may think proper, the same not exceeding fifteen dollars for any one offence, to be prosecuted and recovered before any justices of the peace or court having cognizance thereof, with costs of suit, by the trustees, to and for the use of the said corporation.

Bread how

V. And be it further enacted, That it shall and may be lawful for the trustees of the said village of Sing Sing, or the major part regulated." of them, and their successors, at any time after the first Tuesday of May next, to make, ordain, constitute and publish a by-law prohibiting any baker or other person within the aforesaid limits, from selling any bread at any higher price or rate than bread of the like quality at the time of such, sale shall be assessed in and for the city of New-York by the corporation of the said city, under the penalty of one dollar for every offence, to be recovered by the said trustees before any justice of the peace residing in the said village or the county of Westchester, in an action of debt, with costs of suit, for the use of the said corporation.

fire-wardens

VI. And be it further enacted, That the freeholders and in- Affeffors, habitants of the said village of Sing Sing, qualified to vote at treasurer and town meetings, at their annual town meetings on the first Tues- how chofen. day of May in every year hereafter to be held for choosing trustees, or at any other meeting duly notified, shall and they are hereby authorised and empowered to choose not less than three nor more than five judicious inhabitants, being freeholders, as assessors, one treasurer, being also a freeholder, one collector and as many fire-wardens as the trustees for the time being, or a major part of them, may order and direct, and at every such election the person or persons having the greatest number of votes for such offices respectively shall be deemed to be duly chosen, and in case a vacancy shall happen by the death, removal out of the said village, refusal or incapacity to serve of any of the assessors, the treasurer, collector or fire wardens, it shall be the duty of the trustees or a major part of them, within ten days thereafter to appoint some suitable person to fill such vacancy, and the person so to be appointed shall be vested with like powers and subject to the same penalties and restrictions as if elected by the freeholders and inhabitants of the said village as above mentioned. VII. And be it further enacted, That the said trustees, They shall treasurer, collector, assessors and fire-wardens, shall within ten days after each and every election, and before they proceed to the exercise of their several offices respectively, take and subscribe an oath or affirmation before any justice of the peace in the said village or county, for the faithful execution of the trust or office to which they may be severally chosen or appointed.

take an oath.

collector to

VIII. And be it further enacted, That the treasurer and col- Trustees and lector hereafter to be elected shall before they enter upon the give fecuriexecution of their several offices, respectively give such secu- ty. rity for the faithful performance of the trusts reposed in them as the major part of the trustees for the time being shall deem sufficient.

refuting to

IX. And be it further enacted, That if any of the inhabitants Penalty for of the said village qualified as aforesaid shall hereafter be lerve. elected or appointed a trustee, or to the office of assessor or fire-warden, and having notice of the said election, shall refuse, deny, delay or neglect to take upon him or them to execute

Prefident to be chofen.

His duty.

Collector's duty.

such trust or office to which he or they shall be elected, then and as often as it shall happen, it shall and may be lawful for the trustees, or a major part of them, to assess and impose upon every such person or persons so neglecting, delaying or refusing, such reasonable fine or fines as they the said trustees, or the major part of them, may think fit, so as such fine for each refusal, denial, delay or neglect shall not exceed the sum of fifteen dollars, all which said fines shall and may be recovered by an action of debt before any justice of the peace in the said county of Westchester, or court having cognizance of the same, to be prosecuted, recovered and received by the said trustees, with costs of suit, to and for the use of the said corporation; that in all cases when the trustees of the village of Sing Sing are authorised, empowered or required to sue or prosecute for any debts, penalties, fines or forfeitures by virtue of this act, it shall be deemed sufficient for the said trustees for the time being, in any suit or action to be brought for any such debts, penalties, fines or forfeitures, to declare generally that the defendant or defendants is or are indebted to the trustees of the village of Sing Sing in the amount of such debt, penalty, fine or forfeiture by virtue of this act, to be paid to the said trustees for the time being when thereunto required, and under such declaration to give the special matter in evidence.

X. And be it further enacted, That the trustees, within ten days after their being elected in every year hereafter, or the major part of them, shall, and it is hereby made their duty, to assemble in some convenient place in the said village, and then to choose and appoint some one suitable person of their body to be president of the said board of trustees, whose duty it shall be when present to preside at the meeting of trustees, to order extraordinary meetings of trustees whenever he may find it for the interest of the village so to do, to receive complaints of the breach of any by-laws, to see that all the by-laws, rules and ordinances are faithfully executed, and prosecute in the name of the trustees all offenders against each by-law, to receive and lay before the trustees the returns of the fire-wardens, to inspect the utensils belonging to the said village for extinguishing fires, and whose duty it shall be more particularly to see the engines and fire-utensils, engine-houses, and all other public property belonging to the said village, suitably and properly taken care of and kept in order, and to do all such other acts and things as may be proper for him as president of the board of trustees to do; and in case of the death, absence or disability of the president to discharge the several duties before mentioned, his place shall be supplied in the manner hereafter to be provided by the by-laws of the said corporation.

XI. And be it further enacted, That the collector shall within such time as shall hereafter be provided for by the by-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 the major part of them, and applied and disposed of as shall have been directed by the freehold ers and inhabitants of the said village.

be rendered.

XII. And be it further enacted, That the said trustees shall Accounts to keep a just and accurate 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 treasurer, collector and assessors shall be paid for their several services such suitable compensation as the said trustees, or a major part of them, by a by-law of the said corporation shall provide.

purchase real

XIII. And be it further enacted, That it shall not be lawful The corporafor the said corporation to purchase or hold any real estate of te whatsoever not lying or being within the limits of the said cor- eflate out of poration, nor shall any of the inhabitants residing within the said limits be assessed to work on any roads or highways not roads. within the limits of the said corporation.

the village.

Work on

fices for one

others are

XIV. And be it further enacted, That the trustees to be Trustees to elected by virtue of this act shall continue in office and be au- hold their of thorised and empowered to execute and perform all and singu- year, or until lar the powers and duties in this act contained, belonging to elected. their office of trustees as aforesaid, until the first Tuesday of May next following after their election of trustees as aforesaid, and until a new election for trustees of the said village shall be made pursuant to this act, and until the trustees so last chosen shall take and subscribe the oath or affirmation of the office of trustee.

CHAP. XCVII.

An ACT to incorporate the Society of Mechanics in the village of Canandaigua, for the purposes therein mentioned.

Passed April 2, 1813.

WHEREAS James D. Bemis and others, mechanics and Preamble. tradesmen of the town of Canandaigua and its vicinity, associated as a society under the style of "The Canandaigua Mechanic's Society," for the laudable purposes of protecting and supporting such of their brethren as by sickness or accident may stand in need of assistance, and of relieving the widows and orphans of those who may die in indigent circumstances, and also of providing the means of instruction for their children, by their petition presented to the legislature have prayed to be incorporated to enable them more beneficially to carry into effect their charitable intentions: Therefore,

I. BE it enacted by the people of the state of New-York, repJ. D. Bernis resented in Senate and Assembly, That the said James D. Be- and others mis, together with James Sibley, N. G. Chesebro, Samuel incorporated. Dike, Thayer Holden, John Brocklebank, John Wadsworth, Elisha Wright, John Hall, junior, Calvin Parker, Thomas Bliss, Eben Kellogg, Harvy Borron, John Ramsey, Horace Stewart, Elisha Younglove, Samuel Larned, Zebudee Larned, Dyer B. Draper, Daniel Randel, Rensselaer Keating, Benjamin Larned, Samuel Abby, Charles W. Pearsons, Aaron Ackley, James Biddall, Asa Stanley, Gridley Seward, Robert Spencer, John A. Stevens, Martin Ballard, Absalom Shade, Harvey Harmon, Elisha Hickox, George Daman, Justice Winchel, Freeman Atwater, James Clement, Justice Dobbin, Moses

Their style,

Proviso.

By-laws may be made.

Proviso.

Cleveland, Abner Bunnel, Thomas Beals, Benjamin Norris, Joshua Eaton, Benjamin W. Eaton and Rufus Hull, and all persons being mechanics or tradesmen and resident within the town of Canandaigua or its vicinity, who may become members of the said society, shall be and hereby are ordained, constituted and declared to be one body corporate and politic, in fact and in name, by the style of "The Canandaigua Mechanic's Society," and that by that name they and their successors shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure; and also that they and their successors by the name of "The Canandaigua Mechanic's Society," shall be capable in law of purchasing and conveying any estate, real or personal, for the public use of the said corporation Provided, That the lands, tenements and hereditaments which it shall be lawful for the said corporation to hold shall only be such as shall be requisite for the purpose of erecting a house or hall thereon, in which to meet and to transact the business of the said corporation, and for the purpose of erecting a school or place of instruction for the children of the members of the said corporation, or such as may be bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its business, or purchased at sales on judgments which shall have been obtained for such debts: And provided also, That the amount of the real and personal estate which the said corpora tion are hereby enabled to hold shall not at one time exceed the sum of fifteen thousand dollars.

II. And be it further enacted, That the said society or corporation shall have and possess full power to make and prescribe all such by-laws, rules, ordinances and regulations as a majority of a quorum of the members, as herein after mentioned, shall from time to time be thought proper, touching the management and disposition of the stock, estate, property, funds and effects of the said society, and all such other matters as appertain to the business, ends and purposes for which the said corporation is by this. act established, and for no other purposes whatsoever: Provided, That such by-laws, rules and regulations be not repugnant to the constitution and laws of the United States or of this state. III. And be it further enacted, That the officers of the said the fuciety, society shall be a president, a vice-president, a treasurer and secretary, who shall be citizens of the county of Ontario, to be ap pointed as herein after directed; and that the said president and vice-president, together with five trustees, also to be appointed as herein after provided, shall constitute a board to be termed, Their powers."the board of trustees ;" that the said board of trustees shall possess full power to direct and manage the concerns of said society in the manner and for the objects that may be prescribed by the by-laws of the said society; that Benjamin Larned shall be the first president of the said society, Robert Spencer the vice-president, Asa Stanley the treasurer, and John A. Stevens

Officers of

the secretary thereof; and that John Brocklebanks, John Wadsworth, Calvin Baker, Abner Bunnel and Gridley Seward shall be the first trustees of the same, and that the persons above named shall hold their respective offices until the second Thursday of February next, or until others be appointed in their places; the said president, vice-president, treasurer and trustees shall thereafter be chosen by ballot on the second Thursday of February annually, and elected by a majority of the members of the society, a quorum being present; the secretary shall be chosen by the board of trustees, and shall hold his office until another be appointed in his place; and it shall be his duty to attend all meetings of the board of trustees, and all meetings of the said corporation.

IV. And be it further enacted, That if any vacancies Vacancies shall happen in the offices of president, vice-president or treasu- how filled, rer, by death, resignation or removal, such vacancies shall be filled for the remainder of the year in which they may happen by a special election for that purpose, to be held and conducted in the same manner as the annual elections are holden, at such times and places as shall be prescribed by the by-laws of the said corporation; and if any vacancy shall happen in the office of secretary, the same shall be filled by the board of trustees, in such manner as shall be prescribed by the by-laws of the said corporation.

not to be d'f

tion on the

V. And be it further enacted, That in case it should at any Corporation time happen that an election of trustees or other officers should folved for not not be made on any day when pursuant to this act it ought to holding elec have been made, the said corporation shall not for that cause he day appoint deemed to be dissolved, but it shall and may be lawful on any other day to hold and make such election in such manner as shall have been regulated by the laws and ordinances of the said corporation.

ed.

ed.

ints to be

VI.And be it further enacted, That all elections and all meet- Elections ings of the said corporation, shall be made and held in a place how conductcertain, to be fixed and determined by the by-laws of the said corporation, and that all such elections and meetings of the said corporation so to be held as aforesaid, twenty members thereof, and at all meetings of the board of trustees, five members thereof, including the president, or in his absence the vicepresident, shall be considered as a quorum, and shall have full power to do and transact the business thereof; that the so- Stated meet, ciety shall hold four stated meetings in each year, one in held. every period of three months; and that all persons being mechanics or tradesmen, and resident in the town of Canandaigua or its vicinity, desiring to become members of the said corporation, shall be proposed to the said society by at least two members of the corporation, at a quarterly meeting next preceding that in which the question of his admission shall be proposed; that all such questions shall be determined by ballot and by the voice of two thirds of the members present; and all persons so admitted, on paying into the hands of the treasurer such sum of money as shall by the said by-laws be directed, provided the same shall not exceed the sum of five dollars, shall have their names entered in the general register, and shall be entitled to all the privileges and benefits arising therefrom; that the powers herein vested shall not extend to the levying or requiring from the members of