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Chap. 105.

AN ACT to amend the act entitled "An act to amend the incorporation of the village of Lancaster, 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 hundred and fifty-nine, is hereby amended so that it shall read as follows:

road dis

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.

Crosswalks.

Fire wardens, &c.

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 highway 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 trustées 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,

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 town of Corning, in the county of Steuben, are hereby authorized to cause to be prepared plans and 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.

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for building.

$2. When such plans and estimates shall be Proposals 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

When supervisor of

row money

and issue

bonds.

construction of such bridge, and shall let the contract therefor to the lowest responsible bidder, who shall give adequate security for the full and faithful performance of his contract, in a sum not exceeding twenty thousand dollars as aforesaid.

$ 3. Whenever the said plans and estimates shall town to bor- have been approved, as hereinbefore provided, the supervisor of the town of Corning is authorized to loan, on the credit of said town, a sum sufficient, according to such estimates, to construct said bridge and pay the expense of such plans and estimates, not exceeding twenty thousand dollars, as aforesaid, to be repaid in equal annual installments, of which the last shall not exceed ten years from the making of such loan or the issuing of the securities therefor. The said loan may be made in sums not less than one hundred dollars, and for which the said supervisor shall issue one or more negotiable bonds under his hand as such supervisor, but not to be valid until registered and countersigned by the town clerk of said town, obligating the said town to repay the sum therein mentioned, with interest at seven per cent per annum, payable semi-annually or annually, in equal annual installments. Such bond shall not be issued or disposed of by said supervisor at less than the par value thereof. The said supervisor may from time to time, as the avails of said bonds shall come into his hands, pay over the same to the said commissioners of highways.

Commissioners to

S4. The said commissioners, before the money give security borrowed under this act shall be paid into their hands, shall give adequate security for the faithful application and disbursement of the same.

ment.

Tax for pay- S5. At each annual meeting of the board of supervisors of the county of Steuben, the supervisor of the town of Corning shall report the amount necessary to be raised for the payment of the annual installments and interest on said bonds, and the said board shall levy and assess the same on the said town of Corning in each year, which sum shall be paid by the collector of said town to the supervisor thereof, and shall be by him applied to the payment of said installments and interest.

36. In case any sum shall remain after the payment of the expense of constructing such bridge, the same shall be applied toward the payment of the installments and interest first due and payable on the said bonds, and be deducted from the amount to be raised by tax for the payment of such first installments and interest.

$ 7. The said 'commissioners of highways of the town of Corning are also authorized and required to repair, maintain and keep in repair and keep maintained the said bridge, and to present the vouchers for the expenses of such repairs and maintenance to the board of town auditors, which expenses shall be allowed and collected in the same manner as other town expenses, and when collected, paid over to said commissioners. The said commissioners are authorized and required to cause the said bridge to be insured and kept insured against loss or damage by fire, for such sum as they shall deem proper, and to pay the premiums therefor out of any money which may come into their hands for highway purposes.

Repair and

mainte

ance of

bridge.

$8. Until said bridge is completed and in order Free ferry. for use, the said commissioners shall establish and maintain a free ferry across said river, from Corning to Knoxville, and present the vouchers for the expense for the same to the board of town auditors; which expenses shall be allowed and collected in the same manner as other town expenses, and when collected paid over to said commissioners.

59. This act shall take effect immediately.

Chap. 107.

AN ACT to incorporate the village of Palatine
Bridge.

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. All that certain tract of land in the Boundaries town of Palatine, county of Montgomery, and State of village.

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