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He shall also enter the same upon the stub or margin of such order remaining in his book, which he shall retain in his possession, and deliver to the clerk of the board of supervisors when so required.

§ 8. The superintendents of the poor of said county are hereby authorized to make and ordain such rules and by-laws as they may think necessary for the purpose of regulating and carrying into effect the powers granted to them under the provisions of this act. The superintendents shall audit all accounts of such articles and things bought by them by virtue and in pursuance of this act, from time to time, as they audit all accounts for articles and things bought for the poorhouse, and shall draw orders on the county treasurer to pay therefor.

9. All provisions of law inconsistent with the provisions of this act are hereby repealed.

§ 10. This act shall take effect immediately.

Boundaries.

Chap. 218.

AN ACT more effectually making Malone village a separate road district; declaring persons guilty of certain acts therein, disorderly persons; and conferring additional powers upon the Trustees of said village.

Passed April 14th, 1858, 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 Malone, in the county of Franklin, embraced within the limits of Malone village, as heretofore incorporated under the act entitled "An act to provide for the incorporation of villages," passed December seventh, eighteen hundred and fortyseven, and the several acts amending the same, and all such parts of the said town as shall at any time hereafter be embraced within the limits of said village, is hereby declared to be a separate road district, and free

have powers

from the superintendence, charge and jurisdiction of the
commissioner or commissioners of highways of said town,
in respect to the streets and highways therein; and the
trustees of said village shall be the exclusive commis- Trustees to
sioners and overseers of highways in respect to streets and of commis
highways therein, and they alone shall possess and exercise ionors, &c.
all the powers of commissioners of highways of towns, and
Overseers of highways in road districts, in repairing, alter-
ing, describing, laying out and discontinuing streets and
highways in said village, and making assessments of money
and labor therefor, and authorizing and enforcing the col-
lection, payment and performance thereof, and causing en-
croachments upon such highways and streets to be removed,
and in laying out money and labor for said purposes, within
the limits of said village; but all public bridges within
said village shall be, as heretofore, subject to the super-
vision and control of the commissioner or commissioners of
highways of said town of Malone, and a charge upon the said
town for their construction, repair and maintenance.

liable to

§ 2. All real estate situate within the limits of said vil- Property lage, and all persons resident therein, and all corporations assessment. located and doing business in said village, which property, persons and corporations, would have been liable to assessment for highway labor in the town of Malone, had not the said village been incorporated and made a separate road district, shall be liable to assessment for highway purposes in said village; but no part of the track of the railroad running through the said town, except such as lies within the limits of the said village, shall be so assessed therein; and no person or corporation, residing or located within the said village, shall be assessed therein for lands owned or Occupied by such person or corporation beyond the limits of the said village within the town of Malone, but all such persons and corporations shall be assessed for such lands in the road district in said town in which such lands shall lie. And the trustees of said village, and the overseers of the several highway districts in said town, may proceed to en-Trustees to force collection and performance of highway taxes and enforce collabor, against the owners and occupants of real estate highway situate and liable to assessment in the said village or in the said districts respectively, as herein provided, the same as if such owners and occupants were residents in the village or district in which such assessment shall be made

lection of

tax.

Tax, how to

§3. At any meeting of the electors of such village to be raised.

1

Poll tax.

elect village officers, or at any other meeting of such electors, duly notified by the trustees, in the manner prescribed by the said act under which the said village is organized, the persons entitled to vote to raise taxes in such village, may, by resolution, direct the trustees to cause to be raised by tax, as other moneys shall be raised for corporate purposes in said village, such sum as shall be prescribed by such resolution, to repair and improve the highways, streets and public grounds in said village, or may direct the said trustees to make an assessment of labor to be performed upon the highways, streets and public grounds in said village, in the manner authorized and prescribed by law for the assessment and enforcement of performance of highway labor in towns. And in either case the said trustees may impose a poll tax of at least one day of highway labor, upon all inhabitants of said village who would have been liable to be assessed in the town of Malone, had not the said village been incorporated, and who Fencing, &c. are not specially exempted from such assessment under any law of this state. And the trustees may direct the application of so much of said moneys or labor to the grading, fencing and improving of the public grounds, and the planting and protecting of trees thereon, as they shall deem proper. §4. The trustees of said village may cause such porlaid out on tions of the moneys assessed, levied and collected in said highways village, in each year, to be laid out on such of the highways in the town of Malone, leading into said village, as they shall direct.

Money to be

Lands taken

§ 5. In the case of taking lands for streets or highways for streets. in said village, the damages to the owners of such lands shall be ascertained in the manner prescribed by law for ascertaining the damages for taking lands of individuals for the laying out of highways in towns, and the money for paying the same shall be raised by taxation in the same manner as other taxes are authorized to be voted, assessed, levied and collected in the said village; and all the general laws of this state in relation to highways, shall be applica ble to highways in said village, except as herein otherwise provided. But in the case of the assessment of highway labor upon property in said village, the same shall be made as the said property shall appear upon the last assessment roll of said village.

Highway laws.

Guns, pistols, &c.,

firing of.

§ 6. All persons firing guns, pistols, crackers, rockets or squibs, or throwing or playing with fire balls or any other

fire works charged with gunpowder, or other explosive or highly inflammable material, or building fires in any of the public streets of said village, or making any improper noise which may disturb the peace of said village, or who shall bathe or swim in any mill race, river or other waters in said village, or ring any bell, blow any horn, or cry any goods, wares and merchandise or other commodity, or hawk and peddle in the streets of said village, or be guilty of immoderately riding or driving any horse or horses in the streets of said village, or be engaged in any riot or disorderly assemblage, or make any noise or disturbances, or keep any disorderly house, grocery, or house of ill-fame in Disorderly said village, or be guilty of any drunkenness or disorderly houses, &c. conduct in any public street or place in said village, contrary to any ordinance passed by the trustees of said village; and all vagrants, mendicants, street beggars and common prostitutes, in said village; and all persons selling any intoxicating liquors in said village, without having a lawful license to make such sale, and all persons keeping any grocery, eating saloon, victualing house or oyster cellar, and selling or giving, or allowing to be sold or given to any person, to be drank therein or in any outhouse, yard or shed connected therewith, or adjoining thereto, any intoxicating liquors; and all keepers of inns, taverns or hotels in Intoxicating said village licensed to sell intoxicating liquors, whose inns, liquors, &c. taverns or hotels shall be frequented by persons residing in the town of Malone who shall be in the habit of drinking intoxicating liquors, or by idle and profane persons resident in said town, or who shall sell or give, or allow to be sold or given, in their said taverns, inns or hotels, any intoxicating liquors to any drunken person, or to any resident of the town of Malone who is in the habit of becoming intoxicated; and all keepers of taverns in said village who shall sell or give, or allow to be sold or given, in their said inns, taverns or hotels, any intoxicating liquors to any minor or apprentice residing in said town of Malone, or who shall allow merchants' clerks and other young men residing in said town, to assemble at their inns, taverns or hotels in the evening or night-time, and drink intoxicating liquors, or who shall on Sunday sell or give, or allow to be sold or given, in their said inns, taverns or hotels, any intoxicating liquors, to any person residing in the county of Franklin, shall be deemed disorderly persons, and may be Disorderly proceeded against and dealt with in the mode prescribed by

Any person declared a disorderly person.

title five, chapter twenty, part one, of the revised statutes, and any such disorderly person, and any person declared to be a disorderly person by said title five, who shall be discovered or detected in the actual commission of any act or acts rendering them disorderly persons as aforesaid, by the sheriff of the county of Franklin, the constable elected in said village, or any constable of the town of Malone, such officer shall have power, and it shall be his duty, summarily to arrest such disorderly person, without complaint or warrant, and take him or her before any justice of the peace resident in said village, to be proceeded against and dealt with as above provided; and in all other cases they shall be proceeded against by complaint and warrant as prescribed in said title. And any person in the employ of the keeper of any grocery, eating saloon, victualing house, oyster cellar, inn, tavern or hotel in which he shall be employed, in said village, any of the acts, the doing or permitting of which, by the keeper of any such grocery, eating saloon, victualing house, oyster cellar, inn, tavern or hotel, would render such keeper, a disorderly person under this act, is hereby declared to be a disorderly person and may be proceeded against and dealt with as such in the same manner as in this act and the said title prescribed.

7. Any person declared a disorderly person by this act, and committed to the jail of said county for want of sureties for good behavior, may in all cases in which it shall be so directed in the order of commitment, be employed and compelled to work under the direction of the trustees of said village who shall have full power and authority for that purpose, upon the public streets and highways in said village, or in fencing, grading and improving the public grounds therein, or in making sidewalks or crosswalks upon such highways and streets, during the time for which such disorderly person shall have been so committed; and the keeper of said jail shall from time to time permit such disorderly persons to be taken from said jail to do such work, under the charge of such person or persons as the said trustees shall designate for that purpose, which person or persons so designated shall have the legal custody of such disorderly persons while out of said jail for the purpose aforesaid, and said keeper shall receive them back into such jail from time to time, when remanded to him by the said trustees or the person or persons so designated by them, and such keeper shall not be responsible for the safe keeping of

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