USA > New York > Erie County > Buffalo > Directory for the City of Buffalo: Containing the Names and Residence of the 1801-1832 > Part 2
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§ 13. If the ballots shall be found to exceed in number the whole number of votes on the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many ballots unopened as shall be equal to such excess. The ballots and poll lists being found or made to agree, the inspectors holding such election shall then proceed to canvass and estimate the votes. 2*
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§ 14. The canvass being completed, a statement of the result shall be drawn up in writing by the inspectors, which they shall certify to be correct, and subscribe with their names, and file the same with the clerk of said city, on the same or next day after the canvass is completed. The inspectors of each ward shall severally determine and certify who are by the greatest number of votes elected aldermen and assessors of their respective wards.
§ 15. No person entitled to vote at any election held under this act, shall be arrested on civil process within said city, on the day on which said election is held.
§ 16. The trustees of the village of Buffalo, for the time being, shall appoint the inspectors of the first election to be held under this act. Such elec- tion shall be held and conducted, and the votes given thereat canvassed, by said inspectors, and the result determined in the manner herein before pro- vided. The said Trustees shall also appoint the time and place of holding such first election, which time shall be some day after the passage of this act, and before the first day of June next.
§ 17. Vacancies in the office of aldermen occur- ing in any manner, may be filled at a special elec- tion, called and appointed by the common council, and conducted in the same manner as an annual election. Vacancies in all other offices shall be filled by appointment by the common council. All appointments to fill a vacancy in an elective office under this act, and all appointments of mayor, clerk, treasurer, attorney for the city, police consta- bles, collectors, street commissioners, shall be by warrant under the corporate seal, signed by the
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mayor, or presiding officer of the common council and clerk. In case of a failure to elect aldermen at an annual election, or if from any cause there shall be no aldermen, the clerk shall appoint the time and places for holding a special election, and appoint the inspectors. All officers appointed or elected to any office, under or by virtue of this act, shall be appointed or elected annually, and except to fill a vacancy, shall hold their respective offices for one year, and until others are chosen, and have taken the oath of office.
§ 18. The common council shall appoint as many police constables as they shall think proper, not exceeding one in each ward; who shall not have power to serve any civil process out of the limits of said city (except in cases of persons flee- ing from said city,) and to commit on execution where the Defendant shall have been arrested within said city.
§ 19. The mayor and aldermen of said city shall constitute the common council of said city. The common council shall meet at such places and times, as they shall by resolution direct, or as the mayor, or in his absence any two of the aldermen shall appoint. The mayor, when present, shall preside at all meetings of the common council, and shall have only a casting vote. In his absence, any one of the aldermen may be appointed to pre- side. A majority of the persons elected as alder- men, shall constitute a quorum.
§ 20. The common council shall meet annually after the year eighteen hundred and thirty two, on the second Tuesday of March in each year, (and in the year eighteen hundred and thirty-two, on the
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day following the election,) and by ballot appoint a mayor, clerk, treasurer, attorney for the city, street commissioner, police constables, clerk of the market, one or more collectors, one or more pound masters,porters, carriers,cartmen, packers, beadles, bellmen, sextons, common criers, scavengers, mea- surers, surveyors, weighers, sealers of weights and measures, and gaugers. If for any cause the offi- cers above named are not appointed on said second Tuesday of March or the day after the election in the year eighteen hundred and thirty-two, the com- mon council may adjourn from day to day, until such appointments are made, and no alderman shall be appointed to the office of mayor.
§ 21. If any inhabitant of said city, elected or appointed to any office in pursuance of this act, shall refuse or neglect to accept such office, and take and subscribe the oath of office, prescribed in the sixth article of the constitution, for five days after personal notice in writing from the clerk, of his election, he shall forfeit the sum of ten dollars.
§ 22. Every person chosen or appointed, to any executive, judicial or administrative office under this act, shall, before he enters on the duties of his office, take and subscribe, before some Justice of the Peace, or commissioner of deeds, the oath of office prescribed in the sixth article of the constitution of this state, and file the same duly certified by the officer before whom it was taken, with the clerk of the city.
§ 23. The treasurer, street commissioner, and collector or collectors of said city, shall severally before they enter on the duties of their respective offices, execute a bond to the city of Buffalo, in
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such sum, and with such sureties as the common council shall approve, conditioned that they shall faithfully execute the duties of their respective of- fices, and account for and pay over all moneys re- ceived by them respectively; which bonds, with the approval of the common council thereon certified by the clerk, shall be filed with the clerk of the city.
§ 24. Every person appointed to the office of con- stable in said city, shall, before he enters on the duties of his office, with two or more sureties, to be approved by the common council, execute in the presence of the clerk of the city, an instrument in writing, by which such constable and sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, by reason, or on account of any execution or distress warrant which shall be delivered to him for collection. The clerk of the city shall certify the approval of the common council on such instru- ment, and file the same; and a copy of such instru- ment, certified by the clerk, under the corporate seal, shall be presumptive evidence in all courts, of the execution thereof by such constable and his sureties. All actions on any such instrument, shall be prosecuted within two years after the ex- piration of the year for which the constable named therein shall have been elected, or appointed, and may be brought in the name of the person or per- sons entitled to the money to be collected by virtue of such instruments.
§ 25. The treasurer shall receive all moneys be- longing to the city, and keep an accurate account
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of all receipts and expenditures, in such a manner as the common council shall direct. All moneys shall be drawn from the treasury, in pursuance of an order of the common council, by warrants signed by the mayor or presiding officer of the council, and countersigned by the clerk. Such warrants shall specify for what purpose the amount specified there- in is to be paid; and the clerk shall keep an accu- rate account of all orders drawn on the treasury, in a book to be provided for that purpose. The treasu- rer shall exhibit to the common council, at least fifteen days before the annual election in each year, a full account of all receipts andexpenditures, after the date of his last annual report, and also of the state of the treasury; which account shall be filed in the office of the clerk.
§ 26. It shall be the duty of the common council, at least ten days before the annual election held under this act, in each year, to cause to be published in two or more of the public newspapers in said city, a full and correct statement in detail of the receipts and expenditures by the said common council for the contingent expenses of said city, from the date of the last annual report published in pursuance of this section, to the date of their said reports, and also a distinct statement of the whole amount of money assessed, received and expended, for making and repairing roads, highways and bridges in said city for the same period; together with such other information, in their power to furnish, as may be necessary to a full understanding of the financial concerns of said city.
§ 27. The clerk shall keep the corporate seal, and all the papers belonging to said city, and make
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a record of the proceedings of the common council, at whose meetings it shall be his duty to attend; and copies of all papers duly filed in his office, and transcripts from the records of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all courts in like manner as if the original were produced.
§ 28. It shall be the duty of the street commis- sioner to superintend the making of all public im- provements ordered by the common council, and to make contracts for the work and materials which may be necessary for the same; and he shall be the executive officer to carry into effect the ordinances of the common council, under the 39th, 41st, 42d, 47th, and 49th sections of this act, and shall keep accurate accounts of all moneys expended by him, in the performance of any work, together with the cause of such expenditure; and to render such ac- count to the common council monthly.
§ 29. The common council shall have power to grant and allow to the mayor of said city, for the time being, in lieu of all fees and perquisites, an annual salary not exceeding two hundred and fifty dollars, payable out of the treasury. The treasu- rer, clerk, street commissioner, police constables, and collector or collectors, shall also be paid out of the treasury, such compensation for their services as the common council may deem reasonable.
§ 30. If any person having been an officer in said city, shall not within ten days after notification and request, deliver to his successor in office, all the property, papers and effects of every description, in his possession, belonging to the said city or apper- taining to the office he held, he shall forfeit and pay
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for the use of the city, one hundred dollars, besides all damages caused by his neglect or refusal so to deliver.
§ 31. The common council shall hold stated meetings, and the mayor or any two aldermen may call special meetings by notice to each of the mem- bers of said council, served personally or left at his usualplace of abode. Petitionsandremonstrances may be presented to the common council. The common council shall have the management and control of the finances, and of all the property, real and personal, belonging to the corporation, and shall have power within said city, to make, estab- lish, publish, alter, modify, amend, and repeal ordi- nances, rules, regulations and by-laws for the fol- lowing purposes:
1. Toprevent all obstructions in thewaterswhich are public highways in said city.
2. To prevent and punish forestalling and regra- ting,andtopreventandrestraineverykindoffraudu- lent device and practice.
3. Torestrainandprohibitall descriptionsof gam- ing and fraudulent devices in said city. And all playing of cards, dice or other games of chance, with or without betting, in any grocery, shop or store.
4. To prohibit the selling or giving away any ar- dent spirits by any storekeeper, trader or grocer, to be drank in the shop, store, grocery, out-house, yard or garden, owned or occupied by the person selling or giving away the same, except by inn-keepers duly licensed.
5. To forbid the selling or giving away of ardent spirits or other intoxicating liquors, to any child, ap- prentice or servant, without the consent of his or her parent, guardian,masterormistress,ortoany Indian.
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6. Toregulate or prohibit the exhibitions of com- mon show-men and of shows of every kind, or the exhibitions of any natural or artificial curiosities, caravans, circuses, or theatrical performances. 7. To prevent any riot, or noise, disturbance or disorderly assemblages.
8. Tosuppressandrestrain disorderly houses, and groceries, houses of ill-fame, billiard tables, nine or ten-pin alleys, or tables and ball alleys, and to au- thorize the destruction and demolition of all instru- ments and devices used for the purpose of gaming.
9. To compel the owner or occupant of any gro- cery, cellar, tallow-chandler's shop, soap-factory, tannery, stable, barn, privy, sewer or other un- wholesome or nauseous house or place, to cleanse, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of the said city.
10. To direct the location and direction of all slaughter houses, markets, and houses for storing powder.
11. To regulate the keeping and conveying of gun-powder and other combustible and dangerous materials, and the use of candles and lights in barns and stables.
12. Toprevent horseracing, immoderateridingor driving in the streets, and to authorize persons im- moderately riding or driving as aforesaid, to be stop- ped by any person.
13. To prevent the incumbering of the streets, side walks, lanes, alleys, wharves and docks, with carriages, carts, sleighs, sleds, wheelbarrows, boxes, lumber, timber, fire wood, or any other substance or materials whatsoever.
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14. To regulate and determine the times and places of bathing and swimming, in the canals, creeks, harbors, and other waters in said city.
15. Torestrain and punish vagrants, mendicants, street beggars and common prostitutes.
16. To restrain and regulate the running at large of cattle, horses, swine, sheep, goats and geese, and to authorize the distraining, impounding and sale of the same for the penalty incurred, and costs of proceedings.
17. To prevent the running at large of dogs, and to authorize the destruction of the same, when at large contrary to the ordinance.
18. To prohibit any person from bringing, de- positing, or having within the limits of said city, any dead carcass, or other unwholesome substance; and to require the removal or destruction by any person who shall have upon or near his premises any such substance, or any putrid or unsound beef, pork, fish, hides or skins of any kind; and on his default to authorize the removal or destruction thereof by some officer of said city.
19. To prohibit the rolling of hoops, playing at ball, or flying of kites, or any other amusement or practice, having a tendency to annoy persons pass- ing in the streets and on the side walks in said city, or to frighten teams and horses within the same.
20. To compel all persons to keep the snow, ice and dirt from the side walks in front of the prem- ises owned or occupied by them.
21. To prevent the ringing of bells, blowing of horns and bugles, and crying of goods and other things within the limits of said city.
22. To abate and remove nuisances.
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23. To regulate and restrain runners for boats and stages.
24. To survey the boundaries of said city.
25. To regulate the burial of the dead.
26. To direct the returning and keeping bills of mortality, and to impose penalties on physicians, sextons and others for any default in the premises.
27. To regulate gauging, the place and manner of selling and weighing hay, of selling pickled and other fish, and of selling and measuring of wood, lime and coal, and to appoint suitable persons, to superintend and conduct the same.
28. To appoint watchmen, and prescribe their powers and duties.
29. To regulate cartmen and cartage.
30. To regulate the police of said city.
31. To regulate the quality of bread, and to pro- vide for the seizure or forfeiture of bread baked contrary thereto.
32. To establish, make, and regulate public pumps, wells, cisterns and reservoirs, and to pre- vent the unnecessary waste of water.
33. To establish and regulate public pounds.
§ 32. The common council shall have power from time to time to prescribe the duties of all offi- cers and persons appointed by them to any office or place whatever, subject to the provisions of this act; and may remove all such officers and persons at pleasure.
33. The common council may make, publish, ordain, amend and repeal all such ordinances, by- laws and police regulations, not contrary to the laws of this state, for the good government and order of said city, and the trade and commerce thereof, and as may be necessary to carry into effect the powers
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given to said council by this act; and enforce ob- servance to all rules, ordinances, by-laws and po- lice regulations made in pursuance of this act, by imposing penalties on any person violating the same, not exceeding twenty-five dollars for any one offence, to be recovered with cost, in an action of debt in any court having cognizance thereof; or by indictment for misdemeanor upon the complaint of the common council. Every such ordinance or by-law, imposing any penalty or forfeiture for a violation of its provisions, shall after the passage thereof be published for three weeks successively in the corporation newspaper, printed and published in said city, and proof of such publication by the affidavit of the printer or publisher of said news- paper, taken before any officer authorized to ad- minister oaths, and filed with the clerk of the city, or any other competent proof of such publication shall be conclusive evidence of the legal publication and promulgation of such ordinance or by-law in all courts and places.
§ 34. The common council at their annual meet- ing on the second Tuesday in March in each year, after eighteen hundred and thirty-two, and at their first meeting in that year, or within ten days there- after, shall designate one public newspaper printed in said city, in which shall be published all ordi- nances and other proceedings and matters required in any case by this act, or the by-laws and ordi- nances of the common council, to be published in a public newspaper.
§ 35. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordi- nances, by-laws or police regulations, made in pur- suance of it, shall be brought in the corporate name;
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and in any such action, it shall be lawful to declare generally in debt for such penalty or forfeiture, stating the section of this act or the by-law or ordi- nance under which the penalty is claimed, and to give the special matter in evidence; and the de- fendant may plead the general issue, and give the special matter in evidence. The first process in any such action shall be by warrant, and execution may be issued thereon immediately on the rendi- tion of judgment. If the defendant in any such action have no goods or chattels, lands or tene- ments, whereof the judgment can be collected, the execution shall require the defendant to be impri- soned in close custody in the jail of Erie county, for a term not exceeding thirty days. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture, shall be defrayed by the cor- poration; and all penalties and forfeitures when collected, shall be paid to the treasurer for the use of the city.
§ 36. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant or freeholder in the city of Buffalo, in any action or proceeding in which the said city is a party interested.
§ 37. The mayor of said city shall, by virtue of his office, have and execute the like powers in said city in criminal cases as are given by law to jus- tices of the peace in the several towns in this state, and he shall also possess and exercise the same powers in the courts of oyer and terminer and gene- ral sessions of the peace, in the county of Erie, as are by law exercised by the judges of the county courts of said county.
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§ 38. The common council shall have power to cause a sum in each year, not exceeding eight thou- sand dollars, to be raised by tax, to defray the ex- penses of lighting the streets, supporting a night watch, and making and repairing roads, highways and bridges in said city, and to defray the contin- gent and other expenses of said city. The taxes assessed and levied in pursuance of this section, shall, except as otherwise herein directed, be as- sessed and rated by the said council, upon or among the owners of the estates real and personal in said city, (according to the then last assessment roll made by the assessors of said city,) in the same manner and proportion, as nearly as may be, as taxes in and for the county of Erie are rated and assessed; and in the assessment roll made in pur- suance of this section it shall be the duty of the common council to set down and describe briefly the real estate and the amount of the personal es- tate on or in respect of which any assessment or tax is imposed or assessed. And no person or property exempt by law from assessments to work on high- ways in towns shall be assessed or taxed for making and repairing roads, highways and bridges. In the assessment roll made under this section, all persons who would be liable by law to be assessed to work on highways, if they reside in any of the towns in this state, shall be enumerated and may be taxed by the said common council, a sum not exceeding one dollar, as a poll tax, for making and repairing roads, highways and bridges. Said assessment roll shall, when completed and corrected, be filed with the clerk of the city. All taxes and assessments im- posed, rated and assessed by the said common coun-
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cil, in pursuance of this section, shall be collected by the collector or collectors of said city, in the same manner and with the same power and authori- ty, as taxes in and for the county of Erie are col- lected by the collectors of the several towns, by virtue of a warrant or warrants under the corporate seal, signed by the mayor, or by suit in the corpo- rate name, with interest and costs. The assess- ment roll filed with the clerk shall in all cases be evidence on the part of the corporation; and all taxes and assessments imposed or assessed on or in respect of any real estate as aforesaid, shall be a lien, on filing the roll with the clerk of the city, on such real estate; and in case such taxes and assess- ments are not paid, and no personal property can be found by the collector or collectors, out of which to satisfy and collect the same by distress and sale, the common council may cause such real estate to be sold for the payment and collection of such taxes and assessments as aforesaid, together with the ex- penses of the sale, in the manner and with the effect, and subject to the provisions specified in the forty-third section of this act, relative to the sales of real estate for the non-payment of assessments in that section mentioned; but no such real estate shall be sold as aforesaid, except within one year from the time of the filing of the assessment roll as aforesaid. All taxes and sums of money, raised and collected in pursuance or by virtue of this sec- tion, shall be paid to the treasurer of the city. Any person who may be assessed to raise the amount for making roads, highways and bridges, may at his option discharge the same in labor, at the rate of one day for each fifty cents he may be
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assessed for such purposes, provided such person shall within ten days after he shall have been first called upon by the collector to pay such tax, deliver to the collector a receipt from the street commis- missioner, specifying that he has labored upon the highways to the amount of such assessment, at the rate above specified. The street commissioner, whenever requested by any person assessed, for making highways, roads and bridges, shall desig- nate a time when, and not exceeding three days thereafter, and place where such person is to com- mence labor on the highways, under the direction of such commissioner, in discharge of such assess- ment; and upon the performance of such labor according to such designation, at the rate of eight hours for each day, the commissioner shall give such person a receipt therefor.
§ 39. The common council shall be commission- ers of highways in and for said city, and shall (sub- ject to the provisions of this act) possess the powers and perform the duties, and be subject to the liabil- ities of commissioners of highways in towns. They shall have power to regulate, repair, amend, alter and clean the streets, alleys, highways, brid- ges, side and cross walks, drains, sewers, wharves, piers, docks and slips in said city, and to prevent the incumbering of the same in any manner, and to protect the same from encroachments and injury. They shall also have power to direct and regulate the planting, rearing and preserving of ornamental trees in the streets of said city.
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