or notice in writing to be left at the place of abode of the $ 11. If the master or owner of any ship or other ves- Ballast. sel shall cause to be discharged therefrom any ballast consisting of earth, gravel or stone, into the said dock alongside of said wharf, or in the neighborhood thereof, or if any other person shall throw or place into the said dock any stones gravel or earth, without the consent of the said corporation or of the wharfinger, he shall for every such offence, forfeit and pay to the said corporation, two dollars and fifty cents, and the expense of removing the same, to be recovered with costs of suit before any court having cognizance thereof, by and in the name of the said wharfinger. Vessels may $12. The wharfinger shall have power to remove vessels at his discretion, and it shall be his duty to remove be removed. vessels when so directed by the trustees. And every master or owner of any ship or other vessel, who shall neglect or refuse to remove said ship or vessel when so ordered or required by the wharfinger as aforesaid, shall forfeit and pay to the said corporation a fine of two dollars for every hour he shall neglect or refuse, to be recovered with costs of suit, before any court having cognizance thereof, by and in the name of the said wharfinger. vered. S13. The wharfinger shall have full power, in his own Wharfage name or in the name of the corporation, to ask, demand, how recoand receive the wharfage as it shall become due, and in his own name or in the name of the said corporation, to sue for and recover the same in any court having cognizance thereof. And in all cases when he is empowered to act, or where any thing is required of him by this act, Repairs. Transfers. General pro. visions. Criers. he shall be subject to the control and direction of the treasurer. $ 14. It shall be lawful for the proprietors of the said wharf at their annual meetings, or at their special meetings, to order that the whole or any portion of the receipts or income of said wharf shall remain in the hands of the treasurer, for the purpose of being appropriated to the necessary repairs or extension of said wharf, and also to raise money by loan or by tax on the respective shares for the same purpose; provided that no such tax shall be paid in any other way than by the income on the respective shares, unless with the consent of the shareholders. And they may appoint a committee for the purpose of superintending such repairs or extension as they may order; which committee shall have power by warrant under their hands, to draw upon the treasurer for such sum or sums as may be in his hands from time to time, not exceeding the amount so ordered by the said proprietors for repairs or extension as aforesaid. And the said committee shall keep an exact and true account of their receipts and expenditures, and of all their doings in the premises, and report and exhibit the same to the meetings of the said proprietors, when so required. $ 15. No transfer of stock shall be valid or effectual until such transfer shall be entered in the book or books to be kept by the treasurer for that purpose. The stock shall be deemed to be personal property. $ 16. The said corporation shall be subject to the provisions and restrictions contained in the third title of chapter eighteen, of the first part of the Revised Statutes. CHAP 170. AN ACT to regulate sales at auction in the village of Passed April 19, 1833. S1. If any person shall act as crier or bellman, to give from the trustees of the said village, he shall forfeit twenty-five dollars to the said trustees for the use of the said village; which license may be granted and revoked at the pleasure of the said trustees. $2. Whenever any recovery shall be had for any pe- Recoveries. nalty imposed by this act, execution shall issue thereon, and the same shall be endorsed and executed in the manner provided in the one hundred and forty-third section of the fourth title and second chapter of the third part of the Revised Statutes, in relation to penalties incurred for a violation of the excise laws. 3. All sales of goods by public auction, in the said Sales. village of Canandaigua, by an auctioneer, excepting books or prints, shall be made in the day time, between sunrise and sunset; and every auctioneer who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall also forfeit his appoint ment. CHAP. 171. AN ACT to incorporate the village of Westfield. Passed April 19, 1833. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. All that part of the town of Westfield, in the county of Chautauque, comprised within the following limits: Beginning at B on the plot at a chesnut post and stones piled round it, on the west high bank of Chautauque creek, in lot eighteen, township four, range fourteen, of the Holland company's land; from which a hemlock tree, ten inches in diameter, bears north three degrees west, nineteen links, marked C. V. W. 1832; and a beech tree, one foot in diameter, bears north sixty-five and a half degrees east, fifty links, marked H. G. S. 1832; and ran from this post above mentioned, north forty-seven degrees twenty minutes east, forty-eight chains thirty-one links, to a black oak post, in a cleared field, from which a maple tree, twelve inches in diameter, bears south fifty-five and one fourth degrees west, eighty-eight links; thence north forty-three degrees west, fourteen chains forty-one links, to a post in the west line of land owned by Jonathan Cass, from which post a red cedar post (which is the southwest corner of Jonathan Cass' land,) bears south seventy-four links; thence north along Cass' west line, fourteen chains Boundaries. Corporation creatod Objects. First meeting Officers. Time of holding general meetings. ten links, to a chesnut post; thence west twenty-one chains ninety-four links, to a hemlock tree, eighteen inches in diameter, squared and marked N. 1832; thence south fifty-six and a half degrees west, thirteen chains twentytwo links, to a red cedar post, the northwest corner of David Beecher's door-yard fence in the east bounds of the North Portage-street; thence south nine degrees fifty-one minutes west, twenty-one chains seventeen links, across Chautauque creek, to a hemlock tree, spotted and marked N. W. 1832, standing on the west high bank of Chautauque creek; thence running on the top of the west high bank of Chautauque creek, and following as it winds and turns southerly, to the place of beginning, shall hereafter be known and distinguished as the village of Westfield; and the inhabitants residing within the bounds aforesaid shall hereafter be a corporation, by the name of the trustees of the village of Westfield. $ 2. The objects of this corporation are, protection against the regulation of the roads, streets, alleys and sidewalls; the prevention and abatement of nuisances the restraining of all domestic animals; the suppression of vice, and the promotion of good order within its limits. S3. The supervisor of the said town of Westfield, or in case of his death, absence or inability, the clerk of said. town, shall convene the first meeting of the inhabitants of said village, on the first Monday of May next, or as soon thereafter as circumstances will permit, at such place as he shall designate, within the limits of said corporation, by a notice of at least six days, published in a newspaper printed in said village, or posted in three public places, and shall preside at said meeting, determine the qualifications of voters, canvass the votes and declare the result. $ 4. Being so convened, the inhabitants of said village qualified to vote at town-meetings, shall elect from their number one president, five trustees, one clerk, one treasurer, and one collector; and the inhabitants of said village owning property therein liable to be assessed by the town assessors, shall by vote determine whether any, and if any, how much money shall be raised by tax under this act the ensuing year, and designate the objects, as nearly as may be, for which it is to be raised; but the sum so to be assessed and raised shall not exceed five hundred dollars in any one year. $5. In each succeeding year the inhabitants shall meet on the first Monday of May, for the annual election of their officers; at which the president of the preceding year, or in case of his default, one of the trustees, to be designated by the said meeting, shall preside. In other respects, the business and proceedings shall be similar to those prescribed in the last section, and the power for raising money shall be the same. If, however, from inadvertency, or from any other cause, the annual meeting shall not be held on that day, the corporation shall not for that reason be dissolved, but a special meeting may afterwards be called, as hereinafter prescribed, at which the business of the annual meeting may be transacted. voting. $ 6. At the election of officers the votes shall be taken Manner of by ballot, and the candidate receiving a plurality of votes shall be elected; and all resolutions in general meeting, as well as in the sessions of the board of trustees, shall be carried by a plurality of votes given. and tenure $7. Every person elected or appointed to any office, Acceptance shall, within ten days after his election or appointment of office. and notice thereof, signify his acceptance of the office, by a writing lodged with the clerk, and shall hold his office. till the next annual election, and till a successor shall have qualified to act in his stead. refusing to sidout. pre $8. Every person who shall omit the duty prescribed Penalty for in the last section, shall be deemed to have refused to serve. serve, and, except the treasurer and collector, shall forfeit the sum of five dollars to the use of said corporation. $ 9. The president shall preside at all general meetings Duty of) and at all meetings of the board of trustees, and shall direct the clerk to call a special meeting of the inhabitants whenever the business of the annual meeting shall not have been done on the day designated for that purpose, and whenever requested so to do, in writing, by five freeholders of said village. He shall also direct the clerk to convene the board of trustees whenever there shall be a vacancy in office, and whenever he may deem it necessary for any other purpose, and whenever required so to do, in writing, by two freeholders of said village. He shall direct the treasurer to prosecute for any penalty under this act or the by-laws of the village, which shall come to his knowledge. As presiding officer, he shall have a casting vote in case of a tie in an election, or on the passage of any by-law or resolution; and whenever a draft is to be made upon the funds of the corporation, he shall send to the treasurer his check for the amount, and retain a copy thereof in a book to be kept by him for that purpose. $10. The clerk shall file and keep all papers lodged with Duty of clerk him; he shall attend all general meetings, and all meetings of the board of trustees, and record the proceedings of 1 |