Commis

Excise.

officio to preside at the Board of Supervisors. Each annual Board of Supervisors is directed to appoint a clerk, to hold during pleasure; but the common clerk under the charter, (and who is now, after being stripped of much of his original duty, reduced down to be the clerk of the Court of Common Pleas) is still, by virtue of the charter, clerk of the Board of Supervisors. He is, in fact, the residuary legatee of all the clerical power and duties appertaining to the office of clerk under the charter, and not taken away by the constitution, or by subsequent acts. (See note 42, p. 74, T. T.)

Each member of the Board of Supervisors is allowed for his services and expenses in attending the meetings of the Board, at the rate of two dollars per day, and if any supervisor refuses or neglects to perform any of the duties required of him as a member of the Board, he forfeits for every offence $250. (R. S. vol. 1. 368, sect. 15, 16.) The provision for compensation cannot apply to the Mayor, for he has a salary by law, in lieu of all fees and perquisites, (Vide Supra, p. 66, note 38, P. P.)

(2.) The Mayor, together with the Alderman and Assistant Alderman of each ward, are commissioners of excise for the ward, and they are to determine upon the propriety of issuing, and to issue and sign licenses to persons as they shall deem fit and proper, as venders sioners of or dealers of strong or spirituous liquors in the ward in which the Alderman and Assistant reside, or to keep an inn or tavern, or public ordinary or victualling house within the ward. They are the commissioners for collecting the duty of excise from such venders or dealers. No licenses are to continue and be in force for a longer term than the first day of May next succeeding the time they take effect; and none are to be granted but to persons of good moral character, and

who are citizens of the United States, except that license may be granted to such persons as were licensed for the purpose on the 10th of April, 1824.

The Mayor, together with the Alderman and Assistant Alderman of the ward, may hear and determine, in a summary way, any complaint which may be preferred against any tavern-keeper, grocer, or keeper of any ordinary or victualling house, or public garden in the ward in which such Alderman and Assistant Alderman reside, for permitting riotous or noisy persons to be assembled in his house, out-house, garden or premises on Sunday; or who shall sell, or suffer to be sold, or exposed to sale on that day, any strong or spirituous liquors; or for permitting or suffering any excessive drinking, or persons to be drunk within such house, garden or premises; or who shall, on any day, quarrelling,

permit any manner of unlawful gaming any day,

or disorderly practice or conduct; or keeping any billiard table, or any other instrument or device for gaming; or knowingly harboring or entertaing persons of ill fame or character in any such house or premises. And in case they shall judge it proper, they may deprive every such person of his license.

The act of the majority of them is valid and sufficient in all such cases. (Act of April 10th, 1824, ch. 215, sect. 1, 7, 9; act of April 16, 1825, ch. 196; Charter, sect. 25, and note 39, Q. Q.; Supra, pa. 68.)

CHAPTER III.

OF THE POWER, DUTIES AND AUTHORITY OF THE ASSISTANT ALDERMEN.

The Assistant Aldermen form a co-ordinate and ́ equal branch of the Common Council, under the name

of the Board of Assistants. Their legislative powers as a Board, are in all respects the same as those of the Board of Aldermen, and they are detailed in the act of April 7, 1830, amending the charter.

The powers and duties of the Assistant Aldermen are almost exclusively legislative, and confined to the Board of Assistants. They are not magistrates, for they have no judicial and very little executive power. They are associated with the Mayor and the Alderman of the ward for which they are chosen Assistants, as commissioners of excise for granting licenses for vending strong and spirituous liquors within the ward, and for recalling the same for just cause. The exercise of this power was sufficiently considered when treating of the same power vested in the Aldermen.

"

I am not aware that the Assistant Aldermen have any other existing power whatever out of the Board of Assistants, founded upon the charter, or upon statute. The ordinances of the Common Council confer upon them some authority, such as settling, together with the Aldermen, disputes arising concerning partition fences and partition walls within the ward; and to be present at fires with the insignia of office, and to assist and give orders for the preservation of the peace, and the protection of property. (See Corporation ordinances, pa. 159, 160, 146, 148, edit. 1834.

The official duties of the Assistant Aldermen being essentially confined to the Board of Assistants, the office, I should suppose, would be pleasant and desirable to persons of leisure, of intelligence, and of disinterested zeal for the wise and just regulation of the public concerns of the city. The legislative powers of the Common Council assume a very grave importance, when we consider that their ordinances affect, much more than the whole legislation of the state, the infinitely diversified details of common business in

this city, and the ordinary security and comforts of domestic life. Their local laws bear upon vast masses of property, and, in their operation, touch ten thousands springs of action.