CHAP. 10.

AN ACT altering the name of Silas Parish.

Passed January 23, 1833.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S 1. From and after the passage of this act, Silas Parish, of the town of Augusta, in the county of Oneida, shall be called and known by the name of Silas Duncan.

CHAP. 11.

AN ACT relative to the powers of the common council of the city of New-York, and the police and criminal courts of the said city.

Passed January 23, 1833.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

shall be

S1. All persons, who, being habitual drunkards, are Persons who destitute and without visible means of support; or who, deemed vabeing such habitual drunkards, shall abandon, neglect or grants. refuse to aid in the support of 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.

up for exami.

$ 2. It shall be the duty of every constable or other May be taken peace-officer, whenever required by any person, to carry, nation. convey or conduct such vagrant before the mayor, recorder or one of the aldermen or special justices of the said city, for the purpose of examination.

$3. If such magistrate be satisfied by the confession of the offender, or competent testimony, that such person

And commit. is house or pun

ted to alms

itentiary.

Intoxicated persons.

Riding through the

streets.

Recogrizan

a vagrant 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 alms-house, then such person shall be committed for the like time to the penitentiary of said city.

S4. Any person who shall be intoxicated, under such circumstances, 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.

$5. Any person who shall drive or ride any horse through any street, lane, alley or public place, within the lamp-district in 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 confession of the party, or competent testimony, may be fined for such of fence, 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.

$6. In all cases in which, by the provisions of titles the peace first and 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 person, 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.

abandon

wives

$7. All persons who may have actually abandoned Persons whe their wives or children in the city of New-York, with- their wive out adequate support, or in danger of becoming a burden or children. 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 circumstances of the case, whether the conduct of any person amounts to such desertion or ne glect to provide for his wife or children.

vior.

S8. In all complaints before any magistrate in the city Surety for of New-York, for disorderly conduct, it shall be lawful good behafor 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.

S9. The special justices for preserving the peace in the Power of pe city of New-York shall respectively have power to let to cial unices. bail, in all cases where a judge of the court of general sessions, in the said city, is authorised by law to let to bail.

als for assault

$10. In all complaints of assault and battery, tried be- Costs trifore the court of sessions in the city of New-York,, the and battery. said court 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 satis-. fied that such complaint was malicious, or without any reasonable or probable cause, and provided such imprisonment shall not exceed two days.

for second of

$11. If any person convicted of an offence, punishable Punishment by imprisonment in a state prison, shall be discharged, fence. 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

1.

For buying stelen pro

perty.

Sale of food, fruit, and ve getables

Of eld iron, brass, &c.

Penalty.

such subsequent conviction shall be had, for a term not exceeding five years.

S 12. Every person having been convicted of petit larceny, 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.

S 13. Whenever a conviction shall be had in any criminal court in the city of New-York, of any person for buying or receiving 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.

S 14. It shall be lawful for the mayor, aldermen and commonalty of the city of New-York, in common council convened, to pass such ordinances from time to time, as they may deem necessary for preventing or regulating the sale of all articles of food, by hawkers, pedlers, petty dealers, or vagrant persons: also for regulating the sale by measure or weight or otherwise, of all kinds of fruit and vegetables within said city..

S 15. It shall be lawful for the mayor, aldermen and commonalty of the city of New-York, in common council convened, to pass such ordinances from time to time, as they may deem necessary, for regulating persons dealing in old iron, brass, copper, tin, lead, and keeping what are commonly called junk shops; and it shall be lawful for the said common council to require all such persons to obtain licenses from the mayor of said city, on the recommendation of the special justices, for such dealing, business or calling, and to have such licenses renewed from time to time, as they may direct, and to pay for such license, or renewal thereof, such sum as they may by ordinance direct, to be applied towards the support of the poor of the said city.

$16. Whoever shall offend against the ordinances that may be passed in pursuance of the fourteenth and fifteenth sections of this act, shall, for every such offence,

forfeit a sum not to exceed twenty-five dollars, to the use of the poor of said city, to be recovered with costs, by the said mayor, aldermen and commonalty of said city, in any court having jurisdiction of the same.

births.

Pawn bro

kers.

$ 17. It shall and may be lawful for the mayor, alder- Register of men and commonalty of the city of New-York, in common council convened, to pass such ordinances as they may from time to time deem necessary, for the purpose of obtaining accurate returns of the number of births occurring in said city, and to regulate and control pawnbrokers, and dealers in second hand articles, in the exercise of their trade or business, provided they do not require a sum exceeding five hundred dollars for a license, or require them to give security in a sum exceeding ten thousand dollars; and impose not greater penalties on them than two hundred and fifty dollars, and also to fix and establish the rate of interest that shall be taken on any sum.

Children who

ed by parents to be provi

ded for.

S 18. If any child shall be found in a state of want and suffering, or being abandoned or improperly exposed, or are ubandonneglected by their parents, or such other person as may have them in charge, or soliciting charity from door to door, or in any street, highway, or public place within said city, the mayor and recorder, or any two aldermen, or two special justices of said city, shall, on complaint, and competent proof thereof, commit such child to the alms-house, or to such other suitable place as the common council may from time to time establish or designate; there to be detained, kept, educated, employed, and instructed, in such proper manner, and at such suitable labor, as such children may be able to perform, and as will have a tendency to fit them to become useful citizens, until discharged therefrom by due course of law, or by the commissioners of the alms-house of said city, or until bound out by said commissioners; and the aforesaid provisions shall extend to the children of all such persons as may be convicted of being common prostitutes, or keepers of bawdy-houses, or houses for the resort of common prostitutes.

stables and

$ 19. The special justices in the city of New-York, Police conshall, from time to time, select such of the constables or marshals. marshals of the said city as they may deem requisite for police officers, whose duty it shall be to attend, during the pleasure of the said justices, daily at the police office, and execute the commands and orders of the said justices. $20. It shall be lawful for the mayor, aldermen and commonalty of the city of New-York, in common coun- victualling cil convened, to pass such ordinances as they may deem

Ordinaries,

houses, &c.