real estate shall be made unless authorized by a vote of such taxable inhabitants as shall be present on an annual or special meeting duly called.

water

§ 26. The board of trustees shall have power to determine, upon Nuisanview, or the examination of witnesses or otherwise, as they shall decide ces. proper, what shall be deemed a nuisance within said village, and to abate the same by enforcing the penalty or otherwise. And if pools Removal of water standing upon lots or grounds in said village shall be deemed of pools of and declared nuisances as aforesaid, by the said trustees, it shall be standing the duty of said board of trustees to cause a notice in writing to be upon lots. served on the owner or agent, if known and residing within said village, of lots or grounds on which such nuisance exists, commanding him within ten days from the service of such notice, to abate or remove such nuisance by filling up said lot or ground or otherwise, as the case may be; and in case of his neglect or refusal to comply with such re- Trustees quests, or the owner or agent of said lot or grounds on which such may re nuisance exists shall be unknown or shall reside without said village, owners the trustees may cause such nuisance to be abated or removed by filling up or draining the lots or grounds on which it exists or otherwise abate the same, and may assess the expense thereof on the lots or Expense grounds where it exists, and such assessment shall be and remain a lien thereon, and said trustees may sell said lots or grounds on which such assessments are made for payment of the same in the manner as provided by section fifty-two of this act.

§ 26. The twenty-seventh section of said last-mentioned act, as amended by section three of chapter one hundred and thirty-three of the laws of eighteen hundred and fifty-eight, is hereby further amended so as to read as follows:

move, if

neglect.

thereof.

§ 27. On the second Tuesday of April in each year, and at such other Annual times as the board of trustees shall deem proper, at some suitable place meeting. village tax within said village, pursuant to public notice, such as is prescribed by this act, of at least six days, to be put in at least one public place in each ward, the taxable inhabitants of said village, owning at least fifty dollars of property liable to taxation therein, upon twenty-five dollars at least of which they have paid taxes the preceding year, and qualified to vote at town meetings in the town of Watervliet, may, by resolu- Maydition, direct the board of trustees to be caused to be raised by a general tees to tax upon the taxable property liable to be assessed for taxes in said raise taxvillage, taxes for the following purposes, and no other:

rect trus

es.

engines,

1. For procuring and keeping in repair fire engines and the neces- For fire sary apparatus therefor, and improvements for hook and ladder com- etc. panies.

2. For the purchase of real or personal property, and for the erection Purchase of buildings for the use of said village.

of property.

houses.

3. For procuring the necessary ground and erecting a suitable engine Engine house for each fire engine and its apparatus, or for hiring suitable places for keeping them.

4. For procuring the necessary ground and erecting a pound for Pound. the use of said village, and for keeping the same in repair. 5. For insuring the public property of said village.

Insurance

6. For prosecuting and defending suits in which said village shall Legal be a party.

charges.

ery.

7. For procuring the necessary blank-books for records and accounts Stationof such village, and for procuring such blanks as may be wanted for village purposes.

Advances

improve

ments, etc.

8. For the necessary advances in making and repairing sidewalks for street and gutters, leveling, pitching, grading or paving any street or public highways, in filling up lots, abating nuisances, and in performing any other works, and procuring the materials and making every improvement contemplated or authorized by this act, or the act hereby amended; in cases where those required to do the same shall neglect or refuse so to do, or the expenses thereof is made chargeable upon a particular person or persons, corporation or associations, or a certain lot or lots, or parts of a lot or land, or limited in their collection to a single ward in said village.

and alter

etc.

Opening 9. For laying out, opening and making any public highway or ing str'ts, street, or widening or altering the course of any highway or street, or for any other public improvement within said village, in cases where the board of trustees shall determine that the expense thereof, justly and equitably, in whole or in part, shall be paid by a public tax rather Ordinary than a local assessment, and to defray the ordinary expenses of makof repair ing, repairing and laying out roads, alleys, highways, sewers and ing roads, bridges in said village, in all cases when not chargeable by assessment upon any adjoining lots or grounds or individuals especially benefited, or upon particular wards, according to the provisions of the aforesaid act as amended.

expenses

etc.

Publication of by.

10. For publishing the by-laws of said village, notice of meeting of laws, no electors, and other notices, documents and statements, and furnishing tices, etc. and procuring such maps, directories and other matter as shall be necessary and proper for the said village or its officers in the discharge of their public duties.

Village

When subse

quent tax

not to be

called.

11. For the necessary expenses of doing a specific act for such vilexpenses. lage, which it, or any of its officers, shall be by law expressly required or authorized to do; also for the purpose of defraying the ordinary expenses of said corporation. Whenever any item for any object mentioned in said section twenty-seven, or in any subdivision of said secmeetings tion, shall have once been voted upon by the taxable inhabitants, under said section as hereby amended, no subsequent meeting of such taxable inhabitants shall be called during the same year, by the board of trustees to vote upon the same item or items, or the subject-matter Penalty thereof. Any person who shall knowingly vote or offer to vote at any for inegal annual, specical or ward tax meeting provided for by this act, who does tax meet- not possess all the qualifications to entitle him so to vote as specified in ings. this section, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of fifty dollars, or by imprisonment in the Albany county jail for six months.

voting at

tax meetings.

§ 27. The twenty-eighth, twenty-ninth, thirtieth and thirty-first sections of said chapter two hundred and thirty of the laws of eighteen hundred and fifty, are hereby made portions of this act, and read as follows:

Notice of § 28. No tax shall be voted to be raised at a meeting of the taxable inhabitants of said village, as provided in section twenty-seven of this act, unless the notice of holding such meetings required to be given, shall specify the amount and objects of such tax, and the specific sum required or proposed to be raised for each object, and shall state that such meetings will be called upon to vote in respect to the sum or sums so specified.

Resolutions.

§ 29. Every resolution adopted at any such meeting, directing any tax to be raised, shall distinctly specify the object for which such tax shall be directed to be raised, and the sum to be applied to each of such objects, otherwise such resolution shall be absolutely void.

and prop

§ 30. Any sum specified in any such notice, and proposed to be Reduction raised by tax for any specific object, may be reduced, but shall not be of sums. increased by any vote at such meeting. In respect to directing the same to be raised, the final vote in respect to raising every such specific Final vote sum shall be taken separately; every proposition to raise any such ositions specific sum shall be deemed a separate and distinct resolution in the to raise proceedings thereon of such meeting, and it shall be in form a distinct and separate resolution, and so entered in the record of the proceedings of such meeting, if any person entitled to vote thereon shall require such entry.

sums.

moneys

§ 31. Whenever money shall be raised by tax in such village, for Applicaany specific purpose, it shall not be applied to any other purpose with- tion of out such vote directing such application as was required to authorize raised for the raising thereof.

§ 28. The thirty-second section of said last-mentioned act is hereby amended so as to read as follows:

specific purposes.

payment

taken.

§ 32. No account or claim against said village shall be paid until it Audit and shall have been presented to the board of trustees thereof, and audited of acc'ts. and allowed by them; and when such account or claim shall be so audited, the board of trustees auditing the same shall cause a warrant for the amount of the bill so audited to be drawn upon the chamberlain, signed by the president and countersigned by the clerk, and in which said warrants the particular fund out of which the same is to be paid shall be specified, and no account or claim against said village shall be paid except by the chamberlain upon warrant drawn as aforesaid, and the warrants must be paid out of the particular fund upon which it is drawn and no other. The vote upon the audit of each and Vote upon audit, how every account or claim against the village which shall come before said board of trustees, shall be taken by calling the ayes and noes, and the clerk shall, in every instance, record such vote, and the names of the members of the board of trustees so voting, and the way in which they vote, and such record shall be a part of and appear in the regular minutes of the proceedings of said board of trustees. In case the board Claims, of trustees shall disallow any claim, or allow but a part thereof, its decision shall be a bar to the claim disallowed, or the part not allowed, unless an action shall be commenced against the village thereon within six months from the time of such action on the part of the board of trustees. And no action against the village, either upon a contract, or Actions upon any obligation or liability, whether the same shall have arisen village. upon the performance of work, labor and services, the furnishing of materials, or upon injury to person or property within the bounds of said village, for which said village may be responsible, shall be brought or maintained until after a claim for the same shall have been formally presented to the board of trustees.

§ 29. The thirty-third section of said last-mentioned act is hereby amended so as to read as follows:

how bar

red.

against

Claims to

be in items and veri

§ 33. No such claim shall be audited or allowed by the board of trustees, unless it shall be made out in items, and shall be accompanied by an affidavit of the person claiming to have done the services or made fied. the disbursements therein charged; that the several items of such account or claim are correct; that the services therein charged have been rendered; that the disbursements therein charged have been made, and that no parts thereof have been paid; such affidavit shall be indorsed on or annexed to such account or claim, and presented therewith. The president or either trustee of said village may administer the oath required by this section, and at the time such account or claim

claimants.

Examina- shall be presented to said board of trustees, any one or more of the tion of board examine the claimant on oath in relation to said account or may Presenta claim, and any item embraced therein. No such account or claim against said village shall be presented to the board of trustees except at a regular or stated meeting thereof; nor shall any vote be taken upon the audit or the disallowance, or partial allowance of any such account or claim, except at a regular or stated meeting of said board of trustees, held subsequent to the meeting at which such account or claim was presented.

tion of claims

and vote

thereon.

tion of

§ 30. The thirty-fourth section of said last-mentioned act is hereby amended so as to read as follows:

Construc- § 34. Nothing in the last preceding section shall be construed to preceding prevent the board of trustees from disallowing any account or claim, section. in whole or part, when so made out and verified, nor from requiring

other or further evidence of the correctness and reasonableness thereof. Repeal. § 31. The thirty-fifth section of said last-mentioned act is hereby repealed, and the thirty-sixth section of said act is amended so as to read as follows:

Filing and indorsement of claims.

Withdrawal

from files.

Incurring

liabilities.

§ 36. Whenever any such account or claim shall be audited, it shall, together with the affidavits presented therewith to the board of trustees, and the record of the vote upon the audit thereof to be indorsed upon the same, be filed and preserved in the clerk's office. And all bills presented to the board, even though wholly or partially disallowed, shall, by the clerk, be indorsed with a brief record of the action taken thereon by the board, and be filed and preserved in his office. No claim against the village, which has been presented to the board of trustees for audit, shall be withdrawn from the file, whether the same shall have been audited or wholly or partly disallowed; and, if the clerk knowingly suffers the same to be done, the board of trustees shall impose upon him a fine not to exceed twenty-five dollars.

§ 32. The thirty-seventh section of said last-mentioned act, as amended by section four of chapter one hundred and thirty-three of the laws of eighteen hundred and fifty-eight, is hereby further amended so as to read as follows:

§ 37. No officer or officers of said village shall have the power to of debts or incur any debt or liability on the part or behalf of said village, or to assent to the incurring of any debt or liability contrary to the provisions of the act incorporating said village, and the aforesaid act amendatory thereof as hereby amended; but all such officers assuming to incur, or assenting to any such debt or liability, shall be jointly and severally liable, in their individual capacity, to pay the same. Nor shall any of the money or property of said village be applied to the payment of any such debt or liability, or be liable in any manner to be taken therefor; nor shall said village incur any debt or liability beyond the amount of taxes applicable to the payment of such debts or liabilities which shall have been voted to be raised at the annual meeting, or at a special meeting duly called for that purpose, as provided in section twentyseven of said act, as herein before amended, or as shall have been otherwise directed to be raised in pursuance of law. No officer of the village, or any other person, shall have power, and each and every officer or person is prohibited from making any purchase, or contracting any debt on the part of the village, unless specially authorized by the board of trustees so to do; and no account, claim or demand shall be audited or allowed by the said board of trustees, unless the same was duly

forwillful

authorized by vote. In case any member of the board of trustees shall Penalty willfully vote for any appropriation, or for the payment or expenditure ly voting of any moneys, or for the making of any contract not authorized by appropri law, every such member of the board of trustees shall be deemed guilty etc. of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding two hundred and fifty dollars and imprisonment in the jail of the county of Albany not exceeding six months.

ations,

§ 33. The thirty-eighth section of said chapter two hundred and Repeal. thirty of the laws of eighteen hundred and fifty is hereby repealed, and the following substituted therefor:

lain, his

duties.

§ 38. It shall be the duty of the chamberlain to receive and collect Chamberall village, ward or special taxes or assessments that may be levied and assessed in said village; to keep safely all assessment-rolls and tax lists that may be delivered to him; to enter daily in suitable books the sums of money received by him, who received from and for what tax or assessment received, which said assessment-rolls, tax lists, and books shall be open at all times during business hours to the inspection and examination of the public. And it shall be the duty of the said chamberlain to apportion the taxes received by him among the several funds in the proportion that the said funds as fixed by the proper authority bear to the whole amount of taxes levied and assessed. He shall also safely keep and he shall pay out, when lawfully required so to do, all moneys belonging to said village; keeping accurate accounts of all moneys so paid out by him, and preserve all vouchers or warrants filed in his office. He shall also attend to the sale of real estate for non-payment of taxes as hereinafter provided for. The said office and chamberlain shall provide, at his own expense, an office in the village hours. of West Troy, at some central place therein, for the receipt of taxes and assessments, and the discharge of the duties generally pertaining to said office, which said office shall be kept open on every day, Sundays and holidays excepted, from nine o'clock in the morning until one o'clock in the afternoon. The said chamberlain shall receive in Salary. compensation for his services an annual salary of one thousand dollars, payable in quarterly installments.

§ 34. The thirty-ninth section of said last-mentioned act is hereby amended so as to read as follows:

office

account of

§ 39. When any money shall be raised by tax or otherwise in said Separate village for any specific purpose, or by a vote or resolution of the elect- moneys ors thereof, or in any other manner, shall be directed to be applied to raised. any specific purpose, the chamberlain shall keep a separate account in respect to such money, which shall have the amount and purpose for which it had been raised, and if paid out in part or in whole, to whom and for what purpose paid out.

§ 35. The fortieth section of said last-mentioned act is hereby amended so as to read as follows:

clerk to

tax reso

§ 40. Within three days after any meeting of the electors of said Village village, at which any tax shall have been voted to be raised, the clerk furnish of said village shall furnish to the assessors a certified copy of the copies of resolution or vote for raising such tax, and shall also furnish a like lutions. copy to the chamberlain, with like copy of any vote or resolution adopted at such meeting, directing the specific application of any of the funds of said village. It shall also be the duty of the clerk to His take charge of the corporate seal, and all books and papers belonging to the village, except as otherwise provided; to attend the meetings of the board of trustees, and keep a full record of all their proceedings and of all matters relating to the election and appointment of village

duties.