Streets. Penalty. Power to make bylaws and lations. tax alone, shall be delivered by the trustees to the street 33. The word "streets" as used in this act, shall comprehend all parks, public squares, highways, lanes, alleys and streets within the corporation. § 34. Every person who shall be convicted of wilfully breaking the common pound of said village, for the purpose of rescuing any animal confined therein by the authority of said village, or for any other purpose, shall be adjudged guilty of a misdemeanor. §35. The trustees shall have the mangement and control of the finances, and of all the property, real and personal, police regu- belonging to the corporation, and shall have power within said village, to make, establish, publish, alter, modify, amend and repeal ordinances, rules, regulations and by-laws for the following purposes: 1. To prevent and suppress any riot or noise, disturbances or disorderly assemblages: 2. To regulate, suppress, and restrain houses of ill fame and disorderly houses, billiard tables, nine pin or ten pin alleys, or tables or ball alleys, and to authorize and cause the removal or destruction and demolition of all instruments, apparatus and devices used for the purpose of gambling: 3. They shall have sole power to regulate, permit or prohibit the exhibitions of common showmen and shows, or the exhibitions of any natural or artificial curiosities, caravans, circuses, theatrical performances, or other exhibitions or performances for money: 4. To compel the owner or occupant of any grocery, cellar, tallow chandler's shop, soap factory, tannery, stable, barn, privy, sewer, or other unwholesome or nauseous house, ditch, pond or place, to cleanse, remove or abate the same from time to time, as often as may be necessary for the health, comfort or convenience of the inhabitants of said village: 5. To regulate the location of slaughter houses, and the places where cattle, sheep or swine may be slaughtered: 6. To regulate the keeping of gunpowder and other combustible and dangerous materials, and the use of candles and lights in barns and stables: 7. To prevent horse-racing, immoderate riding and driving in the streets: 8. To prevent incumbering the streets, sidewalks, alleys, lanes, wharves and docks, with carriages, carts, sleds, sleighs, wheelbarrows, boxes, timber, lumber, firewood or any other substances or materials whatever, and to cause the same to be removed: 9. To regulate or prohibit bathing and swimming in the canals or basins in said village: 10. To restrain and arrest vagrants, mendicants, street vagrants and common prostitutes, and cause the same to be dealt with according to law: 11. To restrain and regulate the running at large of cattle, horses, sheep, goats, swine and geese, and to authorize the distraining, impounding and sale of the same, for any penalty incurred by such animals, and all the costs of proceedings: 12. To prevent the running at large of dogs owned by residents in said village, and to authorize the destruction of the same, when at large contrary to the ordinance: 13. To prohibit any person from depositing or having within the bounds of said corporation, any dead carcass or other unwholesome substance, and to require the removal or destruction of the same, by any person who shall have the same on or near his premises, and on his default, to authorize the removal or destruction thereof by some officer of the corporation: 14. To prohibit or regulate the rolling of hoops, playing at ball, flying of kites or any other amusement or practice having a tendency to annoy persons passing on the streets or sidewalks, or to frighten teams or horses in said village: 15. To compel all persons to clean the sidewalks and pavements in front of the premises owned or occupied by them, as often as the said trustees shall deem necessary: 16. To regulate the ringing of bells, crying of goods and other things in said village, and to regulate all sales of personal property at auction: 17. To remove and abate all nuisances: Fines and penalties. 18. To make, establish and regulate public wells, sewers, pumps, cisterns, reservoirs, and the means of supplying water in said village: 19. To regulate, and in such places and at such times as they may think proper, to restrain the firing of guns, squibs, pistols, rockets, fire-balls, or any thing else charged with gunpowder, or any other explosive or highly inflammable material: 20. To provide for the purchasing and repairing of any apparatus for extinguishing fires, and to provide suitable places for depositing the same, and all other apparatus and moveable property belonging to said village, and to provide generally all precautionary and proper measures and things to prevent and remove danger from fires, and for the removal and protection of property exposed to fire: 21. To establish and regulate a public pound and a public market: 22. To regulate the selling and measuring of wood, and to regulate the fees and duties of the inspector thereof: 23. Relative to the burying ground or cemetery, and the manner of burying the dead in said village: 24. To provide for grading and levelling any public squares or grounds in said village, and for setting and protecting ornamental and shade trees: 25. To regulate the number and determine the qualifications of persons to keep taverns in said village; and the commissioners of excise of the town of Salina, are hereby inhibited from granting any license to any person to keep a tavern in said village, without such person first having obtained a certificate of said trustees of his fitness to receive such license: 26. To prohibit the public exhibition of caricatures, effi- . gies or images, or any thing calculated to injure the feelings of any portion of the community: 27. The said trustees generally may, from time to time, make and establish by-laws, as may be necessary and proper, for carrying into full effect the purposes of this act, and such as may concern the safety, advantage and good government of said village; but such by-laws shall not be contrary to or inconsistent with the laws of this state, or of the United States, but all such by-laws shall be published, in such manner as the trustees shall direct, before they take effect. § 36. The trustees may enforce the observance of all rules, ordinances, by-laws and police regulations made in pursuance of this act, by imposing penalties on any person violating the same, not exceeding twenty-five dollars for any one offence, to be recovered with costs of suit in manner prescribed in the thirty-seventh section of this act. how bro't § 37. All actions brought to recover any penalty or for- Actions feiture incurred under this act, shall be brought in the said and concorporate name; and in any such action it shall be lawful to ducted. declare generally in debt for such penalty or forfeiture, stating the section of this act, or the by-law or ordinance under which such penalty or forfeiture is claimed, and to give the special matter in evidence; and the defendant may plead the general issue, and give the special matter in evidence; and the party in whose favor judgment is rendered, shall recover costs as in other cases; the first process in such action when brought before a justice, may be a summons or warrant, and execution may be issued thereon immediately on the rendition of the judgment; if the defendant in any such action, have no goods or chattels, lands or real estate, whereof such judgment can be collected, within the jurisdiction of the officer to whom the execution in such case may be delivered to be executed, such execution may require the defendant to be imprisoned in the jail of the county of Onondaga, for a term not exceeding thirty days, in the discretion of the justice. All expenses incurred in prosecuting for the recovery of any penalty or forfeiture under this act, shall be defrayed by the corporation, and all penalties and forfeitures when collected, shall be paid to the treasurer for the use of the corporation; the trustees may remit penalties, wholly or in part, in their discretion. law and in § 38. The trustees are hereby authorized to bring and Actions at maintain any and every action at law and in equity, necessa- equity. ry for the recovery of the possession of any of the public grounds belonging to said village. cers. § 39. The trustees are hereby authorized to provide by Pay of offiby-laws for the payment of such compensation as they may deem proper, to the several officers, other than trustees, elected or appointed, for their official services under this act. inha § 40. No person shall be an incompetent justice, judge, Competen juror, constable or witness, (by reason of his being an in- bitants as habitant or freeholder in said village) in any action or proceeding in which said village is a party or interested. jurors, &c. repealed. § 41. All former acts relating to the village of Salina, are Former acts hereby repealed, but such repeal shall not affect any act done, or right secured or established, or any suit, proceeding or prosecution, had or commenced previous to the time when such repeal shall take effect, but every such act, right or proceeding shall remain as valid and effectual as if the said acts had remained in force; and all officers elected or appointed under or by virtue of any act hereby repealed, shall continue in office until and including the second Monday of April next; and all estates real and personal, vested in or belonging to the village of Salina, when this act shall Act revived. Commis sioners to take effect, shall continue to be vested in and belong to said village. § 42. This act shall take effect immediately. CHAP. 161. AN ACT reviving and amending the act entitled "An act to authorize the laying out of a road from Newkirk's Mills to Piseco village," passed April 27, 1841. Passed April 18, 1843. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The act entitled an act to authorize the laying out of a road from Newkirk's Mills to Piseco village, passed April 27, 1841, is hereby revived with the following amendments: §2. William D. Jones, of the county of Hamilton, and make road. Cevallus D. P. Havens of the county of Fulton, are hereby appointed commissioners in the place of George R. Parburt, and Alteron Odell, and the said commissioners together with Ezra Thompson, are authorized to make that portion of said road which lies between Newkirk's Mills and the Stratford Road, with power to alter the same before making any portion thereof, if they deem proper, and before entering upon the duties aforesaid, they shall take and subscribe an oath before some justice of the peace for the faithful discharge of their duties: and in case of any alteration of said road, the said commissioners shall file a map and field notes of said alteration in the several clerks' offices of the towns through which it passes; and the assessment provided for in the fourth section of the act hereby revived, shall be made for two years from and after the passage of this act. Duty of E. § 3. The said Ezra Thompson shall receive and superintend Thompson. the expenditure of the moneys to be received for making that portion of said road which lies in the said county of Hamilton; and the said Cevallus D. P. Havens, shall receive and superintend the expenditures of the moneys to be received for making that portion of said road which lies in the said county of Fulton; and the commissioners before receiving any of the moneys for the purpose of making said road, shall give a bond to be approved by the supervisor of the town from whom he receives said moneys, for the faithful expenditure of all the moneys to be received by him for the purpose aforesaid. Repeal. § 4. Section fourth of the act entitled "An act to amend the act entitled an act to authorize the laying out of a road |