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S 20. It shall and may be lawful for the said common Board of council to select from the aldermen and justices of the magistrates. peace in said city, such and so many as they shall think proper, to be called the “board of magistrates,” for the relief and support of the poor, and for punishing petty offences committed in the said city; who shall in such case exclusively possess the power and authority of applying and distributing the funds for the relief and support of the poor in said city, in such manner as the common council may direct, and of making all orders in relation to the poor within said city.
S 21. The said common council may, whenever they House of shall think proper, erect and establish a house of correction for petty offenders within said city, and appoint, during pleasure, a keeper thereof, and so many assistants as may be necessary, and prescribe the duties of the said keeper and assistants, and the compensation which they shall respectively be entitled to receive for their services from the said mayor, aldermen and commonalty; and said common council may pass ordinances for regulating the said house of correction, and all other ordinances relative thereto; and whenever the said house of correction shall be erected and established, it shall be lawful for the court of oyer and terminer and general sessions of the peace in and for the county of Schenectady, and for every court of special sessions of the peace held in the said city or coun: ty, to sentence and adjudge any offender convicted before either of the said courts of any petit larceny, assault and battery, or misdemeanor, committed within the said city or county; to the said house of correction, instead of the jail of the said county, there to be imprisoned and kept at hard labor during the term of his or her imprisonment.
$ 22. At the annual meeting of the said common coun- High constacil, on the first Tuesday of May in each and every year, they may appoint a suitable person to be high constable of said city, who shall possess all the powers of any constable of the said county, and shall be subject to such rules, ordinances and regulations as the said common council shall from time to time prescribe, and shall receive such compensation for his services as a police officer as the said common council shall think reasonable to allow, and shall hold his office during the pleasure of the said common council, and shall give the like security, to be approved in the same manner and with the like effect, as other constables elected in the several wards in said city; and in case of a vacancy in the office of high constable, by removal from office or otherwise, it shall be lawful for the said common council, at any time, to supply such vacancy;
which high constable so appointed shall hold his office in the same manner, and give like security, as such high constable originally appointed, and be liable in the same manner. And further, in order to preserve the peace of said city, it shall be lawful for the said common council, upon emergency, to appoint as many special constables for the said city as they in their discretion may deem necessary, and the same to remove at pleasure; which special constables so appointed shall possess all the powers of any constable of the said county, except the service of pro
cess in civil causes. To give bond. $ 23. Every person elected to the office of constable in
either of the wards of the said city, shall, before he enters upon the duties of his office, and within five days after his election, enter into and file in the office of the clerk of said city, a bond to the said mayor, aldermen and commonalty, in such penalty as the said common council shall direct, and with such surety or sureties as the mayor of the said city shall approve, conditioned for the faithful discharge of the duties of the said office; and it shall and may be lawful for any person or persons that may be aggrieved by the neglect, omission or refusal of any such eonstable to return any execution on the day on which the same was returnable, or to do or perform any other of the duties attached to the said office, to prosecute for and recover from the said constable and his surety or sureties, or any or either of them, in an action on the case, to be brought against such constable and his surety or sureties, or any or either of them, or against his surety or sureties only, all, any or either of them, in any court having cognizance thereof, the amount of any such execution so neglected, omitted or refused to be returned as aforesaid, and on which the party against whom the same was issued shall not be proved to have been committed to jail by such constable, according to the requirement thereof; and in all other cases, such damages only as the person or persons bringing such action may have sustained by reason of the neglect, omission or refusal of any such constable to perform or fulfil any other of the duties attached to his said office: in which action, the bond of any such constable and his surety or sureties, with a certificate endorsed thereon of the approval thereof, and of the proof or acknowledgment of the execution thereof before the mayor of the said city, or a transcript thereof, certified by the said clerk, may be read in evidence, without any further proof thereof; but no aetion shall be prosecuted or maintained against any such sureties, unless the same shall be commenced within two years from and after the date of such bond.
$ 24. All licenses to be granted by the mayor and com- Licenses. mon council of the said city to inn-keepers or grocers, to sell strong or spirituous liquors or wines, shall be in conformity to the provisions of title nine of chapter twenty of the first part of the Revised Statutes, and the bonds therein directed shall be taken in granting such licenses, and the said title shall in all respects apply to such licenses and to persons selling liquor contrary to the provisions thereof.
S 25. The common council of the said city shall have Ordinances power, from time to time, to pass ordinances for suppress- gaming. ing gaming-houses, billiard-tables, shuffle-boards, keno-tables, pin-alleys, or other machine, instrument, device or contrivance for gaming, and to enforce the observance of such ordinances by the infliction of penalties not exceeding one hundred and twenty-five dollars for any one offence; and in case of any prosecution for the recovery of any penalty created by the authority given by this section of this act, the person or persons having the custody or care of any such billiard-table, shuffle-board, keno-table, pin-alley, machine, instrument, device or contrivance for gaming, or the possessor of the house, room or place where the same shall be kept, shall be deemed and adjudged the owner of such billiard-table, shuffle-board, keno-table, pin-alley, machine, instrument, device or contrivance for gaming, and that he, she or they keep the same for the purposes of gaming, unless the defendant shall prove upon such trial, that the same are kept by him, her or them, as articles of merchandize, and for no other
purpose; and that in all cases where a recovery shall be had for any penalty to be created by virtue of the authority granted by this section of this act, the magistrate before whom such recovery or judgment shall be had, shall endorse upon the execution to be issued upon any such judgment, that the defendant or defendants is or are not entitled to the liberties of the goal limits; and upon such defendant or defendants being committed to the custody of the sheriff or keeper of the common gaol, it shall be the duty of such sheriff or keeper to confine the said defendant or defendants in one of the prison rooms in the said gaol, and him or them there safely keep, until the said judgment and costs of commitment shall be paid, or he or they be otherwise discharged by due course of law, any law or custom to the contrary thereof notwithstanding.
S 26. All that part of the said city lying west of a line Police dis to be drawn from a point in the north boundary line of triet. said city, directly opposite to the canal bridge at the lower ferry, and running thence southerly to the northeast cor
ner of a lot of ground situate in the second ward of said city, formerly owned by Barent Mynderse, and now or lately belonging to Oliver Ostrom, and thence, with a straight line, to the south boundary of the said city, shall be " The police district." All taxes to be levied by the common council of said city for defraying the expenses of supporting a night watch, and for lighting the streets within said city, shall be imposed on such only of the taxable inhabitants of said city, as reside within the said district.
$ 27. The common council of the said city for the time being, shall be and they are hereby constituted commissioners of highways for the said city; and it shall be lawful for any three of the said council, to be for that purpose appointed by the said common council to lay out, alter or discontinue, such roads or highways, as it may
be deemed necessary or proper to lay out, alter or discontinue, pursuant to the statute relative to the laying out, altering or discontinuance of public and private roads, and subject to the approbation of the said common council. The said city and its inhabitants shall, from and after the passing of this act, be exempt from the operation of the statute relative to highways, and of any acts heretofore passed relative to the said city, so far as the said acts relate to the manner of repairing and keeping in order the highways within the said city, and the assessment for road work for the same; and the common council are hereby authorized and required to repair and keep in order the highways within the said city, and to cause all such common sewers, drains and vaults, as may be necessary to be made and kept in repair within the same, in such manner as they may deem proper. And the common council of the said city shall yearly determine the sum necessary to be raised by tax for defraying the expenses of keeping the highways and bridges in said city in repair, and for making and keeping in repair any common sewers, drains or vaults within the same; and the sum necessary to be raised by tax for the support of the poor in said city, for the year next ensuing; and the board of supervisors of the county of Schenectady, being served
of the resolution of the said common council, requiring such sum or sums to be raised for both or either of the said purposes, shall cause the same to be assessed, levied and collected according to law, as other city taxes are assessed, levied and collected; and such moneys when collected, shall be paid to the treasurer of the said city, and shall be drawn, expended and applied under the direction of the said common council.
with a copy
S 28. It shall be lawful for the common council of said Public city to prohibit any public shows, or theatrical or other exhibitions in the said city, under the penalty of not exceeding fifty dollars for every offence, or to grant licenses therefor, under such restrictions as they may deem proper; and in their discretion they may exact and receive for such licenses, such sum or sums of money as they may deem reasonable, not however to exceed the sum of ten dollars for any one license.
S 29. The common council of the said city shall have By laws and power and authority to pass such by-laws and ordinances latiuns as they, or a majority of them, may from time to time deem expedient, the better to manage and secure their common property, and also for the more effectual suppression of vice and immorality; for preserving peace and good order; to prevent and punish forestalling and regrating, and for detecting and restraining every kind of fraudulent device and practice within the said city; to regulate the keeping, carting, conveying and transporting of gun-powder and other combustibles or dangerous materials, and the use of lights and candles in livery and other stables; to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle or apparatus, used in any house, building, manufactory or business, which may be dangerous in causing or promoting fires; to direct the safe construction of deposits for ashes, and to appoint one or more officers, at reasonable times to enter into and examine all dwelling-houses, lots, yards, enclosures and buildings, of every description, in order to discover whether any of them are in a dangerous state, and to cause such as may be dangerous, to be put in a safe and secure condition; to regulate the gauging of all casks of liquids and liquors, and to appoint one or more suitable persons to superintend and conduct the same; to regulate the place and manner of selling and weighing of hay, and the measuring and certifying the quantity of wood that may be sold in said city, except wood sold by the load, and cases where the purchasers and seller shall agree as to the quantity and quality; and to appoint one or more inspectors or measurers of wood, stone, coal, lime and salt, and weighers of hay and plaister, and to regulate their fees; to restrain and punish the forestalling of poultry, butter and eggs; to prevent and regulate the running at large of dogs; to appoint an examiner of weights and measures, and prescribe his duties and fees; to regulate or prevent the carrying on manufactories dangerous in causing or promoting fires; to appoint fire-wardens and fire-engineers, with such duties and powers as the said common council shall prescribe,