been sent to any poor-house, to serve as clerk, apprentice, or servant, to any profession, trade, or employment. (R. S. vol. 2, 154, 155, sec. 1, 6.) And if any child so bound out shall refuse to serve, the master, provided he has not received, and is not entitled to receive any money as a compensation for instruction, may apply to the Mayor, Recorder, or any Alderman, who is authorized by warrant or otherwise, to send for the person so refusing, and if the refusal be persisted in, to commit, by warrant, such person to the bridewell, house of correction, or common gaol of the city, there to remain until such person will consent to serve according to law. (Ibid, p. 159, sec. 29, 33.) So on complaint on oath by any such master, touching any misdemeanor or ill behaviour of such person, to the Mayor, Recorder, and Aldermen, or to any two of them, it is made their duty to cause the person complained of to be brought before them, and to hear, examine, and determine the complaint. And if it be well founded, to commit, by warrant, the offender to the house of correction, or the common jail of the city, for any term not exceeding one month, there to be employed in hard labor, and to be confined in a room with no other person; or they may, by certificate under their hands, discharge the offender from his service, and the master from all obligation to such offender. (Ibid .sec. 30, 31.) And if any master be guilty of any cruelty, misusage, refusal of necessary provisions or clothing, or any other violation of the terms of the indenture or contract, or of the provisions of the statute, towards any person so bound to service, the latter may make complaint to the Mayor, Recorder, and Aldermen, or to any two of them, who shall summon the parties before them, and examine into, hear and determine the complaint, and by certificate under their hands, discharge such person from his service. (Ibid, sec. 32.)

Coroner.

Where money was paid or agreed to be paid on such binding out, the person so bound to service, may make the like complaint of misbehaviour to the Mayor, Re-. corder or any Alderman, who are to proceed in the same manner and inquire into the matter, and make such order in the case as equity may require. And if the difficulty cannot be reconciled, to take a recognizance from the master, with such sureties as shall be approved of, to appear at the next general sessions of the peace. (Ibid, sec. 34, 35.) The master may also where any money was paid or agreed to be paid on such binding out, make the like complaint of misbehaviour of the person bound to service, and the magistrate shall proceed to inquire into the same, and may take a recognizance from the person bound to serve, for his appearance at the next general sessions. (Ibid, sec. 37.)

(13.) In case of the absence of the Coroner or his inability to attend, any Alderman or Special Justice may perform the duties appertaining to the office of Coroner, during such absence or inability. (R. S. Vol. 2, 743, sec. 9.)

But I need not enlarge on these duties, for the special justices are expressly vested with the powers which may be exercised out of the sessions by the Aldermen, not only in relation to cases of bastardy, and vagrants, and vagabonds, but in cases respecting apprentices and servants. (Act of April 9th, 1813, Ch. 86, sec. 41, 42.) And these magistrates in their police office afford the most convenient and suitable place to resort to, for redress in these matters.

I have now finished all that I have thought it requisite to state concerning the various powers and duties that may devolve upon the Aldermen in their character of justices of the peace. In all the cases mentioned,except as to that relating to fires, it would seem that the Special Justices have concurrent jurisdiction; and I consider that the most appropriate department of the city magis

tracy for all such business, is the police office of the special justices. They are salary officers, and are specially instituted to enforce the due observance and execution of all the ordinances and regulations of the city, and to take the incipient steps upon all the laws of the state for the preservation of the peace, and the suppression of crimes and all sorts of misdemeanors and disorders. They are organized tribunals, with Clerks, Marshals and Constables to attend them, and they can consequently perform the multifarious and vexatious duties of a justice of the peace, with facility, promptitude and despatch. It is their particular vocation. They are justices of the peace, in the most enlarged and active sense. (Act of April 9th, 1813, ch. 86, sec. 22 to 43.) The Aldermen have many other and greater duties to perform, and they ought to be and were intended to be, left in a great measure free, to bestow their time and attention to the more general and complex duties arising out of the legislation, care and government of the city. The establishment of the police department under the special justices, was a necessary and wise measure, considering the influx of all kinds of population to this city and commercial seaport. If the duty had remained where the charter had left it, in the hands of the Aldermen, it would have become so burdensome as to be absolutely intolerable; and we should have found in the end, that few, if any, persons of the requisite intellectual, moral and educated qualifications would have been willing to assume the trust. And when we come to consider the actual wants of great numbers, and the incessant temptations to heedless, and lawless pursuits, to pilfering, to intemperance, to disorders of all sorts, in such a dense population as exists in this city, and who are always, more or less under excitement, and the impulse of the collisions and the storms of the passions, we cannot but be deeply im

Police

Office.

pressed via de impocence to mr jence and safety, of tra. It is they of the corpo

The me u fou Mizens. to the best encourageHem and support to the special justices of the police apartment, and to their active and faithful subordinate

Juicers.

Special Sessions.

General Sessions.

[2]-As Judicial Magistrates.

The Aldermen are judges of the courts of special sessions of the peace. They cannot hold any such court without the presence of the Mayor or Recorder, or first judge of the court of Common Pleas, and then any one of them with two of those higher magistrates, or any two of them with one of those magistrates, may hold the courts. (R. S. Vol. 2. 223.)

This duty is not thrown upon the Aldermen promiscuously, but the Common Council are to designate from time to time, the Aldermen who are to assist in such courts. (R. S. Vol. 2, 715, sec. 24.

The Aldermen are also judges of the court of general sessions of the peace. They may be associated with the Mayor or Recorder, or the first judge, or the associate judge of the court of Common Pleas; and any two of them in connection with either of the above officers, or any one of them with any two of the above officers, may hold the court. Those courts are usually held by the Recorder and two Aldermen, and it is made the duty of two of the Aldermen to attend the court, when notified or required for the purpose, by the Mayor or Recorder. (R. S. Vol. 2. p. 216, 217, sec. 27, 30.)

The Aldermen are also judges of the courts of Oyer and Terminer and gaol delivery, in and for the city and county of New-York. They must be associated with one of the justices of the Supreme Court, or with one of the circuit judges, or with the first judge of the court

Terminer.

of common pleas, and then any two of them with one Oyer and of those judges, or any one of them with any such judge together with the Mayor or Recorder, may hold the court. (R. S. Vol. 2. 204, sec. 28.) There is no special provision that I am aware of, designating the Aldermen who are bound to attend. That must be settled by an agreement among themselves, or with the concurrence of the Mayor or Recorder, or a designation by the Common Council.

Courts of

Pleas.

The Aldermen are also judges of the Courts of Common Pleas, in and for the city. But as either the first Common or the associate Judge, or the Mayor, or Recorder, may alone hold that court, it is not usual, nor necessary, nor understood to be the duty of any of the Aldermen, to attend that court, as used to be the case before the year 1797, under the charter. It is the special duty of the first Judge, and of the associate Judge, to hold the court, and it must be an extraordinary occasion that would recall the ancient duty of any of the Aldermen to attend the court as judges. (See Supra. p. 84, note 41. S. S.) Any Alderman may also waive his right to act as a judge of the Court of Common Pleas, while Alderman, and act as attorney or counsel therein, on filing, within ten days after he has taken the oath of office as Alderman, a declaration of such waiver. (Act February 23d, 1832, ch. 24.)

[3] As Charged with Executive Duties.

It would be difficult to specify every particular act and deed, which an Alderman may be called upon officially to perform. I have endeavored to mention all the material duties which belong to the office.

(1.) The Aldermen together with the Mayor and Recorder are supervisors of the city and county. (R. S. vol. 1. 368, sec. 17.) This is a very important sors.

Supervi