4. And be it further enacted, That it shall be the duty of the Taxes. said trustees and their successors, to assess on the freeholders and inhabitants living in the said village, the amount of the taxes which the freeholders and inhabitants shall at any time of their said meetings determine to be raised, levied or collected, in proportion to the property included within the limits of the said corporation, of the inhabitants to be assessed, and the advantages they shall respectively derive from the said tax; and they shall also execute the office of fire wardens of said village in case of fire: Provided, That if any person shall deem himself or herself aggrieved by any such assessment as aforesaid, it shall be lawful for any such person to appeal from the determination of the said trustees, to any three of the nearest justices of the peace in said county, giving at least three days notice to the said trustees of such appeal, and the time and place for determining thereof, by said justices, who shall hear the same, and do therein what shall appear to them just and right.

Proviso.

tor.

Treasurer

5. And be it further enacted, That the freeholders and inhabitants qualified to vote for trustees as aforesaid, at their annual meeting, and collecshall and they are hereby authorised to choose one treasurer and one collector, being freeholders of said village; and in case of vacancy in either of said offices, by death, removal from said village, or refusal to serve, the trustees shall have power of appointing some other freeholder of said village to supply such vacancy until the next annual meeting, and the person so appointed shall be liable to the same penalties and restrictions as if he had been duly elected at an annual meeting.

6. And be it further enacted, That the trustees, treasurer and Oath. 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 in said county, for the faithful execution or trust to which they may be severally elected: Provided nevertheless, That the said treasurer Proviso. and collector, before they take the oath or affirmation as aforesaid, shall respectively give security to the trustees of said village, for the discharge of their respective duties, in such sum as a majority of them shall deem sufficient.

7. 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, who shall be willing to accept, out of the inhabitants of the said village, and the same or any of them to remove at pleasure, and appoint others in their stead; to regulate the time and place of meeting and exercise of said company of firemen; to appoint their captain and other officers, and to make such laws, rules and regulations for the regulation and government of said company, and to inflict, ordain and establish such penalties for breaking or disobeying such by-laws, rules and regulations as they may deem expedient: Provided, That no fine or penalty shall be inflicted on any fireman exceeding five dollars for any one offence; and that the said trustees shall have the power of remitting such fines and penalties whenever a majority of them may deem proper.

8. And be it further enacted, That the trustees, within twenty days after their election, or a major part of them, shall, 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

Firemen.

Proviso,

President to

be chosen.

Collectors duty.

Accounts.

Fines.

of their body to be president of the board of trustees, and some other suitable person to be clerk of said board of trustees: and it shall be -the duty of the said president to preside at the meetings of trustees, to order extraordinary meetings whenever he may conceive it for the benefit of said village; to see that all the laws and regulations of said village are enforced and duly executed; to prosecute in the name of the trustees, all offences against or violations of the laws ordained and published as aforesaid; to keep the seal of 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 perform the duties of his office, it shall be the duty of the treasurer to notify the other trustees of such removal or inability, who shall, within ten days thereafter, meet and elect another president of their body, to hold his office until the next annual meeting and it shall be the further duty of the said president to take care of and preserve all the property belonging to the said corporation, to preside over all public meetings of said village, and to do all other things proper for the president of said village to do; and it shall be the duty of the clerk to keep the minutes of all the votes, rules, and orders and regulations, that are or may be made by the freeholders and inhabitants of said village, at their public meetings; and also to attend the meetings of the trus tees, and record all the by-laws, rules and regulations passed by them; and the trustees shall have the power to remove the said clerk and appoint another in his stead, pro-tempore; and the clerk shall receive such compensation for his services as the trustees shall deem sufficient, to be paid out of the funds of the village.

9. And be it further enacted, That the collector shall, within such time as shall hereafter be limited by the by-laws of the corporation, after the receipt of his warrant for collecting any tax that may have been ordered to be raised, collect and pay over the same to the treasurer; and that the collector shall have and may exercise the same power in collecting the said taxes, by distress and sale, as the several collectors of towns have in levying and collecting of taxes; and that all monies that 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 agreeably to the provisions of this act.

10. And be it further enacted, That the 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 receive for their several services, such suitable compensation as the freeholders and inhabitants of said village shall, in their annual meetings, determine; and that every fine and penalty imposed agreeably to the provisons of this act, may be sued for and recovered in the name of the trustees, in an action of debt, and to declare generally that the defendant is indebted to them by virtue of this act.

11. And be it further enacted, That all fines, penalties and forfeitures, and all monies obtained in any manner whatever by virtue of this act, shall be paid into the hands of the treasurer, for the use of the said village; and the treasurer shall, and he is hereby authorised, in case any person has received any money by virtue of this act, to and for the use of the said village, who 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.

office.

12. And be it further enacted, That the trustees, treasurer and Duration of collector to be elected by virtue of this act, shall hold their respective offices until the first Monday in May next after their election as aforesaid, and until a new election shall be made pursuant to this act, and until the officers so last chosen shall take and subscribe the oath or affirmation, and give the security required by this act.

13. And be it further enacted, That any justice of the peace in Jurors said county of Otsego, rsiding in the said village of Unadilla, and any freeholder or inhabitant of said village of Unadilla, shall be and are hereby declared competent respectively to try and serve as jurors, or give testimony in any cause wherein the said trustees are parties, notwithstanding any remote interest they may have in the event of such suit as members of the corporation of said village.

14. And be it further enacted, That at least one third of the Road taxes. highway taxes, to be assessed on the inhabitants of said town, residing in said village, may be laid out under the direction of the said trustees, or a majority of them, within the limits of said corporation: And further, That the commissioners of highways of said town, be, and they are hereby authorised to allow more than one third of the said highway tax, to be assessed on the inhabitants of said town, residing in said village, to be laid out within the limits of said corporation: Provided, the said commissioners, or a majority of them, shall Proviso. conceive that more than the said one third thereof ought reasonably to be laid out within the said limits.

15. And be it further enacted, That this act shall be and is here- Public act. by declared a public act; and that the legislature may, at any time hereafter, alter, amend or repeal the same.

CHAP. 142.

AN ACT to levy a Tax in the Town of Root.

Passed April 2, 1827.

WHEREAS the supervisor and assessors of the town of Root, in Preamble. the county of Montgomery, in making the assessment' roll for the last year, inadvertently omitted the names of several persons, whose real and personal property had been previously appraised and assessed by the assessors of said town; whereby the whole tax for the last year has been levied upon the residue of the inhabitants of said town: Therefore,

1. BE it enacted by the People of the State of New York, repre- Tax list to be sented in Senate and Assembly, That it shall and may be lawful for made. the supervisor and assessors of the town of Root, in the county of Montgomery, to make out an sssessment and tax list, against the property of Shadrach Bowdish, Gamaliel Bowdish, Samuel Bowdish, Jacob Bartlett, John Bartlett, junior, Stephen Brockway, John Brumagin, James Bennett, Simon Brewster, Isaac Burnop, Elizabeth Brown, Thomas, H. Bingham, Calvin B. Brumbly, Mathias Burdock, Benjamin Burdock and John Bennett, as they were previously

pervisor.

assessed by the assessors of said town, in proportion to the tax already levied upon the other inhabitants of said town.

Duty of su- 2. And be it further enacted, That upon making out such tax list, the supervisor of said town of Root shali issue his warrant to Christian 1. Leathers, the present collector thereof, thereby commanding said collector to levy and collect the tax so assessed against the several persons named in said tax list; and pay the monies, when collected, to the overseers of the poor of said town, or one of them, to be applied towards the support of the poor of said town.

Time limited

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189

3. And be it further enacted, That the collector of said town shall have time, until the first day of May next inclusive, to collect said tax; and in all other respects, shall be governed by the laws now in force, in relation to the levying and collecting the other taxes of said town.

ACT

CHAP. 143.

AN town, the Commissioners of Highways of the Town

کرو

Preamble.

Corporation

created.

of Germantown, in the County of Columbia, to lay out Roads of a certain width.

Passed April 2, 1827.

BE it enacted by the People of the State of New York, represented in Senate and Assembly, That it shall and may be lawful for the commissioners of highways of the town of Germantown, in the county of Columbia, to lay out any roads not more than four nor less than two rods wide, any law to the contrary notwithstanding.

CHAP. 144.

AN ACT to incorporate the Trustees of the Yorkville School, in the 12th ward of the City of New-York.

Passed April 2, 1827.

WHEREAS Gideon Lee, David Wagstaff, Henry Post, Milne Parker and John Asten, have by their petition represented, that they have been chosen trustees, by a general meeting of the inhabitants of said village, for the purpose of establishing a school in that place, which is situated upon the lands lately known by the name of the Harlaem common lands, in the twelfth ward of the city of New-York, and have prayed for an act of incorporation to aid them in their purpose: Therefore,

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the said five persons above named, and their associates, residents at or in the vicinity of Yorkville, in the twelfth ward of the city of New-York, are hereby constituted and declared to be a body corporate and politic, by the name of "the trustees of the Yorkville school," and by that name they and their successors may forever have perpetual succession, and shall and may by that name, be persons capable in law of suing and being sued, pleading and being impleaded, answering and being answer

ed unto, defending and being defended in all courts and places whatsoever, and that they and their successors may have a common seal, and may change and alter the same at their pleasure, and shall be in law capable of receiving, purchasing, holding and pos sessing any estate, real or personal, and at pleasure may sell and dispose of the same for the use of the said corporation: Provided, Proviso. Such real estate shall not exceed in value the sum of ten thousand dollars.

2. And be it further enacted, That any person paying into the Members. treasury of said corporation the sum of ten dollars, for the use of the school, shall, by and with the consent of the trustees, for the time being, become an associate or member of said school, and entitled to vote for trustees for the government thereof; and upon paying such further sum as the trustees shall agree upon, any such person shall be entitled to the privilege of sending one scholar to such school for life or term of years, according to the regulations and by-laws to be prescribed for that purpose.

3. And be it further enacted, That the said five persons nam- First trused in the first section of this act shall, and are hereby declared to tees. be the first trustees of said school, and shall continue to be trustees for the purposes aforesaid, until the first Tuesday in August next, and until others shall be chosen in their places; and for the purpose of an election, it shall and may be lawful for the trustees, and their associates for the time being, to assemble on the first Tuesday in August in each and every year, in the village of Yorkville, and at such time of the day as the trustees, or a major part of them, shall appoint, and by advertisement, or such other notice as they may deem proper, and under the direction of the said trustees, who are to be the inspectors of such election, and then and there, by a majority of the votes of the members of this incorporation who shall be present, to elect five discreet persons, being householders and residents in the village of Yorkville and its vicinity, to be trustees as aforesaid, who shall continue in office one year, and until others shall be chosen in their places; that the trustees shall meet once a month, to examine into the state of the school, and to transact such business as may be requisite.

4. And be it further enacted, That the said trustees and their successors are hereby authorised and empowered, from time to time, to make, ordain, and establish such prudent rules, by-laws, and regulations, as a majority of them shall judge necessary and adviseable for securing to the corporation its funds, property and effects, for increasing the same, and for the well ordering, regulating and governing the said school in such manner as will best promote the interest and utility thereof.

By-laws.

Donation of

dollars

5. And be it further enacted, That the trustees' appointed to sell the Harlaem common lands in and by virtue of an act of the two thousand legislature, entitled "an act relative to the common lands of the freeholders and inhabitants of Harlaem," passed March 28th, 1820, and the act in addition to the same, are hereby directed to pay to the trustees of this school, the donation or sum of two thousand dollars, together with such interest as has or shall accrue thereon, directed in said act to be paid to such school, as shall be established upon the said Harlaem common lands.