Duty of trea

surer.

Duty of sol lectus.

Powers and duties of trustees.

each in proper books to be kept by him for that purpose. He shall give six days' notice of the time and place for holding the annual meetings in a newspaper printed in said village, or by posting the same in three public places in said village. He shall give the like notice of every special meeting, whenever required to call a special meeting, as herein before directed, stating therein the object for which the said special meeting is called. He shall convene the board of trustees whenever required so to do by the president, by serving a notice personally upon each. He shall also publish the by-laws and ordinances of said village, as the board of trustees shall direct.

$ 11. The treasurer shall receive the funds of the corpo ration, and pay them out on the order of the president; he shall prosecute in the name of said corporation for all fines and penalties incurred under this act, or the by-laws of said village. He shall commence such prosecution whenever required so to do by the president or one of the trustees, and whenever he shall have reasonable cause to believe such fine or penalty has been incurred; and when required, shall give a bond with surety satisfactory to the president for the faithful performance of his duty, which bond shall be filed with the clerk, and if forfeited, prosecuted by the president.

S 12. The collector shall collect the taxes imposed by virtue of this act, retaining five per cent for his fees, and shall pay the balance to the treasurer and take his receipt. For the purpose of collecting taxes, he shall possess all the powers and privileges, and be subject to all the restrictions of a town collector under the general laws of the state; and when required, he shall give a bond with surety satisfactory to the president for the faithful discharge of his duty, which shall be filed with the clerk.

$13. The trustees in general meeting shall be entitled to vote as other villagers. They shall convene whenever required so to do by the president to form a board of trustees, and as such board, they shall have power to establish such by-laws, ordinances, rules and regulations, consistent with the laws of the land, as they may deem necessary and proper, to carry into effect the objects of the corporation. They shall prescribe more particularly the duties of the officers, direct the manner in which the clerk and treasurer shall keep their books, and the time and manner in which the treasurer and collector shall account. They may enforce the observance of the provisions of this act, and of their own by-laws and ordinances by premiums, and by fines and penalties. When authorized so to do by vote of general meeting, they shall purchase and hold real

estate for the use of the corporation, not exceeding the value of three thousand dollars, and shall have power to sell, convey or lease the same; to cause such wells, reservoirs, engine-houses, markets, and other improvements to be made, as the inhabitants of said village, liable to be assessed by the town assessors, shal!, at general meeting, direct. They shall procure hooks and ladders and buckets, and such other articles of personal property as may be found necessary to carry into effect the objects of the corporation, or cause the villagers to procure the same, as shall be deemed most expedient and proper. When there has been a voté to raise a sum of money as provided in section four, the trustees shall take the valuation of all the real and personal property in the limits of said village, in the same manner as assessors in the several towns of this state are required to do, and they shall give the same facilities for correcting any mistake or error therein as are required of said assessors. They shall then proceed to make out a tax roll as the tax rolls of the several towns are by law required to be made out, to which they shall annex a warrant to the collector, returnable and renewable as shall be prescribed by the by-laws. When a majority of the freeholders residing upon any street or road, shall, in writing, request said road or street to be paved, flagged, ornamented with shade trees, or improved or ornamented in any other manner, the trustees shall cause the same to be done by tax upon the property on said street or otherwise, as may be provided by the by-laws. They shall also execute all the powers and duties of commissioners of highways within the bounds of said village. They shall divide the village into as many road districts as they shall deem proper, and appoint overseers for the several districts; and for the more effectual improvement of the streets and roads in said village, the corporation shall be exempt from the jurisdiction of the commissioners of highways of said town; and all the provisions contained in title one, chapter sixteen, part first of the Revised Statutes, prescribing the powers and duties of commissioners and overseers of highways in the towns of this state, except what may be inconsistent with the provisions of this act, are hereby declared to apply to this corporation. The trustees may appoint as many firemen as the necessities of the village may require, and at pleasure remove them and appoint others in their stead, and organize one or more fire companies according to law, and establish rules and regulations for their observance. They may also, when authorised so to do, by vote of the taxable inhabitants of the village, build a pound, appoint a keeper, and direct the manner in which all domestic animals found running at

Fines.

Jurisdiction

given to jus tices.

Pleadings.

large in said village may be seized, empounded and sold. They may also from time to time, make such by-laws and ordinances as the safety and prosperity of the village may require, as to all manner of nuisances; as to all manner of obstructions and encumbrances of the roads, streets and side walks; as to fire-works and the firing of guns in said village; as to running and dangerous driving of horses; as to constructing and keeping in safe condition, fire-places, chimneys, stoves and stove-pipes, and safe deposit of ashes; as to the construction of scuttles in the roofs of buildings, and access to them; as to markets; as to establishing and maintaining a village watch; as to lighting the roads and streets, and as to erecting and keeping hayscales. The trustees of said village shall have power to regulate the keeping of petty victualling-houses therein. The powers and duties by law vested in the commissioners of excise of towns, shall be and hereby are transferred to and vested in the trustees of said village," so far as the same shall extend to said village, and be exercised by said trustees in the manner provided for such commissioners; but no license to tavern-keepers or grocers shall be granted, unless upon the concurrence of a majority of the trustees elected therein: nor shall the said trustees in any case, or under any pretence of color whatever, grant the licenses authorised to be given to keepers of inns and taverns, to grocers, or keepers of such victualling-houses; nor shall the trustees have any rights or powers in reference to the granting of licenses to tavern-keepers or grocers in said village, other than those by law vested in the commissioners of excise in the several towns in this state. The trustees shall also have exclusive power to license or prevent theatrical performances, and the exhibition of every kind of shows within the limits of said corporation, on such conditions and under such regulations as they may think proper.

S 14. In case the treasurer shall neglect to commence a suit for the recovery of any fine or penalty imposed by this act, or by the by-laws of the corporation, for thirty days after the same shall have been incurred, any person residing in said village may prosecute in his own name, and for his own benefit, for such fine or penalty.

S 15. The justices of the peace of the said town of Westfield, shall have jurisdiction and cognizance in all actions brought to recover fines and penalties not exceeding fifty dollars, imposed by this act, and the by-laws to be established under it.

$ 16. In all actions to be brought by virtue of this act, it shall be sufficient for the plaintiff to declare that the

defendant is indebted to him, or to the corporation by name, as the case may be, in the sum of the fine or penalty, or other amount which he expects to recover, with reference to such part of this act or of the by-laws as the action may be founded upon.

for jurors,

$ 17. No inhabitant of said village shall be disqualified Villagers to act as a justice, juror, constable or witness, in any ac- competent tion in which the corporation may be a party, by reason of &c. any interest he may have in the result of said suit, as such inhabitant.

nister oath..

S18. Whenever at any meeting to be held under this Presiding offi act, it shall become necessary that any person should be cer to admisworn, the presiding officer is hereby authorised to administer the oath or affirmation, and to certify the affidavit or deposition, if any be taken.

$ 19. In case any real estate in said village shall be Tenant may owned by one or more persons and occupied by another charge over. person or other persons, the taxes upon it may be assessed to either the owner or occupant. If in such case the tax is paid by the occupant, he may charge the same to the owner, unless by some agreement such occupant ought to pay the same.

S 20. The legislature may at any time alter, amend or Rights rerepeal this act.

served.

CHAP, 172.

AN ACT to incorporate the president, directors and company of the Troy city bank.

Passed April 19, 1833.

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

$1. There shall be established in the city of Troy, in Name. the county of Rensselaer, a bank, to be called "The Troy City Bank;" whose operations of discount and deposit shall be carried on in the city of Troy, and in the fourth ward thereof, and not elsewhere.

created:

$2. All persons who shall become holders of the capi- Corporation tal stock of the said bank, pursuant to this act, shall be, and they are hereby constituted a body corporate, by the name of "The President, Directors and Company of the Troy City Bank;" and such corporation shall continue until the first day of January, in the year one thousand eight hundred and sixty-three.

Banking powers.

$ 3. The said corporation shall have power to carry on the business of banking, by discounting bills, notes and other evidences of debt; by receiving deposits; by buying and selling gold and silver bullion, foreign coins and bills of exchange; by issuing bills, notes and other evidences of debt; and by exercising such other incidental powers as shall be necessary to carry on such business. Real estate. $4. The real estate which it shall be lawful for the said corporation to purchase, hold and convey, shall be,

Restriction.

Stock.

Subscription book.

To be kept open three days.

1. Such as shall be requisite for its immediate accommodation in the convenient transaction of its business: or, 2. Such as shall have been mortgaged to it in good faith, by way of security for loans previously contracted or for monies due: or,

3. Such as shall have been conveyed to it in satisfaction of debts previously contracted in the course of its dealings: or,

4. Such as shall have been purchased at sales upon judgments, decrees or mortgages, obtained or made for such debts.

The said corporation shall not purchase, hold or convey real estate in any other case, or for any other purpose.

$ 5. The said corporation shall not, directly or indirectly, deal or trade in buying or selling any goods, wares, merchandize or commodities whatsoever, or in buying or selling any stock created under any act of the United States, or of any particular state, unless in selling the same when truly pledged by way of security for debts due to the said corporation.

S6. The capital stock of the said corporation shall be three hundred thousand dollars, to be divided into six thousand shares of fifty dollars each; and John T. McCoun, William Hart, Robert D. Silliman, Alsop Weed, Henry Vail, Abraham Van Tuyl, Job Pierson, Gilbert Reilay and George B. Warren, are hereby appointed commissioners to receive subscriptions to the said capital stock.

$ 7. The commissioners, or a majority of them, shall open a subscription book for the said stock, on such day and at such place in the city of Troy, as they shall appoint; and shall give at least fourteen days' previous notice of such time and place, in one or more of the newspapers printed in said city of Troy, and in the state paper.

$ 8. The book for subscriptions shall be kept open at least three days, for six hours each day; and the sum of five dollars on each share subscribed for shall be paid to the commissioners at the time of making such subscrip