To establish and organize one or more fire and hook and ladder companies, the members of which shall be exempt from military duty, except in cases of insurrection or invasion, and from jury duty, and to remove such firemen and hook and ladder men, and appoint others in their stead; to prescribe the powers and duties of fire companies in preventing and extinguishing fires; and to pass such ordinances for the government of such companies as they shall deem proper, not inconsistent with the laws of this state or of the United States.

To erect or provide one or more public pounds, and appoint a keeper or keepers, and remove him or them at pleasure; prescribe the fees and duties of such keeper or keepers, and their charges for feeding and watering beasts impounded and under his or their charge.

To make and enforce all necessary regulations to prevent the spread of any contagious or epidemic disease; to establish and maintain pest houses or hospitals, whenever necessary, and to appoint persons to superintend and take charge of them.

To make, ordain, amend, alter and repeal all such bylaws, rules, regulations and ordinances as may be necessary to carry into effect the intent and provisions of this act.

To prescribe any penalty, not exceeding twenty-five dollars, for the violation of any by-law, rule, regulation, or ordinance which they are authorised to make, and sue for such penalty before any justice of the peace, and to remit the same wholly or in part; and no inhabitant of said village shall for that cause be disqualified as justice, juror or witness on the trial of any suit brought by virtue of this act.

To require the overseer of highways to make his report to them in writing, under oath; and they may allow him such compensation, not exceeding one dollar and fifty cents per day for his services, as they may deem reasonable, to be retained out of the commutation money or money collected for highway purposes, and may require from him a bond to such trustee, with a sufficient surety in the penalty of two hundred and fifty dollars, conditioned for the faithful performance of his duties as such overseer, and to account to said trustees for all moneys re

ceived by him as such overseer. The trustees may remove such overseer at pleasure, and appoint another in his place.

To restrain cattle, horses, sheep, swine, beasts and geese from running at large in said village, under a penalty not exceeding five dollars for every such animal found so going at large, which animal so going at large shall be liable to be distrained and impounded and sold for the fees and charges of the pound keeper, in the manner provided by this act; and the owner of any such animal shall be liable to such penalty, and the same may be sued for and recovered with costs in the corporate name and for the use of said village.

tax.

§ 2. The trustees may require of any person who shall Highway be assessed for highway work to pay his assessment in money, at the rate of fifty cents per day, and to collect the same in like manner as other taxes of said village are collected, in which case they shall make out a list of the persons so assessed for highway labor and liable to pay the same, and of the lots and tracts of lands belonging to non-resident owners of lands assessed; also the number of days work apportioned to each, with the amount of such days work, estimated at fifty cents for each day, and shall annex thereunto a warrant directed to the collector of the corporation, commanding him to collect the amount of such assessment in money, in the same manner as other taxes of the village are collected, and pay the same to the treasurer of the village, retaining not less than two, nor more than four per cent for collecting, as the trustees may by resolution direct; and in case any sum so assessed upon any real estate in said village, *wether owned by a person resident or non-resident, cannot be collected in the manner aforesaid, the warrant may be renewed, and the tax shall remain a debt of record against the owner or occupant, and may be sued for and recovered with costs, by the trustees, as provided in other cases of taxes mentioned in section nine of the act hereby amended. The money so raised shall be expended by the trustees in improving the streets and sidewalks of the village, and they may, in their discretion, expend a portion of such money in improving the highways leading to said village, to the distance of not more than two miles.

• So in the original.

Tax for repairs of public

§ 3. In addition to the several objects and purposes for which the taxable inhabitants of the village aforesaid buildings. shall, at an annual or special meeting, vote and determine a sum that shall be raised as mentioned in section nine of the act hereby amended, they shall also vote and determine what sum shall be raised, levied and collected for the purpose of repairing any building, or property owned, or to pay the rent of any real estate or building which may have been rented or occupied for the benefit of the village; and the trustees shall cause the same to be assessed, collected and raised in the same manner, and from the same persons and property that they are directed to collect the moneys voted to be raised for the several purposes mentioned in the aforesaid section nine of the act hereby amended.

Persons entitled to vote.

Notices of meetings.

Collectors' fees.

§4. Every elector who is an inhabitant of the said vil lage, of the age of twenty-one years or upwards, whose name shall be upon the assessment roll, made by the trus tees next preceding any election, and against whose real and personal estate a tax shall have been imposed, upon said roll, shall be entitled to vote at any general or special election or meeting.

§ 5. No tax shall be voted to be raised at any election or meeting in said village, unless the notice of holding such meeting required by this act or the act hereby amended, to be given, shall specify the amount and objects of such tax, and the specific sum required or proposed to be raised for each object, and shall state that such meeting will be called upon to vote in respect to raising the sum or sums required. Such notice shall also specify the hour of the day at which such vote will be taken, and such vote shall only be taken within one hour after the time specified in such notice.

§ 6. If two per cent upon the whole amount of money directed to be collected by any warrant, will not amount to the sum of five dollars, the trustees may allow the collector that sum in lieu of his percentage; and such sum shall be apportioned and collected in the same manner as said two per cent is required to be apportioned and collected; and the collector shall be authorised to retain said sum instead of said two per cent.

§ 7. Any person may take up any cattle, beasts or geese Public which may be found running at large in said village, and pound may put them in the pound immediately, and the pound keeper shall receive and detain them in the pound until discharged by law. The pound keeper shall sell such cattle, beasts or geese at public auction in the said village, after affixing a notice in writing for five days, of the time and place of such sale at the pound, and in three other public places in the village, describing the cattle, beasts or geese to be sold, and giving the name of the owner, if known. Such notice shall be affixed within twenty-four hours after the impounding of said animals. In case of sale, the pound keeper shall pay the overplus money arising from the sale, after deducting his fees and charges, to the treasurer of the village, for the benefit of the owner, if claimed within three months; if not so claimed, then for the benefit of the village. The fees and charges may be paid at any time before the hour appointed for the sale, and the pound keeper shall thereupon forthwith release from the pound the animals so impounded.

§ 8. On obtaining the consent in writing of the supervisor of the town of Kinderhook, the trustees may adopt, establish and use the pound belonging to said town and situate in said village, as the village pound; and all animals above mentioned, found running at large in the streets of said village, may be impounded therein, as in a public pound, which the trustees are authorised to establish and maintain by this act. The supervisor aforesaid is hereby authorized to give such consent in writing, which shall be filed with the clerk of the village, and authorise the use of said pound, by the said trustees, for the purposes aforesaid, until such consent shall be revoked by the supervisor of the town, by a written notice to that effect signed by him, and to be served on the clerk of said village.

§ 9. This act shall take effect immediately.

Amend

ment.

Chap. 614.

AN ACT to amend an act entitled "An act for the benefit of Indians," passed April eleventh, eighteen hundred and forty-nine.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act for the benefit of Indians," passed April eleventh, eighteen hundred and forty-nine, is hereby amended by striking out the word "residing," in the first paragraph of said section.

§ 2. Section five of the said act is also hereby amended by striking out the words "residing in their counties." § 3. This act shall take effect immediately.

Duty of commis.

highways.

Chap. 615.

AN ACT to allow the several towns in this State to raise an increased amount of money for the support of Roads and Bridges, and to provide for increased compensation of Commissioners of Highways and other town officers.

Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever the commissioners of highways sioners of of any town in this state shall be of the opinion that the sum now provided by law will be insufficient to pay the expenses actually necessary for the improvement of roads and bridges, and to pay any balance that may be due for such improvement, it shall be lawful for such commissioners to apply in open town meeting for a vote authori