1

Josiah Stowel and Cyrus McMaster to erect two dams across the Canisteo river, the one at or near lot number eighty on the east side of the river, and the other on lot number twenty-six, in township number two, in the town of Addison: Provided however, That the said Josiah Stowel and Cyrus McMaster shall not build the said dams over two feet six inches in height, and erect and maintain in said dams an apron or lock of such construction as to render the passage of boats, rafts, and arks safe and easy at all times, and shall at all times suffer such crafts, logs, or timber as is common on said river to pass and repass free of hindrance or toll of any kind: And provided further, That nothing herein contained shall be so construed as to effect the rights of individuals, and that it shall be lawful for the legislature, at any time, to alter, modify or repeal this act.

CHAP. 169.

AN ACT to vest certain powers in the Freeholders and Inhabitants of the Village of Vernon, in the County of Oneida.

Passed April 6, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the district of country situated in the town of Vernon, in the county of Oneida, contained within the following bounds, viz: Beginning at the southeast corner of Van Boundaries. Eps patent, and running thence northerly along the east line of said patent to Beaver Meadow creek, thence down the centre of said creek to the Schenandoa creek, thence down the centre of said last mentioned creek to the east line of Josiah Pattin's land, thence along the east line of Josiah Pattin's land to the south line of Van Eps pa tent, thence along the south line of Van Eps patent to the place of beginning, shall hereafter be known and distinguished by the name of the village of Vernon; and the freeholders and inhabitants residing Name. within the same, qualified to vote at town meetings, may, on the third Tuesday of May next, meet at the house of Jabez Buswell within said village, public notice of said meeting having been given at least one week previous thereto, by any one or more of the justices of the peace residing in said village of Vernon, such notices to be in writing, and posted in three public places in said village, and then and there proced to elect five freeholders of said village to be trustees Five trustee's thereof, and that the said justice or justices shall preside at such to be elected. meeting, and declare the several persons having a majority of votes duly chosen as trustees, and on every third Tuesday of May thereafter, there shall in' like manner be a new election of trustees for said village, and the trustees for the time being shall preside at such election, and shall in like manner give notice of the time and place of holding the same.

name and

2. And be it further enacted, That the freeholders and inhabit- Corporate ants aforesaid are hereby constituted and declared to be a body poli- general pow. tic and corporate, by the name of "the trustees of the village of ers. Vernon," and by that name they and their successors may have perpetual succession, and be persons in law capable of suing and being sued, and of defending and being defended in all courts of justice, and

in all actions, causes and complaints whatsoever, and may have a common seal, and may alter the same at pleasure, and shall be in Jaw capable of holding, purchasing and conveying any estate real or personal, for the public use of said village, and of erecting any public buildings, aqueducts, and digging any reservoirs for water for the use of said village, and keeping in repair such buildings, aqueducts and reservoirs, of purchasing and keeping in repair fire engines, ladders, buckets, and other instruments for extinguishing fire, of making a reasonable compensation to the officers of the corporation, of making any necessary repairs or improvements in said village, of preventing and removing any nuisances, and of raising money by tax for the above purpose, which money so to be raised shall be assessed upon the inhabitants and property of the said village, in proportion to the relative value of property therein to be assessed, by three judicious assessors, to be chosen from amongst the freeholders of said village, at the regular annual meeting of said village, and collected by a collector to be appointed by the trustees aforesaid, for the time being, or a majority of them, 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 taxes shall be levied or monies assessed, raised or collected, for the purposes aforesaid, nor any purchases or sales of real or personal estate be made, nor public buildings erected or disposed of, without the consent of the freeholders and inhabitants aforesaid, or a major part of them, who shall attend at a public meeting duly notified by the Proviso as to trustees as aforesaid: And provided further, That every assessment assessments. made for the raising, levelling, paving, or repairing any streets, al

Proviso,

Appeal.

By laws.

feys or highways, shall be assessed on and collected from the lots and ground next adjacent to such street, alley or highway, in proportion to their relative value and advantages to be derived from such iniprovement; that it shall be lawful for the freeholders and inhabitants of said village, as often as they shall vote to raise any sum or sums of money for any of the purposes aforesaid, to specify as far as is convenient, the particular purpose for which said sum or sums, or any part thereof, shall be appropriated, that the assessors may have regard thereto in assessing the same upon the respective freeholders, inhabitants and property, of said village: Provided nevertheless, That if any person shall conceive himself or herself aggrieved by any such assessment, it shall be lawful for such person to appeal from the said assessors to the trustees of the said village, in ten days after such assessment shall be made, and public notice thereof given, giving notice to the said assessors, or any one of them, and to the said trustees, or a majority of them, of such appeal, and of the time of day and place in the village of presenting such appeal to the said trustees, who shall then and there hear the same, and do justice in the premi

ses.

3. And be it further enacted, That it shall be lawful for the trustees of said village, or the major part of them, and their successors, to make, ordain, constitute and publish such prudential by-laws, rules and regulations as they from time to time may deem meet and proper, and such particularly as relate to the streets, alleys and highways of the said village, and draining, filling up, repairing, keeping in order and improving the same, relative to slaughtering houses, and nuisances generally, relative to restraining geese, swine or cattle

of any kind, relative to the inspection of weights and measures, relative to the keeping and regulating hay-scales, and relative to any thing whatsoever that may concern the public and good government of said village; but no such by-laws shall extend to the regulating or fixing the prices of any commodities or articles of provision offered for sale: Provided also, That such by-laws be not contrary to or Proviso inconsistent with the laws of this state nor of the United States; and it shall also be lawful for said trustees, or the majority of them, to require the householders and occupants of buildings in said village, under suitable penalties, to furnish themselves with fire-buckets and other necessary utensils for extinguishing fires, and also keep their fire places and chimnies clean and in good repair.

cuted.

4. And be it further enacted, That the said trustees, or a major Penalties. part of them, as often as they shall make, ordain and publish any by-laws for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines, penalties and forfeitures, against the offenders of such by-laws, as they may think proper, never exceeding twenty-five dollars for any one offence, to be prosecuted before How proseany justice of the peace of the said county by the trustees, to and for the use of said village; and in all cases it shall be deemed sufficient for said trustees, in any suit or action to be brought for any such fines, penalties or forfeitures, to declare generally that the defendant or defendants are indebted generally to the trustees of the village of Vernon, in the amount of such fine, penalty or forfeiture, 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; and Inhabitants the freeholders and inhabitants of said village shall be deemed and competent are hereby declared competent to give testimony in any cause wherein the said trustees are a party, notwithstanding any remote interest they may have as members of said corporation.

witnesses.

and treasurer

5. And be it further enacted, That the freeholders and inhab- Assessors itants qualified to vote as aforesaid, shall in every year, at the annual meeting, and they are hereby authorised to choose by a major vote, three judicious freeholders, inhabitants of said village, as assessors, and one treasurer.

and clerk.

6. And be it further enacted, That it shall be the duty of the Collector trustees, or a majority of them, and they are hereby authorised to appoint, under the hand of the president and seal of the village, one collector and one clerk; and it shall be the duty of the clerk to keep a faithful record of all the doings of the freeholders and inhabitants of said village, at their annual and other legal meetings, in a book to be provided by the trustees for that purpose.

take an oath.

7. And be it further enacted, That the trustees, assessors and Officers to treasurer so to be chosen as aforesaid, and the collector and clerk so to be by the trustees appointed as aforesaid, shall, within ten days after each election and appointment, and before they proceed to the exercise of their several offices, severally take and subscribe an oath or affirmation before a justice of the peace of the said village or county, for the faithful performance and execution of the trust or office to which they may be severally chosen, elected or appointed.

and his duty,

8. And be it further enacted, That the trustees, within ten days President after their election in every year, or the major part of them, shall, how elected and it is hereby made their duty to assemble in said village, and to choose and appoint some suitable person of their body to be presi

Trustees to

of expenses.

dent of 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 shall think proper, to receive complaints of the breach of any of the by-laws, to see that the by-laws, rules and ordinances are faithfully executed and observed, and to prosecute in the name of the trustees all offenders against such by-laws, and to see that the public property belonging to said village be suitably taken care of and kept in order, and to do such other acts and things as may be proper for him, as president of the board of trustees; and in case of the death or disability of such president, the said trustees shall choose out of their body a successor, in manner as above mentioned.

9. And be it further enacted, That the trustees shall keep a keep account just and accurate account of their necessary expenses and disbursements, at all reasonable times open to inspection of the inhabitants of said village, and on exhibiting the same to the treasurer, shall be entitled to receive the amount thereof out of any money in the treasury; and that the treasurer, assessors, collector and clerk, shall be paid for their services such suitable compensation as the said trustees, or a majority of them, by a by-law of the corporation shall provide, and that the said trustees shall receive for their services such reasonable compensation as the inhabitants of said village, at their annual meetings, shall think proper to grant and allow.

Duty of col lector.

Trustees how long to continue.

Fire compa

Dy.

10. And be it further enacted, That the collector shall within such time as shall be hereafter specified by the by-laws of said corporation, next after the receipt of his warrant for the collection of any tax that may have been ordered to be raised, collect and pay over the same to the treasurer; and all monies at any time in the hands of the treasurer shall be liable to be drawn out by the trustees, or a major part of them, and applied and disposed of, as shall have been directed by the inhabitants of said village.

11. And be it further enacted, That the trustees to be elected by virtue of this act, shall continue in office until the third Tuesday in May next following after their election, and until new trustees shall be chosen and qualified; that the assessors, treasurer, collector and clerk, to be chosen and appointed, shall hold their respective offices one year from the time of their election or appointment, and until others are chosen and appointed in their stead.

12. And be it further enacted, That it shall and may be lawful for the said trustees, or a major part of them, to raise within said village, a fire company of persons being residents in said village, and willing to serve in such company, and to make such by-laws, rules and regulations relative to the government, conduct, duty and behaviour of said firemen, as shall to them appear necessary and proper, and twenty of said firemen, being those who shall be designated by said trustees, shall be at all times, while they are attached to said company, exempt from ordinary military duty, and from serving as jurors; and also the said trustees, or a major part of them, shall have authority to divide said village into wards, and to appoint therein one or more fire wardens, with such powers and subject to such duties relative to guarding against and extinguishing fires, as the said trustees, or a major part of them, shall assign to such wardens.

and clerk to

13. And be it further enacted, That the treasurer hereafter to Treasurer be elected, and the clerk to be appointed, shall, before they enter give bail. upon the duties of their respective offices, give security for the faithful performance of the trust reposed in them, as the major part of the trustees for the time being shall deem sufficient.

estate.

14. And be it further enacted, That the person in possession Tax on real of any real estate in the village of Vernon, at the time any tax is assessed, shall be liable to pay the amount assessed thereon, and in case such person is not bound by contract or otherwise, to pay such tax or any part thereof, he or she shall and may recover the same from the owner of such real estate, or other person whose duty it was to have paid the same, and all taxes upon any real estate in said village shall be a lien thereon.

to licenses:

15. And be it further enacted, That it shall be lawful for the Trustees trustees of said village, to regulate the number and determine the their duty as qualifications of persons to be licensed to keep taverns within the same, and the commissioners of excise of the town of Vernon, are hereby inhibited from granting any license to any person to keep a tavern within said village, without such person first having had and obtained a certificate from said trustees of his fitness to receive such license; and it shall and may be lawful for said trustees, by writing under the seal of the corporation, to grant license to so many persons as they shall think proper, to keep groceries, victualling-houses, oyster-houses, or other shops or houses, where spirituous liquors are intended to be sold, to be drank in such groceries, victualling-houses, oyster-houses, or other houses or shops as aforesaid, and to retail spirituous liquors to be drank therein, and to receive for each license such sum as they shall think proper, from five to fifty dollars, for each license, and on granting such license, to require such person to enter into a bond with surety to the trustees of said village, in the sum of one hundred dollars, conditioned that such person will not, during the time he shall sell spirituous liquors as aforesaid, keep a disorderly house, or shop, or suffer any gaming or raffling, or playing with cards or dice, or keep a gaming table within such grocery or shop; and in case such person shall during the time for which such license was granted, be convicted of any offence contrary to the condition of such bond, it shall be lawful for said trustees to revoke such license, and on notice thereof, it shall not be lawful for such person any longer to sell any spirituous liquors, in manner aforesaid, by virtue of such license: Provided, The money receiv- Proviso: ed for said licenses shall be paid to the overseers of the poor of the town of Vernon.

non accep.

16. And be it further enacted, That if any of the inhabitants of Penalty on said village, qualified as aforesaid, shall be chosen a trustee, and trustee for having notice of his election, shall refuse or neglect to take upon tance. him the said office, it shall be lawful for the trustees who do accept said office, to impose a fine upon any person so neglecting or refusing, not exceeding twenty-five dollars, to be recovered as other fines and penalties are to be recovered by this act, and to the use of the said village.

17. And be it further enacted, That this act be and is hereby declared to be a public act, and shall be construed benignly and favourably for every beneficial purpose herein intended, and that the legislature may at any time alter, modify, or repeal the same.

Public act.