eftate for the

II. And be it further enacted, That the said trustees To hold reat hereby appointed, and their successors, are hereby enabled benefit of the to take grants and conveyances of any lands and tenements, inhabitants; being within the limits of Waterford aforesaid as herein described, and to hold the same to them and their successors for ever in trust to and for the common use and benefit of the freeholders and inhabitants aforesaid.

And to make

certain rules and regula. tions;

III. And be it further enacted, That the said freehold ers and inhabitants at their annual meetings to be held as aforesaid, and at such other times in the year as the said trustees or a majority of them may think necessary to advertise for the purpose, are hereby authorized from time to time to make and establish such prudential rules and regulations as a majority of such freeholders and inhabitants so assembled and having a right to vote shall judge necessary and convenient, for the better improving of their common lands, and for ascertaining and directing the use and management thereof, and also to ordain and establish such prudential rules and regulations, relative to the cleansing and keeping in order and repair the common streets and highways in Waterford aforesaid, and removing nuisances therefrom, and also to make and ordain rules and regulations proper to compel the housekeepers in Waterford aforesaid to furnish themselves with a sufficient number of fire-buckets, and with necessary tools and implements for extinguishing of fires, and to impose And provide such penalties on the offenders against such rules and re- penalties. gulations, or any of them, as the majority of such freehold. ers and inhabitants so assembled shall from time to time deem proper, not exceeding five dollars for any one offence, to be recovered by the said trustees in their own How to be renames with costs of suit, for the use of the said freehold covered and applied. ers and inhabitants, by action of debt before any justice of the peace residing in the county of Saratoga,

clerk.

IV. And be it further enacted, That the said trustees To appoint-a. and their successors may from time to time appoint one fit person to be a common clerk for the said freeholders and inhabitants, whose duty it shall be to record all rules His duty. and regulations made by the said freeholders and inhabitants at their meetings as aforesaid, in a proper book to be by him provided for such purposes, and also to do all such things as the said trustees or a majority of them shall lawfully from time to time by writing under their hands direct.

firemen.

V. And be it further enacted, That it shall be lawful To appoint for the said trustees, or the major part of them, and they are hereby required to appoint or continue a sufficient number of men, willing to accept, not exceeding fifteen in number, out of the inhabitants residing in Waterford aforesaid, to have the care, management, working and use of the fire-engine, or engines belonging or which may

belong to the said freeholders and inhabitants, and also the tools and instruments for extinguishing fires; and the rules for their said trustees, or the major part of them, are hereby

And make

government.

authorized to remove all or any of the said firemen when and as often as they shall think fit, and others in their stead to appoint; and also to make, establish and ordain such rules and regulations for the government of such firemen as to them shall appear necessary and proper.

CHA P. CLXXXII.

An ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Poughkeepsie.

Passed 8th April, 1801.

Bounds of the L. E it enacted by the People of the State of New-York

village of Poughkeepsie.

Inhabitants thereof annu.

ally to choose fivé trustees.

trict of country contained within the following bounds, that is to say: Beginning at the mouth of a small brook falling into Hudson's river at a small distance south of a point of land commonly called Shipyard-point which mouth of said brook is on the land of the late Henry Livingston deceased, thence east as the magnetic needle now points one hundred and thirty chains to a stone set in the ground on which is engraven the word "Corporation," again from the mouth of the brook aforesaid northerly along Hudson's river including the flatts or shoals between high water's mark and the channel of said river to the mouth of another small brook or where the same joins the waters of Hudson's river aforesaid, which last mentioned brook is commonly known by the name of Kidney's creek or kill and divides the land of Robert L. Livingston from the land of Abraham Pells, then from the mouth of the said brook last mentioned up the middle of the same however it runs to the post road, thence due east as the magnetic needle now points so far as that on a straight line due west it will be one hundred and thirty chains distant from Hudson's river to a stone set in the ground on which is engraven the word "Corporation," and thence in a direct line to the stone set in the ground first above mentioned, shall continue to be known and distinguished by the name of the village of Poughkeepsie; and the freeholders and inhabitants of the said village, qualified to vote at town meetings, and who may from time to time reside within the aforesaid limits, shall annually on the third Tuesday of May meet at some proper place to be appointed by the trustees and notified to the inhabitants thereof at least one week previous thereto, and then and there proceed to choose five discreet freeholders, resident within the said village, to be trustees thereof, who when chosen shall possess the several powers and rights hereinafter specified;

and the trustees shall preside at such meeting and shall de clare the several persons having the greatest number of votes as duly chosen trustees.

porated.

corporation.

II. And be it further enacted, That all the freeholders Inhabitants residing within the aforesaid limits, be and they are hereby thereof incorordained, constituted and declared to be from time to time and for ever hereafter a body politic and corporate, in fact and in name, by the name of "The trustees of the village of Poughkeepsie," and by that name, they and their successors for ever shall and may have perpetual succession, and be persons in law capable of suing and being sued, and of defending in all courts and places whatsoever, in all manner of actions, complaints, and causes whatsoever, and Powers of the that they and their successors may have a common seal, and may change and alter the same at pleasure, and shall be in law capable of purchasing, holding and conveying any estate real or personal, for the public use of the said village, and of erecting any public buildings for the use of the said village, and of raising money by tax for erecting those public buildings or making any other necessary repairs or improvements, which money so to be raised shall be assessed upon the freeholders and inhabitants of the said village according to law, by not less than three nor more than five judicious assessors, who shall be freeholders in said village, to be by the freeholders and inhabitants of the said village, qualified to vote at town meetings, chosen at their annual meetings, and collected by the collector of. the corporation in like manner as the taxes of towns and counties are collected by virtue of a warrant to him directed by a majority of the trustees; Provided nevertheless, That no tax shall be levied or monies raised, assessed or collected for erecting public buildings or making any other necessary repairs or improvements, no 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 Poughkeepsie, or the major part thereof, in open meeting first obtained.

No tax to be rain other acts done fent of the le gal voters of

raifed or cer.

without con

the village.

make rules

village.

III. And be it further enacted, That it shall be lawful Traftees to for the trustees of the said village, or the major part of relative to the them, and their successors, to make, ordain, constitute police of the and publish such prudential bye-laws, rules and regulations, as they from time to time shall deem meet and proper, and such in particular as are relative to public markets within the said village, relative to streets, alleys and highways of the said village, and draining, 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 the restraining geese, swine or cattle of any kind, relative to the better improving their

And impofe fines;

And regulate the price of bread.

Inhabitants to

choofe annu.

ally affeffors,

treafurer, col

lector & fire. wardens.

Trußtees to fupply vacan cies.

common lands, relative to the inspection of weights and measures, 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 articles of provision, except the article of bread, that may be offered 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.

IV. And be it further enacted, That the said trustees, or the major 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 dollars for any one offence, to be prosecuted and recovered before any justice of the peace or court having cognizance of the same, by the trustees to and for the use of said corporation.

V. And be it further enacted, That it shall be lawful for the trustees of the said village of Poughkeepsie, or the major part of them, and their successors, to make, ordain, constitute and publish a bye-law prohibiting any baker or other person 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 Dutchess, in an action of debt with costs of suit for the use of the said corporation.

VI. And be it further enacted, That the freeholders and inhabitants of the said village of Poughkeepsie, qualified to vote at town meetings, at their annual meetings in every year hereafter to be held for choosing trustees, or at any other meeting duly notified, shall and they are hereby au thorized 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 the major part of them, may order and direct; 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, collector or fire-wardens, it shall be the duty of the trustees, or the 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 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. VII. And be it further enacted, That the trustees, treasurer, collector, assessors and fire-wardens shall within ten days after 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 within the county of Dutchess, for the faithful execution of the trust or office to which they may be severally elected.

Trustees and

other officers

to take an

oath.

and collector

rity.

VIII. And be it further enacted, That the treasurer and Treasurer collector hereafter to be elected, shall before they enter to give fecuupon the execution of their offices, respectively give such security for the faithful performance of the trusts reposed in them, as the major part of the trustees for the time being shall deem sufficient.

warden liable

IX. And be it further enacted, That if any one of the Perfons refufing to be inhabitants of said village, qualified as aforesaid, shall truftee, affefhereafter be elected or chosen a trustee, or to the office for or fire. of assessor or fire-warden, and having notice of his said to a fine. election shall refuse 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 How affeffed by action of debt before any justice of the peace in the and collected. said village, or within the county of Dutchess, 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 vil- How to delage of Poughkeepsie are authorized 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 be brought for any such debt, penalty, fine or forfeiture, to declare generally that the defendant is indebted to the trustees of the village of Poughkeepsie 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.

X. And whereas, It is necessary for the good government of the 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, 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

clare in fuits by the trustees

Trustees to ident.

choose a pre