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firemen.

side at its meeting; the common council shall also appoint a health physician, and may appoint as many health inspectors as they may deem necessary, and shall prescribe by ordinance the powers and duties of the board and its members, and of the physicians and inspectors, and allow and pay to the health officers a reasonable compensation for their services.

§ 4. The sixth section of title eighth of said act is hereby amended so as to read as follows:

Privileges of 6. The engineer of the fire department, fire wardens, and all firemen, hook and ladder, hose and tub, bag and axe men of the city shall be exempt from serving on juries in all courts, and from serving in the militia, except in case of war, invasion, insurrection, and from the payment of poll tax. The name of each person appointed to any of the said offices or posts, shall be registered with the clerk of the city, and the evidence to entitle him to any exemption, provided in this section, shall be the certificate of the clerk made within the year in which that exemption is claimed.

Claim to be examined.

Payment.

Saving clause.

§ 5. This act shall take effect immediately.

Chap. 183.

AN ACT for the relief of Zebulon Moore.

Passed March 31, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The canal board are authorised and required to investigate and ascertain the unsettled just claims if any of Zebulon Moore, for extra work done by him in the winter of one thousand eight hundred and forty-six, and one thousand eight hundred and fortyseven, in pursuance of the directions of the engineer having charge of the work in constructing the locks on the Crooked Lake canal. § 2. The amount, if any awarded to the said Zebulon Moore under this act, shall be paid to him by the treasurer, on the warrant of the auditor of the canal department.

§ 3. Nothing in this act shall authorise the canal board to pass upon any claim of the said Zebulon Moore, heretofore submitted to and passed upon by them.

§ 4. This act shall take effect immediately.

Chap. 184.

AN ACT to amend and consolidate the several acts relating to the city of Utica.

Passed March 31, 1849, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

TITLE I.

OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY.

§ 1. The district of country contained within the following Boundaries boundaries, to wit: Beginning at the point in the middle of the Mo- of this city. hawk river where the division line between the lots number ninety-nine and one hundred in Cosby's manor crosses it, and thence running southerly on said division line to a point two hundred rcds southerly of the southerly line of Varick street, thence east, erly at right angles from said division line to the easterly line of Oneida county, thence northerly on the county line to the middle of the Mohawk river, thence up the middle of the river to the place of beginning, shall hereafter be known as "The City of Utica."

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§ 2. The inhabitants of said city shall be a corporation by the name of "The City of Utica," and may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure, and may receive by gift, grant, devise, bequest, or purchase, and hold and convey such real and personal estate as the purposes of the corporation may require.

Corporate

name.

wards.

§3. The said city shall be divided into six wards, as follows: City divided The part thereof lying northerly of the Erie canal and easterly of into six the middle of Genesee street shall be the first ward; the part thereof lying northerly of the Erie canal and westerly of the middle of Genesee street shall be the second ward; the part thereof lying southerly of the Erie canal and westerly of the middle of Genesee street and easterly of the Chenango canal shall be the third ward; the part thereof lying southerly of the Erie canal, easterly of the middle of Genesee street and westerly of a line passing from the Erie canal southerly through the middle of John street to the middle of Rutger street, thence through the middle of Rutger street to the middle of West street thence through the middle of West street to the city line, shall be the fourth ward; the part thereof lying southerly of the Erie canal and easterly of the fourth ward shall be the fifth ward; the part thereof lying southerly of the Erie canal and westerly of the third ward shall be the sixth ward.

Privileges of firemen.

Claim to be examined.

Payment.

Saving clause.

side at its meeting; the common council shall also appoint a health physician, and may appoint as many health inspectors as they may deem necessary, and shall prescribe by ordinance the powers and duties of the board and its members, and of the physicians and inspectors, and allow and pay to the health officers a reasonable compensation for their services.

§ 4. The sixth section of title eighth of said act is hereby amended so as to read as follows:

§ 6. The engineer of the fire department, fire wardens, and all firemen, hook and ladder, hose and tub, bag and axe men of the city shall be exempt from serving on juries in all courts, and from serving in the militia, except in case of war, invasion, insurrection, and from the payment of poll tax. The name of each

person appointed to any of the said offices or posts, shall be registered with the clerk of the city, and the evidence to entitle him to any exemption, provided in this section, shall be the certificate of the clerk made within the year in which that exemption is claimed.

§ 5. This act shall take effect immediately.

Chap. 183.

AN ACT for the relief of Zebulon Moore.

Passed March 31, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The canal board are authorised and required to investigate and ascertain the unsettled just claims if any of Zebulon Moore, for extra work done by him in the winter of one thousand eight hundred and forty-six, and one thousand eight hundred and fortyseven, in pursuance of the directions of the engineer having charge of the work in constructing the locks on the Crooked Lake canal. § 2. The amount, if any awarded to the said Zebulon Moore under this act, shall be paid to him by the treasurer, on the warrant of the auditor of the canal department.

§ 3. Nothing in this act shall authorise the canal board to pass upon any claim of the said Zebulon Moore, heretofore submitted to and passed upon by them.

§4. This act shall take effect immediately.

Chap. 184.

AN ACT to amend and consolidate the several acts relating to the city of Utica.

Passed March 31, 1849, "three-fifths being present."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

TITLE I.

OF THE BOUNDARIES AND CIVIL DIVISIONS OF THE CITY.

Boundaries

§ 1. The district of country contained within the following boundaries, to wit: Beginning at the point in the middle of the Mo- of this city. hawk river where the division line between the lots number ninety-nine and one hundred in Cosby's manor crosses it, and thence running southerly on said division line to a point two hundred rcds southerly of the southerly line of Varick street, thence east. erly at right angles from said division line to the easterly line of Oneida county, thence northerly on the county line to the middle of the Mohawk river, thence up the middle of the river to the place of beginning, shall hereafter be known as "The City of Utica."

Corporate

§ 2. The inhabitants of said city shall be a corporation by the name of "The City of Utica," and may sue and be sued, complain name. and defend in any court, make and use a common seal, and alter it at pleasure, and may receive by gift, grant, devise, bequest, or purchase, and hold and convey such real and personal estate as the purposes of the corporation may require.

wards.

§3. The said city shall be divided into six wards, as follows: City divided The part thereof lying northerly of the Erie canal and easterly of into six the middle of Genesee street shall be the first ward; the part thereof lying northerly of the Erie canal and westerly of the middle of Genesee street shall be the second ward; the part thereof lying southerly of the Erie canal and westerly of the middle of Genesee street and easterly of the Chenango canal shall be the third ward; the part thereof lying southerly of the Erie canal, easterly of the middle of Genesee street and westerly of a line passing from the Erie canal southerly through the middle of John street to the middle of Rutger street, thence through the middle of Rutger street to the middle of West street thence through the middle of West street to the city line, shall be the fourth ward; the part thereof lying southerly of the Erie canal and easterly of the fourth ward shall be the fifth ward; the part thereof lying southerly of the Erie canal and westerly of the third ward shall be the sixth ward.

1

TITLE II.

Officers.

Con stables.

Annual elec-
tion.

Ballots.

Vacancies

ed.

OF THE OFFICERS OF THE CITY, THEIR ELECTION AND TERM
OF OFFICE.

§ 4. The officers of the city shall be denominated city officers and ward officers. The city officers shall be a mayor, recorder, treasurer, city surveyor, overseer of the poor, marshal, street commissioner, and four justices of the peace, who shall be elected by ballot by the electors of the city, and a clerk and chief engineer who shall be appointed by the common council. The ward officers shall be, in each ward two aldermen, one assessor, one collector, one constable, so many inspectors of election as shall be required by the laws relative to elections, and in the first ward and second ward each, one supervisor, in the district comprising the third and sixth wards one supervisor, and in the district comprising the fourth and fifth wards one supervisor. The ward officers shall be elected by ballot by the electors of the ward in which they

vote.

§ 5. The common council may, from time to time, designate one or more of the constables of the city to attend to such police duties as it may charge them with.

§ 6. An election for officers of the city, to be called the city election, shall be held annually on the first Tuesday in March, at such places as the common council shall, from time to time, appoint. It shall be conducted in all respects in the manner general elections in cities are by law required to be conducted, and all the provisions of law relative to such elections, shall be applicable to the city elections, except that the polls shall be opened at nine o'clock in the forenoon, and be closed at four o'clock in the afternoon.

§ 7. The electors at the city election shall vote for city officers to be elected upon a ballot endorsed "city," and for ward officers to be voted for in the ward wherein the electors reside, upon a ballot endorsed "ward." Each ballot shall designate the office to which each person voted for is intended to be chosen. The ballots may be printed or written, or partly printed and partly writ ten. They shall be deposited by the inspectors of the election in separate boxes, one to contain those endorsed "city," and one those endorsed "ward."

§ 8. If there be one or more vacancies to be supplied in any how suppli- office where the full term of the office shall be more than one year, it shall not be necessary to designate on the ballot for which term the person voted for is intended, but it shall afterwards be determined by lot by the clerk of the city, in the presence of the common council, for which term the persons respectively elected shall serve.

Statements
to be made

by canvas.

§ 9. Upon the canvass of the votes in each election district being completed, the inspectors thereof shall cause a statement thereof to be made and signed by them, and shall on the same determine. day or the next day thereafter, file the same with the clerk of the

ers and
council to

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