tively render their account to the said trustees, at the time and in the manner required by the act of April 20th, 1825. labor. $3. The division of the said village into two or more Highway road districts, shall not prevent the trustees from directing the labor assessed in one district from being laid out in another within the said village; and the overseers of one district may, under such direction, lay out the work assessed therein in repairing streets, side-walks and bridges in another district, and the inhabitants of the said village shall continue liable to work or commute out of their district in the same manner as before the passing this act. expended. S 4. Such portion of the labor assessed on the inhabi- How to bo tants of the said village, as the trustees shall from time to time direct, shall be expended in making and repairing streets and side-walks within the said village, and in repairing the roads out of the said village, and in building and repairing embankments, either within or without the bounds of said village, to prevent the overflowing of White creek. $ 5. Any person duly warned to work on the said Penalty. streets, side-walks or embankments, or on the roads out of the said village, who shall neglect or refuse so to do, or to commute for the same, shall be liable to the same penalty, and to be recovered in the same manner, as is prescribed by title first, chapter sixteen, of the first part of the Revised Statutes. tion. $ 6. Whenever any person in the said village is assess- Commutaed to work on the highway as aforesaid, for any period exceeding three days, the trustees of the said village are hereby authorized to permit him to commute in money, at the rate of fifty cents per day, for such part of the excess over three days as they shall think proper, not exceeding ten dollars to any one person in any one year. The money thus ordered to be paid in lieu of work, may be recovered by said trustees in an action for money had and received, before any justice of the peace of the said county, with costs, whenever the said person so ordered to commute shall neglect for three days, to pay the said commutation money after a demand by the said trustees. Corporation created. Wards. Meoting to elect officers. CHAP. 266. AN ACT to incorporote the village of Binghamton. The People of the State of New-York, represented in $1. All that part of the town of Chenango, in the county of Broome, which is contained in the following bounds, to wit: Beginning on the north banks of the Susquehannah river, at the southwest corner of Lewis L. Johnson's farm, and running thence north two degrees west, eightynine chains twenty-five links to the southwest corner of lot number twenty-nine, Bingham's patent; thence south seventy-three degrees east, forty-nine chains and fifty links, to the Chenango river; thence to the southwest corner of Christopher Eldredge's farm; thence north eighty-eight degrees thirty minutes east, to the west line of Joshua Whitney's farm; thence south one degree thirty minutes east, to the Susquehannah river; thence to and down the middle of the same to a point directly south of the place of beginning, and thence to the place of beginning, shall hereafter be known and distinguished as "The Village of Binghamton," and the inhabitants residing within the bounds aforesaid shall hereafter be a body politic, by the name of the village of Binghamton. § 2. Said village shall be divided into five wards, numbered one, two, three, four, five; and all that part of said village lying west of the Chenango river shall be the first ward; all that part lying east of the Chenango river, south of the centre of Court-street, and west of the centre of Centre-street, shall be the second ward; all that part of said village lying east of the Chenango river and north of the centre of Court-street, and west of the centre of Chenango-street, shall be the third ward; all that part lying east of the Chenango river, and east of the centre of Chenango-street, and north of the centre of Court-street, shall be the fourth ward; and all the residue of said village lying south of the centre of Court-street and west of the centre of Centre-street, shall be the fifth ward. S3. The inhabitants residing in said districts respectively, and qualified to vote under the provisions of this act, shall meet on the first Tuesday of June next, at nine o'clock in the forenoon, in the first ward, at Samuel Peterson's inn, in the second, at A. Davis' inn, in the third, at the Methodist chapel, in the fourth, at the Baptist church, and in the fifth, at the new school-house, and then and there elect by ballot, in each ward, one trustee and one assessor, who shall be electors and inhabitants of the districts for which they are respectively elected. Samuel Smith shall attend and preside as inspector of said election in the first ward, George Park, of the second ward, Levi Demmick, of the third ward, William Seymour, of the fourth ward, and Edward Kellogg, of the fifth ward, and shall declare the persons receiving the greatest number of votes in the respective wards duly elected, and shall, as soon as may be thereafter, notify them of their election; and in case of the non-attendance of the persons named as inspectors aforesaid, the majority of voters present in any of said wards shall appoint some proper persons to preside at such election, who shall have the same power and perform the same duties as any of the inspectors above named; and on the first Tuesday of September in each year thereafter, there shall in like manner be a new election of the same officers, and the trustee for the time being, elected from any ward, shall preside in such ward at such election, and conduct the same as the inspectors above named are above directed. The qualified voters in either of said wards at any annual meeting, after having elected the said officers, may, by vote or resolution, designate the place and time of day for holding the next annual election. But in case no resolution or vote is taken as aforesaid, then the said trustees, or a major part of them, shall cause a notice to be posted up in three or more public places in each ward, and to be published in a newspaper printed in said village at least three days previous to said election, of the place and time of day at which the same is to be held. The persons above named as inspectors of the first elections to be held under this act, shall give the like notice of such elections as above required. S4. The said trustees shall have power to elect a free- President. holder residing in said village, and not one of their own number, to be president of the board of trustees, to appoint one treasurer, one clerk, an attorney, one police constable and five fire wardens, who shall be inhabitants of said village, and entitled to vote for members of assembly therein. S 5. No person shall be entitled to vote in any ward at any election held under this act, unless he be at the time an inhabitant of said ward. Voters. ing of inhabi $6. The trustees shall have power to call special meet- Special meetings, which shall be called and conducted as annual meet- tants. ings are, whenever they or a majority deem fit, either to fill vacancies in office happening by death, removal, resignation or otherwise, and for other purposes; and the Penalty. Special meet officers elected at an annual or special meeting shall hold their offices until others are duly elected and qualified to succeed them. $7. If any person who shall have been duly elected to any office in said village, shall, for five days after being notified of such election, refuse to take upon himself the duties of the office, or neglect to give notice of his acceptance thereof to the clerk of the board of trustees, he shall for such neglect or refusal, forfeit for the use of the corporation, the sum of five dollars, with costs of suit, recoverable in the name of the trustees of said village, in an action of debt, in which the said trustees may declare generally upon this section, and give the special matter in evidence; but no person shall be finable for refusing to serve for two successive years after his election. S8. It shall be the duty.of the president of said village, ing of trus- when present, to preside at the meetings of the trustees, to call special meetings of the trustees whenever he shall think proper, to receive complaints of any breach of the by-laws, to see that the by-laws, rules, regulations and ordinances are faithfully executed and preserved, and to prosecute in the name of the said trustees for all offences against such by-laws and ordinances. Clerk. By-laws. $9. It shall be the duty of the clerk of said village to keep the books and papers belonging to said corporation, to record in a book to be provided for that purpose the rules, votes, orders, regulations and proceedings of the inhabitants at their annual and special meetings, and also all the by-laws, votes, ordinances and proceedings of the board of trustees, to notify officers of their election as soon as may be after their election, and to perform such other duties as the trustees shall from time to time direct and require of him. And the said trustees may allow to him such sum for his services as they shall deem proper; but neither the said trustees or treasurer shall receive any thing for their services under this act. $10. The said trustees and their succesors in office shall have power to make and publish rules and regulations relative to removing and preventing encroachments upon the streets and sidewalks of said village; to restrain cattle, sheep, horses, geese and swine from running at large in said streets; to regulate slaughter-houses and nuisances generally; and to remove, destroy or prevent the same; to suppress and restrain disorderly houses, houses of ill fame, gaming houses, and instruments and devices for the purpose of gaming; to regulate and prevent the firing in the streets of guns, pistols, crackers, rockets and squibs; to prevent the immoderate riding and driving of horses and carriages in the same; to appoint one or more persons at seasonable times to enter and examine all houses, stores, yards and out-houses, to ascertain if they are in a dangerous state in regard to fires, and direct and compel the owner or occupant to put the same in a safe condition; to examine and regulate the weights and measures of the said village; to erect and regulate hay-scales in the same; to establish and organize one or more fire and hook and ladder companies in said village, the members of which company or companies not to exceed sixteen in number to each engine, and who, when attached to an engine, shall be exempt from military duty, except in cases of insurrection or invasion, and from jury duty, except from justices juries in said village, and to remove said firemen and appoint others in their steads; to prescribe the powers and duties of fire companies in preventing and extinguishing fires; to compel each and every male inhabitant in said village to keep two water buckets of a size and kind to be designated by the trustees in their general by-laws; to construct cisterns. and reservoirs for the use of said village. The trustees in said village shall also have power to cause the sidewalks on the streets and highways within the compact parts of said village to be levelled, raised, gravelled, stoned, paved, flagged and repaired, and ornamented with trees, and to compel the owners or accupants of any lands or lots adjoining such sidewalks, streets, or highways to make such improvement upon the sidewalks, streets and highways as aforesaid, in front of said land or lot, and to determine and prescribe the manner of doing the same, and the materials to be used therein, and the quality of such materials; and in case the owner or occupant of any such land or lots shall neglect or refuse to complete the said required improvement within such reasonable time as shall be required by said trustees, the said trustees may cause such improvements to be made or completed, and the expenses thereof may be by them assessed on such owner or occupant so neglecting or refusing, and be collected by warrant, to be issued by the president and trustees, in the same manner as other taxes are directed to be collected by this act; and in case such tax or assessment shall not be paid or collected, the same may be recovered by the said trustees, in the corporate name of the village, against the owner of said land or lot, in an action of debt; to enforce and carry into effect all the rules, regulations and ordinances adopted by the corporation at their annual or special meetings, by inflicting such penalty as they shall deem fit, not exceeding ten dollars for any one offence, recoverable with costs in an |