and one collector, each of whom shall be a freeholder of said village, or an inhabitant renting a tenement in said village, of the yearly value of fifty dollars, and the person having the greatest number of votes for each office respectively, shall be deemed duly chosen; and in case a vacancy shall happen in either of the above offices by death, removal from the village or refusal to serve, the trustees shall have the power of appointing some other person qualified as aforesaid, 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 elected at the annual meeting.

7. And be it further enacted, That the trustees, treasurer and collector, shall, before they proceed to execute their trusts, and within ten days after their election, respectively take and subscribe an oath or affirmation before some justice of the peace of the county of Chautauque, for the faithful discharge of the several duties devolving on them by this act: Provided nevertheless, That the said treasurer and collector, before they take their oath or affirmation aforesaid, shall respectively give security to the trustees of said village for the faithful performance of their duty, in such sum as a majority of them shall deem sufficient.

Oath.

Proviso.

8. And be it further enacted, That the trustees of said village Fire warshall by virtue of their office, execute the trust of fire-wardens, and dens. they or a majority of them shall have power to appoint any number of firemen willing to accept, not exceeding twenty-five, out of the inhabitants of the said village, and the same or any of them to remove at pleasure, and to appoint others in their stead, to regulate the time of meeting and exercise of the said company of firemen, to appoint their captain and other officers, and to make such rules and regulations for the government of said company, and to ordain and establish such penalties for the violation of such rules and regulations as they may deem expedient: Provided, That no Proviso. fine or penalty shall be inflicted on any fireman, for any one such offence, exceeding five dollars, and that the trustees shall have the power of remitting such fine or penalty, whenever a majority of them shall deem it proper; and the said firemen while in office shall be exempt from military duty, except in case of invasion or other imminent danger.

9. And be it further enacted, That the trustees, or a major part President of them, shall, and it is hereby made their duty, to assemble within and clerk. ten days after their election at some convenient place in said village, and there to choose and appoint some one suitable person out 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 president to preside at the meetings of the board of trustees, to order extraordinary meetings of that board, whenever he may deem it necessary for the interests of said village; to see that all laws and regulations for its government are duly executed, to prosecute in the name of the trustees, all offences against or violation of the by-laws ordained and established as aforesaid; to keep the seal of said village, and to affix it, together with his signature, to all such rules and regulations as shall from time to time be passed by the board of trustees, or a majority of them; to take care of and preserve all the public property belonging to the village; to preside over all public meetings of the inhabitants of

Collector.

Accounts,

Fines.

To be paid to the trea

surer.

the village, and to do all other things proper for the president of the village to do; and in case of the death, removal from the village, or inability to act of the president, it shall be the duty of the clerk to notify the other trustees of the fact, who shall within ten days thereafter meet and elect another person from their body to be president, until the next annual meeting for the election of trustees; and it shall be the duty of the clerk to keep the minutes of all such votes, orders, rules and regulations, as are made by the freeholders and inhabitants at their public meetings, and to record all the by-laws, rules and regulations made by them; and also to attend the meetings of the trustees, and record all rules and regulations made by them; and the trustees, or a majority of them, shall have power to remove such clerk, and appoint another, and to appoint one pro tempore in the absence of the clerk; 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.

10. And be it further enacted, That it shall be lawful for the board of trustees, after making their assessments as prescribed by this act, to issue their warrant, directed to the collector of the village, who upon the receipt of the said warrant, signed by the trustees, or a majority of them, shall proceed to collect within such time as shall be designated by the by-laws of the corporation, such tax so to be collected, and to pay over the same to the treasurer; and that such collector shall have and exercise the same power in collecting said taxes by distress and sale, as the several collectors of towns have in the levying and collection 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, on an order signed by a majority of them, and to which shall be affixed the seal of the corporation.

11. And be it further enacted, That the said trustees shall keep an account of their necessary disbursements, and on exhibiting the same to the treasurer, duly authenticated by the signature of their president, and the seal of the corporation, 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 shall at their annual meeting determine.

12. And be it further enacted, That if any one of the inhabitants of said village, qualified as aforesaid, shall be elected or chosen trustee, collector or treasurer, and shall neglect to serve as such, it shall be lawful for the trustees who do accept and serve, or the majority of them, to impose upon such person so neglecting or refusing, a fine not exceeding ten dollars for any one offence, and that every fine or penalty imposed agreeable to the provisions of this act, may be sued for and recovered in the name of the trustees, in an action of debt, in which it shall be deemed sufficient for the trustees to declare generally, that the defendant is indebted to them by virtue of this act.

13. And be it further enacted, That all fines, penalties and forfeitures, and all monies obtained in any manner whatsoever, 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 having so received any money by virtue of this act, to

and for the use and benefit of said village, and shall refuse or neglect to pay the same to him, to prosecute every such offender in the name of the trustees, for monies had and received to and for the use of said village; and the treasurer shall annually at the time and place of holding the village elections, exhibit an account of all monies received into or paid out of the treasury during the preceding year, specifying the several objects and purposes to which the same shall have been applied.

office.

14. 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 Tuesday in June 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 have taken and subscribed the oath or affirmation, and given the security required by

this act.

15. And be it further enacted, That it shall be duty of the Notice of trustees to give notice to the inhabitants, of all public meetings, at meetings. least one week previous thereto; in which notice the principal objects of the meeting shall be set forth, and the same shall be put up in at least three of the most public places in the village; and the trustees may call a meeting of the inhabitants whenever they may deem it expedient: Provided, That ten days notice shall be given of the annual meeting for the choice of trustees.

16. And be it further enacted, That it shall be lawful for the Fire bucktrustees to direct and require the inhabitants or owners of dwelling- ets. houses and other buildings within the limits aforesaid, to provide themselves with such and so many fire-buckets, to be ready in such houses and other buildings, for the purposes of extinguishing fires, as they shall think proper.

17. And be it further enacted, That any justice of the peace of Jurors said county of Chautauque, residing in said village of Jamestown, and any freeholder and inhabitant of said village, shall be and hereby are declared competent, respectively to try or 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.

18. And be it further enacted, That this act be and it is hereby Public act. declared to be a public act, and that the same be construed infall courts and places beningly and favourably for every beneficial purpose therein mentioned; and that it shall be lawful for the legislature at any time to repeal or amend this act.

CHAP. 58.

AN ACT to incorporate the Buffalo Hydraulic Association.

Passed March 8, 1827.

1. BE it enacted by the People of the State of New-York, repre- Corporation sented in Senate and Assembly, That John G. Camp, Reuben B. created. Heacock and Frederick B. Merrill, and such other persons as now are or hereafter may become interested in the association, formed

Name.

Proviso.

Directors.

May enter on lands,

May contract with Seneca Indians.

Proviso.

Penalties.

for supplying the village of Buffalo with water, and producing hydraulic privileges for manufacturing purposes in said village by dams, dikes, and raiseways, shall be and hereby are created a body politic and corporate, in fact and in name, by the name of the "Buffalo Hydraulic association," for the purposes aforesaid, and for no other pupose whatsoever, and by that name shall be capable in law, of suing and being sued, pleading and being impleaded, in any court whatsoever, to have a common seal, and to change and alter the same at pleasure, to purchase, take, hold, and convey any estate real or personal: Provided, Such real estate be necessary to effect the object of the incorporation.

2. And be it further enacted, That it shall be lawful for any three of the persons to be associated, or such others as with them shall associate, to convene the said members of said corporation, at some proper and convenient place in the said village, first giving six days previous notice in writing, of the time and place, to be put up in two of the most public places in said village, and such of the members of the said association, being at least a majority of the whole number thereof, as shall so convene, shall and are hereby authorised by a vote of the majority present, to elect five directors for said corporation, who shall hold their offices for one year, and until others are chosen, which directors shall have power to appoint such agents as they shall deem necessary, and to make and ordain all necessary by-laws, rules, and regulations for the superintendence and management of said corporation, and for the equal assessment and collection of taxes among the members thereof, in proportion to their respective interest, and to impose penalties for the violation of such by-laws, and to institute such suits in the name of the corporation for the recovery of any penalty, or sums of money, which may accrue to said corporation, imposed as afore

said.

3. And be it further enacted, That it shall be lawful for the said corporation, or their authorised agent or agents, to enter into and upon, and to take any lands or tenements through which it may be necessary to conduct the said water, for the purposes aforesaid, after having paid the owners and possessors of said lands and tenements such damages as may be agreed upon between the parties. 4. And be it further enacted, That it shall be lawful for such corporation, or their authorised agent or agents, to contract and agree with the Seneca tribe of Indians on the Buffalo reservation, under the superintendence and advice of the agent of the said Indians, to enter into and upon the Buffalo reservation, and take the waters of the Buffalo creek, for the purpose of supplying said village with water, and also to use the same for hydraulic machinery, and also to make use of any lands that may be necessary for conducting the said water for the purposes aforesaid: Provided, That nothing in this section contained shall be so construed as to affect the rights of persons owning the right of pre-emption to said Buf fale reservation.

5. And be it further enacted, That if any person or persons shall wilfully do or cause to be done any act or acts whatsoever, whereby the works of the said corporation, or any dams, dikes, embankments, fences, or any engine, machine or device whatsoevshall become impaired, weakened, injured or destroyed, the per

er,

son or persons so offending, shall forfeit and pay the said corporation, double the amount of damages sustained by means of such offence or injury, to be recovered in the name of the said corporation, with costs of suit, by action of debt, to be brought in any court of record in this state, which action shall be considered as transitory in its nature, and shall and may be tried in any county in this

state.

6. And be it further enacted, That the capital stock of said Stockcompany shall be twenty-five thousand dollars, with liberty to increase it to fifty thousand dollars, to be divided into shares of one hundred dollars each, which shall be deemed personal property, and transferable in such manner as the said corporation shall by by-laws direct.

7. And be it further enacted, That such part of the said waters sale of as may be used by said corporation, in supplying the village of water, Buffalo with water, shall be used and sold by said corporation, under such prudential rules and regulations as the trustees of said village may prescribe.

Responsibil

8. And be it further enacted, That the stockholders of said corporation shall be holden jointly and severally, to the nominal ity. amount of their stock, for the payment of all debts contracted by the said corporation, or by their agents; and any personor persons having any demand against the said corporation, may sue any stockholder or stockholders in any court having cognizance thereof, and recover the same, with costs: Provided, That no stockholder shall be obliged to pay more in the whole, than the amount of the stock he may hold in the said company at the time the debt accrued.

9. And be it further enacted, That this act shall be deemed a Public act. public act, and shall be beningly and favourably construed for the purposes therein expressed and declared, in all courts and places

whatsoever.

10. And be it further enacted, That the legislature may at any fu- Power to reture time alter, modify or repeal this act.

CHAP. 59.

AN ACT to divide the Town of Nunda, in the County of Allegany, into three Towns.

Passed March 8, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passing of this act, all that part of the town of Nunda, east of the Cottinger tract, and north of lots number thirty-six, thirty-five, thirty-four, thirtythree, thirty-two and thirty-one, on the Norton tract, shall be a separate town by the name of Nunda, and the first town meeting shall be held at the house of James M. Heath in said town, on the first Tuesday of April next.

peal.

2. And be it further enacted, That all that part of the town of Portage. Nunda, on the Cottinger tract, north of lots number one hundred and ten, two hundred and thirty-six, two hundred and thirty-seven, two hundred and thirty-eight, two hundred and thirty-nine, two