By-laws &c Penalties Treasurer,col cancies Oaths to be taken the said corparation be made, or in any manner disposed of, with out the consent of the freeholders and inhabitants of said village, or the major part of them, at the annual meeting for the election of trustees, first obtained. IV. And be it further enacted, That it shall be lawful for the said freeholders and inhabitants, at their annual meeting, to be held pursuant to this act, and they are hereby authorised to make and establish such prudential by-laws, rules and regulations, (not inconsistent with the constitution of this state, or of the United States,) as a majority of such freeholders and inhabitants so assembled, and having a right to vote as aforesaid, shall judge necessary and convenient for the welfare and improvement of the village, for the application and expenditure of all monies that may be assessed and collected by virtue of this act; and to ordain and establish suitable regulations relative to slaughter houses, to the cleansing and keeping in order the streets and highways, and removing nuisances therefrom, establishing, regulating and improving the side walks, and to oblige the house-holders to provide and keep in order for themselves a sufficient number of fire-buckets; and also to make rules and regulations relative to the duty of the fire-wardens, and the engine company, to authorise the wardens to inspect all chimnies, stoves and stovepipes, and to direct at what time the chimnies and pipes shall be cleansed, &c. ; and to impose from time to time, such penalties on the offenders against such rules and regulations, or any of them, as a majority of such freeholders and inhabitants so convened, shall from time to time think proper, not exceeding five dollars for any one offence, to be recovered by the special trustees, in the name of the village, with costs of suit, by action of debt, before any justice of the peace in the town of Castleton, or county of Richmond; and in any action, brought for or against the trustees of said village, the freeholders or inhabitants of said village, shall be and they are hereby declared competent witnesses for either party, in such action, which penalties when collected, shall be paid into the treasury of said village for the use of the inhabitants thereof. V. And be it further enacted, That the freeholders and inhabitants qualified to vote for trustees, as aforesaid, at their aunual town meeting, shall, and they are hereby authorised to choose one treasurer, and one collector, being freeholders of said village, and the 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, removal from the village, or refusal to serve, the special trustees shall have the power of appointing some other freeholder of said village to supply such vacancy, until the next annual meeting, and the person so appointed, shall be liable to the same penalties and restrictions as if elected at the annual meeting. VI. And be it further enacted, That the special trustees, treasurer,and collector, shall, before they proceed to execute their trusts, and within ten days after their election, respectively take and subscribe an oath or affirmation, before some justice of the peace of the county of Richmond, for the faithful discharge of the several duties devolving on them by this act: Provided nevertheless, That the said treasurer and collector, before they take their oath and firemen Proviso clerk or affirmation aforesaid, shall respectively give security to the spe cial trustees of said village, for the faithful performance of their duty, in such a sum as a majority of them shall deem sufficient. VII. And be it further enacted, That the special trustees of Fire wardens the village, shall, by virtue of their office, execute the trust of fire wardens, and shall have power to appoint any number of firemen, not exceeding twenty-one, out of the inhabitants of the said village, and the same, or any of them, to remove at pleasure, and to appoint others in their stead, to regulate the time of meeting, and exercises of the said company of firemen, to appoint their captain, and other officers, and to make such rules and regulations for the government of said company, and to ordain and establish such penalties for the violation of such rules and regulations, as they may deem expedient: Provided, That no fine or penalty shall be inflicted on any fireman for such offence, exceeding three dollars, and that the special trustees shall have the power of remitting such fine or penalty, whenever a majority of them shall deem it proper. VIII. And be it further enacted, That the special trustees, or President & a major part of them, shall, and it is hereby made their duty to assemble at some convenient place in said village, and there to choose and appoint some one suitable person out of their body, to 7- be president of the board of special 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 that board, to order extraordinary meetings whenever he may deem it necessary for the interests of the village, to see that all the laws and regulations for the government of the village are duly executed, and 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 affix it, together with his signature, to all such rules and regulations, as shall from time to time be passed by the board of special trustees, or a majority of them; and in case of the death, removal, or inability to act, of the president, it shall be the duty of the secretary, to notify the other trus- And of secre tees of the fact, who shall, within ten days thereafter, meet, and tary elect another person from their body to be president, until the next annual meeting for the election of special trustees; and it shall be the further duty of the president to take care of, and preserve all the public property belonging to the village, to preside over all public meetings of the inhabitants of the village, for its own local objects and concerns, 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 minutes of all such votes, orders, rules and regulations, as are made by the freeholders and inhabitants at their public meetings, and to record all the by-laws, rules and regulations, passed by them; and the special trustees, or a majority of them, shall have power to remove such clerk, and appoint another, and to appoint one pro tempore in the absence of the clerk; and the clerk shall receive such compensation for his services, as the special trustees shall deem sufficient, to be paid out of the funds of the village. their, collec IX. And be it further enacted, That it shall be lawful for the Taxes, and special board of trustees, after making their assessments as pre- tion, &c scribed by this act, to issue their warrant, directed to the collec-~~ 1 Account of ments lector of the village duly appointed as aforesaid, who upon the receipt of the said warrant, signed by the special trustees, or a majority of them, shall proceed to collect within such time as shall be designated by the by-laws of the corporation, such tax so to be collected, and to 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 collection of taxes; and that all monies that may at any time be in the hands of the treasurer, sball be liable to be drawn out by the special trustees, on an order signed by a majority of them, and to which shall be affixed the seal of the corporation. X. And be it further enacted, That the said special trustees, shall keep an account of their necessary disbursements, and on exhibiting the same to the treasurer, duly authorised by the signature and seal of their president, shall be entitled to receive the amount thereof, out of any monies in the treasury ; and the treasurer Pay of treas and collector shall receive for their several services, such suitable lect and col- compensation as the freeholders and inhabitants shall at their annual meeting determine. Fine for re fise, &e XI. And be it further enacted, That if any one of the inhabifusing an of- tants of said village, qualified as aforesaid, shall be elected, or chosen a special trustees, and shall refuse or neglect to serve as such, it shall be lawful for the trustees who do accept and serve, or the majority of them, to impose upon such person so neglecting or refusing, a fine not exceeding five dollars for any one offence; and that every fine or penalty imposed agreeable to the provisions of this act, may be sued for and recovered in the name of the special 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, in his failure so to serve, &c. Public meet Fines and XII. And be it further enacted, That it shall be the duty of the president, to give notice to the inhabitants of said village, of all public meetings, at least one week previous thereto, in such manner as a majority of the trustees may deem proper; and it shall be lawful for the special trustees, or a majority of them, to call a public meeting of the inhabitants of said village, whenever they may think it expedient. XHI. And be it further enacted, That all fines, penalties and penalties forfeitures, and all monies, obtained in any manner by virtue of this act, shall be paid into the hands of the treasurer for the use of said village; and the treasurer shall, and he is hereby authorised, in case any person having so 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 special trustees, for monies had and received for the use of said village. Rights re XIV. And be it further enacted, That it shall be lawful for the legislature at any time, to repeal or amend this act. CHAP. CLXXV. AN ACT to divide the Town of Catharines, in the County of Tioga. Passed April 16, 1823. an erected I. BE it enacted by the People of the State of New-York, Towns of Cat represented in Senate and Assembly, That all that part of the lin and Veter town of Catharines, in the county of Tioga, being west of a line drawn due south from a point in the north boundary line of said town, equi-distant from the north-east and north-west corners of said town, to the south bounds of said town, shall be, and hereby is erected into a separate town by the name of Catlin ; and that all that part of the said town of Catharines, lying south of a line to be drawn due west, from a point in the east line of the said town of Catharines, equi-distant from the north-east and south-east corners of the said town, to the east line of the said town of Catlin hereby erected, shall be, and hereby is erected into a separate town by the name of Veteran, and that all the remaining part of the said town of Catharines, shall be and remain a separate town by the name of Catharines. Commission ers and their &c II. And be it further enacted, That Samuel Lawrence, Claudius Townsend, and Theodore Valleau, be, and they are hereby duty aud pay appointed commissioners to make division of the said town of Catharines, according to the provisions of this act; and that the said commissioners, or any two of them, shall, on the first day of May next, meet and proceed with all convenient speed, to make division of the said town as aforesaid; and the said commissioners, or such of them as shall act, shall each be entitled to, and receive two dollars per day, for every day in which they shall be necessarily employed in performing the duties required of them by this act; and that the expenses so incurred shall be equally borne by the said several towns herein mentioned, and shall be levied and collected in the same manner as other town charges. and their e III. And be it further enacted, That the inhabitants of the re- Town officere spective towns aforesaid, qualified to vote at town meetings, shall lection assemble on the second Tuesday of May next, at the places bereinafter specified, in their "respective towns, and shall then and there elect such town officers, as are required by law to be elected, and shall do all such other town business, as may be lawful and necessary for the said towns respectively to do at town meetings; and that such town meetings shall be held in the town of Catlin, at the house of Uzal Dickerson in the said town; in the town of Veteran, at the house of Theodore Valleau, in the said town; and in the town of Catharines, at the house of David Bardeslee, in the said town; and that thereafter, the time for holding the town meetings in the said several towns herein mentioned, shall be, on the first Tuesday of March in each year, at such places in each of the said towns, as a majority of the inhabitants of such towns, respectively qualified to vote at town meetings, shall from time to time appoint. İV. And be it further enacted, That all male inhabitants of Elegibility to the age of twenty-one years or upwards, and resident in the said office and que voters poor and monies lification of town of Catlin, who are liable to pay taxes, shall be eligible to any town office in said town, and shall be entitled to vote at any town meeting therein, any law to the contrary thereof notwithstanding. Division of V. And be it further enacted, That the supervisors and the overseers of the poor, who shall be elected at the several town meetings first directed to be held by this act, shall, as soon as may be after such town meetings, on notice for that purpose to be given by the said supervisors, meet and proceed to make an equitable division of the paupers now chargeable to the said town of Catharines, and of the monies belonging to the overseers of the poor of the said town, amongst the said several towns specified in this act, according to the amount of taxable property in the said towns respectively, to be ascertained by the tax list of the last year, and that thereafter, each town shall maintain its own poor, created name and ge CHAP. CLXXVI. AN ACT to incorporate the Elmira and Southport Bridge Company. Passed April 16, 1823. Corporation 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the taxable inhabitants of the towns of Elmira and Southport, in the county of Tioga, shall be, and they are hereby created a body politic and corporate, for the purpose of erecting a toll bridge across the Chemung river, opposite the village of Newtown, near the dwellinghouse of John Davis, in the said village, and where the Newtown turnpike road commences, at the said river, by the name of the Corporate Elmira and Southport Bridge Company, and they are hereby orneral powers dained, constituted and declared to be, for the term of twenty-five years hereafter, a body politic and corporate, in fact and in name, nnd by that name they and their successors, for the term of twenty-five years, shall and may have continual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended, in all courts and places whatsoever, in all manner of suits, actions and causes whatsoever; and they and their successors may have a common seal, and may make, change and alter the same at their pleasure; and also they and their successors, by the same name and style, shall be in law capable of purchasing, holding and conveying any estate, real or personal, for the purpose of erecting the said bridge and a toll-house; and such real estate, so purchased or held, shall be such only as shall be necessary to promote or attain the objects of this corporation, tax 1,6,000 to be II. And be it further enacted, That it shall be the duty of the collected by supervisor of the said town of Elmira, to levy and cause to be collected, from the real and personal property in the said town of Elmira, the sum of three thousand dollars; and that it shall be the duty of the supervisor of the said town of Southport, to levy and cause to be collected from the real and personal property in the said town of Southport, the like sum of three thousand dollars, |