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CHAP. 288.

AN ACT to incorporate the village of Penn-Yan, in the county of Yates.

Passed April 29, 1833.

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

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Boundaries. S 1. All that district of country hereinafter described, shall be known and distinguished by the name of the Village of Penn-Yan," that is to say: all that part of the town of Milo and all that part of the town of Benton in the county of Yates, bounded as follows, to wit: beginning at the northeast corner of lot number number thirtyseven, township number seven, first range, thence south twenty-one and a half degrees east, sixty chains and fifty links, to the northwest side of the highway, leading by Samuel Jillet and Robert Shearman's to the Crooked lake; thence along the northwest side of said highway south sixteen and a half degrees west, fifteen chains; thence thirty-eight degrees west, two chains, to the north side of Jillett-street; thence on the north side of the highway south fifty-nine degrees west, twenty-seven chains and forty-two links; north twenty-one and a half degrees west, twenty-six chains to the south line of lot number thirty-seven; thence along said line north eighty-eight degrees west, thirty-seven chains and sixty-two links, to the southwest corner of said lot; thence along the west line of said lot north three degrees and twenty-seven minutes east, sixty-four chains to the town line between Benton and Milo aforesaid; thence along said town line south eighty-seven degrees east, one chain and twentyfive links to the southwest corner of lot number sixtyfour, in township number eight, first range; thence along the west line of said lot north three degrees east, twentyfour chains and twenty-five links; thence south eightyseven degrees east, forty-nine chains; and thence south three degrees west, twenty-four chains and fifty links, to the place of beginning.

Name.

Meeting of
Inhabitants.

S2. The inhabitants of said village shall be a corporation, by the name of "Trustees of the village of PennYan.

$3. The first annual meeting of the said inhabitants shall be held on the first Monday in June next, at two o'clock in the afternoon, at the court-house in said village. Every annual meeting thereafter shall be held at such time as shall have been designated therefor at the next

preceding annual meeting at the court-house aforesaid. The trustees may call special meetings.

$ 4. Eight days' previous notice of the time and place Notice. of holding any meeting of the inhabitants of said village, or of any district thereof, as is herein mentioned, shall be given, by putting up written or printed notices thereof at four or more public places in said village.

given.

S 5. Such notice of the first meeting of the inhabitants By whom of said village shall be given by a justice of the peace residing therein. Notice of every other meeting of the said inhabitants, or of the inhabitants of any such district, shall be given by the trustees of said village.

$6. If for any cause whatever the first meeting of the Ib. inhabitants of said village shall not be held on the day specified in the foregoing third section, any five freeholders of said village may give notice of the time and place of holding such first meeting, which shall be on some day previous to the fourth day of July next.

officer.

$7. At the said first meeting, such person shall pre- Presiding side as the inhabitants then present shall choose for that purpose. At every other meeting of the inhabitants of said village, or of any district thereof, the president of said village shall preside: but in case of his absence, the trustees of said village, or some one of them, shall preside. S8. The person or persons presiding at any meeting of His powers such inhabitants, shall have the like authority to preserve order, to enforce obedience, to commit for disorderly conduct, to judge of the qualifications of any person offering to vote for any officers to be elected, or upon any resolution to be offered, and to canvass the votes given, and to declare the result thereof, as is given to persons presiding at town-meetings.

and dutios.

9. At each annual meeting of the inhabitants of said Officers. village, the inhabitants entitled to vote for officers shall appoint the time for holding their next annual meeting, and elect, by ballot, five trustees, one clerk, one treasurer, three assessors, one collector, one police constable, and five fire wardens, of said village, who shall respectively hold their offices until the next annual meeting, and until others shall be chosen in their places, and shall have given notice of their acceptance.

S 10. The officers chosen at the first annual meeting, Notice of aeshall, within ten days after their election, deliver to the eptance. person who shall have presided thereat written notices of their acceptance of the office to which they shall have been respectively chosen, to be by such person filed with the clerk of said village. All officers who shall thereafter be

Residents

Voters.

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President.

Meetings of

trustees.

Police regu lations.

chosen or appointed for said village, shall, within ten days after their election or appointment, deliver a like notice to the clerk of said village, who shall file the same.

S 11. All officers shall be residents, and the assessors and trustees shall be freeholders in said village.

$ 12. No person shall be entitled to vote for the election of any officer of said village, unless he reside therein and possess the qualifications requisite to entitle him to vote at town meetings. No person shall be entitled to vote on any question relating to the raising or appropriating of moneys or other expenses in said village, or in any district thereof, unless he be a freeholder and inhabitant thereof, and shall have resided in said village for the last six months previous to offering such vote.

S 13. The freeholders of said village qualified to vote for the raising of moneys, shall have power at any annual or special meeting, to direct the raising by tax of such sums, not exceeding five hundred dollars in any one year, as they may deem necessary to carry into effect the intent and provisions of this act, except such provisions as relate to the digging of wells, the construction of cisterns, aqueducts, public sewers, and reservoirs of water.

S 14. It shall be the duty of the trustees of said village, within ten days after each annual meeting, to choose one of their number to be the president of the said corporation; such president shall preside at all meetings of the trustees to be held during the term of his appointment. In case of his absence from any such meeting, the trustees attending shall choose one of their own number to preside and perform the duties of the president in his absence.

$15. It shall be the duty of the said trustees to hold stated meetings at the times prescribed in their by-laws; and to hold special meetings when called in the manner provided by said by-laws; and to publish the by-laws, rules, regulations and ordinances which they shall make and ordain, for two weeks in all the newspapers printed in said village.

S 16. The said trustees shall have power,

1. To purchase fire engines and other usual and necessary apparatus and implements for extinguishing fires, and to erect houses for the safe keeping thereof:

2. To inspect, and cause to be inspected, fire-places, chimneys, stoves and stove-pipes, and to cause the same to be put and kept in safe condition, and to enter, and to cause others to enter, houses and other buildings for such purposes, at all proper times:

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3. To compel the inhabitants of said village to provide and keep fire-buckets:

4. To compel the said inhabitants to make scuttles in the roofs of their buildings:

5. To prescribe the powers and duties of the fire wardens:

6. To organize and provide for the government and exercise of fire companies and hook and ladder companies: 7. To compel the inhabitants of said village to deposit their ashes in safe places:

s. To provide for the digging of wells and public sewers, and the making of aqueducts, cisterns and reservoirs of water, in the manner hereinafter mentioned:

9. To purchase hay-scales, and regulate the manner and prices of weighing hay and other commodities, and to appoint a weigh-master, who shall hold his office during the pleasure of the said trustees:

10. To prevent and remove obstructions in the streets and sidewalks, and to prevent injuries thereto; and also to prevent improper and immoderate riding and driving:

11. To restrain the running at large in said village of cattle, horses, sheep, swine and geese, and to erect a pound within said village, appoint a pound-master, and prescribe his fees and duties; which pound-master shall hold his office during the pleasure of said trustees:

12. To provide for the safe-keeping and repairing of the property of the said corporation:

13. To appoint the times and places of holding their special and stated meetings, and to prescribe the manner of calling special meetings:

14. To fill vacancies that shall happen in any office from any cause whatever, by appointments under the hands of the president and clerk and the seal of the corporation:

15. To direct the times within which the assessors of said village shall complete their assessments, and to correct such assessments on appeal:

16. To require of the treasurer and collector and police constable of said village, such security for the faithful performance of the duties of their respective offices, as they may deem proper:

17. To issue warrants under their hands for the collection of taxes, to renew the same on any tax not having been collected, and to direct the time within which the collector shall collect and pay over the same:

18. To prescribe the manner in which moneys shall be drawn from the hands of the treasurer:

19. To make and ordain, and alter, amend and repeal all such by-laws, rules, regulations and ordinances which

Three districts.

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ny.

Clerk.

may be necessary to carry into effect the intent and provisions of this act, which shall take effect on the expiration of eight days after their first publication:

20. To prescribe and ordain suitable fines, penalties and forfeitures for offences against such by-laws, rules, regulations and ordinances, and the provisions of this act, not exceeding ten dollars for any one offence, and to remit such fines, penalties and forfeitures wholly or in part.

S17. The said village is hereby divided into three districts, numbered one, two and three: district number one shall include all that part of said village lying north of the middle of the street running east and west by the clerk's office and academy, called "Court-street," and a line following the same course to the east and west lines of said village: district number two shall include all that part of said village lying south of the last above mentioned line, and north of the south margin of the stream or river called the outlet of Crooked lake: district number three shall include all that part of said village lying south of the south margin of the outlet of Crooked lake aforesaid. It shall be the duty of the trustees of said village, whenever they shall deem any well, aqueduct, cistern or reservoir of water, necessary in any such district for the extinguishment of fires therein, or any public sewer for the draining of any street in any such district, to call a meeting of the freeholders of such district, specifying in the notice of such meeting the object thereof. A majority of the freeholders of such district shall have power at such meeting, to direct the raising by tax upon the taxable property within such district, such sums as they may deem necessary to carry into effect the objects specified in such notice; but no moneys raised or collected in either of the said districts, for any purpose contemplated by this section, shall be laid out or applied for any purpose whatever in any other district except in the district in which the same shall be collected.

S 18. The said trustees shall have power to organize a fire company to every fire engine possessed and kept in repair by said village, and so many hook and ladder companies as they may deem necesary. Such companies shall be composed of persons who shall be appointed under the hands of the president and clerk and the seal of the corporation; but no fire company shall contain more than twenty-five persons, and no hook and ladder company shall contain more than ten persons.

$ 19. The clerk of said village shall have the custody of the records, books and papers of the said corporation, and shall file and preserve all papers delivered to him for

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