Subpœnas

sued.

the pains and penalties inflicted by law upon persons guilty of wilful and corrupt perjury.

7. Any justice of the peace, within this state, is hereby authorised how to be is- and empowed to issue subpoenas for witnesses to attend before the said board, pursuant to the provisions of this act, in the same manner that justices of the peace are authorised to issue subpoenas to witnesses to attend upon arbitrations, which subpœnas shall be served in the same manner, and be of the like force and effect, and subject the witnesses disobeying any such subpoena to the same penalties and liabilities as are now provided by law in cases where witnesses refuse or neglect to attend before arbitrators, pursuant to subpoenas issued by justices of the peace.

No compen

8. No compensation shall be allowed for serving subpoenas for sation allow the attendance of witnesses, or for any other cost and expenses of the said Daniel McInroy, in endeavouring to substantiate his claim before the said board.

ed.

CHAP. 116.

AN ACT concerning the Terms of the Court of Common Pleas and General Sessions of the Peace in the County of Putnam.

Passed March 29, 1827.

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, the June term of the court of common pleas in and for the county of Putnam, be and the same is hereby abolished; and that the terms of the court of common pleas and general sessions of the peace in and for said county, shall hereafter be held on the first Tuesdays in February and the second Tuesdays in September, in each and every year; and may continue to be held from the time of their commencement until the Saturdays next following, inclusive: Provided, That nothing herein contained shall affect any process which shall or may be returnable at the next June term of said court, but all such process shall be taken and deemed to be returnable at the September term of the said court hereby created.

CHAP. 117.

AN ACT to incorporate the Village of Palmyra, in the County of Wayne.

Passed March 29, 1827.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the tract of country contained in the following bounds, that is to say, beginning on the west line of the town of Palmyra, on the north bank of Mud creek; thence running south on said line one hundred and twenty rods, thence easterly on a line parallel with Main-street, in said village, to the east line of Isaac Howel's farm; thence north on a line par

allel with the first mentioned line to the bank of Mud creek, thence along the said north bank thereof to the place of beginning, shall hereafter be known and distinguished by the name of "the village style, &c. of Palmyra ;" and the freeholders and inhabitants who are qualiified to vote in town meetings, who may from time to time reside within the aforesaid limits, may, on the first Monday of May next, meet at such time of the day and at such place in the said village, as may be appointed by any justice or justices of the peace in the said village, and notified to the inhabitants thereof at least one week previous thereto, and then and there proceed to elect five discreet freeholders, resident within the said village, to be trustees thereof, who, when chosen, shall possess and exercise the several powers and rights herein after specified; and said justice or justices shall preside at such meeting, and shall declare the several persons having the greatest number of votes to be duly chosen trustees for the said village; and on every first Monday of May thereafter, there shall be an annual election of trustees for said village, at such place as the trustees for the time being shall notify, giving at least one weeks notice by publishing the same in the newspaper or papers in said village, or setting up written notices of the same in three places in said village; and the said trustees shall preside at such annual election.

2. And be it further enacted, That the freeholders and inha- Powers and bitants residing within the aforesaid limits, be and they are hereby privileges. ordained, 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 and style of "the trustees of the village of Palmyra ;" and by that name, they and their successors for ever shall and may have perpetual succession, and be persons in law capable of sueing and being sued, pleading and being impleaded, defending and being defended, in all courts and places whatsoever, in all manner of actions, complaints and causes whatsoever; and that they and their successors may have a common seal, and may alter the same at their pleasure, and shall be in law capable of purchasing, holding, receiving and conveying any estate, real or personal, for the use of said village: Provided, The said real estate shall be within the said village; and of erecting any public buildings for the use of said village; and of raising money by tax for erecting such public buildings, purchasing real or personal property, procuring fire engines, and other utensils for extinguishing fires, and for making a reasonable compensation to the officers of the corporation, and for making any necessary repairs or improvements in said village; which moneys so to be raised, shall be assessed upon the free holders 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 chosen by the inhabitants thereof, qualified to vote in town meetings, and collected by the collector of the incorporation to be chosen by trustees of said village annually, 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 on moneys raised, assessed or collected, for the purposes aforesaid, or any other purpose, and no sale or purchase of any real estate made, and no public buildings erected or disposed of without the consent

Proviso.

Tax

By-laws.

Fines.

of the legal voters of said village, in open meeting duly warned and notified, first given and expressed by a majority of votes then and there given: Provided also, And it is hereby made the duty of said assessors in assessing the taxes to be raised upon the inhabitants of said village for paving any street or streets, or flagging or improving the foot walks or side ways, or for any other purpose, to have regard both to the property and relative situation of each individual, so as that the said taxes may be assessed in a just and equitable manner, of and from the owners and occupants of the houses and lands in said village, in, proportion nearly as may be to the property and to the advantages which each shall be deemed to receive from the improvements to be made by said money when collected: And provided also, 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 said village, in ten days after such assessment shall be made, and public notice thereof given; giving notice to said assessors, or any one of them, of such appeal, and of the time and place of determining thereon by said trustees, who shall hear the same and do justice in the premises.

3. And be it further enacted, That it shall be lawful for the 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 may be convenient, the particular purpose for which said sum or sums of money, or any part thereof, shall be appropriated, that the assessors may have regard thereto in assessing the same upon the respective inhabitants of said village.

4. And be it further enacted, That it shall and may be lawful for the trustees of said village, or the major part of them, and for their successors in office, forever to make, ordain, constitute and publish such prudential by-laws, rules and regulations, as they from time to time shall deem meet and proper; and such in particular as may relate to public markets within said village, relative to the streets, alleys and highways therein, and draining, filling up, paving, keeping in order and improving the same; relative to slaughterhouses 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 therein, relative to restraining geese, swine, sheep, horses or cattle of any kind, relative to the inspection of weights and measures, and relative to erecting hay scales, and relative to any thing whatsoever that may concern the public and good government of said village: Provided, That such by-laws be not contrary to or inconsistent with the laws and statutes of this state, or of the United States; and it shall also be lawful for said trustees to require the householders and occupants of buildings in the said village, under suitable penalties, to furnish themselves with fire-buckets, and other necessary utensils for extinguishing fire, and also to keep their fire-places and chimneys clean and in good repair.

5. And be it further enacted, That the said trustees, or a major 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, not

exceeding twenty-five dollars for any one offence, to be prosecuted and recovered before any justice of the peace or court having cognizance thereof, by the trustees, to and for the use and benefit 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 Palmyra, 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 wherein the said trustees are a party, notwithstanding any remote interest which they may have as members of such corporation.

6. And be it further enacted, That the person in possession of any Possessors to real estate, in the village of Palmyra, at the time any tax is assessed, pay taxes. 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 or owners of such real estate, or other person or persons whose duty it was to have paid the same, and all taxes that shall or may be assessed upon any real estate in said village, shall be a lien thereon.

clerk.

7. And be it further enacted, That the inhabitants of said vil- Assessors, lage of Palmyra, qualified to vote at town meetings, at the annual treasurer and meetings in each and every year hereafter to be holden for choosing trustees, or any other meeting duly notified, shall, and they are hereby authorised to choose by a plurality of votes, not less than three nor more than five judicious freeholders and inhabitants of said village as assessors, and one treasurer, and one clerk; and it shall be the duty of 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 procured for that purpose.

ap

8. And be it further enacted, That the said trustees, asses- Oath to be sors and clerk, shall, within ten days after their election and taken. pointment, and before they proceed to the exercise of their respective offices, respectively take and subscribe an oath or affirmation before any justice of the peace in said village, or county of Wayne, that they will faithfully execute the office or trust to which they may be severally elected.

9. And be it further enacted, That the treasurer and collector Security to hereafter to be elected shall, before they enter upon the duties of be given. their respective offices, give such security for the faithful performance of the trust reposed in them, as a major part of the trustees for the time being shall deem sufficient.

be chosen.

10. And be it further enacted, That the trustees, within ten Presidentto days after their election in each and every year, or the 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 of their body to be president 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

Collectors duty.

Accounts.

Duration

of office.

Firemen.

the trustees whenever he shall think proper, to receive complaints of the breach of the 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 whose duty it shall be moreover to see that the public property belonging to said corporation, and relating to the fire-engines and utensils, 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 to do; and in case of the death or disability of such president, 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 said trustees to keep a record of their proceedings and doings, especially of the passing of their by-laws, rules and regulations.

11. 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 wariant 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.

12. And be it further enacted, That the trustees shall keep a just and accurate account of their necessary expenses and disbursements, at all reasonable times open to the 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 monies in the treasury; and that the treasurer, collector, clerk and assessors 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.

13. And be it further enacted, That the trustees 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 appertaining to their office of trustees as aforesaid, until the first Monday of May next following, after their election of trustees as aforesaid, and until a new election of trustees for said village shall be made pursuant to this act, and until the said trustees so last chosen shall take and subscribe the oath or affirmation of the office of trustees.

14. And be it further enacted, That it may be the duty of the said trustees, or a majority of them, and they are hereby authorised and empowered to appoint and elect, under the hand of the president of the board and seal of the corporation, as many fire-wardens as they or a majority of them for the time being shall think fit and proper, and a company of firemen, not exceeding twenty in number, out of the inhabitants of said village, to have the care, management, working and use of the fire-engine or engines which may belong to said village, and also the tools and implements for extinguishing fires; and the said trustees, or a major part of them, are hereby authorised to remove or displace all or any of the fire, wardens or firemen, so as aforesaid to be elected and appointed, when and as often as they shall think fit and proper, and others in their stead to nominate, elect and appoint.