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Highway as. ses siueats.

Assess ments to be made in April

§ 19. The highway work to be assessed on the inhabitanis of said village sh:ll be laid out and expended within the limits thereof, under the direction of the officers of the said corporation hereinafter mentioned, to the exclusion of the commissioners of highways of said town of Pomfret. The said trusices shall from time to time, and as often as may be necessary, divide he said village into a convenient number of road or street districts, and may alter them as often as they njay see fit and proper, and appoint to each district an overseer, who shall have the same power, be subject to the same restrictions and liabilities, as overseers of highways of towns; shall return the names of all persons liable to work in his district to the assessors, who shall proceed with the same, as the commissioners of highways of towns.

§ 20. In the month of April, in each year, the trustees shall order an assessment to be taken and completed, of all the real and personal property of suid village. The assessors shall thereupon proceed to take such assessment, according to the actual value, and shall complete the same within the time limited by the by-law's, and expressed in the order. Like notices shall be posted up, and the like right of appeal had from such assessment and the same proceedings had thereon, as in the twelfth section mentioned. And the said assessnient roll shall be delivered to the trustees to be filed

with the clerk. Highway la. § 21. The trustees, on or before the first Monday of May,

in each year, shall fix the aggregate amount of highway labor to be laid out on the roads, streets, alleys, lanes and walks, in said village, during the succeeding year, and order the same to be apportioned among the inhabitants of said village. The assessors, within the time required by the order, shall apportion the said labor on the said inhabitants, having reference to the last assessment; shall issue their warrants to the respective overseers, and proceed in the same manner as commissioners of highways of towns; and shall further have power to direct the said overseers, respectively, the manner of expending said labor. The inhabitants, respectively, shall be liable to appear and work, in the same manner, and be subject to the same penalties, rights and liabilities as the inhabitants of towns, under the overseer of highways.

$22. The trustees shall also have power to license shows and exhibitions, the saine as any two justices of towns now have, and the right to fix the amount to be paid by such applicants, respectively, which shall in no case be less than five, nor more than twenty-five dollars. The money raised therefrom to be paid to the treasurer, for the use of the corporation.

$ 23. Constables to be clected pursuant to this act shall

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hare the same power, within the limits of said village, and not elsewhere; be entitled to the same fees; be subject to the same restrictions and regulations as constables elected or chosen for towns. His instrument of surety shall be approved by the trustees, and his oath of office shall be filed with the clerk.

$ 24. Every person elected or appointed to any office, by Penalty. virtue of this act, who shall neglect or refuse to accept the same, within the times limited by this act, shall forfeit and pay the sum of ten dollars, to be recovered and applied as other fines are by this act to be recovered and applied.

8 25. It shall be lawful for the trustees to appoint by war- Firemen. rant, as other appointments are made, not exceeding fifteen firemen to each fire engine, owned and kept in repair in said village, and a hook and ladder company not exceeding ten in number for each company, and to appoint a captain of each company, and remove the sa.ne at pleasure; which captains, respectively, shall be responsible to the trustees for the safe kceping and proper using of the engine and implements belonging to his company, and entrusted to his care. It shall be the duty of the said firemen, under the orders of the trustees, acting as fire wardens, to have the management, working and using of the engines and other implements for extinguishing fires belonging to said village. And the members of such companies shall be exempt from the performance of military duty, except in cases of war, insurrection or invasion, and from serving on juries, except in justices' courts, while they respectively belong to such companics.

0 26. All fines, forfeitures and penalties imposed by this Suits. act, and such as may be lawfully imposed by the by-laws, may be sued for and recovered, in the name of the

corporation, in an action of debt, before any court having cognizance of the same, for the use of the said corporation; and it shall not be a good objection to any justice, juror or witness, that he or she is a resident of said village, or member of said corporation. It shall be the duty of the president to see to the prosecution and collection of all such fines, penalties and forfeitures. In any such suit, it shall be sufficient to declare generally, that the defendant is indebted to the trustees of the village of Dunkirk, in the amount of the fine, penalty or forfeiture, whereby an action hath accrued to them for such amount. The special matter may then be given in eviuence.

$ 27. In case the office of president be vacant, or he be Power of not in a situation to act, from absence or otherwise, any order, deed or other writing, may be signed, and every act done, by the clerk and a majority of the trustees.

$ 28. The trustees of said village shall have power, from Ry-laws. time to time, to make, ordain and publish, such rules, regu

clerk in cer tain cases.

Highway as. sessments.

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April

§ 19. The highway work to be assessed on the inhabitants of said village shall be laid out and expended within the limits thereof, under the direction of the officers of the said corporation hereinafter mentioned, to the exclusion of the commissioners of highways of said town of Pomfret. The said trustees shall from time to time, and as often as may be necessary, divide :he said village into a convenient number of road or street districts, and may alter them as often as they njay see fit and proper, and appoint to each district an overseer, who shall have the same power, be subject to the same restrictions and liabilities, as overseers of highways of towns; shall return the names of all persons liable to work in his district to the assessors, who shall proçeed with the same, as the commissioners of highways of towns.

$ 20. In the month of April, in each year, the trustees ments to be shall order an assessment to be taken and completed, of all

the real and personal property of said village. The assessors shall thereupon proceed to take such assessment, according to the actual value, and shall complete the same within the time limited by the by-law's, and expressed in the order. Like notices shall be posted up, and the like right of appeal had from such assessment and the same proceedings had thereon, as in the twelfth section mentioned. And the said assessnient roll shall be delivered to the trustees to be filed

with the clcrk. Highway la. $ 21. The trustees, on or before the first Monday of May,

in each year, shall fix the aggregate amount of highway labor to be laid out on the roads, streets, alleys, lanes and walks, in said village, during the succeeding year, and order the same to be apportioned among the inhabitants of said village. The assessors, within the time required by the order, shall apportion the said labor on the said inhabitants, having reference to the last assessment; shall issue their warrants to the respective overseers, and proceed in the same manner as commissioners of highways of towns; and shall further have power to direct the said overseers, respectively, the manner of expending said labor. The inhabitants, respectively, shall be liable to appear and work, in the same manner, and be subject to the same penalties, rights and liabilities as the inhabitants of towns, under the overseer of highways.

§ 22. The trustees shall also have power to license shows and exhibitions, the saine as any two justices of towns now have, and the right to fix the amount to be paid by such applicants, respectively, which shall in no case be less than five, nor more than twenty-five dollars. The money raised therefrom to be paid to the treasurer, for the use of the cor

poration. Constables $ 23. Constables to be elected pursuant to this act shall

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hare the same power, within the limits of snid village, and not elsewhere; be entitled to the same fees; be subject to the same restrictions and regulations as constables elected or chosen for towns. His instrument of surety shall be approved by the trustees, and his oath of office shall be filed with the clerk.

$24. Every person elected or appointed to any office, by Penalty virtue of this act, who shall neglect or refuse to accept the same, within the times limited by this act, shall forfeit and pay the sum of ten dollars, to be recovered and applied as other fines are by this act to be recovered and applied.

§ 25. It shall be lawful for the trustees to appoint by war- Firemen. rant, as other appointments are made, not exceeding fifteen firemen to each fire engine, owned and kept in repair in said village, and a hook and ladder company not exceeding ten in number for each company, and to appoint a captain of each company, and remove the sa.ne at pleasure; which captains, respectively, shall be responsible to the trustees for the safe keeping and proper using of the engine and implements belonging to his company, and entrusted to his

It shall be the duty of thiz said firemen, under the orders of the trustees, acting as fire wardens, to have the management, working and using of the engines and other implements for extinguishing fires belonging to said village. And the members of such companies shall be exempt from the performance of military duty, except in cases of war, insurrection or invasion, and from serving on juries, except in justices' courus, while they respectively belong to such companics.

0 26. All fines, forfeitures and penalties imposed by this Suits. act, and such as may be lawfully imposed by the by-laws, may be sued for and recovered, in the name of the corpo. ration, in an action of debt, before any court having cog. nizance of the same, for the use of the said corporation; and it shall not be a good objection to any justice, juror or witness, that he or she is a resident of said village, or member of said corporation. It shall be the duty of the president to see to the prosecution and collection of all such fines, penalties and forfeitures. In any such suit, it shall be suffi. cient to declare generally, that the defendant is indebted to the trustees of the village of Dunkirk, in the amount of the fine, penalty or forfeiture, whereby an action liath accrued to them for such amount. The special matter may then be given in evidence.

$ 27. In case the office of president be vacant, or he be Power of not in a situation to act, from absence or otherwise, any order, deed or other writing, may be signed, and every act done, by the clerk and a majority of the trustees.

$28. The trustees of said village shall have power, from By-laws. time to time, to makc, ordain and publish, such rules, regu

clerk in cer tain cases.

lations and by-laws, as may be thought proper, not inconsistent with any laws of this state, or the United States, and may fix any penalties, not exceeding ten dollars for any one oflence, for the violation of any such rule, regulation or by-law; to regulate public markets, streets, alleys, highways, footwalks and sideways in said village; and to the draining, filling up, levelling, paving, gravelling, or otherwise improving and keeping the same in order; to regulate slaughter-houses, suppress gambling houses, houses of i!l fame, and nuisances generally, to provide for a village watch and lighting the streets of said village; to restrain dogs, swine, geese, goats, sheep, horses and cattle from running at large in said village, or any part thereof; relative to the improvement of their common lands and real estate; relative to the inspection of weights and measures, and the assize of bread; relative to erecting and regulating hay-scales; relative to the public wells, pumps, reservoirs or cisterns of water for extinguishing fires, and other purposes; relative to purchasing, regulating and using fire engines and implements; and relative to fire buckets and ladders to be kept by the inhabitants of said village, and for guarding against fire generally; relative to keeping chimneys, fire-places and stoves clear and in good order; relative to the cleanliness. of cellars, cisterns, drains, and every other thing relating to the health and good improvement of said village.

§ 29. The suid corporation shall enjoy the privileges and be subject to the restrictions contained in the third title of chapter eighteen of the first part of the Revised Statutes, so far as the same are applicable.

83! This act shall take effect on the passage thereof; and the legislature may at any time alter, or repeal the

General powera.

Act to take effect

same.

CHAP. 430.
AN ACT to prevent usury.

Passed May 15, 1837.
The People of the State of New-York, represented in
Senate and Assembly, do enact as follows :

$1. The fifth section of title three of chapter four, part two of the Revised Statntes, is hereby amended so as to read as follows:

85. All bonds, bills, notes, assurances, conveyances, all other contracts or securities whatsoever, (except bottomry and respondentia bonds and contracts,) a:d all deposites of goods or other things whatsoever, whereupon or whereby there shall be reserved or taken, or secured or agreed to be

Amendment to 5th sec. tien.

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