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Boundaries of village.

inflicting a penalty for the violation thereof, shall be published at least three days, by posting the same in three public and conspicuous places in said village, before they shall take effect.

$40. This act shall take effect immediately.

Chap. 514.

AN ACT to amend and consolidate the several acts in relation to the village of Rondout.

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:

TITLE I.

OF THE BOUNDARIES, CORPORATE NAME AND POWERS
OF THE VILLAGE OF RONDOUT.

SECTION 1. All that district of country in the town of Kingston, in the county of Ulster, comprised within the following boundaries, to wit: beginning at the most easterly corner of Wiltwick cemetery; thence in a straight line about north seventy-six degrees, east till it intersects a line drawn parallel with and one hundred feet westerly from the west side of the Vaux Hall avenue, which point of intersection is three hundred feet southerly from the southerly side of Union avenue; thence on a line parallel with Vaux Hall avenue, and one hundred feet westerly from the westerly side thereof, to the southerly side of Prince street; thence easterly along the southerly side of Prince street one hundred feet to a cedar tree standing on the westerly side of Vaux Hall avenue; thence continuing the same course nine chains, to the top of the ridge east of Vauxhall avenue; thence easterly in a straight line to the north-west corner of a brick house standing on the west side of the roadway leading from the Kingston Point road to the brick yard of John H. Cordts & Company, and about nine hundred feet northerly from said Kingston Point road; thence continuing on the same course to the middle of the channel of the Hud

son river, being the easterly bounds of the county of Ulster; thence southerly along said bounds to the middle of the channel of the Rondout creek, being the bounds of the town of Esopus; thence up and along said bounds, through the middle of the channel of said creek as it winds and turns, to a point opposite to a point on the dock near the south-east corner of the stone yard of Daniel Donovan, and one hundred and twenty-four feet south-west of the south-west corner of a large ice-house near by; thence north-westerly in a direct line to the place of beginning, shall be known and distinguished by the name of "The village of Rondout."

name and powers.

$2. The inhabitants residing in such district, being Corporate citizens of this State, shall be a body corporate and politic by the name of "The trustees of the village of Rondout," and as such, shall have the powers and privileges conferred by the statutes of this State upon corporations, as well as those conferred by this act, which shall be known as the charter of said village.

TITLE II.

OF OFFICERS, THEIR ELECTION AND APPOINTMENT.

3. The officers of said village and corporation officers. shall be five trustees, three assessors, three firewardens, one clerk, one treasurer, one collector, one street commissioner and such subordinate officers as may be authorized by this act.

$4. The trustees, assessors, clerk, treasurer and collector shall be annually elected by ballot, and all other officers shall be appointed by the trustees. If any vacancy shall occur in an elective office, the trustees shall appoint an officer to fill the same for the residue of the unexpired term of such office. All vacancies in office shall be filled by appointment by the trustees.

Elective

and ap

pointed.

office.

$5. Every officer elected in said village shall hold Term of his office for the term of one year from the time of his election, and until a successor shall be elected and qualified in his stead; and every officer appointed in said village (except an officer appointed to fill a

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vacancy in an elective office), shall hold his office during the pleasure of the trustees.

$6. Every officer of said village shall, at the time of his election or appointment, be a resident and elector of said village, and on his ceasing to be such, his office shall become vacant. No person shall be a trustee, clerk, treasurer or collector of said village, unless he be entitled to vote on a proposition to raise a tax upon the inhabitants thereof, and no person shall be an assessor of said village except a freeholder thereof.

$ 7. The annual election of officers of said village shall be held on the first Wednesday of May in each year. Special elections or meetings of the inhabitants of said village shall be held at such times as the trustees may appoint.

S8. Such persons as shall be residents of said village at the time of holding any such election or meeting, and entitled to vote at town meetings in the said town, and no others may vote at such village election or meeting; but no person shall vote on a proposition to raise a tax upon the inhabitants of said village unless he shall have resided therein for six months next preceding the time he offers his vote, and shall be a bona fide tax payer in the town, and have his name enrolled or property assessed on the tax roll of said town.

$9. The clerk or the trustees shall give at least ten days' notice of the time and place of holding any such election or meeting, and of the hours of opening and closing the polls, by publishing such notice in the newspapers published in said village, or by posting such notice in three of the most public places therein, which notice shall distinctly state the object or objects and each of the objects of such election or meeting.

$10. One or more of the trustees shall preside at every such election or meeting, which shall be conducted in all respects, as nearly as may be, in conformity with the provisions of law applicable to the election of town officers, and the trustee or trustees presiding thereat shall have the same authority as inspectors of elections in towns. The polls at each

annual election shall be kept open at least four hours, and at each special meeting at least two hours.

11. At every such election or meeting, a poll list Poll ust. of the persons voting thereat shall be kept by the clerk, or, in case of his absence or inability, by such suitable person, as the trustee or trustees presiding shall appoint to act as election clerk in his stead. And in all cases the trustees may appoint a clerk of the poll to keep an additional poll list.

elect.

$12. A plurality of votes shall elect, and if two or Plurality to more persons shall receive an equal number of votes for the same office, such number being higher than that received by any other person therefor, the trustee or trustees presiding at the election shall forthwith determine by lot which shall be deemed elected, and in such case the facts shall be set forth in the certificate of the canvass.

stables..

Bonds of

treasurer

and col

lector.

13. The trustees shall appoint two police con- Police constables, and may appoint, for such time as they deem proper, such number of policemen or of night watchmen, not exceeding twelve, as they deem necessary, and may establish and maintain a competent police. $ 14. The treasurer, before entering upon the duties of his office, and the collector, before receiving any warrant for the collection of any tax or assessment, shall execute a bond to "the trustees of the village of Rondout," their successors and assigns, in such sum, and with such sureties as the trustees shall approve, conditioned that he will faithfully execute the duties of his office, and honestly and faithfully account for and pay over all moneys received by him by virtue of such office, which bond, with the approval of the trustees thereon, signed by them, or a majority of them, shall be filed in the office of the clerk of said village. The trustees shall require the collector to give a separate bond such as is above described, as to each of such warrants, and may, whenever they deem it necessary, require additional security from either of said officers. If either of said officers shall refuse or neglect to deliver to the trustees such bond or security for five days after being notified by them to do so, the trustees may suspend him from office, or declare his office vacant.

Notice to persons

S15. Within ten days after the election or appointelected, etc. ment of any officer, the trustees or clerk shall cause to be given to him a written or printed notice of his election or appointment, and within ten days after receiving the same he shall take and subscribe the constitutional oath of office, and file or leave the same with the clerk; and if he refuse or neglect to do so the trustees may declare his office vacant.

Trustees.

Quorum, etc.

Power of

trustees as to village property, etc.

Care of records, etc.

Protection of inhabitants, etc.

S 16. All resignations of officers in said village shall be made in writing to the trustees, and no resignation shall take effect until the trustees shall have accepted the same.

TITLE III.

OF THE POWERS AND DUTIES OF OFFICERS.

S 17. The trustees, within ten days after their election, shall organize as a board by appointing one of their number president of such board who shall also be president of the village. A majority of them at any meeting shall constitute a quorum, and be competent to transact any business or exercise any power conferred by this act, except as otherwise provided therein.

S 18. The trustees shall exercise all the corporate powers mentioned in the second section of this act, and shall have the control and management of all the property, both real and personal, belonging to the corporation, and all the finances thereof; and no debt or liability which may become a charge against said village or corporation shall be created or contracted, except by the authority of the said trustees; and in addition to such other powers as may be herein conferred upon them, the said trustees shall have full power:

1. To provide for the care, custody and preservation of the public property, records, books and papers belonging to said village or corporation; to prevent or punish any injury to or trespass upon the same, to make any and all necessary repairs and improvements to the same, and to cause any part thereof to be insured when they shall deem it necessary.

2. To protect the inhabitants in their persons and property, suppress disorderly assemblages, preserve

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