Powers.

Proviso.

Wards.

by that name they and their successors forever hereafter shall and may have perpetual succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering. and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever, and of what kind and nature soever; and that they and their successors may have a common seal, & may change and alter the same at their pleasure; and also, that they and their successors, by the name of the trustees of the village of Utica, shall be ' in law capable of purchasing, holding and conveying any estate, real or personal, for the public use of the said corporation; and that the said trustees and their successors shall, by virtue of this act, become and be absolutely and completely vested with, possess and enjoy, all the lands, tenements, hereditaments, property, rights, causes of action, privileges, immunities and estate whatsoever, both in law and equity, in possession, reversion or remainder, which at the time of passing this act are vested in or belong to the present trustees of the village of Utica: Provided, that nothing in this act contained shall affect any suit or suits now pending in the name of the present trustees of the village of Utica.

II. And be it further enacted, That the said village shall be divided into three wards, in manner following, to wit: all that part of the said village contained within the following bounds, to wit: beginning in the northerly line of said village, where the centre or middle of Genesee-street extended would strike the said northerly bounds, running thence through the centre or middle of Genesee-street to the centre or middle of John-street; thence along the centre or middle of John-street, to the centre or middle of Broad-street; thence easterly through the centre or middle of Broad-street, to the centre or middle of First-street; thence southerly on a direct line through the centre or middle of First-street to the southerly line of the said village; thence easterly along the southerly bounds of said village, to the easterly line of said village; thence northerly along the said easterly line of said village to the northerly line of the said village; thence along the northerly bounds of the said village to the place of beginning,shall constitute one ward, and shall be denominated the first ward: and all that part of the said village, contained within the following bounds, to wit: beginning in the northerly line of said village where the centre or middle of Genesee-street extended would strike the said northerly bounds; thence southerly along the westerly line of first ward to the southerly bounds of said village; thence westerly along the southerly bounds of said village to the centre or middle of Genesee-street; thence northerly through the centre or middle of Genesee street to the centre or middle of Hotel-street; thence through the centre or middle of Hotel-street to Whitesborough-street; thence across Whitesborough-street to the southeasterly corner of the York house; thence along the easterly side of said York-bonse in a direct Jine to the northerly bounds of the said village; thence along the northerly bounds of said village to the place of beginning, shall constitute one ward, and be denominated the second ward: and all that part of the said village, contained within the following bounds, to wit: beginning at the northwest corner of the second ward, running thence southerly along the westerly line of said second ward to the

southerly bounds of said village; thence westerly along the southerly bounds of said village to the westerly bounds of said village; thence northerly along the westerly bounds of said village to the northerly bounds of the said village; thence easterly along the northerly bounds of the said village to the place of beginning, shall constitute ove ward, and be denominated the third ward.

III. And be it further enacted, That there be, and forever hereafter there shall be, in and for the said village, one president, six trustees, one clerk, one treasurer, one supervisor, one collector, three assessors and two constables.

Officers.

how appoint

IV. And be it further enacted, That the person administering the government of this state, by and with the advice and consent of President, the council of appointment, shall annually, during the session of the ed. legislature, or at such time as the said council shall be assembled, next before the first day of May in every year, nominate and appoint, out of the inhabitants of the said village, one fit and discreet freeholder to be trustee of said village, who shall be president of the board of trustees of said village, which said president shall be exofficio a justice of the peace, and have, possess and exercise, within the limits of the said village, the same power and authority as are by law vested in a justice of the peace, in and for the county of Oneida, and shall continue in his said office for the term of one year from his said appointment, and until some other person shall be appointed and sworn in his stead.

Elections,

ed.

V. And be it further enacted, That all elections for trustees, su- how conduct pervisor, assessors and constables, held in any of the wards of said village, shall be by ballot, and the election for trustees and assessors shall be conducted as follows: every person qualified to vote at any such election, who shall offer himself to vote, shall, at such election, openly deliver his ballot to one of the officers holding the said election, which ballot shall be a paper ticket, containing the names of two persons for trustees, and the name of a person for assessor of the ward in which such elector shall reside, or such or so many of them respectively, as he shall think proper to vote for, designating who are voted for as trustees and who for assessor, and for whom the said elector shall think proper to vote; and the said paper ticket shall be so folded or closed as to conceal the writing thereon, and on the receipt of every such ballot, the officers holding such election shall, without suffering the same to be opened or inspected, cause the same to be put into a box to be provided by the board of trustees of Polls. said village for that purpose: And further, that the poll of such election shall be opened at ten o'clock in the forenoon, and shall continue open until three o'clock in the afternoon of the same day, and no longer; and that the name of each elector, voting at such election, shall be written in the poll lists to be kept at such election by the officers holding the same; and that after finally closing the poll of any such election, the officers holding the same in any of the said wards, shall proceed without delay publicly, first to count the said ballots unopened; and if the number of ballots, so counted, shall exceed the number of electors contained in the poll lists, the officers holding such election shall draw out and destroy, unopened, so many of the ballots as shall amount to the excess; aud if two or more ballots are found rolled or folded up together, they shall not be estimat.

Elections, when held.

Electors to

znake oath,

if required.

Form.

ed; and thereupon the officers holding such election shall immediately proceed openly and publicly to canvass and estimate the votes given at such election, and shall complete the said canvass and estiinate on the same day, and shall thereupon certify and declare the number of votes given for each person for each respective office, and shall file such certificate in the office of the clerk of the said village on the same day; and the persons having the greatest number of votes for each of said offices, in each ward, shall be declared to be duly elected to such offices respectively; and the assessors, so elected, shall possess the powers and perform the duties of assessors of any town in this state.

VI. And be it further enacted, That an election shall be held in each of the wards of the said village, on the second Monday of May, in each year, forever hereafter, at such place as the board of trustees of said village shall appoint, and of which place public notice shall be given in writing, in at least three public places in said ward, by the inspectors thereof, at which election two trustees and one assessor shall be annually chosen in each of the said wards respectively; of which election the trustees in each ward respectively, for the time being, or such other person or persons as the board of trustees of the village shall for that purpose appoint, shall be inspectors, excepting that the first election in the several wards of the said village, on the second Monday in May next, shall be held in such place, in each of the said wards, and under the direction of such persons as the present trustees of the said village of Utica may for that purpose appoint as inspectors of such election, and as proper places for holding such first election; and every person offering to vote at any such election shall, at the time of offering his vote, be an actual resident of the ward in which the same is offered, and shall, if required by any person qualified to vote thereat, before he is permitted to vote, take one of the following oaths, viz.

166 I

do solemnly swear and declare, (or affirm, as the case may be,) that I am a citizen of the United States, and of the age of twenty-one years, and have resided within this village for six months last past, and paid taxes within the same, and now actually reside within the - ward of this village, and have not been before

polled at this election."-Or,

"I

" I do solemnly swear and declare, (or affirm, as the case may be,) that I am a citizen of the United States, and of the age of twenty-one years, and have resided within this village for six months last past, and that I am possessed of a freehold within the said village, and now actually reside within the ward of this village, and have not been before polled at this election."— Or, do solemnly swear and declare, (or affirm, as the case may be,) that I am a citizen of the United States, of the age of twenty one years, and have resided within this village for six mouths last past, and have rented a tenement, of the yearly value of five dollars, for the term of one year, within the said village, next immediately preceding this election, and now actually reside within the ward of this village, and have not been before polled at this

election."

And upon taking such oath he shall be forthwith permitted to vote; and if any person shall knowingly swear falsely in the premises, he

shall be deemed guilty of wilful and corrupt perjury, and punished accordingly before any court having cognizance thereof.

how chosen

VII. And be it further enacted, That on the second Monday in Supervisor & May aforesaid, in every year hereafter, the inhabitants of the re- constables, spective wards in said village, qualified as herein before mentioned, when assembled for the purpose of electing the officers herein before mentioned, shall, by ballot, elect and choose one supervisor and two' constables for said village, for the year then ensuing; and the ballot shall be a paper ticket, containing the name of one person for supervisor and the names of two persons for constables, or such of them as such elector shall vote for, designating in said ticket who is voted for for supervisor and who for constables; and the said paper ticket shall be so folded or closed as to conceal the writing thereon, and shall be delivered to one of the officers holding such election, who, without suffering the same to be opened or inspected, shall put the same into a box, to be provided by the said board of trustees for that purpose, and different from the box in which the ballots for trustees and assessor shall be put, and a poll list shall be kept of the persons voting for supervisor and constables, by the officers holding such election; and after closing the poll of any such election, and on the same day, the officers holding such election shall lock the poll lists in the box containing such ballots, and shall seal the said box in such manner that no ballots can be taken out or put into said box without breaking such seal, and on the same day shall deliver said box, so sealed, and containing said ballots and poll lists, to the clerk of said village, who shall, at the then next meeting of the board of trustees of said village, deliver the box containing the said ballots to the said board of trustees, who shall then and there proceed to canvass Canvass and examine the said ballots; and the person who, upon such can. yass, is found to have the greatest number of ballots in the whole village for supervisor, shall, by said board of trustees, be then and there declared to be supervisor in and for said village, for the year ensuing; and any two persons having the greatest number of ballots in the whole village for constables, shall, by said board of trustees, be then and there declared to be constables, in and for said village, for the year ensuing: Provided that no such canvass or determina- Provise. tion by said board of trustees, shall be valid, unless at such meeting there be present at least two thirds of all the trustees of said village; and the supervisor and constables, so elected, shall possess the pow ers and perform the duties of supervisor and constables of any town in this state.

how filled

VIII. And be it further enacted, That if there shall happen any Vacancies vacancies in the officers so chosen, by death, resignation or otherwise, before an annual election shall be held, it shall be lawful for the board of trustees of said village to direct an election to be held to supply such vacancy, which election shall be held at such time and place as the said trustees shall direct, and in all respects conducted in the same manner as the said annual election, and the officers thus chosen shall hold ther offices until the next annual election.

IX. And be it further enacted, That if any freeman or inhabit- Penalty for ant of the said village shall be elected to the office of trustee, super-ce refusing of visor, assessor, constable or collector, of the said village, and having

Trustees.

notice thereof, shall, for the space of five days after such noticé, refuse or neglect to take upon himself such office, he shall, by such neglect or refusal, forfeit the sum of twenty-five dollars, to be recovered in the name of the treasurer of the said village for the use thereof, in an action of debt, with costs, to be taxed in any court having cognizance of actions to that amount.

X. And be it further enacted, That the said trustees, or a majority of them, assembled on village business, shall constitute the board of trustees; and the said board of trustees shall be summoned and held at such times and places, in said village, as the president, or in his absence or sickness, any two trustees of said village shall appoint : and the president shall preside at the meetings of the board of trustees; and if he be absent, one of the trustees may be appointed by the members present, as chairman pro hac vice: and the said board of trustees shall annually meet at some place in said village, on the May appoint third Monday of May, in each year forever, and by plurality of votes, appoint one clerk, one treasurer, one or more collectors, and overseers of the poor, and one or more pound-masters, and fence viewers, porters, carriers, carters, truckmen, packers, beadles, bellmen, common criers, scavengers, measurers, surveyors and guagers, or such of them as they shall think proper; and the clerk, collectors, overseers of the poor, fence viewers, and pound-masters, so appointed, shall severally possess the powers of clerk, collectors, overseers of the poor, pound-masters and fence viewers, of any town in this state, subject to any regulations concerning them to be made by the board of trustees, in their discretion.

clerk, &c.

XI. And be it further enacted, That the present firemen of the Present fire- present village of Utica, shall be and are hereby declared firemen of the said village, subject however, to be removed by the said board of trustees, in like manner as other firemen of the said village.

men.

Licences.

Gracers, &c. regulated.

XII. And be it further enacted. That it shall be lawful for the president of said village, by and with the advice and consent of the board of trustees of said village, to grant permits for retailing spirituous liquors under five gallons, and for keeping taverns in said village, at the time and under the regulations prescribed in the act, entitled "an act to lay a duty on strong liquors, and for regulating inns and taverns," and take the recognizance prescribed by the same act; and also exact and receive from the several persons to whom such permits ahall be granted, the same excise duties as are allowed and prescribed by the said recited act, to be paid over to the treasurer of the said village, and applied for the support of the poor of the said village, besides a fee of two dollars for every such permit, as a compensation for the services of said president.

XIII. And be it further enacted, That it shall and may be lawful for the board of trustees of said village of Utica, to pass all such ordinances as they shall judge proper, for regulating petty grocers, keepers of ordinaries or victualling-houses, or houses where fruit, oysters, clams, liquor or meat shall be sold, in order to be eaten or drank at such houses, within the said village, and for exacting a recognizance from every such grocer, or other person or persons as aforesaid, in such a penalty, and with such sureties, as the board of trustees shall deem reasonable, conditioned that he, she or they, shall not permit or suffer any strong or spirituous liquors to be drank in