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cond Tuesday of May next, and then and there proceed to elect five discreet freeholders, residents within the said village, to be trustees thereof, who, when chosen, shall possess the several powers and rights herein after specified, and such justice or justices shall preside at such election, and declare the persons having the greatest number of votes, duly elected trustees : and op every second Trusteesi Tuesday in May, after the first election of trustees, there shall, in like manner, be a new election of trustees for said village, and the trustees for the time being, shall perform the duties required from the said justice or justices, in respect to notifying meetings, and presiding al such elections.

II. And be it further enacted, That all the freeholders and inhabitants residing in said village limits, be, and they are hereby corporated" cousituled, ordained and declared to be from time to time, and forever hereafter, a body politic and corporate, in name and in faci, by the name and style of Trustees of the village of Fort-Style and ge; Ann," and by that name, they and their successors forever shall

neral powers may have perpetual succession, and be persons in the law capable of suing and being surd, and of defending and being defended, in all courts and places whatsoever, and in all manner of actions, causes and complaints whatsoever; and that they and their successors inay have a common seal, and may change and alter the same at pleasure, and shall be in law capable of purchasing bold. ing and conveying any estate, real or personal; for the public use of said village, and for erecting any buildings, aqueducts, and diging any reservoris for water for the use of said village, and for keeping in repair such buildings, aqueducts and reservoirs ; for purchasing and keeping in repair fire engines, ladders, buckets and other instruments for extinguishing fire, for improving the streets, and for making any other regulations for preventing and extinguishing fires--preventing and removing nuisances, and for raising a sumn by tax, for the purposes aforesaid, not exceeding two bundred dollars in any one year : Provided nevertheless, That no Proviso: monies shall be raised, assessed or collected for the

purposes

aforesaid, and purchase or sale of any real estate be made, and no buildings or reservoir be made or disposed of, without the consent and approbation of the freeholders and legal voters of said village, or a major part of them, in open meeting, duly notiôed by the said trustees, by written or printed notices, to be pat up in three public places in said village, at least one week previous to such meeting : And provided further, That any monies to be raised for Further pre improving the streets as aforesaid, shall be assessed, levied and collected in a just and equitable manner, of and from the owners and occupants of all the houses and lots adjoining such street or streets so to be improved, in propotion, as nearly as may be, to the advantages which each be deemed to acquire respectively, any thing in this act to the contrary notwithstanding.

III. And be it further enacted, That it shall be lawful for the powers of trustees, or a major part of them, and their successors, to make, ordain, constitute and publish such prudential by-laws, rules and regulations as they from time to time shall deem meet and proper, and for the benefit of the said village, relating to the objects in the next preceding section, and such in particular as may relate to the restraining of geese, swine, horses or cattle of any kind, and

viso.

trustees

Proviso.

Fire wardens

Treasurer & collector.

relative to any thing whatsoever that may concern the public and good government of said village, and not inconsistent with the laws of this state or of the United States ; and it shall be lawful for the trustees, or a major part of them, to ordain, constitute and publish such fines and forfeitures, for the breach of any such by-laws, rules and regulations as they may deem expedient : Provided nevertheless, That no such fines or forfeitures shall be inflicted, over and above the sum of one dollar, for any one offence against said bylaws.

IV. And be it further enacted, That it shall be the duty of the Taxes how said trustees and their seccessors, to assess on the freeholders and regulated.

inhabitants, living in said village, the amount of the taxes which the freeholders and inhabitants shall, at any time of their said meetings determine, to be raised, levied or collected, in proportion to the property included within the limits of said corporation, of the inhabitants so to be assessed, and the advantages they shall respectively derive froin said tax ; and they shall also execute the ofiice of fire wardens of said village, in case of fire : Provided, That if any person shall deem himself or berself aggrieved by any such assessment as aforesaid, it shall be lawful for any

such

person to appeal from the determination of the trustees, to any three justices of the peace in said county, giving notice to said trustees of such appeal, and the time and place for determining thereof by said justices, who shall bear the same, and do therein what to jusrice shall appertaio.

V. And be it further enacted, That the freeholders and inhabu itants qualified to vote for trustees, as aforesaid, at their annual meetings shall, and they are hereby authorised to choose one treasurer and one collector, being freeholders of said village ; and in case a' vacancy should happen in either of the said offices, by death, removal froin said village, or refusal to serve, the trustees shall have the power of appointing some other freeholder of said village, lo supply such vacancy until the next annual meeting; and the

person so appointed, shall be liable to the same penalties and restrictions, as if duly elected at the annual meeting.

VI. And be it further enacted, That the trustees, treasurer and collector shall, before they proceed to execute their respective offices, and within ten days after their election, respectively take and subscribe an oath or affirmation, before any justice of the peace

of said county, for the faithful execution of the office or trust to which they may be severally elected : Provided nevertheless, That the said treasurer and collector, before they take the oath or affirmation aforesaid, shall respectively give security to the trustees of the said village, for the discharge of their respective duties, in such sum as a majority of them shall deem sufficient.

Vil. And be it further enacted, That it shall be lawful for the said trustees of said village, or a inajority of them, to appoint not exceeding twenty-five firemen, out of the inhabitants of the said village, and the same, or any of them, to remove at pleasure, and appoint others in their stead, to regulate the times of meeting and exercise of said company of firemen, to appoint their captain, and other officers, and to make such laws, rules and regulations for the government of said company, and inflict, ordain and establish such penalties for breaking or disobeying such by-laws, rules and reg.

Totakeu oath.

Firemen.'

ulations, as they may deem expedient: Provided, That no fine or penalty shall be inflicted on any fireman, exceeding one dollar for any one offence, and that the trustees shall have the

power

of mitting such fines and penalties, whenever a majority of the in shall

re

deem it proper.

President of

clerk.

VIII. And be it further enacted, That the trustees, within twenty days after their election, or a major part of them, shall, and trustees, and it is hereby made their duty, to assemble at some convenient place in said village, and there to choose and appoint some one suitable person of their body to be president of the board of trustees, and some other suitable person to be clerk of said board of trustees; and it shall be the duty of said president to preside at the meetings of their duty, trustees; to order extraordinary meetings whenever he may conceive it for the benefit of said village ; to see that all laws and regulations of said village are enforced and faithfully executed ; to prosecute in the name of the trustees, all offences against or violations of the laws, ordained and published as aforesaid ; to keep the seal of said village, and to affix it, together with his sigrature, to all such rules and regulations, as a majority of the trustees shall deein proper ; and in case of the death, removal, or inability of the president to discharge the duties of his office, it shall be the duty of the treasurer to notify the other trustees of such removal, or inability, who shall, within ten days thereafter, meet and elect another president of their body, to hold his office until the next annual meeting ; and it shall be the further duty of the said president to take care of, and preserve all the property belonging to said corporation ; to preside over all public meetings of said village, and to do all other things proper for the president of the said village to do; and it shall be the duty of the clerk to keep the minutes of all such votes, rules, orders, and regulations as are made by the freeholders and inhabitants of said village, at their public meetings, and also to attend the meetings of the trustees, and record all bylaws, rules and regulations passed by them; and the trustees shall bave the power to remove such clerk, and appoint another in his stead, pro tempore ; and the clerk shall receive such compensation for his services as the trustees shall deem sufficent, to be paid out of the funds of the village.

IX. And be it further enacted, That the collector shall, within Collector's such time as shall be hereafter limited by the by-laws of the corporation, after the receipt of his warrant for collecting any tax that may have been ordered to be raised, collect and pay over the same to the treasurer, and that the collector shall have and exercise the same power in collecting said taxes hy distress and sale, as the several collectors of towns have in the levying and collecting of taxes, and that all monies which may at any time be in the hands of the treasurer, shall be liable to be drawn out by the trustees or drawn. a majority of them, and applied agreeable to the provisions of this

duty.

Monevs how

act.

.

X. And be it further enacted, That the said trustees shall kerp Accounts to an account of their necessary disbursements, and on exhibiting the be kept, and same to the treasurer, shall be entitled to receive the aniount thereof out of any monies in the treasury ; and the treasurer and colJector shall receive for their several services, such suitable compen,

Fines how collected,&c.

Fines to

Duration of office.

sation as the freeholders and inhabitants of said village shall in their annual meeting determine; and that every fine and penalty imposed agreeable to the provisions of this act, may be sued for and recovered in the name of the trustees, in any action of debt, and to declare generally that the defendant is indebted to them by virtue of this act.

XI. And be it further enacted, That all fines, penalties and whom paid. forfeitures, ant all monies obtained in any manner whatsoever, by

virtue of this act, shall be paid into the hands of the treasurer, for the use of the said village ; and the treasurer shall and he is hereby authorised, in case any person, having received any money, by virtue of this act; to and for the use and benefit of said villaye, shall refuse or neglect to pay the same to him, to prosecute every such offender in the name of the trustees of said village for monies had and received to and for the use of said village.

XII. And be it further enacted, That the trustees, treasurer and collector, to be elected by virtue of this act, shall hold their respective offices until the second Tuesday of May next after their election as aforesaid, and until a new election shall be made pursuant to this act, and until the officers so last chosen, shall take and subscribe the oath or affirmation, and give the security re

quired by this act, Competency XIII. And be it further enacted, That any justice of the peace o jurors, kcc. of said county of Washiugton, residing in said village of Fort Ann,

and any freeholder or inhabitant of said village of Fort Ann, shall be and hereby are declared competent respectively, to try or serve as jurors, or give testimony in any cause wherein the said trustees are parties, notwithstanding any remote interest they may have in the event of such suit, as members of the corporation of said vil-:

lage. Highway XIV. And be it further enacted, That at least one third of the taxes.

highway taxes to be hereby assessed upon the inhabitants of said town residing in said village, be laid out under the directions of the said trustees, or a majority of them, within the limits of said corporation : And further. That the commissioners of highways of said town, be and they are hereby authorised to allow inore than the said one third of the said highway taxes, to be assessed upon the inhabitants of said town residing in said village, to be laid out within the limits of said corporation : Provided. the said commis. sioners, or a majority of them, shall concrive that inore than the said one third thereof ought reasonably to be laid out within said. limits.

XV. And be it further enacted, That this act shall be and is Public act.

hereby declared a public act.

Proviso,

CHAP. LVII.

AN ACT repealing the eleventh section of the act, entitled An

act for regulating Trials of Issues, and for returning able and sufficient Jurors," passed February 25th, 1813, so far us the same may affect or apply to u Court of Oyer and I'erminer herein after mentioned.

Passed March 7, 1820. BE it enacted by the People of the State of New-York, re- Certain sec; presented in Senate and Assembly, That the eleventh section of as it relates to the act, entitled “ An act for regulating trials of issues, and for a court in returning able and sufficient jurors,” passed February 25th, 1813, shall be and the same is hereby repealed, so far as the same inay apply to a court of oyer and terminer appointed to be held in and for the county of Rensselaer, on the twenty-first day of March, one thousand eight hundred and twenty.

Rensselaer.

CHAP. LVIII. ;

hibited.

AN ACT to prevent the Fishing with Nets or Seines in certain parts of the Nine-Mile-Creek, in the county of Onondaga.

Passed March 7, 18:20. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the first Fishing with day of May next, it shall not be lawful for any person or persons whatsoever, to fish with nets or seines in the Nine-mile-creek, below the mill dam of Jonathan Russell, in the town of Marcellus, in the county of Onondaga, and any person offending herein shall, for every such offence, forfeit the sum of ten dollars, to he recovered by any person who will sue for the same, by an action of debt, with costs, before any court having cognizance thereof.

CHAP. LIX.

AN ACT in addition to an Act, entitled An act for the In

spection of Fish, in the county of Jeffersoni,pussed April 15, 1818,

Passed March 7, 1820. 1. BE it enacted by the People of the State of New-York, re- Inspection of presented in Senate and Assembly, That from and after the pass- ter use. ing of this act, it shall and may be lawful for the inspectors or in spector of fish, in the county of Jefferson, to inspect fish for winters use, to be denominated and branded Corned Fish ; and in all other respects to be inspected and branded in like manner as is provided by the act for the iuspection of fish, passed March nineteenth, in the year one thousand eight hundred and eight, except as is hereby amended.

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