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any estate, real or personal, for the public use of said village; and erecting any buildings or aqueducts, and digging any reservoirs for water, for the use of the said village, and for keeping in repair such aqueducts, buildings and reservoirs ; of purchasiog and keeping in repair, fire engines, ladders, buckets and other instruments, for extinguishing fires, for improving the streets, erecting hay-scales, and for making any other regulations; for preventing and extinguishing fires, and preventing and removing guisances ; and for raising a sum by tax for the purposes aforesaid : Provided, that no tax shall be levied, or money raised, assessed or collected, for the purposes aforesaid, and purchase or sale of any real estate be made, and no building or reservoir be made, or disposed of, without the consent of the freeholders and inhabitants of said village, or the major part of them, at the annual mceting for the election of trustees, first obtained.

III. And be it further enacted, That it shall and may be lawful for the trustees of said village, or a major part thereof, and for their successors

in office forever, to make, ordain, coustitute and publish such prudeuBy-laws to tial by-laws, rules and regulations, as they from time to time shall

deem meet and proper, and such in particular as relate to public markets within said village ; relative to the streets, alleys and highways therein ; and draining, filling up, paving, flagging, keeping in order and improving the same ; relative to slaughter houses, and ouisances generally ; relative to a town watch, and lighiing the streets of the said village ; relative to the number of taverns or inns to be licensed in the said village; relative to the restraining of geese, horses, swine, sheep, or cattle of any kind ; relative to the inspection of weights and measures ; and relative to erecting and regulating hay scales ; and relative to any thing whatsoever, that may concern the public, and good government of the said village ; but no such by-laws shall extend to the regulating or ascertaining the prices of any commodities, except the article of bread, that may be offered for sale: Provided, that such by-laws be not contrary to, or incousistent with the laws and statutes of this state, or of the United States.

IV. And be it further enacled, That the said trustees, or a

major part of them, as often as they shall make, ordain and publish Fines may, any such by-laws for the purposes aforesaid, may make, ordain, limit be junpoeed.

and provide, such reasonable fines, agaiost the offenders of such laws, as they may deem proper, vot exceeding twenty-five dollars for any one offence, to be prosecuted and recovered by action of debt, before any justice of the peace, with costs of suit, by and in the name of the trustecs, for the use of said corporation ; in which action it shall be sufficient to declare generally, that the defendant or defendants is or are iadebied to the trustees of the yiilage of Bath, in the amount of the debt, penalty, fine or forfeiture, by virtue of this act to be paid to the said trustees for the time being, when thereunto required, and under such declaration to give the special matter in evidence.

V. And be it further enacted, That the freeholders and inhabit. ants, qualified to vote for trustees as aforesaid, at their appual to meeting, shall, and they are hereby authorised to chocse, one treas.

urer and one collector, being freeholders of said village, and the

lliers to he chosen.

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shall

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person having the greatest number of votes for each office respectively, shall be deemed duly chosen ; and in case a vacancy shall happen, in either of the above offices, by death or removal from said village, or refusal to serve, the trustees shall have the power of appointing some other freeholder of said village to supply such vaancy; 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 subscribe an and subscribe an oath or affirmation, before any justice of the peace oath. of the said county of Steuben, for the faithful execution of the office or trust to which they may be severally elected : Provided neverthrless, that the said treasurer and collector, before they take the oath or affirmation aforesaid, shall respectively give securities, to the trustees of said village, for the respective discharge of their respective offices, in such sum as a majority of them shall deem sufficient.

VII. Anul be it further enacted, That it shall be lawful for the trustees of said village, or a majority of thein, to appoint pot exceeding twentyfive firemen, out of the inhabitants of said village, and the same or Firemen. any of them to remove at pleasure, and to appoiot others in their stead; to regulate the times of meeting and exercises of said company of firemen, to appoint their captain and other officers, and to make such by-laws, rules and regulations for the government of said company, and inflict, ordain and establish such penalties for the breaking or disobeying such by-laws, rules and regulations, as they may deem expedient: Providell, that no fine or penalty shall be inflicted on any firemen, exceeding two dollars for any one offence, and that the trustees shall have the power of remitting such fines and penalties, whenever a majority of them shall deem it proper.

VIII. And be it further eracied, That it shall be the duty of the said trustees and their successors, appually to assess on the several Taxes. inhabitants and freeeholders living in the said village, the amount of the taxes which the freeholders and inhabitants shall, at their annual meetings, determine to be raised, levied or collected, io proportion to the property and situation of the inhabitants so to be assessed, and the advantages they shall respectively derive from said tax; and they shall also execute the dušies of fire-wardens of said village. in cases of fire : Provided, that if any person shall deem bimself or herself aggrieved by any such assessment as aforesaid, it shall be Jawful for any such person to appeal from the determination of the trustees to any three justices of the peace in the said county of Steuben, giving notice to the said trustees of such appeal, and of the time and place for determining thereof, by such justices, who shall hear the same, and to do therein what to justice shall appertaiu.

IX. And be it further enacted, That the trustees, within twenty days after their election, or a major part of them, shall, and it is President to

be chosen, 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 the president to preside at the meetings of the

trustees; to order extraordinary meetings whenever he may consider it for the interest of the said village; to see that all by-laws and regulations of the said village are enforced and faithfully executed; to prosecute in the name of the trustees all offences against, or violations of the by-laws ordained and published as aforesaid; to keep the seal of said village, and to asfix it, together with his signature, to all such rules anil regulations as a majority of the trustees shall deem proper : And in case of the death, removal or inability of the president to discharge the duties of his office, it sisall be the duty of the secretary to notify the other trustees of such death, renova! or inability, who shall within ten days thereafter, meet and elect another president of their body, to hold his office until the next ausu al meeting; and it shall be the further duty of the president, to take care of and preserve all the property belonging to the village, to preside over all public meetings of said village, and to do all other things proper for the president of the village to do: And it shall be the duty of the clerk to keep the minutes of all such votes, orders, rules aod regulations, as are made by the freeholders and inhabitants of said village at their public meetings; and also to attend the me etings of the trustees, and record all by-laws, rules and regulations passed by them ; and ihe trustees shall have power to remove su ch clerk and appoint another, and to appoint one pro tempore in the absence of the clerk; and the clerk siiall receive such compensation for his services, as the trustees shall deem susficient, to be paid out

of the funds of the village. Collector's X. And be it further cnacted, That the collector shall, willia duty. such time as shall be hereafter limited by the by-laws of the corpo

ration, after receipt of his warrant for the collecting any tax that may have been ordered to be raised, collect and pay the same over to the treasurer; and that such collector shall have and exercise the same power in collecting said taxes, by distress and sale, as the several collectors of towns have in the levying and collecting of taxes ; and that all movies, which may at any time be in the hands of the treasurer, shall be liable to be drawn out by the trustees, or a majority of them, and applied agreeably to the provisions of this act.

XI. And be it further enacted, That the said trustees shall keep Accounts to an account of their necessary disbursements, and on exbibiting the

same to the treasurer, shall be entitled to receive the amount thereof out of any monies in the treasury, and the treasurer and collector shall receive for their several services such suitable compensation as the freeholders and inhabitants of said village shall, at their adual meetings, determine.

XII. And be it further enacted, That if any one of the inhabitants Penalty for of said village, qualified as aforesaid, shall be elected or chosen when elecí a trustee, and shall refuse or neglect to serve as such, it shall be ed to office. lawful for the trustees, who do accept and serve, or a majority of

them, to impose upon such person a fine, not exceeding ten dollars for any one offence; and that every five and penalty imposed agreeably to the provisions of this act, may be sued for and recovered, ia the name of the trustees, in an action of debt, in which it shall be sufficient for the trustees to declare generally, that the defendant is indebted to them, by virtue of this act.

be kept.

XIII. And be it further enacted, That the trustees, treasurer Treasurer &

collector to and collector, to be elected by virtue of this act, shall hold their co

" hold their respective offices until the second Tuesday of May next following offices for after their election as aforesaid, and until a new election shall be one year. made, pursuant to this act, and until the officers so last chosen shall take and subscribe the oath or affidavit, and give the security required by this act.

XIV. And be it further enacted, That it shall be the duty of Notice to the president, to give notice to the inhabitants of said village, be given of of all public meetings, at least ten days previous thereto, in such meetings. manner as a majority of the trustees shall deem proper; and that it shall bel awful for the trustees, or a majority of them, to call a public meeting of the inhabitants of said village, whenever they may think it expedient.

XV. And be it further enacted, That all fines, penalties and Fines, &e. forfeitures, and all monies obtained in any manner whatever, by how to be virtue of this act, shall be paid into the hands of the treasurer, for paid. 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 village, and 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 the said village.

XVI. And be it further enacted, That this act shall be, and is the in hereby declared a public act.

public act.

CHAP. CXXXI.

AN ACT to incorporate the city of Troy.

Passed April 12, 1816. I. BE it enacted by the people of the State of New York, repre- Round sented in Senate and Assembly, That all that district of country, in the city of the county of Rensselaer, contained within the boundary lines of the Troy. town of Troy, as now established by law, and all the freemen of this. state, inhabitants within the limits aforesaid, be and hereby are or. dained, constituted and declared to be, from time to time, and forever hereafter, one body, corporate and politic, ip fact and in pame, by the name of " The Mayor, Recorder, Aldermen and Commonalty of Corporate the city of Troy," and that by that pame they and their successors, name, rights forever, shall and may have perpetual succession, and shall be per- and powers. sons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and of what kind or pature soever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and also that they and their successors, by the name of the mayor, recorder, aldermen and commonalty of the city of Troy, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said corporation; and that the sail mayor, aldermen, recorder and commonalty, and their succes

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sors, shall, by virtue of this act, become and be absolutely and completely vested with, possess and enjoy all the lands, tepements, hereditaments, property, rights, causes of action, privileges, immunities and estate whatsoever, both in law and equity, in possession, reversion or remainder, which at the time of passing of this act, are vested in or belong to the trustees of the village of Troy; and shall be vested with the powers and perform the duties which the said trustees are authorised to do and perform, by virtue of the act, evtitled “ an act for the further improvement of the navigation of the Hudson ri

ver, between the village of Troy and Coey man's overslaugh, passed Proviso. 15th June, 1812 :" Provided, That nothing in this act contained

shall affect any suit or suits now pending in the name of the trustees of the village of Troy.

II. And be it further cracled, That the said city shall be divided into six wards, in manner following, to wit: All that part of said city, bouoded south by Poesten-kill; west by the west bounds of said city ; north by a line running through the center or middle of Ferry. street, and parallel with the same, from the said west bounds of said city to the east bounds of the village of Troy, as now established by law; and thence on the same east bounds of the village of Troy, to

said Poesten-kill, shall constituie one ward, and be denominated the 20 Ward. first ward: Ind all that art of said city, bouoded on the south by

the north bounds of said first ward; west by the west bounds of said city; and north by a line running from said west bounds of said city through the center or middle of State-street, and parallel therewith, to the east bounds of the village of Troy, as at present established by law; and thence on the same east bounds of said village, to the place

of beginning, shall constitute one ward, and be denominated the se3d Ward.

cood ward: And all that part of said city, boudded on the south by the north boundary line of said second ward; west by the west bounds of said city, and dorth by a line drawn from the same west bounds of said city, to add through the center or middle of Elbow-street, to the east bounds of said village, as now established by law; and thence on the same east bounds of said village, to the north bounds of

said second ward, shall constitute one ward, and be denomiuated the 442 Ward. third ward: And all the

third ward: And all that part of said city, bounded on the south by said third ward; west by the west bounds of said city; north by the vorth bounds of said village of Troy, as now established by law; and

east by the east bounds of the same village, shall constitute one ward, Bike Ward. and be denominated the fourth ward: And all that part of said city,

not included in either the said first, second, third or fourth wards, which lies north of a line, beginning at the bridge standing across Poestev-kill, near the grisf-mill of Townsend 'M'Coun, in said city, and ruoning along the south line of the road running over and across said bridge, up the hollow, until it intersects the road, usually colled the Schuyler road; and then by a lipe ruopiog due south, lo

the south bounds of said city, shall constitute oue ward, and be de Ward.

nominated the fifth ward : Aud all the rest and residue of the same city, not included withiu the bounds of either of the before mentioned

wards, shall constitute one ward, to be denominated the sixth ward pficers of III. And be it further enacted, That there be, and forever ijere the city. after there shall be, io and for the said city, one mayor, one recorder

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