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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 86. The engineer

$ 6. The engineer of the fire department, fire wardens, and firemen. 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.

8 5. This act shall take effect immediately.

Claim to be

| 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 : to be § 1. The canal board are authorised and required to investigate examined. 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 war

rant of the auditor of the canal department. Saving

8 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.

8 4. This act shall take effect immediately,

Payment.

clause.

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.

8 1. The district of country contained within the following Roundaries 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 easterly 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." $ 2. The inhabitants of said city shall be a corporation by the

Corporate name of “The City of Utica,” and may sue and be sued, complain names 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. $ 3. The said city shall be divided into six wards, as follows: City

City divided The part thereof lying northerly of the Erie canal and easterly of into sis 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.

wards.

Officers.

tion.

TITLE II.
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, marsbal, street com-
missioner, 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 offi-
cers shall be, in each ward two aldermen, one assessor, one col-
lector, one constable, so many inspectors of election as shall be re-
quired 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 compris-
ing 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 Con stables.

or more of the constables of the city to attend to such police du

ties as it may charge them with Annual elec- $ 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. Ballots. $ 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 written. They shall be deposited by the inspectors of the election in separate boxes, one to contain those endorsed “city," and one

those endorsed “ ward." Vacancies $ 8. If there be one or more vacancies to be supplied in any now suppl- 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.

8 9. Upon the canvass of the votes in each election district

being completed, the inspectors thereof shall cause a statement by canvass beim wmpiciou, LG mope

thereof to be made and signed by them, and shall on the same daterinine.

day or the next day thereafter, file the same with the clerk of the

Statements to be made

ers and council to

city. The clerk shall present the statement to the common council at a meeting to be held for the purpose, on the Friday succeeding the election. The common council shall thereupon determine who by a plurality of votes are elected to fill the offices voted for, and make and subscribe a certificate thereof in the book of record of its proceedings. The clerk shall thereupon serve upon each person elected to an office, either personally or at his place of residence, a notice of his election.

8 10. All officers elected by the electors of the city, shall enter Officers upon the duties of their offices on the Tuesday succeeding their when to en

ter on their election, and continue in office until the Tuesday succeeding the duties. next annual city election, excepting the recorder, justices of the peace and aldermen. The recorder and justices of the peace shall enter upon the duties of their offices on the first day of January succeeding their election, and continue in office four years from that day, unless elected to fill vacancies in the term of a former incumbent, when they shall enter upon the duties of their offices as soon as qualified, and discharge them for the unexpired term of such former incumbent. Aldermen shall enter upon the duties of their office on the Tuesday succeeding their election, and except as hereinafter provided, shall continue in office until the Tuesday succeeding the second annual city election thereafter. One of the aldermen elected in each ward at the first city election after this act takes effect, shall continue in office but one year. At the first meeting of the common council elected at such election, it shall be determined by lot which alderman in each ward shall continue in office for one and which for two years. An alderman elected to fill a vacancy in the term of a former incumbent, shall hold his office during such term.

$11. All officers of said city shall continue in office until their To continue successors are elected or appointed, and have taken their oaths and suc:

cessors are of office and become qualified to serve therein. All officers here-appointed. tofore elected in said city, whose term of office has not expired, shall continue in office for the term for which they were elected.

$ 12. The treasurer, clerk, city attorney, collectors and street certain offi. commissioners, and such other officers or servants of the corpor- bond. ation as may by ordinance or resolution of the common council be thereto required, shall severally, before they enter upon the duties of their offices, file with the clerk, a bond to the city of Utica, in such penalty and with such sureties as the common council shall direct, the sureties to be approved by the common council, conditioned that they shall faithfully perform the duties of their respective offices, and account for and pay over all moneys to be received by them by virtue thereof. § 13. Every person elected justice of the peace, or constable in Security to

be given for said city, shall, before he enters upon the duties of his office, with the payment two or more sureties, to be approved by the common council, ex-of moneys. ecute in the presence of the clerk, an instrument in writing, by which such justice or constable, and his sureties shall jointly and severally agree to pay to each and every person who may be en

[graphic]

cers to

give

Officers.

TITLE II.
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 com-
missioner, 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 offi-
cers shall be, in each ward two aldermen, one assessor, one col-
lector, one constable, so many inspectors of election as shall be re-
quired 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 compris-
ing 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.

Con stables.

tion.

Ballots.

les $ 5. The common council may, from time to time, designate one

or more of the constables of the city to attend to such police du..

ties as it may charge them with. Annual elec- $ 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.

8 7. The elector's 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 written. 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 We 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 $ 9. Upon the canvass of the votes in each election district to be made by canvass

8. being completed, the inspectors thereof shall cause a statement ers and 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

Vacancies how supplied.

council to

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