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Brighton, and for that purpose they shall have the same powers and duties, in all respects, as the board of town auditors now have in the town of Castleton. The village of New Brighton shall pay its own town expenses, and no inhabitant thereof or property therein shall be liable or be taxed for any portion of the town expenses incurred for or by the remainder of the town of Castleton; and any court of competent jurisdiction shall, on application, restrain the collection of any such tax, by injunction or otherwise. All functions of the board of town auditors for the town of Castleton, within the limits of the village of New Brighton are hereby abolished, and to their yearly return of town expenses to the board of supervisors of Richmond county, said board of town auditors shall annex their certificate that all bills and charges allowed and returned by them were incurred for and arose in the part of the town of Castleton outside of the limits of said village. For the guidance of the board of supervisors of Richmond county, the assessors of the town of Castleton shall every year, at the same time that they deliver their annual assessment roll, make and deliver to the supervisors of that town a list, duly certified by them, and taken from their annual assessment roll, of all persons residing and property situated in said town of Castleton and outside of said village, for which they shall receive five dollars from the village; and the board of supervisors of said county, when they lay and apportion the anunal tax, shall, after apportioning its share of the State and county tax upon the whole of said town of Castleton, apportion all town taxes incurred during that year by or for that portion of said town lying outside of the village limits among and upon the persons and property embraced in said list, excluding all within said village.

311. Section one of title five of said act is hereby amended so as to read as follows:

village to

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List of per property for

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taxation not to be exceeded.

1. The board of trustees shall have power to Rate of raise annually by taxation upon the taxable inhabitants of the village of new Brighton, and upon the property therein liable to taxation, such sum of money as they shall deem proper, not exceeding one and one


half per cent upon the assessed valuation of the property within said village, the same to be expended in payment of the expenses of the corporation for roads and improvements, and to carry into effect the several powers, duties and privileges, granted, imposed and conferred by this act hereby amended; and they shall, on or before the first day of May in each year, determine what sum shall be raised by tax for the then current year.

S 12. The justices of the peace in said village shall retain their civil jurisdiction.

13. The official acts of the trustees of common schools within the limits of said village are hereby legalized.

S14. This act shall take effect immediately.

Chap. 512.

AN ACT to incorporate the village of Hart's Falls, in the county of Rensselaer.

Passed April 22, 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 part of the town* Schaghticoke, in the county of Rensselaer, contained within the following limits, shall constitute the village of Hart's Falls, to wit: Beginning at a point of the north shore of the Hoosick river, near a place called "Buck's Neck," running from thence northerly on John Down's east line, until it intersects the highway leading from what is known as Mather's corners to Stillwater; thence easterly along the south side of said highway, past said Mather's corners, until it intersects the road leading from Valley Falls to Schaghticoke; thence across lands of John A. Baucus, in a southerly direction, to the south side of a place called "Rocky Island;" thence southerly across and to the south shore of the Hoosick river; thence down

*So in original.

along said south shore until it strikes the north bounds of the Albany, Vermont and Canada railroad; thence westerly along the north bounds of said railroad to a point in line with the east line of said John Downs' farm; thence northerly to the place of beginning; and the inhabitants residing therein are hereby constituted and declared a body politic and corporate by the name of the village of Hart's Falls. The said corportion 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 shall have power to hold, purchase and convey such real and personal estate, as the purposes of the corporation may require.

$2. The said village, and the persons and property liable to be assessed for highway labor therein, shall be exempt from the jurisdiction and power of commissioners of highways of the town of Schaghticoke. TITLE II.

$1. The officers of the village shall be as follows: omoers. 1. A president.

2. Four trustees.

3. One police justice.

4. One or more police constables.

5. A collector.

6. A chief engineer of the fire department.

7. A treasurer.

8. A clerk.

9. A superintendent of the streets.

10. A pound master.

11. A firewarden.

$2. At the first election, under this act, a president and four trustees, and a police justice, shall be elected by the electors of said village; the president shall hold his office for one year only; two of the said trustees shall hold their office for one year only, and the other two shall hold their office for two years; and the term for which the person is voted for shall be designated on the ballot. At each annual election thereafter, a president and two trustees shall be elected, the president to hold his office for one year and the trustees for two years.

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$ 3. The chief engineer and two assistants shall be elected by the fire department, subject to the approval of the board of trustees. The clerk, police constables, street superintendent, treasurer, collector, firewarden and pound-keeper shall be appointed annually by the board of trustees, and hold their respective offices during the pleasure of the trustees.

S4. The police justice shall hold his office for four years, to be elected upon the same ballot with the president and trustees, at the first election thereof; and, at every fourth annual election after said first election, a police justice shall be elected in said village.

S 5. All officers, elected or appointed under this act, shall hold their respective offices, unless sooner removed or disqualified, until their successors shall be elected or appointed and qualified.

$6. Every person, elected or appointed to office
under this act, who shall refuse or neglect to file the
oath of office, hereinafter required, for five days after
personal notice, in writing, from the clerk, of his
election or appointment, shall be deemed to have
declined the office, and his place may be filled as in
case of a vacancy, and he shall forfeit, for the use of
the village, five dollars.

$7. No person shall be eligible or appointed to any
office, unless he shall be, at the time, a resident and
elector of said village. Trustees must be resident
freeholders of the village; and whenever any officer
of said village shall cease to be a resident of said
village, his office shall thereby become vacant.
S8. If any vacancy shall happen in any elective
office it shall be the duty of the board of trustees to
direct a special election to fill the same. Notices
shall be put up, and the election shall be conducted
in the same manner as annual elections are con-

$ 9. The treasurer, collector, street superintendent,
police constables and such other officers as may be
required by the board of trustees, shall, severally,
before they enter upon the duties of their respective
offices, execute and file, with the village clerk, a bond
to the village of Hart's Falls, in such sum and with
such sureties as the board of trustees shall approve,

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conditioned that they will faithfully execute the duties of their respective offices, and account for and pay over all moneys received by them, respectively. 310. The several officers elected or appointed under this act, shall, each, before entering upon the duties of his office. take and file with the clerk the oath of office provided by the constitution.

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Sll. All the inhabitants of said village qualified Qualifica to vote at town meetings who have resided in said vote. village thirty days next preceding said election, shall be entitled to vote for all officers to be elected, and at all elections to be held by virtue of this act; but no person shall vote upon any proposition to raise a tax or appropriate the same, unless he shall at the time be liable to be assessed for such tax.

$12. An election of the officers of the corporation Election. shall be held annually on the first Tuesday in May, at one o'clock in the afternoon, and continue until sunset of that day, at such place as shall be designated by the trustees, or a majority of them. The first election shall be held on the first Tuesday in May next at the Schaghticoke House in said village, and at least six days' notice shall be given next prior to said election, by posting notices in four conspicuous places in said village. Notices for the first election. to be posted by the supervisor, town clerk, or one of the justices of the peace of said town, and said supervisor, justice of the peace or town clerk shall preside as inspectors of said first election, and declare the persons receiving the greatest number of votes duly elected, and shall, as soon as may be thereafter, notify them of their election.

of election.

313. The trustees shall be inspectors of election, Inspectors and one or more of them shall preside at such election; and in case no trustee shall be present, the ebetors may appoint a chairman to preside. The presiding officers at all such elections are authorized to preserve order, judge of the qualifications of electors, canvass the ballots, and declare the persons having the greatest number of votes elected. And the inspectors shall forthwith, without adjourning, canvass the votes received by them, and shall make

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