USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 48
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the said province for the time being, by and with the advice of the said council for the said province, for the time being, in some convenient time thereafter, to name and appoint some fit and discreet person, being an inhabitant, freeholder or freeman of the said city, to be mayor of the said city in the room of such mayor so dying; and one other fit and able person, as aforesaid, to be sheriff of the said city in the room of such sheriff so dying ; and one other fit person as aforesaid, to be coroner of the said city, in the room of such coroner so dying ; and that every such person so to be named mayor, after having taken such oath as is hereby appointed for each mayor to take, shall remain in and execute the said office of mayor of the said city until the fourteenth day of October then next ensuing, and until another fit person be named and sworn into the said office of mayor of the said city ; and every such person so to be named sheriff, after having sworn and given such security as is hereby appointed for each sheriff to do, shall have, exercise and remain in the said office of sheriff of the said city until the fourteenth day of October then next, and until another fit person be named and sworn in the said office of sheriff, and shall have given such security as hereinbefore is appointed for each sheriff to give ; and every person so to be named coroner, after having taken such oath as appointed hereby for each coroner to take, shall exercise and remain in the said office of coroner of the said city, until the fourteenth day of October then next, and until another fit person be named and sworn into the office of coroner of the said city.
11. And we do moreover, for us, our heirs and successors, will, and by these presents, grant to the said mayor, aldermen and commonalty of the city of New York, and to their successors forever, that if it should happen any of the present-named aldermen or assistants, assessors, collectors or constables, or any one of the aldermen, assistants, collectors or constables hereafter to be elected and sworn, or to be sworn in their respective offices as aforesaid, shall happen to die or remove out of the said city, within the time they are or shall be respectively named or elected for, or before other fit persons be respectively named or elected, and sworn in their respective rooms, it shall and may be lawful for the freemen, being inhabitants in, and the freeholders of each respective ward for which such alderman, assistant, assessor, collector or constable so dying or removing, had been named or chosen for, to assemble and meet together at such time and place in the said respective ward, as shall be appointed by the mayor of the said city for the time being, or his deputy, and then and there by plurality of voices, or votes of the freemen, being inhabitants in, and the freeholders of such ward, to elect one of the inhabitants of, and being a freeholder in such ward, or freeman of the said city, to serve as alderman, assistant, assessor, collector or constable, for the said ward, in the room of such alderman, assistant, assessor, collector or constable so dying or removing ; and so as often as such cases shall happen. And in case the present-named or any future chamberlain, or any high constable of the said city hereafter to be appointed, so sworn or to be sworn in their respective offices aforesaid, should happen to die or remove out of the said city within the time they were or shall be respectively appointed for, it shall be lawful for the mayor of the said city, for the time being, or his deputy and four or more aldermen, and four or more assistants, for the sa'd city, for the time being, in common council, to appoint another fit person to be chamberlain, in the room of such chamberlain so dying or removing ; and for the mayor of the said city, for the time being, to appoint another fit person to be high constable in the room of such high constable so dving or removing ; and so as often as such cases shall happen. And all and every such person and persons so to be newly chosen or appointed alderman, assistant, assessor, collector, constable, chamberlain or high constable shall serve in their respective offices until other fit persons be respectively chosen or appointed, and sworn in their respective rooms, each of them (except the collector) first taking such oaths as hereafter is appointed for each of them respectively to take.
12. And we do further, for us, our heirs and successors, ordain, grant and confirm unto the said mayer, aldermen and commonalty of the city of New York, and their successors forever, that if any one of the inhabitants of the said city of New York, being a freeholder or freeman as aforesaid, shall hereafter be elected or chosen to the office of alderman, assistant, assessor, collector, or constable for any ward in the said city, or shall be appointed to be high constable of the said city, and have notice of his said election, shall refuse, deny, delay, or neglect to take upon him or them to execute such office, to which he or they shall be so chosen or elected for, that then and so often as it shall happen, it shall and may be lawful for the mayor or his deputy, or recorder, and any four or more of the aldermen, and any four or more of the assistants of the said city for the time being, in common council, to tax, assess, and impose upon every such person or persons so refusing, denying, delaying or neglecting such reasonable and moderate fine and fines, sum and sums of money, as they, the said mayor, or his deputy, or recorder, and any four or more aldermen, and any four or more assistants, in common council, shall think fit, so as such fine for each refusal, denial, delay or neglect, shall not exceed the sum of fifteen pounds current money of New York ; all which said fines shall and may be levied, by distress and sale of the goods and chattels of such delinquent and delinquents, by warrant under the seal of the said city, signed by the mayor thereof, for the time being, rendering the surplusage to the owner or owners thereof (if any be), the
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necessary charges of making and selling such distress being first deducted, or, by action of debt in any court of record, to be prosecuted, or any other lawful method to be obtained ; and shall be recovered and received by and to the use of the said mayor, aldermen and commonalty of the city of New York, and their successors forever, without any account thereof to be given to us, our heirs or successors, or to any of the officers or ministers of us, our heirs or successors : and upon every such refusal or neglect, other fit persons to be elected and chosen in the room and rooms of such persons so neglecting or refusing, in such manner as is before directed or appointed for electing and choosing of aldermen, assistants, assessors, collectors and constables, and for appointing a high constable, upon the death or removal of any of them respectively ; and so as often as such cases shall happen.
13. And we do hereby, for us our heirs and successors, grant, appoint, and ordain, that if it shall happen that the day or days appointed for the naming, appointing, electing, or choosing, or for administering any oath or oaths to any of the officers or ministers of the said corporation, shall happen to fall on a Sunday, then and in such case such naming, appointing, electing, or choosing so to be made, shall be made, and such oath or oaths so to be administered shall be administered on the next day, and so as often as such case shall happen.
14. And further we do, of our especial grace, certain knowledge, mere motion, for us, our heirs and successors, give, grant, ratify, and confirm unto the said mayor, aldermen, and commonalty of the city of New York, and their successors forever, that the mayor or recorder, with four or more aldermen, or four or more assistants of the said city, for the time being, be, and shall be forever hereafter, called the common council of the city of New York : And that the said common council of the said city, for the time being, or the major part of them, have and may, and shall have full power, author- ity and licensc to frame, constitute, ordain, make and establish, from time to time, all such laws, statutes, rights, ordinances and constitutions, which to them, or the greater part of them, shall seem to be good, useful or necessary for the good rule and government of the body corporate afore- said ; and of all officers, ministers, artificers, citizens, inhabitants and residents, of the said city, within the limits thereof, and for declaring how and after what manner and order the mayor, recorder, aldermen and assistants of the said city, for the time being, and all and every of their officers and ministers, and all officers and ministers, and all artificers, inhabitants, and residents of the same city, and their factors, servants and apprentices, in their offices, functions, and business within the said city and liberties thereof, for the time being, and from time to time, shall use, carry and behave themselves ; and for the further public good, common profit, trade and better government and rule of the said city, and for the better preserving, governing, dis- posing, letting and setting of the lands, tenements, possessions and hereditaments, goods and cliat- tels, to the aforesaid mayor, aldermen and commonalty of the said city of New York belonging, or to them and their successors hereafter to belong, and all other things and causes whatsoever, touch- ing or concerning the said city, or the state, right and interest of the same (provided that such laws be not contradictory, or repugnant to the laws and statutes of that part of our kingdom of Great Britain called England, or of our said province), which laws, statutes, ordinances and constitutions, so to be made as aforesaid, may be and remain in force for twelve months from the day of the date thereof, and no longer, unless they shall be allowed of and confirmed by the governor and council of the said province, for the time being ; and that the said common council of the said city, for the time being, or the greater part of them, as often as they shall make, ordain and establish such laws, statutes, rights, ordinances and constitutions, in form aforesaid, may make, ordain, limit and pro- vide such and the like pains, punishments, penalties, either by fines and amerciaments, or by dis- franchising and amoving from the liberties, privileges, immunities and freedom of the said city, or by either of them, toward and against all and every person that shall offend against such laws, statutes, rights, orders and constitutions, or any or either of them, or by the said common council, or the major part of them, shall be thought necessary and requisite to make, ordain, limit and provide, for the observation and preservation of the same laws, rights, statutes, ordinances and constitutions ; and the same fines and amerciaments shall and may, from time to time, levy, receive, have and recover, eitlier by distress and sale of the goods and chattels of such delinquent and delinquents, by warrant under the hand and seal of the mayor, or recorder, or any one of the aldermen, for the time being, rendering the surplusage to the owner or owners thereof (if any be) the necessary charges of making and selling such distress, being first deducted, or by action of debt, in any court of record to be prosecuted, or in any other lawful method to be obtained, and to the use of the said mayor, aldermen and commonalty of the city of New York, and their successors forever, without any account thereof .to be given to us, our heirs, and successors, or to any of the officers or ministers of us, our heirs or successors : all and singular, which laws, statutes, rights, ordinances and constitutions, so as aforesaid to be made, we do, for us, our heirs and successors will to be observed, under the pains, penalties and forfeitures in the same contained. And we do further, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors,
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give, grant, ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and their successors forever, that the common council of the said city, for the time being, or the major part of them, shall have the sole power of determining and deciding all elections of all and every their officers and ministers, hereafter to be chosen and elected in, or for the said corpo- ration, or any part thereof.
15. And we do hereby, for us, our heirs and successors, ordain, declare, give and grant, unto the said mayor, aldermen and commonalty and their successors, that the common council of the said city shall be summoned, called and held from time to time, so often and at such times and places, as the mayor, or in case of his sickness or absence, the recorder of the said city, for the time being, shall think fit to appoint or direct ; and that it shall and may be lawful to and for the said common council of the said city, or the major part of them, to assess and lay such reasonable fines and amerciaments in and upon every officer and member of the body corporate aforesaid, for the time being, who after having had due notice, or being duly summoned to appear or attend at any such common council, to be held for the said city, shall neglect so to do, or make default therein, or shall not appear or attend according to such notice or summons, in that behalf, or show a reasonable cause, by the said common council, or the major part of them, at their discretion to be allowed, and so often as such case shall happen, so that no such fine or amerciament for any one default of appearance or attendance of any such officer or member of the body corporate aforesaid, shall exceed the sum of twenty shillings, in the manner and form aforesaid, to be levied, and by, to and for the use of the mayor, aldermen and commonalty of the said city, and their successors, to be recovered and received without any account thereof to be given to us, our heirs or successors, or any of our or their officers and ministers. And we do further, for us, our heirs and successors, give, grant and confirm unto the mayor, aldermen and commonalty of the said city of New York, and their successors forever, that the common council of the said city, for the time being, or the major part of them, (but no other person or persons whomsoever, without the consent, grant or license of the said common council of the said city for the time being, or the major part of them) from time to time, and at all times hereafter, shall and may have the sole, full and whole power and authority of settling, appointing, establishing, ordering and directing, and shall and may settle, appoint, establish, order and direct such and so many ferries around Manhattan's Island alias New York Island, for the carrying and transporting people, horses, cattle, goods, and chattels from the said Island of Manhattan to Nassau Island, and from thence back to Manhattan's : and also from the said Island Manhattan's to any of the opposite shores all around the same island, and in such and so many places as the said common council, or the major part of them shall think fit, who have hereby, likewise, full power to let, set or otherwise dispose of, all or any of such ferries, to any per- son or persons whomsoever ; and the rents, issues, profits, ferriages, fees and other advantages arising and accruing from all and every such ferries; we do hereby fully and freely for ns, our heirs and successors, give and grant unto the mayor, aldermen and commonalty of the city of New York, aforesaid, and their successors forever, to have, take, hold and enjoy the same to their own use, without being accountable to us, our heirs or successors, for the same or any part thereof.
16. And we do further, for us, our heirs and successors, give, grant, ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and their successors forever, that the common council of the said city, for the time being, or the major part of them, have. and f: om time to time, and at all times hereafter forever, shall have full power, license and authority, not only to establish, appoint, order and direct, the making and laying out of all other streets, lanes, alleys, highways, water-courses and bridges not already made or laid out, but also the altering, amending and repairing all such streets, lanes, alleys, highways, water-courses and bridges, hereto- fore made or laid out, or hereafter to be made or laid out, in and throughout the said city of New York and the Island of Manhattan's, in such manner as the said common council, for the time being, or the major part of them, shall think or judge to be necessary and convenient for all inhabitants and travellers there.
17. And further, we do hereby, of our especial grace, certain knowledge and mere motion, for us our heirs and successors, give, grant, ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and their successors, that they and their successors shall and may have, hold and keep markets at five several places (in the said city of New York, on every day in the week, throughout the year; except Sunday) as follows, to wit : One market at Coenties dock ; one other market at the Old slip, at Burgher's path; one other market at Countesses slip ; one other market at the lower end of Wall street, and one other market by the Long bridge. And also, we do for us, our heirs and successors, grant unto the said mayor, aldermen and commonalty of the city of New York and their successors forever, that they and their successors shall and may have, hold and keep such and so many other markets, at such and so many other times and places in the said city of New York, as shall from time to time be ordered, established erected and appointed by the com. mon council of the city aforesaid, for the time being or the greater number of them.
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18. And we do further, for us, our heirs and successors, give and grant unto the said mayor, aldermen and commonalty of the city of New York, and their successors, that they and their suc- cessors may and shall have the assize and essay of bread, wine, beer, ale and all other victuals and things whatsoever, set to sale in the said city and the liberties and limits thereof ; and the amending and correcting of the same assize ; and all amerciaments, fines and forfeitures to be laid and for- feited concerning the same or any part thereof, without any account thereof to be given to us, our heirs or successors ; and to perform, do and act, by themselves or their deputies, all and everything needful or necessary in about or concerning the same.
19. And we do hereby further, for us, our heirs and successors, grant and give unto the said mayor, aldermen and commonalty of the city of New York, and their successors forever the office of gauger of and in the said city, to gauge all and singular the wine, rum, brandy, molasses, beer, ale, cider and other merchandises and vessels gaugable or to be gauged within the said city ; except such liquors as are to pay duty by virtue of any act of assembly, until after they have been gauged by the public officer appointed for that purpose; And the office of measurer of and in the said city, to measure salt, wheat, oats and other grain and all other merchandises measurable or to be measured in the said city ; and also the offices of surveyor and packer of bread, flour, beef, pork and other provisions, and all other merchandises and commodities to be surveyed or packed in the said city ; and also the office of cartage, carriage and portage of all goods, wares, merchandises and other things to be carted or carried in or through the said city or any part thereof: and also the office of garbling of all manner of spices and other merchandises and things to be garbled in the city aforesaid : To have and to hold the several offices aforesaid, and every of them, and the disposition, ordinances and correctness of the same, and to exercise the same by themselves or their deputies ; and to take and receive to themselves all fees, profits and perquisites to the said offices and every of them, due or to be due, and all the fines, amerciaments and forfeitures to be laid and forfeited concerning the same, or any part thereof, to them the said mayor, aldermen and common- alty, and their successors, to their own proper use forever, without any account or any other thing, to us or our heirs or successors, to be given or made.
And further, That the mayor of the said city, for the time being, or his deputy for the time being, and any four or more of the aldermen, for the time being, shall from time to come, and at all times forever hereafter, have full power and authority, under the common seal of the said city, to make free citizens of the said city and liberties thereof; and that every person so to be made a free citizen, shall pay on his being made free, for the use of the said mayor, aldermen and com- monalty of the city aforesaid, and their successors forever, a sum not exceeding five pounds, New York money ; and we do for us, our heirs and successors, give and grant unto the said mayor, aldermen and commonalty, and their successors forever, full power to ask, take, demand and receive the same to their own use and behoof, without any account thereof to be given to us, our heirs or successors, or any other person or persons whatsoever.
21. And we do hereby, for us, our heirs or successors, constitute, appoint and ordain, that no person whatsoever, not being a free citizen of the said city as aforesaid, shall at any time here- after, use any art, trade, mystery or occupation within the said city, liberties, and precincts thereof, or shall by himself, themselves or others, sell or expose to sale any manner of goods, wares, mer- chandises or commodities by retail, in any house, shop, place or standing, within the said city, or the liberties or precincts thereof (save in the time of public fairs), and that every such person so using any art, trade, mystery, occupation; or so retailing, contrary to the intent and meaning of these our present letters, and shall persist therein after warning to him or them thereof given, or left by the appointment of the mayor of the said city, for the time being, or his deputy, at the place or places where such person or persons shall so use any art, mystery or occupation, or expose to sale by retail as aforesaid, any goods, wares, merchandises or commodities as aforesaid, shall forfeit the sum of five pounds, New York money, to and for the use of the said mayor, alder- men and commonalty of the city of New York, and their successors, for every time that he or she shall so use any trade, mystery or occupation, or expose to sale by retail as aforesaid, any goods, wares, merchandises or commodities, after such warning given or left as aforesaid : all and every of which same forfeitures shall and may be levied by distress and sale of the goods and chattels of such delinquent or delinquents, by warrant under the seal of the said city, signed by the mayor thereof, for the time being, or his deputy, rendering the surplusage to the owner or owners thereof (if any be), the necessary charges of making and selling such distress being first deducted ; or by any other lawful method to be obtained; and shall be recovered and received by and to the only use of the mayor, aldermen and commonalty of the city of New York, and their suc- cessors forever, without any account thereof to be given to us, our heirs or successors, or to any of the officers, or ministers of us, our heirs or successors : Provided always, and we do hereby for us, our heirs and successors, direct, appoint and order that no person or persons shall be made free s aforesaid, but such as are or shall be natural born subjects of us, our heirs or successors, or shall
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be naturalized or made denizens. And we do further, for us, our heirs and successors, ordain and appoint, direct, will and grant that all and every person or persons now living, who at any time heretofore have been admitted free citizens, or into the freedom of the said city of New York, shall be and remain free thereof, and free citizens, and have and enjoy the said freedom, and all the rights and privileges of freemen and free citizens of the said city of New York to all intents and purposes whatsoever.
22. And for the better preservation of good rule and order in the said city, we do, for us, our heirs and successors, will, ordain, grant unto the mayor, aldermen and commonalty of the said city, and their successors, that the common council of the said city, for the time being, or the major part of them, shall have full power and authority to license, or appoint by warrant, under the com- mon seal of the said city or otherwise, one or more surveyors of flour, bread, beef, pork and other provisions, measurers of grain, salt and all other commodities, gaugers of wine, beer, ale, cider, rum, brandy, and all other salable or exciseable liquors, garbles, beadles, bell-men, watchmen, bridewell-keepers, or keepers of a house or houses of correction, and of alms-houses, criers, and bell-ringers, and to displace all or any of them and put others in their room, and to add or diminish the number of them, or any of them, as often as the said common council of the said city, or the major part of them, shall think fit.
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