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contained shall affect any suit or suits now pending in the name of the present trustees of the village of Rochester.

2. And be it further enacted, That the said village shall be di- 5 wards vided into five wards, in manner following to wit: The first ward Boundaries beginning in the centre of the Genesee river and centre of the Erie 1st ward canal aqueduct, running westwardly in the centre of the Erie canal to the centre of Buffalo-street; thence eastwardly in the centre of Buffalo-street to the west line of the ons hundred acre lot, so called; thence northwesterly on the west line of the one hundred acre lot to the centre of Ann-street; thence eastwardly along the centre of Ann-street to Carrol-street; thence southerly along the centre of Carrol-street to Mumford-street; thence eastwardly along the centre of Mumford-street to Mill-street, in that part of the village formerly called Frankfort; thence southwardly the course of Mill-street to the north line of said one hundred acre lot; thence eastwardly on the said last mentioned line to the centre of Genesee river; thence up the centre of said river to the place of beginning :-the second ward 24′′ward shall contain all that part of said village lying north and west of the first ward, and that part lying north of Buffalo-street not included in the first ward, bounded east by the Genesee river :-and the 3d ward third ward shall contain all that part of said village lying south of the first ward, and bounded on the east by the centre of the Genesee river and the fourth ward shall contain all that part of the 4th ward said village lying south of Main-street, bounded on the west by the centre of the Genesee river :-and the fifth ward shall contain all 5th ward that part of said village lying north of Main-street, bounded west by the centre of the Genesee river.

3. And be it further enacted, That there be, and forever hereaf- Officers ter shall be in and for said village five trustees, one clerk, one treasurer, one collector and two constables, five assessors, one chief engineer of the fire department, and ten fire wardens.

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4. And be it further enacted, That elections for trustees, asses- Election sors, treasurer, constables and collector and fire wardens held in any of the wards in said village, shall be by ballot, and the election by ballot of trustees, assessors and fire wardens, shall be conducted as follows: every person qualified to vote at any such election, who shall offer himself to vote, shall at such election openly deliver his ballot to one of the officers holding the said election, which ballot shall be a pa- Form of ba per ticket, containing the name of one trustee, the name of a person for assessor of the ward in which such elector shall reside, and two persons for fire wardens of the ward in which such clector shall reside, or such and so many of them respectively, as he shall think proper to vote for, designating who is voted for as trustee, also for assessor, and who for fire wardens, and for whom the said elector shall think proper to vote, and the said paper ticket shall be so folded or closed as to conceal the writing thereon, and on the receipt of every such ballot, the officers holding such election shall without suffering the same to be opened or inspected, cause the same to be put into a box to be provided by the board of trustees of said village for that purpose: And further, That the poll of such election shall Poll, how be opened at ten o'clock in the forenoon, and shall coutinue open open until three o'clock in the afternoon of the same day, and no longer; and that the name of each elector voting at such election, shall be Poll-list, how written in the poll-list to be kept at such election by the officers pared

long kept

kept and com

Canvass

Annual elec tion of trus

and fire war

dens

How notified

election

holding the same; and that after finally closing the poll of every such election, the officers holding the same in any of the said wards shall proceed without delay, publicly, first to count the ballots unopened; and if the number of ballots so counted shall exceed the number of electors so contained in the poll-list, the officers holding such election, shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess, and if two or more ballots are found rolled up or folded together, they shall not be estimated; and thereupon the officers holding such election, shall immediately proceed, openly and publicly to canvass and estimate the votes given at such election, and shall complete the said canvass and estimate on the same day, and shall thereupon certify and declare the number of votes given for each person for each respective office, and shall file such certificate in the office of the clerk of said village on the same day; and the persons having the greatest number of votes for each of said offices in each ward, shall be declared to be duly elected to such offices respectively.

5. And be it further enacted, That the freeholders and inhabitants qualified to vote at town-ineetings, who may from time to time tees, assessors reside within the aforesaid limits, may assen ble on the first Monday of May next, and on the first Monday in May in each year forever thereafter, in each of the wards in said village, at such places as the board of trustees of said village shall appoint, and of which place public notice shall be given in writing, at least eight days before such election, in three public places in each of said wards, by the inspectors thereof; and then and there proceed to elect one trustee, one assessor and two fire wardens in each of said wards; and shall proceed to the like election of one trustee, one assessor and two fire wardens in each ward, on the first Monday in May annually thereafter, of which election the trustee and assessor in each ward respectively, for the time being, or such other person or persons as the board of trustees of the village shall for that purpose appoint, shall Inspectors of be inspectors, excepting that the first election in the several wards of the said village on the first Monday in May next, shall be held in such place in each of said wards, and under the direction of such persons as the present trustees of the said village of Rochester may for that purpose appoint as inspectors of such election, and at proper places for holding such first election; and every person offering to Qualification vote at any such election, shall at the time of offering his vote be an actual resident of the ward in which the same is offered, and shall, if required by any person qualified to vote thereat, before he is permitted to vote, take one of the following oaths: "I do solemnly and sincerely promise, swear and declare in the presence of almighty God, or I do solemnly affirm and declare, as the case may be, that I am a natural born or naturalized citizen of the state of New-York, or of one of the United States, and of the age of twenty-one years or upwards, according to the best of my knowledge and belief, and that I am now a resident of the ward of the village of Rochester, and that I have been an inhabitant of this state for one year next and immediately preceding this election, and for the last six months a resident of this village in which I now offer my vote, and that I have within the year next preceding this election, paid a tax to the state or county, assessed upon my real or personal property, or that I am by law exempted from taxation; or being armed and

of voter

Oath

equipped according to law, I have within the last year immediately preceding this election performed military duty in the militia of this state, or that I am exempt from performing militia duty in consequence of being a fireman in the village of Rochester in this state, or that I have been for three years next preceding this election an inhabitant of this state, and for the last year a resident of the village of Rochester, in the county of Monroe, in this state, and that I have been within the last year assessed to labor upon the public highways, and have actually performed such labor or paid an equivalent therefor, according to law, and that I have not been polled before in this village at this election ;" and upon taking such oath he shall be forthwith permitted to vote, and if any person shall knowingly False swear swear falsely in the premises, he shall be deemed guilty of wilful ing declared and corrupt purjury, and punished accordingly, before any court having cognizance thereof.

perjuryj

treasurer

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6. And be it further enacted, That on the first Monday of May Election of aforesaid, and in every year hereafter, the inhabitants of the respec- constables & tive wards in said village, qualified as herein before mentioned, when collector assembled for the purpose of electing the officers herein before mentioned, shall by ballot elect and choose a treasurer, two constables and a collector for said village, for one year then ensuing, and the ballot shall be a paper ticket, containing the name of one person for treasurer, the names of two persons for constables, and one person Form of bal for collector, or such of them as such elector shall vote for, designating on said ticket who is voted for for treasurer, who for consta bles, and who for collector; and the said paper ticket shall be so folded or closed as to conceal the writing thereon, and it shall be delivered to one of the officers holding such election, who without suffering the same to be opened or inspected shall put the same into a box to be provided by the said board of trustees for that purpose, and different from the box in which the ballots for trustees, assessors and Separate box fire wardens shall be put, and a poll-list shall be kept of the persons voting for treasurer, constables and collector, by the officers holding such election; and after closing the poll of any such election, and on the same day, the officers holding such election shall lock the poll- Poll list list in the box containing such ballots, and shall seal the said box in such manner that no ballots can be taken out, or put into said box, without breaking such seal, and on the same day shall deliver said box so sealed and containing such ballots and poll-lists to the clerk Box to be of said village at his office, who shall immediately thereafter, and how disposed on the same day deliver over the same to the trustees, or a majority of of them, (whose duty it shall be to be then and there attending) who shall then and there proceed in an open and public manner, to can- Trustees to vass and examine the said ballots, and the person who upon such canvass, canvass is found to have the greatest number of ballots in the whole village for treasurer, shall by said board of trustees be then and there declared to be the treasurer in and for said village for the year ensu- and declare ing, and any two persons having the greatest number of ballots in the whole village for constables, shall by said board of trustees, be then and there declared to be constables in and for said village, for the year ensuing; and the person having the greatest number of ballots for collector in the whole of said village, shall then and there by said board of trustees be declared collector in and for said village for the year next ensuing: Provided, That either of the constables elect

election

Chief engi neer, how

chosen.

ed may also be elected collector of said village, and possess the like powers and perform the duties, the same as if a different person was elected to said office of collector.

7. And be it further enacted, That on the second Monday in May next, and the second Monday of May annually thereafter, the fire wardens and firemen of the village of Rochester shall proced by ballot to elect some suitable person, being an inhabitant of said village, to fill the office of chief engineer of the fire department in said village for one year next ensuing; and that each of said firewardens and firemen, qualified to vote at such election, who shall offer himself to vote at such election of chief engineer of the fire department, shall openly deliver his ballot to the foreman of the fire companies in said village, who shall ex-officio be Inspectors inspectors of such election, which ballot shall be a paper ticket, containing the name of such person for chief engineer, and the said paper ticket shall be so folded or closed as to conceal the writing thereon, and on the receipt of every such ballot, the officers holding such election shall keep the same in a box to be provided for that purpose, and after the persons authorised to vote as aforesaid, or such of them as choose to vote, shall have completed their ballots and delivered the same as aforesaid, the inspector shall openly and on the same day canvass the said votes, and the person having the greatest number of votes shall be declared and appointed chief engineer of the fire department for the year ensuing, whose duty it shall be to control, superinted and direct every thing appertaining to the fire department in said village; to take the command and direction of the fire companies, and every thing relating to that department when called out for the extinguishment of fires, and also to see that the engines and fire utensils are at all times in complete repair, and make a report every three months to the board of trustees.

Canvass

Duty of chief engineer

Vacancies how filled

Proviso

Not accept

days, deemed a refusal.

8. And be it further enacted, That if any vacancies ahall happen in the officers so to be elected or chosen, as herein before provided, by death, resignation or otherwise, before an annual election shall be held, it shall be lawful for the board of trustees of said village to direct an election to be holden to supply such vacancy, which election shall be held at such time and place as the said trustees shall direct, and in all respects conducted in the same manner as the said annual election, and the said officers thus chosen shall hold their offices until the next annual election; but if no election shall be held as aforesaid, then it shall be lawful for the trustees, or a major part of them, to meet and fill such vacancy: Provided, That no meeting shall be held of the freeholders and inhabitants of said village, unless public notice shall have been previously given as herein before provided.

9. And be it further enacted, That if any freeholders or inhabiing in eight tants of said village shall be elected to either of the offices provided. for by this act, and having notice thereof, shall for the space of eight days refuse or neglect to take upon himself such office, he shall for such neglect or refusal be deemed to have refused to take upon himself such office, and shall incur a penalty not exceeding twentyfive dollars, at the discretion of the court having cognizance of the How recover same, to be recovered in the name of the treasurer of said village, ed & applied for the use of said village, in an action of debt, with costs, to be taxed by the court before whom it may be tried

Penalty

President &

clerk

President

10. And be it further enacted, That the trustees, or a major part of them, within ten days after their election in every year hereafter, shall, and it is hereby made their duty to assemble in some convenient place in said village, and then to choose and appoint some one suitable person of their body to be president of the said board of trustees, and some proper person to be clerk of said board, and to appoint one or more pound-masters, overseers of highways, fence Pound mas viewers, porters, carriers, carters, truck-men, bell-men, common ters, &c. &c. criers, scavengers, measurers, surveyors, gaugers and sextons, or such of them as they shall think proper, and all and every of them so appointed, and accepting, shall be under such regulations as shall be made by the said board of trustees in their discretion. That it Duty of shall be the duty of the said president to preside at the meetings of said trustees, to order extraordinary meetings whenever he may deem it for the interest of the village so to do, to receive complaints of the breach of any of the by-laws; and it shall be the duty of the trustees to see that all the by-laws, rules and regulations are faithfully executed, and to prosecute in the name of the trustees all offending against such by-laws, and to appoint one or more attornies for that purpose; to receive the returns of the fire-wardens, to inspect the utensils belonging to the said village for extinguishing fires, to see the engines and fire utensils, engine-irons, and all the public property belonging to the said village, suitably and properly taken care of and kept in order; and in case of the death, absence or inability of the president to discharge the several duties before mentioned, his place shall be supplied in the manner hereafter to be provided by the by-laws of said corporation: and it shall be the Duty of clerk duty of the said clerk to attend all the meetings of the said trustees, and of the doings, especially of the passing of their by-laws, rules and ordinances, to keep a true and faithful record in a book to be provided by the said trustees; and it shall further be the duty of the said clerk to keep a faithful record of all the doings and votes of the inhabitants of said village at their annual meetings and other legal meetings, in another book to be in like manner provided by said trustees; and the said trustees, orļa major part of them, are hereby authorised to remove or displace the said clerk or other person in this section mentioned, when and as often as they shall think fit, and another in his stead to elect, nominate and appoint, and such clerk, so removed or displaced, shall on the order of said trustees or a majority of them, deliver up to his successor all such records, books and papers and minutes whatsoever as shall be in his custody by virtue of his office, and in case of neglect or refusal so to do, the said clerk shall forfeit and pay such sum, not exceeding one hundred dollars, as the said trustees, or a majority of them, shall impose, to be recovered by action of debt with costs, in the manner herein directed for the recovery of penalties or forfeitures imposed by the bylaws of the said trustees.

appoint fire

men, &c.

11. And be it further enacted, That it shall be lawful for the Trustees to trustees of said village, or a major part of them, to appoint, not exceeding sixty firemen, and ten hook and ladder men, out of the inhabitants of said village, and the same or any of them to remove at pleasure and to appoint others in their stead, for the management and working of the two fire-engines now belonging to said village: Provided however, That whenever the freeholders and inhabitants Proviso

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