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Mayor,

13

and three

Aldermen

Common

er to make
Laws and

ces.

presents do assign, name, constitute, and appoint Jarvis Marshal, one other of the said citizens there, to be the present Marshal of the said city. And I do, by these presents, grant to the said Mayor, Aldermen, and Commonalty of the said city of New-York, and their successors, That the Mayor, Recorder, Aldermen, and Assistants of the said city for the time being, or the Recorder, Mayor, Recorder, and any three or more of the Alder- or more men, and any three or more of the Assistants, for the and Assisttime being, be and shall be called, The Common Coun- ants to be a cil of the said city, and that they, or the greater part Council. of them, shall or may have full power and authority, by virtue of these presents, from time to time, to call and hold common council, within the common council house, or City Hall of the said city: and there, as occasion shall be, to make laws, orders, ordinances, With pow and constitutions, in writing; and to add, alter, diminish or reform them, from time to time, as to them Ordinan shall seem necessary and convenient, (not repugnant to the prerogative of his most sacred majesty aforesaid, his heirs and successors, or to any of the laws of the Kingdom of England, or other the laws of the general Assembly of the province of New-York,) for the good rule, oversight, correction, and government of the said city and liberties of the same, and of all the officers thereof, and for the several tradesmen, victuallers, artificers, and of all other the people and inhabitants of the said city, liberties, and precincts, aforesaid, and for the better preservation of government, and disposal of all the lands, tenements, and hereditaments, goods and chattels of the said corporation; which laws, orders, ordinances, and constitutions, shall be binding to all the inhabitants of the said city, liberties, and precincts aforesaid; and which laws, orders, ordinances, and constitutions, so by them made, as aforesaid, shall be and remain in force for the space

of three months, and no longer, unless they shall be allowed of, and confirmed by, the governor, and council for the time being. And I do further, on the behalf of his sacred majesty aforesaid, his heirs and successors, appoint and grant, that the said common council of the said city, for the time being, as often as they make, ordain, and establish such laws, orders, ordinances, and constitutions, as aforesaid, shall or may make, ordain, limit, provide, set, impose, and tax, reasonable fines and amerciaments against and upon all persons offending against such laws, orders, ordinances, and constitutions, as aforesaid, or any of them, to be made, ordained, and established as aforesaid, and the same fines, and amerciaments shall and may require, demand, levy, take, and receive by warrants under the common seal, to and for the use and behoof of the Mayor, Aldermen, and Commonalty of the said city, and their successors, either by distress and sale of the goods and chattels of the offender therein, if such goods and chattels may be found within the said city, liberties, and precincts thereof, rendering to such offender and offenders, the overplus, or by any other lawful ways or means whatsoever. G.

8. And I do, by these presents, appoint and ordain the assigning, naming, and appointment of the Mayor and Sheriff of the said city, that it shall be as followeth, (viz.) upon the feast day of Saint Michael the Arch-angel, yearly, the Lieutenant Governor or Commander-in-Chief, for the time being, by and with the advice of his council, shall nominate and appoint such City officers, how person as he shall think fit to be Mayor of the said to be ap- city, for the year next ensuing; and one other person pointed, & of sufficient ability and estate, and of good capacity in understanding, to be Sheriff of the said city of New

and when

sworn.

G. Note VII.

York, for the year next ensuing; and that such person as shall be named, assigned, and appointed Mayor, and such person as shall be named, assigned, and appointed Sheriff of the said city, as aforesaid, shall, on the fourteenth day of October then next following, take their several and respective corporal oaths, before the governor and council, for the time being, for the due execution of their respective offices, as aforesaid; and that the said Mayor and Sheriff, so to be nominated, assigned, and appointed, as aforesaid, snall remain and continue in their said respective offices, until another fit person shall be nominated, appointed, and sworn, in the place of Mayor; and one other person shall be nominated and appointed in the place of Sheriff of the said city, in manner aforesaid. And further, That according to the now usage and custom of the said city, the Recorder, Town Clerk, and Clerk of the Market of the said city, shall be persons of good capacity and understanding, and such persons as his most sacred majesty aforesaid, his heirs and successors, shall, in the said respective offices of Recorder, Town Clerk, and Clerk of the Market, appoint and commissionate; and for defect of such appointments, and commissionating, by his most sacred majesty aforesaid, his heirs and successors, to be such persons as the Lieutenant Governor and Commander-in-chief of the said province for the time being, shall appoint and commissionate; which persons so commissionated to the said offices of Recorder, Town Clerk, and Clerk of the Market, shall have, hold, and enjoy, the said offices, according to the tenor and effect of their said commissions, and not otherwise. And further, That the Recorder, Town Clerk, Clerk of the Market, Aldermen, Assistants, Chamberlain, High Constable, Petty Constables, and all other officers of the said city, before they, or any of them, shall be admitted to enter upon

mu me he senza 1609, shall be swoUI kattumie ʼn szerte sie wie, before the Magor, or ar tire or wors of the Autemen dhe dhe time being. Bra [ in dese travela. for and to the behalf of us nost saerat majesty' a nevre and so messors, grant and give power and a Jhonny to the Mayor and Reounter of the sand city, for the time being, to Adminis er the same respective catna to them accordingly. A further. I do by these presents, grant. for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, that the Mayor and Recorder of Mayor & the said city for the time being, and three or more of

Recorder,

Aldermen

signs of the

peace.

with are the Aldermen of the said city, not exceeding five, shall or more be justices and keepers of the peace of his most sato hold ses ered majesty, his heirs and successors, and justices to hear and determine matters and causes within the said city and liberties, and precincts thereof; and that they or any three or more of them, whereof the Mayor and Recorder, or one of them, for the time being, to be there, shall and may forever hereafter, have power and authority, by virtue of these presents, to hear and determine all and all manner of petty larcenies, riots, routs, oppressions, extortions, and other trespasses and offences whatsoever, within the said city of New-York, and the liberties and precincts aforesaid, from time to time, arising and happening, and which arise or happen and any ways belonging to the oflices of justices of the peace, and the correction and punishment of the offences atoresaud, and every of them, according to the laws of England, and the laws of the said Province; and to do and execute all other things in the said city, liberties, and precincts aforesaid, so fully and in ample manner, as to the commissioners assigned, and to be assigned for the keeping of the peace in the said county of New York, doth or may belong. H.

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9. And, moreover, I do by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, appoint, that the Aldermen, Assistants, High Constable, and Petty Constables, within Aldermen, Assistants, the said city, be yearly chosen on the feast day of St. and Constables, to Michael the Arch angel, forever, (viz.) one Alderman, be chosen one Assistant, and one Constable, for each respective yearly. ward, and one Constable for each division in the outward, in such public place in the said respective wards, as the Aldermen for the time being, for each ward, shall direct and appoint; and that the Aldermen, Assistants, and Petty Constables, be chosen by majority of voices of the inhabitants of each ward; and that the High Constable be appointed by the Mayor of the said city for the time being; and that the Chamberlain shall be yearly chosen, on the said feast day, in the said City Hall of the said city, by the Mayor and Aldermen and Assistants, or by the Mayor, or three or more of the Aldermen, and three or more of the Assistants of the said city, for the time being. And I do, by these presents, constitute and appoint the said John West, to be the present Town Clerk, Clerk of the Peace, and Clerk of the Court of Pleas, to be holden before the Mayor, Recorder, and Aldermen, within the said city, and the liberties and precincts thereof. And further, I do by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and sucessors, require and strictly charge and command, that the Sheriff, Town Clerk, Clerk of the Peace, High Constable, Petty Constables, and all other subordinate officers in the said city, for the time being, and every of them respectively, jointly and severally, as cause shall require, shall attend upon the said Mayor, Recorder, and Aldermen, of the said city, for the time being, and every or any of them, according to the duty of their respective places, in and about the executing of such the commands, pre

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