derived from such improvement. That it shall be lawful for the freeholders and inhabitants of said village, as often as they shall vote to raise any sum or sums of money for any of the purposes aforesaid, to specify, as far as is convenient, the particular purpose for which said sum or sums, or any part thereof, shall be appropriated; that the assessors may have regard thereto in assessing the same upon the respective freeholders and inhabitants of said village: provided nevertheless, that if any person shall conceive himself or herself aggrieved by any such assessment, it shall be lawful for such person to appeal from the said assessor to the trustees of the said village, in ten days after such assessment shall be made, and public notice thereof given, giving notice to the said assessors or any one of them, and the said trustees, or a majority of them, of such appeal, and of the time of day and place in the village, of presenting such appeal to the said trustees, who shall then and there hear the same, and do justice in the premises.

S 3. It shall be lawful for the trustees of the said vil- By-laws. lage, or the majority of them, and their successors, to make, ordain, constitute and publish such prudential bylaws, rules and regulations, as they from time to time may deem meet and proper, and such particularly as relate to the streets, alleys and highways of the said village, and draining and filling up, repairing, keeping in order and improving the same; relative to slaughtering houses and nuisances generally; relative to restraining geese, swine or cattle of any kind; relative to the inspection of weights and measures; relative to the keeping and regulating hayscales; relative to regulating inns or taverns, and licensing groceries; relative to any thing whatsoever that may concern the good government of said village: but no such by-laws shall extend to the regulating or fixing the prices of any commodities or articles of provision offered for sale: provided also, that such by-laws be not contrary to nor inconsistent with the laws of this state, nor of the United States: and it shall also be lawful for the said trustees, or the majority of them, to require the householders and occupants of buildings in said village, under suitable penalties, to furnish themselves with fire-buckets, and other necessary utensils for extinguishing fire, and also keep their fire-places and chimneys clean and in good repair.

penalties.

S4. The said trustees, or a major part of them, as Fines and often as they shall make, ordain and publish any by-laws for the purpose aforesaid, may make, ordain, limit and provide such reasonable fines, penalties and forfeitures

Assessors

rer.

against the offenders of such by-laws as they may think proper, never exceeding twenty-five dollars for any one offence, to be prosecuted before any justice of the peace of said county by the trustees, to and for the use of said village; and in all cases it shall be deemed sufficient for said trustees, in any suit or action to be brought for any such fines, penalties and forfeitures, to declare generally that the defendant or defendants are indebted generally to the trustees of the village of Morrisville, in the amount of such fine, penalty or forfeiture, to be paid to the trustees for the time being, when thereunto required, and under such declaration to give the special matter in evidence; and the freeholders and inhabitants of said village shall be deemed and are hereby declared competent to give testimony in any cause wherein the said trustees are a party, notwithstanding any remote interest they may have as members of said corporation.

$5. The freeholders and inhabitants qualified to vote and treasu- as aforesaid, shall, in every year at the annual meeting, and they are hereby authorised to choose, by a vote of a major part of them, three judicious freeholders, inhabitants of said village, as assessors, and one treasurer.

Collector and clerk.

Oath.

President.

$6. It shall be the duty of the trustees, or a majority of them, and they are hereby authorised to appoint, under the hand of the president and the seal of the village, 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 trus tees 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 trustecs appointed as aforesaid, shall, within ten days after each election and appointment, and before they proceeds to the exercise of their several offices, severally take and subscribe an oath or affirmation before a justice of the peace of the 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, or the major part of them, 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 any of the by-laws, rules and ordinances are faithfully

executed and observed, and to. prosecute in the name of the trustees, all offenders against such by-laws, and to see that the public property belonging to the 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 as before mentioned.

S 9. The trustees shall keep a just and accurate ac- Accounts. count 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; and that the treasurer, assessors, and clerk, shall be paid for their services such suitable compensation as the said trustees, or a majority of them, by a by-law of the corporation, shall provide; and that the trustees shall receive for their services such reasonable compensation as the inhabitants of said village, at their annual meeting, shall think proper to grant and allow.

S 10. The collector shall, within such time as shall be Collector. hereafter specified by the laws of said corporation, next after the receipt of his warrant for the collection of any tax that may have been ordered to be raised, collect and pay over the same to the treasurer; and all monies at any time in the hands of the treasurer, shall be liable to be drawn out by the trustees, or a major part of them, and applied and disposed of as shall have been directed by the inhabitants of said village.

office.

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 following after their election, and until new trustees shall be chosen and qualified: that 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.

$ 12. It shall be the duty of the trustees, or a majority Firemen. of them, and they are hereby empowered to appoint, under the hand of the president and seal of the village, three fire wardens 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, or a majority, may remove all or any of the wardens or firemen, and appoint others in their stead, as often as they shall think proper.

Penalty.

General

powers.

Corporation created.

Stock.

Subscription.

$ 13. If any of the inhabitants of the said village, qualified as aforesaid, shall be chosen a trustee, and having notice of his election, shall refuse or neglect 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 twentyfive dollars, to be recovered as other fines and penalties are to be recovered by this act, and to the use of the said village.

$ 14. The said village corporation shall possess the ge$14. neral 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. 214.

AN ACT to incorporate the Canajoharie and Palatine manufacturing company, with authority to build a dam across the Mohawk river.

Passed April 24, 1833.

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

$ 1. John A. Ehle, George Spencer, George G. Johnson, Livingston Spraker, John Frey, David Eaker, Thomas B. Mitchell, and such other persons as may be associated with them, are hereby declared and constituted a body corporate in fact and in name, for the term of twenty-five years, by the name of "The Canajoharie and Palatine Manufac turing Company," for the purposes of manufacturing cotton and woollen goods, and machinery, of them,* in the towns of Canajoharie and Palatine, in the county of Montgomery.

S2. The capital stock of said corporation shall be one hundred thousand dollars, which shall be divided into equal shares of one hundred dollars each; and it shall be lawful for said company, when the whole capital is subscribed, and one-tenth of said capital shall have been paid in, to commence their business; and they may increase the amount of their capital from time to time, to the total amount herein before limited, and five per cent shall be paid in at the time of subscribing.

S3. Subscriptions to the capital stock of said company shall be opened under the direction of the directors hereinafter mentioned; and it shall be the duty of the direc

*So in the original.

tors for the time being, to call for, and demand of the
stockholders respectivly all sums of money by them sub-
scribed, at such times and in such proportions as they
shall see fit, under pain of forfeiting their shares and of
all previous payments made thereon, to said company, al-
ways giving sixty days notice in writing, by their clerk,
'to each stockholder, of such call or demand."

$ 4. The capital stock, property and concerns of said Diractors. corporation shall be managed by seven directors, and the first directors shall be John A. Ehle, George Spencer, George G. Johnson, Livingston Spraker, John Frey, David Eaker and Thomas B. Mitchell, who shall hold their offices for one year from the date of this act, and until a new election of directors; which election shall be made annually, on the first Monday of May, at such place as a majority of the directors shall direct, and of each election a previous notice shall be given at least three weeks, by inserting the same in the newspaper printed and published in the village of Canajoharie; and each election shall be holden under the inspection of the directors for the time being, and shall be by ballot, by plurality of votes of the stockholders present, allowing one vote for every share, and the stockholders not present may vote by proxy.

5. If it should at any time happen that an election of Election. directors should not be made on the day when it ought to have been made, the said corporation shall not for that cause be deemed dissolved, but it shall be lawful on any other day to make and hold an election of directors in such manner as shall have been regulated by the by-laws of said corporation.

S6. The stock of the said company shall be assignable Transfers and transferable, according to such rules as the directors for the time being, shall make and establish; and no stockholder indebted to said company, shall be permitted to make a transfer, or receive a dividend until such debt be paid to the satisfaction of the directors.

$7. The directors shall at all times keep or cause to Accounts. be kept proper books of account, in which shall be regularly entered all the transactions of the company; which books shall be subject to the inspection of the stockholders at all times.

$8. To aid said company in carrying its objects into Dam. effect, the said corporation are hereby authorised to erect and maintain a dam across the Mohawk river, not exceeding four feet high above low water level, between said towns of Canajoharie and Palatine, east of the Canajoharie and Palatine bridge, but not beyond the east bounds