created.

to the state road; thence north sixty rods on land owned by Ephraim Burlingame; thence eastwardly to the southwest corner of land owned by Mrs. Loomis; thence east on the south line of said Loomis' land forty rods east of the Allegany road; thence south to the Tonnawanda creek; thence along the west margin of said creek and bounded thereon, to the place of beginning, shall hereafter be known and distinguished by the name of the village of Alexander. And the freeholders residing or who may hereafter reside within the limits aforesaid, are hereby constituted a body corporate, by the name of the "Trus- Corporation tees of the village of Alexander." And it shall be lawful for the inhabitants of said village qualified to vote at any town-meeting, to meet at the house of H. & D. Lathrop, in said village, on the first Monday in June next, at one o'clock in the afternoon, and then and there to elect by ballot three discreet freeholders, residents of said village, to be trustees thereof, designating one of them as president, three assessors, also to be freeholders, one constable and collector and one treasurer, all of whom shall be residents of said village; and the justice or justices residing in said village shall preside at said meeting, and shall declare the several persons having the greatest number of votes to be duly elected as such officers. And on the first Monday in April, in each and every year thereafter, there shall be an annual election of said officers, at such place as shall be designated by a written notice, put up in three public places in said village, at least six days before said election, which notices shali be signed by the clerk of the board of trustees; and the trustees may call special mectings of the inhabitants of said village, by specifying in each notice the time, place and object thereof, at least ten days before said meeting; and in case, by any reason whatever, said officers or any of them shall not be chosen on the day appointed for the same, the corporation shall not be dissolved, but it shall be lawful for the voters of said village to elect such officers at a special meeting, notified as aforesaid. The inhabitants of said village, who shall be liable to pay taxes assessed upon their real or personal property, shall be voters therein, and may at their annual meeting or at a special meeting, notified as aforesaid, vote to raise by tax for the contingent expenses of said corporation, or for any village purpose or improvement, such sum or sums of money as they shall think per, not exceeding one hundred dollars in any one year.

pro

$2. The assessors shall, within thirty days after any Assessors tax shall have been voted, proceed to assess all the real duty. and personal property in said village, owned by the taxa

Ib.

Warrants.

Collector's

duty.

ble inhabitants thereof, including the real estate of nonresidents when occupied by a resident inhabitant, which occupant shall be assessed for the same, and the amount of the tax so paid by him shall be a payment of so much rent to the owner of said real estate.

$ 3. The assessors shall proceed in the same manner in making their assessments, and give the like notices, and have the same power in making corrections, as assessors of towns. When the assessment is completed, the same shall be delivered to the clerk, who shall annex thereunto a tax list for the sum voted to be raised, with five cents on each dollar for collectors' fees, to which the president shall affix a warrant, under his hand and corporate seal, directed to the collector, requiring him to collect the sum therein named, within thirty days, and pay the same, when collected, to the treasurer.

4. The president may renew such warrant from time to time in respect to delinquents.

$5. The collector shall have the same power and be subject to the same liabilities as collectors of towns. No part of the moneys raised by virtue of the preceding sections of this act, shall be applied to the making or repairing any side-walk; but the same shall be made and supported at the expense of the owners or occupants of the premises adjoining or opposite where such side-walk shall be made, in manner prescribed by the by-laws of said village; occupants of non-residents' lots shall be subject to the same liabilities therefor, and have the same remedies against the owners, as is herein provided for the assessment and collection of taxes in said village; owners and occupants who are non-residents, shall also be liable for such improvements. The trustees, together with the assessors of said village, forming a board for the purpose, may make and publish such by-laws, rules and regulations, not inconsistent with the laws of this state, and alter and modify and repeal the same, as they may from time to time deem proper and necessary for the convenience and good order of said village, and particularly in relation to the highway, streets, lanes and side-walks, and public ground, and keep the same free from obstructions and nuisances, and to have the same power as to nuisances generally; to restrain, by penalties or otherwise, the running at large of cattle, sheep, swine and geese; to ordain and provide such reasonable fines, forfeitures and penalties upon the offenders against such by-laws as they shall think proper; to determine where cross-walks and walks adjoining public grounds shall be made and at whose expense, having reference to the equality of the burthen;

to establish and maintain a common pound, and to make such rules and regulations for the impounding of animals as they may think proper, and also to appoint a poundkeeper, and regulate his duty and fees; and to compel the keeping of fire-buckets by the householders of said village.

$6. And the trustees, or any two of them, shall have Fire places, power, and they are hereby authorized, when they shall think the public safety requires it, to enter into and upon the premises of any inhabitant of said village, and to examine any fire-place, chimney, stove, ash-house or any other place where they shall think there is danger that fire may be communicated to any building, and to tear down, remove or alter the same, at the expense of the owner, so far as they shall think the public safety requires it.

fines.

$ 7. All penalties may be sued for before any justice of Suits for the peace, by the trustees, in the name of the corporation, in an action of debt, in which the pleadings may be general, and any special matter given in evidence; and no inhabitant of said village shall for that cause be disqualified to act as justice, juror, witness or constable, on the trial of any such cause.

$ 8. The trustees may remit penalties in whole or in Fines col. part. All penalties when collected, shall be paid to the lected. treasurer of said village for the use thereof, who shall keep a record of all moneys so received. It shall be the duty of the trustees, particularly the president, to see that the by-laws, rules, regulations and ordinances of said village, are duly executed and observed.

$9. The president shall preside at all meetings of the President, trustees, and at all meetings of said village; and in case of his absence, the meeting may appoint one of the trustees to preside for the time being.

S 10. It shall be the duty of the clerk to keep a record Clerk. of all the doings of the board of trustees, and to publish the same when ordered by them or the president; to keep the doings and result of all elections in a book, and also a poll list thereat.

take oath.

$11. All officers elected by virtue of this act, shall, Officers to within ten days after their election, and before they shall proceed to execute the duties of their respective offices, take and subscribe an oath or affirmation prescribed by the constitution, before any justice of the peace of said

town.

$12. And any officer elected as aforesaid, refusing or Penalty, neglecting to take the oath as aforesaid, shall forfeit for the use of the corporation, the sum of five dollars, to be

Tenure of office.

collected as other penalties are collected. The treasurer, constable and collector shall, within ten days after their election, and before they shall enter upon the duties of their respective offices, give such bonds for the faithful performance of the trust reposed in them, as the trustees shall deem sufficient.

$ 13. All officers, elected by virtue of this act, may hold their offices until their next annual meeting, and until others are elected and qualified in their places. Treasurer to S 14. The treasurer shall pay out all moneys in his hands, upon the order of the president; and shall at every annual meeting, exhibit a full account of all moneys received and paid out by him the preceding year. The legislature may at any time amend, modify or repeal this

account.

act.

Dam.

How to be constructed.

CHAP. 164.

AN ACT authorizing David Mersereau to erect a dam across the Susquehannah river.

Passed April 24, 1834.

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

S 1. It shall be lawful for David Mersereau, his heirs and assigns, to maintain a dam across the Susquehannah river, in the town of Union, in the county of Broome, near Crane's ferry, in said county; but there shall be constructed and maintained in said dam a sluice-way of such dimensions and construction as to render the passage safe and easy for boats, arks and rafts during the ordinary times for running such boats, arks and rafts; but the surface of said dam shall be constructed smooth and even, so as not to impede the passage of floating ice, or present any sticks or snag to which it may attach itself.

$ 2. Such dam shall not be so constructed as to affect or injure the rights of property of any person, unless the consent of such person shall first be obtained; and this act and every thing herein contained, shall be deemed subject to a right in the legislature at any time hereafter to alter, modify or repeal the same,

CHAP. 165.

AN ACT to authorize the supervisors of the county of Washington to raise money to build and repair bridges in the town of Argyle, in said county.

Passed April 24, 1834.

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

tax.

S 1. The supervisors of the county of Washington shall Amount of be, and they are hereby authorized and required at their next annual meeting, to cause to be levied and collected upon the taxable inhabitants of the town of Argyle, in said county, in the same manner as the contingent charges of said town are by law directed to be levied and collected, the sum of one thousand dollars, together with the usual fees for collecting the same, for the purpose of building and repairing bridges in said town; which sum, when collected, shall be paid over to the commissioners of highways of the said town, to be expended by them as they, in their discretion, shall think proper, for the purposes aforesaid.

expended.

$2. The said commissioners of highways shall have How to be power to expend the money hereby authorized to be raised, as well upon contracts already made for the building and repairing of the bridges in said town, as upon those hereafter to be made.

AN ACT to explain the act entitled, "An act authorizing the construction of a road from Port Kent, in the county of Essex, to Hopkinton, in the county of St. Lawrence, and making an appropriation therefor," passed April 18th, 1829.

Passed April 24, 1834.

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

S1. The comptroller shall draw his warrant on the treasurer in favor of the commissioners appointed to superintend the construction of the said road, for their personal services respectively, over and above the amount appropriated by the said act for the construction of the said road.