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Power of trustees.
any other necessary repairs or improvements, por purchase or sale of any real estate, no public building erected or disposed of without the consent of the freeholders and legal voters of the said village of Jamaica, or the major part thereof, in open meeting first outained.
IV. And be it further enacted, That it shall be lawsul for the trustees of the said village, or a major part of them, and iheir successors, to make, ordain, constitute and publish such prudential bye-laws, rules and regulations as they from time to time shall deem meei and proper, and such in particular as relate to public markets within the said village, relative to streets, alleys, bighways of the said village, and draiving, filling up, paving, keeping in order and improving the same, relative to slaughter-houses and nuisances generally, relative to a town watch and lighting the streets of the said village, relative to the number of taverns or inns to be licensed in the said village, relative to restraining geese, swine or cattle of any kind, relative to the better improving their common lands, relative to the inspection of weights and mea sures, relative to erecting and regulating hay-scales, and relative to any thing whatsoever that may concern the public and good government of the said village ; but no such bye-laws shall extend to the regulating or ascertaining the prices of any commodities or arti
cles of provision, except the article of bread, that may be offerProvise. ed for sale: Provided also, That such bye-laws be not contrary to
or inconsistent with the laws and statutes of this state, or of the
United States. May ordain V. And be it further enacted, That the said trustees, or major önes to a cetain amount part of them, as often as they shall make, ordain and publish any
such bye-laws for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines against the offenders of such
laws as they may think proper, not exceeding twenty-five dolHow to be Jars for any one offence, to be prosecuted and recovered before recovered.
any justice of the peace or court having cognizance of the same,
by the trustees, to and for the use of said corporation. Their power
VI. And be it further enacted, That it shall be lawful for the as to bakers trustees of the said village of Jamaica, or the major part of
them, and their successors, to make, ordain, constitute and publish a bye-law prohibiting any baker or other, within the limits aforesaid, from selling any bread at any higher price or rate than bread of the like quality at the time of such sale shall be assized 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 within the county of Queens, in an action of debt, with costs of suit, for the use of said corporation.
VII. And be it further enacted, That the freeholders and inAssessos,
habitants of the said village of Jamaica, qualified to vote at towa treasures and collcetor to meetings, at their annual meetings in every year thereafter, to be elected.
be held for choosing trustees, or at any other meeting duly notified, shallo 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, and one collector; and that 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 of any one of the assessors, the treasurer or collector, it shall be the duty of the trustees or the major part of them, within ten days thereafter, to appoint v
Vacaneies some suitable person to fill such vacancy, and the person so to be how filleil. appointed, shall be vested with the like powers and subject to the same penalties and restrictions as if elected by the freeholders and inhabitants of said village, as above mentioned.
VIII. And be ii further enacted, That the trustees, treasurer, Officers to collector and assessors, shall, withiu ten day after every take an 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 within the county of Queens, for the faithful execution of the trust or office to which they may be severally eiected.
IX. And be it further enacted, l'hat the treasurer and col- Treasurer & lector hereafter to he elected, shall, before they enter upon the give also se execution of their offices respectively, give such security for the curity. faithful perforinance of the trust reposed in them, as the major part of the trustees for the time being shall deem sufficient. X. And bc it further enacted, That is any one of the inhabi- Refusal to
serve in an tants of the said village, qualified as aforesaid, shall hereafter be office, how elected or chosen a trustee, or to the office of assessor, or collec- punished. tor, and having notice of his said election, shall refuge or neglect to take upon him the trust or office to which he be so elected, it shall and may be lawful for the trustees or the major part of them, to assess and impose upon every such person so neglecting or refusing, such reasonable fine or fines as the said trustees, or a major part of them may think fit, so as such fine for each refusal or neglect shall not exceed the sum of twenty dollars; all which said fines shall and may be recovered by action of debt before recovered. any justice of the peace in the said village, or within the county of Queens, or any court having cognizance of the same, to be recovered and received by the said trustees, to and for the use of the said corporation ; that in all cases where the trustees of the village of Jamaica are authorised or required to sue or prosecute for any debts, penalties, fines or forfeitures, by virtue of this act, it shall be sufficient for the said trustees, in any suit or action to
And may de be brought for aty such debt, penalty, fine or forfeiture, to de- clare rene clare generally that the defendant is indebted to the trustees of rally. the village of Jamaica in the amount of such debt, penalty, fine or forfeiture by virtue of this act, to be paid to the said trustees when thereunto required, and under such declaration to give the special matter in evidence.
And whereas, It is necessary for the good government of the Recital. said village, that it should be more particularly the business of some one of the trustees of the said village to attend to its more immediate concerns : Therefore, XI. Be it further enacted, That the trustees, within ten days.
President of after their being elected, in every year hereafter, or the major the board a'y part of them, sball and it is hereby made their duty, to assemble of
luja duty. in some convenient place in the said village, and there to choooe
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 the trustees, to order extraordinary meetings of the trustees whenever he may find it for the interest of the village so to do, receive complaints of the breach of any of the laws,to see that all the bye-laws, rules and ordinances are faithfully executed,and prosecute in the name of the trustees,all offenders against such bye-laws, 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 Vacancy how to discharge the several duties before mentioned, his place shall supplied.
be supplied in the manner hereafter to be provided for by the byelaws of the said corporation.
XII. And be it further enacted, That the collector shall, withDaty of the eolicotor. in such time as shall hereafter be 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, col. Ject 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
freeholders and inhabitants of said village, Puty of the
XIII. And be it further enacted, That the said trustees shall trustees in
keep a just and accurate account of the necessary expenses and diskeeping account of disa bursements, and on exhibiting the same to the treasurer, shall be bursements,
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 legal voters of the said corporation, or a majority of them, at their annual meeting, shall deem reasonable and proper.
XIV. And be it further enacted, That it shall not be lawsul for Restrietion as to holding the said corporation to purchase or hold any real estate whatso xeal estate.
ever, not lying or being within the limits of the said corporation.
XV, And be it further enacted, That the trustees of the said Trustees de clared com. village hereby incorporated, shall be commissioners of excise for missioners of granting licenses to the several persons residing in the said vilexotic
jage, and applying for the same, to keep inns and taverns, and to retail strong or spiritous liquors in the said village, and the said trustees shall have the same powers, perform the same duties, be entitled to the same fees, and be subject to the same restrictions which the commissioners of excise of the town of Jamaica are subject to, pursuant to the act, entitled “ an act to lay a duty on strong liquor, and for regulating inns and taverns," passed the seventh day of April, one thousand eigbt hundred and one; and also that the money collected by the said trustees for granting licenses as aforesaid, their fees excepted, shall, from time to time, without delay, be paid by them to the overseers of the poor of the town of Jamaica, for the maintenance of the poor of the said
town. [Note.-Certain corporate powers were granted to this town as early as April 1. 1707.-K. & R. v. 2. 206--and again Sess. 33. ch. 125.-The present act gives this village the general powers of a corporation.]
An ACT to amend the act, entitled “ an act relative to district attornies, and for other purposes.”
Passed April 15, 1814. I. BE it enacted by the people of the state of New York, repre- Seneca, sented in Senate and Assembly, That the county of Seneca be, and nexed to the is hereby annexed to the tenth district, for the purposes contemplated by the act hereby amended.
II. And be it further enacted, That the courts of common pleas Courts of and general sessions of the peace, in and for the county of Alle
pleas and gany, shall hereafter he holden on the fourth Tuesdays in June general sesand October, and third Tuesday in January; and, that the May legany, when term of the courts of common pleas and general sessions of the to be peace in the county of Broome, shall, instead of the second, be May term in hereafter holden on the third Tuesday in May: Provided however, i
That no process heretofore, or hereafter to he issued and return- Proyiso. able at the next ensuing terms of said courts shall be affected by guch alteration.
sions in Al
[Note.-Seneca heretofore belonged to the 11th district, V. N. & W. v. 1. 414.The courts in Allegany were formerly held on the second Tuesdays of June and Nevember.-V. N. & W. v. 2. 145.]
in ACT to amend an act, entitled “ an act to amend an act, en
titled “an act to incorporate the Eastern Union Turnpike Company
Passed April 15, 1814. BE it enacted by the people of the state of New York, represented A gate may in Senate and Assembly, That the president and directors of the be continued
Sideul au vicco vi w on a certain Eastern Union turnpike road shall have the power and right to part of the
road. continue a gate on that part of the said road which runs from the house of Caleb Carr, in the town of Stephentown, westerly to the Crooked Lake, in the town of Sand Lake, and receive the tolls authorised by the act hereby amended, from and after the first day of July next, until the first day of November next; and, that when- Toll when ever the president and directors of the said road shall cause to be and how to finished, according to law, two miles more of said road, to wit: From the house of the said Caleb Carr, easterly to the old Stephentown road, they shall be entitled to receive the tolls authorised in and by the act, entitled “ an act to incorporate the Eastern Union turnpike company,” to be received for a full toll gate of the said turnpike road, until the first day of July, one thousand eight hundred and sixteen, any thing in the said last mentioned act to the contrary notwithstanding.
Note. This company was incorporated March 28, 1809-Sess. 32. ch. 140.-That act was amended June 15, 1812, sess. 35. ch. 168, and again by the present act.]
tled “ an act for regulating trials of issues, and for return-
Passed April 15, 1814. I. BE it enacted by the People of the state of New York, reJudges of presented in Senate and Assembly, That it shall and may be the common lawfal for the judges of the courts of common pleas of the se. plens to di rect the veral counties of this state, or a majority of them, whenever it olerks of counties to shall appear necessary to them, to direct the clerk of the county rive certain to give notice to the clerks of the several towns in such county, notices.
that a new return of jurors is necessary, stating in such notice the
time when such return shall be made, and that it shall be the duty Duty of the of the clerks of the several towns on receipt of the said notice, Lorn clerks.
forthwith to serve or cause to be served, a copy thereof, on
the supervisors and assessors of such town, whose duty it shall be And of the to meet such town clerk, at such time and place as he shall apsupervisors point, and that they or a majority of them so met, shall make an and assessors. Alphabetical alphabetical list of the names, with the places of abode, and addi. List of jurors tion of all persons residing in their respective towns, and qualified required of ebem. and of sufficient ability and understanding to serve on juries in the
several courts mentioned in the act, entitled “ an act for regulating trials of issues, and for returning able and sufficient jurors,"
and shall cause the said list to be delivered to the clerk of the 'And to be county, by the time by him to be stated for that purpose, as aforedelivered to the clerk of sa
said, leaving a copy thereof with the clerk of the town to be filed the county. in his office. Duty of the
e II. And be it further enacted, That it shall be the duty of the
clerks of the several counties in this state, on the receipt of such clerks.
list of persons qualified to serve as jurors, to destroy all the ballots
in the jury boxes, and to substitute new ballots made from such Proviso. new lists : Provided, That nothing in this act contained shall be
construed in any way to affect the act herein mentioned. [Note.-The act of February 25, 1813, V. N. & W. v. 1. 325, which the present act amends, was in many counties omitted to be executed, so that it was with great diffi. culty a sufficient number of jurors could be procured to attend the different courts of justice.-The present act by giving authority to the judges of the common pleas to direct the clerks to execute the law, will place it in the power of those courts to enforce a compliance with the act of February 25, 1813.)
An ACT respecting incorporated Insurance Companies in cases of their insolvency.
Passed April 15, 1814. Chancellor . Be it enacted by the People of the State of New York, representthe supreme ed in Senate and Assembly, That whenever it shall appear to the Judge of directors of any of the incorporated insurance companies within count, may this state, or to the majority of them, that the stock of such commuito proceed. pany has been so far reduced by losses or otherwise, that it will