They may make by

laws.

Elect a treas.

lector.

time deem necessary; and of raising a sum by tax, not exceeding three hundred dollars in any one year, for the purposes aforesaid: Provided, That no tax shall be levied or money raised, assessed or collected for the purposes aforesaid, and no purchase or sale of any real estate be made, and no building or reservoir made or disposed of without the consent of the freeholders of said village, or the major part of them, at the annual meeting for the election of trustees first obtained.

III. And be it further enacted, That it shall be lawful for the trustees of said village, or a major part of them and their successors, to make, ordain, constitute and publish such pru dential by-laws, rules and regulations as they from time to time shall deem meet and proper, and for the benefit of said village, relating to the objects mentioned in the foregoing section, and not inconsistent with the laws of this state or the United States; and it shall further be lawful for the said trustees to ordain, constitute and publish such fines and forfeitures for the breaking of any such by-laws, rules and regulations as they may think expedient: Provided nevertheless, That no forfeiture or fine shall be inflicted over and above the sum of ten dollars for any one offence against such by-laws.

IV. And be it further enacted, That the freeholders and inurer and col- habitants of said village, qualified to vote for the trustees as aforesaid, at their annual meeting, shall, and they are hereby authorized 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 above offices by death, removal from said village or refusal to serve, the trustees shall have the power of appointing some other freeholder of said village to supply said vacancy until the next annual meeting, and the person so ap pointed shall be liable to the same penalties and restrictions as if duly elected at the annual meeting.

Officers shall take an oath.

Proviso.

Firemen

pointed.

V. And be it further enacted, That the trustees, treasurer and collector shall, before they proceed to execute their respective offices, and within ten days after their election respectively, take and subscribe an oath or affirmation before any justice of the peace of the county of Onondaga, 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 aforesaid, shall respectively give se. curity to the trustees of 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 may be ap. the trustees of said village, or a majority of them, to appoint not exceeding twenty-five firemen out of the inhabitants of said village, and the same or any one 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 captain and other officers, and to make such bylaws, rules and regulations for the government of such company, and inflict, ordain and establish such penalties for the breaking or disobeying of such by-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 one offence, and that the trustees shall have the power of remitting such fine or penalty whenever a majority of them shall deem it proper.

VII. And be it further enacted, That it shall be the duty of Assessments the said trustees and their successors, annually to assess on the may be made. several inhabitants and freeholders living in said village, the amount of the taxes which the freeholders and inhabitants of said village shall, at their annual meeting determine to be raised, levied or collected, in proportion to the property and situation of the inhabitants so to be assessed, and the advantages they shall respectively derive from said tax; and they shall likewise execute the office of fire-wardens of said village in cases of fire: Provided, That if any person shall deem him or Provisa. herself aggrieved by any such assessment as aforesaid, it shall be lawful for any such person to appeal from the determination of the trustees to any three justices of the peace in the county of Onondaga, giving notice to the said trustees of such appeal and of the time and place for determining thereof by such justices, who shall hear the same, and do therein what to justice shall appertain.

be chosen.

VIII. And be it further enacted, That the trustees within President twenty days after their election, or a major part of them, shall and clerk to and it is hereby made their duty to assemble at 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 clerk to said board of trustees; and it shall be the duty of the president when present to preside at the meeting of the President, trustees, to order extraordinary meetings of the trustees whenever he may conceive it for the interest of said village, to hear and receive complaints of the breach of any of the laws of said corporation, 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 deem proper, and in case of the death, removal or inability of the president to discharge the duties of the office, it shall be the duty of the secretary to notify the other trustees of such death, removal or inability, who shall within ten days thereafter, meet and elect another president out of their body, 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 preserve all property belonging to 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 keep the minutes of all such votes, orders, rules and regulations as are clerk. 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

Duty of the

1

Collector's duty.

Accounts how to be rendered.

Penalty for refusing to

serve when elected.

Proviso.

Notice of be given.

them; and the trustees shall have the power to remove such clerk and appoint another, and to appoint one pro tempore in case of the absence of the clerk, as a majority of them shall agree and the clerk shall receive such compensation for his services as a majority of the trustees shall deem sufficient, to be paid out of the funds of said village.

IX. And be it further enacted, That the collector shall, within such time as shall be hereafter limited by the by-laws of said corporation, 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 such collector shall have and exercise the same power in the collecting of said taxes, by distress and sale, as the several collectors of towns have in the levying and collecting of taxes; 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 majority 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.

X. And be it further enacted, That the said trustees shall keep an account of their necessary 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 the treasurer and collector shall be entitled to receive for their several services such suitable compensation as the legal voters of said corporation or a majority of them, at their annual meeting shall deem proper.

XI. And be it further enacted, That if any one of the inhabitants of said village qualified as aforesaid, shall hereafter be elected or chosen a trustee and shall refuse or neglect to serve as such, it shall and may be lawful for the trustees duly qualified or the major part of them, to impose and inflict upon such persons so neglecting or refusing such reasonable fine or fines as they may think proper: Provided, That such fine for any one offence shall not exceed the sum of ten dollars, to be recovered in the same manner that other fines and penalties are recov erable by this act; and that in all cases where the trustees of the village of Manlius 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.

XII. And be it further enacted, That it shall be the duty of weerings to 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 inhabitants of said village whenever they may think it expedient. Fines, &c. to XIII. And be it further enacted, That all fines, penalties or be paid to the forfeitures, and all monies obtained in any manner whatever, by

treasurer.

virtue of this act, shall be paid into the hands of the treasu rer, 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 and benefit of said village, and shall refuse or neglect to pay the same to him, to prosecute every such offender in the name of the trustees of said village, for monies had and received to and for the use of said village.

XV. And be it further enacted, That it shall be lawful for the This act may legislature at any time to repeal or amend this act.

be repealed or amended.

CHAP. LVIII.

An ACT to amend an act entitled " an act to vest certain Powers in the Freeholders and Inhabitants of the Village of Herkimer.

Passed March 12, 1813.

I. BE it enacted by the people of the state of New-York, represented in Senate and Assembly, That the freeholders and inhabitants of said village, at their annual meetings, and at such other times in the year as the trustees mentioned in said act, or a majority of them, may think necessary, to advertise for the purpose, at least one week before such meeting, shall be and hereby are authorised and empowered in addition to the powers to them granted by the act hereby amended, to make, ordain, constitute and establish such prudential rules, orders and regulations as a majority of such freeholders and inhabitants so assembled and having a right to vote, shall judge necessary and convenient, relative to the preventing and removing of nuisances in any and all parts of said village, to the prevention of fires, of the exploding of gun powder and the discharging of fire arms within the same (excepting by militia or regular troops when embodied or under the command of their proper officers) relative to the running of horses in the streets or public highways, and to the going or running at large of horses and cattle in said village, and to impose such penalties on the offenders against such rules, orders and regulations, or any or either of them, as the majority of such freeholders and inhabitants having a right to vote, so assembled shall from time to time deem proper, not exceeding five dollars for any one offence, to be sued for and recovered in the same manner as in and by the act hereby amended the penalties for offences under the said act are to be sued for and recovered.

II. And be it further enacted, That it shall and may be lawful for the trustees of said village to increase the number of firemen, provided for by the act hereby amended, to any number not exceeding twenty in the whole.

CHAP. LIX.

An ACT for the Relief of the Heirs of the late George Clinton,
Esquire, deceased.

Passed March 12, 1813.

WHEREAS George W. Clinton, Matthias B. Talmadge and Preamble. Elizabeth his wife, Stephen D. Beekman and Maria his wife, and George Clinton Genet, Henry James Genet, Maria Louisa

Genet, Charles Alexander Genet, and Cornelia Tappen Genet, infants, by Edmund C. Genet their father and guardian, have by their petition represented, that the said George W. Clinton, Elizabeth Talmadge, Maria Beekman, George Clinton Genet, Henry James Genet, Maria Louisa, Charles Alexander and Cornelia Tappen Genet, are the heirs at law and next of kin of the late George Clinton, esquire, who died intestate as far as the said petitioners have been able to discover, and possessed of a large estate, both real and personal :

That the said George W. Clinton, Elizabeth Talmadge, Maria Beekman, George Clinton Genet, Henry James, Maria Louisa, Charles Alexander and Cornelia Tappen Genet, are the heirs at law and next of kin of the late George Clinton, esquire, who died intestate as far as the said petitioners have been able to discover, and seised and possessed of a large estate, both real and personal.

That the said George Clinton was jointly with the late John M'Kesson, esquire, in his life time, seised of several lots and parcels of land, situate in the patent of Kayaderosseras, and in the counties of Washington, Montgomery and Saratoga, in this state, in trust for themselves and for Peter Tappen and Christopher Tappen, and that after the death of the said John the said George was seised of the said lots and parcels of land in trust for himself, the said Peter and Christopher, and for James M'Kesson, Alexander M.Kesson, William M'Kesson and Patrick Reid, as more fully appears by a deed poll declaratory of the said trusts, executed by the said George Clinton, and bearing date the nineteenth day of October, one thousand eight hundred and one; and that the said George Clinton and John M'Kesson in some instances, and the said George Clinton in other instances, for the benefit of all the interested persons made divers conveyances or contracts for the sale of par ticular parts of the said lands, of which lands, at the time of the death of the said George Clinton, some were sold and paid for by the purchasers, but not conveyed to them, some were indeed sold and conveyed, and mortgages taken for part of the purchase money, but the deeds and conveyances are defective and useless, in as much as they do not properly describe and locate the premises intended to be conveyed, and on other lots which were duly sold, conveyed and mortgaged, the principal and interest due at the time of the death of the said George exceeded what the lands would now sell for, and no remedy can be had on the bonds in consequence of the removal or flight of the obligors, so that it is become necessary for the interest of the parties concerned, to foreciose and buy in the equi. ty of redemption and resell the said lots for their benefit, more particularly as in some of those cases, the premises are now possessed by persons claiming to hold adversely, and not under any title from the said George Clinton or John McKesson; and in one case of property mortgaged for part of the purchase money, the said George Clinton sold the property so mortgaged, under a power contained in the said mortgage, and caused the premises to be bought in by Anthony Lamb, esquire, for the benefit of himself and the other parties concerned in the said lots or parcels of lands, but died without executing a deed of