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the lowest bidder under such rules and regulations as said commissioners shall have inserted in said advertisement, upon the execution of security for the performance of the contract by the party or parties to whom the same may be awarded, to be approved by said commissioners. And in their discretion the Action on said commissioners may, as aforesaid, advertise and contract. contract for doing different parts of said work with different persons, and any contract made by said commissioners may be forfeited by them for the failure of the party making the same to perform the same or any part thereof, and then the security given by the contractor shall be collected by action in the name of said commissioners for the benefit of the city of Syracuse; and whenever any contract shall have been forfeited as hereinbefore provided, the subject matter thereof shall again be contracted in manner as hereinbefore provided.

S 7. The commissioners appointed by the first sec- Security for tion of this act may in their discretion reject all ance or conproposals made and handed in as provided by section six, and again advertise for the furnishing of materials and performance of work as provided by said section, and they shall not receive or entertain any proposal for furnishing materials or the performance of work, unless the same be accompanied by an andertaking on the part of the party making the proposal with two sureties, to be approved of in writing by one of said commissioners, and in the penal sum of two thousand five hundred dollars, conditioned that the principal will go into contract with said commissioners within forty-eight hours after the acceptance of said party's proposal, and on default in the condition of said undertaking, the full penalty therein shall be collected by action in the name of said commissioners for the benefit of the city of Syracuse.

$ 8. The commissioners under this act shall each Pay of receive two dollars each day while actually employed in discharging their duties thereunder, and shall incur no personal liability for any act or thing done in good faith under this act.

$ 9. The said commissioners shall have power to


damages to be debt of Syracuse;

employ such civil engineers as they may deem neces

sary, at a price to be fixed by them. Awards of S 10. All awards of damages (except so far as they

are extinguished by benefit) and the expenses of ta entot pay doing the work and making the improvements pro

vided for by this act not herein otherwise provided for, shall be debts and liabilities of the city of Syracuse, and the common council of the city of Syracuse is hereby authorized to borrow the amount of the money necessary to pay all such debts and liabilities as the same may be needed, and to that end they are directed to issue the bonds of said city for amounts respectively, and payable at periods respectively within five years from their dates respectively, within the discretion of said common council; said bonds to bear interest at a rate not exceeding seven per cent per annum, payable semi-annually, and under a resolution of said common council to be executed on the part of said city of Syracuse by the mayor and city clerk of said city. And as the principal and interest of said bonds respectively grows due, the common council of the city of Syracuse shall cause the amount thereof to be assessed and levied and collected at the same time and in the same manner as the taxes for city expenses under and by virtue of the acts of incorporation of said city of Syracuse, and in time to meet the payment of said bonds respectively.

S 11. No money shall be paid to contractors except upon the presentation of an order or warrant therefor from the commissioners named in the first section of this act.

$ 12. The said commissioners named in the first of commis- section of this act shall act as a board; but the acts

of a majority of them shall be valid provided the others bad personal notice of the meeting at which said acts were decided upon. And in the event of the death, declination or refusal to serve of any of said commissioners, then all the powers given said commissioners as a board by this act shall survive to the remaining commissioners.

$ 13. This act shall take effect immediately.

When acts of majority

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Chap. 105.
AN ACT to amend the act entitled " An act to

amend the incorporation of the village of Lan-
caster, in the county of Erie,” passed April
fourteenth, eighteen hundred and fifty-nine.

Passed March 21, 1867; three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The tenth section of the act entitled "An act to amend the incorporation of the village of Lancaster, in the county of Erie,” passed April fourteenth, eighteen himdred and fifty-nine, is hereby amended so that it shall read as follows:

$ 10. 1. The said village of Lancaster (except as Village a to the bridges therein and the Cayuga Creek road) trict. shall be and is hereby constituted a separate road district, exempt from the superintendence of the commissioners of highways of the town of Lancaster, and the trustees of the village shall perform all the duties of commissioners of highways within said village, with the exception aforesaid, and shall have the same powers, and be subject to the same duties, over the roads, streets and alleys of said village as commissioners of highways of towns (consistent with this act), with power to lay out streets and alleys of less than three rods in width, if they shall deem proper, and the street commissioner shall have the same power within the bounds of said village, and be subject to the same duties and liable to the same penalties as overseers of highways in towns, subject, nevertheless, to the provisions of this act, and shall also, under the direction of the trustees, superintend the making and repairing of side and crosswalks, sewers, ditches, drains, and the removal of incumbrances from roads, streets, alleys and sidewalks within said village, and perform such other duties as the trustees (consistent with the provisions of this act) shall direct. Nothing in this act shall affect the powers or duties of the commissioner or superin

Lamp district.


tendent of the western section of the Cayuga Creek road, in repairing, improving and controlling said last mentioned road; but the trustees of said village shall have power, and are hereby authorized, to direct any and every portion of the highway labor of persons in said village, including those persons residing on said Cayuga Creek road, to be performed anywhere within the bounds of said village as they may deem proper. And the trustees, in making the assessment for highway labor, may take the last assessment roll of the village as a basis, including therein all such bighway labor as heretofore properly belonged to said Cayuga Creek road.

2. The said village of Lancaster is also hereby constituted a lamp district, under the superintendence and control of the trustees of said village.

$ 2. The eleventh section of said act is hereby amended so that article seven of said section shall read as follows:

7. For constructing and repairing crosswalks, and also for the erection and repairing of lamp posts and lamps, and for lighting the same, and the necessary help therefor.

$ 3. The forty-eighth section of said act is hereby amended so that article sixth of said section shall read as follows:

6. To appoint fire wardens in said village, not exceeding five, and, by by-laws, to fix their compensation and prescribe their powers and duties, as well as the powers and duties of the chief engineer and assistant engineer of the fire department of said viliage, in addition to those already prescribed by law or by this act; and to appoint a police constable, who shall have the powers in all criminal cases of a constable of the town, and be subject to the same duties and liabilities. It shall be his special duty to see that the police regulations of the village are observed, and to discover and report to the president and trustees all violations thereof. He shall have the power, without process, to arrest and bring before a magistrate, persons guilty in his presence of violating the public peace or any village ordinance for the preservation of public order and decorum,

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and he shall likewise take into custody any person intoxicated so as to be unable to take care of himself, and to keep him in a proper place provided by the trustees, until provided for by his friends, or he be able to go about his business, and every such arrest shall be immediately reported in writing, stating the cause of arrest, by him, to the president of the village and to a magistrate therein. The police constable shall be entitled to the same fee as other constables for similar services. Deputy police constables may be appointed by the trustees for any special service or occasion, to receive no fees, but who shall be paid a stated sum for each day's service as such, but with no power to serve civil process.

Chap 106.
AN ACT to authorize the supervisor of the town

of Corning to loan money for the purpose of
building a bridge over the Chemung river and
to provide for the payment thereof, and to
authorize the commissioners of highways of said
town to build said bridge, and in the mean time
to operate a free ferry on said river.

Passed March 21, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The commissioners of highways of the Highway town of Corning, in the county of Steuben, are here- sioners to by authorized to cause to be prepared plans and over Chee specifications for the construction of a bridge across the Chemung river in said town, at such point in the village of Corning as they shall fix and designate, together with estimates of the expense of the construction of such bridge. $2. When such plans and estimates shall be Proposal.

for bullding. prepared and shall have been approved by said commissioners, and also by the supervisor of said town, if the estimates of the expense shall not exceed the sum of twenty thousand dollars, the said commissioners shall advertise and receive proposals for the

mung river.

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