Papers Relating to an Act of the Assembly of the Province of New-York / For encouragement of the Indian trade, &c. and for prohibiting the selling of Indian goods to the French, viz. of Canada

by Cadwallader Colden; Great Britain. Board of Trade; Great Britain. Privy Council; New York . Council

AND I do by these Presents assign and appoint, that the present Mayor, Recorder, and Aldermen herein before-mentioned, be the present Justices of the Peace, and Oyer and Terminer, within the said City; and that they and all others that shall be Mayors, Recorders and Aldermen of the said City for the Time being, shall have full Power and Authority, and are hereby impowered and authorized, without any further or other Commission, to be Justices of the Peace, and of Oyer and Terminer, within the said City for ever; and shall also be Justices of the Peace, and the Mayor and Recorder shall be of the Quorum of the Justices of the County Courts, Quarter-sessions, Oyer and Terminer, and Goal Delivery, in the said County of Philadelphia; and shall have full Power to award Process, bind to the Peace or Behaviour, or commit to Prison, for any Matter or Cause, arising without the said City and within the Body of the aforesaid County, as Occasion shall require; and to cause Kalendars to be made of such Prisoners, which, together with all Recognizances and Examinations taken before them, for or concerning any Matter or Cause not determinable by them, shall be duly returned to the Judges or Justices of the said County, in their respective Courts where the same shall be cognizable.

AND that it may be lawful to and for the said Mayor and Commonalty and their Successors, when they see Occasion, to erect a Goal or Prison and Court-house within the said City.

AND that the Mayor and Recorder for the Time being, shall have, and by these Presents have Power to take Recognizance of Debts there, according to the Statute of Merchants, and of Action Burnel; and to use and affix the common Seal thereupon, and to all Certificates concerning the same.

AND that it may be lawful to and for the Mayor of the said City, for the Time being, for ever hereafter to nominate, and from Time to Time appoint the Clerk of the Market, who shall have Assize of Bread, Wine, Beer, Wood, and other Things; and to do, execute and perform all Things belonging to the Clerk of the Market within the said City.

AND I will that the Coroners to be chosen by the County of Philadelphia for the Time being, shall be Coroners of the said City and Liberties thereof; but that the Freemen and Inhabitants of the said City shall from Time to Time, as often as Occasion be, have equal Liberty with the Inhabitants of the said County, to recommend or chuse Persons to serve in the respective Capacities of Coroners and Sheriffs for the County of Philadelphia, who shall reside within the said City.

AND that the Sheriff of the said City and County for the Time being, shall be the Water-Bailiff, who shall and may execute and perform all Things belonging to the Officer of Water-Bailiff, upon Delaware River, and all other navigable Rivers and Creeks within the said Province.

AND in Case the Mayor of the said City for the Time being, shall, during the Time of his Mayoralty, misbehave himself or misgovern in that Office, I do hereby impower the Recorder, Aldermen and Common-council Men, or five of the Aldermen and nine of the Common-council Men of the said City of Philadelphia, for the Time being, to remove such Mayor from his Office of Mayoralty; and in such Case, or in Case of the Death of the said Mayor for the Time being, that then another fit Person shall, within four Days next after such Death or Removal, be chosen in Manner as is above directed for electing of Mayors, in the Place of him so dead or removed.

AND lest there should be a Failure of Justice or Government in the said City, in such Interval, I do hereby appoint, That the eldest Alderman for the Time being, shall take upon him the Office of a Mayor there, and shall exercise the same till another Mayor be chosen as aforesaid; and in Case of the Disability of such eldest Alderman, then the next in Seniority, shall take upon him the said Office of Mayor, to exercise the same as aforesaid.

AND in Case the Recorder, or any of the Aldermen or Common-council Men of or belonging to the said City, for the Time being, shall misbehave him or themselves in their respective Offices and Places, they shall be removed and others chosen in their Stead, in Manner following, that is to say, The Recorder for the Time being, may be removed (for his Misbehaviour) by the Mayor, and two thirds of the Aldermen and Common-council Men respectively; and in Case of such Removal or of the Death of the Recorder, then to chuse another fit Person skilled in the Law, to be the Recorder there, and so to continue during Pleasure as aforesaid.

AND the Alderman so misbehaving himself, may be removed by the Mayor, Recorder and nine of the Aldermen and Common-council Men; and in Case of such Removal or Death, then within four Days after, to chuse a fit Person or Persons to supply such Vacancies; and the Common-council Men, Constables, and Clerk of the Market, for Misbehaviour, shall be removed and others chosen, as is directed in the Case of Aldermen.