fixing of the prices of any commodities or articles of provision, except the article of bread, that may be offered for sale: Provided also, That such by-laws be not contrary to, or inconsistent with, the laws of this state or of the United States.

VI. And be it further enacted, That the said trustees, or a ma- Fines may jority of them, as often as they shall make, ordain and publish any be inflicted. such by-laws, for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines, penalties and forfeitures, against the offenders of such by-laws, as they may deem proper, not exceeding twenty-five dollars for any one offence, to be prosecuted for and recovered by action of debt, before any justice of the peace, with Paid to trus costs of suit, by the trustees, for the use of the corporation; in which tees. action it shall be sufficient to declare generally, that the defendant or defendants is or are indebted to the trustees of Rochesterville, in the amount of the debt, fine, penalty 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; and any justice of the peace of the county of Genesee, residing in the said village, and any freeholder or inhabitant of said village, shall be and are hereby declared competent, respectively, to try, serve as jurors, or give testimony in any cause, wherein the said trustees and an inhabitant of the said village are parties, notwithstanding any remote interests they may have in the event of such suit as members of the corporation of said village.

Witnessed.

Acessors &

VII. And be it further enacted, That the freeholders and inhabitants of the said village, qualified to vote as aforesaid at their annual tow chosen. meetings, on the first Monday of May in every year hereafter, to be held for choosing trustees, or at any other meeting duly notified, shall be and they are hereby duly authorised, by a majority of votes, to choose, by ballot, not less than three nor more than five assessors, one treasurer and one collector, being freeholders and inhabitants in said village, one constable, not less than three nor more than five fire wardens, and one pound keeper, being inhabitants in said village; and in case of vacancy by death, removal, refusal or incapacity to serve, how filled. of any of the aforesaid officers, it shall be the duty of the said trustees, or the major part of them, by warrant, under the hands and seals of the said trustees, or a majority of them, to appoint some suitable person to fill such vacancy; and the person so appointed shall be vested with the like powers, and be subject to the same penalties and restrictions, as if elected by the freeholders and inhabitants of the said village as aforesaid.

Vacancies

VIII. And be it further enacted, That the trustees, treasurer, Oath to be assessers, collector, constable, fire wardens and pound keeper, shall, taken. within ten days after each and every election or appointment, and before they proceed to the exercise of their several offices, respectively take and subscribe an oath or affirmation, before any justice of the peace in the said village or county, for the faithful execution of the trust or office to which they may be severally chosen or appointed; and that the treasurer, collector and constable, hereafter Security to to be elected or appointed, shall, before they enter upon the execu- be given. tion of their respective offices, respectively give such security for the faithful performance of the trusts reposed in them, as the major part of the trustees, for the time being, shall deem sufficient.

sing to exe

fices may be Sined.

Persons refu. IX. And be it further enacted, That if any of the inhabitants in cute their of the said village, qualified as aforesaid, shall hereafter be elected or appointed a trustee, assessor, fire warden or pound keeper, and having due notice thereof, shall refuse, deny or neglect to take upon him or them to execute such office or trust, to which he or they may be elected, then, and as often as it shall happen, it shall and may be lawful for the said trustees, or the major part of them, to assess and impose upon such person or persons, so neglecting, denying or refusing, such reasonable fine or fines, not exceeding twenty dollars, as they the said trustees, or the major part of them, may think fit, to be recovered by action of debt, with costs, in the manner herein before directed for the recovery of penalties or forfeitures, imposed by the by-laws of the said trustees.

President &

obosen.

President's duty.

X. And be it further enacted, That the trustees, or the major elerk to be part of them, within ten days after their being elected in every year hereafter, shall, and it is hereby made their duty, to assemble in some convenient place in said village, and there 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; that it shall be the duty of the said president to preside at the meetings of the trustees; to order extraordinary meetings of the trustees, whenever he may find it for the interest of the village so to do; to receive complaints of the breach of any of the by-laws; to see that all the by-laws, rules and regulations are faithfully executed, and prosecute, in the name of the trustees, all offenders against such by-laws; to receive and lay before the trustees the returns of the fire wardeus; and who, with the consent of the major part of the trustees, shall appoint, under his hand and the seal of the said village, a company of firemen, not exceeding twenty-five in number; to inspect the utensils, belonging to the said village, for extinguishing fires; and whose duty it shall be, more particularly, to see the engines and fire utensils, engine houses and all other public property belonging to the said village, suitably and properly taken care of and kept in order, and to do all such other acts and things as may be proper for him, as president of the board of trustees, to do; 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 the said corporation; and Sterk's duty. it shall be the duty of the said clerk, to attend all the meetings of the said trustees, and of their 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, or a majority of Clerk may them, are hereby authorised to remove or displace the said clerk, 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 displa ced, shall, on the order of said trustees, or a majority of them, deliver up to his successor all such records, books, papers and muniments 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

be removed.

and pay such sum, not exceeding twenty-five 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 before directed for the recovery of penalties or forfeitures, imposed by the by-laws of the said trustees.

Notice of

XI. And be it further enacted, That the place of holding every annual meeting for choosing trustees, after the first Monday of May meetings. next, and also the time and place of holding every other meeting of the freeholders and inhabitants of said village, shall be appointed and notified, at least one week previous to the holding of any such meeting, by the said trustees, or the majority of them, in the manner specified in the second section of this act.

be raised.

XII. And be it further enacted, That the amount of monies to be raised by tax in any one year, shall not exceed one thousand dollars: And further, that the collector shall, within such time as shall here- Amount to after be provided for by the by laws of the said corporation, next after the receipt of his warraut for collecting any tax that may have been ordered to be raised, collect and pay the same to the treasu- Collector to rer; and that all movies which may at any time be in the hands of pay the same the treasurer, shall be liable to be drawn out by the trustees, or the major part of them, and applied and disposed of as shall have been directed by the freeholders and iuhabitants of said village.

to the treasurer.

Lands

be sold.

may

XIII. And be it further enacted, That whensoever any tax or assessment of any description on lands or tenements, which shall be made and confirmed according to law, shall remain unpaid on the day upon which the collector of the said village is limited by the by-laws thereof to account to the treasurer for the collection of the same, and the collector shall make affidavit before any judge or jus tice of the peace of the county in which the said village is or shall be situated, that the owner or owners of the premises on which the same is imposed, could not upon diligent enquiry be found within the village, or that being found, he, she or they had not sufficient personal estate ou said premises, within the said village, whereof the said tax could be levied, it shall and may be lawful for the trustees of the said village to make an order requiring the treasurer of the said village to advertise the same in one or more of the public newspapers printed within said county, at least once in each week successively, for three months, thereby requiring the owner or owners of such lands and tenements respectively to pay the amount of such tax, so remaining unpaid, to the said treasurer, or that in default thereof, such lands and tenements will be sold at public auction, at a day and place therein to be specified, for the lowest term of years at which any person shall offer to take the same, in consideration of advancing the amount of the tax so remaining unpaid, together with all the costs and charges accrued therein; and if notwithstanding such notice, the owner or owners shall refuse or neglect to pay the amount of such tax, with the charges attending such notice and advertisement, and the costs and charges aforesaid, then it shall and may be lawful for the said trustees, or a majority of them, to cause such lands and tenements to be sold at public auction, for a term of years, for the purposes and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser, President to under the hand of the president and seal of the said corporation, and sign the de

M

claratio

Proviso.

such purchaser, his executors, administrators and assigns shall, by virtue thereof and of this act, lawfully hold and enjoy the same, for his and their own proper use, against the owner or owners thereof, and all persons claiming under such owner or owners, until his said term therein shall be fully complete and ended, and be at liberty to remove all buildings which he, she or they shall erect thereon, during the said term, within one month after the expiration thereof: Provided always, that no such proceedings by sale as aforesaid, shall take place under any assessment to be made and confirmed, unless in cases when the said assessment is declared by law to be a lien or charge upon the lauds and tenements assessed: And provided also, that it shall be lawful for such owner or owners to redeem such lands or tenements so sold, at any time within two years after such sale, by paying the principal sum for which the same has been sold, together with interest at the rate of fourteen per cent. per annum: And provided further, that such purchaser or his assigns may remove all buildings which he or they may have erected thereon, within one month after such redemption.

XIV. And be it further enacted, That the person in possession of any real estate in the said village, at the time any tax is to be collected, shall be liable to pay the tax assessed thereon, and in case such person is not bound by agreement or otherwise to pay such tax, or any part or proportion thereof, he or she shall or may recover the same amount from the owner of such real estate, or other person whose duty it was to pay the same, and all taxes upon any seal eslien thereon. tate in said village shall be a lien thereon.

Taxes on real estate a

Certain officers to be paid.

Treasurer to

pay money

order of the trustees,

XV. And be it further enacted, That the officers to be elected, or in case of vacancy appointed by virtue of this act, shall hold their respective offices until the first Monday in May next after their election or appointment as aforesaid, and until a new election of the officers of said village shall be made, pursuant to this act, and until the officers so last chosen shall take and subscribe the oath or affirmation of their respective offices.

XVI. And be it further enacted, That the trustees shall keep a just and accurate account of their necessary expenses and disbursements, at all reasonable times open to the inspection of the inhabitants of the said village, and ou exhibiting the same to the treasurer, shall be entitled to receive the amount thereof, out of any monies in the treasury, not otherwise appropriated; and that the treasurer, collector, assessors and clerk shall be paid for their services such suitable compensation as the said trustees, or a majority of them, by by law of the corporation shall provide; and that the said trustees shall receive from the treasurer, for their services, such compensation as the inhabitants of the said village, at their annual meetings, shall think proper to grant and allow.

XVII. And be it further enacted, That it shall not be lawful for only to the the treasurer to pay any money out of the treasury of said village, except on the order of the said trustees, or a majority of them; and it shall be the duty of the said treasurer, at the annual meeting of And exhibit the inhabitants of the said village, to exhibit an account of all monies by him received and paid out during the preceding year; which account shall, on some day in the week preceding the said annual meeting, be exhibited to and examined and audited by the

an account.

Trustees to

the said trustees: And further, the said trustees, or a majority of them, shall, at the said annual meeting, likewise exhibit an account to of all monies by them received or drawn from the treasury, and al- count. so all monies by them paid out and expended for the use of said village, during the preceding year, specifying the objects and purposes severally for which the same were paid, laid out and expended.

and pund

Constables

XVIII. And be it further enacted, That the constables and the Constables pound keepers to be chosen or appointed by virtue of this act, shall keepers. respectively be invested with the same powers and authority, enti- duties. tled to the same fees and rewards, and subject to the same duties, in all cases within said village, as by law appertain or belong respectively to the constables and pound masters chosen at the annual town meetings of the town of Gates: And further, that it shall be the duty of the said constables to give notice to the said trustees of all such breaches and violations of any of the ordinances and bylaws of said village as shall come to their knowledge.

XIX. And be it further enacted, That this act shall be, and the A public aèt. same is hereby declared to be, a public act, and shall be construed in all courts of justice within this state benignly and liberally to effect every beneficial purpose therein mentioned and contained.

CHAP. XCVII.

AN ACT to authorise the justices of the peace of the town of Easton, in the county of Washington, to appoint a collector to perform certain duties omitted by their late collector.

Passed March 21, 1817.

BE it enacted by the people of the state of New-York, represented in senate and assembly, That it shall and may be lawful for the Appointment justices of the peace of the town of Easton, in the county of Wash- of a collector ington, to appoint a collector for the said town, which said collector, on the receipt of the warrant aud tax list of the late collector of the said town, shall have the like power and authority to collect all taxes due and unpaid on the said tax list, as if the said warrant was by law returnable on the first day of June next; and the treasurer of Treasurer to the said county shall settle with the said collector in the same mander, relative to any deficits, as if the same had been returned on the day directed by law for that purpose: Provided however, That nothing herein contained shall be held, construed or taken to release the sureties of the late collector from any liability incurred by them, by or in consequence of their said suretyship.

settle with collector.

CHAP. XCVIII.

AN ACT for the relief of Joseph Slason and Butcher Slason.
Passed March 21, 1817.

WHEREAS Henry Slason, in and by his last will and tests ment, dated the sixteenth day of May, one thousand eight hundred