Firemen

pointed.

after their election respectively, take and subscribe an oath or affirmation before any justice of the peace of the county of Otsego, for the faithful execution of the office or trust in which they may be severally elected: Provided nevertheless, That the said treasurer and collector, before they shall take such oath or affirmation, respectively give security to the trustees of said village for the faithful discharge of their respective offices, in such sums as a majority of the said trustees shall deem sufficient.

VI. And be it further enacted, That it shall be lawmay be ap ful for the trustees of said village, or a majority of them, to appoint not exceeding twenty firemen out of the inhabitants of said village, and the same, or any of them, to remove at their pleasure, and to appoint others in their stead; to regulate the times of meeting and exercises of said company of firemen, and to appoint their captain and other officers, and to make such bye. laws, rules and regulations, for such company, and in.. flict, ordain and establish, such penalties for the breaking or disobeying such bye-laws, rules and regulations, as they may deem expedient: Provided, That no fine or penalty shall be inflicted on any fireman exceeding two dollars for any once offence, and that the trustees shall have the power of remitting such fine or penalty whenever a majority of them deem it proper.

be raised

expenses.

VII. And be it further enacted, That it shall and Monies may may be lawful for the said freeholders and inhabitants, contingent at their annual meetings for electing trustees, to raise a sum, not exceeding two hundred and fifty dollars in any one year, to discharge and pay the expenses for. digging and making reservoirs for water; for repairing and keeping in repair the streets in said village; for purchasing and keeping in repair fire-engines, buckets, and other instruments and utensils convenient and necessary for extinguishing fires, and for making any other improvements in said village which a majority of the said freeholders and inhabitants shall deem proper and necessary; and that the said trustees shall apportion the sum so to be raised amongst the said freeholders and inhabitants, in proportion to the advantages which the said trustees, or a majority of them,

shall deem to result to each from any such repairs, improvements, instruments or engines: Provided, That if any person shall deem himself or herself aggrieved by any such assessment, it shall be lawful for any such person to appeal from the determination of the said trustees to any three justices of the peace in the county of Otsego, giving notice to the said trustees of such appeal, and of the time and place for determining therein by such justices, who shall hear the same, and do therein what to justice shall appertain.

shall choose

VIII. And be it further enacted, That the trustees, The trustees within ten days after their election, or a major part of a president. them, shall, and it is hereby made their duty to assemble in some convenient place in said village, and there to choose and appoint some one suitable person of their body to be president of the said board of trustees, and some other suitable person to be a clerk to the said board of trustees; and it shall be the duty of the president, when present, to preside at the meeting of His duty. the trustees; to order extraordinary meetings of the trustees whenever he may conceive it for the interest of the village; to hear and receive complaints of the breach of any of the laws of said village; to see that the bye-laws, rules and regulations, of said village are enforced and faithfully executed; to prosecute, in the name of the trustees, all offenders against, or violations of the bye-laws ordained and published as aforesaid; to keep the seal of the said corporation, and to affix it, together with his signature, to all such rules and regulations as a majority of the trustees shall deem proper; and in case of the death, absence or inability of the president to discharge the duties of the office, it shall be the duty of the clerk to notify the other trustees of such death, absence or inability, who shall, within ten days thereafter, meet and elect another president out of their body, with the like rights, privileges and duties, as his predecessor, to hold the office until the next annual meeting; and it shall further be the duty of the president to take care of, protect and provide for the preservation of all property belonging to the said village as a corporation; to preside over all public meetings of the villagers, and to do all such other acts and

clerk.

things as may be proper for the president of the trus Duty of the tees to do: and it shall be the duty of the clerk to keep the minutes of all such votes, orders, rules and regula tions, as may be made by the freeholders and inhabit. ants of said village at their public meetings, and also to attend the meetings of the trustees, and record all the bye-laws, rules and regulations, passed by them; and the trustees may have the power of removing such clerk, and appointing another, or appointing any one pro tempore, in case of the absence of the clerk, as a majority of them shall agree.

Collectors

duty.

IX. And be it further enacted, That the collector shall, within such time as shall be hereafter provided for by the bye-laws of the said corporation, next after the receipt of his warrant for collecting any tax that may have been ordered to be raised, collect and pay the same to the treasurer; and that all monies which may at any time be in the hands of the treasurer shall be liable to be drawn out by the trustees, or a majori ty of them, and applied and disposed of as shall have been directed by the freeholders and inhabitants of said village, or agreeably to the provisions of this act. given of pub- X. And be it further enacted, That it shall be the he meetings. duty of the president of the board of trustees to give notice to the inhabitants of said village of all public meetings, at least one week previous to such meetings, in such manner as a majority of the trustees may deem proper; and that it shall be lawful for the trustees, or a majority of them, to call a public meeting of the inhabitants of said village whenever they shall think it

Notice to be

Trustees shall conti

nue in office until others

necessary.

XI. And be it further enacted, That the trustees to be elected by virtue of this act shall continue in of are chosen fice, and be authorised and empowered to execute and perform all and singular the powers and duties in the said act contained, belonging to their office of trustees as aforesaid, until the second Tuesday of May next following after their election of trustees as aforesaid, and until a new election for trustees of said village shall be made pursuant to this act, and until the trus tees so last chosen shall take and subscribe the oath or affirmation of the office of trustee.

be imposed.

XII. And be it further enacted, That the said trus- Fines may tees, or a majority of them, may make, ordain and provide, such reasonable fines against the offender or offenders, for any breach or breaches of the bye-laws which they shall from time to time make, ordain and publish, as they may think proper, not exceeding twenty-five dollars for any one offence, to be prosecuted and recovered before any justice of the peace in the said county of Otsego, or court having cognizance of the same, with costs of suit, by the said trustees, to and for the use of said corporation.

be a public

XIII. And be it further enacted, That this act is This act to hereby declared to be a public act, and that the same act. shall be construed in all courts benignly and favorably for every beneficial purpose therein intended.

CHAP. CXIV.

An ACT to divide the county of Tioga into Jury Districts, and for other purposes, therein mentioned. Passed June 8, 1812.

I.

B

shall be di

two districts

E it enacted by the people of the state of NewYork, represented in Senate and Assembly, That The county the judges and assistant justices in the county of Tio- vided into ga, shall at their next term of the court of common pleas to be holden in and for the said county, on the first Tuesday of September next, divide the said county into two districts as nearly equal as may be convenient, and shall cause the said division to be entered on the minutes of said court, which entry shall designate each of said districts.

clerk shall

II. And be it further enacted, That the clerk of the said county shall, immediately after the division of The county the said county, in manner aforesaid, provide four jury provide four boxes for said county, and shall mark on two of said jury boxes. boxes the name of one of the said districts, and on the remaining boxes the name of the other of said districts, and it shall be the duty of the said clerk to put the slips of paper containing the names of persons residing in each of the said districts, who are or shall be returned to him in pursuance of the act, entitled "an act for regulating trials of issues and for returning

Jurors shall

be taken

trict where

the court

shall be held.

able and sufficient jurors," into one of the boxes be longing to the district in which such persons shall se verally reside.

III. And be it further enacted, That jurors for the from the dis- trial of issues in the circuit court, court of oyer and terminer and gaol delivery, and court of common pleas and general sessions of the peace, to be held in and for said county of Tioga, at any time after the first Tuesday of September next, shall be taken from one of the jury boxes belonging to the district in which either of the said courts is then next to be held, in the manner directed in and by the act herein recited, and as if each of the said districts were separate and distinct counties, any thing in the said act to the contrary notwithstanding.

Courts to be held alter

mira and

Spencer.

IV. And be it further enacted, That it shall and may mately at El be lawful for the judges and assistant justices of the county of Tioga, to hold the said courts at the courthouse in the town of Elmira, and at the court-house in the town of Spencer, alternately; and that the next September term of the said courts shall be held at the court-house in the town of Spencer, in said county..

Sheriff's mileage how

lated,

V. And be it further enacted, That it shall and may to be calcu- be lawful for the sheriff of the county of Tioga, to cal culate his mileage from the house of Thomas Baker, in the town of Chemung, in said county.

Prisoners

how to be confined.

Proviso.

This act shall be in

VI. And be it further enacted, That it ahall and may be lawful for the sheriff of the county of Tioga to confine his prisoners in either of the said gaols of the said county: Provided, That the said gaols are, in the opinion of the said sheriff, sufficient for that pur pose: Provided nevertheless, That if both the said gaols shall be sufficient for the safe keeping of his said prisoners, it shall then be the duty of said sheriff to confine his said prisoner or prisoners in the gaol situated within the jury district whereof the said pri soner or prisoners may have been residents at the time that judgment was entered against him or them.

VII. And be it further enacted, That this act shall force for five be in force for the term of five years from and after the passing thereof, and no longer.

years.