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sessments.

Highway as. § 19. The highway work to be assessed on the inhabi tants of said village shall be laid out and expended within the limits thereof, under the direction of the officers of the said corporation hereinafter mentioned, to the exclusion of the commissioners of highways of said town of Pomfret. The said trustees shall from time to time, and as often as may be necessary, divide the said village into a convenient number of road or street districts, and may alter them as often as they may see fit and proper, and appoint to each district an overseer, who shall have the same power, be subject to the same restrictions and liabilities, as overseers of highways of towns; shall return the names of all persons liable to work in his district to the assessors, who shall proceed with the same, as the commissioners of highways of

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made in

April

towns.

§ 20. In the month of April, in each year, the trustees ments to be shall order an assessment to be taken and completed, of all the real and personal property of said village. The assessors shall thereupon proceed to take such assessment, according to the actual value, and shall complete the same within the time limited by the by-laws, and expressed in the order. Like notices shall be posted up, and the like right of appeal had from such assessment and the same proceedings had thereon, as in the twelfth section mentioned. And the said assessment roll shall be delivered to the trustees to be filed with the clerk.

Highway la. bor.

Licenses.

Constables.

§ 21. The trustees, on or before the first Monday of May, in each year, shall fix the aggregate amount of highway labor to be laid out on the roads, streets, alleys, lanes and walks, in said village, during the succeeding year, and order the same to be apportioned among the inhabitants of said village. The assessors, within the time required by the order, shall apportion the said labor on the said inhabitants, having reference to the last assessment; shall issue their warrants to the respective overseers, and proceed in the same manner as commissioners of highways of towns; and shall further have power to direct the said overseers, respectively, the manner of expending said labor. The inhabitants, respectively, shall be liable to appear and work, in the same manner, and be subject to the same penalties, rights and liabilities as the inhabitants of towns, under the overseer of highways.

§ 22. The trustees shall also have power to license shows and exhibitions, the same as any two justices of towns now have, and the right to fix the amount to be paid by such applicants, respectively, which shall in no case be less than five, nor more than twenty-five dollars. The money raised therefrom to be paid to the treasurer, for the use of the corporation.

§ 23. Constables to be elected pursuant to this act shall

have the same power, within the limits of said village, and not elsewhere; be entitled to the same fees; be subject to the same restrictions and regulations as constables elected or chosen for towns. His instrument of surety shall be approved by the trustees, and his oath of office shall be filed with the clerk.

§ 24. Every person elected or appointed to any office, by Penalty. virtue of this act, who shall neglect or refuse to accept the same, within the times limited by this act, shall forfeit and pay the sum of ten dollars, to be recovered and applied as other fines are by this act to be recovered and applied.

§ 25. It shall be lawful for the trustees to appoint by war- Firemen. rant, as other appointments are made, not exceeding fifteen firemen to each fire engine, owned and kept in repair in said village, and a hook and ladder company not exceeding ten in number for each company, and to appoint a captain of each company, and remove the sa.ne at pleasure; which captains, respectively, shall be responsible to the trustees for the safe keeping and proper using of the engine and implements belonging to his company, and entrusted to his care. It shall be the duty of the said firemen, under the orders of the trustees, acting as fire wardens, to have the management, working and using of the engines and other implements for extinguishing fires belonging to said village. And the members of such companies shall be exempt from the performance of military duty, except in cases of war, insurrection or invasion, and from serving on juries, except in justices' courts, while they respectively belong to such companies.

26. All fines, forfeitures and penalties imposed by this Suits. act, and such as may be lawfully imposed by the by-laws, may be sued for and recovered, in the name of the corpo ration, in an action of debt, before any court having cognizance of the same, for the use of the said corporation; and it shall not be a good objection to any justice, juror or witness, that he or she is a resident of said village, or member of said corporation. It shall be the duty of the presi dent to see to the prosecution and collection of all such fines, penalties and forfeitures. In any such suit, it shall be sufficient to declare generally, that the defendant is indebted to the trustees of the village of Dunkirk, in the amount of the fine, penalty or forfeiture, whereby an action hath accrued to them for such amount. The special matter may then be given in evidence.

clerk in cer tain cases.

§ 27. In case the office of president be vacant, or he be Power of not in a situation to act, from absence or otherwise, any order, deed or other writing, may be signed, and every act done, by the clerk and a majority of the trustees.

§ 28. The trustees of said village shall have power, from By-laws. time to time, to make, ordain and publish, such rules, regu

General powers.

Act to take effect.

lations and by-laws, as may be thought proper, not inconsistent with any laws of this state, or the United States, and may fix any penalties, not exceeding ten dollars for any one offence, for the violation of any such rule, regulation or by-law; to regulate public markets, streets, alleys, highways, footwalks and sideways in said village; and to the draining, filling up, levelling, paving, gravelling, or otherwise improving and keeping the same in order; to regulate slaughter-houses, suppress gambling-houses, houses of il fame, and nuisances generally, to provide for a village watch and lighting the streets of said village; to restrain dogs, swine, geese, goats, sheep, horses and cattle from running at large in said village, or any part thereof; relative to the improvement of their common lands and real estate; relative to the inspection of weights and measures, and the assize of bread; relative to erecting and regulating hay-scales; relative to the public wells, pumps, reservoirs or cisterns of water for extinguishing fires, and other purposes; relative to purchasing, regulating and using fire engines and implements; and relative to fire buckets and ladders to be kept by the inhabitants of said village, and for guarding against fire generally; relative to keeping chimneys, fire-places and stoves clear and in good order; relative to the cleanliness. of cellars, cisterns, drains, and every other thing relating to the health and good improvement of said village.

§ 29. The said corporation shall enjoy the privileges and be subject to the restrictions contained in the third title of chapter eighteen of the first part of the Revised Statutes, so far as the same are applicable.

§ 3. This act shall take effect on the passage thereof; and the legislature may at any time alter, or repeal the

same.

Amendmert to 5th section.

CHAP. 430.

AN ACT to prevent usury.

Passed May 15, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. The fifth section of title three of chapter four, part two of the Revised Statntes, is hereby amended so as to read as follows:

5. All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, (except bottomry and respondentia bonds and contracts,) and all deposites of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be

reserved or taken, any greater sum, or greater value, for the loan or forbearance of any money, goods or other things in action, than is above prescribed, shall be void; but this act shall not affect such paper as has been made and transferred previous to the time it shall take effect.

§2. Whenever in an action at law the defendent shall Witnesses. plead or give notice of the defence of usury, and shall verify the truth of his plea or notice by affidavit, he may, for the purpose of proving the usury, call and examine the plaintiff as a witness, in the same manner as other witnesses may be called and examined.

pelled to an

§3. Every person offending against the provisions of the offenders said title, or of this act, may be compelled to answer on oath may com any bill that shail be exhibited against him, in the court of swer chancery, for relief, or discovery, or both.

chancery.

§ 4. Whenever any borrower of money, goods, or things Bills in in action, shall file a bill in chancery for relief or discovery, or both, against any violation of the provisions of the said title or of this act, it shall not be necessary for him to pay or offer to pay any interest or principal on the sum or thing loaned; nor shall any court of chancery require or compel the payment or deposite of the principal sum or interest, or any portion thereof, as a condition of granting reliet or compelling or discovering to the borrower in any case, usurious loans forbidden by said title or by this act.

court of

§ 5. Whenever it shall satisfactorily appear by the ad- Power of missions of the defendant, or by proof, that any bond, bill, chancery. note, assurance, pledge, conveyance, contract, security, or any evidence of debt, has been taken or received in violation of the provisions of caid title or of this act, the court of chancery shall declare the same to be void, and enjoin any prosecution thereon, and order the same to be surrendered and cancelled.

§ 6. Any person who shall directly or indirectly receive Punishment any greater interest, discount or consideration than is prescribed in the said title, and in violation of the provisions of said title or of this act. shall be deemed guilty of a misdemeanor, and on conviction thereof, the person so offending shall be punished by fine not exceeding one thousand dol lars, or imprisonment not exceeding six months, or both.

7. It shall be the duty of all courts of justice to charge Courts to the grand jury especially to inquire into any violations of charge the provisions of the said title or of this act.

grand juries

for false

§ 8. Every plaintiff examined as a witness pursuant to Punishment the provisions of this act, or any defendant under the pro- swearing. visions of this act, who shall swear falsely, shall upon conviction thereof suffer the pains and penalties of wilful and corrupt perjury; but the testimony given by any plaintiff, or the answer of any defendant, made pursuant to the said title or of this act, shall not be used against such person be

Repeal

Act to take effect.

Stock to be assessed.

Notice to be

given to cor. porations.

Corpora. tions may commute.

fore any grand jury, or on the trial of any indictment against such person.

§ 9. So much of title third, chapter fourth and part second of the Revised Statutes, as is inconsistent with the provisions of this act, is hereby repealed.

§ 10. This act shall take effect on the first day of July

next.

СНАР. 431.

AN ACT to subject moneyed or stock corporations to assessment for highway labor.

Passed May 15, 1837.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

§ 1. In making the estimate and assessment of the residue of the highway labor to be performed in their town, after assessing at least one day's work upon each of the male inhabitants therein, above the age of twenty-one years, as provided in the sixteenth chapter of the first part of the Revised Statutes, entitled "Of highways and bridges," the commissioners of highways shall include among the inhabitants of such town, among whom such residue is to be apportioned, all moneyed or stock corporations, which shall appear on the last assessment roll of their town to have been assessed therein.

§ 2. Such corporations shall be notified to furnish the amount of highway labor assessed to them in the same manner as individuals residing in such town, by giving oral or written notice to the president, cashier, agents, treasurer, or secretary of such corporation, or any clerk or other officer thereof, at the principal office or place of transacting the business or concerns of the said company: which labor shall be performed in such district or districts as the commissioners of highways of the town shall direct, and any number of days' work, not exceeding fifty, may be required to be performed, by any such corporation, in any one day.

§ 3. Every such corporation may commute for the highway labor assessed upon it, in the same manner and at the same rate as is allowed by law to individuals, or by paying such commutation to a commissioner of highways of the town: and the commutation money so paid may be expended by the commissioners of highways upon any district or districts in the town; and for that purpose the said commissioners shall be entitled to demand and receive from the overseers, to whom any such commutation may have been paid, the whole or any portion thereof; but in every case where any such corporation shall be located in any city, village or town, where by law the road tax is now payable

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