how constituted. poration, shall happen to fall on a Sunday, then, and in such case, such naming, appointing, electing, or choosing, so to be made, shall be made, and such oath, or oaths, so to be administered, shall be administered on the next day, and so as often as such case shall happen. E. E. 14. And further we do, of our especial grace, certain knowledge, and meer motion, for us, our heirs, and successors, give, grant, ratify, and confirm, unto the said Mayor, Aldermen, and Commonalty of the city of NewYork, and their successors, forever, that the Mayor or Common Recorder, with four or more Aldermen, and four or Council: more Assistants of the said city, for the time being, be, and shall be forever hereafter, called the Common Council of the city of New-York: And that the said Common Council of the said city, for the time being, or the major part of them, have and may, and shall have · full power, authority, and license, to frame, constitute, ordain, make, and establish, from time to time, all such Power to laws, statutes, rights, ordinances, and constitutions, make byelaws, which to them, or the greater part of them, shall seem to be good, useful, or necessary, for the good rule and government of the body corporate aforesaid; and of all officers, ministers, artificers, citizens, inhabitants, and residents, of the said city, within the limits thereof, and for declaring how and after what manner and order, the Mayor, Recorder, Aldermen, and Assistants of the said city, for the time being, and all, and every of their officers and ministers, and all officers and ministers, and all artificers, inhabitants, and residents of the same city, and their factors, servants, and apprentices, in their offices, functions, and business, within the said city and the liberties thereof, for the time being, and from time to time, [shall use, carry and behave them E. E. Note XXVIII. 55 selves; and for the farther public good, common profit, trade, and better government and rule of the said city, and for the better preserving, governing, disposing, letting, and setting of the lands, tenements, possessions, and hereditaments, goods, and chattels, to the aforesaid Mayor, Aldermen, and Commonalty of the said city of New-York belonging, or to them and their successors hereafter to belong, and all other things and causes whatsoever touching or concerning the said city, or the state, right, and interest, of the same, (provided that such laws be not contradictory or repugnant to the laws or statutes of that part of our kingdom of Great Britain called England, or of our said province) which laws, statues, ordinances, and constitutions, so to be made as aforesaid, may be and remain in force for twelve months from the day of the date thereof, and no longer, unless they shall be allowed of, and confirmed by the Governor and Council of the said province, for the time being; and that the said common council of the said city, for the time being, or the greater part of them, as often as they shall make, ordain, and establish, such laws, statutes, rights, ordinances, and constitutions, in form aforesaid, may make, ordain, limit, and provide, such and the like pains, punishments, penalties, either by And to infines and amerciaments, or by disfranchising and amov- levy pening from the liberties, privileges, immunities, and free- alties. dom of the said city, or by either of them, towards and against all and every person that shall offend against such laws, statutes, rights, orders, and constitutions, or any or either of them, or by the said Common Council, or the major part of them, shall be thought necessary and requisite to make, ordain, limit and provide, for the observation and preservation of the same laws, rights, statutes, ordinances, and constitutions; and the same fines and amerciaments shall and may, from time to time, levy, receive, have, and recover, either by dis flict and Common Council to Mayor, or tress and sale of the goods and chattels of such delinquent and delinquents, by warrant under the hand and seal of the Mayor or Recorder, or any one of the Aldermen, for the time being, rendering the surplusage to the owner or owners thereof (if any be) the necessary charges of making and selling such distress, being first deducted; or by action of debt, in any court of record to be prosecuted, or in any other lawful method to be obtained, and to the use of the said Mayor, Aldermen, and Commonalty of the city of New-York, and their successors forever, without any account thereof to be given to us our heirs, and successors, or to any of the officers or ministers of us, or our heirs, or successors: all and singular, which laws, statutes, rights, ordinances, and constitutions, so as aforesaid to be made, we do, for us, our heirs, and successors, will to be observed, under the pains, penalties, and forfeitures, in the same contained. And we do further, of our especial grace, certain knowledge, and meer motion, for us, our heirs, and successors, give, grant, ratify, and confirm, unto the said Mayor, Aldermen, and Commonalty, of the city of New-York, and their successors forever, that the Common Council of the said city, for the time being, or the major part ef them, shall have the sole power of determining and deciding all elections of all and every their officers and ministers, hereafter to be chosen and elected in, or for the said corporation, or any part thereof. F. F. 15. And we do hereby, for us, our heirs, and succesbe called sors, ordain, declare, give, and grant, unto the said by the Mayor, Aldermen, and Commonalty, and their succesin case of sors, that the Common Council of the said city shall ness or ab- be summoned, called, and held, from time to time, so sence, by often, and at such times and places, as the Mayor, or in der. case of his sickness or absence, the Recorder of the his sick the Recor F. F. Note XXIX. Common bers who attend. not said city, for the time being, shall think fit to appoint or direct; and that it shall and may be lawful to and for the said Common Council of the said city, or the major part of them, to assess and lay such reasonable fines and amerciaments in and upon every officer and Council to member of the body corporate aforesaid, for the time fine membeing, who after having had due notice, or being duly shall summoned to appear or attend at any such Common Council, to be held for the said city, shall neglect so to do, or make default therein, or shall not appear or attend according to such notice or summons, in that behalf, or show a reasonable cause, by the said Common Council, or the major part of them, at their discretion to be allowed, and so often as such case shall happen, so that no such fine or amerciament for any one default of appearance or attendance of any such officer or member of the body corporate aforesaid, shall exceed the sum of twenty shillings, in the manner and form aforesaid, to be levied, and by, to, and for the use of the Mayor, Aldermen, and Commonalty, of the said city, and their successors, to be recovered and received, without any account thereof to be given to us, our heirs, or successors, or any of our or their officers or ministers. And we do further, for us, our heirs, and successors, give, grant, and comfirm, unto the Mayor, Aldermen, and Commonalty, of the said city of NewYork, and their successors forever, that the Common Council of the said city, for the time being, or the major part of them, (but no other person or persons whomsoever, without the consent, grant, or license, of the said Common Council of the said city, for the time being, or the major part of them,) from time to time, and at all times hereafter, shall and may have the sole, full, and whole, power and authority of settling, ap- Power to pointing, establishing, ordering, and directing, and ferries. shall and may settle, appoint, establish, order, and di establish rect, such and so many ferries, round Manhattan's Island, alias New-York Island, for the carrying and transporting people, horses, cattle, goods, and chattels, from the said Island of Manhattan to Nassau Island, and from thence back to Manhattan's; and, also, from the said Island Manhattan's to any of the opposite shores all round the same Island, in such and so many places as the said Common Council, or the major part of them, shall think fit, who have hereby, likewise, full power to let, set, or otherwise dispose of, all or any of such ferries, to any person or persons whomsoever; and the rents, issues, profits, ferriages, fees, and other advantages arising and accruing from all and every such ferries; we do hereby fully and freely for us, our heirs, and successors, give and grant unto the Mayor, Aldermen, and Commonalty, of the city of New-York aferesaid, and to their successors forever, to have, take, hold, and enjoy the same, to their own use, without being accountable to us, our heirs, or successors, for the same or any part thereof. G. G. 16. And we do further, for us, our heirs, and successors, give, grant, ratify, and confirm, unto the said Mayor, Aldermen, and Commonalty, of the city of New-York, and their successors forever, that the Common Council of the said city, for the time being, or the major part of them, have, and from time to time, and at all times hereafter forever, shall have full power, build, re- license, and authority, not only to establish, appoint, pair, and order, and direct, the making and laying out of all lay out bridges, other streets, lanes, alleys, highways, water-courses, lanes, highways, and bridges, not already made or laid out, but also the streets, & altering, amending, and repairing all such streets, alleys. lanes, alleys, highways, water-courses, and bridges, heretofore made or laid out, or hereafter to be made or Power to G. G. Note XXX. |