USA > New York > Albany County > Albany > Albany bi-centennial. Historical memoirs > Part 34
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19. AND MOREOVER, I do, by these presents, for his Majesty, his heirs and successors, will and appoint that the Aldermen and Assistants, within the said city, be yearly chosen on the feast day of St. Michael the archangel, for ever, (viz.) two Aldermen and two Assistants for each re- spective ward, 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 by the majority of voices of the inhabitants of each ward ; and that the Chamberlain shall be yearly chosen, on the said feast day, in the city-hall of the said city, by the said Mayor, Aldermen and Assist- ants of the said city, or by the Mayor or three or more of the Aldermen, and three or more of the Assistants of said city, for the time being. And I do, by these presents, constitute and appoint Robert Livingston 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 Alder- men within the said city, and the liberties and precincts thereof.
20. AND FURTHER, I do, by these presents, for his said Majesty, his heirs and successors, require and straitly charge and command, that the sheriff, Town Clerk, Clerk of the Peace, High-Constable, Petty-Constable, and all other sub- ordinate officers in the said city, for the time being, and every of them respectively, jointly and severally, as causes
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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 place, in and about the executing of such the commands, precepts, warrants and process of them, and every of them, as belongeth and appertaineth to be done or executed.
21. AND that the aforesaid Mayor, Recorder and Alder- men, and every one of them, as justices of the peace, for the time being, by their or any of their warrants, all and every person or persons, for high treason or petty treason, or for suspicion thereof, and for other felonies whatsoever, and all malefactors and disturbers of the peace, and other offenders for any other misdemeanors, who shall be appre- hended within the said city or libeties thereof, or without the same in any part within the said county, shall and may send and commit, or cause to be sent and committed to the common gaol of the said city, there to remain and be kept in safe custody by the keeper of the said gaol, or his deputy for the time being, until such offender and offenders shall be lawfully delivered thence.
22. AND I do, by these presents, for his said Majesty, his heirs and successors, charge and require the keeper and keepers of the said gaol for the time being, and his and their deputy or deputies, to receive and take into safe cus- tody, to keep all and singular such person and persons so apprehended or to be apprehended, sent and committed unto the said gaol, by warrant of the said justices, or any of them as aforesaid, until he or they so sent and committed to the said gaol, shall from thence be delivered by due course of law.
23. AND FURTHER, I grant and confirm, for his said Majesty, his heirs and successors, that the said Mayor of the said city for the time being, and no other, shall have power and authority to give and grant licenses annually, under the public seal of the said city, to all tavern-keepers, inn-keepers, ordinary keepers, victuallers, and all public sellers of wine, strong waters, cider, beer, or any other sort of liquors by retail within the city aforesaid, or the liberties and precincts thereof, or without the same in any part of the said county, and that it shall and may be lawful to and for the said Mayor of the said city for the time being, to ask, demand and receive for each license by him to be given and granted as aforesaid, such sum or sums of money, as he and the
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person to whom such license may be given or granted shall agree for, not exceeding the sum of thirty shillings, current money of this country for each license; all which money, as by the Mayor shall be so received, shall be used and ap- plied to the public use of the said Mayor, Aldermen and Commonalty of the said city of ALBANY, without any ac- count thereof to be rendered, made or done to his said Majesty, his heirs, successors or assigns, or any of his Lieu- tenants or Governors of the said Province, for the time being, or any of their deputies.
24. AND FURTHER, I do grant for his said Majesty, his heirs and successors, that the said Mayor of the said city for the time being, and no other, be and for ever shall be Clerk of the market within the said city aforesaid, and the liberties and precincts thereof; and that he, and no other shall and may forever do, execute and perform all and singu- lar acts, deeds and things whatsoever, belonging to the office of Clerk of the market within the city aforesaid, and the liberties and precincts thereof, to be done, executed and performed. And that the said Mayor of the said city for the time being, and no other person or persons, shall or may have assize or assay of bread, wine, beer and wood, and other things to the office of Clerk of the market belong- ing or concerning, as well in the presence as in the absence of his said Majesty, his heirs and successors, or his or their Lieutenants or Governors here.
25. ALSO, I will and grant for his said Majesty, his heirs and successors, unto the Mayor, Aldermen and Commonalty of the said city for the time being, and their successors for ever, that the Mayor of the said city aforesaid, for the time being, during the time that he shall remain in the said office of Mayor, and no other, be, or shall be coroner of his said Majesty, his heirs and successors, as well within the city aforesaid, and the liberties and precincts thereof, as without the same, within the limits or bounds of the said county ; and that he and no other, shall do or cause to be done and executed, within the said city, limits and precincts thereof, or without the same, within the limits and bounds of the county, all and singular matters and things to the said office of Coroner belonging, there to be done. And that the said Mayor of the said city for the time being, shall take his corporal oath before the Recorder, or any three or more of the Aldermen of the said city, well and duly to execute the
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said office of Clerk of the market and Coroner of the said city and county, before he take upon him the execution of either of the said offices.
26. AND also, I do, by these presents, grant unto the Mayor, Aldermen and Commonalty of the said city of ALBANY, that if any of the citizens of the said city, or inhabitants within the limits or precincts thereof, that shall, after being elected, nominated, or chosen to the office of Mayor, Aldermen, Assistants, Sheriff, or Chamberlain of the said city as aforesaid, and have notice of his or their elec- tion, shall refuse or deny to take upon him or them to exe- cute that office to which they shall be so chosen or nomi- nated ; that then, and so often as it shall and may be lawful for the Mayor, Recorder, Aldermen, and Assistants of the said city, for the time being, or the Mayor, or any three of the Aldermen, and three or more of the Assistants of the said city, for the time being, to tax, assess, and impose upon such person or persons so refusing or denying, such reason- able or moderate fines or sums of money as to their discre- tion shall be thought most fit, so as the said fine, penalty or sum for refusing or denying to hold and execute the office of Mayor of the said city, do not exceed the sum of twenty pounds, current money of this country; and the fine for refusing or denying to hold and execute the place of an Alderman, do not exceed the sum of ten pounds, like cur- rent money ; and the fine for denying or refusing to hold and execute the place of Chamberlain, Assistant, or Sheriff, the sum of five pounds, like current money.
27. AND I do, by these presents, for his said Majesty, his heirs and successors, authorize the Mayor, Recorder, Alder- men, and Assistants of the said city, for the time being, and the Mayor, and three or more of the Aldermen, and three or more of the Assistants there for the time being, to frus- trate and make void the election of such person or persons so refusing or denying as aforesaid; and then, and in such cases, any other fit and able person and persons, citizen and citizens of the said city, or inhabiting within the liberties and precincts thereof, in convenient times, to elect anew in the manner aforesaid, directed and prescribed to execute such office and offices so denied or refused to be executed as aforesaid; and that if it shall happen that such person or persons so to be elected anew, shall refuse or deny to take upon him or them any of the said office or offices unto which
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he or they shall be chosen and elected as aforesaid; then and in such case, the Mayor, Recorder, Aldermen and Assistants of the said city, for the time being, or the said Mayor, or three or more of the said Aldermen, and three or more of the Assistants of the said city for the time being, shall or may set and impose upon them so denying or refus- ing, such and the like moderate fines as is before set down in like cases to the respective offices, with such limitations as aforesaid ; and also in such and the like manner as afore- said, to continue and make void such election and elections, and make new elections as often as need shall be and require ; all which said fines so set and imposed, I do by these presents, for and on behalf of his said Majesty, his heirs, successors, and assigns, grant to be, and shall be and remain, and belong unto, and shall be put into the possession and seizen of the Mayor, Aldermen and Commonalty for the time being, and their successors, to be levied and taken by warrant under the common seal, and by distress and sale of the goods and chattels of the several persons so refusing or denying as aforesaid, if such goods and chattels may be found within the said city, liberties and precincts thereof, rendering to the parties the overplus, or by any other ways or lawful means whatsoever, to the only use of the said Mayor, Aldermen, and Commonalty of the city of ALBANY, and their successors, without any account to be rendered, made or done to the said King's Majesty, his heirs, successors, or assigns for the same.
28. AND KNOW YE, that for the better government of the said city, and for the welfare of the citizens, tradesmen, and inhabitants thereof, I do, by these presents, for his said Majesty, his heirs and successors, give and grant to the said Mayor, Aldermen, and Commonalty of the said city, and their successors, that the Mayor, Recorder, and Aldermen, or the Mayor or any three or more of the Aldermen for the time being, shall from time to time, and at all times here- after, have full power and authority, under the common seal, to make free citizens of the city and liberties thereof; and no person or persons whatsoever, other than such free citi- zens, shall hereafter use any art, trade, mystery, or manual occupation within the said city, liberties and precincts thereof, saving in the times of fairs there to be kept, and during the continuance of such fairs only. And in case any person or persons whatsoever, not being free citizens, shall
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hereafter use or exercise any art, trade, mystery, or manual occupation, or shall by himself, themselves, or others, sell or expose to sale any manner of merchandise or wares what- soever by retail, in any house, shop or place, or standing within the said city, or the liberties or precincts thereof, no fair being then kept in the said city, and shall persist therein after warning to him or them given or left, by the appointment of the Mayor of said city, for the time being, at the place or places where such person or persons shall so use and exercise any art, trade, mystery, or manual occupa- tion, or shall sell or expose to sale any wares or merchandise as aforesaid by retail ; then it shall be lawful for the Mayor of the said city, for the time being, to cause such shop win- dows to be shut, and also to impose such reasonable fine for such offence, not exceeding twenty shillings for every res- pective offence ; and the same fines so imposed, to levy and take, by warrant, under the common seal of the said city, for the time being, by distress and sale of the goods and chattels of the person or persons so offending in the premises, found within the liberties and precincts of the said city, rendering to the parties the overplus, or by any other lawful ways or means whatsoever, to the only use of the said Mayor, Aldermen, and Commonalty of the said city of ALBANY, and their successors, without any account to be rendered, made, or done to his Majesty, his heirs and suc- cessors, or to his or their Lieutenants, Governors, or Com- manders-in-Chief for the same. PROVIDED ALWAYS, That no person or persons shall be made free as aforesaid, but such as are his Majesty's natural born subjects, or such as shall be first naturalized by act of the General Assembly, or have obtained letters of denization, under the hand of the Lieutenant or Governor, or Commander-in-Chief for the time being, and the seal of the said Province; and that all persons to be made free as aforesaid, shall and do pay for the public use of the said Mayor, Aldermen, and Com- monalty of the said city, such sums of money as such person or persons so to be made free, shall respectively agree for, not exceeding the sum of three pounds twelve shillings for the admission of each merchant or trader ; and the sum of six and thirty shillings for the admission of each handicraft or tradesman.
29. AND WHEREAS, amongst the other rights, privileges, preheminences, and advantages which the citizens and free-
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men of the said city of ALBANY, and their predecessors, have for many years last past held, used and enjoyed the privileges, preheminences, and advantages of having within their own walls the sole management of the trade with all the Indians living within and to the eastward, northward and westward of the said county of ALBANY, within the compass of his said Majesty's dominion here, which hath been from time to time confirmed to them, and their said predecessors, as well by prescription as by divers and sundry grants, orders, confirmations, and proclamations, granted, ordered, confirmed, and issued forth, not only by and from divers Governors and Commanders-in-Chief in the said Province, since the same hath been under his said Majesty's dominion, but also of several Governors, Generals, and Commanders-in-Chief of the Nether Dutch Nation, whilst the same was or has been under their power and subjection, which has always been found by experience to be of great advantage, not only to the said city in particular, but to the whole Province in general ; and that by the care, caution and inspection of the magistrates of the said city, to the well and orderly management and keeping the trade with the Indians within their walls, it hath returned vastly to the advancement of trade and the increase of his Majesty's revenue, and been the sole means, not only of preserving this Province in peace and quiet, whilst the neighboring colonies were imbrued in blood and war, but also of putting an end to the miseries those colonies labored under from the insulting cruelty of the Northern Indians. Whereas, on the other hand, it has been no less evident, that whenever there has been any slackness or remissness in the regulation and keeping the Indian trade within the walls of the said city, occasioned by the encroachment of some persons trading with the Indians in places remote, some clandestinely, others upon pretence of hunting passes, and the like, the trade not only of the said city, but the whole Province, has apparently decreased, the King's revenue has been much impaired, and not only so, but this government has lost much of the repu- tation and management amongst the Indians, which it otherwise had and enjoyed ; wherefore, for and on behalf of his said Majesty, his heirs and successors, I have given, granted, ratified, and confirmed, and by these presents do give, grant, ratify and confirm unto the Mayor, Aldermen, and Commonalty of the said city of ALBANY, and their
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successors forever, the right, privilege, preheminence, and advantage of the sole and only management of the trade with the Indians, as well within this whole country, as without the same, to the eastward, northward, and westward thereof, so far as his Majesty's dominion here does or may extend, to be managed and transacted only by the freemen, being actual inhabitants within the said city, and within the now walks and stockades thereof, and not elsewhere. And I do hereby, for his said Majesty, his heirs and successors, absolutely forbid and prohibit all and every the inhabitants of the said Province of New-York, (the inhabitants of the said city of ALBANY only excepted,) to trade or traffic with any of the five nations of Indians, called the Senekas, Cayonges, Onondages, Oneydes, and Maqueas, who live to the westward, or with any other Indian or Indians what- soever, within the county of ALBANY, or to the eastward, northward, or westward thereof, so far as his said Majesty's dominions here do or may extend, or to have or keep in their houses or elsewhere, any Indian goods or merchandize, upon the pain and penalty of the forfeiture and confiscation of such Indian commodities, whether the same be beavers, peltry, or other Indian commodities whatsoever, except Indian corn, venison, and dressed deer skins, to trade for, and upon pain and penalty of the forfeiture and confiscation of all such Indian goods and merchandize, as guns, powder, lead, duffels, rum, and all other Indian goods and merchan- dize, which shall at any time hereafter be found, concealed, or kept in any house or place without the walls of the said city, and within the said county of ALBANY, and the other limits and boundaries hereinbefore set forth and prescribed ; and in case any person or persons whatsoever shall at any time hereafter, out of the walls of the said city, and within the said county, or the other limits and boundaries hereinbefore set forth and prescribed, trade or traffic with any Indian or Indians, for any beavers, peltry, or other Indian commodi- ties, (except as before excepted,) or there shall conceal or keep any Indian goods, wares, or merchandize in any house or place as aforesaid, then it shall and may be lawful for the Mayor, Recorder, or any of the Aldermen for the time being, by warrant, under their or any of their hands, to cause such Indian commodities so traded for, and such goods and merchandize so kept and concealed without the walls of the said city, wheresoever they shall be found within the said city
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and county, as without the same within the limits and bound- aries before expressed, to be seized, and the same to be con- demned and confiscated, in the court of pleas or common pleas in the said city, or any other court of record within the said city or Province, one-third part to the Mayor of the city for the time being, one-third part to such person or per- sons as shall inform or sue for the same, and the other third part to the use of the Mayor, Aldermen, and Commonalty of the said city of ALBANY, and their successors forever. And also, that it shall and may be lawful to and for the Mayor, Recorder and Aldermen of the said city for the time being, by a warrant under their or any of their hands or seals, to cause such person or persons, as shall presume to trade or traffic with the Indians, contrary to the form and effect of these presents, to be apprehended wherever they shall be found, within the limits and boundaries hereinbefore pre- scribed, to answer the same at the court of pleas and com- mon pleas in the said city, or any other court of record within the said city or Province, where being legally con- victed thereof, such person or persons, over and besides the forfeiture and confiscation of such goods, merchandize and commodities as aforesaid, shall be fineable, and fined in such sum or sums of money, (not exceeding twenty pounds cur- rent money of this country,) as at the discretion of such court, before whom he or they shall be prosecuted, shall be thought reasonable and convenient ; which said fines shall be one- third part to the person who shall inform and prosecute for the same, and the other two-thirds to the use of the Mayor, Aldermen and Commonalty, and their successors forever.
30. AND FURTHER, I do, by these presents, for and on behalf of his said Majesty, his heirs and successors, grant and declare to the said Mayor, Aldermen and Commonalty of ALBANY, and their successors, that his Majesty, his heirs and successors, nor any of his or their Governors, Lieutenants, Commanders-in-Chief or other officers, shall not or will not from henceferth forever hereafter, grant unto any person or persons whatsoever, any license or licenses to hunt within the said county of ALBANY, or to the eastward, northward or westward, so far as his said Majesty's dominion here doth or may extend, without the consent and approbation of the Mayor, Aldermen and Commonalty of the said city of ALBANY, for the time being, by the said person or persons first to be had and obtained.
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31. AND FURTHER, I do, by these presents, for his said Majesty, and his successors, grant to the said Mayor, Alder- men and Commonalty of the said city, that they and their successors be forever, persons able and capable, and shall have power to purchase, have, take and possess in fee simple, lands, tenements, rents and other possessions, within or with- out the same city, to them and their successors forever, so as the same exceed not the yearly value of one thousand pounds per annum, the statute of mortmain, or any other law to the contrary notwithstanding; and the same lands, tenements, hereditaments and premises, or any part thereof to demise, grant, lease, set over, assign and dispose at their own will and pleasure, and to make, seal and accomplish any deed or deeds, lease or leases, evidences or writings for or concerning the same or any part thereof, which shall happen to be made and granted by the said Mayor, Aldermen and Commonalty of the said city for the time being
32. AND FURTHER, for and on behalf of his said Majesty, his heirs and successors, I do, by these presents, grant to the said Mayor, Aldermen and Commonalty, that they and their successors shall and may forever hereafter, hold and keep within the said city, in every week in the year, two market days, the one upon Wednesday, and the other upon Satur- day, weekly forever.
33. AND ALSO, I do by these presents, for and on behalf of his said Majesty, his heirs and successors, grant to the said Mayor, Aldermen and Commonalty of the said city, that they and their successors and assigns shall and may at any or all times hereafter, build a public weigh-house in such part of the said city, as to them shall seem convenient; and that they the said Mayor, Aldermen and Commonalty shall and may receive, perceive, and take to their own proper use and behoof all and singular the issues and profits there- from or thereby arising or accruing ; as also, that the said Mayor, Aldermen and Commonalty of the said city of ALBANY, their heirs and successors, shall and may at any time or times hereafter, when it to them shall seem fit and convenient, to take in, fill and make up, and lay out all and singular the grounds and lands within the limits and precincts of the said city, and the same to build upon and make use of in other manner or way as to them shall seem fit, as far into the river that passeth by the same as low water mark as aforesaid.
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34. AND FURTHER, for and on behalf of his said Majesty, his heirs and successors, I do, by these presents, give and grant unto the aforesaid Mayor, Aldermen and Commonalty of the said city of ALBANY, and their successors, that they and their successors shall and may have, hold and keep within the said city, liberties and precincts thereof, once every fortnight in every year forever, upon Tuesday, one court of common pleas for all actions of debt, trespass upon the case, detinue, ejectment, and other personal actions, and the same to be held, before the Mayor, Recorder and Alder- men, or any three of them, (whereof the Mayor or Recorder to be one,) who shall have power to hear and determine the same pleas and actions, according to the rules of the common law, acts of the General Assembly of the said Province, and the course of other corporations in the like nature.
35. AND FURTHER, for and on the behalf of his said Majesty, his heirs and successors, I do, by these presents, give and grant to the said Mayor, Aldermen and Common- alty of the said city of ALBANY, their successors forever, that the Mayor of the said city for the time being, shall and may determine all and all manner of actions, or causes whatsoever, to be had, moved or depending between party and party, so always as the same exceed not the value of forty shillings, current money of this Province.
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