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turli all the writs and process of the said court directed to them respectively in the same manner as the sheriffs and other officers of any court of record in this state.

XXIV. And be it further enacted, That every citizen What Mall of this state or any of the United States, who shall inhabit fun within the limits of the said city, and shall have resided privileges of

a freeman. therein for the space of four months successively, and continue to reside therein, and shall have paid any taxes in ^ the said city, and not be disqualified by law, shall be en

prunding the titled to all the rights and privileges of a freeman of the Day Thien said city.

XXV. And be it further enacted, that this act shall be This act dedeemed a public act, and be construed in all courts and in

clared a pub places benignly and favourably for every beneficial purpose therein intended.

lic one.

City of Schenectady.

TWENTY-FOURTH SESSION. Chap. CXXXVII. . An ACT relative to the City of Schenectady.

Passed 4th April, 1801. 1. D E it enacted by the People of the State of New-York, Bondds of

D represented in Senate and Assembly, That all that city of Sche. district of country contained within the following limits,

nectady. to wit : Beginning on the north bank of the Mohawk-river about four miles below the late village of Schenectady opposite the mouth of a smaly creek called Laughter's killitie where the east bounds of Schenectady patent comes to the said river, thence along the northerly, northeasterly, horthwesterly, westerly, southerly and southeasterly bounds thereof to the north bounds of the manor of Rensselaerwyck, thence along the same easterly to the said easterly bounds of Schenectady, thence along the same northerly to the said Mohawk-river and then with a straight line to the place of beginning, shall continue to be a city by the name of Schenectady ; and that all the freemen of inhabitants a this state, from time to time being inhabitants thereof, body corpo shall be a body corporate by the name of the mayor, al- of the carpe. dermen and commonalty of the city of Schenectady, and"

à ratica. by that name they and their successors shall be known in law, and be capable of suing' and being sued, and of defending in all courts of law and equity, and in all actions and matters whatsoever, and may have a common seal and Their rights alter the same at their pleasure, and shall be absolutely and powefon: and completely vested with all the estate and interest of and in the common Jands, fenements and hereditaments of the said city, not heretofore disposed of, and of all man

wards and the

cers herein named.

34 hypoest eh|

ner of debts whigh now are or hereafter may be due and unpaid, and are made payable to any former trustees of the late township of Schenectady in the capacity of trus tees thereof; Provided however, That nothing herein contained shall be construed to affect any suits which now are depending or which may hereafter become necessary for any purchaser to commence in the name of any former trustees of the late township of Schenectady, to try the title to or recover the possession of any land situated with: in the patent aforesaid, but the same may be prosecuted in

the same manner as if this act had not been passed. Hamber of II. And be it further enacted, That the said city shall be officers to be divided into four wards, and the inhabitants of each ward chosen in each shall have power to elect two aldermen and two assistants,

together with all such officers/as are by this act provided to be chosen, except the treasurer and clerk of the said city, which said election of aldermen and assistants and other officers shall be annually held in each of the said wards on the first Tuesday in April.

Pe The city to III. And be it further enacted, That there shall be in have a mayor and other of and for the said city one mayor, who shall have the same

power to take the acknowledgment and proof of deeds

and other writings relating to lands situate within the said 1225 .city as a judge of the court of common pleas in and for

the county of Albany, eight aldermen, eight assistants, one clerk, one treasurer, one supervisor, and as many assessors, collectors, constables, commissioners of highways, overseers of the poor, pound-masters and fence-viewers, as the common council herein after constituted and appointed shall from time to time direct to be chosen, which supervisor, assessors, collectors, constables and other officers, so directed to be chosen, shall be chosen in the manner and at the time and place herein directed for the an.

nual election of officers within the said city. Mayor how .IV. And be it further enacted, That it shall be the duty appointed and duration of

of the person administeriög the government of this state Nis office. by and with the advice anti consent of the council of ap

pointment, at such time as said council shall be assembled, to nominate and appoint, sout of the citizens and inhabitants of sand city of Schenectady, one fit and discreet person to be mayor of said city, which said mayor shall continue in his said office for the term of one year · from such appointment, and until some other person be

appointed and sworn in his stead.

: V. And be it further exacted, That on the first Tuesday Aldermen, afSfants and of April in every year the inhabitants of the said city shall other officers how & when assemble in their respective wards, at such time of the

day and at such public places as the common council shall for that purpose at their meeting next previous to such election have appointed, and then and there by plurality of votes choose out of the inhabitants of said city residing

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page 319.

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in their respective wards, for the ensuing year, two aldermen, two assistants, and such a number of fassessors, collectors, constables, pound-masters, commissioners of highways, fence-viewers, and such other proper and necessary officers as the common council of the said city shall from time to time deem necessary and direct to be chosen. .

VI. And be it further enacted, That all the inhabitants Qualifications of said city qualified by the existing laws of this state to of the electa yote at town meetings, shall be entitled to vote for aldermen and assistants and all other officers at such time and place as is herein before directed. VII. And be it further enacted, That every person to of the alder.

men and af be chosen alderman or assistant of the said city by virtue fiftants. of this act shall be a freeholder within this state, or have hired a tenement of the yearly value of thirty dollars, and actually paid taxes in said city, and resided within said city at least one year before such election, and resident within their respective wards, and the votes given for said aldermen and assistants shall be by ballot; and at least eight Elections days before the day of election annually to be holden by ed. virtue of this act, the common council of said city shall appoint in each ward three persons, who shall preside as inspectors of said election, and skich persons so appointed shall preside and canvass the ballots of such election, and declare the several officers who may have been chosen, and shall have power to decide on the qualification of electors, and shall provide and keep poll books wherein shall be entered the names of the persons who voted at such election.

VIII. And be it further enacted, That each inspector Inspectors to before he enters upon the execution of the duties of his take anoat office, shall take and subscribe an oath faithfully to per. form and execute the duty of an inspector according to the best of his knowledge and abilities, which oath shall be administered by any justice of the peace residing in the said city.

IX. And be it further enacted, That the mayor, alder- Condmon men and assistants of the shid city shall be called the com- confcilof faid! mon council of the city of Schenectady, who, or the major part of whom, whereof the mayor always to be one, shall have power and authority to pass such bye-laws and establish such wholesome regulations as by them from time to time shall be though expedient the better to manage and secure their comhion property, and also power and authority to take bonds and sureties to be given by constaLes or any other officers of said city for the faithful dis- 34 charge of the duties of their office, and also relative to the overseeing of the poor within said city s Provided, That such bye-laws be not contrary to or inconsistent with the constitution or laws of this state.




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Supervisor X. And be it further enacted, That on the first Tuesday

in April ih every year, the inhabitants of the respective wards in said city qualified as herein before mentioned, when assembled for the purpose of electing the officers herein before mentioned, shall by ballot chuse one supervisor for said çity for the year then ensuing, which said ballots shall by the inspectors of said election in the respective wards be sealed up and by them' respectively

delivered to the clerk of said city, who shall at the then fufp 34

next meeting of the common council of said city deliver His election

the said ballots to the mayor, and the said common counW.225.

tained and cil shall then and the proceed to canvass and examine aud duties. the said ballots, and the person who upon such canvass

is found to have the greatest number of ballots shall by said commor council bt then and there declared to be supervisor, ang such supervisor shall be vested with the same powers and duties as the respective supervisors of the city of Albany are by law Wested with ; Provided, That no such canvass or determinalion by said council shall be valid, unless at such meeting there be present at least two-thixds of all the members domposing the common

coundl of said city. : Treasurermowe XI. And be it further endcted, That on the first Tuesday appointed. of May in every year thg common council of said city

shall nominate and appoint one fit person, being a freeholder and inhabitant of said city, to be treasurer of said

city, and one other fit person to be clerk for the year then Treasurer to next ensuing ; and the said treasurer before he shall en

give fond. T i netics, ter on the execution of Ile duties of his office shall give

bond with two sureties to be approved of by said common council in the sum of file thousand dollars, conditioned

for the due execution of the duties of his said office and Eler to take a faithful discharge of th trust reposed in him ; and the

said clerk before he enter on the exercise of the duties of his said office, shall take oath faithfully to perform, and truly to discharge the duties of his said office to the best of his knowledge anflability, without fraud, favour or

partiality. His duty.

XII. And be it further enacted, That it shall be the duty of the clerk to provide and keep a book or books wherein shall be entered all the proceedings of the said common council from time to time, which books and proceedings shall be open at all proper times for the inspection of any

of the inhabitants of the said city. Meetings of XIII. And be it further enacted, That the said common

mon council shall meet on the first Tuesday in May in every their mode of year, and oftener if necessary, at which meetings every lative to transaction relating to the common lands and property merty shall be determined by a plurality of votes of the mem

bers present, and no sale, lease, gift or disposition whatever of such common property shall be valid unless two

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thirds of the whole number of aldermen and assistants of
said city shall give their assent to the same, and to consti-
tule a legal meeting for any other purpose there shall be he
present at least two-thirds of all the members composing
the common council of said city, and in cases of emergency
it shall be lawful for the mayor of the said city to call a
meeting at other times than herein before provided.

XIV. And, be it further enacted, That the mayor and Mayor and each of the common council of the safd city shall severala membe

the council to ly, before they enter on the dischargefof the duties of their take an oath. respective offices, take and subscribe the following oath or affirmation :

"I A B, do solemnly swear (or, afirm, as the case may. Form be) that I will well, faithfully and fruly execute the office of to which I am elected, (or, appointed) to the best of my ability, without fraud, favour or partiality."

XV. And be it further enacted, that in case of the ab- In the absence, sence, death, sickness or removal from office of the mayo devol. this or, it shall be lawful for one of the aldermen of said city, place how to

be supplied. to be nominated and appointed by the aldermen and assistants of said city in a meeting of said aldermen and assistants for that purpose to be convened, which meeting shall be summoned by writing under hand and seal of any two aldermen thereof, to execute all the duties to the office of: said mayor appertaining, during the absence, sickness or removal from office of said mayor, or until a successor be duly appointed and sworn, except the taking of proofs. and acknowledgments of con el ances. as herein before mentioned.

XVI. And be it further enachd, That if any of the in- penalty for a habitants of said city shall hereffter be chosen to the of

left to serve fice of alderman, assistant, supervisor, assessor, collector, in certain of

fides. constable, commissioner of highways, pound-master or fence-viewer of said city, and having notice of his said election shall refuse or neglect to take upon him the exe-. cution of his office, it shall then be lawful for the common council of said city to in pose upon every such pere: son such reasonable fine as the said common council shall think fit, unless such person shall render to such common council a reasonable and satisfactory excuse before such order shall be made in the premises ; Provided always, That no such fine for such refusál or neglect shall exceed: the sum of twelve dollars ; dll jhich said fines shall be 'Houd recober. levied by distress and sale þf the goods and chattels pr. ed & applied, such delinquent, by warrant under the seal of the said cittav directed to one of the constables thereof and signed by the mayor,. rendering the surplus, if any there be, to the owner thereof, the necessary and legal charges of making and selling such distress being first deducted; which fines when collected shall be receiyedl by the common council for the benefit of said city.

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