are hereby declared, competent to give testimony in any cause wherein the said trustees are a party, notwithstanding the interest they may have as members of said corporation.

$5. The freeholders and inhabitants qualified to vote. and treasurer at town meeting, shall, in every year at the annual meeting, choose, by a vote of a majority of them, three judicious freeholders, inhabitants of said village, as assessors, and one treasurer.

Collector and clerk.

Officers to take oath.

President.

Accounts.

S 6. It shall be the duty of the trustees, and they are hereby authorized to appoint, under the hand of the president and the seal of the corporation, one collector and one clerk; and it shall be the duty of the clerk to keep a faithful record of all the doings of the freeholders and inhabitants of said village at their annual and other legal meetings, in a book to be provided by the trustees for that purpose.

$7. The trustees, assessors and treasurer so to be chosen as aforesaid, and the collector and clerk so to be by the trustees appointed as aforesaid, shall, within ten days after such election and appointment, and before they proceed to the exercise of their several offices, severally take and subscribe an oath or affirmation before a justice of the peace of said village or county, for the faithful performance and execution of the trust or office to which they may be severally chosen, elected or appointed.

S8. The trustees, within ten days after their election in every year, shall, and it is hereby made their duty, to assemble in said village, and to choose and appoint some suitable person of their body to be president of said board of trustees, whose duty it shall be, when present, to preside at the meetings of the trustees, to order extraordinary meetings of the trustees whenever he shall think proper; to receive complaints of the violation of any of the by-laws, rules and ordinances of the said village, and to prosecute in the name of the trustees, all offenders against the same, and to see that the public property belonging to said village be suitably taken care of and kept in order, and to do such other acts and things as may be proper for him as president of the board of trustees; and in case of the death or disability of such president, the said trustees shall choose out of their body a successor, in manner before mentioned.

S 9. 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 said village, and on exhibiting the same to the treasurer, shall be entitled to receive the amount thereof out of any

money in the treasury; the treasurer, assessors and clerk shall be paid for their services such suitable compensation as the said trustees by a by-law of the corporation shall provide.

duty.

$10. The collector shall, within such time after the re- Collector's ceipt of his warrant for the collection of any tax that may have been ordered to be raised, as shall be hereafter directed by the laws of the said corporation, collect and pay over the same to the treasurer; and all moneys at any time in the hands of the treasurer, shall be liable to be drawn out by the trustees, and applied and disposed of as shall have been directed by the inhabitants of said village. S 11. The trustees to be elected by virtue of this act, Tenure of shall continue in office until the first Tuesday of May next after their election, and until new trustees shall be chosen and qualified; and the assessors, treasurer, collector and clerk, chosen and appointed, shall hold their respective offices one year from the time of their election or appointment, and until others are chosen and appointed in their stead and have qualified.

office.

$12. It shall be the duty of the trustees, and they are Firemen hereby empowered to appoint, under the hand of the president and the corporate seal of the said village, three firewardens, and a company of fifteen firemen, out of the inhabitants of said village, to have the care and management of the fire engines and implements for extinguishing fires; and the trustees may remove all or any of the wardens or firemen, and appoint others in their stead, as often as they shall think proper.

S13. If any inhabitant of said village, qualified to vote Penalty. in relation to the assessments of taxes, shall be chosen a trustee, and having notice of his election, shall neglect or refuse to take upon him the said office, it shall be lawful for the trustees who do accept said office to impose a fine upon any such person so neglecting or refusing, not exceeding five dollars, to be recovered as other fines and penalties are to be recovered by this act, and to the use of the said village.

S14. The said corporation shall possess the general General pow powers, and be subject to the provisions and liabilities of " the third title of chapter eighteen of the first part of the Revised Statutes.

CHAP. 158.

AN ACT to amend an act entitled, "An act to incorporate the East river fire insurance company of the city of New-York," passed April 24, 1833.

Passed April 24, 1834.

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

S1. That the period for filing the affidavit in the case of the East river fire insurance company of the city of New-York, passed April 24th, 1833, agreeably to the twenty-ninth, thirtieth and thirty-first sections of the eighteenth chapter, part first of the Revised Statutes, be, and is hereby extended until the twenty-fourth day of April, in the year of our Lord one thousand eight hundred and thirty-five.

CHAP. 159.

AN ACT in addition to the several acts relative to the capitol, and the grounds connected therewith.

Passed April 24, 1834.

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

S1. The treasurer shall pay, on the warrant of the comptroller, to the trustees of the capitol, or to their order, not exceeding the sum of one thousand four hundred and seventy-five dollars, to enable the said trustees to carry into effect the provisions of the first and second sections of the act entitled, "An act relative to the capitol, and the grounds connected therewith, and belonging to the people of this state," passed April 14th, 1832.

S2. This act shall take effect on the passage thereof.

CHAP. 160.

AN ACT to remove certain restrictions contained in a grant of land from the people of this state to Abraham Varick.

Passed April 24, 1834.

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

$1. The condition of the grant made by the commissioners of the land-office, by letters patent, bearing date the second day of July, one thousand eight hundred and thirty-two, to Abraham Varick, of a lot of land in the village of Oswego, for the location of a marine rail-way, shall not be so construed as to prevent the said Abraham Varick, his heirs or assigns, from erecting and placing on such lot all such shops or buildings as shall necessarily ap pertain to the construction and use of a marine rail-way. $ 2. The time limited for the construction of said marine rail-way is hereby extended until the second day of July, one thousand eight hundred and thirty-seven.

CHAP. 161.

AN ACT to amend the charter of the Bainbridge central bridge company.

Passed April 24, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S 1. The president, directors and company of the Bainbridge central bridge company are hereby authorized and empowered to demand and collect of each footman one cent toll for each time such footman shall cross said bridge, in the same manner as other tolls are collected by said company.

$ 2. This act shall take effect immediately after its pas

sage.

27

Constable.

To take oath and give bond

Evidence.

CHAP. 162.

AN ACT to amend the act entitled,

"An act to incorpo

rate the village of Sherburne."

Passed April 24, 1834.

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

$1. The trustees of the village of Sherburne are hereby authorized and empowered, annually, at their first meeting after the election of trustees in each year hereaf ter, to appoint one constable, who shall, after his acceptance of said office, have all the power and authority which is given to constables elected in any of the towns of this state in and by the Revised Statutes.

$ 2. The said constable, before he shall enter upon the duties of his office, and within eight days after he shall receive notice of his appointment, subscribe and take the usual oath of office, and also execute a bond with one or more sureties, to be approved of by said trustees, for the faithful discharge of the duties of his said office, and the payment of all moneys which may be collected by him on any execution; which bond and oath of office shall be filed with the clerk of said village.

$3. The production of the said bond, or a certified copy thereof, shall be prima facia evidence in all courts within this state.

Boundarie

CHAP. 163.

AN ACT to incorporate the village of Alexander, in the county of Genesee.

Passed April 24, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

S1. All that district of country situate in the town of Alexander and county of Genesee, contained within the following boundaries, that is to say: Beginning on the west margin of the Tonnawanda creek, at the southeast corner of land owned by Levi Willard; thence westerly to the southwest corner of land owned by Ichabod Thompson; thence northerly to the south line of land owned by David Walden; thence west to the southwest corner of said Walden's land; thence northwardly on the west bounds of said land, and land owned by Benjamin Dutton,