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such particularly as are relative to the streets, highways, roads and alleys of the said village, and draining and filling up, paving and keeping in order and improving the same and the side-walks thereof; relative to slaughtering houses and nuisances generally; relative to the firing guns, or using fire-works of any description in said village; relative to running horses in said village; relative to restraining geese, swine, horses or cattle of any kind from running at large in said village; relative to keeping and regulating hay scales; relative to public markets; relative to taverns and groceries in said village; relative to a common pound in said village; relative to the construction and keeping in repair of fire places, chimneys, stoves and stove pipes; relative to the inspection of weights and measures; and generally relative to any thing whatsoever that may concern the safety, advantage or good government of the said village: Provided, That such by-laws be not contrary to, nor inconsistent with the laws of this state or of the United States,

5. 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 of fenders of such by-laws, as they may think proper, not exceeding twenty dollars for any one offence, to be prosecuted and recovered before any justice of the peace or court having cognizance of the How recov same, by the trustees, in the corporate name of the said corporation, ered. to and for the use of the said corporation; 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 to the trustees of the village of Pittsford, 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 the freeholders and inhabitants of said village shall be deemed and are hereby declared competent to give testimony in any cause, and the justices of the county of Monroe, residing in said village, to try any cause, and the freeholders of said village to serve as jurors, and any officer in said village to serve jury or other process in any cause wherein the said trustees are a party, notwithstanding any remote interest they may have as members of such corporation.

ed.

6. And be it further enacted, That the said trustees, or the ma- Animals may jor part of them, as often as they shall make, ordain and publish any be inpoundby-laws for restraining animals, may ordain that such animals may be seized and empounded, and after reasonable delay, may be sold at public vendue, to pay the penalties imposed for the violation of any such ordinance, together with the costs and charges.

Tax on real

paid.

7. And be it further enacted, That the person in possession of any real estate in the village of Pittsford, at the time any tax is as- estate, how sessed, shall be liable to pay the amount assessed thereon; and in case such person is not bound by contract or otherwise to pay the same, he or she may recover the same, or part thereof, in an action for money paid, laid out and expended, of and from the owner of such real estate, or such other person whose duty it was to have paid the said tax or part thereof; and all taxes upon any real estate in said village shall be a lien thereon, and shall be preferred in payment to

choosing offi

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Vacancies.

all other charges; and in the collection of all taxes whatsoever, legally assessed within the said village by virtue of this act, the collector of the village shall have the same power, and be subject, as near as may be, to the same rules and regulations as the collectors of the several towns of this state.

Meetings for 8. And be it further enacted, That at the first meeting of the said inhabitants of the village of Pittsford, on the second Tuesday of May next, and also at any annual meeting thereafter, to be held for choosing trustees, or any other meeting duly notified, it shall be lawful for the said inhabitants, and they are hereby authorised to choose, by a majority of votes, the assessors and collector before mentioned, and one constable, one treasurer, one clerk, three firewardens and one pound keeper; and it shall be the duty of the said clerk to keep a faithful record of all the doings and votes of the inhabitants of said village, at their annual and other legal meetings, in a book, by him to be provided; and in case of vacancy, by death, removal, refusal, or incapacity to serve, of any of the aforesaid officers, it shall be the duty of the said trustees, or a major part of them, by warrant under the hands and seals of the said trustees, or a majority of them, to appoint some suitable person to fill such vacancy; and the person so appointed shall be vested with the like powers, and be subject to the same restrictions, as if elected by the inhabitants of the village as aforesaid; and that in case the number of trustees in said village shall at any time be reduced below the number of five, by death, removal, inability, or refusal to serve, it shail be the duty of the remaining trustees of said village, to convene a meeting of the inhabitants of said village qualified to vote, for the purpose of filling such vacancies, and shall cause a notice of the time and place of such election to be given in the same manner as notices for the annual election are required by this act to be given; and such election shall be conducted in all respects in the same manner as is prescribed by this act for the annual election of said trustees. Oath to be 9. And be it further enacted, That the trustees, treasurer, assessors, collector, constable, fire-wardens and pound-keeper, shall within ten days after each and every election and appointment, 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 county, for the faithful execution of the trust or office to which they may be severally chosen or appointed; and that the treasurer, collector and constable hereafter to Security to be elected or appointed, shall, before they enter upon the execution of their respective offices, respectively give such 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.

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be given.

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10. And be it further enacted, That the trustees within ten days and his du after their election, in each and every year, or the major part of them, shall, and it is hereby made their duty, to choose and appoint some one suitable person of their body to be president of said board of trustees, whose duty it shall be, when present, to preside at the meetings 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 laws; to see that the by-laws, rules, regulations and ordinances are duly executed and observed; and to prosecute, in the name of the "trustees of the village of Pittsford," all offenders

Clerk:

Duty

against such by-laws; and to do 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 or disability or refusal to serve of said presi-
dent, the said trustees shall proceed to choose out of their body a
successor, in manner as above mentioned: and it is hereby made
the duty of the clerk of the village, herein before mentioned, who is here-
by ex-officio constituted clerk of the said board of trustees, to keep
a record of their doings, especially of the passing of by-laws, rules
and regulations, and that the said clerk shall, within ten days after
the passing of any such by-laws, rules and regulations, put up at
three public places in said village, a written or printed copy thereof.
11. And be it further enacted, That the collector shall, with-
in such time as shall be specified by the by-laws of said corpora- lector.
tion, 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 money in the hands of the treasu-
rer 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; and that it shall be lawful for the
said trustees to issue new warrants, or to renew those which may be
issued by them or their predecessors for the collection of any taxes
imposed by virtue of this act, from time to time, so often as such
warrants shall not be returned collected during the time prescribed
by law.

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non-accep

12. And be it further enacted, That any person who shall be Penalty for chosen or appointed to any office created by this act, and shall re- tance fuse to accept the same, or shall neglect to take the requisite oath, within the time above limited, shall forfeit and pay the sum of five dollars, to be recovered as other fines are by this act directed to be recovered.

office.

13. And be it further enacted, That the trustees, assessors, col- Duration of lector, constable, treasurer, firewardens, clerk and pound keeper, to be elected by virtue of this act, shall continue in office, and be authorised to exercise all the powers and perform all the duties in this act contained, and belonging to their offices respectively, until the second Tuesday in May next following after their election as aforesaid, and until a new election of said officers shall be made pursuant to this act, and until such officers so last chosen shall take and subscribe the oath or affirmation required of them respectively; and it shall be lawful for the said trustees, or the major part of them, whenever they shall deem it necessary, to call a special meeting of the inhabitants of the said village, and the said trustees shall notify said meeting and preside thereat in the manner prescribed in this act for the annual meeting.

trict.

14. And be it further enacted, That the said village of Pittsford, Road dis be and the same is hereby constituted a road district, subject to be subdivided by the said trustees, and that the same be exempt from the superintendence of the commissioners of highways of the town of Pittsford; and the said trustees of the village of Pittsford shall have all the powers over the said road district, and discharge all the duties which by law are given to and enjoined upon the said commissioners of highways, and subject to the like restrictions and appeals; and it is hereby declared lawful for the inhabitants of the said village, at their annual meetings as aforesaid, to choose an

Constables

keepers.

overseer of highways for each and every subdivision in said road district, as shall be laid out by said trustees; which overseers shall have all the powers, and discharge all the duties in their several districts or subdivisions, which by law are given to, or enjoined upon other overseers of highways, giving in their lists, and being accountable to said trustees, in the same manner as other overseers of highways are bound by law to do, to the town clerk and to the commissioners of highways; and in case of vacancy of overseers of highways, it shall be the duty of the said trustees, or a major part of them, to fill such vacancy in the manner prescribed in the eighth section of this act, for filling other vacancies.

15. And be it further enacted, That it shall be the duty of and pound the said trustees, or a majority of them, and they are hereby authorised and empowered to appoint, under the hands of the president and clerk of the board, and seal of the village, a company of firemen, not exceeding twenty-five in number, out of the inhabitants of said village, who, with the firewardens heretofore directed to be chosen, shall have the care, management, working and use of the fire-engine or fire-engines, which belong to the said village, and also the tools and utensils for extinguishing fires; and the said trustees, or a majority of them, are hereby authorised to remove or displace all or any of the firemen so as aforesaid to be appointed, when and as often as they shall think fit, and others in their stead to elect, nominate and appoint; and that the firemen so to be appointed, shall be free from the performance of all militia duty, except in cases of war, insurrection or rebellion.

Licenses.

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16. And be it further enacted, That the constables and poundkeepers to be chosen or appointed by virtue of this act, shall respectively be invested with the same powers and authority, entitled to the same fees and rewards, and subject to the same duties, in every respect, as by law appertain or belong respectively to the constables and pound-keepers chosen at the town meetings in the several towns in this state.

17. And be it further enacted, That it shall and may be lawful for the trustees of said village, by writing under their hands and seals, to grant license to such persons as shall apply to keep gro ceries in said village, to retail strong and spirituous liquors to be drank in his or her store or shop, and that they shall receive for such license, not less than five dollars, nor more than twenty dollars, for every such license, and that the monies so raised shall be applied by said trustees towards defraying the contingent expenses of said village: Provided, That each and every grocer shall, previous to, or at the time of receiving such license, appear before a justice of the peace of the county of Monroe, and enter into a recognizance to the people of the state of New-York, in the sum of one hundred dollars, conditioned that such person will not, during the time that such person shall sell liquors as aforesaid, keep a disorderly house or shop, or suffer or permit any cock-fighting, gaming, or playing with cards or dice, or keep a biliard table, or other gaming table, or raffling, within their said grocery.

18. And be it further enacted, That this act shall be deemed a public act, in all courts and places whatsoever.

19. And be it further enacted, That the legislature may hereafter at any time alter, modify, or repeal this act.

CHAP. 187.

AN ACT relating to the sale of Lands belonging to the State, in the Villages of East and West Oswego.

Passed April 7, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the commissioners of the land-office to make such alterations in the plans of the said villages as will, in their opinion, be for the interest of the state: Provided, That such alterations shall not prejudice the rights of the owners of such parts of said villages as have been heretofore sold.

2. And be it further enacted, That the auction sales of lots in said villages shall be at Oswego.

CHAP. 188.

AN ACT for the relief of Samuel S. Hardy.

Passed April 7, 1827.

BE it enacted by the People of the State of New-York, represented in Senute and Assembly, That the comptroller of this state be, and he hereby is authorised to pay to Samuel S. Hardy the sum of twenty-five dollars, in full satisfaction for any deficiency in the quantity of land conveyed by the people of this state to Hannah Fisher and the legal representatives of George Fisher, deceased, on lot eighty-one, in the township of Tully, pursuant to an act, entitled an act for the relief of the representatives of George Fisher, deceased," passed March 3d 1802: Provided however, That the said Samuel S. Hardy shall first produce satisfactory evidence to the comptroller that he is entitled, by the conveyances to him, to receive the said satisfaction or compensation, for the deficiency in the quantity of the lands so conveyed as aforesaid.

66

CHAP. 189.

AN ACT to establish a Ferry across the Cayuga Lake, from
Lavana, in the Town of Ledyard, to Romulus.

Passed April 7, 1827.

1. BE it enacted by the People of the State of New-York, repre- s. Griggs sented in Senate and Assembly, That it shall and may be lawful and others to for Samuel Griggs, Asa Foote and Ebenezer W. Goff, their heirs keep a ferry. and assigns, to set up and maintain a ferry across the Cayuga lake, from the village of Lavana, otherwise called Griggs' Port, in the town of Ledyard, on the east side of Cayuga lake, to some convenient place as nearly west of Lavana as conveniently may be, in the

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