and shall have power to decide on the qualification of electors, and shall provide and keep poll books wherein shall be entered the names off the persons who voted at such election.

VIII. And be it further enacted, That each inspector Inspectors to before he enters upon the execution of the duties of his take anyoath, office, shall take and subscribe an oath faithfully to perform and execute the duty of an inspector according to the best of his knowledge and abifities, which oath shall be administered by any justice of the peace residing in the said city.

IX. And be it further enacted, That the mayor, alder. Con mon men and assistants of the said city shall be called the com- council of faid1 p. 3/3 mon council of the city of Schenectady, who, or the ma

those who jor part of whom, whereof the mayor always to be one,

fotlar shall have power and authority to pass such bye-laws and

w establish such wholesome regulations as by them from time to time shall be thought expedient the better to manage and secure their common property, and also power and authority to take bonds and sureties to be given by constaLles or any other officers of said city for the faithful discharge of the duties of their office, and also relative to the

han 314. overseeing of the poor within said city s Provided, That such bye-laws be not contrary to or inconsistent with the constitution or laws of this state.

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X. And be it further enacted, That on the first Tuesday in April ik every year, the inhabitants of the respective wards in said city qualified as herein before mentioned, when assembled for the purpose of electing the officers herein before mentioned, shall by ballot chuse one supervisor for said {ity for the year then ensuing, which said ballots shall by the inspectors of said election in the respective wards be sealed up and by them respectively delivered to the clerk of said city, who shall at the then

next meeting of the common council of said city deliver His election the said ballots to the mayor, and the said common coun

cil shall then and the proceed to canvass and examine his powers apd duties. the said ballots, and the person who upon such canvass

is found to have the greatest number of ballots shall by said commop/council be then and there declared to be supervisor, any such supervisor shall be vested with the same powers

and duties as the respective supervisors of the city of Albany are by law Wested with ; Provided, That no such canvass or determinalion by said council shall be valid, unless at such meeting there be present at least

coundl Treasurer

XI. And be it further endcted, That on the first Tuesday pnd clerk how appointed. of May in every year the common council of said city

shall nominate and appoigt one fit person, being a freeholder and inhabitant of id city, to be treasurer of said city, and one other fit perfon to be clerk for the

year

then next ensuing ; and the sad treasurer before he shall enwith furecies. ter on the execution of the duties of his office shall give

bond with two sureties to be approved of by said common council in the sum of file thousand dollars, conditioned

for the due execution of the duties of his said office and cler to take a faithful discharge of thg trust reposed in him ; and the an oath.

said clerk before he enter on the exercise of the duties of his said office, shall fake oath faithfully to perform, and truly to discharge the duties of his said office to the best of his knowledge and ability, without fraud, favour or

partiality. His duty.

XII. And be it further enacted, That it shall be the duty of the clerk to provide and keep a book or books wherein shall be entered all the proceedings of the said common council from time to time, which books and proceedings shall be open at all projer times for the inspection of any

of the inhabitants of the said city, Meetings of XIII. And be it furt er enacted, That the said common

council shall meet on the first Tuesday in May in every

year, and oftener if necessary, at which meetings every proceeding

transaction relating to the common lands and property T:on property

Treasurer to

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the common counil and their

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shall be determined by a plurality of votes of the members present, and no sale, lease, gift or disposition whatever of such common property shall be valid unless two

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thirds of the whole number of aldermen and assistants of

said city shall give their assent to the same, and to consti: Avot, 529

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tule a legal meeting for any other purpose there shall be present at least two-thirds of all the members composing the common council of said city, and in cases of emergency it shall be lawful for the mayor of the said city to call a meeting at other times than herein before provided.

XIV. And, be it further enacted, that the mayor and Mayor each of the common council of the safd city shall severala members of: ly, before they enter on the discharge of the duties of their take an oath. respective offices, take and subscribe the following oath or affirmation :

I A B, do solemnly swear (or, a firm, as the case may Form be) that I will wels, faithfully and fruly execute the office of to which I am elected, (or, anpointed) to the best of my ability, without fraud, favour or partiality."

XV. And be it further enacted, that in case of the ab- In the absence, sence, death, sickness or removal from office of the

mayor, it shall be lawful for one of the aldermen of said city, place how to

be fupplied. to be nominated and appointed by the aldermen and assistants of said city in a meeting of said aldermen and assistants for that purpose to be convened, which meeting shall;

341 be summoned by writing under hand and seal of any two aldermen thereof

, to execute all the duties to the office of 314 said mayor appertaining, during the absence, sickness or removal from office of said mayor, or until a successor be duly appointed and sworn, except the taking of proofs. and acknowledgments of conveyances. as herein before mentioned.

XVI. And be it further enacted, That if any of the in- penalty for a habitants of said city shall herefter be chosen to the of- Telafal or nga fice of alderman, assistant, supervisor, assessor, collector, in certain porn constable, commissioner of highways, pound-master or fence-viewer of said city, and having notice of his said election shall refuse or neglect fo take upon him the execution of his office, it shall then be lawful for the common council of said city to in pose upon every such pera: son such reasonable fine as the said common council shall 530 think fit, unless such person shall render to such common council a reasonable and satisfactory excuse before such order shall be made in the premises ; Provided' always, That no such fine for such refusál or neglect shall exceed the sum of twelve dollars ; all which said fines shall be Havdrecober. levied by distress and sale pf the goods and chattels ofed & applied. such delinquent, by warrant under the seal of the said cittad directed to one of the constables thereof and signed by the mayor,. rendering the spirplus, if any there be, to the owner thereof, the necessary and legal charges of making and selling such distress being first deducted; which fines when collected shall be rečciyedl by the common council. for the benefit of said city.

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