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1352

Journal to

be kept by board of trustees.

Report of trustees.

Owners of dogs.

liability, and to the village for such money or property.

$ 5. No member of the board of trustees shall be interested in any contract to which the village shall be a party.

$6. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant or tax payer in said village, in any action or proceeding in which the village is interested.

S7. Any pecuniary penalty incurred by any minor for violating any by-law, rule or regulation of the trustees, may be enforced and collected of the parents or guardians of such minor.

8. The board of trustees shall keep and preserve a journal of all its proceedings; and all questions passed upon by said board shall be taken by ayes and noes, when required by one of the trustees, and shall be entered and recorded in said journal, and said journal shall also contain the names of the members of said board, present, and voting on any question, and the affirmative and negative votes of the members so voting.

$9. The trustees shall report in writing to each annual meeting of the electors, a statement or account of the receipts or expenditures of the corporation for the preceding year, which statement shall show the name of every person who shall have had any account or claim allowed by them, the amount of such claim, and a brief statement of the nature of the demand, and shall be filed with the clerk.

$10. The owner and possessor of every dog in the village of Hart's Falls shall be taxed in said village in addition to the usual town tax on dogs; and the trustees of said village, at the time of making their annual assessment, shall inquire and ascertain the number of dogs liable to be taxed, and shall enter, in a list to be made by him, the name of every person in said village then owning or keeping any dog, the number kept by such persons, and the whole amount of tax to be paid by him; and upon every dog of three months old and upwards, owned or kept by any one person or family there shall be annually levied and collected a tax of one dollar.

1. If any person duly assessed for a dog, shall refuse or neglect to pay the tax so assessed, for five days after demand thereof, it shall be lawful for the collector to kill the dog so taxed.

$12. The moneys so collected by the collector of said village, for taxes on dogs, after retaining in his hands a commission at the rate of five dollars on the hundred dollars, shall be paid to the treasurer of said village for the general purposes of said village.

$13. The trustees shall have power to remit any poll-tax levied upon any indigent person, who is sick, lame or infirm, and to discharge him from payment thereof.

314. The trustees shall have power to enforce all provisions of this act, and all rules, regulations, ordiDances and by-laws by them enacted or ordained, in pursuance of the powers conferred upon them by this act, by enacting or ordaining penalties or forfeitures to be incurred for each and every violation of the same, not exceeding two hundred and fifty dollars for any one offense, to be recovered with costs, in the corporate name of the village, in any court having cognizance thereof. The pleadings or proceedings, except as herein otherwise directed, shall be the same as described in the code of procedure, and the party in whose favor judgment shall be rendered shall have execution of such judgment, in like manner as in other cases; all expenses incurred in prosecuting for any penalty or forfeiture shall be defrayed by the corporation, and all moneys recovered or collected therefor shall be paid into the treasury for the general purposes of said village.

1353

Executive trustees.

powers of

disorderly

$15. When any, person charged or complained Arrests of against as a disorderly person, under the provisions persons. of this act, shall be arrested and brought before any justice of the peace or officer having jurisdiction, he shall proceed forthwith to hear, try and determine the complaint or charge on which such person is so arrested; or he may, in his discretion, adjourn the hearing or trial, on cause shown, not to exceed five days and in the mean time may commit the offender to the village lock-up, county jail or place of detention, until such day, or suffer him or her to go at

1354

Boundaries of village.

large, on his or her executing a bond, with surety, under the approval of said justice, conditioned that he or she will appear on said adjourned day; and upon the conviction of any such offender, either by confession or competent testimony, the said justice or officer having jurisdiction, as the case may be, shall have power, and is hereby authorized, to punish by fine, not exceeding fifty dollars, or by imprisonment in the county jail of Rensselaer county, not to exceed six months, or by both such fine and imprisonment.

S16. The president and clerk of said village is hereby authorized to take affidavits and administer oaths, whenever required in the transaction of any business appertaining to said corporation.

$ 17. The police justice shall have jurisdiction to hear and try all actions brought to recover any penalty or forfeiture imposed under this act, or the ordinances and by-laws made in pursuance of this act, whether said action be commenced by summons or warrant.

S 18. All acts and parts of acts inconsistent with the provisions of this act, are hereby declared inapplicable to said village.

19. This act shall be deemed a public act, and the same shall be construed benignly and favorably for every beneficial purpose.

$ 20. This act shall take effect immediately.

Chap. 513.

AN ACT to amend the charter of the village of

Avon.

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 of Avon, in the county of Livingston, which is contained in the following bounds, viz.: beginning at an angle in a private road along the east bank of the Genesee river, fifty four links north, three and one-half degrees west of the north abutment of the Buffalo, New

York and Erie railroad bridge over said river; thence south, sixty-eight and one-fourth degrees east, fifty chains to the west bounds of the Rochester road; thence south, seventy-two degrees east, one chain across said road to George Regar's north-west corner; thence same course seventy-three chains and sixty-six links to H. C. Danold's east line; thence south; seventeen and three-fourths degrees west, along said Danold's east line, thirty-seven chains eighty-five links to the north bounds of the State road; thence north, seventy-six degrees west, along the north bounds of said State road, fifty links; thence south, seventeen and three-fourths degrees west, one chain and fifty links across said road to the north-east corner of W. W. Wadsworth's five lots farm; thence same course seventy chains eighty-three links to the south-east corner of said farm; thence north, seventy-two degrees west, along the north bounds of the road, forty-six chains to the south-west corner of D. Lacy's lot; thence north, eighteen degrees east, along said Lacy's west line, seventy-six links to the south-east corner of town lot number one hundred and forty-four; thence north, seventeen, and one-half degrees west, along the south line of said lot, twenty chains and seventeen links to the south-west corner of said lot; thence north, eighteen degrees east, along the west line of said lot number one hundred and forty-four, one chain and ten links to the north-east corner of lot number one hundred and eighty; thence north, seventy-two degrees west, one chain and fifty links across the six rod Geneseo road to the south-east corner of lot number one hundred and forty-seven; thence south, seventy-seven and one half degrees west, along the north bounds of the ancient Geneseo road, nine chains to an angle; thence north, seventy-two and one-half degrees west, fourteen chains and ninety-two links to the northeast corner of lot number one hundred and seventyfive, now owned by A. Christie; thence north, sixtysix and three-fourths degrees west, along the north line of said lot number one hundred and seventy-five, thirty-five chains and seventy-seven links to the west bounds of Mill street; thence north, three and one

Corporate name.

Elective officers.

Appointed officers.

fourth degrees east, along the west bounds of said street, seven chains and sixty links to an angle; thence north, twenty-one and one-half degrees east, twelve chains and thirty-six links across Bath street to the north bounds of B. W. Hornbeck's lot; thence north, seventy-four and one-half degrees west, one chain and thirteen links to the south-west corner of the Hornbeck lot; thence north, fourteen and one-half degrees east, four chains and fifty-nine links to the center of Spring street; thence north, twenty-nine and one-fourth degrees east, sixty-two chains and forty-six links across the State road to the south-west corner of W. W. Wadsworth's bridge farm, near the east bank of the Geensee river; thence down the river along the east bounds of Farmers' street, north two and three-fourths degrees east, thirteen chains; thence north three and one-half degrees west, thirteen chains to the place of beginning. All within the said limits shall hereafter be known and distinguished as the village of Avon, and all the inhabitants residing within said bounds shall hereafter, henceforth and forever be a body politic and corporate in fact and in name, by the name of the village of Avon, and as such have perpetual succession, and may sue and be sued, complain and defend in any court of law or equity; may take, hold, purchase and convey real estate and personal property as the purposes of such corporation may require, adopt and use a common seal, and alter the same at pleasure, and may exercise such other powers as is or may be conferred by law, or as shall be necessary to carry the powers conferred on such corporation into effect.

$2. The officers of said village shall be the following:

To be elected at regular meeting:

Five trustees, one of which shall be president, to be elected by their own body, one treasurer, one collector, two assessors, one police justice.

To be appointed by the trustees, removable at their discretion:

One or more police constables; one street commissioner; one firewarden; one pound master, and such

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