Bridge to be under commis § 5. From and after the purchase of said bridge, as herein before charge of provided, the same shall be under the charge and supervision of the commissioners of highways of said town of Owego, and it shall be highways. their duty to maintain and continue said bridge, to keep it in good repair and open and free for public use, and to pay the expense thereof out of the funds of said town to be provided for that purpose by the proper town authorities. sioners of To hear claim of John H. Kimlin. Corporate acts legalized. May bor row money. § 6. All acts and parts of acts heretofore passed, inconsistent with this act, are hereby repealed. § 7. This act shall take effect immediately. CHAP. 381 AN ACT to authorize the board of audit to hear and determine certain claims arising out of the construction of the Hudson River State Hospital for the Insane. PASSED May 26, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The board of audit are hereby authorized and directed to hear and determine the claim of John H. Kimlin, and others, for work done and materials furnished during the years eighteen hundred and seventy-nine and eighteen hundred and eighty to the state for the construction of the Hudson River State Hospital for the Insane, and all claims for work, services and materials furnished and deficiencies arising out of the contract of said Kimlin, or his assignees, with the state. § 2. This act shall take effect immediately. CHAP. 382. AN ACT to legalize the corporate acts of the Kingston Building Company. PASSED May 27, 1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The corporate acts of the Kingston Building Company, a corporation duly organized under and in pursuance of chapter one hundred and seventeen of the laws of eighteen hundred and fifty-three, entitled "An act to authorize the formation of corporations for the erection of buildings," shall not be impaired or affected by the omission of the said corporation, or its officers, to file the certificates of the increase of the capital stock to forty thousand dollars, or of the payment of the capital stock, required by the aforesaid act, and the corporate acts of the said corporation, including its contracts and loans, and liens upon its property, shall be as legal and valid in all respects as if the certificates aforesaid had been duly filed. And it shall be lawful for said corporation to borrow and secure by mortgage on its real estate such sums as may be necessary, not exceeding two thousand dollars, to pay its present indebtedness, which is not secured by mortgage. §2. This act shall take effect immediately. CHAP. 383. AN ACT to amend chapter one hundred and forty-one of the laws of eighteen hundred and sixty-six, entitled "An act to amend chapter three hundred and fifty-one of the laws of eighteen hundred and twenty-nine, entitled An act to incorporate the village of Fredonia." " PASSED May 27, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter one hundred and forty-one of the laws of eighteen hundred and sixty-six, entitled "An act to amend chapter three hundred and fifty-one of the laws of eighteen hundred and twentynine, entitled An act to incorporate the village of Fredonia,'" is hereby amended so as to read as follows: BOUNDARIES. village. § 2. All that part of the town of Pomfret, in the county of Chau- Boundatauqua, including lots number sixteen, twenty-four, thirty-three, and vige. so much of the north part of lot number thirty-two as lies north of the south line of number twenty-four, when extended to the west line of lot number thirty-two, in the fifth township and twelfth range, and lots number eight, nine, fourteen, fifteen, twenty and twenty-one, in the sixth township and twelfth range, according to the Holland Land Company's survey, and the inhabitants residing therein are hereby constituted and declared a body politic and corporate, by the name of "The Village of Fredonia," and by that name they and their successors shall have perpetual succession; and said corporation is hereby declared to be invested with and in possession of all the estate, real and personal, rights, privileges and immunities which (at the time of passing this act) appertain and belong to the said village of Fredonia. Said corporation shall be capable of suing and being sued, complaining and defending in any court, make and use a common seal and alter the same at pleasure, and to purchase, rent, take, hold, lease and convey such real and personal estate as the purposes of said corporation may require. OFFICERS: THEIR QUALIFICATIONS, ELECTION, ETC. §3. The officers of said village shall be a president, five trustees, a officers. clerk, three assessors, a street commissioner, a collector, a treasurer, a village constable and as many fire wardens as the trustees shall think proper to appoint, a pound-master, all of whom shall be electors of said village, duly qualified to vote for members of assembly therein; and said president, trustees and assessors shall be freeholders of said village, and their respective offices shall be vacated by their ceasing to be residents of said village. To be § 4. The said president, trustees, clerk, collector and assessors shall elected by be elected by ballot at the annual meeting of the electors for the choice of officers of said village. ballot. To be appointed. Annual election. Polls. Trustees, election of. Of assessors. ney. § 5. The street commissioner, treasurer, village constable, poundmaster and fire wardens of said village shall be appointed by the trustees thereof by ballot, and shall hold their respective offices until the annual election of trustees next after their appointment, and until their successors are appointed and qualified, unless sooner removed from office by the trustees as hereinafter provided. The constable shall have the same powers in the execution of process as a peace officer or constables elected in towns in said county. § 6. The annual election for the choice of officers in said village shall be held on the second Monday of April, in the year eighteen hundred and sixty-six, and on the second Monday of March, in each and every year thereafter, at such convenient place in said village as shall be designated by the trustees, and of which they shall cause ten days' previous notice to be given through the clerk by posting either written or printed notices in at least five public places in said village, or by inserting the same in one or more newspapers published in said village, or by both such posting and publication as the trustees shall direct. The president and any two trustees of said village shall be inspectors of election. The president shall preside, and the clerk of said village shall keep a poll-list of the votes given at every election; they shall provide one ballot-box, and each ballot shall contain the names of all the persons voted for by any elector, on one piece of paper. 7. The polls of each election shall be opened at ten o'clock in the forenoon of the day for which it is appointed to be held, and be kept open without intermission or adjournment until four o'clock in the afternoon of the same day, when they shall be finally closed; and the said board shall forthwith, without adjourning, canvass the votes given thereat, shall openly declare the result, and shall make and subscribe a certificate of such canvass, which shall show the whole number of votes given, the number given for each person voted for, and the office which he shall have been voted for; which certificate shall be recorded in the records of said village and filed in the office of the clerk thereof. § 8. At the annual election for the choice of officers in said village, on the second Monday of March, eighteen hundred and eighty-two, three trustees shall be elected whose term of office shall expire on the second Monday of March, eighteen hundred and eighty-three, and two trustees shall be elected whose term of office shall expire on the second Monday of March, eighteen hundred and eighty-four. At the amual election in eighteen hundred and eighty-three, and at every annual election thereafter, any vacancy caused by the expiration of the term of any trustee shall be filled by election for the term of two years, and any vacancy in the office of trustee caused other than by the expiration of a term shall be filled by election for the unexpired portion of such term. At the annual election for the choice of officers in said village, on the second Monday of March, eighteen hundred and eighty-two, one assessor shall be elected, whose term of office shall expire on the second Monday of March, eighteen hundred and eightythree, and one assessor shall be elected, whose term of office shall expire on the second Monday of March, eighteen hundred and eightyfour, and one assessor shall be elected, whose term of office shall expire on the second Monday of March, eighteen hundred and eightyfive. At the annual election in eighteen hundred and eighty-three, and at every annual election thereafter, any vacancy caused by the expiration of the term of any assessor shall be filled by election for the term of three years, and any vacancy in the office of assessor caused other than by the expiration of a term shall be filled by the trustees in the manner provided in subdivision two of section seventeen of this act. Such appointment to be made to fill such vacancy until the next annual election, at which time the vacancy shall be filled by election for the unexpired portion of such term. Every elector Electors. qualified to vote for town officers in the town of Pomfret, and residing in said village, may vote for all the officers to be chosen at each village election; the persons eligible, and having the greatest number of votes, shall be declared elected; and if two or more shall have the greatest and an equal number of votes, the officers presiding at the election shall forthwith determine by lot which shall be deemed elected; and in such case the facts shall be stated in the certificate of the result made by said officers. notice to. § 9. Every person elected at any such election, whose name shall be Persons entered as a voter on the poll-list kept thereat, shall be deemed to be elected, notified of his election by the declaration of the result by the presiding officers; and every person so elected, whose name shall not be so entered, shall be notified of his election by the clerk of said village within three days thereafter. OATH OF OFFICE, VACANCIES AND HOW FILLED. § 10. Every officer elected in said village, or who shall be appointed Official to any office therein under this act, shall, within five days after he oaths. shall be notified of his election or appointment, take and subscribe the oath of office prescribed by the constitution of this state and file the same with the clerk of said village; and in case of his omission to do so, he shall be deemed to have refused to serve, and his place shall be deemed vacant, and filled in the manner prescribed by this act. trustees. § 11. Whenever the office of more than two of the trustees shall be vacancies vacant, the clerk shall give notice of a meeting of the electors of such in office of village to fill the vacancies, and any other that may then exist, in any of the elective offices of said village, which shall be specified in said notice such notice shall be given in the same manner, and for the same length of time previous to such election, as is herein provided respecting the annual election. The same officers shall act as inspectors of such election, and the same shall be conducted and the result ascertained and declared in the same manuer as the annual election. how to be § 12. All appointments to office by the trustees, to fill vacancies or Appointotherwise under this act, shall be by warrant under the corporate seal, ments, and signed by the president or presiding officer and clerk; and all made. officers whose appointment is given to the trustees by this act may be removed from office by them at their pleasure. pro tem § 13. In case of the absence of the president and clerk, or of either President of them, from any meeting of the electors of said village, called in and clerk pursuance of the provisions of this act, or from any meeting of the pore. trustees where their services are required, the trustees may by resolution, to be entered in the minutes of their proceedings, designate some proper person to perform the duties of these officers, or of either of them, for the time being. Official bonds. Constable's bonds Duties of CERTAIN OFFICERS TO GIVE BONDS. § 14. The treasurer, street commissioner and collector of taxes shall severally, before they enter upon the duties of their respective offices, execute and file with the clerk of said village a bond to the said village, in its corporate name, in such sum and with such sureties, not less than two, as the board of trustees by resolution shall approve, conditioned that they shall faithfully execute the duties of their respective offices, and account for and pay over all the moneys received by them respectively. § 15. Every person appointed to the office of constable of said village shall, before he enters upon the duties of his office, with two or more sureties, execute and acknowledge an instrument in writing to be approved by resolution of the board of trustees and filed with the clerk, by which such constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as the said constable may be liable to pay by reason of or on account of any execution which shall be delivered to him for collection. An action thereon may be brought and maintained, in the name of the person or persons entitled to the money to be collected, by virtue of such instrument in case of any breach thereof. DUTIES OF officers. § 16. The president shall preside at all meetings of the electors of president. said village, when assembled pursuant to any of the provisions of this act, and at all meetings of the trustees thereof when present; he shall call special meetings of the trustees when, in his opinion, the interests of the village shall require, or whenever he shall be requested to do so by two or more of the trustees; he shall take care that all the laws relating to said village, and the by-laws, ordinances, rules and regulations which shall from time to time be enacted, shall be faithfully executed; he shall prosecute in the corporate name, and for the use of said village, for all penalties and forfeitures incurred by any violation of such laws, by-laws, ordinances, rules or regulations; and he shall perform such other duties as shall from time to time be imposed upon him by law or by the by-laws, ordinances, rules and regulations of said village. And he shall have a casting vote on any question pending before the trustees, whenever there shall be a tie vote of the trustees voting. Duties of trustees. DUTIES OF TRUSTEES. § 17. All meetings of the trustees of said village shall be public, and all persons may attend the same; and it shall be the duty of said trustees: 1. To appoint, from time to time, one of their number to preside at any meeting of the electors of said village, or of the trustees thereof, when the president shall be absent. 2. To fill any vacancy in any office of said village, except that of trustee, by appointing a suitable person thereto, who shall hold the office for the residue of the term, unless sooner removed. 3. To provide for the care, custody and preservation of the property, records and papers of said village. 4. To see that the officers of the said village perform their duties faith fully and correctly; to enact penalties for any neglect of duty by any of them. |