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puty-sheriff, constable, marshal of watchman of the said cities and township aforesaid, who shall see any person commit any of the mischiefs or trespasses in either of the cities or the township aforesaid, if such person or persons shall be unknown to such sheriff, deputy-sheriff, constable, marshal or watchman, to seize, secure and detain such offender so unknown to him as aforesaid until he can discover the name of such offender, or until the next morning, if the offence shall be committed in the night time and the offender shall refuse to discover his or her name, when such offender shall be brought before the mayor, recorder or one of the aldermen of the said cities respectively, or justice of the peace residing in the township aforesaid, who on conviction of such offender, shall proceed against him or her in the manner herein before directed; And further, In case any person shall commit any or either of the offences aforesaid in the presence of any such sheriff, deputy-sheriff, constable, marshai or watchman, that then every such sheriff, deputy-sheriff, constable, marshal or watchman shall forthwith give information thereof to such mayor, recorder, alderman or justice of the peace, in order that such offender may be convicted thereof and punished in manner and form as by this act is directed.

for damages.

be deemed

IV. And be it further enacted by the authority aforesaid, This act no That this act, or any thing herein contained, shall not bar bar to fuits or preclude any person or persons from recovering his, her or their damages against any other person or persons who shall be guilty of any of the mischiefs or trespasses aforesaid, but that the same may be recovered in the same manner as if this act had never been passed. V. And be it further enacted by the authority aforesaid, who are to That every person who shall or may be present when any be of the mischiefs or trespasses in this act mentioned shall be committed, shall be deemed to be guilty thereof, and be subject to the penalties inflicted by this act, although he or she shall not be aiding, abetting or assisting therein, unless such person shall give evidence whereby to convict the person or persons really guilty thereof, or unless he or she shall declare upon oath that he or she came there accidentally, and that he or she doth not know who the offender or offenders is or are.

fineable

VI. And for the more easy discovery and detection of Informer not such offenders, Be it further enacted by the authority aforesaid, That if two or more persons shall have been jointly concerned in committing any of the offences aforesaid, and one or more of them (not being before informed against) shall within the space of one month after the offence committed inform against any or all the other or others concerned in the same offence, so as to convict him, her or them, the person so informing shall not be liable

Aldermen &
other officers

and counties of this state are by law authorized to do, and the said officers shall continue to be appointed as aforesaid until the legislature shall otherwise direct.

IV. And be it further enacted, That the freemen of the when & how said city, being inhabitants thereof, shall on the first Tuesto be chofen. day of April in every year, at such time of the day and which thehen. shall be held such place as the said mayor shall appoint, by a plurality of votes elect from among themselves for the ensuing be perfund year the said four aldermen, four assistants, one supervisor Anrindments and such number of assessors, collectors and constables

Chamberlain
how to be

appointed.

within thereafta

15days

Officers to

as the said common council shall direct as aforesaid.

V. And be it further enacted, That the mayor or recorder of the said city, together with two or more of the said aldermen and two or more of the said assistants, shall annually on the first Tuesday of April in their common council appoint a fit person, being a freeman and inhabitant of the said city, to be the chamberlain of the said city for the year ensuing; and that every person appointmake certain ed or elected to any civil office within the said city shall within fifteen days thereafter take and subscribe the oath or affirmation, as the case may be, of abjuration or allegiance now or hereafter appointed by law, and also an oath or affirmation, as the case may be, for the faithful execution of the office to which he shall be so appointed or elected, which south && see respond am dy

aths.

Neglect or refufal to accept certain offices how punished by Sine.

VI. And be it further enacted, That if any freeman and inhabitant of the said city shall be elected as aforesaid to the office of alderman, assistant, supervisor, assessor, collector or constable of the said city, and having notice thereof shall refuse or neglect to take upon himself such office, it shall be lawful for the mayor or recorder and any two or more of the aldermen and any two or more of the assistants of the said city in common council, to im pose on every person so neglecting or refusing such reasonable fine as they shall think fit, not exceeding twentyHow to be re five dollars, and every such fine shall be levied by distress covered and and sale of the goods and chattels of the delinquent, by applied. warrant signed by the mayor and under the seal of the said city, together with the costs and charges of such distress and sale, rendering the surplus if any to the owner, or may be recovered by action of debt in any court within the said city having cognizance thereof, and shall be recovered and received by the said mayor, recorder, aldermen and commonalty for the use of the said city.

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VII. And be it further enacted, That in case of the absence, sickness or death of the said mayor, the recorder of the said city shall be and hereby is authorized to do and perform all the duties and trusts appertaining to the said office of mayor.

VIII. And be it further enacted, That in case of the death or removal out of the said city of any of the alder-.

men, assistants, supervisor, assessors, collectors or constables before others be elected in their stead, or in case any person elected to any of the said offices shall not be legally qualified to serve therein, it shall be lawful for the free men, being inhabitants of the said city, as often as may be necessary, to assemble together at such times and places as shall be appointed by the mayor for that purpose, and by plurality of votes to elect others in their stead, and in case of the death or removal of the chamberlain of the said city, it shall be lawful for the common council of the said city at any time to appoint another in his stead, and all persons so newly chosen or appointed and sworn shall serve in their respective offices until others be chosen or appointed and sworn in their stead.

moval of cet others to be chofen or ap heir ftead.

tain officers

pointed in

ties.

IX. And be it further enacted, That every chief marshal Chief mar fhai to give fureto be appointed as aforesaid shall before he enter upon the execution of his office become bound in the same manner and with the like sureties and under the like pen alty for the faithful discharge of the duties of his office as the sheriff of the county of Columbia is or shall by law be required to be bound for the faithful execution of his of fice and the said chamberlain, collectors and constables Chamberlain, shall respectively give such security for the faithful discharge of the trusts reposed in them as the mayor, recorder and common council of the said city shall direct and require.

collectors and conftables the

like.

council how compofed.

to make byes

X. And be it further enacted, That the mayor, recor- Common der, aldermen and assistants of the said city, whereof the mayor or recorder always to be one, shall be called the common council of the city of Hudson, and they of Empowered the major part of them shall have power to make bye- laws. laws relative to the public markets within the said city, so as such bye-laws shall not extend to the regulating or ascertaining the price of any commodity or article of provision which may be brought for sale within the said city; relative to the streets and highways of the said city; relative to nuisances within the limits of the said city; relative to the cleaning of chimnies and protecting the city from fire; relative to the manner of warning the meetings of the said city and the common council thereof, and the time and place where they shall be holden ; relative a city watch; relative to bonds and securities to be given by constables, collectors, treasurers or any other of ficer of the said city for the faithful discharge of the duties of such office or offices; relative to the burial of the dead; relative to the public lights or lamps of the said city; relative to the restraining geese and swine going at large within the limits of the said city; relative to the overseeing of the poor; and relative to any thing whatso ever which may concern the good government and police of the said city; Provided, That such bye-laws be no

to

VOL. II.

W.

TWENTY-FOURTH SESSION. CHAP. XCIX. An ACT to divide the County of Tioga into Jury Districts. Passed 31st March, 1801.

Tioga county I. to be divided into two jury diftricts.

Daty of the clerk of faid County.

Jurors for the

in certain

be taken.

E it enacted by the People of the State of New-York,

Brepresented in Senate and Assembly, That the judges

and assistant justices in the county of Tioga shall at their next term of the court of common pleas to be holden in and for the said county, on the first Tuesday of May next, divide the said county into two districts, as nearly equal as may be convenient, and shall cause the said division to be entered on the minutes of said court, which entry shall designate each of said districts.

II. And be it further enacted, That the clerk of said county, shall immediately after the division of the said county in manner aforesaid, provide four jury boxes for said county, and shall mark on two of said boxes the name of one of the said districts, and on the remaining boxes the name of the other of the said districts; and it shall be the duty of the said clerk to put the slips of paper containing the names of persons residing in each of the said districts, who are or shall be returned to him in pursuance of the act, entitled An act for regulating trials of issues and for returning able and sufficient jurors, into one of the boxes belonging to the district in which such persons shall severally reside.

III. And be it further enacted, That jurors for the trial trial of iffues of issues in the circuit court, court of oyer and terminer courts how to and gaol delivery, and court of common pleas and general sessions of the peace to be held in and for said county of Tioga, at any time after the first Tuesday of May next, shall be taken from one of the jury boxes belonging to the district in which either of the said courts is then next to be held, in the manner directed in and by the act herein recited, and as if each of the said districts were separate and distinct counties, any thing in the said act to the contrary notwithstanding.

Courts in faid

to be held.

IV. And be it further enacted, That it shall be lawful County where for the courts of common pleas and general sessions of the peace for the county of Tioga, to hold the said courts at a house about to be erected for that purpose at Chenango-point, in the town of Chenango, in the said county of Tioga, instead of the house of Joshua Whitney in the town of Union, and at the court-house at Newtown alternately.

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fums affeffed.

erly to the place of beginning, in such manner as to them shall appear most conducive to the public good; and for Eftimate and the better effecting the same, the said common council affeffment of the expenfe shall cause an estimate to be made of the expense of con- to be made. forming to any such ordinance or bye-law, and a just and equitable assessment thereof among the owners or occu pants of all the houses and lots of ground intended to be benefitted thereby in proportion as nearly as may be to the advantage they shall be deemed respectively to acquire thereby, and in order that the same may be impar- Affeffors how to be appoint tially performed, the said mayor, recorder, aldermen and cd. commonalty in common council convened, shall from time to time appoint five sufficient and disinterested freeholders for every such purpose, who shall before they enter upon the execution of the trust reposed in them, be duly sworn before the mayor or recorder of the said city, to make the said estimate or assessment fairly and impar tially according to the best of their skill and judgment; and a certificate in writing of such estimate and assessment being returned to the said mayor,/ recorder, aldermen and commonalty in common council convened, shall be binding and conclusive upon the owners or occupants of such houses and lots of ground so to be assessed respectively, and such owners or occupants respectively shall owner or ecthereupon become, and be liable and chargeable, and cupant to pay they are hereby required upon demand to pay to such. person or persons as shall be authorized by the said mayor, recorder, aldermen and commonalty, by their resolution or order for that purpose to be made in common council, to receive the same, and in default of payment thereof it In cafe of deshall be lawful for the mayor, recorder and aldermen of fault how to the said city, or any three of them whereof the mayor or recorder always to be one, by warrant under their hands and seals to cause the said sum or sums of money so assessed to be levied by distress and sale of the goods and chattels of the owners or occupants of such houses or lots of ground so assessed and refusing or neglecting to pay the same, rendering the overplus, if any there be, after de-. ducting the sum assessed and the charges of distress and sale, to such owners or occupants or their legal representatives; Provided, That it shall be lawful for the said Common mayor, recorder, aldermen and commonalty, in and by establish rates any of the said ordinances or bye-laws, to direct and estab- at which lalish certain rates at which any labour performed or ma-rials fhall be terials furnished by any such owner or occupant for and received in. towards the completion of such payment, in the manner and in the proportion directed and prescribed in and by any such ordinance or bye-laws, shall be credited on the said assessment; And provided also, That nothing in this Contracts be act contained shall be construed to affect any contract or lord and ten. agreement that hath been or shall be made between any fected hereby.

be levied.

council may

bour or mate

payment.

tween land

ant not af

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