USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 49
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23. And further, we do for us, our heirs and successors, grant unto the said mayor, alder- men and commonalty, and their successors forever, full power and authority to erect and build, or appropriate any other buildings already built, for one or more bridewell or bridewells, house or houses of correction, and work-house or work-houses, together with full power and authority to the said mayor, recorder and aldermen, or any one of them, to take up and arrest, or order to be taken up and arrested, all and any rogues, vagabonds, stragglers, and idle and suspicious persons ; and as they the said mayor, recorder or aldermen, or any one of them, shall see cause, to order all or any such rogues, vagabonds, stragglers, and idle and suspicious persons, either to the said work-house, there to remain and work such work and so long, not exceeding forty days, or else to bridewell or the house of correction, there to receive such punishment, not extending to the loss of life or limb, as the said mayor, recorder and aldermen, or any one of them, shall think fit. And also, that they the said mayor, aldermen and commonalty, and their successors for- ever, may and shall have power to build, erect, or appropriate any of their buildings already built, for an alms-house for relief of the poor; together also, with as full and ample power to them and their successors, to order, direct, and act in and about the said houses of correction, work-houses and alms-houses, and the persons to be put in and ordered there, as to any city or corporation in any place of that part of our realm of Great Britain called England, and the officers or ministers thereof doth or may belong. And also, that they the said mayor, alder- men and commonalty, and their successors forever hereafter, may have one or more jail or jails in such fit place or places, within the said city and limits and jurisdiction thereof, as by the com- mon council of the said city, for the time being, or the major part of them, shall be appointed, to imprison and safe keep all and every person and persons for treasons, murder, felonies, tres- passes, evil doings and all other matters and causes whatsoever to be arrested or attached, or to be committed to the jail or jails aforesaid, in safe custody, there to remain until they be deliv- ered by due course of law. And that the common council of the city aforesaid, for the time being, or the major part of them, shall and may have power from time to time, to choose, constitute and place one or more fit person or persons in the office or offices of keeper or keepers of the jail or jails aforesaid, to hold the same during the good pleasure of the common council of the said city, for the time being, or the major part of them, as aforesaid requiring, and hereby for us, our heirs and successors, impowering and commanding the keeper and keepers of the jail or jails aforesaid, for the time being, and all and singular, traitors, murderers, felons, malefactors, disturbers of the peace and other delinquents, and all others, for any crime or offence, or other reasonable cause or matters, to the jail or jails aforesaid, ordered or committed, or to be committed or ordered, from time to time, shall receive, take, keep and cause to be kept in the same jail or jails, until they shall be thence delivered by due course of law.
24. And we do further, for us, our heirs and successors, will, ordain and grant, that the mayor of the said city, for the time being, shall forever hereafter be clerk of the market of us, our heirs and successors, within the city aforesaid, and the limits, liberties and precincts thereof; and that the mayor of the said city for the time being, by himself or his deputy, may and shall have power and authority to do and execute, and shall and may do and execute forever, within the limits, liberties and precincts of the said city, all and whatsoever to the office of clerk of the market there doth, shall or may belong, without any hinderance or impediment of us, our heirs or successors, or any the officers of us, our heirs or successors; and that no other clerk of the market shall intermed- dle there. And also, that the mayor of the said city, for the time being, and his successors during the time of his and their mayoralties and no other, be and shall be, the bailiff and conservator of
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the water of the North and East Rivers, and shall and may do, exercise and execute the said office of bailiff and conservator of the water of the North and East Rivers, or water bailiff by him or themselves, or by his or their sufficient deputy or deputies, in, upon, or about the same water of the North and East Rivers (that is to say) in and through all the limits, bounds and jurisdictions of the said city of New York, upon all and every the banks, shores and wharves of the same water of the North and East Rivers, within the limits and bounds aforesaid : and to have, receive, collect and enjoy, all and singular, wages, rewards, fees and profits to the same offices of clerk of the mar- ket and water-bailiff, or any of them, due or to be due, or belonging to his or their own use, without any account thereof to us, our heirs or successors to be made. And also, that the mayor of the said city, for the time being, shall have full power and authority to license or appoint, by warrant, under his hand and seal, or otherwise, one or more marshal or marshals of the said city, porters, carriers, cartmen, carmen, packers, cullers, common cryers. scavengers, and to displace all or any of them, and to put others in their rooms ; and to add to, or diminish the number of them, or any of them, when and as often as the mayor of the said city, for the time being, shall think fit.
25. And we do further, for us, our heirs and successors, grant, ratify, and confirm unto the said mayor, aldermen, and commonalty of the city of New York, and their successors forever, that the mayor of the said city for the time being, and no other whatsoever, shall have power to give and grant licenses annually, under the public seal of the said city, to all such persons as he shall think fit to license them, and every of them, to keep a tavern, inn, ordinary or victualling-house, and to sell wine, brandy, rum, strong waters, cider, beer, ale, or any other sort of exciseable or strong liquors, within the city of New York, or the liberties and precincts thereof, by retail or the small measure ; and that it shall be lawful to and for the said mayor of the said city for the time being, to ask, demand, and receive for every such license by him to be given and granted aforesaid, such sum or sums of money, as he and the person to whom such license shall be given and granted, shall agree for, not exceeding the sum of thirty shillings for each license ; all which moneys, as by the said mayor shall be so received, shall be used and applied to the public use of the said mayor, aldermen and commonalty of the said city of New York, and their successors forever, without any account thereof to be rendered, made or done to us, our heirs or successors, or any other person whatsoever: every and each of which licenses shall continue and be in force for any time not exceeding one year from the granting thereof, but no longer. And we do hereby, for us, our heirs and successors, con- stitute, direct, order and appoint that no person or persons whatsoever, without such license being in force, shall at any time hereafter keep any tavern, inn, public ordinaries or victualling-houses, or sell wine, brandy, rum, strong waters, cider, beer, ale, or any other sorts of exciseable or strong liquors within the city of New York, or the liberties or precincts thereof, by retail or small mea- sure, under the penalty of five pounds, current money of New York, for every time that any person shall act contrary hereto in any respect, to be forfeited and paid by every person, for every time he or she shall offend or act contrary hereto in any respect, to and for the use of the said mayor, aldermen and commonalty of the city of New York, for the time being ; all and every of which pen- alties 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, 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 successors forever, without any account thereof to be given to us, our heirs or successors, or to any of the ministers or officers of us, our heirs or successors.
26. And further, we, of our especial grace, certain knowledge and mere motion, have given, granted, ratified and confirmed, and by these presents, do 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 to their successors forever, that the mayor, deputy mayor, recorder and aldermen of the said city, for the time being, be and shall be at all times forever hereafter, and hereby are assigned to be justices, and each of them a justice of us, our heirs and successors, the peace of us, our heirs and successors, within the city aforesaid, and the limits, jurisdiction and extent thereof, and within the county of New York, to keep ; and that they, the mayor, deputy mayor, recorder and aldermen of the said city for the time being, or any four or more of them (whereof we will the mayor, or deputy mayor, or recorder of the said city, for the time being, to be one), shall and may forever hereafter hold and keep four courts of general sessions of the peace, in and for the said city and county of New York, to begin at certain times in the year, to wit : one of them to begin on the first Tuesday in November ; another on the first Tuesday in February ; another on the first Tuesday in May ; and another on the first Tuesday in August, in every year; each of which sessions of the peace shall and may last, continue, and be held any time, not exceeding four days. And also, that they, the said mayor, deputy mayor, recorder and aldermen of the said city, for the time being, or any four
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or more of them (whereof we will the mayor, or deputy mayor, or recorder of the said city for the time being, to be one), shall and may forever hereafter, have full power and authority to inquire of, and hear and determine, within the city and county aforesaid, all and all manner of felonies, imprisonments, riots, routs, oppressions, extortions, forestallings, regratings, trespasses, offences, and all and singular other evil deeds and offences whatsoever, within the city and county aforesaid, from time to time perpetrated, done, arising or happening, which to the office of justices of the peace are incumbent, or do in any manner belong, or which thereafter shall happen to belong, or be incumbent on them, or which in any manner before justices of the peace ought or may be inquired into, heard and determined, together with the correction and punishment thereof, and to do and execute all other things within the city and county aforesaid, and the liberties and precincts thereof, as fully, freely and entirely, and in as ample manner and form as justices of the peace of us, our heirs and successors, anywhere within that part of our kingdom of Great Britain called England, by the laws, statutes or customs of England, or by any other legal method whatsoever, heretofore had or exercised, or hereafter to be had or exercised, could, might or can do, and in as ample manner and form as if the same had been in these our letters particularly, and by special words expressed, contained, and mentioned. And that the said justices of the peace of us, our heirs and successors, in the city and county aforesaid, may have, and exercise jurisdiction in all causes, matters and things whatsoever which to justices of the peace of our said city and county in any manner do or ought to belong. And further, that the mayor, recorder and aldermen of the said city, for the time being, and every of them, from time to time, and at all times forever here- after, shall be justices assigned of Oyer and Terminer, and of the jail delivery of all and every the jails now being and hereafter to be in the said city and county, and either of them, and shall be named in every commission thereof to be made. And we do hereby, for us, our heirs and suc- cessors, grant, order and appoint, that the sheriff and other ministers and officers of the said city, for the time being, shall and may, and they are and each of them is hereby commanded, authorized and fully empowered to execute and return all and every the precepts and commands of the mayor, recorder and aldermen of the said city, for the time being, and either and any of them, from time to time, at all times, as fully and effectually as any sheriff, minister or officer of any county or city anywhere in that part of our kingdom of Great Britain called England, the mandates or commands of any justice of the peace, justice of Oyer and Terminer, of jail delivery of, or in any county there, hath used to make return or execute in any manner whatsoever.
27. And we do further, of our especial grace, certain knowledge, and mere motion, will, and by these presents 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 they and their successors forever hereafter, shall, can and may have and hold in the name of us, our heirs and successors, one court of record within the city of New York, and the liberties and precincts thereof, upon every Tuesday in every year, before the mayor of the said city, for the time being, or his deputy, or the recorder of the said city, for the time being, and any three or more of the alder- men for the time being, or any four or more of them (whereof we will the mayor of the said city for the time being, or his deputy, or the recorder of the said city, for the time being, to be one). And that the mayor of the said city, for the time being, or his deputy, or the recorder of the said city, for the time being, and three or more of the aldermen, and any four or more of them (whereof we will the said mayor, or his deputy, or the recorder, to be one), shall and may hold, plea, and have cognizance of all and all manner of plaints, actions and pleas of any lands and tenements within the said city of New York, and the limits and precincts thereof; and also of all actions of trespass with force and arms, and without replevin, ejectment, trover and conversion, trespass upon the case, debt, detinue, covenant, deceits, contracts, contempts, penalties, forfeitures, and all other actions and pleas, as well real as personal, and mixt, arising and accruing within the said city, and limits thereof; together with full power and authority to hear and determine all and every the same, and such actions and pleas aforesaid, and judgments thereon to render, and executions thereof to award and make, and to act and do everything therein in such manner and form, and by such and the like methods, process, and proceedings as fully and amply as in our other courts of record, in such or the like cases is used, or can or may be acted and done, according to the laws of that part of our kingdom of Great Britain called England, and of our said province of New York.
28. And we do hereby, for us, our heirs and successors, grant, order and appoint that the sheriff and the coroner, and other ministers and officers of the said city, for the time being, shall and may, and they are and each of them is hereby commanded, authorized and fully empowered to execute and return all and every the precepts and process of the said court, to them respectively directed, or to be directed, from time to time, and at all times, as fully and effectually as any sheriff, coroner, minister or officer of, or in any city or place within that part of our kingdom of Great Britain called England, the precepts and processes of any court of record there, hath used, or
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can or may execute and return in any manner howsoever ; Provided always, That the mayor of the said city, for the time being, or his deputy, or the recorder of the said city, for the time being, and any three or more of the aldermen of the said city, or any four or more of them (whereof the mayor, or his deputy, or the recorder, we will to be one), may, and by these presents have, and shall have full power to adjourn the said court for any time not exceeding twenty-eight days.
29. And we do further will, and by these presents 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, and that they and their successors from henceforth forever hereafter, shall and may have, within the city aforesaid, a fit and discreet man to be, and who shall be, and be called the common clerk of the city aforesaid, to act and do all those things within the city aforesaid, and the limits and jurisdiction thereof, which to any common clerk of, or in any city, borough or town incorporated, anywhere in that part of our kingdom of Great Britain called England, by virtue of his office, can or ought to do. And also, that forever hereafter the common clerk of the city afore- said, for the time being, shall also be clerk of the court of record, to be held before the mayor, or his deputy, or the recorder, or any three or more of the aldermen of the said city, as aforesaid; and also clerk of our peace, and of the peace of our heirs and successors, and of the sessions of the peace for and in the city and county of New York, from time to time be held, and all and singular those things which to the offices of such clerk of the peace and of the sessions of the peace, do and shall appertain to do, act and execute; and also shall and may require, demand, take, accept, hold, keep and enjoy all fees, perquisites and profits which may to any such common clerk, clerk of the peace, and of the sessions of the peace, do, or ought to belong. And we hereby give, grant, ratify and confirm, for us, our heirs and successors, unto our beloved William Sharpas, gen. (one of the inhabitants of the city aforesaid), to be the present common clerk of the city of New York aforesaid ; and also clerk of the peace ; and of the sessions of the peace, for and in the city and county of New York, to continue in the offices aforesaid during his life, and to act and execute the same offices and places by himself or his deputy. And we do further, for us, our heirs and suc- cessors, appoint, will and direct, that the governor or commander-in-chief of the said province of New York, for the time being, from time to time, and at all times after the death of the said William Sharpas, when and so often as the office and place of common clerk of the city shall happen to be vacant, shall and may appoint an honest and discreet man, being one of the inhabi- tants and a freeman or freeholder of the said city, to be common clerk of the said city, during his good behavior ; and so as often as such case shall happen, And we do further, for us, our heirs and successors, will and grant that so often as the said office shall be vacant, the common council of the said city, for the time being, shall and may appoint one other honest and discreet citizen being an inhabitant and freeman or freeholder of the said city, to be common clerk of the said city, and clerk of the said court of record, in and for the said city ; and clerk of the peace, and of the sessions of the peace, in and for the said city and county of New York, to act and execute the said offices, and who shall and may execute, do and receive all and whatsoever to the said offices and every of them belongs, or shall belong or appertain, till in his room another honest and discreet person, being an inhabitant and freeman or freeholder of the said city, shall be appointed into and for the said offices, by the governor or commander-in-chief of the said province, for the time be'ng; and shall have taken such an oath as is hereby directed for every such person so to be appointed to give and take; and so from time to time, and so often as the case may or shall so happen.
30. And further, we do hereby constitute, name and appoint James Alexander, Joseph Murray, John Chambers, William Smith, George Lurting, William Jamison, Richard Nicolls, and Abraham Lodge, gentlemen, to be the present attorneys, and each of them to be an attorney of and in the said court of record for and during the good behavior of each of them respectively : and we do hereby for us, our heirs and successors, grant and ordain that no other attorney or attorneys, person or persons whomsoever (besides the aforenamed attorneys, during the time that they shall all remain attorneys of the said court), shall be permitted or suffered to practise as an attorney of or in the said court ; but all and every other attorney and attorneys, person and persons (besides the before-named attorneys during the time aforesaid) from being an attorney or attorneys of or in the said court, and from all practice as such, shall be, and are and each of them is excluded and debarred. And we do hereby, 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 forever, that the mayor of the said city, for the time being, or his deputy, or the recorder, and any three or more of the aldermen of the said city, for the time being, or any four or more of them (whereof we will the mayor or his deputy, or the recorder of the said city, for the time being, to be one) shall and may (by and with the consent and approbation of our governor and commander-in-chief for the time being) bave full power and authority, all or any of the before-named attorneys of the said court, and all or any other of the persons hereafter to be appointed or admitted attorneys of or in the said
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court, for their or his evil behavior, in their or his said duty or office of attorneys, or an attorney of or in the same, or his or their being thereof legally convicted from being attorneys or an attorney of or in the said court to amove, displace and forever exclude ; and after the amoval or death of any two or more of the before-named attorneys, upon the amoval or death of any other of the attorneys before-named, or hereafter to be admitted, to recommend one other person to the gover- nor or commander-in-chief of the said province of New York, for the time being, for his approbation, in the room of such attorney so dying or being removed ; each of which persons so to be recom- mended and approved of as aforesaid, shall and may be admitted and sworn an attorney of and in the said court ; and as often as the case shall happen. And we do further, for us, our heirs and successors, grant and appoint that no other attorney or person whatsoever shall, after the death or amoval of any of the before-named attorneys, be admitted or suffered to practise as an attorney of or in the said court but what shall be recommended and approved of as aforesaid. And further, we do for us, our heirs and successors, grant, will and ordain, that the number of attorneys of the said court shall not at any one time after the death or removal of any two or more of the before- named attorneys, forever hereafter exceed the number of six : Provided, that nothing herein shall be construed to extend to hinder us, our heirs or successors from prosecuting or defending all or any suits, causes, actions or prosecutions in the said mayor's court by our attorney or solicitor- general for our said province, or the attorney or solicitor-general of us, our heirs or successors for the said province for the time being ; nor to hinder the attorney or solicitor-general of us, our heirs or successors for the said province for the time being, to practise in the said court as counsel in any civil cause.
31. And we dofurther, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors, grant, appoint and direct that the mayor, recorder and aldermen of the said city, for the time being, and each of them from time to time, and at all times forever hereafter, shall have by these presents full power and authority to have and take cognizance of and to hear, try and finally determine, with or without a jury, all pleas, suits, controversies and trespasses, wherein the value does not exceed the sum of forty shillings, in such manner as they or either of them shall think or judge to be agreeable and according to equity and good conscience ; and for the more due proceeding hierein, it shall and may be lawful for them or either of them to administer an oath to the plaintiff or defendant, and also to such witnesses as shall be produced by each party, if they the said mayor, recorder and aldermen or either of them think fit; and in case either of the parties, plaintiff or defendant, shall not perform such order, judgment or decree as the said mayor, recorder, or aldermen, for the time being, or any of them, shall make or set down, then it shall and may be lawful for them or any of them, to commit such party or parties to any prison of or in the said city, there to remain until he, she or they, perform such order, and every marshal of the said city, for the time being, is hereby commanded and authorized to execute all and any the summonses, precepts and commands, of them the said mayor, recorder and aldermen, or any one of them made, issued, or given in, about or concerning such suits, pleas, controversies and trespasses, or any of them as shall be to him directed ; and every keeper of the jail for the city of New York, for the time being is hereby commanded and authorized to receive, and safe keep in his jail or custody, all such parties so committed or to be committed to the prison he shall then be the keeper of, until he, she or they shall perform such order accordingly.
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