1 rt stitute and publish such prudential by-laws, rules and A. D. 1811. À treasurer annually IV. And be it further enacted, That the freeholders and collecand inhabitants of said village, qualified to vote for the tor to be trustees as aforesaid, at their annual meeting, or at elected. any other meeting duly notified, shall and they are hereby authorised and empowered to choose one treasurer and one collector, being freeholders of said village, and the person having the greatest number of votes for each office respectively shall be deemed duly chosen; and in case a vacancy shall happen in either of the a- Vacancy of bove offices respectively, the trustees shall have the or collector power of supplying it until the next public meeting: Provided, That the vacancy shall be supplied within To be sup ten days from the time it shall happen, and that the plied withperson supplying it shall be liable to the same penaltics and restrictions as if duly elected at a public meeting. treasurer how filled. in 10 days. be taken by urer and V. And be it further enacted, That the trustees, An oath to treasurer and collector shall, before they proceed to the trus execute their respective offices, and within ten day's tees, treas after their election, respectively take and subscribe an collector. oath or affirmation, before any justice of the peace of the county of Herkimer, for the faithful execution of the office or trust to which they may be severally elected: Provided nevertheless, That the said treasurer and collector before they take the oath or affirmation afore- and colleesaid, shall respectively give security to the trustees of tor to give said village for the faithful discharge of their respective offices, in such sum as a majority of them shall deem sufficient. VI. And be it further enacted, That it shall be lawful for the trustees of said village, or a majority of them, to appoint not exceeding twenty-five firemen, out of Treasurer security. authorised to appoint firemen and estab for their regulation. A.D. 18. the inhabitants of said village, and the same or any one Trustees 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, to appoint their lish rules captain and other officers, and to make such by-laws, rules and regulations for such company, and inflict, ordain and establish such penalties for the breaking or disobeying such by-laws, rules and regulations, as they Fines and may deem expedient: Provided, That no fine or pento exceed salty shall be inflicted on any firemen exceeding two dollars. dollars for any one offence, and that the trustees shall have the power of remitting such fine or penalty whenever a majority of them deem it proper. penalty not Trustees to assess the aggremount of gate a taxes. VII. And be it further enacted, That it shall be the duty of the said trustees, or a majority of them, and of their successors, annually to assess on the several inhabitants and freeholders of the said village, the aggregate amount of the taxes which the freeholders and inhabitants of said village shall, at their annual meeting, determine to be raised, levied or collected from the inhabTo execute itants and freeholders of said village, in proportion to the office of the property or situation of the inhabitants so to be asdens. sessed, and they shall likewise execute the offices of firePersons ag- Wardens in said village in cases of fire: Provided, That grieved by if any person shall deem himself or herself aggrieved by may ap- any such assessment as aforesaid, it shall be lawful for fire war assessment peal. A president and appointed. any such person to appeal from the determination of the said trustees to any three justices of the peace in the county of Herkimer, 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. VIII. And be it further enacted, That the trustees clerk to be within twenty days after their election, or a major part of them, shall, and it is hereby made their duty, to assemble in some convenient place în said village, and there to choose and appoint some one suitable person of their body to be president of the said board Duty and of trustees, and some other suitable person to be clerk to said board of trustees, and it shall be the duty of the president when present to preside at the meeting of the trustees, to order extraordinary meetings of powers of the presi dent. In what to be elect the trustees whenever he may conceive it for the in- A.D. 1811. terest of the village, to hear and receive complaints of the breach of any of the laws of said village, to see that all the by-laws, rules and regulations of said village are enforced and faithfully executed, to prosecute in the name of the trustees all offenders against, or violators of the by-laws ordained and published as aforesaid, to keep the seal of the said village, and to affix it, together with his signature, to all such rules and regulations as a majority of the trustees shall cases a new deem proper; and in case of the death or absence or president inability of the president to discharge the duties of the ed. office, it shall be the duty of the secretary 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 prop- ties of the erty belonging to the said village as a corporation, to preside over all public meetings of the villagers for the above purposes, and to do all such other acts and things as may be proper for the president of the trustees to do; and it shall be the duty of the clerk to Clerk's dukeep the minutes of all such votes, orders, rules and regulations, as are made by the freeholders and inhabitants of said village at their public meetings, and also to attend the meetings of the trustees and record all the by-laws, rules and regulations passed by them; May be r and the trustees may have the power of removing he trus 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; and the clerk shall pensation. receive such compensation for his services as a majority of the trustees shall deem sufficient, to be paid out of the funds of the said village. IX. And be it further enacted, That the collector shall within such time as shall be hereafter provided -for by the by-laws of the said corporation, next after the receipt of his warrant for collecting any tax that Other du president. ty. moved by tecs. His com duty. Trustees monies out A. D. 1811. may have been ordered to be raised, collect and pay the same to the treasurer; and that all monies which nay draw may at any time be in the hands of the treasurer, shall be liable to be drawn out by the trustees, or a majoritreasury. 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. of the To be allowed their X. And be it further enacted, That the said trustees expenses. shall keep an account of their necessary expenses and disbursements, and on exhibiting the same to the treasurer shall be entitled to receive the amount thereof out of any monies in the treasury; and that the tion to the treasurer and collector shall be paid for their several and collec- services such suitable compensation as the legal voters of said corporation, or a majority of them, at their annual meetings, shall deem reasonable and proper. Compensa treasurer tor. Penalty on XI. And be it further enacted, That if any one of persons re- the inhabitants of said village, qualified as aforesaid, accept of shall hereafter be elected or chosen a trustee, shall refice of tras- fuse or neglect to serve as such, it shall and may be fusing to tec. eeed ten dollars. lawful for the trustees, duly qualified, or the major part of them, to impose and inflict upon such person so neglecting or refusing, such reasonable fine or fines as they may think proper: Provided, That such fine Not to ex- shall for no one offence exceed the sum of ten dollars, to be recovered in the same manner that other fines or penalties are recoverable by this act; and that in all cases where the trustees of the village of Little Falls what to de- shall sue or prosecute by virtue of this act, it shall be sufficient for the said trustees to declare generally, that the defendant is indebted to them by virtue of this act to the amount of twenty-five dollars or under, and give any special matter in evidence under such declaration. Trustees clare in case of suits. Other du president. XII. And be it further enacted, That it shall be the ties of the 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 thereto, 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 inhab itants of said village whenever they think it neces- A. D. 1811. sary. to receive XIII. And be it further enacted, That all fines, pen- Treasurer alties or forfeitures, and all monies obtained in any monies. manner whatever, by virtue of this act, shall be paid into the hands of the treasurer for the public use of said village; and the treasurer shall, and he is hereby authorised, in case any person having so received any money by virtue of this act, to and for the proper use To proseand benefit of said village, and shall refuse or neglect quents. to pay the same to him, to prosecute every such offender in the name of said village for monies had and received to and for the use of said village, and give any special matter in evidence under such prosecution. I. 1. B CHAP. LXXXVIII. oute delin Term of sup. court altered An ACT altering the November and February terms of the supreme court, and for other purposes. Passed March 30, 1811. E it enacted by the people of the state of NewYork,represented in Senate and Assembly, That hereafter the November term of the supreme court of judicature of this state shall begin and be held on the when to be third Monday in October in every year, and that the February term of the said court shall begin and be held on the first Monday in January in every year; and that the term commencing on the third Monday in October shall be called October term, and shall be held in the city of New-York, and the term commencing on the first Monday in January shall be called January term, and shall be held in the city of Albany, which said October and January terms shall and may be held for the same length of time and in the same manner as the terms of November and February might have been held if this act had not been passed. may ad II. And be it further enacted, That in case any cas- In what ualty shall hereafter prevent the attendance of all the case clerk judges of the said court at any term thereof, on the first journ the day of such term, it shall be lawful for the clerk of the court. said court at any time after five of the clock in the af ternoon of such day, to open the said court by procla mation and immediately to adjourn the same to the next |