QJnrnpU Slam ^riyonl fCtbrary 
 
Cornell University Library 
 KFN5752.A3 1880 
 
 3 1924 022 870 392 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924022870392 
 
GENERAL ACT ^: 
 
 FOR THE 
 
 rNCORPORATION OF VILLAGES, 
 
 iND 
 
 THE 
 
 UNION FREE SCHOOL LAV^^ 
 
 AND 
 
 THE .RULES OF PRACTICE ON APPEALS TO THE 
 DEPARTMENT OF PUBLIC INSTRUCTION. 
 
 THE ASSESSMENT AND COLLECTION OF TAXES. 
 
 A BRIEF ON THE LIABILITY OF MUNICIPAL CORPORATIONS 
 
 FOR INJURIES RESULTING FROM DEFECTIVE 
 
 STREETS AND SIDE- WALKS. 
 
 The Law as to Line Fences, Strays, Cattle Dam- 
 ages Feasant, Animals at Large in High- 
 ways, Dogs Killing Sheep, Weeds, 
 &c., IN Highways, Etc., 
 
 -TOGETHER WITH THE- 
 
 ADJUDICATIONS OF THE COURTS UNDER MAG^ 
 
 STATUTE. 
 
 
 ,j(APil^ PEEPARED BY ' ,.^f DEC 
 
 COUNSEClOB AT LAW. \"':\ IOO<i fJ' / 
 

 Entered according to Act of Congresp, in the year 1880, by 
 
 Ju tihe Clerk's Office of the District Court of the United 8t8'3S for the 
 Northern District of New York. 
 
 I no 
 
 STKACUSE, N. T.: 
 rRALICE, HITCHCOCK & WEED, PUBUSBSBB. 
 
IPI^EIP^OE. 
 
 The main object of the writer in preparing this little 
 volume, is to bring into convenient form, for use, certain 
 statutes of general application, and to which frequent 
 reference is desired, not only by the profession, but by 
 all persons whose interests they affect. 
 
 Unless I am quite mistaken, the Lawyer, and especially 
 the country practitioner, will find this a very handy 
 book. It will be no less serviceable to Village and 
 School Officers, (or persons who expect ever to be- 
 come such,) to Assessors and Collectors, Justices op 
 THE Peace, Farmers and Lot Owners in Villages and 
 Cities. 
 
 Aside from the Addenda, which contains the amend- 
 ments of 1880, the statutes given embody the Law as it 
 is — all previous amendments having been incorporated 
 into them. I may be permitted to say, that the writer's 
 experience as a practicing Lawyer, and as a Village 
 President for the last five years, has taught him the 
 convenience of such a work as this. Instead of being 
 obliged to turn throagh various and numerous books to 
 find the latest law or decision upon the subjects given, 
 
they are here presented in a nut-shell and readily- 
 accessible. 
 
 A glance at the "Table of Contents," will show any 
 one, that the subjects and statutes here presented are of 
 very frequent use ; and I doubt whether a little book 
 will be found, which is of more general utility. It is 
 presented to the profession and the public with confi- 
 dence, and yet with diffidence, lest errors or omissions 
 ma_v have inadvertently crept in ; and the writer will be 
 gretitly obliged to any person who will call his attention 
 to either. 
 
 One thing further: The reiider will observe several 
 blank leaves bound in the book, between the body of 
 the work and the Index. This is to enable the owner to 
 paste in future amendments, or cite future authorities, 
 as they shall appear from time to time. 
 
 T. K. Fuller. 
 
TABLE OF CONTENTS. 
 
 CHAPTER I. 
 
 THE GEJTEKAL ACT FOE THE INCORPORATION , OF 
 VILLAGES. 
 
 Page. 
 Title I. — Of Incorporation : Preliminary Steps, 9 
 
 Title II.— Of Village Officers, ^ - 17 
 
 Title III.— Of the Powers of Trustees, - SO 
 
 Title IV. — Of Village Expenditures, - 34 
 
 Title V. — Village President, etc., - 36 
 
 Title VI. — Of Village Assessors, - 39 
 
 Title VII. — Trustees, as Commissioners of Highways, 42 
 
 Title VIII. — Trustees, as Inspectors of Village 
 
 Elections, - - - 47 
 Article Fourth — General Statutes : Trustees, 
 
 AS Board of Water Commissioners, - 63 
 Article Fifth — General Statutes : Of the 
 
 formation of Water Works Companies, - 74 
 
6 
 CHAPTER II. 
 
 Of By-Laws and Okbinances, - - 83 
 
 CHAPTER III. 
 
 The Union Feee School Law, - - - 89 
 
 I. Title IX, of the Act relating to Public Instruc- 
 tion, ------ 89 
 
 II. Appeals to the Superintendent of Public In- 
 struction, being Title XII of the Act relating 
 
 to Public Instruction, - - ■ - 101 
 
 III. Rules of Practice on Appeals to the Depart- 
 ment of Public Instruction, - - 103 
 
 CHAPTER IV. 
 
 Assessment and Collection of Taxes, - - 106 
 
 I. Property liable to Assessment, - - 106, 
 
 II. Exemptions from Assessment, - - - 107 
 
 III. Where and how Property to be Assessed, 107 
 
 IV. Warrants: When returnable, etc., - - 108 
 
 CHAPTER V. 
 Liabilities of Municipal Coepoeations foe In- 
 
 JUEIE8 EESULTING FEOM DEFECTIVE StEEETS 
 
 AND Sidewalks, - . . - io8 
 
 I. Of Imperative Duties imposed by Statute, - 109 
 
 II. Of Ministerial and Judicial Duties, - 109 
 
 III. Duty to keep Streets in Repair, - - 110 
 
 IV. Side-walks, part of Highway, - - no 
 
 V. Effect of Contributory Negligence, - - m 
 
VI. Liability, where Third Parties obstruct Streets 
 
 wrongfully, - - . - - 113 
 
 CHAPTER VI. 
 
 Of Fences — Line Fences — Fence Viewers — 
 Strays — Cattle Damages Feasant, etc. — 
 Animals at Large in Highjwvys, etc., 
 
 I. Of Line, or Division Fences — the Statute, - 114 
 
 II. Fence Viewers — Who they are, - - 118 
 
 III. Of Strays— the Statute, - - 119 
 
 IV. Of Distraining Cattle, doing Damage — the 
 Statute, .... 121 
 
 V. Of Animals at Large in Highways — the Stat- 
 ute, - . - - - 127 
 
 VI. Of Weeds, etc., in Public Highways — the 
 Statute, 132 
 
 Adjudications of the Courts under the Fore- 
 going Statutes. 
 
 I. Division Fences. 
 
 a. Of the obligation to maintain a Division Pence, 133 
 
 b. That obligation — how enforced, - - 134 
 
 c. Of the right to let land lie open, - - 134 
 
 d. Of proceedings to remove encroaching fences, - 134 
 
 e. The effect of a defective fence, on the right to 
 
 sue the owner of trespassing cattle, etc., - 134 
 
 II. Fence Viewers : Jurisdiction and duties, - 134 
 til. Of Strays. No adjudications, - - 135 
 
 IV. Of Distraining Cattle doing damage, - . 135 
 
 V. Of Animals at large in Highways, - - 136 
 
 VI. Of Weeds in Highways. No adjudications, 137 
 
8 
 CHAPTER VII. 
 
 Dogs, Tax upon — Whejst may be Killed— Worrying 
 Sheep, Etc. 
 
 I. The Statute on, - - 137 
 
 II. Adjudications under, - 147 
 See Addenda, for Amendments and Laws of 1880. 
 
c:e3:j^..:pteio i. 
 
 THE ACT for the incorporation of Villages, passed 
 April 20, 1870"; as amended down to, and including, the 
 year 1879. 
 
 TITLE I. — Incoeporatiobt. 
 
 Section 1. [1873]. Any part of any town or towns ^^^^^ ^., 
 not in any incorporated village, containing a resident jaKemav^he 
 population of not less than three hundred persons, and ^d- 
 if it shall include in its boundaries a territory of more 
 than one square mile in extent, containing a resident 
 population of not less than three hundred persons in each 
 and every additional square mile of territory included 
 within such boundaries, may be incorporated as a village 
 under the provisions of this act, by complying therewith. 
 
 § 3. The persons desiring such village incorporation 
 shall cause an accurate survey and map and verbal des- m"a™md 
 cription, by metes and bounds, of the territory intended to of territory 
 be embraced within such village, to be made by a practi- 
 cal surveyor, showing the quantity of land in such terri- 
 tory, all to be verified by the affidavit of the surveyor 
 thereon or annexed thereto. 
 
 § 3. Such persons shall also cause an accurate census census of 
 to be taken of the resident population of such territory, g^X'taleu. 
 as it may be, on some day, not more than twelve weeks 
 previous to the time of the election upon the question of in- 
 corporation, as specified in the notice required by section 
 
10 
 
 How verifl- 
 
 Verined 
 O'lpy of 
 boundaries 
 to be kept. 
 
 Burrey, 
 map and 
 census to be 
 kept, sub- 
 ject to ex- 
 amlaation. 
 
 Notice of 
 leaving 
 sucli sur- 
 vey, etc . 
 tor ezamln- 
 atlon, bow 
 posted. 
 
 Notice of 
 holding e- 
 lection to 
 vote as to 
 Incorpora- 
 tion. 
 
 seven of title one of this act, which, census shall exhibit 
 the name of every head of a family, and the number of 
 such family, residing in such territory at the time of 
 taking the census. Such census shall be verified by the 
 affidavit of the person taking the same, written thereon 
 or annexed thereto. 
 
 § 4. A correct copy of such verbal description of such 
 boundaries shall be made and verified by the affidavit of 
 the party making the same, annexed to such copy or 
 written thereon, to be safely kept by some one of the 
 parties causing such survey to be made. 
 
 § 5. Such survey, map, verbal description of bound- 
 aries and census, completed and verified as aforesaid, 
 shall be left at the residence or place of business, within 
 such territory, of some person residing therein, and shall 
 be subject to examination at all reasonable hours, by 
 persons residing in such territory, for the period of at least 
 five weeks prior to the time of the election upon the 
 question of incorporation, as fixed or to be fixed in the 
 notice required by section seven of title one of this act. 
 
 § 6. Within three days after such survey, maps and 
 verbal description of boundaries and census shall be left 
 for examination, as provided in section five of title one of 
 this act, written or printed notices, signed by some one 
 or more of the persons causing the making of such sur- 
 vey and taking such census, shall be posted in twenty 
 public places in such territory, stating the place 
 where such survey, map, description of boundaries and 
 census are left for examination. 
 
 [The provisions of Sections 2, 3, 4, 5 and 6, of title 1, of 
 said act, shall not be deemed to apply in any case where 
 the whole of any town is proposed to be incorporated.] 
 Ch. 688, Laws of 1871. 
 
 § 7. [1871]. After the compliance with the preced- 
 ing provisions, in case of the proposed incorporation of 
 any part of a town or towns, or after h vote in favor of 
 such incorporation of the whole town, at a regular or 
 special town meeting of the voters thereof, in case of the 
 
11 
 
 proposed incorporation of the whole of sucli town as a 
 village, a notice shall be prepared, stating that between 
 the hours of ten A. M. and three P. M., on a specified day 
 in said notice, at some public place within the bounds of 
 the proposed village, designating such place, such day to 
 be at least five weeks from the time of leaving the survey, 
 map, description of boundaries and census for examina- 
 tion as hereinbefore provided, or in cases of the proposed 
 incorporation of a whole town, not less than six weeks 
 from the time of posting the notice hereinafter provided, 
 an election will be held to determine whether the propos- 
 ed territory . shall be incorporated as a village. Such S name, 
 notice shall also state the proposed name of such village, anSVopos^ 
 set out the verbal description of its bounds, and give thetureMor 
 
 first V6&r 
 
 amount proposed to be expended the first year of the in- 
 corporation for ordinary expenditures, as defined in this 
 act, and shall be signed by at least twenty of the electors, 
 resident within the bounds of said proposed village, who 
 shall be liable to be assessed for the ordinary and extra- 
 ordinary expenditures of said village. If the territorial nq'J^^'""' 
 limits of such village shall comprise parts of two or more 
 towns, then of such twenty electors there shall be at least 
 five from each of said towns who shall reside in the part 
 of the town to be taken for such village. Such notice, publication 
 so signed, shall be published in a newspaper, if there *''*"°^' 
 shall be one within the proposed bounds of said village, 
 and copies of the same shall be posted in ten public 
 places within said bounds at least thirty days before the 
 day of election specified in said notice. 
 
 § 8. At the election provided for in such notice, the l^p^^^^of . 
 supervisor and town clerk of the town, or supervisors or«^«* J»^?«« 
 town clerks of the towns, part or parts of which are taken J°™ »' «'«"- 
 for such village, or any two of such persons, shall consti- 
 tute the board of inspectors for such election, preside at 
 such election, and all the laws applicable to the election 
 of town ofiicers shall apply to such election and to all 
 the proceedings thereat, so far as the same shall be apli- now con- 
 
 •^ • . . -ii ii. ■ • £ 1.x.' ' 1. ducted. 
 
 cable and are consistent with the provisions ot this act. 
 
12 
 
 IriSr isc'ion, 
 rj llle iferl- 
 Uel cerHtl- 
 c&te of re- 
 sult witn 
 uounty 
 clerk. 
 
 tliereof 
 
 Due notiovi of the time of such election shall be given to 
 the persons herein designated as inspectors, by some one 
 o± the persons signing the notice required by sectioD 
 seTtn of title one of this act. 
 bSiOTWbe & 9- Every elector residing in such territory, and 
 ''^"'^- qualified to vote for town ofiicers in th^ town in which 
 Buch territory or some part thereof shall lie, may vote at 
 such meeting by a ballot having thereon the word ^ 'Yes" 
 or the word "No." 
 
 § 10. [1878]. Within three days after such election 
 the said board of inspectors shall make out a certificate 
 of the holding of the same, and of the canvass of the bal- 
 lots thereat, showing the whole number of such ballots, 
 the number with the word "Yes" thereon, and with the 
 word "No" thereon, with a copy of the notice of the 
 holding of such election, and an affidavit of posting or 
 publishing the same, as hereinbefore provided. Such 
 certificate shall be signed by said inspectors, or a major- 
 ity of them, audits truth verified by their affidavits an- 
 nexed thereto, and shall, within ten days after such 
 election, be filed and recorded in the county clerk's office 
 of the county within which such territory shall be, or 
 in case such territory shall be located in two or more 
 counties, then such certificate shall be filed with the 
 county clerk of each of such counties. 
 
 § 11. [1878]. Within ten days after such filing, any 
 elector qualified to vote at such election may appeal to 
 the county judge of the county in which such territory 
 shall be located, or in case such territory shall be located 
 in two or more counties, then to the county judge of 
 either of said counties, by petition, specifying the irreg- 
 ularities in, and objections to, such election. Such judge, 
 on proof by affidavit that such petition or notice of it has 
 been served on the electors signing the notice for holding 
 the election, or a majority of them, and that the person 
 appealing has deposited with the county clerk of the 
 county in which such territory is located, the sura of one 
 hundred dollars, to meet the expenses of the ajjpeal, 
 
 Appeals to 
 
 county 
 
 Judge. 
 
shall appoint a day for hearing the same, not more than Hearing 
 ten days from the day of bringing the appeal; and, onSe! 
 such day, on proof by affidavit that the electors signing 
 the election notice, or a majority of them, were notified, 
 in writing, live days before such hearing, of such hearing, 
 shall proceed to hear the same ; such judge shall have 
 power, by subpcsna, to compel the attendance of wit- o/wS?*""^ 
 nesses before him on such day, or on adjourned days. '"'''^'' 
 His decision as to the legality or illegality of such elec- Decision as 
 tion shall be rendered within thirty days from the diy cSetactioL 
 of presenting the petition of appeal to him. If such de- 
 cision be adverse to the prayer of such petition, he shall, 
 within ten days from rendering such decision, by order, 
 signed by him, direct such portions as he may deem just 
 of the one hundred -dollars deposited with the county 
 clerk, to be paid by such clerk to the persons in such 
 order named, and the balance to the person or persons 
 who deposited the same. If no such allowance is madehJw™^^'' 
 by the countj^ jid-ge within the ten days above specified, ^"°^''''- 
 then he shall direct, by order, the county clerk to return 
 such money to the person who deposited the same with 
 him. The allowance for expenses out of the sum 
 deposited must be made within ten days from the decis- 
 ion of the judge on the appeal. 
 
 § 12. [1878]. If the county judge shall decide sucho^^^er.^ 
 election to be legal, he shall file an order to that efi'ect in^oTriiea 
 the county clerk's office of the county where such terri-' 
 tory is located, or in case such territory shall be located 
 in two or more counties, with the county clerk of each 
 of such counties, within ten days from the day of mak- 
 ing such decision. 
 
 § 13. [1878]. If the county judge shall decide such county 
 election to have been illegal, he shall forthwith, on ren- j" o?der^*° 
 dering his decision, make an order and file the same in Sol '"'^"'' 
 the county clerk's office in the county in which such ter- 
 ritory shall be, or in case such territory shall be located 
 in two or more counties, with the county clerk of each 
 of such counties, directing another election to be, held to 
 determine the question of the incorporation of such ter- 
 
14 
 
 Ko.ce an. litory. The election so ordered shall be held on nonce 
 Kr^^tie- of such election signed by some one or f^'^f^^^f^^^^ 
 sons designated as inspectors of election for the previous 
 election as to incorporation, specifying the ^ours of 
 opening and closing the poUs and place of holding the 
 same, stating the proposed name of village and the 
 amount for ordinary expenditures for the first year, and 
 giving the verbal description provided for hereinbefore, 
 of the bounds of such territory; such notice to be pub- 
 lished or posted, as hereinbefore provided in relation to 
 the previous election, for at least fifteen days before the 
 
 election. , ,-, . xi, 
 
 § 14 Such second election shall be held m the man- 
 Son ner and by the persons as inspectors as hereinbefore pro- , 
 ''°"'"'"' vided for the first election, and with like powers to the , 
 inspectors, and the inspectors presiding shall make a 
 certificate of such election, such as was required at the 
 previous election, by this act, and file the same within 
 SXlef- ten days from the holding of such election as directed as 
 tiflcate. ^Q j.|j^g certificate of the previous election. 
 
 § 15. [1878]. If the majority of the ballots at the 
 
 Territory to 
 
 Temtory to s ^"-" l-^^-^j. - » » n .< ,) ;] „„ 
 
 rpTrli°<i first election shall have on them the word "yes, and no 
 ?mi^S&e appeal is taken from such election within the time here- 
 rerk?''"""^inbefore specified for that purpose, then such territory 
 shall be an incorporated village within the intent of this; 
 act, from the time of the filing of the certificate of the in- 
 if appealed spectors. If the majority of the ballots cast at such elec-i 
 &™tTtion have on them the word "yes," and an appeal is tak^ 
 SL'rSnaen and decided favorably to the legality of the election, 
 Kton!* then such territory shall be an incorporated village with- 
 in the intent of this act, from the date of the filing of 
 the certificate of the inspectors as hereinbefore provided. 
 If the decision on the appeal is adverse to the election| 
 and the second election shall result in a majority of the 
 ballots cast having thereon the word "yes," then froni 
 the date of the filing of the certificate of inspectors, as 
 Second hereinbefore required, of such second election, in the. 
 ^iwp-'"" county clerk's office of the county where the territory il 
 ^om^ located, or in case such territory shall be located in two 
 
15 
 
 or more counties, with the county clerk of each of such 
 counties, such territory shall be an incorporated village 
 within the intent of this act. No appeal is allowed from 
 such second election. 
 
 § 16. If at either of such elections a maiority of the secona 
 ballots cast shall have on them the word "no," thena^'erun- 
 such territory shall not be an incorporated village, and ^"J^j^^j^^" 
 in that case no second election can be held under this 
 act within two years from the time the first of such elec- 
 tions was held. 
 
 § 17. The inhabitants of any village incorporated un- Nameot 
 der this act shall be a corporation by the name stated in ^J^°^^' 
 the notice of the election incorporated in the certificate 
 of the inspectors who presided at the election which de- 
 cided the question of incorporation, on file in the county 
 clerk's office of the county wherein such village is situ- 
 ated, and may sue and be sued , complain and defend, 
 in any courts by such name; may make and use a com- powers of 
 
 - -,,. T .1 .». 1 corpora- 
 
 mon seal and alter it, and receive, by giit, purchase, ucd. 
 grant, devise or bequest, subject to all provisions of law 
 now existing, relating to devises and bequests by last 
 will and tesrament, and hold and convey such real and 
 personal estare as the purposes of the corporation may 
 require, as may be authorized by the provisions of this 
 act. 
 
 § 18. Within twenty days after the day on which Notice^oi^^ 
 such territory shall become and be incorporated as a vil- SXera"^^* 
 lagp, the pt-rsons hereinbefore designated as inspectors 
 of the first election, or a majority of them, shall publish 
 or cause to be published in a newspaper, if one shall be 
 published in said village, and post or cause to be posted, 
 in ten public places in such village, a notice stating that, 
 on a day stated and at a place named in such village, 
 and between certain hours, an election will be held for 
 the election of such village officers as shall be required 
 to be elected bv this act. Snch notice shall be published puwication 
 (if published at all in a newspaper) and posted at least 
 fifteen days before the time of holding such election. 
 Such election shall be held for at least the space of four 
 
Poll:^, how 
 
 1 
 
 kfjU. uptJU. 
 
 16 
 
 „ ,ow hours uninterruptedly, between ten o'clock in the fore- 
 ,f ipeu" noon and four o'clock in the afternoon, and the notice of 
 election shall state the hours of opening and closing the? 
 pulls and the names of the offices to be filled. The pro- 
 visions of section eight, title one, of this act, shall, so far 
 as applicable, apply to the election held under this sec. 
 
 tion. 
 
 canvass § 19. The persons presiding as inspectors, or ama]or- 
 
 c^Smi ity of them, at any election held by virtue of this act,; 
 
 '"""'■ after the village shall have been incorporated, shall ixaj 
 
 mediately canvass the votes, openly declare the result, 
 
 and make and subscribe a certificate of such canvass,. 
 
 showing the whole number of votes given, the number 
 
 given for each person voted for, and the office for whicl 
 
 he shall have been voted for, which certificate shall be 
 
 recorded in the records of said village. 
 
 § 20. The person eligible and having the greatest 
 number of votes for any office shall be deemed elected to 
 such office. If there shall be a tie as to a particular of- 
 piuraityof fice between two or more persons eligible, and having- 
 
 '" the greatest number of votes, the person presiding at 
 
 such election shall forthwith determine by lot, in the 
 
 „ presence of the other inspectors or of a majority of them,: 
 
 of^u«'vuS'%vliich shall be deemed elected, and set forth such fact 
 in the certificate of the result made by them. This sec-j 
 tion shall apply to all subsequent elections under this 
 
 act. 
 Election of [Oh. 68. Laws 1879.] [No election of trustees of vil- 
 invaudawd' [ages heretofore held in any year since the year eighteen 
 ''"ornis- hundred and seventy-four, pursuant to an act entitle! 
 "An act to provide for the incorporation of villages,' 
 passed April twentieth, eighteen hundred and seventy| 
 and the acts amendatory thereof, shall be invalid on afr 
 count of the failure of the electors, at such election, to 
 designate, in their ballots, the respective terms of officft 
 of the persons voted for, for trustees; but the persons fot 
 whom a majority of the votes shall have been cast fol 
 trustees, shall be deemed to be the duly elected trustees 
 of such village for the year for which such election w^ 
 
 i to 
 
 elect 
 
 PnjcHfd- 
 
 t 
 (ain 
 
17 
 
 held; and such trustees shall, at least ten days before 
 the time lor the next annual election of trustees for such 
 village, meet, with the president of such village, and the 
 said president shall, in the presence of such trustees, de- 
 termine by lot which of said trustees shall have been 
 elected for one year and which of them for two years. 
 The terms of office of the first class shall expire on the 
 expiration of one year from the day they took office, 
 and the terms of office of the second class on the expira- 
 tion of two years from the day they took office. If the 
 number of trustees is three, or any other odd number, 
 the smaller number shall serve for two years and the 
 larger number for one year. The president shall make 
 and file in the office of the clerk of such village a certifi-, 
 eate stating the names of such trustees and the term of 
 office of each as so determined.] 
 
 TITLE II.— Village Officers. 
 
 Section 1. The officers of a village incorporated under 
 this act shall be as follows, unless otherwise herein di- 
 rected : 
 
 A president^ three trustees, a treasurer, a clerk, a col- vmage om- 
 lector and a street commissioner. 
 
 § 3. If the resident population of the village shall vmage, 
 exceed two thousand, then, if the board of trustees shall elect addi- 
 by resolution so direct, an additional trustee may be tees, 
 elected for each five hundred of population over the two 
 thousand, until the entire number of trustees, exclusive 
 of the president, shall be nine. 
 
 § 3. [1874]. The president, treasurer, collector and ^^^1^^^ ^^ 
 one half of the trustees, if an even number, shall be^^^|«^^ 
 elected annually by the electors of the village, and, if an 
 odd number, the smallest majority of them shall be so 
 elected at one annual election, and the largest minority 
 of them shall be so elected at the next annual election. At 
 the annual election in the year one thousand eight hun- 
 dred and seventy five, the ballots shall designate which 
 of the trustees therein named shall hold office for one ^^°^' 
 
18 
 
 Officers to jesiT, and which for two years. The clerk and street 
 b. appoint- coinmisgioner shall be appointed annually by the board 
 
 of trustees. 
 Chief engi- § 4. The board of trustees may, if in their judgment 
 Bre war- necessapy, appoint, each year, a chief engineer of the fire 
 
 department, one or more assistants, one or more fire war- 
 Foiicecon- dens, One or more police constables, and a sealer of 
 
 ■tables. ' ^ ' 
 
 weights and measures. 
 § 5. [1874]. AU oflBicers elected or appointed under 
 Term of of-*^^^ **'* ^^*^ ^^^^ their respective offices one year, except 
 ^<^- the trustees elected for two years, who shall hold their 
 
 offices for two years ; and the said officers shall so hold 
 for the respective terms aforesaid unless sooner removed 
 or disqualified, and until their successors shall be elected 
 or appointed and qualified. 
 Noticetooi- §6. The inspectors of election, presiding at any elec- 
 fl^ers elect- ^^^^^ ^^ ^j^^ clerk of the village, shall, within five days 
 after such election, notify the persons elected of their 
 election. 
 oatbaofof- § 7. Every person elected or appointed to office un- 
 aiea. der this act who shall neglect to file the oath of office 
 hereinafter required for five days after personal notice, 
 in writing, firom the inspectors of election or the village 
 clerk, of his election or appointment, shaU be deemed to 
 have declined the office, and his place may be fiUed as in 
 case of a vacancy. 
 EiiiirttpmT § ^ -^o person shall be eligible to any office unless 
 toofflce. lie shall be at the time a resident and elector of the vil- 
 RemoTat l^ge. Whenever any officer of the village shall cease to 
 watoire- ^ » resident thereof, his office shall become vacant. 
 p^i^nf^" I &• No person shall be eligible as president or trastee 
 ee8tJ)™e* unless owniog property liable to be assessed for the 
 taxpayers, expenditures of the village. 
 vacancies, § 10. If there shall be a vacancy in any office under 
 
 Jiow flled. . •. ...■■•«..„ *' 
 
 ^ this act, the board of trustees may fill the same. 
 
 Official ^ ^^' '^^^ treasurer, collector, street commissioner, 
 
 cer"ulin offl-^°^^°® coustable, and such other officers as may be 
 
 oers, required by the board of trustees, shall severally, 
 
 before they enter upon the duties of their respective 
 
19 
 
 oflBces, execute and file with the village clerk a bond to 
 the village, in such a sum and with such sureties as the 
 board of trustees shall approve, conditioned that they' 
 will faithfully execute the duties of their respective ofii- 
 ces, and account for and pay over all moneys received 
 by them respectively. 
 
 § 12. The several officers under this act shall each, oaths to be 
 before entering upon their duties, take and file with the 
 clerk the oath of office provided by the Constitution. 
 
 § 13. All inhabitants of the village qualified to voteg^^*^^g. 
 at town meetings, who have resided within the bounds of JfJ^f *'^ 
 said village thirty days next preceding such election, 
 shall be entitled to vote for all officers to be elected, 
 and at all elections to be held by this act, unless other- 
 wise herein directed ; but no person shall vote upon any 
 proposition to raise a tax or appropriate the same, ormeettogs. 
 purchase property, unless he shall at the time be liable to 
 be assessed for such tax in his own right, or in the right 
 of his wife. ' 
 
 § 14. Any officer appointed by the board of trustees Bcmovais 
 
 -,■.■.■.-,,■■ T . tor cause. 
 
 may be removed by the board tor misconduct on notice 
 to such officer, and opportunity given him to make his 
 defense. 
 
 § 15. Elections of elective officers of the corporation, ^^^'J^j^ 
 after the first election of officers, shall be held annually 
 on the third Inesday of March, at one o'clock in the 
 afternoon, and continue till sunset, at such place as shall 
 be designated by the trustees, or a majority of them ; at 
 least six days' notice shall be given by the trustees, or a 
 majority of them, prior to said election, by posting no- Sor. 
 tices in six conspicuous places in the village, by the clerk, 
 or some one appointed by the trustees, if there is no clerk. 
 In case the trustees neglefit to appoint a place, the elec- 
 tion shall be held at the place of the last preceeding 
 annual election. 
 
 § 16. The trustees and clerk of the village, after the inspectors 
 first election of officers, shall be inspectors of election for "' «^«''"''°- 
 the village, and one or more of them shall preside at all 
 elections. In case a trustee or the clerk shall not be 
 
20 
 
 vacancy m present, tlie electors may appoint a chairman to preside, 
 bc«^d,tiow ^j^Q gj^g^jj ^^^^ ^^ ^j^g powers of an inspector under this 
 
 act. 
 Keturna of § 17. The return of every election under this act, after 
 howflied. the election or elections as to incorporation, shall be filed 
 
 with the clerk of the vUlage. 
 
 TITLE III. — Powers of Trustees. 
 
 Meetings oi SECTION 1. The board of trustees shall meet at such 
 trustees, times and place in the village as they shall by resolution 
 Special direct. Special meetings may be called by the president or 
 Sow"Sd ^y *^® clerk, on the written request of two trustees, at 
 
 such time and place as the written notice to be served on 
 
 the trustees shall direct. This notice shall be served at 
 
 least one hour before time of meeting, 
 offlra?.'"'^ § 2. The president, when present, shall preside at 
 
 meetings of the board, and have a vote on all questions ; 
 Business in his absence, any trustee may be appointed president 
 quorum, j^^. ^^^ time. A majority of the board shall constitute a 
 
 quorum for the transaction of business. 
 Trustees § 3. The trustees shall have the care, management 
 troroivu- and control of the finances and property, and custody of 
 ertyand'^ the records and papers and seal, belonging to the corpor- 
 '^^"'^ ' ation ; and may keep aU buildings and other property 
 
 of the corporation in repair, and insured against damage 
 Power to or loss by fire. The trustees shall have power, as to acts 
 
 make by- . '' * ' 
 
 ordSrances ^^^ matters within the corporate bounds, to make, pub- 
 lish, amend and repeal rules, ordinances and by-laws for 
 the following purposes : 
 anueaot 1- '^o declare and define the duties, and manner of 
 c^MsS'' discharging the same, of all officers of the corporation 
 tion. whose duties are not specially prescribed by this act, 
 and to add to the duties of those officers whose duties are 
 thus prescribed, if the board of trustees deem necessary, 
 and to fix the compensation of such officers, if not fixed 
 by this act. 
 Topreyent 2. To prevent vice and immorality, preserve the pub- 
 Btrain'dte- Kc peace and order, to restrain and suppress disorderly 
 
21 
 
 houses and houses of ill fame or assignation, gaming glminr"*^ 
 houses, and instruments and devices for gaming. nousea. 
 
 3. [1878]. To establish and maintain a police, and to establish 
 prescribe their powers and duties; and it shall not be^""""" ' 
 lawful for any constable of the town or county in which Pouce oon- 
 
 •n .L T -1 1. ..-, stables not 
 
 any Village incorporated under this act is situate, who to mane 
 shall hereafter be elected or appointed, to make anv<"'™"'^i 
 
 prOC6GCl" 
 
 charge against such village, or the town or county in ^Rs- 
 which the same is situate, for services rendered in or re- 
 specting any criminal arrests or proceedings before 
 magistrates or courts of special sessions cases, trials or 
 examinations, in such village, where the subject matter 
 thereof arose in such village, after the establishment and 
 during the maintenance of a police in such village under 
 this act. But no constable shall be required to perform 
 any service for which he is herein prohibited from mak- 
 ing a charge and to erect or procure and maintain a 
 lock-up, or designate a place for the detention of persons 
 arrested under this act, or under any by-law, rule or 
 ■ ordinance, and to confine said person therein. 
 
 4. To apprehend aiid punish common prostitutes, to prevent 
 
 '^^ ^ disorderly 
 
 vagrants and disorderly persons, and persons unneces- and 
 sarily congregated upon the sidewalks or corners, or 
 disturbing a public assembly. 
 
 5. To employ an attorney or attorneys for the trans- J°o«™pJ°y 
 action of any matter requiring legal skill. 
 
 6. To prevent incumbering the streets, squares, side- {"^"o^*®''- 
 walks, cross-walks, lanes and alleys, with any material f,^f™"fS' 
 whatever. 
 
 7. To prevent or regulate any encroachment, . or the ^o^p^^'^ent 
 , erection of any projection from or opposite of any build- "«°'«- 
 
 ing in or over or upon any of the streets or sidewalks, 
 and cause the same to be removed at the expense of the 
 owner or occupant of the premises. 
 
 8. To establish and maintain a public pound, andpuwio 
 appoint a keeper thereof, and to regulate his compensa- g^eper™*^ 
 
 tion and fees. 
 
 9. To restrain the running at large of cattle, sheep, Kunning at 
 horses swine, geese or other animals, and to authorize ammais. 
 
22 
 
 the distraining, impounding and sale of the same for the 
 penalty and cost of keeping and proceedings. 
 
 Lightingr 10. To provide for the lighting of the streets and safety 
 of the lamps. 
 
 Fire engine n. To erect and maintain fire engine houses, hook 
 
 bouses. 
 
 and ladder and hose houses. 
 finlland ^^- '^^ provide for the purchasing and repairing of 
 apparatus, fl^e eugiues, hooks and ladders, hose carts and hose, and 
 
 aU other necessary apparatus for the same. 
 
 p?weraof 13. [1874]. To construct and main tain reservoirs and 
 
 trustees, cistems, and supply them with water for use at fires ; 
 
 to protect and preserve property at fires ; to establish 
 
 fire limits, within the corporate bounds, by resolution of 
 
 the board of trustees, describing the same by metes and 
 
 boundaries, which resolution shall be filed in the office of 
 
 the village clerk, and be posted in three public places 
 
 within the corporate bounds, to prevent fires and provide 
 
 for their extinguishment. 
 
 TO regulate 14. To regulate and prevent any act, amusement or 
 
 mente. practice endangering property or person, on the streets, 
 
 sidewalks or public grounds. 
 Dogs. 15. To regulate and prevent the running at large of 
 
 dogs in the village. 
 Trees. 16. To protect trees, provide for keeping the sidewalk 
 
 , , free from snow, ice, dirt and other obstructions : and to 
 
 RemoTalof • ' ' ' 
 
 sm)w and direct and compel the cleaning of the streets by the per- 
 sons owning or occupying the premises fronting thereon. 
 and'batS? ^"^^ '^^ regulate swimming and bathing in the waters 
 '"•f- within and bounding the village. 
 
 immofler- ^8. To prevent immoderate riding or driving within 
 SrVrirtng, t^® corporate limits, leaving horses untied in the streets, 
 and to authorize any officer to stop any one guilty of 
 such riding or driving in the streets. 
 Sale of 1^9- To regulate the time, place and manner of keep- 
 
 m^ata, flsh, ^^^ ^^^ gelling meats, fish, vegetables and other agricul- 
 sianghter tural products, and the location of slaughter-houses and 
 bouses. p]aces and houses for storing of gunpowder, or oth- 
 Gunpowder ei explosive material. 
 
 20. To compel the removal and abatement of any 
 
23 
 
 public nuisance, and, if not done within such time as the Abatement 
 trustees may allow, to cause the same to be removed or cl^"'"*"" 
 abated at the expense of the village, and to declare such 
 expense to be a lien upon the lot on or in front of which 
 it was, and to enforce the collection of such expense by Expense 
 
 , . . , . . , .,-,.,. thereat to 
 
 leasing the premises in the manner prescribed m thisbeaiien. 
 act for the collection of unpaid taxes, or by action 
 against the owner or occupant of such lot, or any other how coiieo- 
 person who may maintain or control such nuisance. > 
 
 21. To prohibit or regulate all exhibitions or perfor- Kxhibitions 
 mances for money or hire, or authorize the same, on 
 
 such terms as the trustees shall deem expedient. 
 
 22. [1878]. To restrain, regulate or prevent hawking xy, regulate 
 and peddling in the streets ; to regulate, restrain or pro- peMilSI', 
 hibit sales by auction, and grant licenses to peddlers and.McS'ana 
 auctioneers, and fix the amount to be paid therefor; to!^^""^ 
 regulate the use and running of all hacks, public car- 
 riages or vehicles for the conveyance of passengers, bag- 
 gage or moveables of any kind, for hire, through the 
 public streets ; to designate their places of waiting, and 
 grant a license to the owners or proprietors thereof, and 
 
 fix the amount to be paid for the same. 
 
 23. [1877]. To regulate the use ofcandles, kerosene or aeguiating 
 burning materials of any kind, or lights or fires in barns ''^^l^S^ 
 and stables, and other places liable to take fire, and to'ngot 
 
 ' ■* ' wooden 
 
 control the construction of buildings, as to material, and structures. 
 prescribe the limits within which wooden buildings shall 
 not be built, and prescribe the penalty not exceeding 
 one thousand dollars, for a violation of any ordinance 
 passed relating thereto. 
 
 24. To regulate and control all existing public ceme- cemetene*. 
 teries, and provide for the establishment of new ones, 
 
 and to prevent all interments within the bounds of the 
 corporation, except in such cemeteries. 
 
 25. [1878]. To keep the roads, avenues, streets, powers as 
 lanes, public buildings and public places of the village Sulr"Tii. 
 in good order, repair and condition, to construct culverts . 
 and drains, to make and repair all bridges which may be 
 necessary within the bounds of the village ; to regulate 
 
24 
 
 and prescribe the width, line and grade of streets, avenues, 
 lanes and sidewalks, to pave, plank or flag roads, cross- 
 walks or sidewalks, lay out and open new roads and 
 streets, to widen, alter and change the grade, or otherwise 
 improve roads, avenues, streets, lanes and sidewalks ; to 
 stagnant drain stagnant waters, and to raise or fill up low grounds, 
 if nuisance, and assess the expense thereof upon the 
 property benefited, in proportion to the amount of such 
 Water oour-i[,enefit, and to regulate the water-courses, ponds and 
 hewers, watering places in the village ; to cause all necessary 
 sewers to be built, and assess the expense thereof upon 
 the property benefited in proportion to the amount of 
 Benefits such benefit. The amount of the benefit in any case 
 nSned!'*'" where the same is made the basis of assessment under 
 this section, shall be determined by the president and 
 trustees, provided, however, that no property beyond 
 the limit of one hundred and seventy five feet from the 
 line terminus of any such sewer shall be liable to assess- 
 ment for the expenses of building the same ; and provided, 
 also, that no sewer shall be constructed under the provis- 
 written pe- ions hereof, except upon a written petition signed by a 
 
 tltlonfor ... „' ^ ^ , ^, ,,,,■,.,,, 
 
 majority of the persons whose property shall be liable to 
 assessment for the said expense. All assessments for the 
 pente. drainage of stagnant waters, the raising or filling up of 
 low grounds, or the building of sewers under the provis- 
 ions of this section, shall be enforced and collected in 
 th& same manner as assessments for the annual village 
 tax. 
 pire worijs- ^ ^^ prevent and punish the dischairge of fire arms, 
 Irm^ rockets, gunpowder and fireworks in the roads, avenues, 
 lanes, streets and public places of the village, or in the 
 vioinity of any building therein. 
 BV-iaws, 27. The board of trustees shall have power to make 
 eS?.', to°^r- and establish all legal by-laws, rules and ordinances, 
 fj out act. iiepgggai.y ^Q carry out the purposes of this act, print and 
 pay for the same, and to enforce such by-laws, rules and 
 ordinances, and to pay the expenses of such enforcement 
 fm^ti^- out of the corporate funds. The trustees shall also have 
 ^°'^' power to prescribe penalties for a violation thereof, not 
 
25 
 
 exceeding one hundred dollars for each ofEence, but all orMnaQces 
 such by-laws, rules and ordinances shall be posted in posted, 
 three public places in the village ten days before they 
 shall take effect. 
 
 § 4. The trustees shall have power to compel the Trustees 
 owners and occupants of lands or lots in front of and pei repairs 
 adjoining which a sidewalk is to be made or repaired, to walks, 
 make such improvements upon the sidewalk in front of 
 said land or lot, to determine and prescribe the manner 
 of doing the same ; and the materials to be used therein, 
 and the quality or kind of such materials ; and in caseTraste^^^ 
 the owner or owners, occupant or occupants, of any such ij^^pj^oy^jj 
 land or lot shall neglect or refuse to complete the said negim. 
 required improvements within such reasonable time as 
 shall be required by the trustees, the said trustees may 
 cause such improvements to be made or completed, and 
 the expense thereof may be by them assessed on such Expense 
 owner or owners so neglecting- or refusing, and be Col- how^ooi- 
 lected by warrant issued by the president and trustees as '*'"®'*' 
 other taxes are directed to be collected by this act ; and 
 in case such tax or assessment shall not be paid or col- 
 lected, the trustees may cause such real estate to be 
 leased, or the owner thereof to be sued, for payment and May^c^^se 
 collection of such tax, and the costs and expenses aris-itMea, it 
 ing from non-payment, in the manner and with the eirect, paw- 
 and subject to the provisions of this act in regard to the 
 collection of taxes and assessments, by leasing of real 
 estate, or by action at law against the person liable. 
 
 § 5. [1877.] The trustees are authorized and empow- orgamza-^ 
 ered to organize a fire department, and provide for the*de?a?"™ 
 government and discipline of the same, to consist of one"™'' 
 or more engine companies, one or more hook and ladder how com- 
 
 " , . -1 posed. 
 
 companies, one or more hose companies, and one or more 
 -protective companies ; to appoint a sufficient number of 
 suitable persons as members, not exceeding sixty to each ment^of"^ 
 engine company, and not exceeding forty to each hook and '""""'''" 
 ladder company, and not exceeding twenty to each hose 
 and protective company, with the consent of the persons 
 appointed. A foreman and assistant foreman for each 
 
 members. 
 
26 
 
 Foreman Company shall be chosen by the members of each com- 
 am, b^ pany, in the manner to be directed by the trustees, and 
 Chosen ?: g^jjjggj. ^Q tjjgjj. japproval and ratification. 
 Exemption § 6. Every member of the fire department, while such 
 itromsCTv" member shall be exempt from serving in the militia, ex- 
 muitto. cept in cases of war, invasion and insurrection, and 
 every person who shall serve in such fire department 
 five successive years, shall thereafter be entitled to the 
 like exemption from military service ; and a certificate 
 of such service, authenticated by the president of the 
 village and the corporate seal, shall be presumptive evi- 
 dence before all courts and officers, civil and military, of 
 such exemption. 
 Chief and § '''• "^^^ chief engineer of the fire department, and, 
 tnii^era. i'l ^^^ absence, the senior assistant engineer, shall have 
 the direction and control of the department, subject to 
 such regulations as shall be prescribed by the trusteea|; 
 
 [CHAPTER 465— Laws of 1875.] 
 
 Section 1, [1876.] There shall be paid to the Treas- 
 urer of the Fire Department of every city or incor- 
 porated village of this State, for the use and benefit 
 of such Fire Department, and when no Treasurer of 
 a Fire Department exists, then to the treasurer of such 
 city or village, who, for the purpose of this act, shall 
 have the same powers as the Treasurers of Fire De- 
 partments, on the first day of November of each year, 
 by every person who shaU act as agent for or on behalf 
 of any individual or association of individuals, not incor- 
 porated by or under the laws of this State, to effect insur- 
 ance against loss or injury by fire upon property in this 
 State, although such individual or association maybe 
 incorporated for that purpose by any other state or 
 country, the sum of two dollars upon the hundred dol- 
 larSj and at that rate upon the amount ot all premiums, 
 which, during the year or part of a year, ending on the 
 last preceding first day of September, shall have been 
 received by such agent or person, or received by any 
 
27 
 
 other person for bim, or shall have been agreed to be 
 paid for any insurance eflEected or agreed to be effected, 
 or promised by him as such agent or otherwise, to be 
 effected against loss or injury by fire, upon property sit- 
 uate within the corporate limits of such city or village. 
 
 § 2. [1876. J 1^0 person shall, as agent or otherwise 
 for any individual, individuals or association, effect or 
 agree to effect any insurance upon any property situate 
 in any city or incorporated village of this State, upon 
 which the above duty is required to be paid, or as agent 
 or otherwise procure such insurance to be effected until 
 he shall have executed and delivered to the Treasurer of 
 the Fire Department of the city or village in which the 
 property insured is situated, or if no treasurer of a fire 
 department exist, then to the treasurer of such city or 
 village, a bond to such fire department in the penal sum 
 of five hundred dollars, with such sureties as such treas- 
 urer shall approve, with a condition that he will annu- 
 ally render to said treasurer, on the first day of Novem- 
 ber in each year, a just and true account, verified by his 
 oath, that the same is true of all premiums which, during 
 the year ending on the first day of September preceding 
 such report, shall have been received by him, or by any 
 other person for him, or agreed to be paid for any insur- 
 ance against loss or injury by fire upon property situate 
 in such city or village, which shall have been effected or 
 procured by him to be effected for any individual, indi- 
 viduals or association not incorporated by the laws of 
 this State as aforesaid, and that he will annually, on the 
 first day of November in each year, pay to said treasurer 
 two dollars upon every hundred dollars, and at that rate 
 upon the amount of such premiums. 
 
 § 3. Every person who shall effect, agree to effect, 
 promise or procure any insurance specified in the pre- 
 ceding sections of this act, without having executed and 
 delivered the bond required by the preceding se?ction, 
 shall for each offense forfeit two hundred dollars, for the 
 use and benefit of the fire department of such city or vil- 
 lage, such penalty of two hundred dollars shall be col- 
 
28 
 
 lected by and in the name of the fire department of the 
 city or village in which the property insured, or agreed 
 to be insured, is situated, and the treasurer or chief finan- 
 cial officer of any city or incorporated village, having no 
 incorporated firemen' s relief or benevolent society, re- 
 ceiving any money under the provisions of chapter four 
 hundred and sixty-five of the laws of eighteen hundrel 
 and seventy-five, as amended by chapter fifty-nine, ra 
 the laws of eighteen hundred and seventy-six, shall on 
 or before the fifteenth day of November, in each 
 year, apportion and pay over all such moneys so 
 received, to the treasurers of the several fire com- 
 panies as are duly recognized by the common coun- 
 cil or trustees of such city or village. And if he shall 
 neglect or refuse to perform any or all of the duties re- 
 quired by this act, he shall be subject to a penalty of 
 two hundred dollars for such neglect or refusal ; and the 
 foreman of any fire company shall, be entitled to, and 
 may maintain an action and sue for, in the name of, and 
 for the benefit of such fire company, any of the propor- 
 tion of penalties prescribed by this act ; and premiums 
 or penalties to which such company may be entitled 
 under chapter four hundred and sixty -five of the laws of 
 eighteen hundred and seventy-five, as amended by chap- 
 ter three hundred and fifty-nine of the laws of eighte^ 
 hundred and seventy-six. But no action shall be main- 
 tained, or recovery be had in any court of this state, for 
 or on account of any such offense heretofore happeniif 
 nor shall any such court have power or authority to ren- 
 der judgment for or on account of any such offense herfr 
 tof ore happening, when such agent shall have paid to the 
 party entitled to the same, the premium required to be 
 paid by section one of this act, as amended by section 
 one of chapter three hundred and fifty -nine of the laws 
 of eighteen hundred and seventy-six. 
 
 § 4. None of the provisions of this.act shall apply to 
 the cities of New York and Albany. 
 
 § 5. All acts or parts of acts inconsistent with the 
 provisions of this act are hereby repealed. 
 
29 
 § 6. This act shall take effect immediately.] 
 
 § 8. The trustees may, and it shall be their duty to, precaution- 
 take precautionary measures to guard the public health ^e^^' 
 in times of infectious and pestilential diseases, and to gSfflth!' 
 provide against them when they appear in the village, 
 by providing places for the removal of persons having 
 such diseases from the populous parts of the village, and 
 to pay the expenses incident to such removal, and they 
 shall have the power to remove such persons ; and they 
 shall have the power to appoint one or more health com- 
 missioners, who, with the president, shall constitute a 
 board of health of the village ; and such board of health neaith. 
 shall possess the powers conferred by, and be subject to 
 the provisions of, the act of the Legislature of the State 
 of New York, entitled "An act for the preservation ofp^^^^g^j 
 the public health," passed April tenth, eighteen hundred *"»'''i- 
 and fifty, and acts amendatory thereof, in addition to 
 the powers which may be given under this act. Trustees to 
 
 § 9. The trustees shall have the auditing of all ac-cMmsana 
 counts and claims against the village, and no account or »<'"=''«°'^- 
 claim shall be paid unless allowed by them, or after 
 judgment obtained thereon. When an account or claim 
 shall be audited by them, the trustees auditing the same 
 shall cause to be endorsed thereon, or annexed thereto, to be 
 a certificate signed by the president and countersigned thereon. 
 by the clerk of the village, of such auditing and allow- 
 ing or disallowing the same, in which the sum allowed 
 and the fund out of which the same is to be paid shall be 
 
 specified. S°be"ra"i? 
 
 § 10. [1872.] No such account or claim shall be allowed ^a^^^|j„ 
 by the trustees unless it shall be made out in items and ^'l^'gSgJf'i 
 accompanied by the affidavit of the person claiming to 
 have rendered the services or furnished the materials or 
 made the disbursements therein charged, that the items 
 of such account or claim are correct as to the service, 
 materials and disbursements mentioned, that such ser- 
 vices and materials were rendered and furnished and dis- 
 bursements made for the corporation, and no part of sxich 
 
30 
 
 Claimant claim has been paid. The claimant may be examined on 
 "m^nedon'oath by the trustees in relation to said claim and th© 
 ""''• items thereof. The affidavit and oath herein mentioned* 
 may be taken before the president of the village, or any 
 of the trustees or the clerk of the village, and when cer- 
 tified by either of them may be read in evidence in any 
 court of this State, in the same manner as oaths and 
 affidavits taken and certified by a justice of the peace ; 
 but no fee shall be charged or received by any president 
 or trustee for any oath or affidavit taken before them or 
 either of them. Nothing herein shall be Construed as 
 preventing the trustees from disallowing any account or 
 claim in whole or in part when so made out and verified, 
 nor from requiring other or further evidence of the cor- 
 rectness and reasonablenes thereof. Any person willfully 
 swearing false in reference to any matter herein contained 
 shall be guilty of perjury. 
 Trustees to § U. The trustees shall present to every annual meet- 
 S^flnanSaiing of electors of the village a detailed statement of 
 statement. Qjjpenditures for the past year, and of the estimated 
 ordinary expenditures of such village for the ensuing 
 year, to meet which taxes may be lawfully raised, speci- 
 fying each item of anticipated expense, which statemen!| 
 shall be signed by them and filed with the clerk. i 
 
 To (five 8 12. The trustees are empowered to give names t^ 
 
 names to " ^ •,,,., .7 
 
 streets, &c. the roads, lanes, streets, avenues and public places m 
 
 the village. , 
 
 Trustees § ^^- '^^^ trustces, or a majority of them, shall act M 
 
 assessors of the village, or may appoint of their numi; 
 
 ber a committee for chat purpose, and the trustees so 
 fnTof^hSf acting as assessors shall have the power of town assess- 
 number. Qj,g^ ^^^ j^g subject to the laws applicable to the same, 
 
 subject to the provisions of this act. 
 Map or vii- § 14. TJie board of trustees shall cause a map to h^ 
 '***■ made of such village, and cause all new public roadffl 
 
 avt^nues, streets and lanes in the village to be surveyea 
 ?tTO?ded'.*'*and described, and a description thereof recorded inl| 
 
 book to be kept by the clerk for that purpose. The map 
 
 so made shall be kept by the clerk. 
 
 may act as 
 assessors. 
 
31 
 
 § 15. The board of trustees shall have power to pro- Boom for 
 vide a suitable room for holding their meetings, andSefa^ 
 proper cases and books for the clerk to preserve the rec- '"' '^'^'''^" 
 ords and papers of the corporation. 
 
 § 16. The trustees shall have power to raise, by as- Tmstees 
 sessment and tax, money for the expenditures required money jot 
 by the provisions of this act and the proceedings hadexcendi- 
 thereunder, and may assess and collect a poll-tax of one 
 dollar on each male resident in the village between the' „, 
 
 " Poll tax. 
 
 ages 01 twenty-one and sixty years. 
 
 § 17. [1871.] The trustees of any village incorporated ^^^^^^o* 
 under this act, containing a population of three thous- ma|*Mreot 
 and and upward, may, whenever in their opinion thep}SiM°u? 
 public interest demands it, at any time not less than *'"'*■ 
 thirty days preceding the next annual election for village 
 officers, direct that at such election, and at every fourth 
 annual election thereafter, there shall be elected a police 
 jui^tice, who shall be a resident of the village in which 
 he shall be elected, and who shall hold office for four 
 years, and shall have the same power and jurisdiction in ace, pow- 
 criminal cases which iustices of the peace now by law dicuon and 
 have or which may hereafter be conferred on justices of 
 the peace by law, and shall be subject to the same duties 
 and liabilities as the justices of the peace of the several 
 towns of this State, and shall have jurisdiction in all 
 cases of violation of village ordinances. When the j,jggti<,„ „( 
 •whole of any town shall have been duly organized as aS^S?n 
 village, the electors of such village may, if they so elect, fHl^ml 
 at a, meeting duly called for that purpose, provide for^b^l* 
 Ithe division of such village into districts and for the*"'™" 
 election of the trustees of such village within the several 
 districts which shall be established therein. 
 
 § 18. Whenever any vacancy, by death, resignation, vacancies 
 removal from the village or inability to discharge the 
 duties of the office, shall occur in the said office, the 
 trustees shall order an election to fill such vacancy at the Designation 
 
 • ,1 . rr< T • j.T_ OltOWnJllB- 
 
 next annual election for village bfficers, and in the mean- ti^^ act_ 
 time may till the vacancy by appointment, or may desig- cancy. 
 nate any one of the justices of the peace of the town in 
 
lowed. 
 
 Oath of ot 
 
 32 
 
 which said village is situated to perform the duties of 
 police justice until such election shall have been held. 
 
 Fees of po- § 19. The fees of the police justices elected or ap. 
 
 lice J"""'«-poiQ^;g^ as hereinbefore provided, and also of lany justio| 
 of the peace while acting as police justice, under desig- 
 nation of the trustees as provided in the last secticHjjj 
 
 edand ai- shall be a charge upon the village, and shall be audited 
 
 and allowed in the same manner as other village charges. 
 
 § 20. Every police justice elected or appointed under 
 
 gceTiToV" tiiig act shall, within ten days after his election and be- 
 fore entering upon the duties of his office, take and sub- 
 scribe the constitutional oath of office, and file the same 
 in the office of the town clerk of the town in which he 
 resides. 
 
 Proviso. § 21. Any provisions of title two of this act, incon- 
 sistent with the provisions hereinbefore contained relat-; 
 ing to police justices, shall not be held to apply to said 
 office of police justice. 
 
 [CHAPTER 410— Laws of 1874.] 
 
 [Sec. 1. Any town or incorporated village in the State 
 of New York, having issued its bonds, or that may here- 
 after issue its bonds, under the provisions of law, and 
 said bonds being a valid debt of said town or village to 
 mature or become due in a specified period of time, may 
 by a vote of a majority of the electors present, and vot- 
 ing at any annual town meeting or charter election of 
 said village, raise by tax levied upon the taxable prop- 
 erty of said town or villagte, such sum as may be speci- 
 fied by said vote in the manner hereinafter provided, for 
 the purpose of buying and cancelling said bonds, or the 
 purpose of providing a sinking fund for the ultimate 
 payment of said bonds. 
 
 § 2. The town board, consisting of the supervisor, 
 town clerk and justices of the peace in towns, or the vil- 
 lage trustees in villages, shall meet dt least twenty days 
 before the annual town meeting or the annual village 
 election, and shall determine by a majority of said board 
 what amount shall be annually raised for the purpose as 
 
33 
 
 described in section one of this act, and the form of the 
 ballot and the manner of voting, and shall give notice of 
 such voting by posting at least five notices in public 
 places in said town or village setting forth the time of 
 such . voting, the amount to be raised, and the purpose 
 for which the same is raised ; and the result of such vote 
 shall be operative until the same shall be changed by a 
 vote of said electors taken in a similar manner at a subse- 
 quent election. 
 
 § 8. The money so raised shall be used to buy and 
 cancel the said bonds, provided the same can be pur- 
 chased at their par value, or in case said bonds can not 
 be so purchased, said money shall be paid over to the 
 county treasurer of the county, who shall loan the same 
 at seven per cent per annum interest, secured by a mort- 
 gage on unencumbered real estate, for a period of time 
 ' equal to the time said bonds have to run, or invest the 
 same in bonds of the State of New York or of the United 
 States, and at the maturity of said town or village bonds, 
 said money shall be applied to the payment of said 
 bonds, and the supervisor of such town, or president of 
 the trustees of said village shallbe charged with the 
 duty of receiving said money from said county treasurer, 
 giving security for the same in double the amount re- 
 ceived ; and of purchasing or paying said bonds, and of 
 cancelling the same in the presence of the said town 
 board or village trustees, as the ease may be.] 
 
 [CHAPTER 320, Laws of 1877.] 
 
 [Sec. 1. Whenever the bonds of any city, village, 
 town or county shall have been issued and sold by the 
 proper authorities, and the time fixed for the maturity 
 of such bonds, or any of them, shall be for a longer 
 period than that provided by the law under which they 
 were issued, a variance not exceeding sixty days shall 
 not be regarded or held as affecting the validity of such 
 bonds. 
 
34 
 
 § 2. Nothing in this act contained shall effect any liti- 
 gation now pending. 
 
 § 3. None of the provisions of this act shall apply to 
 the counties of Orleans and Niagara.] 
 
 TITLE IV. 
 
 Expendi- Sec. 1. The expenditures of the village shall be de- 
 ""^^*' nominated " ordinary expenditures'' and "extraordina- 
 ry expenditures." 
 § 2. " Ordinary expenditures" shall be those neces- 
 expendi- sarily incurred to carry out and enforce the rules, by- 
 enjorce laws and Ordinances which the trustees are authorized to 
 
 cbarcer. ~ i . n . i. 
 
 adopt by title three of this act, and to give force to the 
 
 powers therein conferred, except as such expenditures 
 • may be specifically enlarged, or diminished, or controlled 
 
 by other provisions of this act. 
 Limitation. § 3. No Ordinary expenditure for any one specific act, 
 
 object or purpose, or thing, shall exceed the sum of five 
 
 hundred dollars. 
 
 § 4. The trustees shall have power to raise money for 
 
 ar^yexpend- an extraordinary expenditure for any purpose by as- 
 
 ""^' sessment and tax, by submitting a resolution, stating 
 
 nKing^o the amount to be raised and the specific obiect for which, 
 
 vote thGFG" * u 7 
 
 on. to the annual election, or to a special election, of the 
 
 Trustees to legal electors entitled to vote on such questions, to be 
 
 act upon *^ -■■ . 
 
 afflrmative held as in this act directed. The trustees shall have 
 
 vote. 
 
 power to appoint such special election, designating time 
 
 and place. If the majority of the ballots cast have on 
 
 them the word " Yes," then the trustees may raise the 
 
 amount voted. 
 
 § 5. When extraordinary expenditures shall be neces- 
 
 s'pMifyinT sary, in the judgment of the trustees, they shall have 
 
 extraorSn- power to pass a resolution or resolutions to be entered in 
 
 uuref ^'"^' the records of their proceedings, specifying the object 
 
 and the amount required. No resolution shall express 
 
 Resolutions more than one object, and the amount required for the 
 
 beredif "same. If more than one such resolution is submitted at 
 
 jne. the same election, whether an annual or special elec- 
 
35 
 
 tion, such resolutions shall be numbered respectively 
 one, two, three, up to the number of the resolutions ba™ts5 
 submitted, and the ballots used at such election shall 
 be as many as the resolutions submitted, and having 
 thereon the words "Eesolution number one," or " Res- 
 olution number two," or " Resolution number three," 
 up to the number of the resolutions, with the word 
 "Yes," or the word "No." Ten days' notice of Buch^''«°™*ed 
 
 _ "^ upon. 
 
 election, whether an annual or special election, shall 
 bft given by the clerk by posting notices in six pub- 
 lic places in the village, stating time and place and object 
 of election, and copying resolution or resolutions. TheSeouon.' 
 same inspectors shall preside at, and the same provisions 
 apply to, such election, as are provided for in this act, 
 for all vUlage elections held after the first election of offi- Election, 
 cers of the village. If the majority of the ballots dast ducted."' *' 
 have thereon the word "Yes" for any resolution, such 
 resolution shall be adopted. The return of the inspect- statement 
 ors shall set forth each resolution voted on, and attached ^e aiea. 
 thereto a statement containing the number of ballots 
 with "Yes," or with "No," received for such resolu- 
 tion. The Inspectors presiding at such election shall file 
 their return of such election with the village clerk within 
 ten days after such election. 
 
 § 6. [1875.] In addition to the amount raised by the 
 trustees for " ordinary expenditures," the board of trus- Highway 
 tees shall have power, in any one year, in addition to the *^" 
 poll tax, to raise by tax such sum as they may deem 
 necessary, not exceeding in any one year the amount of moneys m 
 one per cent, on the assessed valuation of such village, separate. 
 to be denominated a highway tax, to work and improve 
 the roads, avenues, streets, lanes and crosswalks of said 
 village, on all persons and incorporated companies own- 
 ing property and estate, real and personal, in said village, 
 to be assessed and collected as all other taxes are, by the 
 provisions of this act. The money so raised, with the 
 proceeds of the poll tax, shall be devoted to the purposes 
 expressed in this section, and kept apart as a separate 
 and distinct fund by the treasurer ; and all villages incor- 
 
36 
 
 porated under this act shall be exempt from all costs, 
 charges, taxes or assessments for the grading or working 
 any street, road or avenue, lying outside the limits of 
 such incorporation. 
 Trustees § 7. [1879.] The board of trustees shall also have 
 traot'ior" power and is hereby authorized to contract with any 
 water company for supplying the village with water for 
 the purpose of extinguishing fires, and to assess and col- 
 lect the amount agreed to be paid in such contract, as 
 other village taxes are assessed and collected ; and any 
 such contract entered into by the trustees of any village, 
 shall be valid and binding upon such village ; provided, 
 however, that no such contract shall be made for a longer 
 period than five years, nor for a sum exceeding in the 
 aggregate fifty cents per capita, per annum, of the popu- 
 lation of the village, unless the proposition for the same 
 be submitted to a vote of the citizens, in the manner pro- 
 vided in sections four and five of this title, and approved 
 by a majority of the voters entitled to vote on such ques- 
 tion, and voting at an annual election, or at a special 
 election duly called. 
 
 TITLE V. 
 
 Section 1. It shall be the duty of the president of 
 village the board of trustees to see that the by-laws, rules and 
 
 president, "^ 
 
 anci'*"wers Ordinances of the village, and the provisions of this act, 
 are enforced, and to recommend to the board such meas- 
 ures as he may think necessary ; and, as the head of the 
 
 of'pouoe!"'* police of the village, he shall maintain peace and good 
 order, and have the power of arrest for such purpose. 
 If the president shall be unable to perform the duties of 
 his office, the board of trustees shall appoint one of their 
 
 pro tem? uumber to preside at their meetings, and he shall be 
 vested with all the powers and perform all the duties of 
 the president of the village until the president shall re- 
 sume his office or the vacancy shall be filled according 
 to law. 
 
 § 2. The treasurer shall receive all moneys belonging 
 to the village, and keep an accurate account of all the 
 
re- 
 
 37 
 
 receipts and expenditures. All moneys shall be drawn viiia^e 
 from the treasury, in pursuance of an order of the board LnTC 
 of trustees, by warrant, signed by the president or the '*'"'^'' 
 presiding officer of the board, and countersigned by the 
 clerk. The books and entries of the treasurer, and the how*d?awn 
 order or check book of the clerk, shall be open for in- u'ry? ^'"^^ 
 spection by any elector of the village, at all reasonable 
 hours. The treasurer shall exhibit to the board of trus- Annual 
 tees, at least fifteen days before the annual election in report. 
 each year, a full account of all the receipts and expendi- 
 tures after the date of the last annual report, and also to seep 
 
 ' separate 
 
 the state oi the treasury ; which account shall be filed in accounts. 
 the office of the clerk. The treasurer shall keep separate 
 accounts of the moneys received and paid out for " ordi- 
 nary expenditures," and "extraordinary expenditures," 
 and on account of the highway tax. 
 
 § 3. [1878. J Any justice of the peace of the town or ju^sdic- 
 towns in which such village shall be located, shall have }u°su?esT" 
 jurisdiction in all criminal cases that may arise within vm^es? 
 the bounds of the village in the county in which they 
 severally reside, with the same powers, and subject to 
 the duties and liabilities, as a justice of the peace in 
 other cases. He shall also have jurisdiction in all actions 
 brought to recover fines or penalties for the violation of 
 any provision of this act, and of the rules, by-laws and 
 ordinances of the village, or to recover any tax or assess- 
 ment levied by the village, and his proceedings and judg- 
 ments may be reviewed in the same manner as is or shall 
 be provided by law in cases of judgments and proceed- 
 ings of justices of the peace. Said justice shall receive 
 the same fees and compensation as is provided by law 
 for similar services. The fees and compensation of such 
 justice shall be audited and paid, and collected in the 
 same manner as the fees of justices of the peace for simi- 
 lar services. All fines recovered by him in suits for the 
 violation of the provisions of this act, or the by-laws, 
 rules and ordinances of the corporation, shall be paid^^^^ ^^^ 
 over to the treasurer of 'the village upon their receipt by reraverea: 
 such justice. In such last-mentioned suits, if jiidg- tojmage 
 
 Fines, when 
 
38 
 
 ment is entered, the said justice shall award costs, in- 
 cluding witness fees and other legal disbursements, to 
 
 awarfed7 the successful party, to the same amount as a justice of 
 the peace could in civil actions or proceedings before 
 him. 
 
 Police con- § 4. [1878. J The person appointed police constable 
 
 oiiiei of po- shall have the powers and be subject to the same duties 
 in criminal and civil cases, cognizable by such justice, as 
 constables of towns, and shall be chief of the police force 
 of the village, subject to the directions and orders of the 
 president. He shall have the power, and it shall be his 
 
 andpSwtra. duty, to keep order in all public places in the village ; 
 to arrest persons concerned in riotous or noisy assem- 
 blages, or who are breaking the peace, or violating this 
 act, or the by-laws, rules or ordinances of the village, ar- 
 rest them, and forthwith convey them before the proper 
 authority, to be dealt with according to law, and to keep 
 
 compensa- and retain such persons in custody until committed or 
 discharged. Said police constable shall have power to 
 execute any warrant or process issued by justices of the 
 peace of the county or counties in which such village is 
 situated. .The said police constable shall be paid for 
 his services the same compensation, to be audited and 
 allowed in the same manner, as town constables for simi- 
 lar services, and also such extra annual salary, as chief 
 of police, as the board of trustees may direct. 
 
 [CHAP. 385— Laws of 1875.] 
 
 Arrest [SECTION 1. When any person shall be arrested by a 
 
 PTMssa. police constable without process, under section 4, title v, 
 of the act entitled "an act for the incorporation of vil- 
 lages," passed April 20th, 1870, and such person shall be 
 brought before the proper justice of the peace, such 
 magistrate shall proceed forthwith to hear, try and deter- 
 mine the complaint or charge on which such person is so 
 arrested, and such person shall, upon conviction by the 
 justice, be iined by such magistrp.te, in accordance with 
 any ordinance or by-law of the village, for the punish- 
 
39 
 
 ment of such offense, and imprisonment in the county 
 JaU until such fine be paid, not exceeding ten days.] 
 
 § 6. The collector shall collect and receive all taxes viuage coi- 
 and assessments, for which the warrant of the board of muelt 
 trustees, subscribed by the president and countersigned 
 by the clerk, shall be delivered to him, and within the 
 time specified in such warrant, and shall pay the same 
 into the hands of the treasurer without delay, and take 
 receipt for the same, and make return to the clerk of the 
 amount of taxes collected by him and paid over to the 
 treasurer, and of taxes unpaid. The collector shall give 
 a receipt to the clerk for the warrant and tax or assess- 
 ment rolls delivered to him on his receiving the same. 
 
 § 6. After receiving the tax roll the collector shall post 
 notices in five public places in the village, twelve days be- reoeMng 
 fore the last one of the three days specified in the notice, SS.*°' °' 
 stating that he will attend at a convenient place, specified collector's 
 in the notice, in the vllJage, on three days specified, with- *^'" 
 in fifteen days from date of notice, for the purpose 
 of receiving payment of taxes ; and he shall attend at 
 such times and place accordingly. Any person or corpo- 
 ration paying any tax or assessment, within fifteen days 
 from date of notice, shall be charged with one per cent, 
 thereon for the fees of the collector, and no more. After 
 the expiration of the fifteen days, the collector shall col- 
 lect the taxes or assessments unpaid, with five per cent, 
 thereon for his fees, in the same manner as is now pro- 
 vided by law for the collection of town and county taxes, 
 and with like power and authority as collectors of taxes 
 of towns. 
 
 TITLE VI. 
 
 Sectioh" 1. The trustees, whose duty it shall be by Tniatees^ to 
 this act, to act as assessors, must, within sixty days after ^a^^vuitee 
 the annual meeting, proceed and assess, upon the taxa- i^y.^^ aiso ^ 
 ble inhabitants and corporations and property liable to aryTmaire 
 assessment and taxation within the village, such sum asandpoiuax 
 they may deem necessary, besides funds received and 
 estimated to be received from other sources, to defray 
 
40 
 
 the ordinary expenditures of the village for the current 
 year, not to exceed the amount fixed for that purpose in 
 the detailed statement of the trustees presented at the 
 annual meeting; also any sum directed at an annual 
 election, to be raised as an extraordinary expenditure for 
 a special purpose for that yeax ; also the amount to be 
 raised as a highway tax, and also the poll tax. 
 
 § 2. They shall also, within twenty days after any 
 of extraor- extraordinary expenditure shall have been voted by the 
 peaditures. legal electors at a special election, proceed to assess the 
 amount in the manner herein directed as to ordinary ex- 
 penditures. 
 Not!c-of § 3. The persons acting as assessors shall, on com- 
 SsmeSt pleting the assessment roll, give ten days' notice, by 
 ™"" posting notices in live public places in the village, stating 
 that they will, in the village at a place and time stated, 
 ctfmcuon' meet to hear and determine all complaints as to such roll. 
 They shall have power and authority at such time to cor- 
 rect such roll as to them shall seem necessary. After 
 the roll shall have been thus submitted, and corrected if 
 necessary, they shall file the same and a copy thereof 
 with the clerk of the village. 
 DeifveiT of ' § 4. The tax roll, when completed, shall be immedi- 
 wifrrant^io* ately delivered by the clerk to the collector, with a war- 
 rant thereunto annexed, signed by the president and 
 countersigned by the clerk, commanding him to collect 
 Ex'ensioQ the taxes therein specified, with his fees, and return said 
 ■ warrant and roll within sixty days after the date of the 
 warrant, unless the time shall be extended. The board 
 of trustees may extend the time for the return of such 
 warrant thirty days beyond the first sixty days, and 
 such extension shall in no event affect the validity of the 
 bond given by the collector and his sureties. 
 
 § 5. All taxes or assessments which shall remain un- 
 paid for thirty days after the final return of said warrant 
 shall bear interest at the rate of twelve per cent, per an- 
 num from and after the date of such return, and shall be 
 collected, as directed herein, either by the sale of the 
 
 How filed. 
 
 collector. 
 
 at warrant. 
 
41 
 
 estate assessed, as herein isrovided, or by suit against the 
 party liable to pay such assessment or tax. 
 
 § 6. When any person whose property or estate shall saie oi 
 be assessed or taxed shall fail to pay the tax or assess- unpaid 
 ment, and the collector cannot collect the same, and shall seasments. 
 make return thereof, the trustees shall cause the estate 
 so assessed to be sold at auction, for a term of time forNouceoi 
 the payment of such tax or assessment, giving four 
 weeks' notice of such sale, by putting up notices in five on"'^^" "" 
 public places in the village and serving personal notice 
 on the owner or agent of such estate, if a resident of such Manner [of 
 village, or on the occupant thereof, and by depositing |Jorte°st 
 such notice in the post-office directed to such owner, yeara"' 
 if a non-resident, at his reputed place of residence, if 
 known, at least ten days before the day of sale, and the 
 same shall be sold to the person who shall take it for the 
 shortest time for the payment of such tax or assessment, 
 with interest at seven per cent., and the expense of such 
 notice and sale. Before the time of sale the party liable 
 for the tax, or his representative, may avoid the sale by 
 paying the tax to the treasurer, with twelve per cent, in- 
 terest thereon and expense of notice and sale. 
 
 § 7. At any time within a year after such sale thej^^^^^^j^ 
 owner or owners of the estate, or their representatives, '*""• 
 may redeem the same, by paying to the purchaser there- 
 of (if he shall have paid the tax and interest, and ex- 
 pense of sale,) the tax, expenses, and interest thereon at 
 twelve per cent per annum from the date of the payment 
 by the purchaser ; in case the purchaser has not so paid 
 them, by paying to the treasurer of the village the tax, deiiTC/l!er° 
 expense of sale, and interest at twelve per cent, per an- pu?chlsCT 
 num from the time the tax was returned unpaid, and no- yean °°* 
 dfying the clerk of such payment. If such tax, expenses 
 and interest are not paid within one year from the date 
 of sale, then the trustees shall deliver to the purchaser 
 of the estate a certificate of such sale, under the seal of 
 the corporation, and signed by the president, the execu- 
 tion of which may be acknowledged or proved as a deed, 
 and upon the receipt of such certificate the purchaser 
 
42 
 
 Service oi may proceed to serve upon the holder or owner of any lien 
 
 bSid?rs"o?°upon such estate, or any part thereof , notices in writing 
 
 deem wtffi- of such salc, aud that, unless redeemed within six months 
 
 moSttis. from the time of such service of notice, such certificate may 
 
 be recorded in like manner and with like effect as in case 
 
 of other conveyances of real estate. Such certificate shall 
 
 be presumptive evidence of the statements contained in 
 
 it, in all courts and places, actions and proceedings. 
 
 purcnaser § ^- '^^® purchaser receiving such certificate, or his 
 
 pJfJessiMi' representatives, may, in case the land is not redeemed as 
 
 not"?*" herein provided, enter into and occupy the same during 
 
 deemed, jj^g ^.^j.^ f^j. -^vhich it was sold, and shall be at liberty, 
 
 within the term aforesaid, to remove all the Jjuildings 
 
 and materials he may erect or place thereon. 
 
 Removal of § 9. In case the collector shall return that a tax or 
 
 buildings, assessment on any estate is unpaid, and he is unable to 
 
 collect the same, the trustees are authorized and empow- 
 
 Trusti66s 
 
 may collect ered, after the lapse of thirty days after the date of such 
 
 unpaid MX ' , -^ . ., ^. "^ . , 
 
 by civil return, to prosecute a civil action against the owner or 
 
 action. » i . , 
 
 owners of such estate in the corporate name of the vil- 
 
 May«e ^ lage, and recover judgment for such tax, with twelve per 
 
 menf*^" ^ent. interest thereon, and all necessary costs and expense 
 
 of said action ; said trustees may cause a transcript of 
 
 To become such judgment to be filed and said judgment docketed in 
 
 fanda""""" the county clerk's office of the county wherein the village 
 
 is situated, and the same, however small the amount, shall 
 
 Sheriff may thereupon become a judgment of the county court, and 
 
 be a lien on all real estate of the judgment debtor situate 
 
 in the county where said judgment is docketed ; and such 
 
 real estate may be sold on execution issued to the sheriff 
 
 Mods. of the countj where the judgment is docketed, if not 
 
 collected out of the personal property of the debtor, in 
 
 the manner provided by law ; and all the provisions of 
 
 law in reference to sale and redemption of real estate on 
 
 execution shall apply to sales and redemjitions under 
 
 this act. 
 
 TITLE VII. 
 
 § 1. [1871.] A village incorporated under this act, 
 be'se^plme ^'^^^^ Constitute a separate highway district within its 
 
 sell lands 
 on execu- 
 tion. 
 
43 
 
 corporate limits, exempt from the superintendence of highway 
 any one, except the board of trustees, who shall be com- ^'"'^'"• 
 missioners of highways in and for such village, and shall 
 have all the powers of commissioners of highways of 
 towns in this State, subject to this act, and, as such. Trustees to 
 
 IT,, , . . , Save power 
 
 they shall have power to discontinue, lay out, open, ^^^}"^^^ 
 widen, alter, change the grade, or otherwise improve ^i|5^°|™ 
 roads, avenues, streets, public parks or squares, lanes, 
 crosswalks and sidewalks ; and for that pui'pose may 
 take and appropriate any land in said village ; but no 
 road, avenue, street, lane or sidewalk, shall be opened j^^^ggg. 
 or altered, unless all claims for damages on account of ^jjfe\t*un- 
 such opening or altering shall be released without remu- ^enil^ 
 neration, except on the written petition of at least teUcfiSmed*. 
 freeholders, residing in said village, which pecition shall 
 specify the improvement to be made, describe the land 
 to be taken, state the owner or owners thereof, when petition of 
 known, and shall be filed in the office of the clerk of the 
 village. On the presentation of such petition the trus- 
 tees shall, and must meet, and examine the same : and, 
 
 TrustfiBS to 
 
 if they decide the improvement shall be made, they shall ^^ew«^ 
 so decide by resolution, to be entered in the minutes of 
 the board ; and they shall thereupon put up, in five 
 public places in said village, a correct description of the pg^^j^py^^ 
 lands to be taken to make such improvement, and a no-g'^^^^^*" 
 tice that the trustees, at a place, and on a day, and at an'""'i"'"^^- 
 hour therein specified, not less than five days from the 
 date and posting thereof, will meet and hear any objec- 
 tions that may be made to the taking of such land, or service oi 
 making such improvement ; a copy of which notice must Searing 
 be served on the owner or owners of such land, at least SwnCTs!" 
 five days before said meeting, unless said owner is a non- 
 resident of such village ; in which case, said notice and 
 description must be deposited in the said village post- Hearing of 
 office, directed to said owner, at least twenty days before persons. 
 such meeting." Any person interested may be heard, 
 and introduce testimony before the board of trustees as^^^j^j^^^^ 
 to the matter, on the day specified in the notice, or on J™^'|ef„|s 
 such other days as the board may appoint. After such|^gP™ye- 
 
44 
 
 Trustees to 
 summon 
 Jury to as- 
 sess dam- 
 ages. 
 
 Service of 
 notice of 
 meeting. 
 
 Jury to be 
 sworn, ex- 
 amine 
 premises 
 and hear 
 proofs. 
 
 To award 
 damages. 
 
 Award, 
 how filed 
 and served. 
 
 Appeals, 
 wnen to be 
 made. 
 
 Copy of 
 
 award 
 
 evidence. 
 
 Trustees 
 not to act 
 
 hearing, the trustees may deny the petition, or approve 
 and declare by resolution, to be entered in their minutes, 
 their intention to make the said improvements^ and pro- 
 ceed to obtain possession of the lands described, in the 
 manner provided by this act. 
 
 § 3. [1871. J Whenever any road, avenue, street, 
 square or park, lane or sidevralk is opened or altered, 
 the damages claimed by reason thereof may be deter- 
 mined by agreement betvpeen the board of trustees and 
 the persons claiming such damages ; but in case the 
 damages are not so determined or released, the board 
 shall, on being notified by the president, as in case of a 
 special meeting, or at a regular meeting, meet and cause 
 a jury of six freeholders to be summoned to determine 
 and awrard said damages. Five days' notice of the time 
 and place of such meeting shall be given to the ov^ner or 
 owners of such lands, if residents of the village, and if 
 not such residents, then notice shall be sent ten days be- 
 fore such meeting, by mail, directed to the place of resi- 
 dence, if known, of each of such non-residents. The 
 jury shall be sworn to faithfully and impartially execute 
 their duty ; shall examine the premises, hear the proofs 
 and allegations of the parties, and reduce the testimony 
 to writing, if any is taken ; and they shall determine and 
 award to the owner or owners of such lands such dam- 
 ages as they will sustain by the proposed alteration or 
 improvement, after making allowance for any benefit 
 which the said owner or owners may derive therefrom. 
 The determination and award of the jury shall be signed 
 by them and filed in the oSice of the village clerk, and a 
 copy served on the persons entitled to such award- If 
 no appeal is made within twenty days from the time of 
 such service, the determination and award of such jury 
 shall be final and conclusive on all persons interested. 
 A copy of such award, certified by the clerk, under the 
 seal of the village, shall be evidence of the same in all 
 courts and places and all actions and proceedings. 
 
 § 3. No trustee who is interested in any lands taken 
 for such alteration or improvement shall act with the 
 
45 
 
 trustees when sitting as a board to determine the dam- when m- 
 ages, or to summon the jury to award damages, for**™''^*- 
 taking such land. 
 
 § 4. [1878. J Any person interested therein may, Appeals to 
 within twenty days after notice of the award of the jury, Sef 
 appeal from such award by petition to the county judge 
 of the county where such village is situated, or, in case 
 such village shall be located in two or more counties, 
 then to the county judge of either of said counties, pray- 
 ing for the appointment of three commissioners, residing 
 in said county, to review said award of said jury. The ^"I^^JJl 
 person appealing shall execute a bond to the village in^°°^'°' 
 its corporate name in the penal sum of two hundred and 
 fifty dollars, with two sureties who shall justify in twice 
 the amount, conditioned for the payment of the fees of 
 the said commissioners and costs of appeal, in case the 
 award of the jury shall not be increased twenty dollars by 
 said commissioners to each party appealing. Filing such ceedinga." 
 bond with, and serving a copy of said petition, with a no- 
 tice of the time when and place where the same will be 
 presented to the said judge, or the village clerk, shall op- 
 erate as a stay of proceedings until the decision of the 
 commissioners thereon. All persons appealing from the Judge to ap 
 
 ■*■ " point com- 
 
 award of the jury for damages, as to one single and con- J^'^^^°fg^™ 
 tinuous alteration or improvement, shall join in one peti- awards, 
 tion,' and may execute a joint and several bond in two 
 hundred and fifty dollars, with sureties and conditioned 
 as hereinbefore mentioned, and there shall be but one 
 board of three commissioners appointed to review the 
 award of such jury. At the time mentioned in the notice, 
 and when the commissioners are appointed, any person 
 may be heard in the matter. The said judge shall, on 
 hearing the parties, appoint three disinterested electors 
 as commissioners, residing in said county, but not in the 
 village, to review the award of said jury, and determine^ 
 and award the damages of the person or persons ap- 
 pealing. Immediate notice shall be given by some of 
 the persons appealing to the persons designated as 
 commissioners, and if any one declines or is disqual- 
 
46 
 
 commis- ilied, the Judge shall appoint some disinterested per- 
 
 iT^na*^ son, an elector residing in said county but not in the 
 
 vmnesaes, ^jji^g^^ jq j^^ the vacancy. Said commissioners shall 
 
 meet at such village within ten days after being notified 
 
 of their appointment. They shall give the president of 
 
 the village five days' notice of the time and place of their 
 
 meeting, shall be sworn to do their duty, shall have 
 
 power to compel attendance of witnesses by subpcena, 
 
 shall examine the premises and hear the proofs and alle- 
 
 award. gations of the parties, and shall award such damages to 
 
 the parties appealing as they shall deem just. The 
 
 HOW filed, award of the commissioners shall be signed by them and 
 
 be returned to the president of the village within fifteen 
 
 days after the first meeting of the commissioners, and 
 
 To be flnai.g}jaii ^^ fjjg^ ^^itji jl^g dyrk. Said award shall be final 
 
 and conclusive on all persons interested, and the board 
 Trustees to of trustees may thereupon take possession of the land and 
 take lands. ^^^^ ^-j^^ g^j^j alteration or improvement. On declaring 
 the award the commissioners shall each be paid by the 
 Pay of com- treasurer of the village three dollars per day for their 
 ' services, and the amount so paid shall be collected by 
 suit, if not otherwise paid, with other proper expendi- 
 tures made by and for the village in and about such ap- 
 peal, on the bond referred to in this section, given by 
 the person or persons appealing, in case the person or 
 persons appealing are liable to pay the costs of the ap- 
 peal under the provisions of this act. In all cases of ap- 
 peal under this section the judge to whom the appeal is 
 appJint""^ made shall, by order, appoint guardians for any infant, 
 (Tuardians. j^n^tic or idiot interested in said proceedings. 
 
 § 5. Whenever a final award is made for damages 
 Assessment Sustained by reason of making such alteration or im- 
 uponrti- provement, the persons acting as assessors may, with- 
 
 lage prop- ., -, id i n r. 
 
 erty. in twenty days thereafter, assess the amount of such 
 damages upon the estate, real and personal, in said vil- 
 lage, and make out an assessment roll of such damages, 
 which assessment roll shall be signed by the president 
 Payment of ^^^ ^^^^ ^^*^ *^^ clerk and be collected in the same man- 
 awards, ner aa the annual tax is collected, and the trustees shall, 
 
47 
 
 within one year from the time of such final award, pay Deposit of 
 or tender the amount of such damage to the persons tounkjown"* 
 whom the same shall have been awarded; and in case owners, 
 such owner shall refuse the same, or be unknown, or a 
 non-resident of said village, idiot or lunatic, or the rights 
 and interests of persons claiming the same shall be doubt- 
 ful, it shall in such case be lawful for the board of trus- 
 tees to pay the amount of such damages to the county 
 treasurer of the county where said lands are situated, for 
 the benefit of such person or persons as may be entitled 
 to the same, accompanied by a statement of the facts 
 under which such payment was made. The board of 
 trustees shall cause the clerk of said village to make an ^fage ^^ 
 entry in the village records of the money deposited, 
 stating amount, with the names of the parties by the 
 awards declared to be entitled to the same. On the 
 proper person or persons being ascertained, who are en- 
 titled to receive such money, the president of the village 
 is authorized to draw an. order on said county treasurer, 
 countersigned by the clerk, and payable to the order of 
 the person or persons entitled to such money, for the 
 amount due such person or persons. 
 
 TITLE VIII. • 
 
 Section 1. At any election held in such village, the ^"g^lJI^"^ 
 inspectors presiding shall have the powers of town boards »« election, 
 at the election of town oflicers ; and all the laws applica- ^aws appu 
 ble to such elections shall apply to any election held"^"'^- 
 under this act, and the proceedings of the same, so far 
 as applicable and not inconsistent with this act. The 
 inspectors shall be subject to the provisions of this act as 
 to elections. 
 
 § 2. The certificate of the inspectors of election pre- 
 siding at the first or second election at which the ques- certmcate 
 tion of incorporating the village was decided affirmative ors^to^be^ 
 ly, or a copy of the same, certified by the county clerk as to^cor- 
 of the county in whose office it shall be filed and record- 
 ed, with his seal of office, shall be final and conclusive 
 
48 
 
 proof of the incorporation of such village and the regu- 
 larity thereof, in all courts and places, and in all actions 
 and proceedings, except in case of an appeal from the 
 election as hereinbefore provided. 
 
 § 3. The inspectors presiding at any election in the 
 cScaLs village, excepting one relating to the incorporation of the 
 of election, .^j^^gg^ gj^g,!] file their certificate of election within ten 
 days after such election, with the village clerk, and such 
 certificate, or a copy thereof certified by such clerk, with 
 the seal of the corporation attached, shall be presump- 
 tive evidence of the truth of the statements get forth in 
 such certificate, and of the validity of such election, in 
 all the courts and places, actions and proceedings. 
 Convey- § 4. All Conveyances by the village shall be in its 
 Jmale? corporate name, and be executed by the president there- 
 cu'wd?''" of, authorized by resolution of the board of trustees, with 
 the corporate seal annexed. 
 § 5. The return of any tax or assessment by the col- 
 ?npaw°°' lector to the village clerk as unpaid, or a copy of the 
 to^bt'evi-'' same certified by said clerk, with the corporate seal at- 
 aeDce. tached, shall be presumptive evidence of the truth of the 
 Assessment Statements in such return, in all courts and places, and 
 ™"'" in all actions and proceedings. And any assessment roll 
 filed with the clerk, or a copy of the same certified by 
 him, with the corporate seal attached, shall be presump- 
 tive evidence of the contents thereof and regularity of 
 such assessment, in all courts and places, actions and 
 proceedings, and of the right to levy any tax or make 
 any assessment therein mentioned. 
 § 6. [1878.] All actions brought to recover any pen- 
 recover *" alty or forfeiture under this act, or under the rules, by- 
 peMities, jg^^g ^^^ ordinances made in pursuance of it, shall be 
 brouKht. |3pQ^g]j^ ijj ^}jg corporate name of the village, and in such 
 Complaint, actiou it shall be lawful to declare or complain generally 
 state. for such penalty or forfeiture, stating the section of this 
 act, or rulej by-law or ordinance under which the penalty 
 or forfeiture is claimed, and briefly setting forth the vio- 
 ' lation thereof for which the complaint is made. 
 
49 
 
 § 7. The first process in any suit brought by the vil- 
 lage for a penalty under this act, or a rule, by-law or beV^sum- 
 ordinance adopted by the board of trustees in pursuance warrant, 
 of said act, shall be a summons or warrant. If the de- 
 fendant in such action has no property, personal or real, imprison- 
 whereof the judgment can be collected, the execution non-pay- 
 
 «" *=■ ' mem of 
 
 shall require the defendant to be imprisoned in the conn- Jaagments. 
 ty jail of the county in which the village is situated, or 
 in case such village shall be located, in two or more coun- 
 ties, then in the county jail of either of said counties, for 
 a term not exceeding ten days. 
 
 § 8. The affidavit of the party publishing or posting 
 any notices required to be posted or published by the pmoi ot 
 provisions of this act, or by any rule, by-law or ordi- ^d pMufg 
 nance made in pursuance thereof, of such posting or""""*'" 
 publishing, shall be deemed presumptive evidence there 
 of in all courts and places, and in all actions and pro- 
 ceedings. 
 
 § 9. In actions brought by or against the village, itcompeten-, 
 shall not be an objeiction against the person acting as Jiawtants 
 
 . , . , , aajustlces, 
 
 justice or juror m any such action, that he is a resident Jurors, ete. 
 of the village, or subject to taxation therein. 
 
 § 10. Money cannot be borrowed on the credit of, nor ^^^^^^^^^ 
 can any debt be created in behalf of, the village, payable SImuSs 
 at a future time ; nor can any debt or liability be incurred p^""*"**- 
 by the village, except for ordinary expenditures of Temporary 
 the village or highway purposes within the income of the S|°is 
 current year, for the ordinary expenditures or highway ^^^^' 
 purposes applicable to such purposes. W hen the rais- 
 ing of any money for a special purpose as an extraordi- 
 nary expenditure, as provided, in this act, has been voted, 
 the amount may be borrowed, or a liability by contract 
 for the special purpose may be incurred, not exceeding 
 the expense ordered, until the amount can be raised by 
 a tax as herein provided. 
 
 ^ 11. Any officer or person who shall assume to ore- 
 
 " •' * . ^ -Personal 
 
 ate a liability or appropriate any money or property of nawiityo? 
 the village, contrary to the provisions of this act, or shall ating deuts. 
 assent thereunto, shall be personally liable for such debt 
 
In con- 
 tracts. 
 
 Ttecord ol 
 board of 
 truscees. 
 
 60 
 
 willful 710- or liability, and to the village for such money or proper- 
 (feemlii a ty ; and each of the trustees present when such violation 
 meanor. shall have been committed, shall be deemed to have as- 
 sented thereunto unless he shall express his dissent and 
 request the same" to be entered upon the record of pro- 
 ceedings. Any willful violation of this section shall also 
 be a misdemeanor. 
 Trustees 8 12. No member of the board of trustees shall be in- 
 
 not to De o 
 
 J°'er^ted terested in any contract to which the village shall be a 
 party. 
 
 § 13. The board of trustees shall cause to be kept a 
 record of its proceedings ; all votes shall be taken by 
 ayes and noes, when required by one of the trustees, and 
 shall be entered in such record, and such record shall 
 noes to°be Contain the names of the members of the board present 
 and voting on any question, and the affirmative and neg- 
 ative votes of the members so voting. 
 Summary § 14. When any person complained against as a va- 
 ings upon grant, disorderly person, riotous person, or person keep- 
 dfsorder?'' iug a disorderly house or house of ill-fame or assignation 
 persons, or prostitution, under the provisions of this act, or any 
 rule, by-law or ordinance made in reference to such per- 
 sons under this act, shall be brought before an officer 
 maTbe^ad- li^viug jurisdiction of such matters, he shall, unless the 
 am[oflend- offeuse Complained of be indictable at common law, pro- 
 oned.""^" ceed forthwith to hear, try and determine the complaint 
 against said person, as provided by law for the offense 
 on which such person is arrested, or such officer may in 
 his discretion adjourn the hearing on cause shown, not 
 to exceed five days, and in the meantime commit the of- 
 fender to the village lock-up or place of confinement or 
 county jail, until such day, or suffer him or her to go at 
 large on executing a bond approved by the said officer, 
 conditioned that he or she will appear on the adjourned 
 day, when trial shall be had. 
 fcfusL^t^" § ^^- ^° °^^® ^"y person having been an officer of the 
 rerards,"" ''tillage, shall refuse or neglect to deliver to his successor 
 ^ropen^o^ ^^ offi*'®' within ten days after notification and request, 
 Tiuage. all the moneys, books, papers, records, proBertv and ef- 
 
51 
 
 fects of every description in his possession or under his 
 control belonging to such village or appertaining to his 
 office, he shall forfeit and pay for the use of the village 
 rhe sum of twenty -five dollars for each and every day he 
 shall so neglect or refuse, and also all damages caused by 
 such refusal or neglect, to be recovered by suit by such 
 village. 
 
 § 16. Every ordinance, bylaw, rule, resolution orQ^^j^^^^^^ 
 proceeding of the board of trustees may be read and re- SSwreadTn 
 ceived in evidence in all courts of justice and in all places, e^w™ce. 
 and in all actions or proceedings, either from the original 
 record, kept by the clerk of said, village, or from a copy 
 of such ordinance, by-law, rule, resolution or proceeding, 
 certified under the corporate seal by the clerk, or from 
 any printed volume containing such ordinance, by-law, 
 rule, resolution or proceeding, with the certificate of the 
 clerk that such volume contains a correct copy of such 
 ordinance, by-law, rule, resolution or proceeding, and 
 that the same was printed under authority of the board 
 of trustees. 
 
 § 17. The term "vagrants," as used in this act, com-»efl^°tti™ 
 prises the persons described in part one, chapter twenty, "vagrants" 
 title two, section one of the Revised Statutes. 
 
 [Sec. 3, Title 2, Ch. 20, Part ONE^ R. 8. J 
 
 [All idle persons who, not having visible means to 
 maintain themselves, live without employment ; all per- 
 sons wandering abroad and lodging in taverns, groceries, 
 beer houses, outhouses, market places, sheds or barns, 
 or in the open air, and not giving a good account of 
 themselves ; alL persons wandering abroad and beg- 
 ging, or who go about from door to door, or place 
 themselves in the streets, highways, passages or other 
 public places, to beg or to receive alms, shall be deemed 
 vagrants.] 
 ■ § 18.. AH persons found intoxicated in the streets of Disorderly 
 
 ^ persons, 
 
 the village, or persons who shall be guilty of noisy, riot- ^""^d^^^." 
 ous or tumultuous conduct, disturb the quiet and peace "'■'■■■e'l'ob?, 
 
52 
 
 of the village or of any meeting or assembly therein ; all 
 persons who shall wilfully give a false alarm of fire ; all 
 persons who shall publicly use any profane, vulgar or 
 obscene language or conduct in any street or public 
 place in said village ; all persons who shall wilfully and 
 maliciously break, mar, injure, remove or deface, any 
 building, fence, awning, sign, sign 'board, tree, shrubbery 
 or other ornamental thing in said village ; all persons 
 who shall remove from or pile up before any door or on 
 any sidewalk or street, boxes, casks or other things for 
 the purpose of annoyance or mischief, or who shall wil- 
 fully tear down, destroy or mutilate any notice or hand- 
 bill lawfully posted up in said village ; all persons who 
 shall incite or induce dogs to fight in any of the streets 
 or public places in said village ; all persons, who, at the 
 time of any fire in said village, shall be guilty of any in- 
 subordination or of any disorderly conduct, or who shall 
 attempt to obstruct the operations of the fire department, 
 or shall wilfully neglect or refuse to obey, or attempt to 
 prevent or obstruct the execution of, the orders of the 
 trustees or ofiicers of the fire department, shaU be deemed 
 and are hereby declared to be disorderly persons under 
 this act, and under any rule, by-law or ordinance adopted 
 in pursuance thereof for the punishment of disorderly 
 persons. 
 
 § 19. Any trustee or any police constable is hereby au- 
 vSrant' thorized to arrest any vagrant or disorderly person, with 
 deny perl Or without process, and take him or her forthwith before 
 ""''■ the proper officer. If such officer cannot be found, the 
 Detention persous arresting may detain the person arrested, not to 
 airclteS!" exceed twenty-four hours, until the proper officer to try 
 such person is found. 
 
 Assess- ^ ^^' ^^^^7 assessment made by the persons acting 
 
 S'ff^n u^^ as assessors of the village shall be and remain a lien on 
 
 lacds. the lot or lands assessed, in the same manner, and to the 
 
 same effect, as town and county taxes, from the time of 
 
 filing the assessment roll as herein directed, until paid oj 
 
 otherwise satisfied. 
 
53 
 
 § 21. No person shall hold at the same time more one omce 
 than one of the offices created by this act, unless other- Sew at me 
 wise provided herein. **""' "'^''' 
 
 § 22. Whenever any real estate in said village is 
 
 Service of 
 
 owned by two or more persons jointly, or as tenants in nonces 
 
 common, a notice served on one of such persons shall be^eoai's. 
 
 sufficient notice to all and for any purposes requiring a 
 
 notice under this act, and whenever said owners reside 
 
 out of the village, it shall be sufficient to serve such no- ^^''tofeeT 
 
 tice on the occupant or lessee of such real estate, except 
 
 as herein otherwise provided. 
 
 § 23. All resignations of any officers under this act, Eestgna- 
 shall be made to the trustees, subject to their accept- made. '""' 
 ance. 
 
 § 24. If, at the end of the financial year, there shall surplus of 
 be a surplus of funds with the corporation, over and appuea ™ 
 above the expenses of the year, such surplus shall be 
 applied to the next year's expenses. 
 
 §. 25. If a town meeting shall occur on the day ap- ^ 
 pointed for the election of village officers by this act, in elections 
 
 Jr o J J jiot to occur 
 
 the town in which the village or any part thereof shall ™ ^j^ 
 be situated, then such village election shall be held on ''^y- 
 the Wednesday next after the Tuesday appointed by this 
 act, for such village election. 
 
 § 26. The president and trustees of the village shall MdfmCTies 
 not receive any compensation for their services as such, nop^^r* 
 
 § 27. Nothing in this act giving the board of trustees proviso as 
 of a village power to make and repair bridges within the Mdges°by 
 village bounds, or making them commissioners of high- comiSS^ 
 ways, or making the territoiy of the village a separate 
 highway district, subject to the board of trustees alone, Expendi- 
 
 ° -,. . .. 'tureson 
 
 shall be construed as divesting the commissioners of^dges, 
 
 now 
 
 highways for any town in which a bridge may be located, charged, 
 of power or control over the same, or as relieving such 
 town from the expense of constructing or repairing any 
 bridge within its bounds, though such bridge may be 
 within the territorial limits of a village incorporated un- 
 der this act. In case the board of trustees of any village 
 so incorporated shall think proper to construct or repair, 
 
54 
 
 and shall construct or repair, any bridge within the cor- 
 porate limits, then the expense of such work shall be a 
 charge on the taxable property of the village, and be 
 paid out of the corporate funds. 
 A^t. How § 28. The provisions of this act shall be applicable 
 
 only to villages incorporated under it. 
 Srpora-"' § ^^- '^^^ board of trustees of any village incorporat- 
 pid."'"' ed under this act are authorized to determine the expenses 
 of effecting the incorporation, and pay the same out of 
 the corporate funds. 
 
 § 30. [1875.] Any village heretofore incorporated 
 may become a corporation under the provisions of this 
 act and possess the powers given thereby, by a vote in 
 favor thereof, at any annual or special election. Such 
 vote shall be taken on a resolution adopted by the board 
 of trustees, submitting the question of incorporation un- 
 der this act to the qualified electors of the village. All 
 persons before qualified to vote at an election in such 
 village, may vote at such election. Notice shall be given 
 of such election by the trustees, setting out the resolu- 
 tion to be voted on, as is required to be given by this act 
 in regard to special elections for extraordinary expendi- 
 tures. If at such election tlie majority of the ballots cast 
 shall have thereupon the word " Yes," then the village 
 shall become and be incorporated under this act, and 
 shall succeed to and possess all the property, rights of 
 property and the rights of action existing at the time of 
 incorporation under this act in favor of such village ; and 
 all actions, proceedings and suits then existing on the 
 part of such village, or against such village, or rights of 
 action against such village then existing shall, after 
 such vote, be unaffected thereby, and be subject to the 
 provisions of law under which they originated. 
 
 The persons who had before presided at elections for 
 village oflacers in such Village, or a majority of them, 
 shall preside at the elections directed in this section, and 
 shall count the ballots and declare the result forthwith, 
 and make return setting out the resolutions voted on, 
 the notices of election and the number of ballots cast 
 
55 
 
 ' No" thereon, and shall file such return 
 with the clerk of the county in which the village is locat- 
 ed within ten days after the election, and verify such re- 
 turn with the oath of the inspectors. Such return, or a 
 copy thereof, certified by such county clerk, with his 
 official seal, shall be final and conclusive evidence of such 
 incorporation and the regularity thereof, in all courts 
 and places and in all actions and proceedings. In case 
 it appears from such return that a majority of the ballots 
 were cast with "Yes" thereon, the board of trustees 
 shall, within ten days after filing such return or within 
 ten days after the passage of this act, appoint a 
 special election in such village, to be held within 
 twenty days, for the purpose of electing the officers pro- 
 vided by this act for such village. They shall give ten 
 days' notice of the time and place of such election, which 
 notice shall be published in all the newspapers printed 
 in such village, and by posting the same in six public' 
 places in the village. At such election the game persons 
 who are required to act as inspectors of election, at the 
 election above provided for in this section, shall preside 
 as inspectors of election ; and such election shall be con- 
 ducted and its results certified in all respects as regular 
 annual elections are required to be conducted and the 
 results certified under this act ; and the persons elected 
 to office at such election shall qualify and be clothed 
 with the same powers and charged with the same duties 
 as if elected at an annual election. The trustees shall 
 submit at such special election the detailed statement re- 
 quired by section eleven of title three of this act. The 
 trustees and other officers elected under the prior charter 
 shall continue in office aud discharge their duties under 
 that charter until the election and qualification of the 
 new officers as above provided for. 
 
 § 31. [1878 ] The county clerk shall record all re- county 
 turns of inspectors of elections for the incorporation of record re- 
 villages held under this act in the records for the record- eiections^^ 
 ing of deeds, or in a book to be specially provided for tio^^s^^to- 
 that purpose, or in case such village shall be located in«on- 
 
56 
 
 two or more counties, then the county clerk of either of 
 said counties shall record all returns of inspectors of 
 elections for the incorporation of villages held under this 
 act, in the records for the recording of deeds, or in a 
 book to be specially provided for that purpose. For the 
 recording of such certificates, the county clerk shall be 
 paid the fees legally chargeable for the recording of 
 deeds. 
 Repeal. § 32. [1874. J All Other general acts and laws of this 
 State for the general incorporation of villages are hereby 
 repealed, as to the future incorporation of villages, ex- 
 cept sections ninety and ninety-one of chapter four hun- 
 dred and twenty-six of the laws of eighteen hundred and 
 forty-seven, which sections shall form a part of this act, 
 and shall apply to all villagf^s already incorporated, or 
 which may hereafter be incorporated under this act. In 
 case there shall be any village which has been incorpor- 
 ated under a general act or acts for that purpose, such 
 act or acts shall continue to be of effect as to such vil- 
 lages so incorporated until they may become incorporat- 
 ed under this act ; and after their becoming so incorpor- 
 ated, shall cease to be operative as to such village, ex- 
 cept as controlled by the provisions of this act. 
 
 [Laws of 1847.] 
 
 [Sectioit 90. When an application in writing, signed 
 by at least one-fourth as many persons entitled to vote 
 for village officers in any incorporated village, as voted 
 for such officers at the next preceding election thereof, 
 shall be made to the trustees of such village, to call a 
 meeting of the electors thereof to determine whether the 
 same shall continue to be an incorporated village, such 
 trustees shall call such meeting and preside as inspectors 
 thereat, and the same shall be notified and held, the 
 votes given thereat canvassed, the result declared, and a 
 certificate thereof made and recorded in the same manner 
 as nearly as practicable, as in case of the election of vil- 
 lage officers. The polls at such meeting shall be kept 
 
 ExcepUon. 
 
57 
 
 open from ten o'clock in the forenoon to four o'clock in 
 the afternoon ; and every such elpctor may vote thereat, 
 by a ballot having thereon the word Yes, or the word No. 
 If a majority of all the ballots given shall have thereon 
 the word No, such village shall, at the expiration of six 
 months from the time of holding such meeting, cease to 
 be an incorporated village, and within that period such 
 trustees shall call a special meeting of such electors, to 
 direct as to the disposition of the property of such vil- 
 lage ; and at such meeting such electors may direct such 
 property as shall remain after paying all claims for 
 which such village shall be liable, to be disposed of in 
 such manner as they shall deem proper. At the expira- 
 tion of the said six months, all the records, books and 
 papers belonging to such village shall be deposited with 
 the town clerk of the town in which the same shall be 
 located, or if located in more than one town, then with 
 the town clerk of one of such towns, whose duty it shall 
 be to preserve the same with the town records and pa- 
 pers of his town, and the supervisor of such town, or if 
 such village was located in more than one town, the su- 
 pervisors of such towns shall be the trustee or trustees 
 of the property of such village. No suit in which such 
 village shall be a party, or any claim for or against such 
 village, shall be affected by its ceasing to be an incorpor- 
 ated village. 
 
 § 91. At the meeting to be called after any such vil- 
 lage shall have determined to dissolve its incorporation, 
 it shall be lawful to raise by tax any sum that may be 
 necessary to pay and discharge all the existing debts 
 and liabilities of the said village.] 
 
 § 33. [1871. J The boards of supervisors of the several bo^^^o^'^ 
 counties are hereby authorized and empowered to extend g,*yj||{f°* 
 the boundaries of any incorporated village within their "J^p^euuSn. 
 respective counties, upon the petition of the president 
 and board of trustees of such village, by a vote of a ma- 
 jority of all the supervisors elected, to be taken by yeas 
 and nays, provided that no act, ordinance or resolution 
 lor such purpose shall be valid and operative, unless it 
 
58 
 
 Afflrmative shall receive the affirmative vote of the supervisors of 
 JeJ^taor of the town or towns from which the additional territory is 
 uZu"l^- to be taken, in which such village is situated, and of the 
 quiaite. g^peryisor or supervisors, if any, of such village. And 
 the said boards of supervisors are also authorized and 
 Maydimin- empowered to diminish the boundaries of any incorpor- 
 
 Ish the ^ - , , . , • J. • 
 
 boundaries, ated village within their respective counties, so as to ex- 
 clude from such incorporation any portion of the terri- 
 tory embraced therein, upon the petition of two-thirds 
 of the electors resident within the portion of territory 
 sought to be so excluded, who shall be liable to be as- 
 sessed for the ordinary and extraordinary expenditures 
 of such village, by a vote of a majority of all the super- 
 visors elected, to be taken by yeas and nays, provided 
 
 Proviso, ^jj^j ^^ ^^j.^ ordinance or resolution for such purpose 
 shall be valid and operative, unless it shall receive the 
 affirmative vote of the supervisor or supervisors, if any, 
 of such viEage. 
 
 § B4. This act is hereby declared to be, and shall be, 
 a public act. 
 
 Accounts oi § 35. It shall be the duty of the board of trustees, of 
 S?ved\™d each of the incorporated villages of this State, to cause 
 publication to be published, once in each year and twenty days next 
 "'■ before the annual meeting, in at least one public news- 
 
 paper printed in such village, or in a public newspaper 
 that is, to all intents and purposes, a village newspaper 
 of more than one village, and that has more than one 
 publication office, one of which is in such incorporated 
 Account village, a full and detailed account of all money received 
 by them or the treasurer of said village for the account 
 and use thereof, and all money expended therefor, giv- 
 ing the items of expenditures in full. Should there be 
 no paper published in said village, they shall be required 
 to publish the same by notice to the taxpayers, by post- 
 ing in five public places in said incorporated limits. 
 
 § 36. Said annual report shall also state the funded 
 and floating or temporary debt of said village. 
 
[CHAP. 307-^Laws of 1879.] 
 
 [Section 1. If twenty-five freeholders in any town orinvesUfta- 
 incorporated village in this State shall present to any puSiBhment 
 
 i- J! ii. . , . . . -T. . , . of unlawful 
 
 justice 01 the supreme court having jurisdiction therein, or corrupt 
 an affidavit subscribed and sworn to by themselves, set- ""res, etc. 
 ting forth that they are freeholders, and have paid taxes 
 on real estate within one year, and that they have cause 
 to believe that the moneys of such town or incorporated 
 village are being unlawfully or corruptly expended, it 
 shall be the duty of such justice, upon ten days' notice 
 to the supervisor or supervisors where there are more 
 than one and the particular disbursing officer if any 
 making the expenditure of such town or the trustees and 
 treasurer of such incorporated village, to make a sum- 
 mary investigation into the financial affairs of such town 
 or incorporated village, as the case may be, and the ac- 
 counts of such disbursing officers or treasurer as the case 
 may be, and at his discretion he may appoint an expert 
 or experts to make such investigation, and may cause 
 the results thereof to be published in such manner as he 
 may deem proper. It shall be the duty of the supervis- 
 or or supervisors and disbursing officer of such town, or 
 the trustees and treasurer of such incorporated village, 
 as the case may be, to obey all orders of such Justice di- 
 rected to them, for facilitating such investigation, and 
 any refusal or failure by said supervisor or supervisors 
 or trustees to obey such orders may be punished as for 
 contempt ; the costs incurred in such investigation shall 
 be taxed by said justice, and paid upon his order by 
 such supervisor or supervisors or trustees, as the case 
 may be, whose expenditures shall be thus investigated, 
 when the facts charged in such affidavit shall be substan- 
 tially proved by such investigation, and by the freehold- 
 ers making such affidavit, when the facts charged therein 
 shall not be proved by such investigation. 
 
 § 2. Upon the said justice becoming satisfied that any o 
 of the moneys of such town or incorporated village are ^ 
 being unlawfully or corruptly expended and being ap- 
 
60 
 
 propriated to purposes to which they are not properly- 
 applicable or are improvidently squandered or wasted, 
 he shall forthwith grant an order restraining and pro- 
 hibiting such unlawful or corrupt expenditure, appropri- 
 ation, squandering or waste of such moneys, under pen- 
 anlty for disobedience of fine or imprisonment, or both, 
 in the discretion of the court. 
 
 § 3. This act shall take effect immediately.] 
 
 [CHAP. 514— Laws of 1875.] 
 
 whentnis- SECTION 1. Upou the application in writing of not 
 determine less than twenty -five electors, inhabitants of any incor- 
 
 to 6l6Ct & ■ 1 ■ T ■ ■ 
 
 poijcejus- porated village in this State, in which no provision now 
 exists for the election of a police justice, the board of 
 trustees of such village may determine, by resolution to 
 be entered in their minutes of proceedings, that a police 
 justice shall be elected for such village ; and if they shall 
 so determine, the electors of the village may, at their 
 then next annual election, or at a special election to be 
 called for the purpose, and to be conducted in the same 
 manner as the annual election, choose a police justice, 
 
 and^qu?!- who shall be a resident elector of the village, and shall 
 
 "^ '"'■ enter upon the discharge of his duties as soon as he shall 
 
 be duly notified of his election, and shall take and file in 
 
 Termoi the office of the village clerk the constitutional oath of 
 oflice, and a bond with sureties in such sum as the board 
 of trustees shall prescribe, and to be approved by such 
 board, conditioned for the faithful performance of his 
 oflicial duty. Such police justice shall hold his oflBce 
 until the 31st day of December in the third year succeed- 
 ing his election. Thereafter the term of such office shall 
 be three years, commencing with the first day of Janu- 
 ary ; and at the annual charter election next preceding 
 the expiration of a regular term, a police justice shall be 
 elected on the same ticket with other elective village offi- 
 cers. Whenever a vacancy shall occur in the office of such 
 
 Vacancy. poUce justice, it shall be filled by appointment to be 
 made by the board of trustees ; and the person thus ap- 
 
61 
 
 pointed shall hold his office till his successor, who shall 
 be chosen at the next annualelection, for the unexpired 
 portion of the term, shall have taken and filed the con- 
 stitutional oath of office and bond as hereinbefore pro- 
 vided. 
 
 § 2. [1876. J Such police justice shall have, within the 
 village in which he shall have been elected or appointed, ]^°ri8dic-°'°"^ 
 and in cases where the alleged crime or misdemeanor has 
 been committed within such village, exclusive jurisdic- 
 tion, except as hereinafter provided, to issue all warrants, 
 hear and determine all complaints, and to conduct all 
 examinations and trials in criminal cases, that may now 
 by law be had by a justice of the peace, or before a court 
 of special sessions ; and shall have the same power and 
 jurisdiction in such criminal cases, which justices of the 
 peace now have by law, or which may hereafter be con- 
 ferred upon justices of the peace, by law, and shall have 
 exclusive jurisdiction in all cises of violations of ordin- 
 ances of the village of which he is police justice. He 
 shall also have authority to administer oaths in verifica- 
 tion of accounts and claims against the village, but shall 
 have no other civil jurisdiction. He shall receive for his salary, 
 services an annual salary to be fixed by the board of 
 trustees, which shall not be increased or decreased dur- 
 ing his 1 erm of office, but shall not retain to his own use 
 any cop.'s or fees. Said justice shall be subject to the 
 same liabilities, and his judgments and proceedings may 
 be reviewed in the same manner and to the same extent 
 as now by law provided in case of justices of the peace. 
 It shall be the duty of the several justices of the peace of 
 the town in which such village is wholly or partially sit- 
 uated, during the sickness, absence from the village, or 
 inability to act, of the said police justice, or during a 
 vacancy in said office, to render the same services and 
 perform the same duties, and they shall be entitled to 
 receive the same fees therefor as though no police justice 
 had been elected or appointed in such village. But it 
 shall not be lawful for said justices of the peace to make 
 any charge against such village, or the town or county 
 
Becords. 
 
 62 
 
 in which the same is situate, for services rendered in or 
 respecting criminal cases, trials or examinations in such 
 Tillage, or where the subject matter thereof arose in such 
 village, except as hereinbefore stated, during the sick- 
 ness, absence from the village or inability to act of the 
 said police justice, or during a vacancy in said office. 
 
 § 3. It shall be the duty of the said police justice to 
 provide a suitable book, and therein to enter and keep a 
 record of the several complaints made before him, in 
 which a warrant or other process for the arrest of any 
 person accused shall be granted, and of all cases in which 
 the offender or person accused shall be brought before 
 him without process ; which record shall contain, under 
 the proper date, a brief statement of the names of the 
 parties, the nature of the offense charged, the action of 
 the said police justice thereon ; and an accurate account 
 of all fines, penalties and costs imposed and collect- 
 ed by him, or which may be ordered to be paid by any 
 Report, offender. And annually, at least two weeks before the 
 time appointed for holding the charter election of said 
 village, and oftener when required by resolution of the 
 board of trustees, he shall make a report in writing, to 
 the clerk of the village of all fines, penalties and costs 
 imposed and collected by him ; and the same day on 
 which he shall make such report he shall pay over to the 
 treasurer of such village all fines, penalties and costs in 
 his hands belonging to said village. The provisions of 
 this act shall not apply to any village in the county of 
 Madison. 
 
 [CHAP. 201— Laws 1879. J 
 
 j.e(?aiizing SECTION 1. Every justice of the peace in this State 
 ixUng°i.'oSd who is required to execute and file a bond by chapter 
 tydaysfew. one hundred and seven of the laws of eighteen hundred 
 and seventy-eight, shall upon executing and filing a 
 bond as required by the said act, within sixty days after 
 the passage of this act, be entitled to hold his said oflice, 
 and discharge the duties thereof during the remainder of 
 
63 
 
 the term for whicli he was elected or appointed, and all 
 of his official acts are hereby declared to be as valid and 
 of the same effect as though he had executed and filed 
 said bond within the time stated in said act ; provided 
 that nothing in this act shall affect any suit now pending. 
 § 2. This act shall take effect immediately. 
 
 [CHAP. 219— Laws 1878.] 
 
 [Section 1. [1878.] Any act, ordinance, resolution, 
 by-law, rule or proceeding of the common council of a 
 city, or of the board of trustees of an incorporated vil- 
 lage, or of a board of supervisors of any county within 
 this State, and any recital of occurrences taking place at 
 the sessions of any thereof, may be read in evidence on 
 any trial, examination or proceeding, whether civil or 
 criminal, either from a copy thereof certified by the 
 clerk of the city, village, common council or board of 
 supervisors, or from a volume printed by auhority of the 
 common council of the city, or board of supervisors of 
 the county.] 
 
 ARTICLE FOURTH. 
 
 Section 1. The authorities of any incorporated vil-jj,^j^pj 
 lage in this state may hereafter organize into a board of ^'g«j^^°^- 
 water commissioners in the manner by this act provided. 
 
 § 2. For the purposes of this act, said authorities are ^y^o ^ay 
 hereby defined to be, in villages, the board of trustees organize, 
 thereof. The terms of office of said commissioners shall 
 respectively continue for the terms for which said au- 
 thorities shall be, or shall have been, respectively elected. 
 
 § 3. Whenever a majority of said authorities, in a 
 village, shall deem it advisable to organize as a board otgmize. °^' 
 water commissioners, they shall certify the same in writ- 
 ing to the clerk of the village, who shall thereupon and 
 within five days thereafter, notify said authorities, in 
 writing, to attend a meeting to be held within five days 
 thereafter, for the purpose of organizing as a board of 
 water commissioners. At the time and place named in 
 
64 
 
 said notice, said authorities, or a majority of them, shall 
 
 ""'^' meet and organize by electing one of their number presi- 
 dent of the board. They shall also elect from their num- 
 ber a secretary and treasurer. Said board may make all 
 necessary rules and regulations for its government and 
 
 bond. the transaction of its business. The treasurer shall give 
 a bond with sufficient sureties for the faithful perform- 
 ance of the duties of his office, in such amount as may 
 be determined by the board of commissioners, to be ap- 
 pointed (approved ?) by said commissioners. 
 
 Duties. § ■*• •'■* shall be the duty of the commissioners to ex- 
 
 amine and consider all matters relating to supplying the 
 village with pure and wholesome water, and for that 
 purpose they shall have power to employ engineers, 
 surveyors and such other persons as shall be necessary 
 for that purpose ; and they shall adopt such plans as in 
 their opinion may be most feasible for procuring such 
 supply of water, and which shall embrace proper distri- 
 bution pipes and supplies for all streets and places where, 
 in their opinion, it shall be of interest to the villag«, and 
 shall ascertain the probable amount of money necessary 
 
 chase land to carry the same into effect ; and for that purpose they 
 shall have power to contract for and purchase, and take 
 by deed or other instrument under seal, in the name of 
 said village, all lands, tenements, hereditaments, rights 
 or privileges whatever, and situate at any place within 
 the county in which said village may be situated, which 
 may be required for the purpose, and to contract for the 
 execution of the work, or any part thereof, or the supply 
 of any necessary matei-ial ; and the commissioners, and 
 their agents and employees, are authorized to enter upon 
 any land or water for the purpose of making surveys, 
 and to agree with the owner of the property, real or per- 
 sonal, which may be required for the purposes of this 
 act, as to the amount of compensation to be paid such 
 owner, subject to a revision by the court upon applica- 
 tion by any three taxable inhabitants of the village. 
 
 § 5. [1879. J Before entering, taking or using any 
 lands for the purpose of this act, the said water commis- 
 
65 
 
 sioners shall cause a survey and map to be made of the 
 lands intended to be taken or entered upon for any of fandg^be 
 said purposes, by and on which the land of each owner '"■^™' 
 or occupant shall be designated, which map shall be 
 signed by the president of the said water commissioners 
 and their secretary, and be filed in the ofiice of the county 
 clerk of the county in which the said lands are situated ; 
 and upon such tiling said water commissioners, by any 
 of their officers, agents or servants may enter upon any 
 lands so designated for the purpose of prosecuting the 
 construction of their works. 
 
 § 6. In all cases where the said water commissioners 
 
 Prooeed- 
 
 shall be unable to agree with the persons owning or lia-v-in^^^Oja^^ 
 ing an interest in any lands, tenements or hereditaments »o la""**- 
 required for the purposes of this act, the supreme court, 
 at any special term thereof, held in the judicial district 
 in which said lands are situated, shall, on application of 
 said water commissioners, after ten days' written notice 
 personally served on such persons, or where such notice 
 cannot be personally served within the State, or such 
 persons are infants, or otherwise incapacitated from re- 
 ceiving personal notice, then by service in such manner 
 as the said court shall direct, appoint three disinterested 
 citizens of the county in which the said lands are situ- 
 ated, who shall be freeholders; as commissioners of as- 
 sessments, to determine the damage sustained by each of 
 such persons, by reason of the taking or use of his or 
 her lands, tenements or hereditaments, for the purpose 
 of this act. Such commissioners of assessment shall take 
 the oath required by the constitution, and shall personal' 
 ly examine each parcel of land or other property proposed 
 to be taken or used, and shall estimate and report to said 
 court, at any term thereof held in the said judiolal dis' 
 ' trict, the several sums which will be a just oompensatiori 
 to such owners or persons interested, respectively, for 
 the appropriation to the purposes of this act, of any 
 property, rights or privileges that may be so required, 
 oir for the title or use of any such property. Such com- 
 missioners of assessment may examine witnesses upon -^ 
 
66' 
 
 hearings before them, and all evidence so taken shall ac- 
 company their report. Ten days' notice, in writing, of 
 the time and place of the presentation of said report shall 
 be given to the parties interested. On the presentation 
 of said report, the said court may confirm or amend the 
 same, or appoint new commissioners, who shall proceed 
 in like manner with the first commissioners, and whose 
 report shall be final, and shall be confirmed by said 
 court. Said commissioners of assessment shall receive, 
 from the said water commissioners, the sum of three dol- 
 lar j per day, each, for each day employed by them in 
 pe formance of their duties as above stated, together 
 with the amount which said commissioners of assessment 
 shall certify as correct, in their said report, for incidental 
 expenses connected with their work, including the prep- 
 aiation of their report. 
 
 § 7. Whenever any report of commissioners of assess- 
 conufsoized ment shall have been confirmed by said supreme court, 
 the said water commissioners may deposit, as said court 
 may direct, or pay to said owner or to such person or 
 persons as the court may direct, thesum mentioned in the 
 said report in full compensation for the property so re- 
 quired ; and thereupon the said village shall become 
 seized in fee of the property so required, and said com- 
 missioners and said village shall be discharged from all 
 claim by reason of any such appropriation or use. 
 
 § 8. The said commissioners shall have power, and it 
 shall be their duty, to borrow, from time to time, upon 
 the credit of the village, a sum not exceeding ten per 
 cent, of the assessed value of the real and personal estate 
 of the valuation of the village, as shall appear by the 
 then last assessment roll, upon such term of credit, not ex- 
 ceeding thirty years, and at rate of interest not exceeding 
 seven per cent, per annum, as shall seem to them for the 
 best interests of said village ; and to secure the payment 
 of said loan, said commissioners are authorized to make, 
 execute and deliver bonds, certificates or other obliga- 
 tions, which shall be signed by them, or any three of 
 them, as said commissioners ; which said bonds, certifl- 
 
67 
 
 cates or other obligations shall be made payable in such 
 respective amounts, and at such respective times, as such 
 commissioners shall deem best, and said bonds and the 
 interest thereon shall be a valid liability against said vil- 
 lage, and the credit of said village is pledged for the pay- 
 ment of the same ; and the said money so borrowed shall 
 be appropriated by said commissioners to supplying said 
 village v?ith water, agreeable with the provisions of this 
 act, but no such bonds, certificates or other obligations 
 shall be disposed of by such commissioners at less than 
 the par value thereof. 
 
 § 9. No bonds, certificates' or other obligations of in- ^^^^^ ^^ 
 debtedness shall be Issued by any board of commission- ^^f^^ 
 ers authorized by this act, until such commissioners shall 
 have filed, with the clerk of the county in which the vil- 
 lage shall be situated, their |omt and several bond, in the 
 sum of twenty thousand- dollars, with sureties, to be jus- 
 tified before and approved by the county judge of said 
 county, or a justice of the supreme court, and condi- 
 tioned for the faithful performance of the duties of such 
 commissioners ; and when the term of service of any such 
 commissioner shall expire he shall hold his ofiice as such 
 commissioner nntil new bonds shall be given by the board 
 of which his successor is to be a member, which bonds 
 shall be in similar form to those first issued, for a like 
 amount, and to be justified, approved and filed in a sim- 
 ilar manner. 
 
 § 10. Said commissioners shall have power to make contracts 
 all necessary contracts for labor and materials in the con^ eto.'^™''' 
 struction of the work, and all pertaining thereto ; which 
 said contract shall be in writing, signed by a majority of 
 the commissioners, and of which there shall be three 
 originals executed by the parties, which shall be num- 
 bered by the same number, one of which shall be given 
 to the contractor, one to the village clerk, which shall be 
 filed by said clerk with the records of said village, and 
 one retained by the commissioners ; and three weeks' 
 public notice shall be given in one or more newspapers 
 published in said village, or if no paper is published in 
 
Comtnls- 
 
 68 
 
 said village, then in one or more of the nearest newspa- 
 pers published in the county, as the commissioners shall 
 direct, of the times and places at which sealed proposals 
 will be received for entering into contracts, and the com- 
 missioners shall have full discretion as to the acceptance 
 or rejection of all sealed proposals ; and in case any ma- 
 terials and labor shall then remain uncontracted for, the 
 like notice for sealed proposals and like proceedings 
 may be had as above provided ; and so, from time to 
 time, as the said commissioners may direct, for work or 
 materials ; and every person who shall enter into any 
 contract for the supply of materials or the performance of 
 any work shall give satisfactory security to such com- 
 missioners for the faithful performance of his contract 
 according to its terms. 
 to'bltatCT- § 11- ^o commissioner shall be directly or indirectly 
 coatracta. interested in any contract relating to the work or mate- 
 rials therefor, nor in any work or materials for the work, 
 nor for any portion of the water works ; nor shall he 
 receive any compensation for his services, nor for any- 
 thing pertaining thereto. 
 §12. [1876.] The said commissioners, and all acting 
 soil under Under their authority, shall have the right to use the 
 
 SCr66tS *" 
 
 ground or soil under any street, highway or roads within 
 the county within which said village is situated, for the 
 purpose of introducing water into and through any and 
 all portions of said village, on condition that they shall 
 cause the surface of such street, highway or road to be 
 re-laid and restored to its usual state, and all damages 
 done thereto to be repaired, and such right shall be con- 
 tinuous for the pui-pose of repairing and relaying water 
 pipes upon like conditions. And the said commissioners 
 shall have the further power to contract with and sell to 
 any corporation, stock company or individual, without 
 the corporate limits of said vill^.ge, the right to make 
 connection with the distributing pipes of said village, for 
 the purpose of drawing water therefrom, at such prices 
 and on such conditions as, in the judgment of said com- 
 missioners, shall be for the best interests of said village. 
 
But no such right shall be granted or in any way en- 
 forced, when, by so doing, the supply for the wants or 
 necessities of said village shall thereby be curtailed. 
 
 § 13. The said commissioners shall establish a scale Eents for 
 of rents to be charged and paid to the commissioners 
 from time to time, either in advance or at such time and 
 times as the commissioners shall prescribe, for the sup- 
 ply of water, to be called "water rents," and appropri- 
 ated to different classes of buildings in said village, in 
 reference to their dimensions, values, exposure to fires, 
 ordinary or extraordinary uses for dwellings, stores, 
 shops, hotels, factories, livery stables, barns and all 
 other buUdings, establishments and trades, yards, num- 
 ber of families or occupants, or consumption of water, 
 as near as may be practicable, and from time to time, 
 either modify, amend, increasa or diminish such rents ; 
 and said commissioners and their respective employees 
 shall be authorized at all times to enter into any build- 
 ing or place where water is used from supply pipes, to 
 examine as to the water, quantity of water used, and the 
 manner of using it. 
 
 § 14. The connecting or supplying pipes leading from ^^ 
 the buildings or yards to the distribution pipes shall be p{P''f^''°'' 
 inserted and kept in repair at the expense of the owner 
 or occupant of the building or yard, and shall not be in- 
 serted or connected with the main pipe until a permit 
 therefor shall be obtained from said commissioners, or 
 other persons having charge thereof, and all such con- 
 necting or supply pipes shall be constructed ■ and con- 
 nected in the manner directed by said commissioners or 
 persons in charge. 
 
 § 15. The entire annual receipts for water rents, after 
 deducting therefrom such sums as may be necessary to ^'***'*"*' 
 defray the expenses of repairs of said water works, and 
 of extending the same, and other necessary expenses, 
 shall be applied toward the payment of the interest and 
 the loan hereinbefore authorized, and also toward the 
 creation of a sinking fund for the payment of the princi- 
 pal of said loan, as it shall from time to time become due 
 
70 
 
 and payable ; which sinking fund shall be managed by 
 said commissioners. No investment shall be made in be- 
 half of such sinking fund, except in the bonds of the 
 United States, of the State of New York, or of any city 
 of this State, and in the bonds, certificates or other obli- 
 ligations authorized to be issued by such village under 
 this act ; which last named bonds, certificates and obli- 
 gations, the commissioners may purchase at any time 
 when they shall have funds applicable, at prices not ex- 
 ceeding their par value, and when so purchased, said 
 bonds, certificates and obligations, shall not be reissued, 
 but shall be immediately cancelled. 
 
 § 16. In case the entire annual receipts for water 
 deflcifncy reuts, after deducting as in the preceding section provid- 
 in receipts. ^^^ giiall, in any year, not be sufficient to pay the inter- 
 est for that year on said loans, or in case in any year 
 when any of the principal of the loans secured by said 
 bonds falls due, the amount of said receipts for water 
 rents, after making said deduction, together with the 
 gum in the said sinking fund, shall not be suflScient to 
 pay said principal, and also the said interest falling due 
 that year, it shall be the duty of the board of trustees of 
 said village, and they are hereby directed to cause such 
 deficiency to be assessed, levied and collected from the 
 taxable property of said village at the same time and in 
 the same manner as other expenses of said village are 
 assessed, levied and collected, and the same shall be ap- 
 plied to the payment of such interest or principal, or both, 
 neport to § 17- The said commissioners shall annually, on the 
 siwemsora, g^g^ ^^y ^j -^^y j^ ^^^^ jeav, and at all such other times 
 
 as required by the board of supervisors of the county in 
 which said village is situated, deliver to said board of 
 supervisors a detailed statement of all their accounts, a 
 general statement of all their work, and condition of 
 their affairs aud state of finances, including a full detail 
 ot the amount expended in the progress of the work, and 
 ^ particular statement of any deficiency as to the water 
 rent in meeting the principal and interest of the sum bor- 
 rowed, as in the previous section hereinbefore referred 
 
71 
 
 to, and all books and papers of ^^ery kind and descrip- 
 tion kept by said commissioners, upon which are entries 
 of their transactions as such, shall, at all times, be sub- 
 ject to the inspection by said board of supervisors, and 
 by every elector of said village. 
 
 § 18. All judgments against said commissioners in judgments 
 their name of office, and judgments against them, where rammis- 
 the transaction upon which the action is brought shall ^^°°®"- 
 have been in the performance of their duties as commis- 
 sioners, shall not be enforced against the individual prop- 
 erty of either of the said commissioners. 
 
 § 19. The said commissioners shall have power, from ^^a^ong. 
 time to time, to make and establish s-uch by-laws, rules 
 and regulations, not inconsistent with the laws of this 
 State or of the United States, as they shall judge proper, 
 for the election of their officers, and as to the duties of 
 these officers and employees, and as to the means of en- 
 forcing said duties, and for the regulation of times and 
 manner of holding meetings of commissioners, and for 
 enforcing the collection of water rents and manner of 
 using water, and generally for transacting, managing and 
 directing the affairs of the commissioners, and may pro- 
 vide regulations as to the use of water, and enforce the 
 observance thereof by cutting off the use and supply of 
 water. 
 
 § 20. A violation of any of the provisions of this ^(^^ yioiMonot 
 by any of such commissioners shall be deemed a misde- ^^• 
 meanor. 
 
 § 21. At any time after the passage of this act, a.y^^^^j 
 meeting of the electors of any village may be called by |SobsSi 
 its board of trustees, upon notice published for two^**^^*"- 
 weeks in one or more weekly newspapers published in 
 said village, or if no newspaper be published in such 
 village, then in the nearest newspaper publisheji in the 
 county in which such village may be situated, and at 
 which the question will be submitted, whether the taxes 
 in this act authorized for the purposes aforesaid shall be 
 levied and collected from the village, as in this act pro- 
 vided ; and no commissioners shall proceed with any 
 
72 
 
 duties under this act, unless the majority of the voters 
 and of the tax-payers whose names appear upon the last 
 assessment roll of the village voting at such meeting shall 
 vote in favor of such taxes. Said vote shall be by ballot, 
 and there shall be written orprinted on the ballots of 
 those in favor of taxes, "For the water taxes," and on 
 the ballots of those opposed, "Against the water taxes." 
 The said board of trustees, or any of them, shall preside • 
 and certify the result of said meeting, and the village 
 clerk shall, within five days thereafter, serve each of said 
 commissioners with a certified copy of such certificate. 
 How ri hts § 2^- Whenever any corporation shall have been or- 
 a"^ pf°pe[- ganized under the laws of this State for the purpose of 
 raMons^'"' Supplying the inhabitants of any village with water, and 
 acquired, jj. g^^U bccome or be deemed necessary by the board of 
 water commissioners herein authorized to be created, 
 that the rights, |:rivileges, grants and properties of such 
 corporation shall be required for any of the purposes of 
 this act, the commissioners herein authorized to be crea- 
 ted shall have the power, and it shall be their duty, to 
 make, or cause to be made, a thorough examination of 
 the works, rights, privileges and properties owned or 
 held by such corporations, or any of them, and if such 
 commissioners shall determine that said works, rights, 
 privileges and properties are necessary for the purposes 
 of this act, they shall have the right to make application 
 to the Supreme Court, at a special term thereof, held in 
 the judicial district in which the works of such corpora- 
 tion are situated, for the appointment of three commis- 
 sioners oi appraisement, who shall be disinterested free 
 holders and residents of the county. Notice of such de- 
 termination and application must be served upon the 
 president and secretary of such corporation at least ten 
 days prior to the preaentatiou of any such application. 
 The court shall thereupon appoint the said commission- 
 ers of appraisement, whose duty it shall be to examine 
 and appraise the value of the works, rights, privi- 
 leges and properties required to be taken by the board 
 of water commissioners, and such commissioners of ap- 
 
73 
 
 praisement shall make a report in writing, of such exam- 
 ination and appraisement to said Court at a special term 
 thereof. Said report shall be verified by the oaths of 
 said commissioners ; they shall file a copy thereof with 
 the board of water commissioners, and they shall cause 
 a copy thereof to be served upon the president or secre- 
 tary of the company, whose rights and properties are the 
 . subject of such appraisement, with a notice of the time 
 and place of the presentation of said report for confirm- 
 ation. Such notice shall be served at least ten days 
 prior to the time when said report shall be presented for 
 confirmation. If objection be made to the confirmation 
 of said report, by said company, or by a water commis- 
 sioner, or if objection be made thereto by any three tax 
 payers of said village, the court may order a re-examin- 
 ation of said works and properties, and a re-appraise- 
 ment thereof ; and the court may make an order that 
 testimony be taken concerning the value of said works 
 and properties. Said re-examination and re-appraisement 
 shall be made, and said testimony shall be taken within 
 twenty days from the time when said order shall be 
 made, unless such time shall be extended by the court, 
 and upon the presentation of said second report, the 
 . court shall proceed to consider the same, and shall there- 
 upon confirm or reject the same. The compensation of 
 such commissioners shall be three dollars per day for 
 each day actually engaged, together with their actual 
 and necessary expenses, as adjusted by the court. The 
 awards made to the corporation whose rights and prop- 
 erties are so taken, shall be paid by the water commis- 
 sioners herein authorized to be created, from the proceeds 
 of bonds, certificates or other obligations, which are 
 hereby authorized to be issued by such commissioners 
 for such purpose, and thereupon all the rights, privi- 
 leges, works, franchises and properties owned by said 
 corporation, or held by it for its purposes, shall be vest- 
 ed in said village. 
 
 § 23. In the construction of any storage reservoir, Eesenroirs. 
 now being erected or hereafter to be erected within the 
 
74 
 
 limits of this State, for the purpose of supplying water 
 for the use of any city, town or village, all vegetable or 
 other matter subject to decay, shall be removed from the 
 banks thereof, between its highest and lowest possible 
 flow lines, or be covered by gravel or stone to prevent 
 any such decay and consequent injury to public health. 
 Limitation. § 24. The provisious of this act shall not apply to 
 any village wherein a board of water commissioners has 
 been created according to law. 
 
 ARTICLE FIFTH. 
 
 Water 
 works com- 
 pany. 
 
 Section 1. Any number of persans not less than 
 seven, may hereafter organize in any town or village of 
 this State a water works company, under the provisions 
 of this act. 
 §2. [1877.] Whenever any persons to the number of 
 tormed. seven or more shall organize for che purpose of forming 
 a water works company in any of the towns or villages 
 of this State, they shall present to the town or village 
 authorities an application, setting forth the persons who 
 propose to form said company, the proposed capital 
 stock thereof, the proposed number and character of the 
 shares of such capital stock, and the name or names of . 
 the streams, ponds, springs, lakes or other sources, and 
 their locations, from which water is to be supplied. Such 
 application shall be signed by the persons who propose 
 to form said company, and shall contain a request that 
 the said town or village authorities shall consider the 
 application of said company to supply said town or vil- 
 lage of this State, or the inhabitants thereof, with pure 
 Authorities and wholesome water. Upon the presentation of such 
 application, application, the authorities of any town or village, which 
 authorities are for the purposes of this act defined to 
 consist, for incorporated villages and towns, of the board 
 of trustees and supervisors, and for all other towns, of 
 the supervisor, justices of the peace, town clerk and 
 commissioners of highways. Said authorities shall, with- 
 in thirty days of the presentation of said application, 
 
75 
 
 determine by a vote of a majority of the authorities of 
 said town or village, whether said application shall be 
 granted ; and the authorities of any town or village in 
 this State are hereby authorized and empowered to make 
 such determination, and when the same shall be made, 
 to sign a certificate to that eifeot, and immediately trans- 
 mit the same to the persons making such application, or Duplicate 
 either of them. Duplicate certificates of such determin- to be mea. 
 ation shall be filed in the ofBce of the clerk of said town 
 or village, and in the office of the county clerk of the 
 county in which said town or village granting such appli- 
 cation shall be situated. The persons named in such 
 application shall thereupon meet and organize as a water 
 works company, under such corporate name as they may 
 select. They shall tile in the oflice of the Secretary of lecrmry ' 
 State a certificate of such organization. Said certificate °'^'*'*- 
 shall contain the name of the corporation, the names of .(yiiat to 
 the members of said corporation, and their residences, «°°**'°>*<'- 
 the amoiint of capital stock, and the, location of the office 
 of said company. Such certificate shall be subscribed and 
 sworn to by the president of said corporation, and shall 
 be attested by the secretary thereof. Upon the filing of 
 said certificate,' said water works company shall be 
 known and deemed a body corporate, and shall be capa- 
 ble of suing and being sued by the corporate name which 
 they shall have selected, in any of the courts of this 
 State. The capital stock of said company shall be paid ^^ j^^j 
 in in the manner and within the time provided by the !,'°f|jj'''*" 
 "Act to authorize the formation of corporations ' for 
 manufacturing, mechanical or chemical purposes," 
 passed February seventeenth, eighteen hundred and for- 
 ty-eight, and the several amendments thereto ; and the 
 stockholders of said company shall be personally liable 
 for the debts of said company in the same manner and 
 to the same extent as is provided by said act and the 
 amendments theretq ; and any company heretofore or 
 hereafter formed under the provisions of this act, or any and dimin- 
 special act, may increase or diminish its capital stock, ^ °'^°- 
 by complying with the provisions of this act, to any 
 
76 
 
 amount not exceeding in the aggregate two millions of 
 dollars, subject to the provisions and liabilities of this 
 conditions act. But before any company shall be entitled to dimin- 
 fodtofnu- ish the amount of its capital stock, if the amount of its 
 e'lOTkl' debts and liabilities, except such as are secured by a 
 mortgage upon its property and franchises, shall exceed 
 the amount of capital to which it is proposed to be re- 
 duced, such amount of debts and liabilities, except those 
 secured as aforesaid, shall be satisfied and reduced, so 
 as not to exceed such diminished amount of capital. 
 cS'£?°^" Whenever any company formed under this act or any 
 chaUge of Special act shall desire to call a meeting of the stockhold- 
 lempiaieSr ^^s for the purpose of increasing or diminishing the 
 *"• amount of its capital stock, it shall be the duty of the 
 
 trustees to publish a notice, signed by at least a majority 
 of them, in a newspaper in the county, if any shall be 
 published therein, at least three successive weeks, and 
 to deposit a written or printed copy thereof in the post- 
 ofiice, addressed to each stockholder, at his usual place 
 of residence, at least three weeks previous to the day 
 fixed upon for holding such meeting, specifying the 
 object of such meeting, the time and place when and 
 where such meeting shall be held, and the amount 
 proceed-™' ^° which it shall be proposed to increase or diminish 
 fngs. the capital ; and a vote of at least two-thirds of all the 
 shares of stock shall be necessary to an increase or di- 
 minution of the amount of its capital stock. If, at 
 the time and place specified in the notice herein provided 
 for, stockholders shall appear in person or by proxy, a 
 number representing not less than two-thirds of all the 
 shares of stock of the corporation, they shall organize 
 by choosing one of the trustees chairman of the meeting, 
 and also a suitable person for secretary, and proceed to 
 a vote of those present, in • person or by proxy, and if, 
 on canvassing the votes, it shall appear that a sufficient 
 number of votes has been given in favor of increasing or 
 diminishing the amount of capital, a certificate of the 
 proceedings, showing a compliance with the provisions 
 of this act, the amount of capital stock actually paid in, 
 
77 
 
 the whole amount of debts and liabilities of the company, 
 and the amount to which the capital stock shall be in- 
 creased or diminished, shall be made out, signed and 
 verified by the affidavit of the chairman, and be counter- 
 signed by the secretary, and such certificate shall be ac- 
 knowledged by the chairman, and duplicates thereof shall 
 be filed forthwith in the office of the clerk of said town 
 or village, and in the office of the county clerk of the 
 county in which said town or village shall be situated, 
 and when so filed, the capital stock of such, corporation 
 shall be increased or diminished to the amount specified 
 in such certificate, and the company shall be entitled to 
 the privileges and provisions, and be subject to the lia- 
 bilities of this act, as the case may be. 
 
 § 3. Said corporation shall have power to take and 
 hold real estate for the purpose of their corporation, and »'"'«". 
 may have, hold and occupy any of the waters of this 
 State ; provided, however, that nothing herein contained 
 shall be deemed to infringe upon any private right which 
 shall not have been the subject of an agreement and lease 
 or purchase by said corporation. Provided, that ^aid 
 company shall have no power to take or use water from 
 any of the canals of this State or any canal reservoirs as 
 feeders, or any streams which have been taken by the 
 State for the purpose of supplying the canals with water. 
 
 § 4. Any corporation organized under the provisions nay lay 
 of this act may, and they are hereby authorized and em- smfets" "'*' 
 powered to lay their water pipes in any streets or ave- 
 nues or public places, in any streets or avenues of an ad- 
 joining town or village, to the town or village where their 
 application shall have been granted. 
 
 § 5. Said corporations are authorized and empowered 
 to supply the authorities or inhabitants of any town or to supply 
 village where they may have organized, with pure and 
 wholesome water, at such rates and cost to consumers as 
 they shall agree upon. 
 
 § 6. Any person who shall maliciously or wilfully injuries to 
 destroy or injure any of the works or property of said J'^j'^ed?'' 
 company, or who shall maliciously or wilfully do any 
 
78 
 
 act which shall injuriously affect or tend to affect the 
 water of said company, shall be guilty of a misdemeanor, 
 and may be punished by a tine or imprisonment, or by 
 both fine aud imprisonment, in the discretion of the 
 court, and shall also forfeit and pay to the company 
 treble damages sustained thereby, to be recovered in 
 any court having cognizance thereof, with costs. 
 
 [CHAP. 415— Laws 1876.J Supplemental. 
 
 [Section 1. Whenever any company, formed under 
 the provisions of the act entitled "An act in relation to 
 the creation and formation of water works companies ift 
 towns and villages of this State," passed June 12tb, 1873, 
 shall have fully completed its organization as provided 
 by said act, and shall have made a contract with any 
 town or village, as provided by section five of said act, to 
 supply such town or village with pure and wholesome 
 water, the said company and its agents and employees 
 shall be authorized to enter upon any land or water for 
 the purpose of making surveys, and to agree with the 
 owner of the property, which may be required for the 
 purposes of the act to which this is a supplement, which 
 may be required for the purposes of said act, as to the 
 amount of compensation to be paid such owner, subject 
 to a revision by the court, upon application by any three 
 taxable inhabitants of the town or village. 
 
 § 2. Before entering upon, taking or using any land for 
 the purposes of the above recited act, the said company 
 shall cause a survey and map to be made of the lands 
 Intended to be taken or entered upon for any of the pur- 
 poses of the said act, by and on which the land of each 
 owner or occupant shall be designated, which map shaU 
 be signed by the president of the said company and its 
 secretary, and be filed in the office of the county clerk of 
 the county in which the said lands are situated ; and the 
 said company, by any of their officers, agents and serv- 
 ants, may enter upon any lands for the purpose of mak- 
 ing such survey or map. 
 
79 
 
 § 3. In all cases where the said company shall be un- 
 able to agree with the persons owning or having an inter- 
 est in any lands, tenements or hereditaments required for 
 the purposes of this act, the supreme court, at any special 
 term thereof held in the judicial district in which the 
 said lands may be situated, shall on application of the 
 said company, after ten days written notice, personally 
 served on such persons, or where such notice cannot be 
 personally served within this State, or such persons shall 
 be infants or otherwise incapacitated from receiving per- 
 sonal notice, then by service in such manner as the said 
 court shall direct, appoint three disinterested citizens of 
 the county in which the said lands are situated, who 
 shall be freeholders, as commissioners, to determine the 
 damage sustained by each of such persons by reason of 
 the taking or use of his or her lands, tenements or here- 
 ditaments for the puiposes of the above recited act. 
 Such commissioners shall take the oath required by the 
 constitution, of public officers, and shall personally ex- 
 amine each parcel of land or other property proposed to 
 be taken or used, and shall estimate and report to said 
 court, at any term thereof held in the said judicial district, 
 the several sums which they shall decide to be a just com- 
 pensation to such owners or persons interested, respect- 
 ively, for the appropriation to the purposes of this act of 
 any property, rights or privileges that may be so required, 
 or for the title and use of any such property. Such com- 
 missioners may examine witnesses upon hearings before 
 them, and shall have power to administer oaths to such 
 witnesses, and all the evidence they shall take shall ac- 
 company their report to the court. Ten days' notice, in 
 writing, of the time and place of the presentation of the 
 said report shall be given to the parties interested. On 
 the presentation of such report the said court may con- 
 firm or amend the same, or appoint new commissioners, 
 who shall proceed in like manner with the first commis- 
 sioners, and whose report, subject to amendment, as 
 aforesaid, shall be final, and shall be confirmed by said 
 court. Such commissioners shall receive from the said 
 
80 
 
 company the sum of three dollars per day each for each 
 day employed by them in the performance of their duties 
 as above provided, together with the amount which the 
 said commissioners shall certify, on their oaths, as correct, 
 in their said report, for incidental expenses connected 
 with their work, including the preparation of such report. 
 
 § 4. Whenever any report of such commissioners shall 
 have been confirmed by the said supreme court, the said 
 company may deposit, as said court may direct, or pay 
 to said owner or to such person or persons, as the court 
 may direct, the sum mentioned in the said report in full 
 compensation for the property so required, and thereup- 
 on the said company shall become seized in fee of the 
 property so acquired, and the said company shall be dis- 
 charged from all claim by reason of any such appropria- 
 tion or use. 
 
 § 5. All companies organized under this act or the 
 act to which this is supplementary, shall be subject to 
 the provisions of section twenty-two, of chapter one 
 hundred and eighty, of the laws of 1875.] 
 
 rCHAP. 317— Laws of 1879.] 
 
 [Section 1. The municipal authorities of the cities, 
 towns and villages of the State of New York, are hereby 
 authorized and empowered to carry out the provisions of 
 this act. 
 Heating as- § ^- "^^^ Corporation or association formed or organ- 
 sodations ized Under the act entitled "An act to authorize the form- 
 pipes, &c. ation of corporations for manufacturing, mining, mechan- 
 ical or chemical purposes," passed February seventeenth, 
 eighteen hundred and forty- eight, or under any of the 
 amendments to said act, or under the "Act to provide for 
 the organization and regulation of certain business cor- 
 porations," passed June twenty-first, eighteen hundred 
 and seventy-five, shall have full power to manufacture, 
 furnish and sell such" quantities of hot water, hot air, or 
 steam as may be required in the city, town or village 
 where the same shall be located ; and such corporation 
 
81 
 
 shall have power to lay pipes or conductors for conduct- conditions 
 ing hot water, hot air, or steam through the streets, ave- p''**"'^''^'^- 
 nues, lanes, alleys, squares and highways in "such city, 
 village or town, with the consent of the municipal au- 
 thorities of said city, town or village, and under such 
 reasonable regulations and conditions as they may pre- 
 scribe ; and whenever any such permission shall be 
 granted, it shall only be upon the condition that reason- 
 able compensation shall be paid therefor, and upon a 
 further condition that a satisfactory bond shall be given 
 to secure the city, town or village against all damages in 
 the use of said pipes. The amount of compensation, and u^n.'™^*' 
 the manner of its payment, and the amount of the bond, 
 shall be first fixed and determined by said municipal au- 
 thorities before any pipes, as provided for by this act 
 shall be laid in any city, town or village of this State, and 
 that all such permissions heretofore given by any of said 
 municipal authorities, where the above terms have been 
 complied with, are hereby confirmed. 
 § 3. This act shall take effect immediately.] 
 
GHZA-X^TEI^ II. 
 
 By-Laws and Oedinances. 
 
 In preparing a set of Village By-Laws or Ordinances, 
 regard must be had to some important points : 
 
 First : They must be authorized by the Act. [Ante 
 p. 20, et seq.] 
 
 Second : They must be adopted by the proper body, 
 and published as the statute requires. 
 
 [Ante p. 24, sub. 27.] 
 
 Third : They should prescribe • the penalty for their 
 violation, within the law. 
 
 fid : p 48-9, Sees. 6 and 7.] 
 
 Fourth : They must be reasonable, not oppressive, 
 and general in their application. 
 
 Perhaps it would be of greater practical utility, to ap- 
 pend a brief set of By-Laws, Rules and Ordinances, 
 which would be found sufficient for most of the smaller 
 villages of the state. These could be enlarged or mod- 
 ified, to meet the wants of increased popiilation, and 
 the establishment of fire and water companies. v 
 
 The following are submitted : 
 ^awe-^ffls" Section 1. A Police Constable of said village shall be 
 amies. annually appointed; and, in addition to the general 
 powers conferred upon him by law, he is hereby empow- 
 ered, and it shall be his especial duty, at all times, to 
 preserve public order, and to see that all the By-Laws, 
 Rules and Ordinances of said village, are properly en- 
 forced. 
 
83 
 
 § 3. N'oliorses, cattle, mules, sheep, goats, swine ofAnimuisat 
 geese, shall be permitted to run at ]arge in said village ; '"^'*''' 
 and the owner of any animals so permitted to run at 
 large, shall be liable to a penalty not exceeding ten dol- 
 lars for each offense. 
 
 § 3. No person shall place or cause to be placed, orobstrucune 
 keep or suffer to remain in any street or alley, any logs, **<*«"^**- 
 •timber, box, cask, stoneiS', planks, boards or other ar- 
 ticles or material whatever, so as to incommode or ob- 
 struct the free use or passage thereof; nor shall any 
 person place any such articles or materials on any side- 
 walk within said village, nor allow them to remain there. 
 Any person ofiending against the provisions of this 
 section, or either of them, shall forfeit and pay a penalty 
 of five dollars, and the further penalty of five dollars for 
 every twenty-four hours tl^at any street or sidewalk 
 shall be so obstructed ; but nothing contained in this 
 section shall prohibit persons from placing goods and 
 merchandise or household furniture on the sidewalks for 
 the purpose of loading or unloading the same, provided 
 it be done without any unreasonable delay. 
 
 § 4. Every owner or occupant of any house or other Snow on 
 
 sidew&lks 
 
 buildings, and every owner or person entitled to pos- 
 session of any vacant lot, and every person having the 
 charge of any church or other public building in this 
 village, shall, during the winter season and during the 
 time the snow shall continue on the ground, keep the 
 sidewalks in front of suph house, building or lot, free 
 from obstructions by snow ; and shall also, at all times 
 keep such sidewalks in a good and safe repair, and clean, 
 and free from all dirt, filth and weeds, or other obstruc- 
 tions or incumbrances ; and every person or persons 
 neglecting to comply with this section, shall forfeit and . 
 pay a penalty not exceeding five dollars for each such 
 neglect or refusal. 
 
 § 5. No person or persons shall, within the village, in 
 any manner fire, or in any manner assist in firing, any &«• 
 gun or guns, (whether large or small,) crackers, rockets 
 
Nuisances. 
 
 Nuisances. 
 
 84 
 
 or squibs, or throw or play with fire-balls or any other 
 ; fireworks charged with gunpowder or other explosive or 
 highly inflamable material, nor build any fire or fires in 
 any of the public streets of said village, or blow any horn 
 or horns, or make any improper noise which may disturb 
 the peace of said village in the day or night time. Pro- 
 vided that the provisions of this ordinance shall not ap- 
 jily to the day celebrated as the anniversary of American 
 Independence, and also provided that the doings of said 
 anniversary day of any of the above forbidden Acts, shall 
 be strictly under the directions and regulations of the 
 Board of Trustees of said village ; and any person who 
 shall be guilty of violating any of the prohibitions in this 
 section contained, and any person aiding or abetting such 
 violation, shall for each offense, forfeit and pay a penalty 
 not to exceed ten dollars. 
 
 § 6. No person or persons or corporation shall bring, 
 deposit or have within the limits of said village, any dead 
 carcass or other unwholesome substance, or any person 
 or persons, or corporation, who shall have on or about 
 his or their premises, any such substances, or any putrid 
 meat, fish, hides or skins of any kind, or any stagnant 
 water, may be required to destroy or remove the same; 
 and on default so to do the same may be removed or de- 
 stroyed by the pound master of said village ; and any 
 person or persons, or corporation, neglecting or refusing 
 to remove or destroy such substance, after a reasonable 
 notice so to do, shall be liable to the penalty set forth at 
 the end of this ordinance. And the Board of Trustees 
 may abate any nuisance within said village injurious to 
 the public health. Any person, company or corporation, 
 offending in any wise against the provisions of this 
 ordinance, shall forfeit to the said village, for each and 
 every such offense, the sum of not less than one dollar, 
 nor over twenty-five dollars. 
 
 § 7. It shall not be lawful for any person or corpora- 
 tion to throw upon or deposit, or cause to be put or come 
 upon or into any of the squares, streets or lanes of this 
 
85 
 
 pillage or the creek, or other waters, or under any bridge, 
 or in any public place, any dung, dead animals or putrid 
 meat, or iish. or slops, or the contents of any privy vaults, 
 or dirty water or nuisance of any kind, except that the 
 same be permitted by the Board of Trustees of the village, 
 under a penalty not to exceed ten dollars for each offense. 
 
 § 8. "No. person or persons, in a state of partial or swimming 
 total nudity shall bathe or swim in any creek, or other 
 public waters in the day time in said village. Any per- 
 son or persons offending in any wise against the provisions 
 of this ordinance, shall forfeit to said village for each 
 and every such offense, the sum of not less than two or 
 over five dollars. 
 
 § 9. No person shall in any wise injure or destroy guadetrees 
 any shade trees, or tie or hitch any team or horse or other 
 animal to any shade tree planted along the streets or 
 sidewalks in said village. And any person offending in 
 any wise against the provisions of this ordinance, shall 
 forfeit to said village for each and every such offense, a 
 sum not less than five nor more than twenty-fiVe dollars. 
 
 § 10. No person shall ride, drive, lead or place any . ^ 
 horse or other animal upon a sidewalk in said village, sidewaiss. 
 except to cross the same when necessary ; and no person 
 shall place or lead or permit to remain, any horse or any 
 other animal or animals upon the cross-walks in said 
 village. Any person offending in any wise against the 
 provisions of this ordinance, shall forfeit to said village, 
 for each and every such offense, the sum of not less than 
 one nor over ten dollars. 
 
 § 11. No Inn-keeper or other person shall permit o^,gtr^gt,ng 
 wagons, carriages, cutters, sleigh, sled, cart or other ^'™^'*- 
 vehicle, to remain in the streets in front of premises occu- 
 pied by such person, detached from the animal or animals 
 that respectively draw the same, for a longer period than 
 ten hours in succession, under a penalty not to exceed 
 five dollars for each and every offense. 
 
 § 12. No person or persons within said village shall, Kiotsic. 
 in any wise, aid, promote, or be engaged in any fight, 
 
86 
 
 riot, assault, breacli of the peace, disturbance or disord- 
 erly assembly r nor sliall keep, nor frequent any disord- 
 erly house, disorderly grocery or saloon, house of 
 assignation, or house of ill-fame in said Tillage. No 
 person shall be guilty of drunkenness, indecent exposure 
 of person, nor of any obscene or disorderly conduct in 
 any of the streets or parks or public places in said village. 
 And no person shall procure any disorderly person, or 
 common prostitute, to comeinto or remain in said village, 
 nor shall any disorderly person or common prostitute be 
 or remain in said village. Any person violating any of 
 the provisions of this ordinance, shall be liable to a pen- 
 alty, for every such offense, of not less than five, nor 
 more than one hundred dollars. 
 Selling In- § 13. No person sbalt sell or give away any v?ines or 
 drStal''"^ other intoxicating drinks, either by wholesale or retail, in 
 any street or square, or vacant lot, within said village. 
 Any person offending against any provision of this sec- 
 tion, shall forfeit a sum not to exceed twenty-five dollars 
 for each offenise. 
 
 Gambling. § 14. ' ft shall not be lawful for any person or persons 
 to keep open for use, any Inlliard table, nine or ten pin 
 alley, or gun alley, shuffle board, e. o, table, faro bank 
 or any other instrument of games within said village, 
 without having at the time a license from the Board of 
 Trustees to keep the same. And any person or persons 
 offending against either of the provisions of this section, 
 shall be liable to a penalty of twenty -five dollars for each 
 and every offense, and a further fine of twenty-five dollars 
 for every tweiity-four hours kept open after the first 
 conviction. 
 
 fuwi*e»- § ^^- ^° person or persons shall exhibit for money, 
 WbiapM. any theatrical representation, feats of horsemanship, 
 circus, Qaravan of animals, or any animals or artificial 
 curiosity, or other shows or exhibitions or performances 
 for money. In said village, without having first obtained 
 a license therefor from the Board of Trustees, and paid 
 ^ therefor for the use of the village, not less than two del- 
 
87 
 
 lars nor more than twenty-five dollars, at the discretion 
 of the officers granting the license. And every person or 
 persons who shall violate either of the provisions of this 
 section, shall forfeit the sum of twenty-five dollars for 
 each and every offense. 
 
 § 16. No person shall, withoutthe written permission pg^^^gggt^ 
 from a Trustee or Street Commissioner, dig or remove or ^"^'■''^'^*- 
 carry away, or cause the same to be done,, any stone, 
 earth, sand or gravel, from any public street, highway, 
 lane or public square in this village ; nor shall any per- 
 son without such permission, deposit any coal ashes, 
 stone or rubbish of any kind, in any of the public streets 
 of said village ; nor shall any person or persons under- 
 mine any of the public streets or lanes in said village by 
 digging upon their own lands adjacent thereto, thereby 
 causing the soil of said street to cave in and narrow the 
 same. Every person violating either of the provisions of 
 this section shall be liable to the penalty of not less than 
 two nor more than fifty dollars for each such offense. 
 
 § 17. No person shall write, print, publish or post 
 any obscene or indecent writing, picture, or print, in said pictures, 
 village ; and no person shall deface any post, wall, fence, 
 building or other surface with any obscene or indecent 
 mark, writing, picture or print. Any person offending 
 against the provisions of this section, shall forfeit a pen- 
 alty not less than five nor more than twenty-five dollars. 
 
 § 18. It shall not be lawful for persons to congregate congreKat- 
 upon the sidewalks or crosswalks of said village, or in the streeS &o. 
 streets of the same, in such manner as to obstruct the 
 same ; nor to disturb the peace and quiet of said village 
 by shouting or other improper noises ; nor to use vulgar, 
 obscene or indecent or profane language, in the presence 
 and hearing of citizens or other persons. Any person 
 offending against the provisions of this section shall for- 
 feit to said village a penalty not exceeding ten dollars. 
 
 § 19. It shall not be lawful for any person or persons g^,j pj^^. 
 to practice ball playing or other open or field sports ^°|°°f""^. 
 within said village, on Sunday ; nor to bat or throw balls, 
 
88 
 
 stones or other hard substances in the public streets of 
 said village, at any time. Any person violating the pro- 
 visions of this section shall be liable to the penalty of 
 not less than one nor more than ten dollars for each and 
 every offense. 
 
 § 27. It shaU not be lawful for the owner or occupant 
 of any real estate or premises in said village, to suffer 
 the sidewalk or sidewalks adjacent to and in front of the 
 same to become out of repair and in an unsafe and dan- 
 gerous condition. Any person offending against the 
 provisions of this section shall be liable to the penalty of 
 not less than two nor more than fifty dollars ; and to all 
 damages suffered by any persons' by reason of such neg- 
 lect. 
 
 Some of the Courts of the State of New York, follow- 
 ing the decision of a Western Court, hold the doctrine 
 that the lot owner is under no more obligatiqn to keep 
 the sidewalk in front of his premises in safe repair and 
 Sfree from snow and ice, than he is to repair and open the 
 traveled part of the street ; and that a by-law prescrib- 
 ing a penalty for suffering a sidewalk to be out of repair 
 or obstructed with snow and ice, cannot be enforced, un- 
 less expressly authorized by the Legislative act. 
 
 [18 Alb. Law Journal, 488 ; 
 7 N. Y. Weekly Digest, 560.] 
 
 The logic of the Court, as the law now stands, is un- 
 questionably sound ; but the position is fraught with so 
 piuch danger to municipalities, the writer is firmly of 
 the belief that the law on the subject will soon undergo 
 a change j hence, sees. 4 and 20, supra, are allowed to 
 stand. 
 
OH^IPTEI^ III. 
 
 UNION FREE SCHOOL LAW. 
 
 Appeals to the Superintendent of Public Instruction, 
 and the Rules of Practice on appeals. 
 
 • TITLE IX, OF THE Act eelating to Public In- 
 
 .STEUCTIOBT. 
 
 Section 1. Whenever fifteen persons entitled to vote 
 at any meeting of the inhabitants of any school district 
 in the state, shall sign a call for a-meeting, to be held 
 for the purpose of determining whether a union free 
 school shall be established therein, in conformity with 
 the provisions of this title, it shall be the duty of the 
 trustees of such district, within ten days after such call 
 shall have been presented to them, to give public notice 
 that a meeting of the inhabitants of such district, entitled 
 to vote thereat, will be held for such purpose as afore- 
 said, at the school-house, or other more suitable place, 
 in such district, on a day and at an hour in such notice 
 to be specified, not more than twenty days after the pub- 
 lication of such notice. If the trustees shall refuse to wnen su- 
 give such notice, or shall .neglect to give the same for ent 'Say^' 
 twenty days, the superintendent of public instruction ^ ^* °° "' 
 may authorize and direct any inhabitant of said district 
 to give the same. The qualifications of the inhabitants, gj*"""*- 
 entitled to vote at such meetings as now by law ex- voters. 
 pressed, shall be suflSciently set forth in the notice afore- 
 said. 
 
90 
 
 ForinatiQn *§ 2. Whenever sucli district shall correspond wholly 
 i?ee°ch"ooi3 or in part with an incorporated village, in which there 
 [ed?uK shall be pulished a daily or weekly newspsper, the no- 
 tice aforesaid shall be given by posting at least five cop- 
 ies thereof, severally in various conspicuous places in 
 said district, at least twenty days prior to such meeting, 
 and by causing the same to be published once a weeli for 
 three consecutive weeks before such meeting, in all the 
 In other newspapers published in said district. In other districts 
 districts, the said notice shall be given by posting the same as 
 aforesaid, and in addition thereto, the trustees of such 
 district shall authorize and require any taxable inhabit- 
 ant of the same to notify every other inhabitant (quali- 
 fied to vote as aforesaid) of such meeting to be called as 
 aforesaid, who shall give such notification in the manner 
 and subject to the penalty prescribed in the case of the 
 formation- of a new school district by title seven of this 
 act. 
 Expense of § 3. The reasonable expense of such notices, and of 
 how paid, their publication and service, shall be chargeable upon 
 the district, in case a union free school is established by 
 the meeting so convened, to be levied and collected by 
 the trustees, as in cases of taxes now levied for school 
 purposes ; but in the event that such union free school 
 shall not be established, then the said expense shall be 
 chargeable upon the inhabitants signing the call, jointly 
 and severally, to be sued for if necessary in any court 
 having jurisdiction of the same. 
 
 Union free *§ 4. Whenever fifteen persons, entitled as aforesaid, 
 
 schools of „ T j> ± -,. • ■ -M- • •.,,.. 
 
 two or more irom each of two or more adjoining districts, shall unite in 
 
 districts M cj 7 
 
 a call for a meeting of the inhabitants of such districts, to 
 determine whether such districts shall be consolidated by 
 the establishment of a union free school therefor and 
 therein, it «hall be the duty of the trustees of such districts, 
 or a majority of them, to give like public notice of such 
 meeting, at some convenient place within such districts, 
 
 *Aa amended by sec. 1, chap. BO, Laws of 1876. 
 *A3 amended by sec. 15, chap. 647, Laws of 1865, 
 
91 
 
 and as central as may be, within the time, and to be pub- 
 lished and served in the manner set forth in the second 
 section of this title, in each of such districts. .The reas- 
 onable expenses of preparing, publishing and serving 
 such notices -shall be chargeable upon the union free 
 school district, and be collected by tax, if a union free 
 school shall be established pursuant to such call, but 
 otherwise the signers of the call shall be jointly and sev- 
 erally liable for such expenses. The superintendent of 
 public instruction may order such meeting under the 
 conditions and in the manner prescribed in the first sec- 
 tion of this title. 
 
 t § 5. Any such meeting, held as aforesaid, shall be Meetings, 
 organized by the appointment of a chairman and secre-ijied.""^^*"" 
 tary, and may be adjourned from time to time, by a ma- 
 jority vote, provided that such adjournment shall not be 
 for a longer period than ten days, and . whenever any journeVtea 
 such meeting, at which not less than fifteen persons enti-*^*^^' 
 tied to vote thereat, shall, by the afiirmative vote of a 
 majority present and voting, determine to establish a 
 union free school in said district, pursuant to such notice, vote to ae- 
 it shall thereupon be lawful for such meeting to proceed to union 
 
 (^ A free school. 
 
 to the election, by ballot, of not less than three, nor more 
 than nine trustees, who shall, by the order of such meet- 
 ing, be divided into three several classes ; the first to 
 hold until one, the second until two, and the third until Election of 
 three years from the second Tuesday in October coinci- |™^^^5a of 
 dent with or following, except in the cases in the next^^"*"®- 
 section provided for ; and when the trustees so elected 
 shall enter upon their office, the office of any existing 
 trustee or trustees shall cease, except for the purposes 
 stated in section eleven of title six of this act. The said Board ot 
 trustees and their successors in office shall constitute the how consti- 
 board of pducation of and for the union free school district " " ' 
 for which they are elected, and the designation of such 
 
 district as u&ion free school district number , of the 
 
 town of , shall be made by the school commissioner 
 
 tAs amended by sec. 3, cbap. 50, Laws of 1876. 
 
92 
 
 Copies of 
 proceeid- 
 iDgs to be 
 certified 
 and filed. 
 
 Boards of 
 education 
 created 
 todies cor- 
 porate. 
 
 having jurisdiction of the district ; and the said board 
 shall have the name and style of the board of education 
 
 of (adding the designation aforesaid); copies of said 
 
 call, minutes of said meeting or meetings, duly certified 
 by the chairman and secretary thereof, shall be by them, 
 or either of them, transmitted and deposited, one to and 
 with the town clerk, one to and with the school commis- 
 sioner or commissioners in whose jurisdiction said dis- 
 tricts are located, and one to and with the superintendent 
 of public instruction ; but when at any such meeting the 
 question as to the establishment of a union free school 
 shall not be decided in the affirmative as aforesaid, then 
 all further proceedings at such meeting, except a motion 
 to reconsider or adjourn, shall be dispensed with, and no 
 such meeting shall be again called within one year there- 
 after. 
 
 *§ 6. Whenever said board of education shall be con- 
 stituted for any district or districts whose limits corres- 
 pond with those of any incorporated village or city, the 
 trustees so elected shall, by the order of such meeting, 
 be divided in three several classes : the first class to serve 
 until one, the second until two, and the third until three 
 years after the day of the next charter election in such 
 village or city, and their regular term of service shall be 
 computed from the several days of such charter elections, 
 and not from the second Tuesday in October. And there- 
 after there shall be annually elected in such villages and 
 cities, by separate ballot, to be endorsed "school trus- 
 tees," in the same manner as the charter officers thereof, 
 trustees of the said union free schools to supply the 
 places of those whose terms by the classification afore- 
 said are about to expire. 
 
 *§ 7. The said boards of education are hereby sever- 
 ally created bodies corporate, and each shall, at its first 
 meeting, and at each annual meeting thereafter, elect one 
 of their number president. They may, with the advice 
 
 *NOTK.— In relation to election of officers In flistrlcts having more than 300 children of 
 school age, see chap. 248, Laws of 1878, In the Appendix of the School Code. 
 
 *As amended br chap. 161, Laws of 1877. This section (7) does not apply to the towns 
 of Cortlandt and White Plains, Westchester county. 
 
93 
 
 and consent of a majority of the legal voters entitled to 
 vote on questions of taxation, to be had at an annual ^totmlnt 
 meeting of the inhabitants, appoint a clerk to the board. "'' *'"■ 
 Such appointed clerk must be a resident of the district, 
 and a person other than a trustee or a teacher in the em- 
 ploy of the board. The clerk so appointed shall be the 
 general librarian of the district, and also perform all the 
 clerical and other duties pertaining to his office. ForSaianr. 
 his services he shall be entitled to receive a salary, which 
 which shall not be greater than twenty-five cents a year 
 for each scholar, to be computed from the actual average 
 daily attendance for the previous year, as set forth in 
 the annual report to the school commissioner, or less, as 
 in the best judgmeht of said legal voters to be had 
 at such annual meeting ; such consent and approval 
 not to be for a longer period of time than one year. In ^itswe^ 
 case no provision is made at an annual meeting of the viiuges!'* 
 inhabitants for the appointment and payment of a clerk, meDt'oi 
 then and in that case the board will appoint one of their and coueot 
 
 or f or< 
 
 own number to act as clerk. In districts other than those 
 whose limits correspond with those of any city or incor- 
 porated village, said board shall have power to appoint 
 one of the taxable inhabitants of their district treasurer, 
 and, another collector of the moneys to be raised within 
 the same for school purposes, who shall severally hold 
 such appointments during the pleasure of the board. 
 Such treasurer and collector shall each, and within ten 
 days after notice in writing of his appointment, duly, 
 served upon him, and before entering upon the duties of etc!"^ "'' 
 his office, execute and deliver to the said board of edu- 
 cation a bond, with such sufficient penalty and sureties as 
 the board may require, conditioned for the faithful dis- 
 charge of the duties of his office. And in case such bond vacancies, 
 shall not be given within the time specified, such office® 
 shall -thereby become vacant and said board shall there- 
 upon, by appointment, supply such vacancy. 
 
 § 8. The corporate authorities of any incorporated vil- 
 lage or city, in which any such union free school shall 
 
94 
 
 be established, shall have power and it shall be their 
 duty, to raise, from time to time, by tax, to be levied 
 upon all the real and personal property in said city or 
 village, as by law provided for the defraying of the 
 expenses of its municipal government, such sum or sums 
 as the board of education established therein shall de- 
 clare necessary for the furtherance of any of the powers 
 vested in them by law. The sums so declared necessary 
 shall be set forth in a detailed statement in writing, 
 addressed to the corporate authorities by the board of 
 education, giving the various purposes of anticipated 
 expenditure, and the amount necessai-y for each ; and 
 the said corporate aiithorities shall have no power to 
 withhold the sums so declared to be necessary for teach- 
 ers' wages and the ordinary contingent expenses of sup- 
 porting the school or schools of said district. 
 
 § 9. In case the corporate authorities shall refuse to 
 provide for any or all of the other purposes of expendi- 
 ture declared necessary in the statement aforesaid, they 
 shall communicate in writing to the said board of educa- 
 tion their objections to each and every expenditure which 
 they refuse to allow, and thereupon the said board of 
 education shall cause the said communication to be pub- 
 lished six times in at least one paper published or circu- 
 lating in such district, and the said corporate authorities 
 may, at any time, reconsider their action in. refusing to 
 allow such expenditures, or any of them, or may allow 
 such other sums for any or all of such expenditures as 
 the board of education in any subsequent or modified 
 statement may recommend. The annual meeting of the 
 board of education of every union free school district 
 shall be held on the third Tuesday of October in each 
 year. 
 Powers of 8 10. A maiority of the voters of any union free 
 
 annual and o j j ^ 
 
 meefln a ^^^^^^^ district Other than those whose limits correspond 
 with an incorporated city or village, present at any annual 
 or special district meeting, duly convened, may author- 
 ize such acts, and vote such taxes as they shall deem 
 
95 
 
 expedient for making additions, alterations or improve- 
 ments to or in the sites or structures belonging to the 
 district, 'or for the purchase of other sites or structures, 
 or for the erection of new buildings, or for buying 
 apparatus or fixtures, or for paying the wages of teachers 
 and the necessary expenses of the school, or for such 
 other purpose relating to the support and welfare of the 
 school as they may, by resolution, approve ; and they 
 may direct the moneys so voted to be levied in one sum, 
 or by installments ; and the board of education shall 
 make out their tax list, and attach their warrant thereto, 
 in the manner provided in article seven of title seven of 
 this act, for the collection of school district taxes, and 
 shall cause such taxes or such installments to be collect- 
 ed at such times as they shall become due. 'No vote to 
 raise money shall be rescinded, nor the amount thereof 
 reduced at a subsequent meeting, unless the same be 
 done within ten days after the same shall have been first 
 voted. 
 
 § 31. Any moneys required to pay teachers' wages in^^u moneys 
 a union free school, or in the academical department bytl/,^^®'^ 
 thereof, after the due application of the school moneys raw mi!'^ 
 thereto, shall be raised by tax, and not by rate bill. 
 
 § 12. Every union free school district shall, for all the Every such 
 purposes of the apportionment and distribution of school ^if^f(U3. 
 money, be regarded and recognized as a school district. "^°'' 
 
 § 13. The said board of education of every union free|5J^ft|'J„_ 
 school district shall severally have power : powers. 
 
 1. To pass such by-laws as they may deetn Proper ^^j^^^^g 
 for the regulation and exercise of their lawful business ^ly-ia^s- 
 and powers. 
 
 2. To establish such rules and regulations concerning to regmate 
 the order and discipline of the school or schools, in theor &« 
 
 •. -. •. ' I. 1 -I school. 
 
 several departments thereof, as they may deem necessary 
 to secure the best educational results. 
 
 3. To grade and classify the school or schools of the^o^^Jf^e 
 district, and to regulate the admission of pupils and their "y- 
 
96 
 
 transfer from one class or department to another, as their 
 scholarship shall warrant. 
 '^"PJ^ ^ A. To prescribe the text-books to be used in the 
 
 Bcribe atid ^ 
 
 textbooks, schools, and to compel a uniformity in the use of the 
 same, and to furnish the same to pupils out of any 
 moneys provided for that purpose. 
 charge of 5. To take charge and possession of the school-houses, 
 ttea'™^^"^ sites, lots, furniture, books, apparatus, and all school 
 property within their respective districts ; and the title 
 of the same shall be vested respectively in said board of 
 education, and the same shall not be subject to taxation 
 for any purpose. 
 TO hold 6. To take and hold for the use of the said schools 
 rea es a e. ^^ ^^ ^^^ departuient of the same, any real estate trans- 
 ferred to it by gift, grant, bequest or devise, or any gift, 
 legacy or annuity, of whatever kind, given or bequeath- 
 ed to the said board, and apply the same or the interest 
 or proceeds thereof, according to the instructions of the 
 donor or testator, 
 anfoadem- "^^ '^° ^SiVe iu all respects the superintendence, man- 
 ment!^''*'^'' agement and control of said union free schools, and to 
 establish in the same an academical department whenever 
 in their judgment the same is warranted by the demand 
 for such instruction; to receive into said union free 
 schools any pupils residing out of said districts, and to 
 regulate and establish the tuition fees of such non-resi- 
 dent pupils in the several departments of said schools ; 
 provided, that if such non-resident pupils, their parents 
 or guardians shall be liable to be taxed for the support 
 of said schools in the districts, or either of them, on 
 account of owning property therein, the amount of any 
 such tax paid by a non-resident pupil, his parent or 
 guardian, shall be deducted from the charge for tuition ; 
 to provide fuel, furniture, apparatus, and other neces- 
 saries for the use of said schools, and to appoint such 
 librarians as they may from time to time deem necessary. 
 To contract *8. To Contract with and employ qualified teachers 
 
 with and r ^ i 
 
 employ »^ amended by section 17, chapter 647, Laws of 1865. 
 
97 
 
 in the several departments of instruction, in all not less teachers 
 than one for every fifty pupils attending such schools ; them!""°^'^ 
 to remove them at any time for neglect of duty or for 
 immoral conduct, and to pay the wages of such teachers 
 out of the moneys appropriated for that purpose. 
 
 9. To till any vacancy which may happen in said canciL^fn 
 board by reason of the death, removal or refusal to serve "'^ *'°°'''''" 
 of any member or officer of said board ; and the person 
 
 so appointed in the place of any such member of the 
 board shall hold his office until the next election of . 
 trustees, as by this act provided. 
 
 10. To remove any member of their board for official ^0™™°^^^^ 
 misconduct. But a written copy of all charges made of "'^ '>°'"^'^- 
 
 'such misconduct shall be served upon him at least ten 
 days before the time appointed for a hearing of the same ; 
 and he shall be allowed a full and fair opportunity to 
 refute such charges before removal. 
 
 11. And generally to possess all the powers and priv- to hare an 
 
 ., ■ -, ? ,. ■^, , ■ , . . ^ . power of 
 
 lieges, and be subject to all the duties m respect to theirusteesot 
 schools, or the common school departments in any imion mow and^ 
 free school in said districts, which the trustees of com- o'/o^ae- 
 mon schools now possess or are subject to, not incon- 
 sistent with the provisions of this title ; and to enjoy, 
 whenever an academical department shall be by them 
 established, all the immunities and privileges now enjoy- 
 ed by the trustees of academies in this state. 
 
 § 14. In unibn free school districts other than those May can 
 whose limits correspond with any city or incorporated meetSlgs. 
 village, the board of education shall have power to call 
 special meetings of the inhabitants, in the manner pro- 
 vided in section six of title seven of this act, for calling 
 special meetings of districts by trustees, and they shall 
 give notice of the time and place ot holding the annual Saf 
 school district tiieeting, which shall be held on the second "««''■=«• 
 Tuesday of October in each year. 
 
 § 15. It shall be the duty of the board at the annual poTeBti''^' 
 meeting of the district, besides any other report or state- JSa^to" ''" 
 ment required by law, to present a detailed statement in meeting. 
 
98 
 
 writing of the amount of money which will be required 
 for the ensuing year for school purposes exclusive of the 
 public moneys, specifying the several purposes for which 
 it wiU be required, and the amount for each, but nothing 
 su^t state- in this section contained shall be construed to prevent 
 
 ment at any ,,,„ . -i,, ,., 
 
 time. the board from presenting such statement at any special 
 meeting called for the purpose, nor from presenting a 
 supplementary and amended statement or estimate at 
 any time. 
 Kitonta § 16- After the presentation of such statement, the 
 tbereupon. question shall be taken upon voting the necessary taxes 
 to meet the estimated expenditures, and when demanded 
 by any voter present, the question shall be taken upon 
 each item separately, and the inhabitants may increase 
 the amount of any estimated expenditures or reduce the 
 same, except for teachers' wages, and the ordinary con- 
 tingent expenses of the school or schools. 
 
 Krd may § ^'^- ^^ *^^ inhabitants shall neglect or refuse to vote 
 withcmt the sum or sums estimated necessary for teachers' wages, 
 inhabft^"* after applying thereto the public school moneys, and. 
 ^^^' other moneys received or to be received for that purpose, 
 provided such estimate shall be for no more than one 
 teacher for each fifty pupils attending such school, or if 
 they shall neglect or refuse to vote the sum or sums 
 estimated necessary for ordinary contingent expenses, 
 the board of education may levy a tax for the same, in 
 like manner as if the same had been voted by the inhab- 
 itants. 
 tendenTto § 1^. If any question shall arise as to what are ordi- 
 qSion'as ^^^^Y Contingent expenses, the same may be referred to 
 "comta-*™ tli*^ superintendent of public instruction, by a statement 
 pease*/' in writing, signed by one or more of each of the opposing 
 parties upon the question, and the decision of the super- 
 intendent shall be conclusive. 
 ^°",^*° § 19- It shall be the duty of each of the said boards 
 
 meet once o . j 
 
 quarter °^ education, elected pursuant to the provisions of this 
 title, to have a regular meeting at least once in each 
 quarter, and at such meetings to appoint one or more 
 
committees, to visit every or schooldepartment under the visit 
 supervision of said board, and such, committees shall ^'"'°'"^' ®"'' 
 visit all said schools at least twice in each quarter, and 
 report at the next regular meeting of the board on the 
 condition and prospects thereof. 
 
 § 20. It shall also be the duty of said" boards, re-Expendi- 
 spectively, to have reference in all their expenditures mSney. 
 and contracts to the amount of moneys which shall be 
 appropriated, or subject to their order or drafts, during 
 the current year, and not to exceed that amount. And 
 said boards shall severally apply all the moneys appor- 
 tioned to the common school districts under their charge, 
 to the departments below the academical; and all 
 moneys from the literature fund or otherwise, appropri- 
 ated for the support of the academical department, to 
 the latter departments. 
 
 § 21, All moneys raised for the use of the union free Moneys to 
 schools in any city or incorporated village, or apportion- iSo^viiiage 
 ed to -the same from the income of the literature, common treSy. 
 school or United States deposit funds, or otherwise, shall 
 be paid into the treasury of such city or village, to the 
 credit of the board of education therein ; and the funds 
 so received into such treasury shall be kept separate and 
 distinct from any other funds received into the said 
 treasury. And the officer having the charge thereof shall 
 give such additional security for the safe custody thereof 
 as the corporate authorities of such city or village shall 
 require. No money shall be drawn from such funds, Jfej^s^^ 
 credited to the several boards of education, unless in 
 pursuance of a resolution or resolutions of said board, 
 and on drafts drawn by the president and countersigned 
 by the secretary, payable to the order of the person or 
 persons entitled to receive such money, and stating on 
 their face the purpose or service for which such moneys . 
 have been authorized to be paid by the said board of 
 education. 
 
 § 22. All moneys raised for the use of said union freepaymeM, 
 schools, other than those whose limits correspond with ment™ana 
 
100 
 
 accounting those of any cities and incorporated villages, or appor- 
 Sone?r' tioned from the income pf the literature or common 
 school or United States deposit funds, or otherwise, shall 
 be paid to the respective treasurers of the said several 
 boards of education entitled to receive the same, and be 
 by them applied to the uses of said several boards, who 
 shall annually render their accounts of all moneys re- 
 ceived and expended by them for the use of said schools, 
 with every voucher for the same, and certified copies of 
 all orders of the said board touching the same, to the 
 ' school commissioner of the town in which the principal 
 school-house of the district is located. 
 Academi- § 23. Every academical department, established as 
 ment aforesaid, shall be under the visitation of the regents of 
 regents, the University, and shall be subject, in its course of edu- 
 cation and matters pertaining thereto (but not in refer- 
 ence to the buildings or erections in which the same is 
 held), to all the regulations made in regard to academies 
 by the said regents. In such departments the qualifica- 
 tions for the entrance of any pupil shall be as high as 
 Sms'or" those established by the said regents for participation in 
 pupils. j.]jg literature fund of any academy of the state under 
 
 their supervision. 
 May adopt § Sf4. Whenever a union free school shall be estab- 
 academy, lished Under the provisions of this title, and there shall 
 
 procedure 
 
 therefor, exist within its district an academy, the board of educa- 
 tion, if thereto authorized by a vote of the voters of the 
 district, may adopt such academy as the academical de- 
 partment of the district, with the consent of the trustees 
 of the academy, and thereupon the trustees, by a resolu- 
 tion to be attested by the signatures of the officers of the 
 board, and filed in the office of the clerk of the county, 
 shall declare their offices vacant, and thereafter the said 
 academy shall be the academical department of such 
 union free school. 
 
 su^eriS-'" § ^^" Every union free school district, in all its de- 
 J™le°tj^/ partments, shall be subject to the visitation of the super- 
 strucuon. inteudeut of public instruction. He is charged with the 
 
JUL 
 
 101 
 
 general supervision of its board of education and their^ 
 management and conduct of all its departments of in- 
 structioH. And every board of education shall annually, Board snaii 
 between the first and fifteenth day of October, make, tonuaiiyto 
 
 .. ,. ..,.. -, 1 • ■ \-, school com- 
 
 tne commissioner having jurisdiction, and deposit m the »isBioner. 
 town clerk's office, a report for the preceding school 
 year, of all matters and things which trustees of a school 
 district are required to report, and of all such other 
 matters and things as the superintendent shall, from 
 time to time, require ; and shall also, whenever thereto 
 required by the superintendent of public instruction, Sent' 
 report fully to him upon any particular matter or thing ; Seci^i'^"* 
 and such reports shall be in such form, ajid so authenti-"'"^'' 
 cated, as the superintendent shall, from time to time, 
 require. 
 
 § 26. For cause shown, and after giving notice of the supenn- 
 charge and opportunity of defense, the superintendent may re- 
 
 * u^^ ■ ► *• V * I. -.move any 
 
 of public instruction may remove any member of a board member oi 
 
 •^ '' •' the hoard. 
 
 of education. Willful disobedience of any lawful re- 
 quirement of the superintendent, or a want of due dili- 
 gence in obeying such requirement, is cause of removal. 
 
 § 27. The provisions of this title shall apply to all This tuie 
 union free schools heretofore organized pursuant to the schools es- 
 provisions of chapter four hundred and thirty- three of under tse 
 the laws of eighteen hundred and fifty-three. 
 
 II. 
 
 APPEALS TO THE SUPERINTENDENT OF PUB- 
 Lie INSTRUCTION. 
 
 TITLE XII OF THE Act belating to Public Instruc- 
 tion. / 
 
 Section 1. Any person conceiving himself aggrieved ^ny person 
 in consequence of any decision made : mayappeai. 
 
 1. By any school district meeting ; From what. 
 
 2. -By any school commissioner or school commission- 
 ers and other officers, in forming or altering, or refusing 
 to form or alter, any school district, or in refusing to 
 
103 
 
 apportion any school moneys to any such, district or part 
 of a district ; 
 
 3. By a supervisor in refusing to pay any such moneys 
 to any such district ; 
 
 4. By the trustees of any district in paying or refus- 
 ing to pay any teacher, or in refusing to admit any 
 scholar gratuitously into any school ; 
 
 ibw- 5. By any trustees of any school district library con- 
 cerning such library, or the books therein, or the use of 
 such books ; 
 Ibid. 6. By any district meeting in relation to the library ; 
 Ibid. 7. By any other official act or decision concerning any 
 other matter under this act, or any other act pertaining 
 to common schools, may appeal to the superintendent of 
 - public instruction, who is hereby authorized and requir 
 superin- ^^ ^^ examine and decide the same ; and his decision 
 decmon' shall be final and conclusive, and not subject to question 
 final. Qj. review in any place or court whatever. 
 
 Power of § 2. The superintendent, in reference to such appeals, 
 tendent. shall have power : 
 
 1. To regulate the practice therein ; 
 
 2. To determine whether an appeal shall stay pro- 
 ceedings, and prescribe conditions upon which it shall or 
 shall not so operate ; 
 
 3. To decline to entertain, or dismiss, an appeal, when 
 it shall appear that the appellant has no interest in the 
 matter appealed from, and that the matter is not a mat- 
 ter of public concern, and that the person injuriously 
 affected by the act or decision appealed from is incom- 
 petent to appeal ; 
 
 4. To make all orders, by directing the levying of 
 taxes or otherwise, which may, in his judgment, be 
 proper or necessary to give effect to his decision. 
 
 superin- § 3. The Superintendent shall file, arrange in the order 
 Saifflie of time, and keep in his office, so that they may be at all 
 papers, ^jm^g aocessible, all the proceedings on every appeal to 
 him under this title, including his decision and orders 
 aeoMon founded thereon ; and copies of all such papers and pro- 
 
103 
 
 ceedings, authenticated by him under his seal of office, maybeat- 
 Bha,ll be evidence equally with the originals. S!^*^ 
 
 III. 
 RULES OF PRACTICE ON APPEALS. 
 
 EFLES EBSPECTIWG APPEALS* 
 
 1. An appeal must be in writing, addressed "To the 
 .Superintendent of Public Instruction," and signed by 
 the appellant. When made by the trustees of a district, 
 it must be signed by all the trustees, or a reason must be 
 given for the omission of any, verified by the oath of 
 the appellant, or of some person acquainted with such 
 reason. 
 
 2. A copy of the appeal, and of all the statements, 
 maps and papers intended to be presented in support of 
 it, with the affidavit in verification of the same, must be 
 served on the officers whose act or decision is complained 
 of, or some of them ; or if it be from the decision or 
 proceeding of a district meeting, upon the district clerk 
 or one of the trustees, whose duty it is to cause inform- 
 ation of such appeal to be given to the inhabitants who 
 voted for the decision or proceeding appealed from. Im- 
 mediately after the service of such copy, the original, 
 together with an affidavit proving the service of a copy 
 thereof, and stating the time and manner of the service 
 and the name and official character of the person upon 
 whom such service was made, must be transmitted to the 
 Department of Public Instruction, at Albany. If an 
 answer is received to an appeal which has not been 
 transmitted to the department, such appeal will be dis- 
 missed. 
 
 3. Such service must be made and the original sent to 
 the department within thirty days after the making of 
 the decision or the performance of the act complained of, 
 or within that time after the knowledge of the cause of 
 complaint came to the appellant, or some satisfactory 
 excuse must be rendered, in the appeal, for the delay. 
 
104 
 
 4. The party on whom the appeal was served must, 
 within ten days from the time of such service, answer the 
 same, either by concurring in a statement of facts with 
 the appellant, or by a separate answer. Such statement 
 and answer must be signed by all the trustees or other 
 officers whose act, omission or decision is appealed from, 
 or a good reason on oath must be given for the omission 
 of the signature of any of them. Such answer must be 
 verified by oath, and a copy served on the appellants or 
 some one of them. 
 
 6. So far as the parties concur in a statement, no oath 
 will be required to it. But all facts, maps or papers, 
 not agreed upon by them and evidenced by their signa- 
 ture on both sides, must be verified by oath. 
 
 6. All oaths required by these regulations may be 
 taken before any person authorized to take the acknowl- 
 edgment of deeds, or to take affi^davits. 
 
 7. A copy of the answer, and of aU the statements, 
 maps and papers intended to be presented in support of 
 it, must be served upon the appellants, or some one of 
 them, within ten days after service of a copy of the 
 appeal, unless further time be given by the State Super- 
 intendent, on application, in special cases ; but no repli- 
 cation or rejoinder shall be allowed, except by permission 
 of the State Superintendent ; in which case such replica- 
 tion and rejoinder shall be duly verified by oath, and 
 copies thereof served on the opposite party. 
 
 8. Proof of the service of copies of the appeal, answer 
 and all other papers intended to be used on the hearing 
 of such appeal, must, in all cases, accompany the same. 
 
 9. When any proceeding of a district meeting is ap- 
 pealed from, and when the inhabitants of a district gen- 
 erally are interested in the matter of the appeal, and in 
 all cases where an inhabitant might be an appellant had 
 the decision or proceeding been the opposite of that 
 which was made or had, any one or more of such inhab- 
 tants may answer the appeal, with or without the trus- 
 tees. 
 
105 
 
 10. Where tlie appeal has relation to the alteration or 
 formation of a school district, it must be accompanied 
 by a map, exhibiting the site of the school-house, the 
 roads, the old and new lines of districts, the different 
 lots, the particular location and distance from the school- 
 houses of the persons aggrieved, and their relative dis- 
 tance, if there are two or more school-houses in question. 
 Also, a list of all the taxable inhabitants in the district 
 or territory to be affected by the question, showing in 
 separate columns the valuation of their property, taken 
 from the last assessment roll, and the number of children 
 between five and twenty-one belonging to each person^ 
 distinguishing the districts to which they respectively 
 belong. 
 
 11 . An appfeal of itself no longer stays proceedings. 
 If the party desires such stay, he should ask for it. 
 The superintendent will grant a stay, or not, as in his 
 judgment it may be proper, or may subserve the interests 
 of either party, or the public. 
 
 12. . The decision of the superintendent in every case 
 will contain the order or directions, necessary and proper 
 for giving effect to his decisions. 
 
 Remark : 
 
 The foregoing rules apply to appeals in common 
 school districts, as well as in union free school districts. 
 Every appeal should he entitled, according to the sub- 
 ject matter of the appeal. 
 
 For example: 
 
106 
 
 "Depabtment of Public Instruction of the Statb 
 OF New York : 
 
 In the matter of an appeal 
 from the 
 Action of a school meeting held in j 
 School (or union free school) Dis- 
 trict No. — , in the town of , I Before the Superin- 
 
 qounty of , N. Y. , on the / tendent. 
 
 day of , 18 — . 
 
 John Doe, Appellant, 
 
 vs. 
 
 Richard Roe, Trustee, Respondent./ 
 
 Petition of Appeal." 
 
 Here follows the petition, which must always be veri- 
 fied ; and the original must be sent to the department 
 with proof of service on all parties respondent, attached 
 thereto, or written thereon. 
 
 Proof of all facts complained of should be made full 
 and explicit, and such as would be held competent in a 
 court of justice. 
 
 The ANSWER to the petition should be entitled the same 
 as the petition itself, be verified and served, and the 
 original with proof of service be sent to the department. 
 
 If additional time to file the petition or answer is de- 
 sired, application should be made to the superintendent, 
 stating the reasons for such extension. 
 
 The practice' in this department is regular, though not 
 generally very well understood. 
 
 If an appeal has been taken upon any subject to the 
 superintendent, and decided by him, it is too late to take 
 that same matter into the courts ; for the law makes his 
 decision final 
 
 So, if a matter has been taken into the courts, trfore 
 an appeal to the superintendent, he will not afterward 
 interfere with it. This appears to be a rule of the de- 
 partment. 
 
107 
 
 CHAPTER IV- 
 
 ASSESSMENT AND COLLECTION OF TAXES. 
 
 I. 
 
 PKOPEKTY LIABLE TO ASSESSMENT. 
 
 1 . AH EBAL ESTATE — including land, buildings, mines, 
 minerals, quarries, and all erections of. value, except 
 mines belonging to the state. 
 
 2. All PEKsoNAL PROPERTY — including household fur- 
 niture, moneys, goods, chattels, debts due from solvent 
 debtors whether on account, contract, note, bond or 
 mortgage, public stocks and stocks in monied corpora- 
 tions. 
 
 IL 
 
 EXEMPTIONS. 
 
 1. All property exempt from execution. 
 
 2. State or United States' lands, and property ex- 
 empted by the constitutions of either. 
 
 3. Public school buildings, churches, court-houses, 
 poor-houses, etc. 
 
 4. The personal property of every minister, or priest, 
 and his real estate, when occupied hy Mm, provided such 
 real and personal estate do not exceed fifteen hundred 
 dollars in value. 
 
 5. The real and personal property of every public 
 library, literary or charitable institution. 
 
 6. The personal estate of every incorporated company 
 made liable by law to taxation on its capital. 
 
 III. 
 
 WHERE AND HOW TO BE ASSESSED. 
 
 1. In the town or ward where the person resides, for 
 all land owned and occupied by him, (or wholly unoccu- 
 pied.) 
 
 2. Land occupied by a person not the owner, may be 
 assessed to the owner, or occupant, or as ^'■non-resident 
 lands y 
 
108 
 
 3. Unoccupied lands, not owned by a resident, shall 
 be denominated "lands of non-residents," and be assess- 
 ed by the name, if known, of the tract, or by boundaries 
 as provided by statute. 
 
 4. "When a town or ward line divides a tract or lot, if 
 occupied, it shall all be assessed where the occupant 
 resides ; if unoccupied, then each section shall be assess- 
 ed on the side where it lies. 
 
 5. A man's personal estate must be assessed to him 
 where he resides, — including all personal held by him in 
 trust, etc. 
 
 6. The real estate of incorporated companies is assess- 
 ible where it lies : their personal estate liable to taxation 
 is assessible at the place where the principal business 
 ofl&ce is located. 
 
 IV. 
 
 WAEKANTS. 
 
 Collectors should be careful to return their warrants 
 for the collection of taxes within the time prescribed by 
 law, as such return is not infrequently a necessary step 
 in the subsequent proceedings to be taken by municipal 
 and other authorities, to enforce the collection of unpaid 
 taxes. 
 Remark : 
 
 The limits prescribed to this volume, render it only 
 necessary to give the general principles of law upon the 
 subject of "assessment and collection of taxes ;" for they 
 are the only ones of practical value in towns and villages. 
 
 That taxes are unjustly and unequally distributed 
 under the present laws, every observing man must be 
 aware ; and future legislation on this subject will be 
 watched for with interest. 
 
 CHAPTER V. 
 
 INABILITIES OF MUNICIPAL CoEPOEATIONS FOE InJUEIES 
 
 resulting feom defective streets and 
 Side- Walks. 
 Municipal corporations are the creatures of statute, 
 
109 
 
 without whicli they have no existence and consequently 
 no liability. The liability of a body created by statute, 
 must be determined by a true interpretation of that 
 statute. 
 
 I. 
 
 To maintain an action against a municipal corporation 
 on the ground of negligence, two things must concur : 
 
 1. An IMPERATIVE DUTY must be imposed by the 
 creative statute. 
 
 2. That IMPERATIVE DUTY must be shown to have 
 been wJiolly neglected, or negligently performed. 
 
 Shearman and Redfield on negligence, sees. 119-124, 
 
 148, 385 and note : 
 Mayor of Albany v. Cunliff, 2 Comst., 165: 
 Peck V. Village of Batavia, 32 Barb., 634-45 : 
 Cole V. Village of Medina, 27 Barb., 218: 
 Herrington v. Village of Corning, 51 Barb., 396: 
 
 II. 
 
 The law imposes two classes of duties upon corporate 
 authorities : 
 
 1. MiNisTEEiAL ; or those which the statute com- 
 mands. 
 
 2. Judicial; or those which the statute ^erwizY^. 
 The former are imperative and must be performed, or 
 
 liability attaches. The latter rest in discretion, and may 
 be performed, or not, as the corporate authorities see fit. 
 There is no liability for non-performance of a judicial 
 duty; but if the authorities decide to act, then the 
 judicial duty must be well and skilKully done, in order 
 to escape liability for negligence. 
 
 Under the permission of the statute, the corporate au- 
 thorities may undertake a public improvement, or not, 
 in their discretion. There is no liability for not under- 
 taking it ; but when once undertaken, it must be well 
 and skillfully made, and kept in safe repair, or the cor- 
 poration will be liable both for the negligent and unskill- 
 
no 
 
 ful construction, and for suflFering suet improvement to 
 become dilapidated and unsafe, if injury results. 
 Wilson V. Mayor of N. Y., 1 Denio, 595 : 
 Conrad v. Village of Ithaca, 16 N. Y., 158 : 
 Davenport v. City of N. Y., 16 Abb., 341 : 
 Kocliester White Lead Co. v. City of Rochester, 3 
 
 Comst., 463: 
 Martin v. City of Brooklyn, 1 Hill, 545 : 
 Furze v. City of N. Y., 3 Hill, 612 : 
 Hutson V. City of IST. Y., 5 Seld., 163: 
 Mills V. City of Brooklyn, 32 N. Y., 480: 
 Barton v. City of Syracuse, 36 N. Y., 54 : 
 Kavanaugh v. City of Brooklyn, 38 Barb., 232 : 
 Clements v. City of Auburn, 4 Hun, 386 : 
 [As to the liability of commissioners of towns, see 
 Thompson on Highways, p. 65-7 : Garlinghouse v. 
 Jacobs, 29 N. Y., 297: See People ex rel. Loomisv. 
 Board of Town Auditors of the town of Little Val- 
 ley, 75 N. Y., 316 :] 
 
 III. 
 
 It is the duty of corporate authorities to keep their 
 streets in such repair, as that the ordinary and expected 
 travel of the locality may pass with reasonable ease and 
 safety ; and they cannot delegate this duty to third per- 
 sons, so as to escape liability for its violation. 
 2 Dillon on municipal corporations, §791-2, et seq. : 
 See McMahon v. Second Avenue R. R. Co., 75 N. Y., 
 
 231: 
 Sherman & Redfield on negligence §§ 133-149 : 
 Weed V. Village of Balston Spa., 76 N. Y., 329. 
 
 IV. 
 
 Sidewalks are held to be a part of the highway. In 
 the absence of a provision in the creative statute to the 
 effect that the owner of adjacent land shall keep his side- 
 walk in safe repair and free from snow and ice, such 
 owner has no greater duty in regard to keeping sidewalks 
 
'Ill 
 
 in repair, than he has in regard to other parts of the 
 highway, to-wit, the road bed. 
 
 A municipal ordinance, simply, which requires lot 
 owners, or occupants, to keep their sidewalks in repair, 
 does not create a cause of action against such owner or 
 occupant in favor of third persons who may be injured 
 thereon. It is only when the law itself imposes this 
 duty upon the owner or occupant, or when he is bound 
 to repair by reason of some contract which he has enter- 
 ed into, that he becomes liable to third persons for 
 injuries sustained, or liable to indemnify the corporation, 
 if sued for such injuries ; for the corporation is always 
 liable. 
 
 • Village of Fulton v. Tucker, 3 Hun., 529 : 
 Mackin v. Selkreg, 7 N. Y, W. Dig., 560 : 
 Flynn v. Canton Co., 17 Am. R.^ 603 : 
 Heenpy v. Sprague, 23 Am. R., 502 : 
 Grridley v. City of Bloomington, 18 Alb., L. J., 488 : 
 Hume V. Mayor, etc., of N. Y., 74 K Y., 264: 
 McGaffin v. City of Cohoes, 74 N. Y., 887 : 
 2 Dillon on Mu. Corporations, §§ 785-796 and notes : 
 Hutson V. New York, 5 Seld., 163 : 
 Weet V. Brockport,- 16 N. Y., 161 : 
 Conrad v. Ithaca, 16 N. Y., 159: 
 Diveny v. Elmira, 51 N. Y., 506 : 
 Hines v. Lockport, 50 N. Y., 236 : 
 Mosey v. City of Troy, 61 Barb., 580. 
 
 Remark : 
 
 The creative statute ought always to require owners or 
 occupants to keep their sidewalks in safe repair and free 
 . from snow and ice ; because it is impossible for the au- 
 thoritie'S to do it, in a large town, in time to avoid acci- 
 dents. 
 
 V. 
 
 An action grounded in negligence, sounds in tort. 
 To maintain such an action, the tort must be all on one 
 side. The plaintiff himself must be free from negligence 
 
112 
 
 on his own part ; for if he be guilty of any careless act, 
 or want of proper care, which contributes to his injury, 
 he cannot recover. The maxim of the law is, that he 
 who would recover on account of another's tort, must 
 himself be free from tort. He cannot be compensated 
 in damages, when he himself has contributed to his own 
 injury. This question of contributory negligence is 
 sometimes so plain under the pleadings or proof, as to 
 become a question of law to be decided by the court : in 
 such cases a non-suit should be granted. In other cases, 
 it is rendered doubtful by conflicting testimony ; in 
 which cases it becomes a question of fact, and should be 
 submitted to the jury. 
 
 Durkin v. City of Troy, 61 Barb., 437 : 
 
 Mosey v. City of Troy, 61 Barb., 580: 
 
 Gray v. Second Ave. R. R. Co., 65 N. Y., 561 : 
 
 Weed V. Village of Balston Spa., 76 N. Y., 329 : 
 
 Wilcox V. R., W. & Og. R. R. Co., 39 N. Y., 358: 
 
 Baxter v. Troy, etc. R. R. Co., 41 N. Y., 502 : 
 
 Baxter v. Sec. Ave. R. R. Co., 30 How. Pr., 219 : 
 
 Davenport v. Ruckman, 37 N. Y., 568 : 
 
 Burnhard v. Reus. & Sar. R. R. Co., 23 How. Pr,, 166; 
 
 Vale V. Bliss, 50 Barb., 358: 
 
 Bateman v. Ruth, 3 Daly, 378 : 
 
 Carolus v. Mayor, etc. of N. Y., 6 Bosw., 15 : 
 
 Clark V. City of Lockport, 49 Barb., 580: 
 
 Barker v. Savage, 45 N. Y., 191 : 
 
 Gillespie v. City of Newburgh, 54 N. Y., 468 : 
 
 Gonzales v. N. Y. & Harlem R. R. Co., IJ. & S., 57: 
 
 Belton V, Baxter, 54 N. Y., 245 ; and see 58 id., 411 : 
 
 Healy v. Mayor, etc. of N. Y., 3 Hun., 708 : 
 
 Ditchett V. S. D. & Port Morris R. R. Co., 5 Hun., 165 
 
 Milliman v. IS. Y. C. & H. R. R. R. Co., 6 T. & C, 585 
 
 Kuse V. N. Y., N. H. & Hartford R.R. Co., 67 Barb., 205; 
 
 Morrison v. N, Y. C. R. R. Co., 63 N. Y., 643 : 
 
 Twomley v. Railroad Co., 69 N. Y., 158 : 
 
 Dyer v. Erie Railway Co., 71 N. Y., 228 : 
 
 Roll V. Northern Cen. R. R. Co., 15 Hun., 496 : 
 
113 
 
 Rexter v. Starin, 73 N. Y., 601 : 
 
 O'Mara v. Del. & Hud. Canal Co., 18 Hun, 192 : 
 
 Koch V. Edgwater, 14 Hun., 544 : 
 
 See "Nevin v. Rocliester, 19 Alb. L. J., 315: 
 
 Peach V. Utica, 10 Hun.,* 477 : 
 
 Evans v. Utica, 69 N. Y., 166. 
 
 VI. 
 
 If obstructions are placed in the streets by third 
 parlies, without permission of the proper authorities, of 
 which the corporate authorities have either actual or 
 constructive notice, and such obstructions are left un- 
 guarded or unlighted in the night time, by reason of 
 which some one is injured, the corporation is liable for 
 that injury for not causing them to be removed. 
 
 But the corporation can recover over against the wrong 
 doer, for such judgment as has been recovered against, 
 and paid by, it. When sued, the corporate authorities 
 should notify such wrong doer to defend. 
 City of Rochester v. Montgomery, 72 N. Y., 65: 
 City of Troy v. R. R. Co., 49 N. Y., 657. 
 Robbins v. City of Chicago, 4 Wall, 657: 
 City of Lowell v. Short, 4 Cushing, 275. 
 
 CONCLUSION". 
 
 From the foregoing it will appear to be of the utmost 
 iniportance to every municipality, that the corporate 
 authorities be exceedingly vigilant as to the condition of 
 their streets and sidewalks. 
 
 No obstructions should be allowed to remain in the 
 one, nor defect to exist in the other. Without this vigi- 
 lance, no village or city in the state is safe from the 
 species of litigation which defective streets and sidewalks 
 engender. A large proportion of the suits brought 
 against municipal corporations, is for damages resulting 
 from such causes ; and it is a great deal easier and 
 cheaper to prevent, than to defend, them. Most people 
 who bring these suits, are impecunious ; and whether 
 
114 
 
 they win or lose, they saddle a bill of costs and expense 
 upon the corporation, which only vigilance on the part 
 of the proper officers will prevent. 
 
 CHAPTER VI. 
 
 FENCES — LINE FENCES — FENCE VIE WEE S, 
 STRAYS, DISTRAINING CATTLE, Etc., DOING 
 DAMAGE, Etc. ANIMALS AT LARGE IN HIGH- 
 WAYS, Etc. PROCEEDINGS, Etc. 
 
 I. 
 
 OP DIVISION AND OTHER FENCES — THE STATUTE. 
 
 [1 R. S. (6th Ed.) p. 841.] • 
 Division Section 43. "Where two or more persons shall hav<^ 
 maintatned. l^nds adjoining, each of them shall make and maintain 
 a just proportion of the division fence between them, 
 except the owner or owners of either of the adjoining 
 lands shall choose to let such land lie open. And, 
 wherever such adjoining lands one-half or more of which 
 are improved, shall be bounded by or upon either bank 
 emo direct of a Stream of water not navigable, the fence viewers of 
 cuyision"" the town, in which the same are situated, shall direct in 
 the manner hereinafter mentioned, upon which bank of 
 such stream, and where upon such bank, the division 
 fence shall be located, and the portion thereof to be kept 
 and maintained by each of such adjoining owners. 
 Fences in § ^- ^^^^^ two or more persons shall have lands 
 hoTm^n-^' adjoining, and not within the provisions of section f orty- 
 KfidS"' three as hereby amended, each of them- shall make and 
 ue'opBn!" maintain a just and equal proportion of the division 
 fence between them, except the owner or owners of 
 Keiunding either of the adjoining lands shall choose to let such 
 eiuun|°' lands lie open. If he shall afterward enclose it, he shall 
 inciosure refuud to the owner of the adjoining land a just propor- 
 tion of the value, at that time, of any division fence that 
 shall have been made and maintained by such adjoining 
 owner, or he shall build his proportion of such division 
 fence. 
 
115 
 
 § 45. Where two or more persons shall own lands 
 adjoining, in case either of them shall sell, convey or lands, 
 devise such lands, or any portion thereof, the owner of 
 any division fence that shall have been theretofore made 
 and maintained by him, shall not be deprived of his 
 interest therein in consequence of such sale, except so 
 far as it relates to the grantor ; and in all cases where 
 such sale or devise shall interfere with or affect the 
 division fences existing between such adjoinging owners 
 at the time of such sale, or on receiving such devise a 
 subdivision of such division fence shall then be made by 
 all the adjoining owners affected thereby, and each ad- 
 joining owner shall refund to the owner of the adjoining 
 land a just proportion of the value at the time of such 
 sale, or on receiving such devise, of any division fence 
 that shall have been theretofore made arid maintained 
 by such adjoining owner, or that shall have been made 
 and maintained by the persons from whom he received to ^le aecer- 
 
 "* ^ mined bv 
 
 such title, or the adjoining owner shall build his propor- fence ^ 
 tion of such division fence. The value of such fence, 
 and the proportion thereof to be paid by such person, 
 and the proportion of the division fence to be built by 
 him, shall be determined by any two of the fence viewers 
 of the town. ^ 
 
 § 46. Where a person shall have cleared or improved ^^^und*' 
 lands lying open, he shall refund to the owner of adjoin- exMing^"' 
 ing land which is also cleared or improved, a just pro- ^^^^^m 
 portion of the value, at th^ time this act shall take effect, Srienoe!"' 
 of any division fence that shall have been made and 
 maintained by such adjoining owner between such cleared 
 or improved lands, or he shall build his proportion of 
 such division fence. Whenever a subdivision or new ^^^JJ^'^I?" 
 apportionment of any division fence shall become neces- fe™ce°*to be 
 sary by reason of the transfer of the title of either of the^elii" 
 adjoining owners to the whole or any portion of theuae^^"' 
 adjoining lands by conveyance, devise, or descent, such 
 subdivision or new apportionment shall thereupon be 
 made by the adjoining owners affected thereby; and 
 
116 
 
 EeiuBding either adjoining owner shall refund to the other a just 
 
 exMng"' proportion of the value, at the time of such transfer of 
 
 fence. i\^Iq^ of any division fence that shall theretofore have 
 
 been made and maintained by such other adjoining 
 
 owner, or the person from whom he derives his title, or 
 
 he shall build his proportion of such division fence. 
 
 Value of The value of any fence, and the proportion thereof to be 
 
 how deter- P^^*^ ^^ ^^^ persou, and the proportion to be built by 
 
 mined. iiim^ shall be determined by any two of the fence viewers 
 
 of the town. 
 Any two § 47. If dispute arises between the owners of adjoin- 
 era to settle ing lands, concemiug the proportion or particular part 
 of fence to be maintained or made by either of them, 
 such dispute shall be settled by any two of the fence 
 viewers of the town. 
 
 § 48. When any of the above mentioned matters shall 
 
 be submitted to fence viewers, each party shall choose 
 
 one; and if either neglect, after eight days' notice, to 
 
 make such choice, the other party may select both. 
 
 Proceedings § 49. The feuce viewers shall examine the premises, 
 
 of fuDC6 
 
 viewers, and hear the allegations of the parties. In case of their 
 disagreement, they shall select another fence viewer to 
 act with them, and the decision of any two shall be final 
 upon the parties to such dispute, and upon all parties 
 holding under them. 
 
 § 60. The decision of the fence viewers shall be re- 
 duced to writing, shall contain a description of the fence, 
 and of the proportion to be maintained by each, and 
 shall be forthwith filed in the oflice of the town clerk. 
 
 defaS?.*" § ^^- -'■^ ^^y person liable to contribute to the erection 
 or reparation of a division fence, shall neglect or refuse 
 to make and maintain his proportion of such fence, or 
 shall permit the same to be out of repair, he shall not be 
 allowed to have and maintain any action for damages 
 incurred, but shall be liable to pay to the party injured 
 all such damages as shall accrue to his land, and the 
 crops, fruit trees and shrubbery thereon, and fixtures 
 connected with the said land, to be ascertained and ap- 
 
117 
 
 praised by any two fence viewers of the town, and to be 
 recovered with costs of suit ; which appraisment shall 
 be reduced to writing, and signed by the fence viewers 
 making the same, but shall be only prima facie evidence 
 of the amount of such damages. 
 
 § 52. If such neglect or refusal shall be continued for 
 the period of one month after request in writing, to make 
 or repair such fence, the party injured may make or 
 repair the same, at the expense of the party so neglect- 
 ing or refusing, to be recovered from him with costs of 
 suit. 
 
 § 53. If any person who shall have made his proper- Rights of 
 tion of a division fence shall be disposed to remove his^lifovlcer- 
 fence, and suffer his lands to lie open, he may do so, auSpermu' 
 provided such lands are not cleared or improved, at any open!'""" 
 time between the first day of November in any one year 
 and the first day of April following, but at no other 
 time, giving ten days' notice to the owner or occupant 
 of the adjoining land of his intention to apply to the adjoining 
 fence viewers ot the town for permission to remove his 
 fence : and if, at the time specified in such notice, any Fence view- 
 
 6rS to QGtGr" 
 
 two of such fence viewers, toi be selected as aforesaid, ™j,ie p™ 
 
 ' ' priety or 
 
 shall determine that such fence may, with propriety, be removal. 
 removed, he may remove the same. 
 
 § 54. If any such fence shall be removed without 
 such notice and permission, the party removing the same 
 shall pay to the party injured, all such damages as he 
 may sustain thereby, to be recovered with costs of suit. 
 
 § 55. Whenever a division fence shall be injured 0Vy^^^^^_ 
 destroyed by floods, or other casualty, the person bound Sdenuo 
 to make and repair such fence, or any part thereof, shall "^'^p^""- 
 make or repair the same, or his just proportion thereof, 
 within ten days after he shall be thereunto required by 
 any person interested therein. Such requisition shall be 
 in writing, and signed by the party making it. 
 
 § 56. If such person shall refuse or neglect to make 
 or repair his proportion of such fence, for the space of 
 ten days after such request, theparty injured may make 
 
118 
 
 or repair the same at the expense of the party so refus- 
 ing or neglecting, to be recovered from him, with costs 
 of suit. 
 Powers § ^"^^ Witnesses may be examined by the fence view- 
 f"esof fence ®^^ *^" ^^^ questions Submitted to them ; and either of 
 viewers, guch fence viewers shall have power to issue subpoenas 
 for, and to administer oaths to said witnesses, and each 
 fence viewer and witness thus employed shall be entitled 
 to one dollar and fifty cents per dieni ; such fence view- 
 ers or a majority of them, shall determine what propor- 
 tion thereof shall be paid by each of the parties interest- 
 ed in such division fence, and reduce their determination 
 to writing, and subscribe the same, and file it in the 
 office of the town clerk where such fence viewers shall 
 reside; the party refusing or neglecting to pay siich 
 fence viewers, or either of them, shall be liable to be 
 sued for the same with costs of suit. 
 In certain § 58, Whenever the electors of any town shall have 
 a^e^nouo' made any rule or regulation prescribing what shall be 
 be^recov- ^ggj^g^ ^ suflScieut fence in such town, any person who 
 shall thereafter neglect to keep a fence according to such 
 rule or regulation, shall be precluded from recovering 
 compensation in any manner for damages done by any 
 beast lawfully going at large on the highways, that may 
 enter on any lands of such person not fenced, in con- 
 formity to the said rule or regulation, or for entering 
 through any defective fence. 
 
 sufflcjeney § 59. When the sufficiency of a fence shall come in 
 question in any suit, it shall be presumed to have been 
 sufficient until the contrary be established. 
 
 11, 
 
 FENCE VIEWERS — WHO THET ARE. 
 
 "The ASSESSORS and commissioners of highways, 
 elected in every town shall, hy mrtue of their offices, 
 be fence viewers of their town." 
 
 [1 R. S. (6th Ed.) p. 824, sec. 4.] 
 
 «{ fence. 
 
119 
 III. 
 
 OF STRATS — THE STATUTE 
 
 [1 R. S (6th Ed.) p. 839.] 
 Sectioh* 30. Whenever any person shall at any time Note m 
 
 •> ^ •' writing to 
 
 have any strayed horse upon his enclosed land, or shall, l^^f^^"- 
 between the first day of November in any year, and the 
 first day of April thereafter, have any strayed neat 
 cattle or sheep upon his enclosed lands, such person 
 shall, within ten days after the coming of any such stray 
 thereon, deliver to the clerk of the town within which 
 such lands shall be, a note in writing containing the 
 name and place of abode of such person, and the age, 
 color and marks, natural and artificial, of each stray, as 
 near as may be. 
 
 § 81. If any person upon whose enclosed lands any conse- 
 such neat cattle, horses or sheep shall come, shall neg omlsSon? 
 lect to deliver such note in writing to the town clerk 
 within the time above required, he shall be precluded 
 from all the benefits of this article, and from all claim to 
 compensation for keeping such strays. 
 
 § 32. The town clerk, on the receipt of every such Dutv^of 
 note, shall enter the same at large in a book to be pro-cierk. 
 vided by him for that purpose ; for which entry he shall 
 receive six cents each for all neat cattle and horses, and 
 three cents for each sheep, to be paid by the person de- 
 livering the note. 
 
 § 38. The book in which such entries shall be madeiwd, 
 shall always be kept open for inspection ; and no fee 
 shall be taken by the clerk for any search therein. 
 
 § 84. The person delivering the note shall be entitled charges of 
 to receive therefor nine cents each for all neat cattle andgwnK such 
 horses, and three cents for each sheep described in the 
 note ; and he may detain such strays until the owner 
 thereof shall appear and pay such fees, together with the 
 fees paid or due to the clerk, and all reasonable charges 
 for keeping the stray ; such charges being first ascer- 
 tained by two of the fence viewers of the town, to be 
 
120 
 
 selected by the person claiming the same, in case he and 
 the owner of the stray can not otherwise agree. 
 Fees oi g 35_ Each fence viewer shall be entitled to receive 
 
 lence *^ 
 
 viewers. g}x cents f or every mile he shall be obliged to travel from 
 his house to the place where such strays are kept, and 
 twenty-five cents for a certificate of the charges, as 
 ascertained by him ; such fees to be paid by the owner 
 of the strays. 
 
 Proceedings § 36. Every person who shall deliver any such note, 
 
 are not and keep any stray described therein, shall, if the same 
 be not sooner claimed and redeemed, between the first 
 day of May and the twentieth day thereafter, give notice 
 to one of the fence viewers of the town, whose duty it 
 shall be to ascertain according to the best of his knowl- 
 edge and judgment the reasonable charges of keeping 
 such stray, a certificate whereof shall be given by him 
 to the person applying for the same. The fence viewer 
 shall be entitled to the like fees as above provided, to be 
 paid by the person applying for the certificate. 
 
 Sale of § 37. If no owner shall appear to claim such stray, 
 
 on or before the first day of May next after the making 
 of such entry, or if the owner shall refuse or neglect to 
 pay the sums charged on such stray, then the person 
 who shall have delivered such note and kept such stray 
 may proceed to sell the same by public auction to the 
 highest bidder. 
 
 Noticed g gg_ g^gjj person shall give at least twenty days' 
 previous notice of the time and place of such sale, by 
 advertisement, to be posted up at three of the most 
 public places in the town where the strays shall have 
 been kept. 
 
 Moneys § 39. Out of the moueys arising from such sale, he 
 
 jrom suoii shall retain for his own use the sum charged on such 
 
 s&Ig how 
 
 disiised of. strays for the aforesaid note in writing, entry and certifi- 
 cate, together with the sum specified in the certificate 
 for keeping such strays, and the like charges for such 
 sale as are allowed on sales under executions issued out 
 of Justices' courts. He shall pay the residue of said 
 
121 
 
 moneys, on demand, to the owner of the strays, if he 
 shall appear to demand the same. 
 
 § 40. If the owner shall not appear and demand theiwa. 
 residue of such moneys, within one year after the sale, 
 he shall be forever precluded from recovering any part 
 of such moneys ; and the aforesaid residue shall be paid 
 to the supervisor of such town, for the use of the town ; 
 and his receipt shall be a legal discharge to the keeper 
 of such strays. 
 
 § 41. If the person who shall have sold such strays, n>id- 
 shall not, within thirty days after the expiration of the 
 year, pay such residuary moneys to the supervisor of 
 the town, he shall forfeit to the town double the sum so 
 remaining in his hands, together with the amount of 
 such residuary moneys. ■ 
 
 § 42. Each of the cities of this state shall be consid- *^"*^ 
 ered towns for the purposes of this article.' 
 
 IV. 
 
 OF DISTRAINING CATTLE,' ETC., DOING DAMAGE — THE 
 STATUTE. 
 
 [3 R. S. (6th Ed.) p. 831. J 
 
 Section 1. When any distress shall be made of any ^^fl^fj,. 
 beasts doing damage, the person distraining shall keep"'^«*- 
 such beasts in some secure place other than the public 
 pound, until his damages shall be appraised ; and within 
 twenty-four hours after such distress, unless the same 
 was made on a Saturday, in which case, before the Tues- 
 day morning thereafter, he shall apply to two fence 
 viewers of the town to appraise the damage. 
 
 § 2. Such fence viewers shall thereupon immediately ere to ^*''" 
 repair to the place, and view the damage done ; and they aamafses, 
 may take the evidence of any competent witnesses of the 
 facts and circumstances necessary to enable them to 
 ascertain the extent of such damage, for which purpose 
 either of them is hereby aiithorized to administer an oath 
 to every such witness. 
 
 § 3. The said fence viewers shall ascertain and certify, ^o certify 
 
122 
 them; suffl under their hands, the amount of such damage, with 
 
 clencyof ' -i -i 
 
 fences, to. their fees for their services ; and if any dispute shall 
 arise touching the sufficiency of any fence around the 
 premises where such damage was done, the said fence 
 viewers may examine witnesses in relation thereto, and 
 for that purpose may administer oaths to such witnesses ; 
 and they shall determine such dispute ; which decision 
 shall be conclusive. 
 Putting § 4. Within twenty-four hours after the said damages 
 pound. shall be so appraised, unless the amount so ascertained, 
 and the fees of the fence viewers shall have been paid, 
 the person making such distress shall cause the beasts 
 distrained to be put in the nearest pound in the same 
 county, if there be one, there to remain until the same 
 be sold, as hereinafter directed, or until replevied, ac- 
 cording to law, or until the damages so certified, and the 
 fees of the fence viewers and pound-master be paid ; 
 and he shall deliver the certificate of the fence viewers 
 to the keeper of such pound. The owner of such beasts 
 may give them their feeding without disturbance. 
 
 be'^te; § ^- '^^^ pound-masters of the several cities and 
 
 notice. towns of this state shall receive and keep the beasts so 
 delivered to them, in the public pound, and unless the 
 same shall be replevied or discharged according to law, 
 within six days, such pound-master shall sell such 
 beasts, or so many of them as shall be necessary, at 
 public vendue, giving forty-eight hours' notice of such 
 sale, by advertisement, to be fixed up at such pound, 
 and at the nearest public place. 
 
 App"^"™ § 6. From the proceeds of such sale, the pound- 
 ofaaie. master may retain sufficient to pay the amount of his 
 fees and his charges for keeping such beasts, and the 
 charges of such sale ; and he shall pay to the person im- 
 pounding such beasts the damages so certified, with the 
 fees of the fence viewers ; and if there be any surplus, 
 the same shall be paid to the owner of such beasts. If 
 no owner appear within one year after such sale, and 
 claim such surplus, th*e same shall be paid to the over- 
 
123 
 
 seers of the poor of such city or town, for the use of the 
 poor thereof. 
 
 § 7. Every pound-master with whom any beast shall ^^^^ ^^ 
 be impounded, shall discharge such beasts, on being discharged. 
 paid: 
 
 1. The amount of the damages so certified by the 
 fence viewers ; 
 
 2. The fees of the fence viewers ; 
 
 3. The lees of the pound master, with his reasonable 
 charges for feeding such beasts, if fed by him, not ex- 
 ceeding six cents for each beast, for every twenty-four 
 hours. 
 
 8 8. When any T)erson shall be authorized by law to Keepjnir 
 
 " . . . - , , , , . , inanimate 
 
 distrain any inanimate goods or chattels doing damage, goods. 
 he shall keep the same in some safe and convenient place, 
 until the damage shall be appraised, and the goods be 
 sold or otherwise disposed of. 
 
 § 9. He shall apply to any two fence viewers of the Appraising 
 town, to appraise the damages sustained by him ; who &™**^^' 
 shall proceed therein, in the same manner and with the 
 same powers, as hereinbefore provided with respect to 
 cattle doing damage ; and in addition, they shall estimate 
 and certify the value of the property distrained. 
 
 § 10. The distrainer shall affix a notice in three public ^°*}^*° ^ 
 places of the town, for ten days, as follows : 
 
 1. Specifying therein the property distrained, and the 
 amount of damages certified ; 
 
 2. Requiring the owner of such property to redeem 
 and remove the same, before the day therein appointed 
 for the sale thereof ; 
 
 3. Stating that such property will, on some day, at 
 least ten days from the day of the first posting thereof, 
 be sold, to pay such damages, and the costs and charges 
 of the proceeding. 
 
 § n. If the value of the property distrained, as certi- J[^i™*^b« 
 fied by the appraisers, exceed fifty dollars, the distrainer 
 shall publish a notice in the nearest newspaper, once in 
 each week, for four weeks, similar to that required in 
 
134 
 
 the last section, except that the time of sale shall be at 
 least thirty days from the day of the first publication of 
 such notice. 
 se?ved'on* § 12. If the owner of such property be known to the 
 owner. distrainer, or if any person be known to him as claiming 
 any interest in such property, and if such owner or 
 person reside within the county, the distrainer shall also 
 serve a copy of such notice, within two days after the 
 time of posting, or after the first day of the publication 
 thereof, either personally on such owner or person, or in 
 case of his absence from his usual or last place of resi- 
 dence, by leaving the same at such residence, with a 
 proper person. 
 
 Seriff, Ac, § 13. If such goods and chattels be not removed, and 
 if the damages so certified, with the fees of the apprais- 
 ers and the expenses of such notice, be not paid at th* 
 time appointed in such notice for the sale, the distrainer 
 shaU apply to the sheriff of the county, or one of his 
 deputies, or to any constable of the town, to sell such 
 goods and chattels, and shall make and deliver to such 
 officer, an affidavit showing his compliance with the pro- 
 visions of this title, and the original certificate of the 
 appraisers. 
 
 roiVo°wd § ^^' ^^^^ officer shall thereupon proceed and sell 
 the goods and chattels so distrained, in the same manner 
 as on executions against personal property in civil cases, 
 and with the like authority and effect, and shall be 
 entitled to the same fees for his services. 
 
 of'proceed" § 15. From the proceeds of such sale, such officer 
 oi sale, gjjg^ij retain his own fees, and shall pay to the distrainer 
 the amount of the damages so certified, and the expenses 
 of such notices, and also all expenses that may have 
 been necessarily incurred, in the safe keeping and pres- 
 ervation of such property ; which expenses shall be 
 ascertained and certified by any judge of the county 
 courts, or by a justice of the peace of the county. 
 
 Surplus tD § 16. If any balance shall remain, such officer shall 
 
125 
 
 pay llie same to the county treasurer, for the use of the county 
 owner of such property, or his legal representatives. treasurer. 
 § 17. Upon the application of the owner of such prop- Tobepaia 
 
 " . . ■■^'^to owner. 
 
 erty, or his representatives, to the county court of the 
 county, and on due proof by affidavits of such owner- 
 ship, the said court shall order such balance to be paid 
 to such owner or his representatives, by the county 
 treasurer, after deducting a commission of five per cent, 
 for receiving, keeping and paying over the same. 
 
 § 18. If upon such application the court entertain when bona 
 any doubt of the ownership ol such .property, before required, 
 ordering such balance to be paid over, they shall require 
 the claimant to execute a bond to the people of this 
 state, in a penalty at least double the amount of such 
 balance, and with sureties to be approved by such court, 
 conditioned that he will pay to any person who, in an 
 action on such bond, commenced within two years from 
 its date, shall establish his right to such balance, or to 
 any part thereof, the amount to which he shall show 
 such right, with interest. 
 
 § 19 . Any person qlaiming such balance or any part suiw on 
 thereof, may prosecute such bond, in the name of tte other 
 
 . 1 , . o , 1 claimants. 
 
 people of this state, on the relation of such person, who 
 shall in all respects be deemed the plaintiff therein, and 
 be liable for the costs. If he establish his right to such 
 balance, or any part thereof, in such action, he shall be 
 entitled to recover such amount, with interest, as dam- 
 ages to be assessed for a breach of such condition, with 
 costs of suit. The proceedings thereon shall be the 
 same as in other actions on bonds, with conditions other 
 than for the payment of money. But no judgment in 
 favor of the defendant shall be a bar to or in any way 
 affect any action that may be brought on such bond, by 
 any other person than the plaintiff against whom such 
 Judgment shall have been obtained. 
 
 § 20. When, by the provisions of any statute, any Notice in aii 
 officer is authorized to distrain on any property for any dilt^ining. 
 purpose whatever, and no special provision shall be 
 
126 
 
 otherwise made, lie shall cause at least five days' notice 
 of sale of such property to be given, by posting the 
 same in three public places of the town where such sale 
 shall shall be made, 
 pr^erty g 21. Before making any such sale, such officer shall 
 appraised. a^gQ cause the property distrained to be appraised by 
 three disinterested freeholders of the town, on oath ; and 
 such appraisal, with an inventory of the property dis- 
 trained, shall be certified by the appraisers in writing. 
 Papers to § 22. Within ten days after any such sale, the officer 
 officer. making the same shall file in the office of the clerk of the 
 town or city, where such sale was made : 
 
 1. His own affidavit, specifying the cause of such 
 distress, and the amount of the penalty, tax, duty or 
 other sum for which the same was made ; 
 
 2. Proof by affidavit of the notice herein required 
 having been given ; 
 
 3. The inventory and certificate of the appraisers ; 
 Which papers, when so filed, shall be presumptive 
 
 evidence of the facts therein contained. 
 Penalty tor § 23. Uuless the provisions of the last section are 
 negect. ^Qj^pjiy^ with, witMn the time therein required, such 
 
 officer shall forfeit to the owner of the property sold, 
 
 twenty -five dollars 
 
 SS!how°' § 24. From the proceeds of any such sale, such officer 
 applied, gjja^ Ijg authorized to deduct and retain the expenses of 
 such appraisal, certificate, notice, proof and affidavits, 
 and of the filing the same, as herein required. And the 
 residue of such proceeds, after satisfying the penalty, 
 tax, duty or other sum for which such sale was made, 
 shall be paid, within ten days after such sale, to the 
 treasurer of the county for the use of the owners of such 
 property, 
 ownera, § 25. The same proceedings shall be had by such 
 ™JpiSs. owner, to obtain the money so paid over, as are herein- 
 before provided in the case of distress on inanimate prop- 
 erty doing damage, and the said provision shall apply in 
 all respects to such moneys and such proceedings. 
 
127 
 Y. 
 
 OF ANIMALS AT LABGE IN HIGHWAYS — THE STATUTE. 
 
 [2K S. (6th Ed.) p. 177.] 
 
 Sectiok 236. It shall not be lawful for any cattle, cattie! &c., 
 horses, sheep, swine or goats, to run at large or to beatia%e"\Q 
 herded or pastured in any public street, park, place orway"^**' 
 highway in this state ; and it shall be the duty of every 
 overseer of highways within his road district, and of ?vereeerto 
 every street commissioner in any incorporated village, Intaais so 
 who shall have personal knowledge, .or who shall be large. ^* 
 notified of any violation of this act, to seize and to take 
 into his possession, and to keep until disposed of accord- 
 ing to law, any animal so found running at large or 
 being herded or pastured, and any person suffering or 
 permitting any animal to so run at large, or be herded 
 or pastured in violation of this section, shall forfeit a 
 penalty of five dollars for every horse, swine or cattle, penalty. 
 and one dollar for every sheep or goat so found, to be 
 recovered by a civil action, by any inhabitant of the 
 town in his own name, or in the name of the overseer of 
 the poor of the town, or by the proceedings hereinafter 
 provided. • 
 
 § 237. It shall be lawful for any person to seize and seizure of 
 take into custody, and retain until disposed of as requir- Sing a™"' 
 .ed by law, any animal which may be in any public high-'"''®" 
 way and opposite to land owned or occupied by him, 
 contrary to the provisions of the foregoing section, or of 
 any animal which may be trespassing upon premises 
 owned or occupied by him. 
 
 § 238. Whenever any such person or any oflicer shall prooeea- 
 seize and take into his possession any animal under the*°f^^'' 
 authority of the preceding sections, it shall be the duty of 
 such person or officer to make immediate complaint in complaint, 
 writing, under oath, stating the facts, to a justice of the 
 peace of the town in which such seizure occurred ; and 
 such justice shall thereupon have jurisdiction to hear and summons. 
 determine such matter, and shall thereupon proceed in the 
 
128' 
 
 same manner as in civil actions, except as especially 
 changed in this act, and shall forthwith issue a summons, 
 under his hand, stating the fact of such seizure and com- 
 plaint, and requiring the owner of such animal, or any- 
 party having an interest in the same, to show cause be- 
 fore such justice, at a time and place to be specified in 
 said summons, why such animal should not be sold and 
 the proceeds applied as directed by this act ; such time 
 shall, not be less than ren nor more than twenty days 
 from the issuing of such summons. The said summons 
 summom! ^'^.y be Served by any constable of the said town, or by 
 any elector thereof, authorized so to do by the said 
 justice in writing thereon ; such service shall be made 
 by posting the same in at least six public and conspicu- 
 ous places in said town, and one of said places shall be 
 nearest district school house, unless the seizure shall 
 have been made within the bounds of an incorporated 
 village, having the schools in charge of a board of edu- 
 cation, and in such cases one of such notices shall be 
 posted in one of the buildings in which such schools are 
 Hearin of t^i^g^^'- -^^ ^^^ ^'^^ ^°^ place appointed for the return 
 complaint, of said summous, the complainant aforesaid may appear, 
 and any party or person owning or having an interest 
 in said animal, or his agent duly authorized, shall be 
 allowed by the said justice to appear in said proceeding ; 
 and on his filing with said justice an answer under oath, 
 subscribed by him or his agent aforesaid, denying any or 
 all the facts in said complaint, an issue shall be deemed 
 joined in the said proceeding, and the subsequent pro- 
 ceedings shall be as in civil actions, so far as they can be, 
 unless otherwise provided in this act. If no cue shall 
 appear to show cause, and the said summons shall be 
 When sale returned by a constable duly served, or by proof show- 
 to bS'Se;ing tbat fact, if served by any person other than a con- 
 Sode.*' stable, or if the jury or the justice shall find, after a 
 trial, that no sufficient cause is shown why such sale 
 should hot be made as directed by this act, then the said 
 justice shall issue his warrant, under his hand, directed 
 
129 
 
 to any constable of the said town, commanding him to 
 sell the said animal at public auction for the best price 
 he can obtain therefor, and make return thereof to the 
 said justice, at a time and place therein specified, not 
 less than ten nor more than twenty days thereafter. The 
 said sale shall be made on the like notice as on con- 
 stable's sale on civil process ; and the said constable 
 shall make return as required by the said warrant, and 
 pay the proceeds of said sale to said justice. The said 
 justice shall thereupon adjudge the costs of said pro- costs, 
 ceedings, the same amounts being allowed as in civil 
 actions ; and in addition he shall allow to the party or 
 officer making such seizure, for every horse or colt, one 
 dollar ; for every cow, calf or other cattle, each fifty 
 cents ; and for every goat, sheep or swine, twenty -five 
 cents, together with the actual damages sustained by 
 such party by reason of the trespass or breaking of such 
 animal into his premises, and a reasonable compensation 
 to such person or officer, to be estimated by such justice, 
 for the care and keeping of such animals, from the time 
 of the seizure thereof to the sale ; and the said justice 
 shall be allowed the sum of one dollar for each animal 
 so sold ; and the constable the same fees as for service 
 for a summons and execution in civil actions. And the 
 penalty in the foregoing sections prescribed shall be paid penally w 
 to the overseers of the poor or the officer or board hav- ** ^*''*' 
 ing the support of the poor in charge. If, after paying 
 the sums aforesaid, there shall be any surplus of the to whom 
 proceeds of said sale, the said justice shall pay the same be paid. 
 to the owner or party establishing before him, on the 
 return of such summons, or at such other time as he 
 shall appoint, the right to the same. If no person shall ^^^^^ 
 claim said surplus within one year after such seizure, the ^^^^ »i™e^j 
 said justice shall pay the same to the overseers of the^^mand 
 poor of such town, or the officer or board aforesaid, for 
 the benefit of the poor thereof. If such owner or party 
 interested shall not appear and demand such surplus 
 within said year, he shall be forever precluded from re- 
 
130 
 
 covering any part of such moneys, and the receipt of the 
 overseer of the poor of said town, or officer or board 
 aforesaid, given at any time after the expiration of said 
 year, shall be a full discharge to said justice for the 
 same. 
 When own- § ^39. Any ovsrner of any animal vrhich shall have 
 tied to°ani- been seized under and pursuant to the foregoing provis- 
 hearing?"^* ions, may, at any time before the justice aforesaid shall 
 proceed to the hearing on the return of said summons, 
 demand and shall be entitled to the possession of such 
 animal, upon the payment to said justice of the several 
 sums hereinbefore required to be paid to the said justice 
 and constable, and to the person or officer by v?hom the 
 seizure aforesaid shall have been made, and the penalty 
 aforesaid when such seizure is made by any officer, to- 
 gether with a reasonable compensation to the person or 
 officer making the seizure for the care and keeping of 
 such animal, to be ascertained and fixed by such justice, 
 and upon making to such justice satisfactory proof of 
 ownership ; and if such owner shall not have appeared 
 e?^s en"""' iipoi s^iid return day, and shall excuse such non-appear- 
 maiafte?'" ^^^^e to the Satisfaction of such justice, and shall make 
 before^iaie! such demand at least three days before the time appoint- 
 ed for such sale, he shall be entitled to the custody and 
 possession of such animal, upon paying one-half of the 
 several sums above stated, together with the whole 
 amount of penalty, compensation and damages which 
 the said justice shall then adjust and award. 
 
 How owner § 240. In case the animal so seized under the fore- 
 poesessim" goiug provisious of tMs act shall have been so running at 
 mai ^"setat large or trespassing, or being herded or pastured by the 
 edTo^'pal- " willful act of auy other person than the owner, to effect 
 person oih- that obiect, such owner shall be entitled to the posses- 
 
 er than the . j. t_ • ■■ . •. » , f , 
 
 owner. siou 01 sucu animal, at any time before the actual hear- 
 ing shall be commenced on the return of said summons, 
 on making the demand therefor, and the proof required 
 in the next preceeding section, and on paying to such 
 person or officer making such seizure, the amount of 
 
131 
 
 1 
 
 compensation fixed by sncli justice, for the care and 
 keeping of sucii animal, and without paying any other 
 charges; and the person committing such willful act penalty for 
 shall be liable to a penalty of twenty dollars, to be re- att of set- 
 covered in an action at law at the suit of the owner of affarge. 
 such animal or the person or officer making such seizure. 
 
 § 241. Aji appeal may be taken by either party who shall Appeal to 
 have appeared and contested in said proceeding before ooun?"" ^ 
 such justice to the county court ; and all laws relating to 
 appeals from judgments of justices' courts, and the juris- 
 diction, powers and duties of county courts to hear and 
 determine such appeals, and the proceedings therein 
 shall be applicable to such appeals, so far as the same 
 can be applied and are consistent with this act. Such 
 appeal can only be taken from the findings or determin- 
 ation that cause exists or does not exist for the sale 
 aforesaid, and must be taken within ten days after such withmwhat 
 finding or determination ; and such appeal when made toTe taklnl 
 by a claimant shall not be effectual for any purpose *"' 
 unless the undertaking required on appeals to the county 
 court contains a clause that in case the finding or deter- 
 mination shall be affirmed, the claimant will pay all such 
 sums as the said justice shall determine and adjudge for 
 the costs, penalties and allowances so as aforesaid au- 
 thorized to be made. In case of an affirmance by the 
 county court, said court shall appoint a time and place 
 when said justice shall adjust the same, and such adjust- 
 ment shall be made in the manner and for the sums here- 
 inbefore specified. . In case such undertaking is given 
 and approved by the said justice, he shall forthwith 
 direct the said sale not to be had, and shall order the 
 said animal to be delivered to the appellant, if it shall 
 appear to him that he is the owner, or entitled to the 
 possession thereof. 
 
 § 342. In case any person making such seizure shall wsen per- 
 fail on said hearing to show cause sufficient to obtain toplloostl 
 such sale, the said justice shall render judgment against 
 him for costs. And if the jury or said justice shall find 
 
132 
 
 from the evidence that such seizure was malicious and 
 without probable cause, the jury or the justice may- 
 assess the amount of damages sustained by the owner, 
 by means of such seizure, and judgment shall in such 
 case be given for double the amount assessed, with costs. 
 ActioQ^can § 243. Actions for any cause of action arising out of 
 withfaone ^^^ proceeding had or taken or attempted to be had or 
 s^f^^r. taken under the provisions of said act, entitled "An act 
 to prevent animals from running at large in the public 
 highways," passed April twenty-third, eighteen hun- 
 dred and sixty-two, can only be commenced within one 
 year after the cause of action shall have accrued. 
 Repeal. § 244. All acts or parts of acts inconsistent herewith 
 are hereby repealed. 
 
 VI. 
 
 OF "WEEDS, &C., IN PUBLIC HIGHWAYS — THE STATUTE 
 
 [Chap. 49, Laws of 1878. J 
 
 Noxious Section' 1. It shall be the duty of every person or 
 weeds. «'"., gQj,pQj,g^^jQjj^ owniug or occupying under a lease for one 
 deatroyed. ^^ more years, any cultivated or enclosed lands abutting 
 upon any highway, to cause all noxious weeds, briars 
 and brush, growing upon said lands, within the bounds 
 of said highway, to be cut or destroyed between the 
 fifteenth day of June, and the first day of July, and be- 
 tween the fifteenth day of August and the first day of 
 September, in each and every year. But boards of super- 
 visors may fix a different period, or periods, for such 
 cutting or destruction in their respective counties. This 
 section shall not be construed to restrict any of the pow- 
 ers heretofore conferred upon board of supervisors. 
 Weeds, or § 2. It shall be unlawful for any person to place or 
 tolfe^piaoed cause to be placed any noxious weeds, or the seeds of 
 upon high- mjgj^ weeds, within the bounds of any public highway. 
 Penalty. § S. Any wiUful neglect or refusal to comply with 
 the provisions of section one of this act, or any willful 
 violation of section two of this act,^ shall subject the 
 person or corporation so offending to a penalty of ten 
 
133 
 
 dollars and costs in and for each road district in which 
 any of such provisions shall be violated, to be sued for 
 by the commissioner or commissioners of highways of 
 the town wherein said road district shall be situate, or 
 by the street commissioner of villages, when such village 
 constitutes a separete road district, and recovered before 
 any .justice of the peace having jurisdiction; said tinpj pine, now 
 when collected, to be paid into the highway fund of such ^vvhha. 
 town or village. 
 
 § 4. It shall be the duty of commissioners of high- Duties of 
 ways of towns or street commissioner of villages to pros- S"s!" 
 ecute every person or corporation violating any of the 
 provisions of this act in their respective towns or villages, 
 and to include in each annual report of such commission- 
 ers a detailed statement of all fines recovered under the 
 provisions of this act. 
 
 Having given the law as it stands upon the statute 
 books, on the foregoing six subjects, we will now call 
 attention to the adjudications of the courts, as to the 
 rights of parties under these various statutes, pursuing 
 the same order in which the statutes themselves are 
 given. 
 
 DIVISION FENCES, Etc. 
 
 a OF THE OBLiaATION TO MAINTAIN A DIVISION FENCE. 
 
 People V. Dewey, 1 Hun, 529 : 
 Shepherd v. Hees, 12 Johns., 433 : 
 Perkins v. Perkins, 44 Barb., 134 : 
 Carpenter v. Halsey, 60 Barb., 45: 
 S. C, 57N. Y., 657: 
 Warren v. Sabin, 1 Lans., 79 : 
 Ferris v. Van Buskirk, 18 Barb., 397: 
 Adams v. VanAlstine, 35 Barb., 9: 
 S. C, 26 N. Y., 232 : 
 Chryslar v. Westfall, 41 Barb., 159 : 
 Richardson v. McDougal, 11 Wend., 46 : 
 HoUaday v. Marsh, 3 Wend., 142: 
 
134 
 
 b. THAT OBLIGATION, HOW ENFORCED. 
 
 Burger v. Kortright, 4 John., 414: 
 Willougliby V. Carleton, 9 Johns., 136: 
 Bronk v. Becker, 17 Wend., 320: 
 Dixon V. Clow, 24 Wend., 188: 
 Deyo V. Stewart, 4 Denio, 101. 
 
 C. OF THE EIGHT TO LET LAND LIE OPEN. 
 
 Hewitt V. Watkins, 11 Barb., 409 : 
 Perkins v. Perkins, 44 Barb., 134: 
 Chamberlain v. Reed, 14 Hun, 403 : 
 Chryslar v. Westfall, 41 Barb., 159. 
 
 d. OF PROCEEDINGS TO REMOVE ENCROACHING FENCES. 
 
 Wetmore v. Tracy, 14 Wend., 250 : 
 
 Fitch V. Com'rs of Highways of Kirkland, 22 Wend., 
 
 132: 
 Mott V. Com'rs of Highways of Rush, 2 Hill, 472: 
 Hyatt V. Bates et al., Com'rs, etc., 40 N. Y., 164. 
 
 e. THE EFFECT OF A DEFECTIVE FENCE, ON THE RIGHT 
 
 TO SUE THE OWNER OF TRESPASSING CATTLE, ETC. 
 
 Wells V. Howell, 19 Johns, 385 : 
 
 Holladay v. Marsh, 3 Wend., 142 : 
 
 Stafford^. Ingersol, 3 Hill, 38 : 
 
 Deyo V. Stewart, 4 Denio, 101 : 
 
 Toiiawanda R. R. Co. v. Munger, 5 Den., 255 : 
 
 VanSlyck v. Snell, 6 Lans., 299: 
 
 Griffin v. Martin, 7 Barb., 297: 
 
 Hardenburgh v. Lockwood, 25 Barb., 9 : 
 
 Cowles V. Balzer, 47 Barb., 562 : 
 
 Krom V. Kirkendall, 1 Alb. L. J., 238. 
 
 II. 
 
 FENCE viewers: .TUEI8DICTI0N AND DUTIES. 
 
 Burger v. Kortright, 4 Johns., 414: 
 Clark V. Brown, 18 Wend., 213 : 
 
135 
 
 Stafford v. IngersoU, 3 Hill, 38 : 
 People V. Dewey, 1 Hun, 529 : 
 Hewitt V. Watkins, 11 Barb., 409 : 
 Perkins v. Perkins, 44 Barb., 134 : 
 Adams v. YanAlstyne, 25 K. Y., 632. 
 
 III. 
 
 OF STRAYS. 
 
 S"© adiadicated case is found under this statute. It 
 seems, from the drift of authorities, to have been practi- 
 cally supplanted by the succeeding two. And yet, on 
 reflection, it is easy to conceive that cases may arise, 
 where it would be desirable to pursue the provisions of 
 this statute ; and for this reason it finds a place in this 
 book. 
 
 IV. 
 
 OF DISTEAnsriNG CATTLE, DOING DAMAGE, ETC. 
 
 Sackrider v. McDonald, 10 Johns., 253: 
 Hopkins v. Hopkins, 10 Johns., 369 : 
 Golden v. Eldred, 15 Johns., 220: 
 Hale V. Clark, 19 Wend., 498 : 
 Cook V. Gregg, 46 N. Y., 439 : 
 Cowles V. Balzer, 47 Barb., 562: 
 Pangburn v. Smith, 4 Barb., 246: 
 Rows V. Smith, 55 Barb., 417 : 
 Simser v. Cowan, 56 Barb., 395 : 
 Van Brunt v. Schenck, 11 Johns., 377: 
 Gardner v. Campbell, 15 Johns,, 401 : 
 Merritt v. O'Neil^ 13 Johns., 477: 
 Gates V. Lounsbury, 20 Johns., 427: 
 Pratt V. Petrie, 2 Johns., 101 : 
 Amoty V. Plyn, 10 Johns., 102 : 
 Palmer v. West, 12 Johns., 186 : 
 Jackson v, Morris et al., 1 Denio, 199. 
 
136 
 V. 
 
 OF ANIMALS AT LARGE IN HIGHWAYS, ETC. 
 
 This law was first passed in 1832, being chap. 459, of 
 the laws of that year. 
 
 The question of its ^constitutionality first arose in the 
 case of Hard v. Nearing, 44 Barb., 472. The General 
 Term sustained the statute. Hard died, and Rockwell, 
 his executor, carried the case to the Court of Appeals, 
 (3o N. Y., 302:) where the act was pronounced uncon- 
 stitutional, "so far as it authorized the seizure and sale, 
 "without judicial process, of animals found trespassing 
 vnthin a private enclosure^ This decision resulted in 
 an amendment of the act, giving us the law as found in 
 this work. The enforcement of this law was a matter of 
 some difficulty, for a time, and gave rise to considerable 
 litigation ; bnt now it is no uncommon thing to see farms, 
 as well as village and city lots, without fences along, the 
 roads. ' 
 
 The following are the principal adjudications under 
 thib act : 
 Hard v. Nearing, 44 Barb., 472 : 
 Rockwell, Ex'r, v. Nearing, 85 N. Y., 302: 
 Cowles V. Balzer, 47 Barb., 562 : 
 Fox V. Dunckel, 55 Barb., 431 : 
 Campbell v. Evans, 54 Barb., 566 : 
 McConnell v. VanAerman, 56 Barb., 534 : 
 Leavitt v. Thompson, 56 Barb., 543 : 
 Squares v. Campbell, 60 Barb., 391 : 
 Campbell v. Evans, 45 N. Y., 356 : 
 Jones v. Sheldon, 50 N. Y., 477: 
 Leavitt v. Thompson, 52 N. Y., 62. 
 
 The act of 1862, as amended by chap. 814, laws of 
 1867, was pronounced constitutional by the Court of 
 Appeals, in 
 
 Cook V. Gregg, 46 N. Y., 439: 
 Hickox V. Thurstin, 7 Lans., 421 : 
 Cotton V. Mauer, 5 K Y. S. C. R., 575. 
 
137 
 
 VI. 
 
 or WEEDS, &G., nsr public highways. 
 
 This statute is of recent date, and there are no adjudi- 
 cations, as yet, under it. The law makes it the duty of 
 commissioners of highways in towns, and of street com- 
 missioners in villages, to enforce its provisions. If they 
 neglect this duty, they are amenable to another law at 
 the instance of any citizen, who may see fit to complain 
 against them, as for neglect of official duty. 
 
 CHAPTER VII. 
 
 DOGS. TAX UPON— WHEN MAY BE KILLED— 
 WORRYING SHEEP, Etc. 
 
 \ 
 
 THE STATUTE. 
 
 [2 R. S. (6th Ed.) p. 999.J 
 
 Section 1. In all the counties of the state, except Tax on aogs 
 the city and county of New York, there shall be annually New To?k. 
 levied and collected the following tax upon dogs : Upon 
 every bitch owned or harbored by any one or more per-, 
 sons, or by any family, three dollars ; upon every addi- 
 tional bitch owned or harbored by the same person or 
 persons or family, five dollars ; upon every dog other 
 than a bitch owned or harbored by one or more persons 
 or by any family, fifty cents, and upon every additional 
 dog, other than a bitch, owned or harbored by the same 
 person or persons or family, two dollars. 
 
 § 2. Repealed by laws 1862, chapter 244, sec. 10. 
 
 § 3. The owner or possessor of every dog liable to the owner to 
 above tax, shall, whenever required by any assessor, crtption?^'" 
 deliver him a description in writing of every such dog 
 owned or possessed by him. For every neglect or refusal 
 so to do, and for every false statement made in any 
 description so furnished, he shall forfeit five dollars, to 
 be recovered by the supervisor of the town. 
 
138 
 Duty oi 8 4. The assessors of every town or city, or ward of 
 
 assessors. ° . "' , 
 
 a City, except the city or New York, shall annex to the 
 assessment roll of real and personal estate therein, made 
 by them annuallj'^, the name of each and every person 
 or persons liable to the tax imposed hereby, together 
 with the number of bitches and dogs for which such 
 person or persons is or are assessed, and return the same 
 to the supervisors of their respective towns, cities or 
 wards of cities, to be laid by said supervisor before the 
 board of supervisors, to be by them collected in the same 
 manner as other state and county and town taxes are 
 whendoif coUected. And if any person duly assessed shall refuse 
 to be HUe . ^^ neglect to pay the tax so assessed within five days of 
 the demand thereof, it shall be lawful for any person, 
 and it shall be the duty of the collector, to kill the dog 
 so taxed. 
 Dutyof c-i- § ^- '^^® collector to whom such list shall be deliver- 
 ifawiity?'' ed shall proceed and collect the sums of money therein 
 specified, within the time now required by law for the 
 collection of taxes laid by said supervisors, in the same 
 manner, and with the like authority in all respects as in 
 the collection of taxes imposed by the supervisors of the 
 county, and shall pay the same to the county treasurer, 
 after deducting the commissions allowed by law ; and 
 the same remedies to compel such collection, and the 
 payment over of the moneys collected, may be had 
 against such collectors and their sureties, as in the case 
 of taxes levied by supervisors. 
 When dog § 6. If any person duly assessed shall refuse or neg- 
 Suen.^ leglect to pay the tax so assessed, for five days after de- 
 mand thereof, it shall be lawful for any person to kill 
 the dog so taxed. 
 
 collector's § 7. Every collector will be allowed to retain a com- 
 '**"■ mission of ten dollars on every hundred dollars collect- 
 ed, and at that rate upon all sums collected by him 
 pursuant to the direction of the supervisors ; and said 
 collector shall also, on filing his affidavit of the fact 
 with the county treasurer, be entitled to retain as a 
 
139 
 
 further compensation from the moneys collected by him, 
 the sum of one dollar for every dog or bitch killed by 
 him under the provisions of the second section of this 
 act. 
 
 § 8. The money so collected and paid to any county l^^^^"" 
 treasurer, shall constitute a fund for the satisfying such 
 damages as may arise in any year from dogs kUling or 
 injuring sheep in such county, and the residue for the 
 use of the poor of the county. 
 
 § 9. The owner or possessor of any dog that shall uabuity of 
 kill or wound any sheep or lamb, shall be liable for thedJJffo"' 
 value of such sheep or lamb to the owner thereof, with- '°^""*'- 
 out proving notice to the owner or possessor of such dog, 
 or knowledge by him that his dog was mischievous or 
 disposed to kill sheep. 
 
 § 10. The owner of any sheep or lambs that may be Fence ,;„.> 
 killed or injured by any dog, may apply to any twotlindam-^'^ 
 fence viewers of the town, or assessors of the city, or the injuries to 
 
 Sll66Di 
 
 ward of the city, who shall inquire into the matter, and 
 view the sheep injured or killed, and may examine wit- 
 nesses in relation thereto, for which purpose either of 
 them shall have power to administer oaths. If they are 
 satisfied that the same were killed or hurt only by dogs, 
 and in no other way, they shall certify such fact, the 
 number of the sheep killed or hurt, and the amount of 
 the damages sustained thereby by the owner, together 
 with the value of the sheep hurt or killed. 
 
 § 11. The said certificate shall be presumptive evi- o«^aflcato 
 dence of the facts therein contained, in any suit that may eyiaence. 
 be brought by the party injured, against the owner or 
 possessor of any dog, if it shall appear on the trial of- 
 such suit that notice in writing of the time and place of 
 such view shall have been served twenty -four hours be- 
 fore, on the said owner or possessor, either personally, 
 or by leaving at his dwelling house, with a person who 
 usually dwells therein, and who shall have arrived at the 
 age of sixteen years, was given to the owner of the dog 
 of the intended application. 
 
140 
 
 Application § 13, If the party injured can not discover the owner 
 age^"" or possessor of the dogs by which such damage was 
 done, or shall fail to recover the value of the sheep killed 
 or injured, against such owner or possessor, he may 
 apply to the supervisor of the town, and upon producing 
 to him the certificate mentioned in the tenth section, 
 made as aforesaid, and his own affidavit that he has not 
 been able to discover such owner or possessor, or that he 
 has failed to recover his damages from such owner or 
 possessor, the said supervisor shall lay the same beforfe 
 the board of supervisors of the county at their next 
 meeting. 
 Payment, §13. The board of supervisors shall issue their order 
 
 when to be ,, „ , » , n 
 
 ordered, on the county treasurer, for the amount of the damages 
 appearing by the certificate of the fence viewers, to have 
 been sustained by the owners of any sheep killed or 
 injured by dogs, where they shall be satisfied that the 
 owner or possessor of such dogs can not be discovered, 
 or that the party injured has failed to recover such 
 faSd t^bS* damages of such owner or possessor, which shall be paid 
 ™*ie- by tiie county treasurer, from the fund to be raised by 
 said tax, and from no other moneys. 
 
 recovered § ^^' ^^ after receiving the amount of such damages 
 
 subsequent- from the county treasurer, the owner of the sheep so 
 
 refunded, killed or injured shall recover the value thereof, or any 
 
 part of such value, from the owner or possessor of any 
 
 dog, he shall refund and repay to the county treasurer 
 
 the sum so received from him, for which it shall be the 
 
 duty of the supervisor of the town to bring an action 
 
 against such owner in the case of his refusal, in the name 
 
 of the county treasurer, and to pay into the county 
 
 treasury the sum so collected. 
 
 »J89chas- § 15. Any person may kill any dog which he shall 
 
 Muldl*''* see chasing,- worrying or wounding any sheep, unless the 
 
 same shall be done by the direction or permission of the 
 
 owner of the sheep, or his servant. 
 
 Atternotice, § 16. The Owner or possessor of every dog, to whom 
 
 notice shall be given of any injury done by his dog to 
 
141 
 
 any sheep, or of his dog having chased or worried any of dog to 
 sheep, shall within forty-eight hours after such notice, 
 cause such dog to be killed ; for every neglect so to do, 
 he shall forfeit two dollars and fifty cents, and the fur- 
 ther sum of one dollar and twenty -five cents for every 
 forty-eight hours thereafter, until such dog shall be kill- 
 ed, unless it shall satisfactorily appear to the court, 
 before which a suit shall be brought for the recovery of 
 the said penalties, that it was not in the power of such 
 owner or possessor to kill such dog. 
 
 § 17. If any dog shall attack any person peacably wnen jus- 
 traveling on any highway, or any horse in a carriage, or order'own- 
 upon which any person shall be mounted, and complaint Mint, 
 thereof be made to a justice of the peace, such justice 
 shall inquire into the complaint, and if satisfied of its 
 truth, and that such dog is dangerous, he shall order the 
 owner or possessor of such dog to kill him immediately. 
 
 § 18. The owner or possessor of any dog, who shall P|?ai»y'o'' 
 refuse or neglect to kill him within forty eight hours 
 after having received such order, shall forfeit the sum of 
 two dollars and fifty cents, and the further sum of one 
 dollar and twenty -five cents, for every forty-eight hours 
 thereafter, until such dog be killed. 
 
 § 19. Upon complaint being made to any supervisor supervisor 
 of a town, of any penalties imposed by this title having penalties, 
 been incurred, he shall commence a suit for the recovery 
 thereof, in his name of office, and prosecute the same 
 with due diligence ; and the moneys recovered shall be 
 by him paid to the county treasurer, to be added to the 
 fund hereinbefore provided for the satisfaction of dam- 
 ages sustained by owners of sheep. 
 
 § 20. Every person in possession of any dog, or who ^^o to be 
 shall suffer any dog to remain about his house for theowMraot 
 space of twenty days, previous to the assessment of a^°^'" 
 tax, or previous to any injury, chasing or worrying of 
 sheep, or any such attack made by a dog, shall be deem- 
 ed the owner of such dog, for all the purposes of this 
 title. 
 
142 
 
 Power ot § 21 The several collectors to whom any warrant for 
 couectora. ^-^^ collection of the tax herein mentioned shall be deliv- 
 ered, shall have all the powers for the collection thereof, 
 which such collectors now have, and they and their 
 sureties shall be subject to all the liabilities therefor, 
 which such collectors and their sureties are now subject 
 to. 
 men"o^"tex § ^^- ^^ ^^^ actiou brought tor the killing of any 
 proved. ^OS) ^* ^^^^l ^6 incumbent on the plaintiff in said action 
 to prove that the tax imposed upon such dog by the pro- 
 visions of this act has been paid, 
 certain acts § 23. Sectiou two of Said title, chapter and part, and 
 all acts or parts of acts, whether general or local, incon- 
 sistent with the act hereby amended or repugnant there- 
 to, are hereby repealed. 
 Taxondoga g 24 There shall be annually levied and collected, in 
 Eockiand ^^® couuties of Richmond, Rockland and Westchester, 
 Chester.''' *^® following tax ou dogs : Upon every dog or bitch of 
 six months old or upwards, kept by any one person or 
 family, fifty cents, and for every additional dog or bitch, 
 kept by the same person or family, the same tax as is 
 provided to be levied and collected by part first, chapter 
 twenty, title seventeen, and section one of the revised 
 statutes ; and the revenue so collected in the counties of 
 Richmond, Rockland and Westchester, shall be applied 
 in the same manner as directed by the said title of the 
 revised statutes. 
 
 w^stches- § ^^- "^^^ taxes hereafter to be levied upon dogs in 
 **"■• the county of Westchester, shall be levied and collected 
 
 at the time and in the manner directed by the provisions 
 of title seventeen of chapter twenty of part first of the 
 second edition of the revised statutes. 
 To be paid § 26.. The coUector of each town to whom the list that 
 Borofeacii is now required to be made out by the assessors is de- 
 livered, shall pay over the taxes so collected to the 
 supervisor of the town, which shall constitute a town 
 fund for satisfying the damages arising in any year from 
 dogs killing or injuring sheep in such town ; and if there 
 
143 
 
 be any residue after satisfying such damage, it shall, 
 after the expiration of one year, be applied to such pur- 
 pose for the benefit of the town as a majority of the 
 electors at their annual town meeting may direct. 
 
 § 27. The supervisor of the town shall, upon the ap-i,„tyoj 
 plication of any person being a resident and having sheep ™p^'^°''- 
 killed or injured by dogs in said town, pay over the 
 amount of damage appearing by the certificate of the 
 fence viewers, when he shall be satisfied by the affidavit 
 of the owner of the sheep, that the owner or possessor of 
 the dog or dogs can not be discovered. 
 
 § 28. The collector shall execute and deliver to the cpiiector to 
 
 . ■■ -■ . give bond. 
 
 supervisor a bond m double the amount of the taxes to 
 be collected, conditioned for the faithful performance 
 of his duty. 
 
 § 29. The supervisor is hereby required to account to supervisor 
 the town auditors for moneys received and disbursed by **"^""' ' 
 him in pursuance of this act. 
 
 § 30. The provisions of any law of this state incon- Repeal, 
 sistent with the provisions of this act, are hereby re- 
 pealed. 
 
 § 31. The provisions of the act entitled "An act im- Tax in what 
 posing a tax on dogs in the counties of Richmond, Rock- *""° ^' 
 land and Westchester," passed April 25, 1832, are hereby 
 extended to the counties of Columbia, Dutchess, Alle- 
 gany and Cattaraugus. 
 
 § 32. The taxes hereafter to be levied upon dogs, gowtobe 
 shall be levied and collected at the time and in the man- 
 ner directed in the revised statutes, for the assessment 
 and collection of taxes imposed by the supervisors of 
 the county. 
 
 § 33. All moneys collected as taxes upon dogs, shall how to be 
 constitute a fund for satisfying damages done by dogs 
 in killing or injuring sheep according to the provisions 
 of the revised statutes ; and if there be any nsidue, after 
 satisfying such damages, it shall, after the expiration of 
 one year from the time of collection, be applied to the 
 support of the poor of the town where the same shall 
 
144 
 
 have been collected, or to such other purpose as the 
 inhabitants of the town shall, at their annual town meet- 
 ing direct. 
 Repe.i. § 34. The provisions of any law of this state incon- 
 sistent with the provisions of this act, are hereby re- 
 pealed. 
 § 35. The provisions of the act entitled "An act im- 
 putnam. posiug a tax OH dogs in the counties of Richmond, Rock- 
 land and Westchester," passed April 25, 1832, and the 
 act amending the same, passed April 20, 1835, are hereby 
 extended to the county of Putnam. 
 Act, when § 36. This act shall take effect as a law, whenever the 
 Steccf board of supervisors of the county of Putnam shall, by 
 the votes of a majority of the members elected to the 
 said board, determine that such tax ought to be levied, 
 and not before. 
 Queens § 37. There shall be annually levied and collected in 
 county, ^^Q county of Qneeus the following tax on dogs : Upon 
 every dog of three months old or upwards, other than 
 bitches kept by any one person or family, twenty-five 
 cents ; upon every two dogs kept in the like manner, 
 seventy-five cents ; and upon every additional dog more 
 than two, and upon all bitches kept by the same person 
 or family, the same tax as is provided to be levied and 
 collected by section one, title seventeen, chapter twenty, 
 of part first of the revised statutes, and the same to be 
 applied as provided for in the said statute. 
 
 Money, to § 38. The sums of money levied and collected in the 
 whom paid, gounty of Queens as a tax on dogs, pursuant to chapter 
 fifty -five of the laws of 1845, shall be paid over by each 
 of the several collectors to the supervisor of their re- 
 spective towns, instead of the county treasurer as now 
 provided by law. 
 
 And how § 39. The moneys so collected and paid to any super- 
 
 appued. yjgor, shall constitute a fund for the satisfying such 
 
 damages as may arise in any year from dogs killing or 
 
 injuring sheep in the town in which such moneys shall 
 
145 
 
 be collected ; and the residue, if any, for tlie use of the 
 poor of such town. 
 
 § 40. All the provisions of law in relation to the Duty ottte 
 ascertainment, certificate and application for damages, ^^^^^ 
 so far as the same are not inconsistent with this act, 
 shall apply thereto ; but the supervisor to whom any 
 application for damages is made, shall upon the presen- 
 tation of the certificate required by law, and if he shall 
 be satisfied that the owner or possessor of the dog by 
 which any sheep or lamb shall be injured or killed can 
 not be discovered, or that the party injured has failed to 
 recover such damages of such owner or possessor, pay 
 to the applicant the amount of the damages appearing 
 by the certificate of the fence viewers, out of the fund 
 constituted by the second section of this act, and no 
 other. 
 
 § 41. The taxes hereafter to be levied upon dogs, in Taxes in 
 the. county of Ontario, shall be levied and collected at °^'°* 
 the time and in the manner directed by sections one and 
 two of chapter two hundred and forty-four, of the laws 
 of 1862. (Sees 1 and 4 of this title.) 
 
 § 42. The collector of each town shall pay over the Duty of the 
 taxes so collected to the supervisor of the town, and the""""''"''" 
 money so collected and paid over shall in each town con- 
 stitute a town fund for paying the damages arising in 
 said town, from dogs killing or injuring sheep ; and such 
 moneys, or the balance thereof, which shall remain in the Application 
 hands of the supervisor of any town for the period of or to™, * 
 one year, may, by a vote of a majority of the electors of 
 any such town, at any town meeting, be appropriated 
 for the purpose of building and repairing roads and 
 bridges, or for the payment of the contingent expenses 
 of such town. 
 
 § 43. The owner or owners of any sheep or lambs Bu)lI^a,an(* 
 that may be killed or injured by dogs, may apply to a,nymoV^''^ » 
 two fence viewers of the town, who shall inquire into th©^"^*"^* 
 matter, and examine witnesses in relation thereto, for 
 which purpose either of them shall have power to admin- 
 
146 
 
 ister oaths, and if they shall be satisfied that the same 
 were killed by dogs, and in no other way, they shall 
 certify such fact, the number of such sheep killed, and 
 the number injured, the value of such sheep killed or 
 injured immediately previous to such killing or injury, 
 together with the value of the sheep after being so killed 
 or injured, together with the amount of their fees. 
 Duties of § 44. Such certificate shall be presented to the board 
 auditors, of town auditors at their annual meeting for auditing 
 town accounts, who shall have the same power in audit- 
 ing or allowing the same as in regard to town accounts, 
 and if such board shall be satisfied by the oath of the 
 person claiming such damages that such claimant has 
 not been able to discover the owner or possessor of the 
 dog or dogs by which such damage was done, or that he 
 has failed to recover his damages of such owner or pos- 
 sessor, they shall give an order on the supervisor of the 
 town for the amount which they shall allow, who shall 
 pay such order out of the funds arising from the pro- 
 visions of this act. 
 inwuatcase § 45. If, after receiving the amount of such damages 
 refund.^ from the supervisor, the owner of the sheep so killed or 
 hurt shall receive or recover the value thereof, from thft 
 owner or possessor of the dog or dogs doing said damage, 
 he shall refund and repay to the supervisor the sum so 
 recovered, for which it shall be the duty of the super- 
 visor of the town to bring an action against such person, 
 in case of his refusal, in his name of office ; which sum, 
 when so received and recovered, shall be returned to 
 said dog fund. 
 Audit of § 46. The supervisor is hereby required to account to 
 accounts, ^j^^ towu auditors for moneys received and disbursed by 
 
 him in pursuance of this act. 
 Aot^xtoid- § 47. "Whenever the board of supervisors of any 
 counties, county of this state shall, by resolution, declare that the 
 provisions of this act shall be extended and made appli- 
 cable to said county, the provisions of this act shall 
 thereafter be applicable to such county. 
 
147 • 
 
 By 1 R. S. (6t]i Ed.), sec. 36, sub. 14, p. 874, the boards 
 of supervisors of the several counties, are authorized 
 "To impose a tax on dogs within the several towns, for 
 "the purpose of providing means thereby to pay damages 
 done to sheep by dogs, and to make proper provisions 
 for the enforcement of the payment of such tax." 
 
 II. 
 
 ADJUDICATIONS UNDEB THIS STATUTE. 
 
 Hinckley v. Emerson, '4 Cowen, 351 : 
 
 Auchmuty v. Ham, 1 Denio, 495 : 
 
 Loomis V. Terry, 17 Wend., 496 : 
 
 VanSteenburgh, et al., v. Tobias, 17 Wend., 562: 
 
 Tifft V. Tifft, 4 Denio, 175 : 
 
 Buckley v. Leonard, 4 Denio, 500 : 
 
 Carroll v. Weiler, 4 N. Y. S. C. R., 131 : 
 
 S. C, 8 N. Y. S. C. R., 605 : 
 
 Muller V. McKesson, 10 Hun, 44 : 
 
 Fish V. Skut, 21 Barb., 333 : 
 
 Wheeler v. Brant, 23 Barb., 324: 
 
 Leonard v. Wilkins, 9 Johns., 233 : 
 
 Putnam v. Payne, 13 Johns., 312 : 
 
 MaxweU v. Palmerton, 21 Wend., 407 : 
 
 Brill V. Flagler, 23 Wend., 354: 
 
 Fairchild v. Bently, et al., 30 Barb., 147: 
 
 Wilbur V. Hubbard, 35 Barb., 303 : 
 
 Osincup V. Nichols, 49 Barb., 145. 
 
 Rider v. White, 65 N. Y., 54 : 
 
 Strang v. Newlin, 38 How., 364. 
 
 As to turning a horse loose in the streets of a city or 
 village, see 
 Dickson v. McCoy, 39 N. Y., 400. 
 
J^HDIDEIsriDA.. 
 
 jfiLlvdZEZSTDnyHEnSTTS OIF 1S80. 
 
 CHAPTER 64. 
 
 AN ACT in relation to the incorporation of Villages. 
 Passed March 15, 1880 ; three-fifths being present. 
 
 Section 1. The charter of no village heretofore incor- 
 porated shall be declared invalid because of a failure to 
 include within the boundaries of said village a mUe 
 square of land ; and all the municipal acts of the trustees 
 or other officers of such village shall be deemed to be 
 valid and binding, and of the same force and effect as if 
 such village corporation had originally included one mile 
 square of land within its boundaries. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 144. 
 
 AN ACT to amend section five, title three of chapter 
 two hundred and ninety-one, laws of eighteen hundred 
 and seventy, entitled "An act for the incorporation 
 of Villages." Passed April 22, 1880; three-fifths 
 being present. 
 
 SecTiON 1. Section five, title three of chapter two 
 hundred and ninety-one, laws of eighteen hundred and 
 seventy, entitled "An act for the incorporation of vil- 
 lages," is hereby amended so as to read as follows : 
 
§ 5. The trustees are authorized and empowered to 
 organize a fire department, and provide for the govern- 
 ment and discipline of the same, to consist of one or 
 more engine companies, one or more hook and ladder 
 companies, and one or more hose companies, and one or 
 more protective companies ; to appoint a sufficient num- 
 ber of suitable persons as members, not exceeding sixty 
 to each engine company, and not exceeding forty-five to 
 each hook and ladder company, and not exceeding 
 twenty to each hose company and protective company, 
 with the consent of the persons appointed ; a foreman 
 and assistant foreman for each company shall be chosen 
 by the members of each company in the manner to be 
 directed by the trustees, and subject to their approval 
 and ratification. 
 
 CHAPTER 172. 
 
 AN ACT to amend section ninety of chapter four hun- 
 dred and twenty six of the laws of eighteen hundred 
 and forty-seven, entitled "An act to provide for the 
 incorporation of villages." Passed May 6, 1880 ; 
 three-fifths being present. 
 
 Section 1. Section ninety of chapter four hundred 
 and twenty-six of the laws of eighteen hundred and 
 forty-seven, entitled "An act to provide for the incorpor- 
 ation of villages," is hereby amended so as to read as 
 follows : 
 
 § 90. When an application in writing, signed by at 
 least one-fourth as many persons entitled to vote for 
 village officers in any incorporated village, as voted for 
 such officers at the next preceding election thereof, shall 
 be made to the trustees of such village to call a meeting 
 of the electors thereof to determine whether the same 
 shall continue to be an incorporated village, such trustees 
 shall call such meeting and preside as inspectors thereat, 
 and the same shall be notified and held, the votes given 
 thereat canvassed, the result declared, and a certificate 
 thereof made and recorded in the same manner, as nearly 
 
as practicable, as in case of the election of village officers. 
 The polls at such meeting shall be kept open from ten 
 o' clock in the forenoon to four o' clock in the afternoon ; 
 and every such elector may vote thereat by a ballot 
 having thereon the word "yes" or "no." If a majority 
 of all the ballots given shall have thereon the word "no," 
 the question of disincorporation shall be again submitted 
 to the voters at the first regular village election there- 
 after, provided a period of not less than six months shall 
 intervene between the time of holding such meeting and 
 the first regular village election thereafter ; but if a 
 period of six months shall not intervene between the 
 time of holding such meeting and the first regular village 
 election thereafter, then the question shall be submitted 
 at the second regular village election after the holding of 
 such meeting. The ballots cast on the question of disin- 
 corporation at such regular village elections shall be 
 deposited in a separate box, and shall have thereon the 
 word "yes" or the word "no," and shall be canvassed, 
 the result declared, and a certificate thereof made and 
 recorded in the same manner as in case of the election of 
 village officers. If a majority of all the ballots given 
 shall have thereon the word "no," such village shall, at 
 the expiration of six months from the time of holding 
 such second meeting, cease to be an incorporated village, 
 and within that period such trustees shall call a special 
 meeting of such electors, to direct as to the disposition 
 of the property of such village, and at such meeting such 
 electors may direct such property as shall remain after 
 paying all claims for which such village shall be liable, 
 to be disposed of in such manner as they shall deem 
 proper. At the expiration of the said six months, all 
 the records, books and papers belonging to such village 
 shall be deposited with the town clerk of the town in 
 which the same shall be located, or if located in more 
 than one town, then with the town clerk of one of such 
 towns, whose duty it shall be to preserve the same with 
 the town records and papers of his town, and the super- 
 
visor of such town, or if such village is located in more 
 than one town, the supervisors of such towns shall be 
 the trustee or trustees of the property of such village. 
 No suit in which such village shall be a party, nor any 
 claim for or against such village, shall be affected by its 
 ceasing to be an incorporated village. 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 204. 
 
 AN ACT to amend chapter seventy-five of the laws of 
 eighteen hundred and seventy-eight, entitled ' 'An act 
 in relation to the bonded indebtedness of villages, 
 cities, towns and counties." Passed May 8, 1880; 
 three-fifths being present. 
 
 Section 1. Section six of chapter seventy-five of tlie 
 laws of eighteen hundred and seventy-eight, entitled 
 "An act in relation to the bonded indebtedness of villages, 
 cities, towns and counties," is hereby amended so as to 
 read as follows : 
 
 § 6. The city and county of New York, the city of 
 Brooklyn, and the county of Niagara, except the town 
 of Niagara, shall be exempt from the provisions of this 
 act. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 235. 
 
 AN ACT in relation to the payment of costs on arrest, 
 trial and punishment for crimes and misdemeanors in 
 villages, and in relation to the civil jurisdiction of 
 police justices therein. Passed May 8, 1880 ; three- 
 fifths being present. 
 
 Section 1. In all cases where parts of two or more 
 towns or parts of two or more counties, or either or both, 
 are included within the limits of any incorporated village 
 within this State, the legal expenses for arrest, trial and 
 punishment for crimes and misdemeanors where, on con- 
 viction, the fine, penalty or forfeiture goes to such village, 
 
shall be borne and paid by such village; in all other 
 cases, the legal costs of arrest, trial and punishment, or 
 either, within the jurisdiction of, and entertained by, a 
 police court of such village, shall be borne and paid by 
 the town or county in which such offense was actually 
 committed. 
 
 § 2. In all cases of imprisonment of persons charged 
 with the commission of any offense, or under sentence 
 or conviction of any offense, within the jurisdiction of 
 any police court of such village, such imprisonment shall 
 be in the county where such offense was actually com- 
 mitted. 
 
 § 3. The civil jurisdiction of all police justices within 
 any incorporated village of this State, shall be limited to 
 cases in which said village is a party in interest. 
 
 § 4. All acts or parts of acts, whether general or local, 
 inconsistent with the provisions of this act, are hereby 
 repealed. 
 
 § 5. This act shall take effect immediately. 
 
 CHAPTER 292. 
 
 AN ACT further to amend chapter two hundred and 
 ninety-one of the laws of eighteen hundred and sev- 
 enty, entitled "An act for the incorporation of vil- 
 lages," and the acts amendatory thereof. Passed May 
 14, 1880 ; three-fifths being present. 
 
 Section 1. Title three of chapter two hundred and 
 ninety-one of the laws of eighteen hundred and seventy, 
 entitled "An act for the incorporation of vUlages," is 
 hereby further amended by adding thereto a section in 
 addition to those added by chapter six hundred and 
 eighty-eight of the laws of eighteen hundred and seventy- 
 one, to be numbered section twenty-two, as follows : 
 
 § 22. Whenever any person owning or occupying 
 lands adjoining a highway within the limits of any vil- 
 lage incorporated under the provisions of this act shall, 
 witXthe consent of the trustees of such village or a 
 
6 
 
 majority of them, grade and flag or construct a stone 
 sidewalk within such highway, along the line of such 
 lands so owned or occupied by him of the width of four 
 or more feet, it shall be the duty of said trustees to 
 examine the same when finished, and to credit such 
 owner or occupant therefor so much on account of his 
 assessment for highway tax in said village, as such trus- 
 tees shall deem necessary to pay, not to exceed three- 
 fourths of the actual and necessary expense of con- 
 structing such sidewalk, and to deliver to such owner or 
 occupant their certificate of the amount of such credit ; 
 but such credit shall in no case be less than three dollars 
 per lineal rod for the amount of said walk so constructed 
 and finished. If said trustees find said walk or walks to 
 be of less value than four dollars per lineal rod, then 
 they are to give no credit whatever for the construction 
 of the same. The trustees of such village shall there- 
 after exempt the owner or occupant of such lands from 
 all highway taxes in said village, till the amount of such 
 exemption shall be equal to the sum of the credit for 
 which said certificate was allowed. 
 § 2. This act shall take eflCect immmediately, 
 
 CHAPTER 305. 
 
 AN ACT to authorize and facilitate the construction and 
 improvement of sidewalks in the streets of unincor- 
 porated vUlages, and the application of highway labor 
 thereto. Passed May 15, 1880 ; three-fifths being 
 present. 
 
 Section 1. The commissioners of highways of any 
 of the towns in this state may, from time to time, author- 
 ize such part of the highway labor assessed upon the 
 inhabitants and property of any unincorporated village 
 within the limits of any road district, as in their judg- 
 ment is expedient and proper, and not necessary for the 
 maintenance of the highways therein to be performed, or 
 the commutation moneys received therefor, expended 
 by and under the direction of the overseer of highways 
 
for sucli district, in th.e construction, repairs, and im- 
 provement of sidewalks within the limits of such village ; 
 and for such purpose may also, from time to time, by 
 writing signed by them, or a majority of them, and filed 
 with the town clerk of such town, authorize such pro- 
 portion of the highway labor of such village as in their 
 judgment is nofc needed for the annual repairs of the 
 highways therein, to be anticipated for one or more 
 years not exceeding three, and thereupon any person or 
 corporation, resident of owning property within such 
 village, and assessed for highway labor in the district in 
 which such village is situated, may, in the year so desig- 
 nated in such order, anticipate his, her or its assessment 
 for highway labor, for such time as he, she or it may see 
 fit within the limits so prescribed by the commissioners, 
 and may perform the labor so anticipated under the 
 direction of such overseer within such year, or commute 
 therefor to such overseer. 
 
 § 2. It shall be the duty of such overseer to give to 
 such pei^son or corporation, upon the performance of 
 such labor or commutation therefor, a certificate signed 
 by him, showing the number of days' labor so anticipa'ted 
 and worked or commuted for by such person or corpora- 
 tion ; and in each succeeding year, upon presentation of 
 such certificate, such person or corporation shall be 
 credited and allowed by the overseer of highways with 
 the performance of the number of days' labor so assessed 
 to him, her or it for such year, until such credit shall 
 equal the number of days so stated in such certificate to 
 have been anticipated, and shall endorse thereon a 
 statement signed by him showing such credit and allow- 
 ance. 
 
 § 3. Upon a transfer of any real estate, upon or for 
 which assessments for highway labor may have been so 
 anticipated and worked or commuted for," the certificate 
 mentioned in section two may also be transferred to the 
 grantee of such real estate, and the provisions of said 
 section shall apply thereto, and such certificate shall be 
 
8 
 
 operative and have tlie same effect in favor of the then 
 owners of such real estate as in the hands of the original 
 owner thereof ; and upon the death of any person then 
 owning property, real or personal, upon which the high- 
 way labor has been anticipated, such certificate shall in 
 like manner be operative and have the like effect in 
 favor of the devisees, legatees, heirs or personal repre- 
 sentatives of the deceased, who may be the then owners 
 of such property, or any part thereof, and assessed for 
 highway labor thereon. 
 § 4. This act shall take effect immediately. 
 
 CHAPTER 12. 
 
 AN ACT to amend chapter three hundred and seventeen 
 of the laws of eighteen hundred and seventy-eight, 
 entitled "An act to amend chapter seventy-five of the 
 laws of eighteen hundred and seventy-eight, entitled 
 'An act in relation to the bonded indebtedness of vil- 
 lages, cities, towns and counties.' " Passed February 
 14, 1880 ; three fifths being present. 
 
 Section 1. Section one of chapter three hundred and 
 seventeen of the laws of eighteen hundred and seventy- 
 eight, entitled "An act to amend chapter seventy-five 
 of the laws of eighteen hundred and seventy-eight, 
 entitled 'An act in relation to the bonded indebtedness 
 of villages, cities, towns and counties,' " is hereby 
 amended so as to read as follows : 
 
 § 1. The present bonded indebtedness of any village, 
 city, town, district of a town, or county, may be paid 
 up or retired by the issuance of bonds of the same 
 amount by the respective officers or boards who were 
 authorized to issue such outstanding bonds ; provided, 
 however, that such new bonds shall only be issued when 
 the existing bonds can be retired or paid by the substi- 
 tution of new bonds or by money realized thereon, in 
 the place and stead of existing bonds, bearing a lower 
 
rate of interest than the bonds so authorized to be retired 
 or paid. All bonds taken np by new bonds, or paid 
 under the paid under the provisions of this act, shall be 
 immediately canceled and destroyed ; and a certificate 
 shall be made and filed in the county clerk's office of the 
 bonds destroyed, and, also, of the new bonds issued. 
 This act shall not be so construed as to authorize the 
 issue of new bonds to supercede or pay existing 
 bonds which have been adjudged invalid by the final 
 judgment of a competent court ; and the officers and 
 boards referred to in this act shall include the successors 
 in office of those who originally issued the outstanding 
 bonds. 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 27. 
 
 AN ACT to amend chapter five hundred and fifty-five 
 of the laws of eighteen, hundred and sixty-four, en- 
 titled "An act to revise and consolidate the general 
 acts relating to public instruction." Passed February 
 23, 1880 ; three-fifths being present. 
 
 Section 1. Section ten of title three of chapter five 
 hundred and fifty -five of the laws of eighteen hundred 
 and sixty-four, entitled "An act to revise and consoli- 
 date the general acts relating to public instruction," is 
 hereby amended so as to read as follows : 
 
 § 10. Whenever any school district or separate neigh- 
 borhood shall have been excluded from participation in 
 any apportionment made by the superintendent or by 
 the school commissioners, by reason of its having omitted 
 to make any report required by law, or to comply with 
 any other provision of law, or with any rule or regulation 
 made by the superintendent under the authority of law, 
 and it shall be shown to the superintendent that such 
 omission was accidental or excusable, he may, upon the 
 application of such district or neighborhood, make to it 
 
10 
 
 an equitable allowance ; and if the apportionment was 
 made by himself, cause it to be paid out of the contingent 
 fund ; and, if the apportionment was made by the com- 
 missioners, direct them to apportion such allowance to it, 
 at their next annual apportionment, in addition to any 
 apportionment to which it may then be entitled. And 
 the superintendent may, in his discretion, upon the recom- 
 mendation of the school commissioner having jurisdic- 
 tion over the district in default, direct that the money so 
 equitably apportioned shall be paid in satisfaction of 
 teachers' wages earned by a teacher not qualified in ac- 
 cordance with the provisions of the law as hereinafter set 
 forth. 
 
 § 2. All acts and parts of acts inconsistent with this 
 act are hereby repealed. 
 
 § 3. This act shall take effect immediately. 
 
 CHAPTER 114. 
 
 AN ACT to exempt certain towns of this state from the 
 provisions of chapter four hundred and thirty-one of 
 the laws of eighteen hundred and seventy-five, entitled 
 "An act to amend the Revised Statutes in relation to 
 laying out public roads and the alteration thereof." 
 Passed April 9, 1880 ; three-fifths present. 
 
 Section 1. All towns of this state whose real estate 
 is assessed, as shown by their last assessment rolls, at an 
 average price of less than five dollars per acre, are here- 
 by exempted from the provisions of chapter four hun- 
 dred and thirty-one of the laws of eighteen hundred and 
 seventy -five, entitled "An act to amend an act entitled 
 'An act to amend the Revised Statutes in relation to 
 laying out public roads and the alteration thpreof.' " 
 
 § 2. The commissioners of highways of each of such 
 towns so exempted from the provisions of the aforesaid 
 act shall hereafter, upon written petition of six free- 
 holders of such town praying for the laying out, altera- 
 
11 
 
 tioQ or discontinuation of any highway, and within 
 thirty days from the date of such petition, proceed to 
 the laying out, alteration or discontinuation of the road 
 designated therein, and adjust, in the manner provided 
 in the following section, all m,atter of damages arising 
 from such laying out, alteration or discontinuation of 
 road ; and within ten days from the time such highway 
 shall have been so laid out, altered or discontinued and 
 matter of damages relating thereto duly adjusted, said 
 commissioners shall file in the office of the clerk of such 
 town their order therefor containing a correct survey of 
 the laying out, alteration or discontinuation of such 
 road, and a statement of the amount of damages allow- 
 ed for the same; and, thereupon, the proceedings of 
 said commissioners shall be deemed lawful, and any 
 road, or alteration of road so laid out, shall become a 
 highway and remain open to public travel. 
 
 § 3. The commissioners of highways of such town 
 are authorized to adjust with owner or owners of lands 
 upon which roads shall be laid, out, discontinued or 
 altered as aforesaid, any claim for damages by reason 
 thereof, providing the amount allowed by said commis- 
 sioners for each of such claims shall not exceed fifty 
 dollars ; and any sum so allowed by said commissioners 
 in settlement of such damages claimed as aforesaid, not 
 exceeding the said sum of fifty dollars, shall be a charge 
 against the town in which such roads are located, to be 
 audited by the board thereof ; but whenever any person 
 so entitled to damages by reason aforesaid shall conceive 
 himself aggrieved by the adjustment of such damages 
 as offered by said commissioners, or whenever said com- 
 missioners shall deem the value of such damages to ex- 
 ceed the aforesaid sum of fifty dollars, then said com- 
 missioners shall forth with, apply to any of the justices o. 
 the peace of such town to cause to be drawn, by the 
 usual process of justice court, a jury of six freeholders, 
 , residents of such town, not of kin to the party or parties 
 claiming said damages, nor interested therein, and upon 
 
12 
 
 notice of not less than six nor exceeding ten days issued 
 by said justice and duly served upon each of said jurors 
 and each of the parties claiming said damages ; such 
 jury so drawn, constituted, sworn and duly notified shall 
 meet with the said commissioners of highways at the 
 time and place stated in said notice to take a view of the 
 road and premises for which said damages are claimed, 
 to estimate the true nature and value of such daraagefn 
 and give their award -for the same ; and such award duly 
 given in writing, signed by each of said jurors and certi- 
 fied by the said commissioners of highways, shall be 
 deemed a final adjustment of such damages, and the 
 same shall become a lawful charge against the town in 
 which such road is located, to be audited by the board 
 thereof. 
 
 § 4. Each person acting as juror in the manner pro- 
 vided in the foregoing section shall receive one dollar per 
 day of actual service , and the fees of the justice of the 
 peace and constable for summoning such juries and 
 issuing and serving notices shall be the same as those 
 provided by law for the impanneling of juries by justice, 
 courts and serving of notices therefor, and the same 
 shall be a charge against the town for which such services 
 have been rendered. 
 
 § 5. This act shall take effect immediately. 
 
 CHAPTER 145. 
 
 AN ACT to amend section one of chapter four hundred 
 and ninety-eight of the laws of eighteen hundred and 
 seventy-two, entitled "An act for the protection of 
 livery-stable keepers and other persons keeping horses 
 at livery or pasture." Passed April 22, 1880 ; three- 
 fifths being present. 
 
 Section 1. Section one of chapter four hundred and 
 ninety -eight of the laws of eighteen hundred and seventy- 
 two, entitled "An act for the protection of livery-stable 
 
13 
 
 keepers and other persons keeping horses at livery or 
 l)asture," is hereby amended so as to read as follows : 
 
 § 1. It shall be lawful for all persons keeping any 
 animals at livery or pasture, or boarding the same for 
 hire, under any agreement with the owner thereof, to 
 detain such animals until all charges under such agree- 
 ment for the care, keep, pasture or board of such animals 
 shall have been paid ; provided, however, that notice in 
 >vriting shall first be given to such owner in person, or at 
 his last known place of residence, of the amount of such 
 charges and the intention to detain such animal or 
 animals until such charges shall be paid ; and such per- 
 sons may at any time maintain an action in any of the 
 courts of this state to enforce such lien and procure a 
 sale of the said animals for the payment of said keeping, 
 pasture and board, and the cost of such action, whenever 
 such sum shall exceed fifty dollars. 
 
 S 9. This act shall take effect immediately. 
 
 CHAPTER 176. 
 
 AN ACT concerning tramps. Passed May 5, 1880 ; 
 three-fifths being present.* 
 
 Section 1. Every tramp, upon conviction as such, 
 shall be punished by imprisonment at hard labor in the 
 nearest penitentiary for not more than six months, the 
 expense during such imprisonment not to exceed one 
 dollar a week per capita, to be paid by the state. 
 
 § 2. All persons who rove about from place to place 
 begging, and all vagrants living without labor or visible 
 means of support, who stroll over the country without 
 lawful occasion, shall be held to be tramps within the 
 meaning of this act. 
 
 § 3. Any act of vagrancy by any person not a resi- 
 dent of this state shall be evidence that the person com- 
 
 *Not returned by the Governor within ten days after It was presented to him, and be- 
 came a law without his signature, May nve, eighteen hundred and eighty. 
 
14 
 
 mitting the same is a tramp within the meaning of this 
 act. 
 
 § 4. Any tramp who shall enter any building against 
 the will of the owner or occupant thereof, under such 
 circumstances as shall not amount to burglary, or will- 
 fully or maliciously injure the person or property of 
 another, which injury under existing law does not 
 amount to a felony, or shall be found carrying any fire- 
 arms or other dangerous weapon, or burglars' tools, or 
 shall threaten to do any injury to any person or to the 
 real or personal property of another, when such offense 
 is not now punishable by imprisonment in the state 
 prison, shall be deemed guilty of felony, and, on con- 
 viction, shall be punished by imprisonment in the state 
 prison, at hard labor, for not more than three years. 
 
 § 5. Any person being a resident of the town where 
 the offense is committed may, upon view of any offense 
 described in this act, apprehend the offender and take 
 him before a justice of the peace or other competent 
 authority. 
 
 § 6. This act shall not apply to any person under the 
 age of sixteen years, nor to any blind person, nor to any 
 person roving within the limits of the county in which 
 he resides. 
 
 § 7. Any person convicted under this act shall be en- 
 titled to the same commutations of sentence as now pro- 
 vided by law for any prisoners conjmitted to the state 
 prison or penitentiary. 
 
 § 8. Upon the passage of this act the secretary of 
 state shall cause to be printed copies of this act to be 
 sent to the several town clerks, who shall cause the same 
 to be posted in at least twelve conspicuous places ; six 
 of which shall be in the public highway. 
 
 § 9. This act shall take effect immediately. 
 
 CHAPTER 186. 
 AN ACT to repress and punish disorderly conduct on 
 
15 
 
 Pablic conveyances. Passed May 6, 1880 ; three-fifths 
 being present. 
 
 Section 1. Any person who shall by any offensive 
 or disorderly act, or language, annoy or interfere with 
 the passengers of any public stage, railroad car, ferry 
 boat, or other public conveyance, or who shall disturb or 
 offend the occupants of such stage, car, boat or convey- 
 ance, by any disorderly act, language or display, al- 
 though such act, conduct or display may not amount to 
 an assault or battery, shall be deemed guilty of a misde- 
 meanor, and any police Justice or justice of the peace of 
 the city or county in which any such acts shall be com- 
 mitted, shall have jurisdiction thereof. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 209. 
 
 AN ACT to prevent malicious annoyance. Passed May 
 8, 1880 ; three-fifths being present. 
 
 Sectioit 1. Every person who shall knowingly send 
 or deliver, or shall make, and for the purpose of being 
 delivered or sent, shall part with the possession of, any 
 letter, postal card or writing, with or without a name 
 subscribed thereto, or signed with a fictitious name, or 
 with any letter, mark or other designation, with intent 
 thereby to cause annoyance to any person, or with a 
 view or intent to extort or gain any money or property 
 of any descripljon belonging to another, shall, upon 
 conviction, be adjudged guilty of a misdemeanor and 
 shall be punished by imprisonment in a couniy jail or 
 penitentiary not exceeding one year, or by a fine not 
 exceeding five hundred dollars, or by both such tine and 
 imprisonment. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER 210. 
 AN ACT to provide for the dissolution of union free 
 
16 
 
 school districts in certain cases. Passed May 8, 1880 ; 
 three-fifths being present. 
 
 Section 1. In any union free school district estab- 
 lished under the laws of this state, it shall be the duty 
 of the board of education, upon the application of 
 fifteen resident tax-payers of such district, to call a 
 special meeting in the manner prescribed by law, for the 
 purpose of determining whether application shall be 
 made in the manner hereinafter provided, for the disso- 
 lution of such union free school district, and for its reor- 
 ganization as a common school district or districts. 
 
 § 2. Whenever, at any such meeting called and held 
 as aforesaid, it shall be determined by a majority vote 
 of the legal voters present and voting, to be ascertained 
 by taking and recording the ayes and noes, not to dis- 
 solve such union free school district, no other meeting 
 for a similar purpose shall be held in said district within 
 three years from the time the first meeting was held, and 
 whenever, at any such meeting called and held as afore- 
 said, it shall be determined by a two-thirds vote of the 
 legal voters present and voting, to be ascertained by 
 taking and recording the ayes and noes, to dissolve such 
 union free school district, it shall be the duty of the 
 board of education to present to the clerk of the board 
 of supervisors a certified copy of the call, notice and 
 proceedings, and the said clerk shall lay the same before 
 the board of supervisors at their next meeting. If the 
 board of supervisors shall approve of the proceedings of 
 said meeting, the clerk shall certify the same to the 
 board of education. Such approval shall not take effect 
 until the thirtieth day of September next succeeding ; 
 but after that date such district shall cease to be a union 
 free school district. 
 
 § 3. If any union free school district dissolved under 
 the foregoing provisions shall have been established by 
 the consolidation of two or more districts, it shall be 
 lawful for the board of supervisors to direct that its 
 territory be divided into two or more districts to corres- 
 
17 
 
 pond, so far as practicable, with the districts theretofore 
 consolidated. 
 
 § 4. If there shall be in such dissolved union free school 
 district an academy which shall have been adopted as 
 the academic department of the union free school, under 
 the provisions of title nine, chapter five hundred and 
 fifty-five of the laws of eighteen hundred and sixty-four, 
 it shall, upon the application of a majority of the sur- 
 viving resident former trustees or stockholders, be trans - 
 ferred by the board of education to said former trustees 
 or stockholders. 
 
 § 5, The board of supervisors may make its approval 
 of the proceedings of any such meeting held as afore- 
 said conditional upon the payment by the district which 
 has been most greatly benefitted by the consolidation in 
 the way of buildings and other improvements to the 
 other district or districts into which the said union free 
 school district is divided, of such sum or sums of money 
 as they may deem equitable. 
 
 § 6. All moneys remaining in the hands of the treas- 
 urer of the union free school district when the order of 
 dissolution shall take effect shall be apportioned equita- 
 bly among the several districts into which such union 
 free school district is divided, and shall be paid over to 
 the collectors of such districts when they shall have 
 been elected and have qualified according to law. 
 
 § 7. The district or districts formed by the dissolu- 
 tion of such union free school district shall hold its or 
 their annual meeting or meetings on the second Tuesday 
 of October next after the dissolution of such union free 
 school district, and shall elect officers as now required 
 by law. 
 
 § 8. If the board of supervisors shall not approve the 
 proceedings of any such meeting held as aforesaid, for 
 the purpose of dissolving a union free school district, no 
 other meeting shall be held in such district for a similar 
 purpose within three years from the time the first meet- 
 ing was held. 
 
18 
 
 § 9. Whenever the proceedings of a meeting held as 
 aforesaid for the purpose of dissolving a union free 
 school district, shall have been approved by the board of 
 supervisors and shall have been certified by the clerk of 
 said board to the board of education, it shall be the 
 duty of the board of education ot the district affected, 
 forthwith to notify the superintendent of public instruc- 
 tion, and to furnish him copies of the call, notice, pro- 
 ceedings of the meeting, and proceedings of t)ie board of 
 of supervisors taken thereon. 
 
 CHAPTER 308. 
 
 AN ACT to amend chapter sixteen of part one of ihe 
 Revised Statutes, in relation to highways and bridges. 
 Passed May 15, 1880 ; three-fifths being present. 
 
 Section 1. Section thirteen of article one, title one, 
 chapter sixteen of part one of the Revised Statutes, is 
 hereby amended so as to read as follows : 
 
 § 13. If any overseer shall be employed more days in 
 executing the several duties enjoined on him by this 
 chapter than he is assessed to work on the highway, he 
 shall be paid for the excess at the rate of twelve and a 
 half cents per hour for each day, and be allowed to 
 retain the same out of the moneys which may come into 
 his hands for fines under this chapter, but he shall not 
 be permitted to commute for the days he is assessed. 
 
 § 2. Section thirty-five of said chapter is hereby 
 amended so as to read as follows : 
 
 § 35. Every person liable to work on the highways 
 shall work the whole number of days for which he shall 
 have been assessed, but every such person other than an 
 overseer may elect to commute for the same, or |or some 
 part thereof, at the rate of twelve and a half cents per 
 hour for each day, in which case such commutation 
 money shall be paid to the overseer of highways of the 
 district in which the person commuting shall reside, to 
 
19 
 
 be applied' and expended by such overseer in the im- 
 provement of the roads and bridges in the same district. 
 
 § 3. Section thirty-eight of said chapter is hereby 
 amended so as to read as follows : 
 
 § 38. Every person assessed to work on the highways 
 and warned to work, may appear in person, or by an 
 able-bodied man as a substitute, and the person or sub- 
 stitute so appearing shall actually work eight hours in 
 each day, unless such person be assessed one dollar and 
 twenty-five cents or more, when such person or his sub- 
 stitute shall be allowed to actually work ten hours in 
 each day, under the penalty of twelve and a half cents 
 for every hour such person or substitute shall be in de- 
 fault, to be imposed as a fine on the person assessed. 
 
 § 4. Section thirty-nine of said chapter is hereby 
 amended so as to read as follows : 
 
 § 39. If any such person or his substitute shall, after 
 appearing, remain idle or not work faithfully, or hinder 
 others from working, such offender shall, for every 
 offense, forfeit at the rate of twelve and a half cents an 
 hour for each day. 
 
 § 5. Section forty of said chapter is hereby amended 
 so as to read as follows : 
 
 § 40. Every person so assessed and duly notified who 
 shall not commute, and who shall refuse or neglect to 
 appea.r as above provided, shall forfeit, for every day's 
 refusal or neglect, at the rate of twelve and a half cents 
 an hour for each day. If he was required to furnish a 
 team, carriage, man or implements, and shall refuse or 
 neglect to comply, he shall be fined as follows : 
 
 1. For wholly omitting to comply with such requisi- 
 tion, three dollars for each day of eight hours, and three 
 dollars and seventy-five cents for each day of ten hours. 
 
 2. For omitting to furnish a cart, wagon or plough, 
 one dollar for each day of eight hours, and one dollar 
 and twenty five cents for each day of ten hours. 
 
 3. For omitting to furnish a pair of horses or oxen, 
 
20 
 
 one dollar for each day of eight hours, and one dollar 
 and twenty-five cents for each day of ten hours. 
 
 4. For omitting to furnish a man to manage the team, 
 one dollar for each day of eight hours, and one dollar 
 and twenty, five cents for each day of ten hours. 
 
 § 6. Section forty-five of said chapter is hereby 
 amended so as to read as follows : 
 
 § 4*5. Every penalty collected for a refusal or neglect 
 to appear and work on the highways shall be set off 
 against the assessment upon which it was founded, esti- 
 mating all moneys collected as a satisfaction at the rale 
 of twelve and a half cents an hoar for each day. 
 
 § 7. This act shall take effect immediately. 
 
 CHAPTER 422. 
 
 AJN AVJX to amend chapter two hundred and ninety-one of 
 the laws of eighteen hundred and seventy, entitled 
 "An act for the incorporation of villages ;" also chap- 
 ter eight hundred and seventy of the laws of eighteen 
 hundred and seventy-one, entitled "An act to amend 
 an act for the incorpcHration of villages." Passed May 
 26, 1880 ; three-fifths being present. 
 
 Section 1. Section four of title three of chapter two 
 hundred and ninety-one of the laws of eighteen hundred 
 and seventy, entitled "An act for the incorporation of 
 villages," is hereby amended so as to read as follows : 
 
 § 4. The trustees shall have power to compel the 
 owners and occupants of land or lots in front of and ad- 
 joining which a sidewalk is to be made or repaired, to 
 make such improvements upon the sidewalk in front of 
 said land or lot, to determine and prescribe the manner 
 of doing the same, and the materials to be used therein, 
 and the quality or kind of such materials ; and in case 
 the owner or owners, occupant or occupants of any such 
 land or lot shall neglect or refuse to complete the said 
 required improvements within such reasonable time as 
 shall be required by the trustees, the said trustees may 
 
21 
 
 cause such improvement to be made or completed, an^ 
 the expense thereof may be by them assessed on such 
 owner or owners so neglecting or refusing, and be col- 
 lected by warrant issued by the president and trustees, 
 as other taxes are directed to be collected by this act ; 
 and in case such tax or assessment shall not be paid or 
 collected, the trustees may cause such real estate to be 
 leased, or the owner thereof to be sued for payment and 
 collection of such tax, and the costs and expenses arising 
 from non-payment, in the manner and with the effect 
 and subject to the provisions of this act in regard to the 
 collection of taxes and assessments, by leasing of real 
 estate or by action at law against the person liable. But 
 nothing in this section shall be so construed as to pre- 
 vent the trustees from making expenditures of money 
 raised under section six of title four of this act, in and 
 toward the construction, alteration or repair of sidewalks 
 in such village, whenever and wherever they may deem 
 the same more for the benefit of all the inhabitants of 
 such village than for such adjoining owners or occupants ; 
 provided, that such last mentioned expenditures for 
 sidewalks shall not exceed in any one year the sum of 
 five hundred dollars, unless the tax-payers of such vil- 
 lage, at a meeting specially called for that purpose, 
 upon ten days' notice, at which at least thirty tax- 
 payers shall be present, shall authorize, by resolution, a 
 larger expenditure. The resolution adopted at such 
 meeting, duly authenticated, shall be placed with the 
 records of such village, entered on the minutes of the 
 trustees. 
 
 § 2. Section six of title four of the said act, as amend- 
 ed by chapter eight hundred and seventy of the laws of 
 eighteen hundred and seventy-one, is hereby further 
 amended so as to read as follows : 
 
 § 6. In addition to the amount raised by the trustees 
 for "ordinary expenditures," the trustees shall have 
 power, in any one year, in addition to the poll tax, to 
 raise by tax such sum as they may deem necessary, not 
 
22 
 
 exceeding in any one year the amount of one per centum 
 on the assessed valuation of such village, to be denomi- 
 nated a highway tax, to work and improve the roads, 
 avenues, streets, public squares and parks, lanes, side- 
 walks and crosswalks of said village, on all persons and 
 incorporated companies owning property and estate, 
 real and personal, in said village, to be assessed and col- 
 lected as all other taxes are, by the provisions of this 
 act. The money so raised, with the proceeds of the poll 
 tax, shall be devoted to the purposes expressed in this 
 section, and kept apart as a separate and distinct fund, 
 by the treasurer. 
 § 3. This act shall take effect immediately. 
 
 CHAPTER 434. 
 
 AN ACT to authorize cities and incorporated villages to 
 charge license fees to persons doing business on the 
 canals of this state. Passed May 27, 1880 ; three-fifths 
 being present. 
 
 Sectiok 1. It shall hereafter be lawful for the com- 
 mon council of any city and the trustees of any incor- 
 porated village in this state, to charge and collect a 
 license fee from all persons doing a retail business in the 
 sale of goods of any description, except products of the 
 farm and unmanufactured products of the forest, from 
 canal boats in the canals of this state, or from the lands 
 by the side of said canals, and within the boundary 
 lines thereof, within the limits of such cities or villages. 
 The common council of such cities and the trustees of 
 such villages shall have power to fix the amount to be 
 charged for such licenses at such sum as in their discre- 
 tion they may deem just. They shall also have power 
 to enforce the collection of such license fees in the same 
 manner as they are now severally authorized by law to 
 enforce the collection of other license fees which they 
 are authorized to impose. They shall also have power 
 
23 
 
 ^to adopt by-laws or ordinances to prevent any person 
 making any such sale without first obtaining such 
 license, and to punish any violation thereof by a fine 
 not exceeding one hundred dollars, the offender to be 
 imprisoned in the county jail until such fine be paid, not 
 exceeding six months. 
 
 § 2. All acts and parts of acts inconsistent with this 
 act are hereby repealed. 
 
 § 3. Nothing in this act contained shall be held or 
 construed to conflict in any manner with the provisions 
 of title four of chapter seventeen of part one of the Re- 
 vised Statutes. 
 
 § 4. This act shall take effect immediately. 
 
 CHAPTER 455. 
 
 AN ACT to amend chapter five hundred and fiifty-five 
 of the laws of eighteen hundred and sixty-four, en- 
 titled "An act to revise and consolidate the general 
 acts relating to public instruction." Passed May 27, 
 1880 ; three-fifths being present. 
 
 Section 1. Section seventy-seven of chapter five hun- 
 dred and fifty-five of the laws of eighteen hundred and 
 sixty -four, entitled "An act to revise and consolidate 
 the general acts relating to public instruction," is hereby 
 amended so as to read as follows : 
 
 § 77. Out of any moneys in the county treasury 
 raised for contingent expenses the treasurer shall pay to 
 the trustees the amount of the taxes so returned as un- 
 paid, and if there are no moneys in the treasury appli- 
 cable to such purpose, the board of supervisors, at the 
 time of levying said unpaid taxes, as provided in the 
 next section, shall pay to the trustees of the school dis- 
 trict, the amount thereof by voucher or draft on the 
 county treasurer in the same manner as other county 
 charges are paid. 
 
24 
 CHAPTER 448. 
 
 AN ACT in relation to uncollected taxes in the several 
 towns and wards of this state. Passed May 27, 1880 ; 
 three-fifths being present. 
 
 Section 1. When the tax imposed by a board of 
 supervisors, npon any resident tax payer in the several 
 counties, shall be returned by the collector of any town 
 or ward as unpaid, for want of goods and chattels to 
 satisfy the same, the treasurer of the county in which 
 such taxes are so returned shall add interest to the same 
 at the rate of eight per centum per annum, until the 
 same is returned by said treasurer to the comptroller, 
 which sum so added shall be a lien upon the property 
 assessed, in the same manner and to the same extent as 
 the tax levied by the said board of supervisors. This 
 act shall not apply to any county having a special pro 
 vision of statute on this subject. 
 
 § 2. This act shall take effect immediately. 
 
 CHAPTER, 496. 
 
 AN ACT to amend chapter two hundred and ninety-one 
 of the laws of eighteen hundred and seventy, entitled 
 "An act for the incorporation of villages." Passed 
 May 28, 1880 ; three-fifths being present. 
 
 Section 1. Section fifteen of title two of chapter 
 two hundred and ninety-one of the laws of eighteen 
 hundred and seventy, entitled "An act for the incorpora- 
 tion of villages," is herebv amended so as to read as 
 follows : 
 
 § 15. Elections of elective officers of the corporation, 
 after the first election of officers, shall be held annually 
 on the third Tuesday of March, at one o'clock in the 
 afternoon, and continue till sunset, at such place as shall 
 be designated by the trustees, or a majority of them ; at 
 
25 
 
 least six days' notice shall be given by the trustees, or a 
 majority of them, prior to said election, by posting 
 notices in six conspicuous places in the village, by the 
 clerk, or some one appointed by the trustees, if there is 
 no clerk. In case the trustees neglect to appoint a place, 
 the election shall be held at the place of the last, preced- 
 ing annual election. But any village incorporated under 
 the provisions of this act, may change the date on which 
 such election shall be annually held to some other day ; 
 provided, however, that such change shall not be made 
 unless upon the written application of the voters repre- 
 senting a majority of the taxable property of such vil- 
 lage, directed to the board of trustees of such village, 
 requesting the said board to submit the question of such 
 change to a vote of the duly qualified voters of such 
 village ; upon the presentation of such application to 
 such board of trustees, it shall be the duty of such board 
 to cause written or printed notices of such election to be 
 posted up in at least six conspicuous public places in 
 such village, stating the object of such election and the 
 date and time on which the same shall be held, which 
 time shall not be less than thirty days nor more than 
 sixty days from the time of posting such notices. Suit- 
 able ballots for such election shall be prepared under the 
 direction of the board of trustees of such village. The 
 said board of trustees shall preside at such election, 
 shall canvass the votes cast, shall declare the result 
 thereof and shall file a certificate thereof, signed and 
 sworn to by them, in the office of the village clerk in 
 such village. If a majority of all the votes cast shall 
 be in favor of such change to another day than that 
 named herein, then and in that case such annual election 
 shall thereafter be held in such village on the day speci- 
 fied by a majority of the voters of such village. 
 § 3. This act shall take effect immediately. 
 
26 
 CHAPTER 322. 
 
 AN ACT to Establish, a State Board of Health. Passed 
 
 May 18, 1880 ; three-fifths being present. 
 
 Section 1. Within twenty days after the passage of 
 this act, the governor shall appoint, by and with the ad- 
 vice and consent of the senate, three state commissioners* 
 of health, two of whom shall be graduates of legally 
 constituted medical colleges and of not less than seven 
 years' practice of their profession. The said commis- 
 sioners together with the attorney -general, the superin- 
 tendent of the state survey and the health officer of the 
 port of New York, who shall be ex-officio members of the 
 state board of health, and three other persons to be des- 
 ignated and appointed by the governor, one of whom 
 shall be a commissioner of health of the board of health 
 of the city of New York, and the others shall be mem- 
 bers or commissioners of health of regularly constituted 
 and organized boards of health of cities of the state 
 shall constitute the board of health of the state of 
 New York. Nothing in chapter three hundred and 
 thirty-five of the laws of eighteen hundred and seventy- 
 three of the state of New York or in the laws amending 
 the same, or in the laws constituting boards of health in 
 the various cities of the state, shall be read or construed 
 to prevent the appointment of the said commissioners of 
 board of health of cities also members of the board of 
 health of the state of New York, and no appointment to 
 an office or acceptance thereof under this law, shall be 
 held to vacate the office previously held in any board of 
 health of any city in this state. 
 
 § 2. The said three commissioners so appointed shall 
 take the oath of ofiice prescribed by the constitution for 
 state officers, and receive from the secretary of state 
 certificates of their appointment. They shall hold office 
 for three years, and whenever a vacancy occurs, the place 
 shall be filled as in other cases provided by law, and the 
 other commissioners shall, from time to time, be designa- 
 ted by the governor as occasion may require, or as their 
 
27 
 
 places may be vacated in the board by tlie expiration of 
 tlie several terms of office. 
 
 § 3. The state board of health shall meet at least 
 once in every three months and as much oftener as they 
 shall deem necessary, their first meeting being held in 
 the city of Albany within two weeks after the appoint- 
 * ment duly made of the members of the first board and 
 after they shall have qualified as aforesaid, and each 
 annual meeting shall be held within two weeks after the 
 first of May each year after the first, as herein provided. 
 No member of the board except the secretary shall receive 
 any compensation, but the actual traveling and other ex- 
 penses of the members and officers of said board while en- 
 gaged in their duties shall be allowed and paid out of the 
 appropriation made for its support. They shall elect an- 
 nually one member of the board to be president; they shall 
 also elect from among their own members or otherwise, 
 a person of skill and experience in public health duties 
 and sanitary science, to be the secretary and executive offi- 
 cer of said board, who shall have all the powers and priv- 
 ileges of a member of the board except in regard to 
 voting upon matters relating to his own office and duties 
 as secretary, and he shall hold said office for the term of 
 three years, but he may be removed for cause after a full 
 hearing by the board, a majority of the members voting 
 therefor. 
 
 § 4. The state board of health may adopt by-laws 
 regulating the transaction of its business, and provide 
 therein for the appointment of committees to whom 'it 
 shall delegate authority and power for the work commit- 
 ted to them, and it may also adopt and use an official 
 seal. Five members shall constitute a quorum for the 
 transaction of business. 
 
 § 5. The secretary shall keep a record of the acts and 
 proceedings of the board, perform and superintend the 
 work prescribed in this act, and such other duties as the 
 board may order, and shall receive an annual salary of 
 three thousand dollars, which shall be paid him in the 
 
28 
 
 same manner as the salaries of other state officers are 
 paid, and such necessary expenses shall be allowed him 
 as the comptroller shall audit on the presentation of an 
 itemized account having vouchers annexed, together with 
 the certificate of the board. 
 
 § 6. Said board shall take cognizance of the interests 
 of health and life among the people of the state, they 
 shall make inquiries in respect to the causes of disease, 
 and especially of epidemics, and investigate the sources 
 of mortality, and the effects of localities, employments 
 and other conditions upon the public health. It shall 
 be the duty of said board to obtain, collect and preserve 
 such information relating to deaths, diseases and health 
 as may be useful in the discharge of its duties, and con- 
 tribute to the. promotion of the health or the security of 
 life in the state of New York. And it shall be the duty 
 of all health officers and boards of health in the state to 
 communicate to said state board of health copies of all 
 their reports and publications ; also such sanitary infor- 
 mation as may be useful. 
 
 § 7. It shall be the duty of the state board of health 
 to have the general supervision of the state system of 
 registration of births, marriages and deaths, and also the 
 registration of prevalent diseases. Said board shall pre- 
 pare the necessary methods and forms for obtaining and 
 preserving such records, and to insure the faithful reg- 
 istration of the same in the several counties, and in the 
 central bureau of vital statistics at the capitol of the 
 state. The said board of health shall recommend such 
 forms and amendments of law as shall be deemed to be 
 necessary for the thorough organization and efficiency of 
 the registration of vital statistics throughout the state. 
 The secretary of said board of health shall be the super- 
 intendent of registration of vital statistics of the state. 
 As supervised by the said board, the clerical duties and 
 safe-keeping of the bureau of vital statistics thus created 
 shall be provided for by the comptroller of the state, 
 ' who shaU also provide and furnish such apartments and 
 
29 
 
 stationery as said board shall require in the discharge of 
 its duties. And the state board of health shall also pre- 
 pare the necessary methods and forms and prescribe the 
 rules regulating the issue and use of transfer permits, 
 with the proper coupons attached thereto, to be issued by 
 local organized boards of health, for the transportation 
 of the dead bodies of persons which are to be carried 
 for burial beyond the limits of the counties where the 
 death occurs; and in all cases the said state board 
 of health shall require coupons to be attached to such 
 permits, to be detached and preserved by every common 
 carrier, or the person in charge of any vessel, or rail- 
 road train or vehicle to whom such dead bodies shall be 
 delivered for transportation. Any violation of such 
 rules and regulations shall be a misdemeanor. 
 
 § 8. At any time the governor of the state tnay i'e- 
 quire the state board of health to examine into nuisances^ 
 or questions affecting the security of life and health in 
 any locality, and in such case the said board shall have 
 all necessary powers to make such examinations^ and it 
 shall report the results thereof to the goveirnor within 
 the limits of time which he shall prescribe for such ex- 
 amination and report. The report of such examination 
 when approved by the governor, shall be filed in the 
 office of the secretary of state, and the governor may, in 
 relation to the matters or things found and certified by 
 the state board of health to be nuisances, declare them 
 to be public nuisances, and order them to be changed as 
 he shall direct, or abated and removed. Any violation 
 of such an order shall be held and punished as a misde- 
 meanor, and thereafter the governor may by his order, 
 in writing, certified under his official seal, directed to the 
 officers of the county in which the said nuisance shall be 
 situated, require the district attorney, the sheriff and 
 the other officers of every such county, to take all neces- 
 sary measures to execute and to have obeyed the order 
 of the governor. i 
 
 § 9. At any time at the request of the state board of 
 
30 
 
 health, or whenever the governor shall as hereinbefore 
 provided have directed an examination and report to be 
 made by the state board of health into any alleged 
 nuisance, any board of health of any city of the state 
 may appoint and select any one of its officers as its rep- 
 resentative, during such examination of any nuisance, 
 and such representative officer shall have a seat at, and 
 be entitled to take part in, all the deliberations of the 
 state board of health, during such investigation, but 
 without the right to vote. 
 
 § 10. Said board may, from time to time, engage 
 suitable persons to render sanitary service and to make 
 or supervise practical and scientific investigations and 
 examinations requiring expert skill, and to prepare 
 plans and report relative thereto. And it is hereby made 
 the duty of all officers and agents having the control, 
 charge or custody of any public structure, work, ground 
 or erection, or of any plan, description, outlines, draw- 
 ings or charts thereof, or relating thereto, made, kept or 
 controlled under any public authority, to permit and 
 facilitate the examination and inspection, and the making 
 of copies of the same by any officer or person by said 
 board authorized ; and the members of said board, and 
 such other officer or person as may at any time be by 
 said board authorized, may, without fee or hindrance, 
 enter, examine and survey all grounds, erections, vehi- 
 cles, structures, apartments, buildings and places. But 
 no more than five thousand dollars in any one year shall 
 be expended for such special sanitary service. 
 
 § 11. It shall be the duty of said board, on or before 
 the first Monday of December in each year, to make a 
 report in writing to the governor of the state, upon the 
 vital statistics and the sanitary condition and prospects 
 of the state ; and such report shall set forth the action 
 of said board and of its officers and agents, and the 
 names thereof, for the past year, and may contain other 
 useful information, and shaU suggest any further legis- 
 lative action or precautions deemed proper for the better 
 
31 
 
 protection of life and health. And the annual report of 
 said board shall also contain a detailed statement of the 
 comptroller of all money paid out by or on account of 
 said board, and a detailed statement of the manner of its 
 expenditure, during the year last past, but its total ex- 
 penditures shall not exceed the sum of fifteen thousand 
 dollars in any one year. 
 
 § 12. The sum of fifteen thousand dollars is hereby 
 appropriated from the general fund for the purposes of 
 this act, and the expenditures properly incurred by au- 
 thority of said board, and verified by affidavit, subject, 
 however, to the limitations hereinbefore imposed, and 
 shall be paid by the treasurer upon the warrant of the 
 comptroller. 
 
 § 13. This act shall take effect immediately. 
 
 CHAPTER 513. 
 
 AN ACT to amend chapter four hundred and eighty-two 
 of the laws of eighteen hundred and seventy -five, en- 
 titled "An act to confer on boards of supervisors fur 
 ther powers of local legislation and administration, 
 and to regulate the compensation of supervisors." 
 Passed May 29, 1880 ; three-fifths being present. 
 
 Sectiok 1. • Chapter four hundred and eighty-one of 
 the laws of eighteen hundred and seventy -five, entitled 
 "An act to confer on boards of supervisors further pow- 
 ers of local legislation and administration, and to regu- 
 late the compensation of supervisors," is hereby amend- 
 ed by adding thereto the lollowing additional subdivis- 
 ions to section one of said act : 
 
 Registkation of Makeiages, Bikths and Deaths. 
 
 31. To provide for the registration, in the clerk's office 
 in each town and village in the county, of every mar- 
 riage, birth and death which may occur in said town or 
 village ; such registration to be made upon the report, 
 
32 
 
 within three days of the event, of the attending clergy- - 
 man, magistrate or physician. Such registration to be 
 made in books of record, properly bound, lettered, 
 paged, ruled, printed, indexed and prepared for the pur- 
 pose, and furnished whenever necessary, and upon a 
 written demand of the said clerk, by the board of super- 
 visors to each town or village ; the expense of which 
 books shall be a proper county charge, to be paid for as 
 a charge in the general expenses of the county. Such 
 books shall be so ruled and printed that sufficient space 
 shall be had between the lines and columns of each page 
 thereof, to clearly and fully record the date, name, resi- 
 dence, locality, giving the street and number if possible, 
 age, and disease of each person dying ; and the name or 
 names, color, age and nationality of every person mar- 
 ried, and the date thereof ; and the name or names of 
 the parent or parents, together with the sex, color, date 
 and place of birth of each child so born. 
 
 32. To provide by ordinance, rule, resolution or reg- 
 ulation for the non-removal of any dead body to any 
 place without the limits of the said county, or to pre- 
 vent the bringing to or within the limits of said county 
 of any dead body by any railroad or steamboat corpo- 
 ration, or by any express company or common carrier, 
 or by any other person or persons or corporations what- 
 soever ; or the burial or interment of any dead body 
 within the said county without a burial permit first 
 being had and obtained ; such permit to be based upon 
 a medical certificate of the cause of death, or upon a 
 coroner' s inquest, or, in case where no medical certificate 
 can be obtained, and no coroner's inquest has been held 
 or required by law, such permit may be granted upon 
 affidavit, duly verified by some person or persons known 
 to the office granting such permit, stating the circum- 
 stance, time and cause of death, as nearly as the same 
 can be ascertained, and to be issued by the clerk or a 
 justice of the peace or police justice of the town or vil- 
 lage in which such death occurs, or where such burial or 
 
33 
 
 interment is to be made, and to be recorded by him. 
 To provide books and blank forms of permits and of 
 medical certificates, properly printed and ruled for use 
 for such purposes as aforesaid, and to be furnished and 
 paid for as is provided for the books required in the 
 next preceding section hereto. Such books and such 
 permits shall in each case, contain the name of the per- 
 son or corporation to whom such permit of removal or 
 of burial is given. Any willful non-observance or diso- 
 bedience of any rules, ordinances, regulations, or reso 
 lutions of said board of supervisors, made in accordance 
 with the powers hereby granted, shall be deemed a mis- 
 demeanor, and be punishable as such. 
 
 33. To fix the amount and provide for the payment 
 of the registration fees in all such cases as aforesaid, and 
 to provide for obtaining copies of such records and for 
 the amount and payment of fees for such copies. Such 
 copies duly attested by said town or village clerk shall 
 be, adnditted in all the courts of this state as prima facie 
 evidence of the facts therein set forth. 
 
 34. To establish a fire district in any unincorporated 
 village in this state, and to authorize such district to 
 procure a supply of water, and to purchase apparatus 
 for the extinguishment of fires therein, upon the appli- 
 cation of thirty residents and freeholders of the pro- 
 posed district ; and to provide for the assessment, levy 
 and collection of the cost thereof upon such district, in 
 the same manner, at the same time, and by the same 
 oflBcers as the taxes of the town in which such village is 
 located are assessed, levied and collected. 
 
 35. To provide for and use all necessary means for 
 the prevention of, and to prevent the spread of all infec- 
 tious and contagious diseases, and for the payment of 
 all expenses necessarily incurred therefor. 
 
 § 3. This act shall take effect immediately. 
 
34 
 CHAPTER 576. 
 
 AN ACT to ascertain by proper proofs the citizens who 
 shall be entitled to the right of suffrage in cities of 
 sixteen thousand inhabitants or upwards, and the 
 towns and villages abutting against the boundary of 
 any such cities. Passed June 22, 1880 ; three- fifths 
 being present. 
 
 Section 1. The inspectors of election in each of the 
 cities of the state, whose population exceed sixteen thou- 
 sand, and in each of the towns whose boundary line 
 shall abut against any such city, shall meet annually on 
 the Tuesday three weeks preceding the general election, 
 at nine o'clock in the forenoon, at the place designated 
 for holding the poll of said election, and organize them- 
 selves as a board for "the purpose of registering the 
 names of the legal voters of such district, and for this 
 purpose they shall appoint one of their number chair- 
 man of the board, who shall administer to the other in- 
 spectors the oath or affirmation as prescribed by the con- 
 stitution, and the same oath shall then be administered 
 to the chairman by one of the other inspectors. The 
 said board shall then proceed to make a list of all per- 
 sons c^ualified and entitled to vote at the ensuing election, 
 in the election district of which they are inspectors. 
 Said list when completed shall constitute and be known 
 as the register of electors of said district. The said in- 
 spectors, at their first meeting on Tuesday, three weeks 
 preceding the general election, shall have the power, if 
 necessary to sit two days for the purpose of making said 
 list, provided that at the annual election next prior to 
 said meeting, the number of voters in the district of 
 which they are inspectors exceeded four hundred. No 
 person shall be eligible as such inspector, unless he shall 
 be a qualified voter within such election district, nor 
 unless he can read, write and speak the English language 
 understandingly. No building or part of a building 
 shall be designated or used as a place of registry or poll- 
 
35 
 
 ing place in which, or any part of which, spirituous or 
 intoxicating liquor is or has been sold within sixty days 
 preceding the time of using the same. The said inspec- 
 tors of election and registry shall also form a board of 
 inspectors of election for the purpose of holding an 
 election, by appointing one of their number as chair- 
 man ; but it shall not be necessary for them to take any 
 other or further oath of oflBce than is herein provided 
 for. The several officers of inspectors of registry and 
 elections herein named are, and shall be in all courts and 
 proceedings deemed and held respectively to be election 
 district officers. It shall be the duty of the said inspec- 
 tors, respectively, to be in constant attendance during 
 the hours allotted for the discharge of their several 
 duties, and any inspector who shall willfully absent him- 
 self from his duties shall be deemed guilty of a misde- 
 meanor, and on conviction thereof shall be punished by 
 a fine of not less than twenty -five dollars or more than 
 one hundred dollars. 
 
 § 2. Said registers shall each contain a list of the per- 
 sons qualified and entitled to vote in said election dis- 
 trict, alphabetically arranged according to their respec- 
 tive surnames, so as to show in one column the names at 
 full length, and in another column, in incorporated vil- 
 lages, the residence by the number of dwelling, if there 
 be a number, and the name of the street or other loca- 
 tion of dwelling-place of each person. It shall be the 
 duty of said inspectors to enter in said list the names of 
 all persons residing in their election district where names 
 appear on the poll-list kept in said district at the last 
 preceding general election ; and in all villages which 
 come under the provisions of this act, to enter the num- 
 ber of the dwelling and name of street or other location, 
 if the same shall be known to or can be ascertained by 
 such inspectors, and for such purpose said inspectors 
 are authorized to take from the office in which they are 
 filed the poll-list made and filed by the inspectors of 
 such district at the general election held next prior to 
 
36 
 
 the making of such register. In case a new election dis- 
 trict shall be formed, the said inspectors shall enter in 
 the list the names of such persons entitled to vote in the 
 new election district, whose names appear upon the poll- 
 list of the last general election kept in the district oi' 
 districts from which said new election district is formed. 
 The said inspectors shall complete, as far as practicabl-^, 
 the said register on the day of their maturing aforesaid, 
 and shall make four copies thereof, and certify. the reg- 
 ister and each of the copies to be a true list of the voters 
 in their district, as far as the same are known to them ; 
 within two days thereafter the said original list, together 
 with the list taken from the office as aforesaid, shall be 
 filed by said inspectors in the office of the town clerk of 
 the town, and in the office of the village clerk in which 
 such election distiii-t may be. One copy of said list 
 shall, immediately after its completion, be posted in some 
 conspicuous place in the room in which such meeting 
 shall be held, and be accessible to any elector who may 
 desire to examine the same or make copies thereof. 
 
 § 3. The said board of inspectors shall meet on the 
 Friday of the week preceding the day of general elec- 
 tion, in their respective election districts, at the place 
 designated for holding the polls of election, for the pur- 
 pose of revising and correcting said list ; and for this 
 purpose they shall meet at nine o'clock in the forenoon, 
 and remain in session until seven o'clock in the afternoon 
 of that day ; and they shall there revise, correct, add 
 to, and substract from, and complete the said lists ; and 
 shall on that day add to the said list the names of any 
 person who would, on the first Tuesday of November, 
 be entitled, under the provisions of the constitution and 
 the laws of this state, to exercise the right of suffrage 
 in their respective election districts. But in making 
 such addition on that day, or on any prior day, they 
 shall not place on the said list the name of any person 
 except in strict compliance with the provisions of section 
 
37 
 
 two and section four hereof, and the other provisions of 
 this act. 
 
 § 4. The proceedings of said board of inspectors 
 shall be open, and all persons residing and entitled to 
 vote in said district shall be entitled to be heard by said 
 inspectors in relation to corrections or additions to said 
 register. One of the lists so kept by said inspectors as 
 aforesaid shall be used by them on the day for making 
 corrections or additions for the purpose of complpting 
 the registry for such district. No addition shall be 
 made to the said register of the name of any person nor 
 sliall the name of any person be placed thereon except 
 of one who shall have appeared in person before the 
 said board; and any person not born in the United 
 States, on applying to have his name placed on the reg- 
 istry, shall prove that he is a citizen of the United 
 States, by producing a certificate of naturalization from 
 a court of competent jurisdiction ; or, in case of loss of 
 such certificate, he shall show to the satisfaction of the 
 board of registry that he is a naturalized citizen. 
 
 § 5. It shall be the duty of said inspectors, at their 
 meeting for revising and correcting said list, to erase 
 therefrom the name of any person inserted therein who 
 shall be proved to the satisfaction of said inspectors to 
 be a non-resident of said district, or otherwise not en- 
 titled to vote in said district at the election then next to 
 be held. Any elector residing in said district, and enti- 
 tled to vote therein, may appear before said board of 
 inspectors and require his name to be recorded on said 
 alphabetical list, and upon complying with the require- 
 ments of this act, the same shall be recorded. Any per- 
 son so requiring his name to be entered on said list shall 
 make- the same statement as to the street or number 
 thereof, and where he resides, required by the provisions 
 of this act of persons offering their votes at the election, 
 and shall be subject to the same pains and penalties for 
 refusing to give such information, or for falsely giving 
 the same, and shall be' also subject tc challenge, either 
 
38 
 
 by the inspectors or either of them, or by any other 
 elector whose name appears upon said alphabetical list, 
 and the same oath may be administered as to persons 
 offering to vote at an election. 
 
 § 6. After said list shall have been fully completed, 
 the said inspectors shall cause six copies of the same to 
 be made, each of which shall be certified by them to -be 
 a correct list of the voters of their district, one of which 
 shall be filed in the office of the town clerk of towns, 
 and of the clerk of the village and in the office of the 
 county clerk of the county, and one of which copies 
 shall be retained by each of the said inspectors. It shall 
 be the duty of the said inspectors carefully to preserve 
 the said list for their use on election day, and to desig- 
 nate one of their number, or one of the clerks, at the 
 opening of the polls, to check the names of every voter 
 voting in such district, whose name is on the register ; 
 and no vote shall be received at any annual election in 
 this state, unless the name of the person offering to vote 
 be on the said registry, made and completed as herein- 
 before provided, preceding the election ; and any person 
 whose name is on the registry may be challenged, and 
 the same oaths shall be put as are now prescribed by 
 law. This section shall be taken and held by every judi- 
 cial or other tribunal as mandatory and not as directory. 
 And any vote which shall be received by the said in- 
 spector of election in contravention of this section shall 
 be void, and shall be rejected from the count in any leg- 
 islative or judicial scrutiny into any result of the elec- 
 tion. 
 
 § 7. The clerks at each poll, in addition to the duties 
 now prescribed by law, shall enter on the poll-list kept 
 by them, in columns prepared for that purpose, opposite 
 the name of each person voting, the same statement or 
 minute as hereinafter required of inspectors, in making 
 the registry ; but such entry is not to be made by them if 
 the registry contains correctly the name and residence 
 of such voter. Every elector, at the time of offering his 
 
39 
 
 vote, shall, if required, truly state the street in which he 
 resides ; and if the house, lodging or tenement, in which 
 he resides is numbered, the number thereof, and the 
 clerks of the polls shall truly enter in the appropriate 
 column of the poll -list opposite the name of the elector, 
 the street in which the elector resides and the number in 
 case the house, lodging or tenement, is numbered ; and 
 if the same is not numbered, then the clerks shall enter 
 "not n,umbered" in the column of the poll-list for enter- 
 ing the ntimber, and in case of refusal to make the state- 
 ment aforesaid, the vote of such elector shall not be re- 
 ceived. Any person who shall willfully make any false 
 statemenb in relation thereto shall be deemed guilty of a 
 misdemeanor, and shall, upon conviction, be punished 
 with a fine of fifty dollars, or by imprisonment in the 
 county jail of the county, where such voter offers to 
 vote, for a period of, ten days, or by both such fine and 
 imprisonment 
 
 § 8. After the canvass of the votes, the said poll-list 
 and said register so kept and checked as aforesaid shall 
 be attached together, and shall on the following day, be 
 filed in the town clerk's office of the town in which said 
 district shall be, and in case the district is in a village, 
 in the oflice of the clerk of such village, and, also, in the 
 county clerk's office of the county, to be used by the 
 inspectors in making the list of voters at t^e next gen- 
 eral election. 
 
 § 9. The said board may, if necessary, on the day or 
 days of the making and the correction of such list, ap- 
 point a clerk to assist them in the discharge of the duties 
 required by this act ; and the same oath shall be taken 
 by such clerk as is required by law of clerks of the polls 
 and of elections. 
 
 § 10. The registers shall, at all times, be open to 
 public inspection at the oflice of the authorities in which 
 they shall be deposited, without charge. 
 
 § 11. The members of the board of registration and 
 their clerks shall each receive the same compensation as 
 
40 
 
 is now allowed by law for inspectors of elections, for 
 each day actually employed in making and completion 
 of the registry, to be paid to them at the time and in the 
 manner in which they are paid their other fees. The 
 necessary blanks and instructions, and other incidental 
 expenses, incurred in executing the provisions of this 
 act, shall be provided and paid for in the manner now 
 provided for the payment of incidental expenses of elec 
 tion of the like character. 
 
 § 12. The said board shall have and exercise the same 
 powers in preserving order at their meetings under this 
 act, as are given to inspectors of election for preserving 
 order on election days. 
 
 § 13. Any one of the inspectors may, at any author- 
 ized meeting of the board, administer the oath or oaths 
 now required by law to test the qualification of electors, 
 and may also administer on the day of the making and 
 completioa of the list, to any elector of the district who 
 may be offered as a witness to prove the qualificatiom of 
 any person claiming the right to be registered, the fol- 
 lowing oath : "You do swear, or affirm, that you are an 
 elector of this election district ; that you will fully and 
 truly answer all such questions as shall be put to yon 
 touching the place of residence and other qualifications 
 as an eleector of the person now claiming the right to be 
 registered as a voter in this district." And whoever 
 shall willfully swear falsely upon such examination shall 
 be deemed guilty of perjury. 
 
 § 14. Any person who shall cause his name to be reg- 
 istered in more than one election district, or who shall 
 cause his name to be registered, knowing that he is not a 
 qualified voter, in the town or district where said regis- 
 try is made, or who shall falsely personate any register- 
 ed voter, and any person causing any such act, or aiding 
 or abetting any person in any manner in either of said 
 acts, shall be punished for each and every offense, by 
 imprisonment in the state prison for not less than one 
 year. All false swearing before said board of registra- 
 
41 
 
 tion shall be deemed willful and corrupt perjury, and 
 on conviction punished as such. If any member or 
 officer of said board shall willfully violate any of the 
 provisions of this act, or be guilty of any fraud in the 
 execution of the duties of his office, he shall be punish- 
 ed for each and every offense by imprisonment in the 
 state prison for not less ttian one year. , 
 
 § 15. The same list required to be made and perfected 
 at general elections shall, in the same manner, be made 
 and perfected by the .inspectors or other officers of 
 election at all elections for town and village officers, and 
 all elections for school trustees, or boards of education, 
 in any village wherein under the provisions of law, any 
 of the villages mentioned in this act elect school trustees 
 or boards of education by ballot ; and the provisions 
 and requirements of this act, so far as the same may be, 
 are made applicable to such elections, except that the 
 officers required to make such registries shall meet for 
 for that purpose on the Friday preceding the town or 
 , village charter election, and on the Friday preceeding 
 the election for school officers for the purpose of making 
 Tip, revising, correcting and completing such register. 
 
 § 16. The secretary of state shall cause this law to be 
 printed, and a sufficient number of copies thereof sent 
 to the county clerks of the several counties in which 
 there are towns aijd villages which come under the pro- 
 visions of this act to supply each of the officers men- 
 tioned or named in this act, with a copy, and it shall be 
 the duty of the said county clerks immediately to trans- 
 mit a copy of the same to each of the election officers 
 mentioned in this act 
 
 § 17. Nothing in this act contained shall be held to 
 apply to any vote cast, or offered to be cast, nor to any 
 vote under or by virtue of the provisions of any law 
 enacted to enable qualified electors of this state, absent 
 therefrom in the military service of the United States, or 
 in the army or navy thereof, to vote. . 
 
42 
 
 § 18. The provisions of this act shall apply to the 
 towns of Richmond county. 
 
 § 19. This act shall not apply to any town unless at 
 least twenty -five electors thereof sha,ll petition the super- 
 visor of said town for such registry, at least one week 
 before the time for meeting of the inspectors mentioned 
 in the third section of this act, which petition shall be 
 immediately filed by said supervisor in the town clerk's 
 office of said town, which clerk shall at once notify the 
 said inspectors ; nor shall this act be construed to repeal 
 or in any manner interfere with any general or special 
 act for a registry of voters in any of the cities, villages 
 or towns, of this state. 
 
 § 20. No vote shall be received at any general election 
 in this state, unless the name of the person offering to 
 vote be on the said registry made on the Friday preced- 
 ing the election, except that the person offering to vote 
 in any district not in an incorporated city nor in an in- 
 corporated village having over ten thousand inhabitants, 
 shall furnish to the board of inspectors his affidavit giv- 
 ing his reasons for not appearing on the day for correct- 
 ing and verifying the list, and prove by the oath of a 
 householder of the district in which he offers his vote 
 that he knows such person to be an inhabitant of the 
 district ; and any person whose name is on the registry 
 may be challenged, and the same oaths shail be put as 
 are prescribed by law. At any general election hereafter 
 held in this state, any of the inspectors of such election 
 may take the affidavit herein required by law to be fur- 
 nished by persons offering to vote whose names are not 
 on the registry of electors ; and such inspectors, or one 
 of them, shall, upon request, take and certify such affi- 
 davit without fee or reward. All other officers author- 
 ized by law to take affidavits shall at all times, upon re- 
 quest, take and certify any affidavit so required to be 
 furnished as aforesaid, without any charge therefor. 
 
 § 21. This act shall take effect immediately. 
 
43 
 STRAYS UPON HIGHWAYS, ETC. 
 
 AMENDMENTS BY THE CODE OF CIVIL PROCEDURE. 
 
 Subdivision V, Chap, vi, of this work, has been amended 
 by the Code of Civil Procedure, since it was incorpor- 
 ated into this work. We here give the amendments, 
 which become law, September 1st, 1880, and allow the 
 former statute to stand for the sake of comparison. 
 '§3083. Action against persons suffering animals 
 TO stray. Any person, who suffers or permits one or 
 more cattle, horses, colts, asses, mules, swine, sheep or 
 goats, to run at large, or to be herded or pastured, in a 
 public street^ highway, park, or place, elsewhere than in 
 a city, incurs thereby the penalty or penalties specified 
 in the next section; and any resident of the town, or the 
 oflBicer to whom a fine or penalty is to be paid for the 
 benefit of the poor, as prescribed in section 2875 of this 
 act, or the overseer or superintendent of the poor of the 
 town or district, in which one or more of those animals 
 are found so running at large, herded or pastured, may 
 maintain an action against him, in a justice's court, held 
 in that town or district, to recover the penalty or penal- 
 ties so incurred. Where the action is brought by a pri- 
 vate pprson, the justice must pay the proceeds of an exe- 
 cution, issued upon a judgment therein in favor of the 
 plaintiff, after deducting the costs, to the officer, who 
 might have brought the action, as prescribed in this sec- 
 tion, to be applied by him to the support of the poor 
 within his town or district. 
 
 § 3083 Penalties to be recovered. If the plaintiff 
 recovers judgment, in an action brought as prescribed in 
 the last section, the justice must award to him the follow- 
 ing sums, by way of penalties, besides the costs of the 
 action: 
 
 1. For each horse, colt, ass, mule, swine, bull, ox, cow, 
 or calf, five dollars. 
 
 2. For each sheep or goat, one dollar. 
 
 The entire amount of the penalties may be recovered, 
 
44 
 
 in one action, although it exceeds the sum, for which a 
 justice can render a judgment in an ordinary action. 
 
 § 3084. Certain officers to seize animals straying. 
 Where one or more cattle, horses, colts, asses, mules, 
 swine, sheep, or goats, are found running at large, or be- 
 ing herded or pastured, in a public street, highway, park 
 or place, elsewhere than in a city, the overseer of high- 
 ways of the road district, or, if they are so found within 
 an incorporated village, the street commissioner thereof, 
 having personal knowledge or being notified of the fact, 
 must immediately seize the animal or animals, and keep 
 it or them' in his possession, until disposed of as pre- 
 scribed in the following sections of this title. 
 
 § 3085. When private person may seize huch ani- 
 mals. Any person may seize one or more animals speci- 
 fied in the last section, then running at large, or being 
 herded or pastured, in a public street, highway, park, or 
 place, elsewhere than in a city, bordering upon real 
 property owned or occupied by him; or then trespassing 
 upon real property so owned or occupied, having entered 
 thereupon from such a public street, highway, park, or 
 place. The person making the seizure, must keep the 
 animal or animals seized in his possession, until dis- 
 posed of as prescribed in the following sections of this 
 title. 
 
 § 3086. Officer or person seizing to present peti- 
 tion. An officer or other person, who seizes an animal 
 or animals, as prescribed in either of the last two sections, 
 must immediately file, with a justice of the peace of the 
 town in which the seizure was made, a written petition, 
 verified by his oath; setting forth the facts, which bring the 
 case within either of those sections; briefly describing the 
 animal or animals seized; stating either the name of the 
 owner, or that his name is not known to the petitioner, 
 and cannot be ascertained by him with reasonable dili- 
 gence; and praying for a final order directing the sale of 
 the animal or animals seized, and the application of the 
 proceeds thereof, as prescribed in this title. Where the 
 
45 
 
 petition alleges, that any animal or animals seized, were 
 then trespassing upon real iDroperty owned or occupied 
 by the petitioner, it must state the amount of the dam- 
 ages, if any, which the petitioner has sustained thereby. 
 In that case, the decision of the justice, or, where the 
 issues are tried by a jury, the verdict, must fix the amount 
 of the damages. 
 
 § 3087. Precept thereupon. Upon the presentation 
 of the petition, the justice must issue a precept under his 
 hand; directed to the owner, if his name is stated in the 
 petition, or, if it is not so stated, directed generally to 
 all persons having any interest in the animal or animals 
 seized; briefly reciting the substance of the petition; de- 
 scribing the animal or animals seized, and rec[uiring the 
 person or persons, to whom the precept is directed, to 
 show cause before the justice, at a time and place speci- 
 • fied therein, not less than ten nor more than twenty 
 days, after the issuing of the precept, why the prayer of 
 the petition should not be granted. 
 
 § 3088. Id. ; how served. The precept must be served 
 upon the person, to whom it is directed by his .name, 
 within the same time, and in like manner as a summons 
 is required to be served, as prescribed in section 2910 of 
 this act. Where it is directed generally to all persons, 
 having an interest in the animal or animals seized, it may 
 be served by a constable of the town, or by an elector there- 
 of, specially authorized so to do by a written indorsement 
 upon the precept, under the hand of the justice, by post- 
 ing a copy thereof in at least six public and conspicuous 
 places in the town where the seizure was made ; one of 
 which places must be the nearest district school-house, 
 or, if the seizure was made within an incorporated vil- 
 lage, having schools in charge of a board of education, a 
 building in which such a school is kept. Bach copy 
 must be so posted, within two days after the precept is 
 issued. Where the precept is directed to a person by his 
 name, and proof is made, by affidavit, to the satisfaction 
 af the justice, that it cannot, with reasonable diligence, 
 
46 
 
 be ^Jersonally served upon that person, within the coun- 
 ty, at least six days before the return day thereof, the 
 -justice may, by a written order, direct that service there- 
 of be made, by posting copies thereof, at least five days 
 before the return day, as prescribed in this section ; in 
 which case, service tjiereof may be made accordingly. 
 
 § 3089. Proof of service of precept. At the place 
 where the precept is returnable, and at the expiration of 
 the time specified in section 2893 of this act, the petitioner 
 must, unless the precept is directed to a person by his 
 name, and he appears, furnish proof of the service of the 
 precept, as prescribed in the last section. If it was 
 served by a constable, either personally or by posting, 
 his written return upon the precept is sufficient proof of 
 the facts relating to the service, as stated therein. If it 
 was served by a private person, proof of service must be 
 made by aflBldavit. 
 
 § 3090. Answer ; trial. The owner, or a person hav^ 
 ing an interest in any animal seized, may appear upon 
 the return of the precept, and thereby make himself a 
 party io the special proceeding. The person so appear-- 
 ing may, upon the return of the precept, file a written 
 answer, subscribed by him or his attorney, and verified 
 by the oath of the person subscribing it, denying, abso'- 
 lutely or upon information and belief, one or more ma- 
 terial allegations contained in the petition. His answer 
 must also set forth his interest in the animal or animals 
 seized. The subsequent proceedings must be the same 
 as in an action in a justice's court, wherein an issue of 
 fact has been joined, except as otherwise specially pre- 
 scribed in this title. 
 
 § 3091. Decision" in favor op petitioner ; warrant 
 TO SELL ; execution THEREOF. If no persou appears 
 and answers, or if the decision of the justice, or the ver- 
 dict of the jury, where the issues were tried by a jury, 
 is in favor of the petitioner^ the justice must make a final 
 order, directing the sale of the animal or animals seized, 
 and the application of the proceeds thereof, as prescribed 
 
47 
 
 in this title; Thereupon the justice must issue a war- 
 rant, under his hand, directed generally to any constable 
 ot the, county, commanding him to sell the animal or 
 miimals seized, at public auction, for the best price which 
 he can obtain therefor ; and to make return thereof to the 
 justice, at a time and place therein specified, not less than 
 ten nor more than twenty days thereafter. The sale must 
 be made upon the like notice, and in like manner, as a 
 sale of property, by virtue of an execution issued by a 
 jifstice of the peace; and the constable must make re- 
 turn, as required by the warrant, and must pay the pro- 
 ceeds of the sale to the justice, deducting therefrom his 
 fees, at the rate allowed by law for the collection of such 
 an execution. 
 
 § 3032. Application of pkoceeds op sale. The jus- 
 tice must apply the proceeds of the sale as follows: 
 
 1. He must' pay the costs of the petitioner, as taxed by 
 the justice, at the same rates as the costs of an action 
 brought before him, including the justice's fees in such 
 an action ; and also the fees for the service of the pre- 
 cept, either personally or by posting, at the rate allowed 
 by law for personal service of a summons by a con- 
 stable. 
 
 2. Out of the remainder of the proceeds, he may re- 
 tain, to his own use, a fee of one dollar, for each animal 
 sold. 
 
 3. Out of the remainder of the proceeds, he must pay 
 to the officer, or other person making the seizure, the 
 ifdllowing fees, for the seizure of each animal seized and 
 sold, to wit : one doUar for each horse, colt, ass, or mule; 
 fifty cents for each bull) ox, cow, or calf ; and twenty- 
 five cents for each goat, sheep; or swine ; together with 
 a reasonable -compensation, fixed by him, for the care 
 and keeping, of each animal, from the time of the seizure 
 to the time of the sale ; and, also, where any animal sold 
 was seizedj while trespassing upon- real property owned 
 or occupied by the petitioner,;ithe damages sustained by 
 the petitioner in consequence thereof, as ascertained by 
 
48 
 
 tlie decision of the Justice, or the verdict of the jury, 
 upon which the final order was made. 
 
 4. Out of the remainder of the proceeds, he must pay 
 to the oflBcer, to whom a fine or penalty is to be paid for 
 the benefit of the poor, as prescribed in section 2875 of 
 this act, the following penalties, to wit : five dollars for 
 each horse, colt, ass, mule, bull, ox, cow, calf, or swine, 
 seized and sold ; and one dollar -for each sheep or goat, 
 seized and sold ; which penalties must be received by 
 the officer, for the benefit of the poor of his town or dis- 
 trict. 
 
 5. If any surplus remains, he must pay the same to 
 the person or persons entitled thereto, as prescribed in 
 the following sections of this title. 
 
 § 3093. Disposition of surplus. Any person may, 
 within ten days of ter the return of the warrant, file, with 
 the justice, a written claim to the surplus of the proceeds 
 of the sale, or to any part thereof. On the eleventh day 
 after the return, or, if it is a Sunday or a public holiday, 
 on the first day thereafter, which is neither Sunday nor 
 a public holiday, the justice must proceed to inquire into 
 the claims so filed ; and, for the purpose of determining 
 them, he must hear the allegations and proofs of each 
 claimant ; and he may issue subpoenas, as upon the trial 
 of an action. He may, upon the application of any 
 claimant, and for good cause shown, adjourn the hear- 
 ing, from time to time, but not more than thirty days in 
 all. After hearing the allegations and proofs of all the 
 claimants, he must decide the claims, and enter an order 
 accordingly. If no claim is filed, or if the right to the 
 surplus money, or any part thereof, is not established, 
 to the satisfaction of the justice, as prescribed in this 
 section, any person, whose claim was not determined 
 upon the hearing, may file a claim thereto, at any time 
 before the expiration of a year from the return of the 
 warrant ; and, thereupon, the justice must proceed, as 
 prescribed in this section with respect to a claim filed 
 within the ten days. 
 
49 
 
 § 3094. Id. ; when no claim made within a tear. If, 
 at the expiration of one year after the return of the war- 
 rant, any portion of the surplus remains, a claim to 
 which has not been established to the satisfaction of the 
 justice, pursuant to the provisions of the last section, the 
 justice must pay it, for the benefit of the poor to the 
 officer to whom a fine or penalty is to be paid for the 
 benefit of the poor, as prescribed in section 2875 of this 
 act ; and, thereupon, all persons are forever barred from 
 any claim thereto. But if a claim, filed as prescribed in 
 the last section, remains undetermined at the expiration 
 of the year, the justice must determine it within ten days 
 thereafter ; and, for that purpose, he must retain the sur- 
 plus in his hands until the determination. 
 
 § 3095. Okdek upon claim foe sueplus ; appeal 
 THEEEFEOM. An appeal from an order determining a 
 claim, as prescribed in the last two sections, may be 
 taken to the county court, by a claimant, within ten days 
 after the making of the order, as from a judgment of a 
 justice in an action to recover a sum equal to the claim ; 
 and the proceedings thereupon are the same, except that 
 an undertaking is not necessary for any purpose, Upon 
 such an appeal, each other claimant, whose interest is 
 affected by the order appealed from, must be made a 
 respondent. If there is no such claimant, the officer en- 
 titled to the surplus must be made respondent ; but costs 
 cannot be awarded against him, unless he appears upon 
 the appeal ; in which case, the costs are in the discretion , 
 of the appellate court. Where an appeal, taken as pre- 
 scribed in this section, is perfected, the county judge 
 may, in his discretion, make an order extending the time, 
 within which payment of the surplus must be made, as 
 prescribed in the last section, and staying payment ac- 
 cordingly. Unless such an order is made, and a copy 
 thereof is served upon the justice, payment must be 
 made as prescribed in the last section, notwithstanding 
 the appeal ; and upon proof of the payment, the appeal 
 must be dismissed. When an appeal is taken to the su- 
 
50 
 
 preme court, from the determination of the county court, 
 the county judge, or a justice of the supreme court may 
 make a like order, and with like effect. 
 
 § 3096. Peooeedings trpow decision in favor of 
 PERSON ANSWERING. If the decisiou of the justice, or 
 the verdict of the jury, when the issues are tried 
 by jury, is in favor of the person answering, it 
 must fix the value of each animal seized. If the 
 justice or the jury find that the seizure was malicious, 
 and without probable cause, the decision or verdict must 
 assess the damages sustained by the person answering, 
 by means of the seizure and detention. The justice must 
 thereupon make a final order, awarding to the person so 
 answering, the return of the animal or animals so seized, 
 or the value thereof if a return cannot be had ; together 
 with his costs, at the rates allowed by law in an action 
 brought before him to recover a chattel ; and, also, twice 
 the sum assessed as his damages, if any. Thereupon a 
 warrant must be issued by the justice to a constable, to 
 the same effect, as an execution issued, in an action to re- 
 cover a chattel, upon a judgment in favor of the defend- 
 ant, where the chattel has not been delivered to him'; 
 and each provision of this chapter, relating to a judgment 
 and an execution in such a case, applies to a final order 
 made, and a warrant issued thereupon, as prescribed in 
 this section. 
 
 § 3097. Demand op possession before trial ; pro- 
 ceedings THEREUPON. At any time after the precept is 
 issued, and before the commencement of the trial, the 
 owner of any animal seized may file with the justice a 
 written demand of possession thereof. Thereupon he is 
 entited to the possession, upon complying with the fol- 
 lowing terms :. 
 
 1. He must pay to the justice, for the use of the peti- 
 tioner, the costs of the proceedings, to the time of filing 
 the demand, as prescribed in subdivision first of section 
 3092 of this act, and, also, the sums payable on account 
 f each animal, whereof possession is so demanded, as 
 
prescribed in subdivision third of the same section; 
 which sums must be fixed by the justice, after hearing 
 the allegations and. proofs of the parties. 
 
 2 He must also pay to the justice, a fee of one dollar 
 for each animal, whereof possession is so demanded. 
 
 3. If the petitioner is an officer, to whom a fine or pen- 
 alty is to be paid for the benefit of the poor, as prescribed 
 in section 2875 of this act, the claimant must also pay to 
 the justice, for the petitioner's us§, the sum specified 
 therein on account of each animal, whereof possession is 
 so demanded. 
 
 4. The claimant must also prove, to the satisfaction of 
 the justice, by affidavit or other competent evidence, that 
 he is the owner of each animal, whereof possession is so 
 demanded. Each person who has appeared must have 
 notice of, and may Oppose, the claim. 
 
 § 3098. Id. ; when animal wilfully set at large 
 BY THiED PEKSON. But where, in a case specified in the 
 last section, the person filing a demand, presents there- 
 with to the justice sufficient proof, by affidavit or other- 
 wise, that the running at large, herding, pasturing, or 
 trespassing, by reason whereof the animal or animals, of 
 which Tie demands possession, were seized, was caused 
 by the wilful act, intended to effect that object, of a per- 
 son other than thfe owner ; and also makes the proof 
 specified in subdivision fourth of that section ; he is en- 
 titled to possession, pursuant to' his demand, upon pay- 
 ing tcf the petitioner, or to the justice for his use, a rea- 
 sonable sum, to be fixed by the justice, after hearing the 
 allegations and proofs of the parties, as compensation for 
 the care and keeping of the animal or animals, whereof 
 possession is so demanded, and without paying any other 
 sum, specified in the last sectioli. 
 
 § 3099. Action by owner in such a case. The owner 
 of ah animal, seized in consequence of a wilful act speci- 
 fied in the last section, may recover, in an action against 
 the person who committed it, all damages sustained by 
 him, in consequence thereof, including the sum paid in 
 
52 
 
 order to recover possession of the animal, as prescribed 
 in the last section ; and, in addition thereto, the sum of 
 twenty dollars for each animal seized. 
 
 § 3100. AOTIOK BY PETITIONER AND BY OEFICEE. Where 
 
 the possession of an animal has been delivered, as pre- 
 scribed in the last section but one, an action may also be 
 maintained, by the petitioner in the special proceeding 
 before the justice, against the person who committed the 
 wilful act, to recover, in addition to all other damages 
 sustained by the plaintiff in consequence of the wilful 
 act, all sums, to which the plaintiff would have been en- 
 titled out of the proceeds of the sale, as prescribed in 
 section 3092 of this act, other than the compensation paid 
 for the care and keeping of the animal. In the like case, 
 if the petitioner is a private person, the officer, to whom 
 a fine or penalty is to be paid for the benefit of the poor, 
 as prescribed in section 2875 of this act, may maintain 
 an action against the person, who committed the wilful 
 act, to recover the penalties to which the plaintiff would 
 have been entitled, out of the proceeds of the sale, as 
 prescribed in that subdivision. Neither of the actions 
 specified in this or the last section is affected by the pen- 
 dency of, or the recovery of judgment in, either of the 
 others. 
 
 § 3101. Demand of possession after final order 
 AND BEFORE SALE. A persou, entitled to demand the 
 possession of an animal, as prescribed in section 3097 of 
 this act, who did not appear upon the return of the pre- 
 cept, or upon the trial, may file, with the justice, a writ- 
 ten demand of the possession, at any time after the final 
 order, and not less than three days before the time ap 
 pointed for the sale; and, thereupon, he is entitled to 
 the possession, upon complying with the following 
 terms : 
 
 1. He must furnish, by affidavit or other competent evi- 
 dence, a sufficient excuse, to the satisfaction of the justice, 
 for his failure to appear. 
 
 2. He must, in all respects, comply with the provisions 
 
63 
 
 of section 3097 of this act ; except that it is necessary for 
 him to pay only one-half of the justice's fee, as prescribed 
 in subdivision second of that section ; and one-half of the 
 fees payable to the petitioner, for the seizure of each 
 animal, as prescribed in subdivision third of section 3092 
 of this act. 
 
 § 3102. Oeder upon demand of possession ; appeal 
 THEEEE'EOM. Where a demand for the return of the pos- 
 session of an animal is filed, as prescribed in either of 
 the last five sections, the justice must, at the request of 
 either party thereto, make, and enter in. his minutes, an 
 order determining the same. An appeal from such an 
 order may be taken to the county court, by the person 
 making the demand, or by either party to the special 
 proceeding, at any time before the final order in the 
 special proceeding is made ; and each person or party so 
 entitled to appeal, must be made a respondent upon an 
 appeal taken by one of the others. The appeal must be 
 taken in like manner, as an appeal from a judgment of 
 the justice in an action to recover a chattel ; and the pro- 
 ceedings thereupon are the same, except as otherwise 
 prescribed in the next section. 
 
 § 3103. Id. ; stay of peoceedings. An appeal from 
 an order, specified in the last section, is not effectual for 
 any purpose, , unless the appellant procures from the 
 county judge an order, directing a stay of the proceed- 
 ings upon the petition, and a stay of the execution of the 
 order appealed from, and files it with the justice, within 
 the time allowed for the appeal. The order may be 
 granted or refused, in the discretion of the county judge, 
 or granted upon such terms, as to security or otherwise, 
 as he thinks proper ; and it may be vacated or modified, 
 either absolutely, or unless further security is given, in 
 his discretion. 
 
 § 3104. Appeal feom final oedee. Within ten days 
 after a final order upon a petition is made, as prescribed 
 in this title, an appeal therefrom may be taken by the 
 petitioner, or by the person answering, in like manner as 
 
54 
 
 an appeal from a judgment of the justice in an action to 
 recover a sum of money, equal to the value of the ani- 
 mal or animals, and the proceedings thereupon are the 
 same, except as otherwise prescribed in the next section. 
 
 § 310o. Id., by claimant; stay of peoceedings and 
 DELIVERY OF POSSESSION. An appeal from a final 
 order, taken, as prescribed in the last section, by the per- 
 son answering, is not effectual for any purpose, unless the 
 appellant files, with the notice of appeal, an order of the 
 county judge, or, if he is absent from the county, of a 
 justice of the supreme court, reciting that the appeal 
 has been perfected, and that security has been given 
 thereupon, as prescribed in this section, and directing a 
 stay of proceedings upon the final order appealed from, 
 and that the possession of the animal or animals seized 
 be delivered to the appellant. The order can be made, 
 only where an undertaking is given by the appellant, as 
 required for the purpose of perfecting an appeal from a 
 judgment, and staying the execution thereof ; and also 
 an undertaking, in the same or another instrument, to 
 the effect that, if the final order appealed from is affirmed, 
 or if the appeal is dismissed, the appellant will pay all 
 sums which the justice awards against him, upon the 
 hearing, after the determination of the appeal, as pre- 
 scribed in the next section, not exceeding a sum specified 
 therein ; which must be, at least, twice the amount of all 
 the sums, which might be deducted from the proceeds of 
 the sale, as prescribed in section. 3092 of this act. The 
 sum must be fixed, and the undertaking must be ap- 
 proved, by the judge who grants the order. Upon filing 
 the order with the justice, the appellant is forthwith en- 
 titled to the possession of the animal or animals seized. 
 
 § 3106. Peoceedings upon affiemance. If the final 
 order appealed from is affirmed, upon an appeal taken 
 by the person answering, the county court must appoint 
 a time and place, at which the justice must fix the sums 
 payable by the appellant, pursuant to his undertaking. 
 The justice may adjourn the hearing to another place, 
 
55 
 
 and ta another time, not exceeding three days after thij 
 time BO appointed. The justice must fix the sums so 
 payable, as if a warrant for the sale of- the animals seized 
 had been returned, and the proceeds thereof paid to him 
 by the constable, as prescribed in section 3092 of this act. 
 The undertaking upon the appeal enures to the benefit 
 df each officer, to whom any sum is payable, as prescribed 
 in that section ; and, with respect to any of those sums> 
 the respondent is a trustee for the ofiicer entitled 
 thereto. 
 
 § 3107. Limitation op action for seizing animals. 
 Where an animal is seized, upon the ground that it was 
 running at large, or was being herded or pastured, or was 
 trespassing, contrary to the provisions of this title ; and 
 the officer or other person making the seizure, immedi- 
 ately files his petition, and diligently prosecutes the same; 
 as prescribed in this title ; an action to recover the ani- 
 mal so seized, or to recover damages for the seizure, or 
 for any act subsequent thereto, must be commenced with- 
 in one year after the cause of action accrues. 
 ■ § 3108. Certain actions CANNOT BE ^maintained. A 
 person, to whom the precept was directed by his name, 
 and who was personally served therewith, or a person 
 who has appeared and answered in the special proceed- 
 ing, or demanded the return of any animal seized, cannot 
 maintain an action against the officer or other person 
 seizing an animal, or a person acting by his command, or 
 in his aid, in a case specified in the last section. But, 
 except as specified in this section, the owner of an ani- 
 mal seized or detained, under color of any provision of 
 this title, may maintain an action to recover the animal, 
 or its value, or damages for the seizure or detention, or 
 for any unlawful act subsequent thereto, if, in fact, the 
 animal was not, at the time of the seizure, running at 
 large, or being herded or pastured, or trespassing, as the 
 case may be, as specified in the foregoing provisions of 
 this title. 
 § 3109. Where several animals are trespassing 
 
56 
 
 For 
 
 the purpose of determining the damages sustained by the 
 petitioner, where two or more animals are found simul- 
 taneously trespassing upon real property, owned or occu- 
 pied by him, all the damage done by all the animals seized, 
 is to be regarded as done by them jointly ; and the peti- 
 tioner's remedy therefor is entire, and must be enforced 
 against all the animals, and the proceeds of the sale there- 
 of. When different persons, who are known, own differ- 
 ent animals seized, the precept must be directed to all of 
 them by their names. If one or more of the owners are 
 known, and the others are unknown, and cannot be ascer- 
 tained with reasonable diligence, the precept must be 
 directed to each known owner, by his name, and, also 
 generally to all persons having an interest in those ani- 
 mals, the owners of which are unknown. In a case speci- 
 fied in this section, a demand of the possession of an 
 animal seized cannot be made, as prescribed in section 
 3097 or 3101 of this act, unless it is made with respect to 
 all the animals seized, and by persons entitled to th^ pos- 
 session of all of them. But a separate demand may be 
 made, as prescribed in section 8098 of this act. by each 
 owner of one or more animals seized ; in which case, if 
 possession is delivered to him, as prescribed in that sec- 
 tion, the petitioner's remedy for his damages is the same, 
 with respect to the animal or animals, of which posses- 
 sion is not so delivered, and against the proceeds of the 
 sale thereof, as if those, whereof possession is so de- 
 livered, had not been trespassing upon the property. 
 
 § 3110. Proceedings in other cases, where there 
 ARE DIFFERENT OWNERS. Where the petitioner does not 
 allege, that the animals seized were trespassing upon real 
 property owned or occupied by him, and different per- 
 sons own different animals seized, a separate special pro- 
 ceeding may be instituted, as prescribed in this title, 
 against each owner, or against any two or more owners, 
 with respect to the animals owned by him or them. Or 
 the proceedings may be taken against all the owners 
 
57 
 
 jointly ; in which case, each person to whom the precept 
 is directed by liis name, ahd each person having an in- 
 terest in an animal seized, has the same right to demand 
 the possession of the animal owned by him, and the same 
 right to answer separately, as if the special proceeding 
 was against him separately ; and the final order may be 
 in favor of one or more of the persons so answering, with 
 respect to the animal or animals owned by him or them, 
 and for his or their costs ; and against the remainder of 
 the persons answering, or to whom the precept was 
 diijected, or for the sale of the remainder of the animals, 
 in like manner, as if the former persons had not answered, 
 or had not been named in the precept. But the person, 
 first making a demand of the possession of any animal 
 seized, must pay all the costs to the time of the demand ; 
 and a person, subsequently making a demand, is excused 
 from the payment of any costs, except those which have 
 accrued since the former demand. 
 
 § 3111. Surplus, wheke there are different own- 
 ers. Where proceedings are taken jointly against dif- 
 ferent persons, who own different animals seized, as pre- 
 scribed in either of the last two sectipns, the surplus, 
 remaining in the justice's hands, must be distributed be- 
 tween them, in proportion to the value of the animals 
 owned by each, to be determined by the justice. Any 
 owner may elaim separately his proportion of the sur- 
 plus ; and sections 3093 and 3094 of this act apply to a 
 claim made, and to the disposition of the surplus arising, 
 as prescribed in this section. 
 
 § 3112. When one action, etc., supercedes any 
 OTHER. When two or more persons, or an officer and a 
 private person, are authorized by this title, to bring an 
 action, or to seize an animal, and take the proceedings 
 prescribed in this title for the disposition thereof, the 
 commencement of an action, or the seizure of the animal, 
 by either of them, supercedes the right of any of the 
 others to bring such an action, or to make such a seizure, 
 with respect to the animal seized, or in question in the 
 action. But the justice may, in his discretion, allow an 
 
58 
 
 officer or othe person, who is interested in the recovery, 
 or in the application of the proceeds of the sale, to ap- 
 pear in the action or special proceeding, for the purpose 
 of protecting his interest, and to take such part in the 
 proceedings therein, as the justice thinks proper. 
 
 § 3113. Rights op officee when private person 
 F/iLs TO PROSECUTE. When a seizure is made by a pri' 
 vate person, as prescribed in this title, and the possession 
 of an animal seized is abandoned by him, without filing 
 a petition ; or where an action, brought by a private per- 
 son, as prescribed in this title, is settled or discontinued 
 by the plaintiff ; the officer, to whom a penalty is pay- 
 able, as prescribed in section 3083 of this act, or in subdi- 
 vision fourth of section 3092 of this act, may, unless he 
 has assented to the abandonment, settlement, or discon 
 ti nuance, maintain an action against the owner of the 
 animal in question, to recover the penalty so payable to 
 him ; and, upon proof of the facts, which would have 
 entitled the plaintiff in the former action, or the peti- 
 tioner in the special proceeding, to recover, he is entitled 
 to judgment accordingly. 
 
 § 3114. Person having a special property deemed 
 OWNER. When a person is, at the time o± the seizure, 
 entitled to the possession of an animal, as against the 
 general owner thereof, by virtue of a special property ' 
 therein, he is deemed, for all the purposes T>f this title, 
 the owner thereof. 
 
 § 3115. Agent may act for his principal. The duly 
 authorized agent of the owner or person entitled to the 
 possession of an animal, as specified in the last section, 
 may, in his own name, answer, make any demand, or 
 take any other proceeding, which the owner or person so 
 entitled may take, as prescribed in this title. 
 
INDEX. 
 
 A 
 
 ACADEMIC DEPAKTMENT: 
 
 Established in tTnion Free School Districts, when 96 
 
 Subject to Regents >....., ,.„.. 100 
 
 Qualification of Pupils in .., 100 
 
 Existiag Academy may be adopted, when « ,....,.. 100 
 
 Subject to Superintendent, etc ..>,.........A00-1 
 
 ACCOUNTS: 
 
 How audited and certified. 219 
 
 To be verified, by whom 29 
 
 Claimants may be examined, when.............................. 30 
 
 Further invesHgatlDn <^...., 69-60 
 
 ACT OF INCOBPOBATION! 
 
 Prior Villages, incorporated ondef, how 54 
 
 ADDENDA: StrB-PAonw* 1 
 
 Laws of 18S0, Amendments of, &c. 
 
 Chap. 12— Bonded Indebtedness 8 
 
 Chap. 27— School Act Amended..... 9 
 
 Chap. 61 — ^Village Act Amended 1 
 
 Chap. lU— Public Boads, etc ..., ID 
 
 Chap. 144 — Village Act Amended.... 1 
 
 Chap. 145 — Liverymen, &o., protected 12 
 
 Chap. 172— Village Act Amended.... 2 
 
 Clxap. 176 — Tramps, how puniihed.. 13 
 
 Chap. 186— Disorderly Conduct in Public Conveyances, 
 
 punished..... 14 
 
 Chap. 204 — As to Bonded Indebtedness 4 
 
 Chap. 209 — MalieioQS Letter-Writing, how punished 15 
 
 Chap. 210 — School Act Amended 15-8 
 
 Chap. 235 — Costs in Police Courts, &c 4 
 
 Chap. 292 — Village Act Amended 5 
 
 Chap. 305 — Sidewalks in Unincorporated Villages, how built, 6 
 
 Chap. 308 — Highway Act, &c 18 
 
 Chap. 422 — Village Act Amended 30 
 
 Chap. 434— Village Act Amended 28 
 
 Chap. 448— Uncollected Taxes, etc 24 
 
 Chap. 4.')5— School Act Amended 22 
 
 Chap. 496— Village Act Amended 24 
 
Page. 
 
 Chap. 322 -State Board of Health 26 
 
 Chap. 512 — ^Registration of Marriages, Births and Deaths.... 31 
 Chap. 576 — Towns and Villages abuttiag cities of 16,000 
 
 inhabitants and upwards, must register. 34 
 
 AMENDMENTS OF 1880: 
 See Addenda. 
 
 AMUSEMENTS : 
 
 How regulated. 22 
 
 ANIMALS AT LABGE IN HIGHWAYS : 
 
 How restrained 21 
 
 Statute on the Subject of 127 
 
 History of said Act, and adjudication of the Courts thereunder, 136 
 
 ANNUAL FINANCIAL STATEMENT: 
 
 To be made and filed, when 30 
 
 WTien and how pubUshed or posted 58 
 
 Funded debt to be stated 68 
 
 APPEALS: 
 
 From election to incorporate 12 
 
 Kequisites of 12 
 
 From 2d election, not allowed 15 
 
 To StIPEBINTBNDBNT OP POBLIO InSTBUOTION 101 
 
 ■Who may appeal 101 
 
 From what, may be taken 101-2 
 
 Kules of Practice on 103 
 
 Form of entitling — instructions 106 
 
 AEEEST: 
 
 Without process, when 38 
 
 President has power of 86 
 
 Trustees have power of, when 52 
 
 ASSESSMENTS : 
 
 A lien on lands, etc „... 52 
 
 Rouci, when evidence of regularity of 46 
 
 Property liable to 106 
 
 Exemptions from 107 
 
 When and how to be made 107 
 
 ASSESSORS: 
 
 Trustees to act as 30 
 
 Duty of, on completing Roll 40 
 
 Roll, how to be corrected. 40 
 
 " when to be filed 40 
 
 B 
 
 BOARDS OF EDUCATION: 
 
 Created Bodies Corporate 92 
 
 How elected, when District limits correspond with the Cor- 
 
 pc»ate limits of Village or City 92 
 
PAas. 
 
 Clerk of, how appointed, salary, etc 93 
 
 Treasurer and Oollector of, bonds of, &o '. 93 
 
 Budget of, in Village Districts 94 
 
 Proceedings, when Corporate Authorities reject Budget 94 
 
 Genebal Powees of. 95-7 
 
 When may call Special Meetings 97 
 
 Annual estimates of. 97 
 
 When may levy tax without vote 98 
 
 Quarterly meetings of 98 
 
 To appoint viatMng committees, &c 98 
 
 Expenditures of, how governed 99 
 
 Annual reports of, to Commissioner. 101 
 
 Members of, removable by Superintendent 101 
 
 BOABD OP HEALTH : 
 
 How constituted 29 
 
 Powers and duties of 29 
 
 State Board of ; Addenda, p 26 
 
 BOARD OF- TETJSTEES : 
 
 When acts of, evidence, etc 63 
 
 BONDED INDEBTEDNESS: 
 
 Act relative to ; Addenda, p 4 
 
 BONDS OF OFFICBES: 
 
 Conditions of 18 
 
 Who to give bonds 19 
 
 BONDS OP VILLAGE OR TOWN: 
 
 SinMng fund for, how provided 32-3 
 
 BRIDGES: 
 
 In Villages, by whom repaired, expense of, how charged 53 
 
 When chargeable to Village 63-4 
 
 BEIEP ON NEGLIGENCE: 
 
 When Municipal Corporations are liable for Injuries happen- 
 ing on their Streets or Sidewalks 108-14 
 
 BT-EAV^, OR ORDINANCES: 
 
 Who to make '■ 30 
 
 How enforced, penalties, etc 24 
 
 Amount of penalties, $100, &c 25 
 
 How published. 83 
 
 How read in evidence 51 
 
 Sample set of, legal under the General Act 82-8 
 
 c 
 
 CATTLE, DAMAGES FEASANT: 
 
 Statute pertaining to 121-6 
 
 Decisions of the Courts under said Statute 135 
 
Faqe. 
 
 CEMETEfilES : 
 
 Establishment and control of 23 
 
 COLLECTOK : 
 
 Duties of, etc 39 
 
 COMMISSIONEBS OF HIGHWAYS: 
 
 Who are, in Villages 43 
 
 Proceedings, on laying out streets 43 
 
 Jury to be summoned, when 44 
 
 Commissioners to be appointed, when 45 
 
 Proceedings, if infant interested 46 
 
 Award of Commissioners, final 4C-7 
 
 COrrVEYANCES : 
 
 By Village, how executed 48 
 
 CORPORATION: 
 
 Name and powers of 16 
 
 Sue and be sued 15 
 
 Common Seal of 15 
 
 May purchase and convey real estate and personal property... 15 
 
 COUNTY JUDGE: 
 
 Duties of, on appeal from 1st election 12 
 
 Expenses of appeal, allowed how 13 
 
 Decision of, when rendered.., 18 
 
 When to order new election 13 
 
 Appeals to, from award of jury 45 
 
 To appoint Commissioners, when 45 
 
 D 
 
 DEBTS: 
 
 Creation of against Viliage prohibited.... ~ 49 
 
 Temporary loans, when 49 
 
 When officers personally liable 49 
 
 Creation of, a misdemeanor when 60 
 
 DISORDERLY CONDUCT : 
 
 In public conveyances, how repressed and punished 
 
 Addenda, p 14 
 
 DISORDERLY HOUSES : 
 
 How restrained 20 
 
 DISTRAINING CATTLE, ETC. . 
 
 Statute relative to 121-6 
 
 Authorities under said Statute 135 
 
 DIVISION FENCES: 
 
 Statute as to 114-8 
 
 Of the obligation to maintain 133 
 
 Such obligation, how enforced 184 
 
 Of the right to let land lie open 134 
 
. Page 
 
 Of proceedings to remove encroaching fences 134 
 
 Of the effect of a defective line-fence in a suit against the 
 
 owner of trespassing cattle 134 
 
 Adjudications of the Courts 133-4 
 
 DOGS : 
 
 Eunning at large, how prevented 22 
 
 Statute as to Taxes upon I37 
 
 Worrying sheep I37 
 
 When may be killed, etc 137 
 
 Decisions under said Statute 147 
 
 E 
 
 ELECTION— FiEST Election : 
 
 Board of inspectors at , 11 
 
 Form of baUot at 12 
 
 Certificate of, when to be filed 12 
 
 Appeals from, when and by whom taken 12 
 
 Second election, when and how held 13 
 
 Certificate of, to be. filed 14 
 
 Of first Village Officers 15 
 
 , Certifying result of 16 
 
 Proceedings, in case of a tie vote 16 
 
 Of officers, when not invalid 16-7 
 
 ELECTIONS— Anmuai. : 
 
 When and where held 19 
 
 Notice of [ 19 
 
 Inspectors of 19 
 
 Betums of 20 
 
 Not to occur on Town-Meeting Day fiS 
 
 ELECTIONS— Special : 
 
 Trustees may call, when 34 
 
 Form of ballots at 34 
 
 Besolutions, to be numbered, bow 34 
 
 Notice of, etc 35 
 
 Betnms of , to be filed, etc 35 
 
 ELIGIBILITT TO OFFICE: 
 
 Who eligible 18 
 
 ENGINE HOUSES— ENGINES, &o 
 
 How provided 22 
 
 EXEMPTIONS: 
 
 What property exempt fi'om assessment 107 
 
 EXHIBITIONS: 
 
 How regulated in Villages 23 
 
 EXPENDITURES : 
 
 What are the "Ordinary," 34 
 
 What the "Extraordinary," 34 
 
 "Extraordinary," how raised 34 
 
6 
 
 F 
 
 Paoe. 
 FENCES: 
 
 Line, or division fences, Statnte 114 
 
 Adjadications of the Courts 133 
 
 FENCE-VIEWEES: 
 
 Who they are 118 
 
 Jurisdiction and duties of 134 
 
 Court decisions 134-5 
 
 FIEE DEPAKTMENT: 
 
 Chief, Assistants and Wardens, how appointed, etc 18 
 
 Composed of, &c 25 
 
 FIKEMEN: 
 
 Exempt from militia, etc 26 
 
 FIREWOBKS : 
 
 Use of, how prevented 26 
 
 H 
 
 HEATING COMPANIES: 
 
 Hot water, hot air, steam, etc 80-1 
 
 HIGHWAYS AND BRIDGES: • 
 
 Revised Statutes as to, amended; see Addenda, p 18 
 
 HIGHWAYS: 
 
 Tax for, a separate fund 35 
 
 Villages, separate Highways Districts 42 
 
 Trustees are Commissioners of 43 
 
 Proceedings to lay out and open 43 
 
 Damages, how assessed '. 44 
 
 Jury, to be summoned, when 44 
 
 Proceedings before Jury, award 44 
 
 Appeals from Award of Jury, when 44-5 
 
 Appellant to •xecute Bond for costs 45 
 
 Review of award by Commissioners, appointed by County 
 
 Judge 45 
 
 Award of Commissioners, final 46 
 
 Awards, how paid 46-7 
 
 See Addehda, pp 10-18 
 
 I 
 
 INCORPORATION OP VILLAGES : 
 
 Requisite Population for 9 
 
 Survey, map, verbal description, etc 9 
 
 Census to be taken 9 
 
 Survey, &o., kept for examination 10 
 
 Notices of election, how given 10-11 
 
 Takes effect, when 14 
 
7 
 
 Page. 
 
 Certificate of Inspectors, conclusive evidence of 47 
 
 Expensesof, how paid 54 
 
 INSPECTOBS OP ELECTION : 
 
 Who to act as, at first election 11 
 
 IJaws applicable to H 
 
 Notice to, how given 12 
 
 Certificate of, to be filed when 12 
 
 Duties of, as to 2d election, &c 14. 
 
 Powers of , same as Town Boards^ 47 
 
 Certificate of, conclusive evidence of Incorporation 47-8 
 
 Subsequent certificates of, presumptive evidence of facts 
 
 recited 48 
 
 INSURANCE COMPANIES : 
 
 Percentage of premiums received in village, to be paid to 
 
 Fire Department 26-8 
 
 J 
 
 JUBOflS : 
 
 A resident competent in an action by or against a village 49 
 
 JUSTICES : 
 
 Jurisdiction of Town Justices, residing in villages 37 
 
 Pees of 37 
 
 Pines, to whom payable 37 
 
 Competency of a resident as in actions by or against the vil- 
 lage 49 
 
 LegaJizisg-acts of, &o , 62-3 
 
 L 
 
 LAND: 
 
 Of the right-to let-iie open, etc 134 
 
 LIABILITY OF COKPOKATIONS-: 
 
 How determined 109 
 
 LICENCE PEES: 
 
 In certain cases; see ADDEin>A, p 22 
 
 LIGHTS : 
 
 In streets, how provided 22 
 
 Use of kerosene, &c., how regulated.. 23 
 
 LINE FENCES : 
 
 Statute relating to ; see " Division Fences " 114 
 
 LIVEBT STABLB-KEEPEES : 
 
 Act to protect, &o: see Addenda p 12 
 
 LOANS: 
 
 Temporary; when may be made 46 
 
8 
 
 M 
 
 MALICIOUS AMtOYANCE : 
 
 By letter^ etc. ; acttopmiisb; see Acdxiida, p ^ 15 
 
 MAP OF VHiLAGaB: 
 
 By whom mader where kept 30 
 
 MAKBIAGES, BIETHS^ DEATHS: 
 
 Act prOTiding for theKegistryof ; see Abdenba, p „ 31 
 
 MEETINGS 01 TEUSTEES : 
 
 When to meet 20 
 
 Special, howcalled...~ - — 20 
 
 Vote l^ ayes and noes, when 50 
 
 MISDEMEANOBS : 
 
 When crf^ersdeemed guilty oj. „ 50 
 
 MUNICIPALtCOBPOEATIONS : 
 
 Liabilities of, for negligence » 10ft 
 
 Duties of , as to streets, side-walks, &o 100 
 
 . Brief on lia<biUties of. „ ,„„ „„ 108-U 
 
 N 
 
 HEGLIQEWCE:: 
 
 liabiHties of Mimicipal Corporations for. „ „ 109 
 
 NOTICES : 
 
 Rroof of ptiblishing or posting, how made 49i 
 
 Service of, on joint owners, etc ..„ 53 
 
 NUISANCES : 
 
 How abated 23; 
 
 Expense of abating, how collected 23 
 
 o 
 
 OATH Oy OFFICE : 
 
 When to-be filed...™.... ™, _ , 18 
 
 Who toi taie, Ac „. X9' 
 
 OFFICE: 
 
 One, only, to be held at same time by same person 63 
 
 OFFICERS OF TILLAGE r 
 
 Notice of first election of, how pttbKshed „ 15 
 
 Said notice,, what to contain „ ig 
 
 [See "Eleothok."] 
 
 Of whom they consist.. .„„....„ „ 17 
 
 Election of, n€)t invalid when 16-17 
 
 Terms ot office e>f first tmstees, how determined 17 
 
 Annual Section of. „ 17 
 
 KemoTals of , foreanse. 19 
 
 Liability of, for creating debts, <fec 49 
 
 When guilty of a nnsdemeanor „.. 50 
 
9 
 
 OEDINABY EXPENDITURES : ^^°'' 
 
 Limitation of 34 
 
 What they are 34 
 
 P 
 
 PENALTIES: 
 
 Actions for, how brought 48 
 
 Process and complaint for 48-9 
 
 Imprisonment for, when 49 
 
 Officers liable to, when etc 50-1 
 
 POLICE: 
 
 How established and maintained 21 
 
 POLICE CONSTABLES : 
 
 How appointed 18 
 
 No charges by, in criminal proceedings 21 
 
 Powers, duties, compensation of 38 
 
 Duties of, on arresting without process 38-^9 
 
 Duties of , on arresting vagrants 52 
 
 POLICE JUSTICE: 
 
 May be elected, when 31 
 
 Term of office of , Jurisdiction, etc 31 
 
 Vacancy in office of, how filled ' 31 
 
 Town Justice when to act as 31 
 
 Pees of, how audited and allowed 32 
 
 Oath of office of , tobefiled, etc 32 
 
 Duty of, when person is arrested without process 38-9 
 
 Election of, when may be determined by Village Trustees.... 60 
 Powers, jurisdiction, salary, records of 60-2 
 
 PRESIDENT OF VILLAGE : 
 
 Is presiding officer of Board of Trustees 20 
 
 Has a vote, etc 20 
 
 His powers and duties 36 
 
 Beceivesno salary 53 
 
 PUBLIC POUND : 
 
 How established, etc 21 
 
 Q 
 
 QUOEUM: 
 
 Majority of Board constitutes 20 
 
 R 
 
 EECOKDS OF TRUSTEES : 
 
 What to contain 50 
 
 Vote by ayes and noes, when 60 
 
10 
 
 Pase, 
 BEGISTEY OF VOTEES : 
 
 In towns and villages abutting cities of 16,000 inhabitants 
 
 and over; law providing for ; Abdenda, p... 34 
 KEPEAL: 
 
 Exception to the repealing clause of the general act 56 
 
 KEPOBTS: 
 
 Of School Board to Commissioner 101 
 
 Special report, when may be required 101 
 
 EESEBVOmS, CISTEENS, ETC: 
 
 How provided, etc 22 
 
 BESIGNATIONS : 
 
 Of officers, to whom made 63 
 
 BETUBNS : 
 
 Of election, whereto be filed 20 
 
 EULES OF PEAOTICE : 
 
 On appeals to the Superintendent of Public Instruction 103-6 
 
 s • 
 
 SCHOOL COMMITTEES : 
 
 To visit the schools, etc 98-9 
 
 SCHOOL MONEYS: 
 
 To whom paid 99 
 
 How to be drawn 99 
 
 In expenditure of, reference to be had to the appropriation.. 99 
 
 SCHOOL TRUSTEES : 
 
 See "Board of Education." 92 
 
 SEWEBS : 
 
 Written petition for 24 
 
 When only to be built 24 
 
 SIDE-WALKS : 
 
 Not to be incumbered, etc 21 
 
 Encroachments on, how prevented 21 
 
 Eepairs of, how enforced 25 
 
 Snow and ice to be removed from 22 
 
 Are parts of streets, etc 108-14 
 
 Construction of , how enforced, &o 25 
 
 SLAUGHTEB-HOTJSES : 
 
 How regulated 22 
 
 SNOW AND ICE: 
 
 To be removed from side-walks 22 
 
 See Brief on Liability for, &c 108 
 
 SPECIAL MEETINGS : 
 
 Of Board of Trustees, how called 20 
 
 STATUTES : 
 
 Village Act 9-8 
 
 Union Free School Law 89-101 
 
11 
 
 Fence Laws lli-18 
 
 Fence-Viewers "_'"_ jj^g 
 
 Law of Strays 119-21 
 
 Distraining cattle, damages feasant 121-6 
 
 Animals at large in highways 127-32 
 
 Of weeds, etc., in highways; dogs, tax upon; worrying 
 
 sheep, &c 137 
 
 Act concerning Tramps ; Addenda, p 13 
 
 For other statutes ; see "Addenda a" 
 
 STKATS: 
 
 Law pertaining to 119 
 
 STBEETS : 
 
 Powers of Trustees as to 23 
 
 Kepairs of 24 
 
 To be named, etc 30 
 
 Proceeding to lay out and open 42-7 
 
 STREET COMMISSIONEE : 
 
 To be appointed annually 18 
 
 SUITS: 
 
 Actions for penalties, how brought 48 
 
 How to be commenced, process 49 
 
 Debtor imprisoned when 49 
 
 SUMMABY PKOCEEDINGS : 
 
 On trial of vagrants, etc 50 
 
 Hearing; when may be adjourned 50 
 
 SUPEEINTENDENT OF PUBLIC INSTBUCTION : 
 
 When to give notice of school meetings to form U. F. 
 
 District, etc 89 
 
 Copies of proceedings of meeting to be filed with 92 
 
 To decide as to " Contingent Expenses." 98 
 
 May require Special Beport of Board of Education 101 
 
 May remove members of Board ,. 101 
 
 Decision on Appeals, final 102 
 
 Powerl and duties of, on Appeals 102 
 
 Bules of Practice on Appeals to 103-6 
 
 Form of petition, answer, etc 105 
 
 SUBPLUS FUND : 
 
 How applied annually i 53 
 
 SWIMMING: 
 
 In villages, how regulated. 22 
 
 T 
 
 TAXES: 
 
 When to be assessed 39 
 
 Special, when to be assessed 40 
 
 Unpaid, bow to be collected 40 
 
12 
 
 Faqe 
 
 Bate of interest on unpaid taxes 40 
 
 Sales of landfor; redemption of 41 
 
 TAX WAERANTS: 
 
 Betnm of important 108 
 
 Extension of, how long 40 
 
 How executed 40 
 
 TEAMPS: 
 
 Act concerning; Addenda, p 13 
 
 TBEASUEEK OF VILLAGE: 
 
 Duties of. 36 
 
 Moneys how drawn from 37 
 
 Annual report of 37 
 
 Separate accounts of 37 
 
 TREES: 
 
 Shade Trees, how protected, &xs 22 
 
 TRUSTEES OF VILLAGE: 
 
 Terms of office of first, how determined 17 
 
 Additional, up to nine, when 17 
 
 Village property controlled by 20 
 
 Gem£baii Fowbbs of 
 
 To make By-Laws 20 
 
 To define duties of officers 20 
 
 To prevent vice 20 
 
 To establish a police...., 21 
 
 To punish prostitutes 21 
 
 To employ attorneys 21 
 
 To prevent encroachments to streets 21 
 
 To establish a public pound 21 
 
 To restrain cattle, Ac, from streets 21 
 
 To provide streetlights 22 
 
 To maintain engine houses 22 
 
 To construct reservoirs 22 
 
 To regulate amusements 22 
 
 To prevent dogs running at large 22 
 
 To compel cleaning of side-walks 22 
 
 To regulate swimming in village 22 
 
 To prevent immoderate driving 22 
 
 To regulate slaughterhouses 22 
 
 To abate public nuisances, &e 22 
 
 To regulate public exhibitions, peddling, &o 23 
 
 To provide and regulate cemeteries 22 
 
 To lay out new streets, &c., how done 23-4 
 
 To prevent use of fire-arms, &o 24-5 
 
 FUETHEB POWEES OP 
 
 To compel repairs of side-walks 2.5 
 
 To organize fire department 26-6 
 
13 
 
 Page. 
 
 To audit all accounts against Tillage 29 
 
 To make annual financial statement 30 
 
 To name streets '. 30 
 
 To act as Assessors 30 
 
 To raise money, &c §1 
 
 PowEES or ^ 
 
 As to Extraordinary Expenditures, how 34-5 
 
 As to Highway Taxes 35 
 
 As to contracting for water supply 36 
 
 As Commissioners of Highways 43 
 
 Not to be interested in contracts, &o 60 
 
 May arrest without process, when , 52 
 
 To receive no pay...' 53 
 
 u 
 
 UNION FREE SCHOOL DI8TKICTS : 
 
 How formed, etc 89-98 
 
 How dissolved; Addenda, p 15 
 
 UNPAH) TAXES: 
 
 Bate of interest on 40 
 
 Payment of, how enforced 40 
 
 Sale of lands for a term of years 41 
 
 Sale how avoided — ^redemption 41 
 
 Certificate of sale, when delivered 41 
 
 Holders of liens may redeem, when 42 
 
 Bights of purchaser 42 
 
 May be collected by suit, etc 42 
 
 Judgment lien, how enforced 42 
 
 Bedemption from, &e 42 
 
 Collector's return of, how made 48 
 
 When return evidence of contests, &o 48 
 
 V 
 
 VACANCIES IN OFFICE: 
 
 How filled 18 
 
 VAGRANTS : 
 
 Summary proceedings on trial of 50 
 
 Trial of, adjourned when 50 
 
 Imprisoned when 50 
 
 Who are vagrants 51 
 
 Arrest of, without process 62 
 
 ^ How long may be detained 52 
 
14 
 
 PAas. 
 VILLAGES: 
 
 Any village may become incorporated under the General Law, 
 
 how 54-6 
 
 Ketums of election for, how recorded 55 
 
 ■When and how dis-inoorporated 56-7 
 
 * Boimdaries of, how extended, Ac 57-8 
 
 See Addenda, p 2 
 
 VILLAGE OFFICERS: 
 
 Of whom they consist f 17 
 
 Clebe, to be appointed annually, &c 18 
 
 VILLAGE PEOPERTY: 
 
 Controlled by Trustees 20 
 
 VOTERS : 
 
 QnalificationB of, &c 19 
 
 Qualifications of, at Tax Elections 19 
 
 w 
 
 WARRANT : 
 
 For Taxes, how executed 10 
 
 Extension of, 30 days 40 
 
 When to be returned by Collectors 108 
 
 WATER COMMISSIONERS: 
 
 When -village authorities may organize as a Board of 63 
 
 Proceedings in full 63-74 
 
 WATER-WORKS COMPANY: 
 
 How formed 74 
 
 Proceedings in full 74-80 
 
 WEEDS: 
 
 In highways, when to be cut 132 
 
 Whose duty, to cut, &o 132-7 
 
 FINIS.