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Counsel.

Trustees may prohibit dangerous

sports, fast driving, etc., etc.

Owners of lots to

sidewalks,

etc.

S34. The said trustees shall have power to employ any attorney or attorneys in the prosecution or defense of any action or proceeding by or against the corporation, or for the transaction of any busi ness of the corporation requiring professional skill.

$35. The said trustees shall have power to reg ulate or prevent the burning of tar barrels, bonfires, the firing of guns, pistols, fire-crackers, rockets, squibs and fireballs, the flying of kites or any other act, amusement or practice endangering the property, or having a tendency to frighten horses or annoy persons passing through the streets or over the sidewalks of said village; to prevent immoderate riding or driving, leaving horses untied in the streets, and to authorize any person to stop any one who shall be guilty of immoderate riding or driving in any of the streets of said village; to prohibit or regulate all exhibitions of natural or artificial curiosities, caravans of animals, theatrical or other shows or exhibbitions, circuses or other performances or exhibitions for money or hire, or authorize the same on such terms as a majority of the trustees shall deem expedient; to fix the compensation of the assessor, who shall in no case receive more than the amount paid to assessors of towns for like services.

$ 36. It shall be the duty of the owner or owners grade, etc., of any lot or lots on any of the public streets in said village, to grade, construct, relay and keep in repair all sidewalks opposite and on the same side of the street with their respective lots, in such time or manner and of such materials as the board of trustees may, by a by-law, resolution or ordinance, for such purpose direct. And if any such owner or owners shall refuse or neglect to grade, construct, relay or repair the sidewalk adjoining said lot or lots when so directed, then after thirty days' notice it shall be lawful for the trustees to cause the same to be graded, constructed, relaid or repaired by such persons as they may employ or appoint for or on account of the owner or owners as aforesaid, and such owner or owners shall be liable to pay the expenses of such grading, constructing, relaying or repairing; and all sums so expended on such sidewalks, after

being audited by the board of trustees, shall thenceforth be a tax to that amount, upon every such lot; and in case the owner or owners shall neglect or refuse to pay the said amount when so audited by the said trustees, the said trustees may collect the same by suit in any court having cognizance of the same. But it shall not be lawful for the trustees of the said corporation to require any person to build, grade or relay or repair, or either, or cause to be built, graded, repaired or relayed, or either, any sidewalk in said corporation exceeding five hundred feet in length.

$37. The trustees shall have power to purchase such blank books and blanks for the use of said village as may be deemed proper and necessary, and contract for such printing as by this act or any of its provisions, and required in executing any duties of the officers of the corporation.

$38. All moneys from fines and penalties imposed by said police justice, shall be paid to the treasurer of said village for the use of said village.

tax for

yearly

trustees

may raise.

$39. The said trustees shall have power to raise, Amount of levy and collect from the taxable property of said ordinary village, a sum not exceeding five hundred dollars in expenses any one year, as a contingent fund to defray the ordinary yearly expenses of said corporation, unless at a special meeting of the inhabitants qualified to vote upon a proposition to raise a tax in said village, shall direct a greater sum to be raised. But this section shall not be construed in any manner to restrict the said trustees from the raising of all taxes before directed to be raised by this act.

§ 40. This act shall take effect immediately

3

Commissioners to lay out roads.

Certain

tracts one road district.

Powers of commissioners of highways.

Chap. 450.

AN ACT to construct a highway from the town of Keene in Essex county, to the State road in the town of North Hudson in said county.

Passed April 19, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Herbert A. Putnam, Adam W. Kane and William H. H. Hull are hereby authorized and appointed commissioners to lay out and construct a road, by the nearest and most feasible route, from the present residence of Smith Beedy in the town of Keene, in a south-easterly direction, to some point on the State road in or near lot number ninety-six in the North River Head tract, a distance of about five miles. $ 2. The Roaring Brook and North River Head tracts within the of Keene and Elizabethtown, and also that portion of said North River Head tract which lies in the town of North Hudson in Essex county, shall be and the same is hereby constituted one road district, under the charge of the commissioners appointed by this act, and their successors in office.

3. Said commissioners, in addition to the powers herein conferred, shall have all the powers conferred by law upon commissioners of highways of the several towns in this State; and in case the town assessors or any of them shall not, for any cause, assess any of the non-resident lands in said district, 'said commissioners shall assess on such lands highway taxes, and the taxes so assessed shall be as valid in all respects, and shall be collected in the same manner as other highway taxes on non-resident lands are collected.

$ 4. Said commissioners shall expend the highway tax assessed and collected in said district as they shall deem best for the interests of the State in the construction of said road.

* So in original.

troller to pay certain moneys.

S5. The Comptroller shall pay over to said com- Compmissioners or any two of them, the amount that may be received from the county treasurer of Essex county for any and all highway taxes assessed and collected by them in said road district, and also a sum equal to the admitted arrears of highway taxes in said road district now assessed and uncollected, or collected and unexpended.

$6. The said commissioners shall give bonds, with satisfactory securities, to the Comptroller of this State, in the penal sum of one thousand dollars each, conditioned for the faithful performance of their duties under this act, before entering upon the discharge thereof, and shall be allowed, out of the aforesaid moneys, two dollars each per day while actually employed in discharge of said duties, and also a sum sufficient to pay their reasonable expenses in laying out and constructing said road.

Bonds of sioners.

commis

comp

$7. The commissioners shall render to the Comp- Report to troller, annually, on or before the first day of January troller. in each year, on oath, an account of their receipts and expenditures under this act, and shall hold their offices until said highways shall have been constructed; and the Comptroller shall have power to fill vacancies that shall occur in said offices, and shall also have the power of removal for cause shown. $8. Chapter three hundred and six of the laws of eighteen hundred and sixty-three, and so much of chapter three hundred and twenty-eight of the laws of eighteen hundred and sixty-six as relates to non-resident highway taxes in North River Head and Roaring Brook tracts in the town of Keene aforesaid are hereby repealed.

$9. This act shall take effect immediately.

Boundarier of village

Chap. 451,

AN ACT to incorporate the village of Mayville, in the town of Chautauqua, county of Chautauqua, and to repeal its present charter.

Passed April 19, 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 Chautauqua, in the county of Chautauqua, within the following limits to wit: Beginning on the west shore of Chautauqua lake, at a point bearing north, forty-four degrees east, from the north-east corner of lot number thirteen, in the Holland Land Company's survey of the village of Mayville, thence south-west on the north-west bounds of lands of Joseph and Benjamin Mills, to a point north-east from the said north-east corner of said lot number thirteen, at the distance of two chains fifty links, thence north-west on a line parallel to Erie street in said village, at the distance of forty chains south-west therefrom, one hundred and twenty-nine chains to the south-east line of lot number thirty-six in said village, thence north-east on the line last mentioned to the center of a creek; thence up said creek across the lot last mentioned to the north-east line thereof; thence north-east on the line last mentioned and across said Erie street to the south-west corner of lot number fifty-two; thence north-east, on the north-west line of the lot last mentioned, forty chains; thence south-east on a line parallel to said Erie street, at the distance of forty chains north-east therefrom, to the north-west line of lot number forty-seven in said village, thence northeast on the line last mentioned, to a point in a line parallel to said Erie street and intersecting the north corner of the cemetery on the lot last mentioned, belonging to William Peacock, thence south-east on the line last mentioned into Chautauqua lake, to a point bearing north forty-four degrees east from the place of beginning, and thence southwest to the place of beginning: shall constitute the village of Mayville,

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