or running at large in said village, and may put them immediately in the pound, and may then proceed to recover for the damage done by any such animal, or the penalty incurred by their running at large; and it shall be the duty of the poundmaster to receive such animal and detain it in the pound, until the same shall be discharged according to law. expenditures. § 59. The trustees shall make an annual statement of all Statement of moneys received into the treasury, specifying the items and receipts and the manner in which the same has been expended, separating the amount received and expended on account of highways from all other taxes; which statement shall be filed with the clerk of the village previous to each annual election, and publicly read to the inhabitants before opening the polls. They shall further furnish the meeting with an estimate of the amount they may think necessary for the current expenses of the succeeding year, specifying the different objects for which such estimated appropriation will be required; all of which shall be published in one or more newspapers printed in said village, one week previous to such meeting. highway § 60. The trustees of the corporation, while performing Pay of the duty as commissioners of highways, shall be entitled to commissionthe same pay per day as commissioners of highways of the ers, &c. town of Whitehall; but shall not be allowed a compensation for any other services. The street commissioner, as a compensation for his services, shall be allowed the sum of one dollar and twenty-five cents for each day actually and necessarily employed by him in performing the duties of street commissioner; and in addition thereto, he shall receive two per cent upon all sums less than ten dollars of commutation moneys collected by him and paid over to the treasurer. The harbor master shall be entitled to receive, as his compensation, one dollar and twenty-five cents for each day actually and necessarily spent by him in the duties of his office, and such further sum for the pay of assistants and disbursements as the trustees may allow to be paid out of the money received by him in discharging the duties of his office. § 61. The clerk shall receive the same compensation as Town clerk town clerks are entitled to for similar services, and fifty cents for every warrant he shall issue, and to twenty-five cents for every person appointed fireman for every new certificate of membership: such certificate shall be countersigned annually by the clerk without charge. He shall also receive twenty-five cents for every certificate or exemplification of any paper on record, and seven cents a folio for copying the same, to be paid by the person demanding it; and the trustees Fire-war. dens. Treasurer. may give him a reasonable sum in addition to such fees, not exceeding twenty-five dollars, for his compensation. § 62. The fire-wardens shall each be entitled to receive, as a compensation for their services, one dollar a day for such time as they may be actually engaged as such wardens, for a time not exceeding ten days. § 63. The treasurer shall be allowed one half of one per cent on moneys that he shall receive, and the same per cent for that he shall pay out to discharge the debts of the corporation, but nothing on which he may be required to pay over to his successor. Sidewalks. § 64. No person shall erect any sidewalks opposite their premises in said village, higher or lower, or of a different pitch than that designated in or by the grade established by the trustees; and any person so offending, shall forfeit a sum not less than twenty dollars for every such offence. Obstructions. Justice of peace. of witnesses. § 65. No person shall place or deposit on the sidewalks, in the public streets, lanes, alleys, squares or landing places in the village, unless by permission of trustees, any lumber, wood, stone, sand, rubbish, vehicle of any description, or any other article that may encumber the same; and any person refusing or neglecting to remove such article or articles immediately and with all reasonable despatch, upon the written or printed order of the trustees or street commissioners, shall forfeit a sum not less than three dollars. § 66. The justices of the peace of the town of Whitehall, who shall reside within the corporate limits of said village, shall have power and jurisdiction to issue process, try, and render judgment in any action instituted by the trustees of said village, to recover, collect and enforce any fines, forfeitures or penalties incurred by any person for the violation of any of the provisions of this act, or the by-laws and ordinances at any time adopted by the trustees of said village; and all the fines, forfeitures and penalties incurred for a violation of this act, or the by-laws and ordinances aforesaid, shall be paid into the treasury of said village. Competency § 67. No person shall be an incompetent judge, juror, justice, constable or witness, by reason of his being an inhabitant of said village, or freeholder thereof, or tax-payer therein, in any action or proceeding in which said corporation is a party or shall be interested. Fines and imprisonment. $68. Any person who shall be tried and convicted before a justice of the peace, for an offence committed in said village, may, if he shall not be sentenced to pay a fine not exceeding twenty-five dollars, or to be imprisoned in the county jail, be sentenced to pay a fine not to exceed twenty-five dollars; and if such fine be not paid, that such person so fined be confined in said prison, not to exceed thirty days, or until said fine be paid; and all persons confined in said prison may be placed under the charge of such person or persons as the trustees shall appoint, and made to perform such reasonable labor and service as the trustees may prescribe, for the benefit of said village; and for the purpose of performing such labor and service, the persons so imprisoned may be removed from place to place in said village. All fines imposed by a justice of the peace for any offence committed in said village, if the same shall be paid or collected, shall be paid over to the treasurer of said village for the benefit thereof, and to be applied by the trustees towards defraying the expenses of the police establishment of said village. appropriated § 69. All moneys which shall belong to said village, or Moneys how come into the hands of the treasurer thereof (except such as shall be ordered to be assessed and collected for a specific purpose or object), shall be designated the contingent or general fund of said village; and there shall be charged upon that fund, and be made payable therefrom, the expense of maintaining the police, and health and fire departments of said village, and the fees and pay of officers, except where this act directs a different mode; the expenses of keeping the public property insured and in repair, and all other incidental, contingent and ordinary expenses of said village, incurred according to the provisions of this act, and to carry out its several powers and privileges; and the expenses so chargeable upon said fund, may be denominated the contingent or the general expenses of said village. The disbursements and expenses of said corporation for opening and widening, regulating and repairing the streets in said village, and flagging and planking the sidewalks thereof, shall be denominated and considered street expenses. §70. Whenever any notice shall be given, posted or Proof of published, pursuant to the provisions of this act, it shall be notices. the duty of the person giving, publishing, or posting such notice, to furnish proof thereof by affidavit, to be filed with the village clerk; which affidavit, or a copy certified by the clerk, shall be evidence of the facts contained therein. § 71. All warrants issued by the trustees shall bear date, Warrants. and be presumed to be issued upon the day of their date, and shall be under the hand of at least three of the trustees, and under the seal of said village. § 72. The original book of records of said village may Records to be read in evidence in all courts and upon all judicial evidence. proceedings, as evidence of any thing therein contained repealed. to record therein; and an exemplification or certified copy, under the hand of the clerk and seal of said village, of any part of such records, or of any paper, instrument, warrant, roll or other thing required to be filed in the office of said clerk, may be read in evidence, with the same effect as the original, in all courts and judicial proceedings of this state. § 73. All former acts relating to the village of Whitehall Former acts are hereby repealed; but such repeal shall not effect any act done, or right secured or established, or any suit, proceeding, or prosecution had or commenced previous to the time when such repeal shall take effect; but every such act, right or proceeding shall remain as valid and effectual as if said acts had remained in force; and all officers elected or appointed under or by virtue of any act hereby repealed, shall continue in office until their successors are elected or appointed according to this act; and all estates, real and personal, vested in or belonging to the village of Whitehall, when this act shall take effect, shall continue to be vested in and belong to said village. To take effect. Act of 1847 the free school act. §74. This act shall take effect immediately; but the first election thereunder shall be held on the first Monday of May in the year one thousand eight hundred and fifty, and all officers elected thereat shall perform the duties of their respective offices as required by this act until the first Monday of February in the year one thousand eight hundred and fifty-one, and until their successors to be elected on that day are duly qualified to act. Chap. 77. AN ACT to amend the act entitled "An act in relation to common schools in the village of Lockport," passed March 31, 1847. Passed March 18, 1850. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The provisions of the act entitled "An act in relaunaltered by tion to common schools in the village of Lockport," passed March 31, 1847, are not, and shall not be deemed or adjudged to be, or to have been, affected, altered, or impaired by the act entitled "An act establishing free schools throughout the state," passed March 26, 1849. increase § 2. "The board of education for the village of Lock- Board may port" is hereby authorized to increase the rates of tuition tuition fees. fees in the Union School under its charge, and to graduate the same according to the branches of instruction pursued. ent to be § 3. Said board of education is hereby authorized to ap- Superintendpoint a superintendent of the schools under its charge, with appointed. such powers and duties and compensation as said board shall prescribe. schools free. § 4. From and after the first day of April next, so long Secondary as the common schools of this state shall be free, the said board of education shall cause each of the secondary schools under its charge to be taught by a competent male teacher, or a male and female teachers, and the usual common school studies shall be taught therein, and said secondary schools shall be free; but for the time prior to the said first day of Proviso. April next, said board may collect tuition fees for instruction therein, as well as in the Union school, as they have heretofore done; and such studies shall be taught in said Union school as said board may prescribe. be raised for § 5. Said board shall not raise by tax upon the property Tax not to in the Union school district, any money for the salaries of Union school teachers in the Union school, which shall accrue after the first day of April next. confirmed §6. The acts and doings of said board of education, in Acts of board accordance with the provisions of their act of incorporation, since the act entitled "An act establishing free schools throughout the state," passed March 26, 1849, took effect, are hereby ratified and confirmed. of money districts. § 7. The public money which shall be apportioned to the Distribution districts included in the said Union school district, shall be among paid to said board, and be applied by them to teachers', wages in the several schools in their charge in said district, in proportion to the average number of scholars pursuing common school studies in each of said schools. The annual report of receipts and expenditures required to be published by said board, shall specify all sums received, and from whom, and all persons to whom payments were made, and the general character of the demands paid. Annual report. incorporate Upon the application of said board of education to "the Regents may Regents of the University of the State of New York," said Union school regents may acknowledge and declare said Union school to be an academy; and it shall thereafter be an academy, subject to, and to be governed by, the provisions of the act authorizing said Union school, and subject to such rules and regulations as said regents may prescribe. 8. This act shall take effect immediately. |