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common lands, relative to the inspection of weights and measures, relative to erecting and regulating hay-scales, and relative to any thing whatsoever that may concern the public and good government of the said village ; but no such bye-laws shall extend to the regulating or ascertaine ing the prices of any commodities or articles of provision, except the article of bread, that may be offered for sale ; Provided also, That such bye-laws be not contrary to or inconsistent with the laws and statutes of this state or of
the United States. And impose IV. And be it further enacted, That the said trustees, or
the major part of them, as often as they shall make, ordain and publish any such bye-laws for the purposés afore said, may make, ordain, limit and provide such reasonable. fines against the offenders of such laws as they may think proper, not exceeding twenty-five dollars for any one offence, to be prosecuted and recovered before any justice of the peace or court having cognizance of the same, by
the trustees to and for the use of said corporation. And regulate
V. And be it further enacted, That it shall be lawful for the price of the trustees of the said village of Poughkeepsie, or the mabread.
jor part of them, and their successors, to make, ordain, constitute and publish a bye-law prohibiting any baker or other person within the limits aforesaid, from selling any bread at any higher price or rate than bread of the like quality at the time of such sale shall be assized in and for the city . of New-York by the corporation of the said city, under the
penalty of one dollar for every offence, to be recovered
said corporation. Inhabitants to
sto VI. And be it further enacted, That the freeholders and choose andu. inhabitants of the said village of Poughkeepsie, qualified to ally affeflors, treasurer, col. vote at town meetings, at their annual meetings in every lector & fire. . wardens.
year hereafter to be held for choosing trustees, or at any other meeting duly notified, shall and they are hereby au. thorized and empowered to choose not less than three nor more than five judicious inhabitants, being freeholders, as assessors, one treasurer being also a freeholder, one collector, and as many fire-wardens as the trustees for the time being, or the major part of them, may order and direct ; and that at every such election the person or per
sons having the greatest number of votes for such offices Trustees to respectively, shall be deemed to be duly chosen ; and in fupply vacan.
case a vacancy shall happen by the death of any one of the assessors, the treasurer, collector or fire-wardens, it shall be the duty of the trustees, or the major part of them, within ten days thereafter, to appoint some suitable person to fill such vacancy, and the person so to be appointed shall be vested with the like powers, and subject to the
same penalties and restrictions as if elected by the free. holders and inhabitants of said village as above mentioned. VII. And be it further enacted, That the trustees, trea- Trufices and
other officers surer, collector, assessors and fire-wardens shall within ten to take an days after every election, and before they proceed to the
oath. exercise of their several offices, respectively take and subscribe an oath or affirmation before any justice of the peace in the said village or within the county of Dutchess, for the faithful execution of the trust or office to which they may be severally elected.
VIII. And be it further enacted, That the treasurer and Treasurer... collector hereafter to be elected, shall before they enter to give fecu. upon the execution of their offices, respectively give such mity. security for the faithful performance of the trusts reposed in them, as the major part of the trustees for the time being shall deem sufficient.
ix. And be it further enacted, That if any one of the Persons re: inhabitants of said village, qualified as aforesaid, shall truftee, affef
for or fire. hereafter be elected or chosen a trustee, or to the office warden liable of assessor or fire-warden, and having notice of his said to a fine. election shall refuse or neglect to take upon him the trust or office to which he be so elected, it shall and may be lawful for the trustees, or the major part of them, to assess and impose upon every such person so neglecting or refusing, such reasonable fine or fines as the said trustees, : : or a major part of them, may think fit, so as such fine for each refusal or neglect shall not exceed the sum of twenty dollars ; all which said fines shall and may be recovered How affered by action of debt before any justice of the peace in the and collected. said village, or within the county of Dutchess, or any court having cognizance of the same, to be recovered and received by the said trustees to and for the use of the said corporation ; that in all cases where the trustees of the vil- How to de lage of Poughkeepsie are authorized or required to sue or clare, in fuito
by the truitees prosecute for any debts, penalties, fines or forfeitures by virtue of this act, it shall be sufficient for the said trustees in any suit or action to be brought for any such debt, penalty, fine or forfeiture, to declare generally that the defendant is indebted to the trustees of the village of Pough- ' keepsie in the amount of such debt, penalty, fine or forfeiture by virtue of this act, to be paid to the said trustees when thereunto required, and under such declaration to give the special matter in evidence.
X. And whereas, It is necessary for the good government Trustees to of the said village, that it should be more particularly the Ghente a pre business of some one of the trustees of the said village to attend to its more immediate concerns ; Therefore, Be it further enacted, That the trustees within ten days after their being elected in every year hereafter, or the major part of them, shall and it is hereby made their duty to assemble in some convenient place in the said village, and
there to choose and appoint some one suitable person of their body to be president of the said board of trustees, whose duty it shall be when present, to preside at the meeting of the trustees, to order extraordinary meetings of the trustees whenever he may find it for the interest of the village so to do, to receive complaints of the breach of any of the laws, to see that all the bye-laws, rules and ordinances are faithfully executed, and prosecute in the name of the trustees all offenders against such bye-laws, to receive and lay before the trustees the returns of the fire-wardens, and who with the consent of the major part of the trustees shall appoint under his hand and the seal of the said village the company of firemen, to inspect the utensils belonging to the said village for extinguishing fires, apd whose duty it shall be more particularly to see the engines and fire utensils, engine-houses and all other public property belonging to the said village suitably and properly taken care of and kept in order, and to do all such other acts and things as may be proper for him as president of the board of trustees to do ; and in case of the death, absence or disability of the president to discharge the several duties before mentioned, his place shall be supplied in the manner hereafter to be provided
for by the bye-laws of the said corporation. Duty of the XI. And be it further enacted, That the collector shall collector,
within such time as shall hereafter be provided for by the bye-laws of the said corporation,' next after the receipt of his warrant for collecting any tax that may have been or
dered to be raised, collect and pay the same to the trean Monies howe surer ; and that all monies which may at any time be in to be applied. the hands of the treasurer shall be liable to be drawn out
by the trustees, or the major part of them, and applied and disposed of as shall have been directed by the freer
holders and inhabitants of said village. Truftees to
XII. And be it further enacted, That the said trustees shall keep a just and accurate account of their necessary expenses and disbursements, and on exhibiting the same
to the treasurer, shall be entitled to receive the amount Compensation thereof out of any monies in the treasury ; and that the ser, collector treasurer, collector, and assessors shall be paid for their sev
eral services such suitable compensation as the legal voters of the said corporation or a majority of them at their annual meeting shall deem reasonable and proper.
XIII. And be it further enacted, That the firemen who Firemen ex. empted from may at any time hereafter be appointed in the said vilries or in the lage, and each and every of them, shall be exempted from militia. serving as jurymen, or in the militia of this state except
in cases of the actual invasion of this state or insurrections Provilo. therein ; Provided, That the number of firemen shall not
serving on ju.
1 not to hold
XFV. And be it further enacted, That it shall not be law. Corporation ful for the said corporation to purchase or hold any real realitatea cont
not to hold testate whatsoever not lying or being within the limits of of the village. the said corporation. '
TENTH SESSION. CHAP. LXXXII. An ACT to institute an University within this State, and for other Purposes therein mentioned;
Passed 13th April, 1787. : . . T H EREAS by tivo acts of the legislature of the state Preamble.
VV of New York, the one passed the first day of May and the other the twenty-sixth day of November, one thousand seven hundred and eighty-four, an university is instituted within this state in the manner and with the powers therein specified ; And whereas, From the representation of the regents of the said university, it appears that there are defects in the constitution of the said university which call for alterations and amendments ; And whereas a number of acts on the same subject amending, correcting and altering former ones; tend to render the same less intelligible and easy to be understood ; Wherefore, to the end that the constitution of the said university may be properly amended and appear entire in one law, it will be expedient to delineate and establish the same in this, and repeal all former acts relative thereto :
I. Be it enacted by the People of the State of New York, Univerfita represented in Senate and Assembly, and it is hereby enacted infticuted. by the authority of the same, That an university be and is hereby instituted within this state, to be called and known by the name or style of The regents of the university of the state of New-York; that the said regents shall always be twenty-one in number, of which the governor and lieutenant-governor of the state for the time being shall always in virtue of their offices be two ; that the go- Regenta vernor, lieutenant-governor, and John Rodgers, Egbert naned. Benson, Philip Schuyler, Ezra L'Hommedieu, Nathan Carr, Peter Sylvester, John Jay, Dirck Romeyn, James Livingston, Ebenezer Russell Lewis Morris, Matthew Clarkson, Benjamin Moore, Ejlardus Westerlo, Andrew King, William Lynn, Jonathan G. Tompkins, John M'Donald and Frederick William De Steuben, shall be and hereby are appointed the present regents : and that they and all the future regents shall continue in place during the pleasure of the legislature ; that all vacancies in the regency which may happen by death or removal, or resignation, shall from time to time be supplied by the legislature, in
• the manner in which delegates to congress are appointed : Regents to that the said regents, as soon as may be after the passing cellor & vice of this act, shall convene at such time and place as the chancellor,
governor shall appoint and by plurality of voices by bal
lot choose a chancellor and vice-chancellor, to continue in Who shall office during the pleasure of the said regents; that the said preside at their meet chancellor, or in his absence from the said meeting the ings. vice-chancellor, or in case 'both be absent, then the senior
regent present (and whose seniority shall be decided by the order in which the regents are named ors appointed)
shall preside, and in case of division have a casting voice To appoint at all meetings of the said regents ; that all meetings of meetings.
the said regents after the first, shall be held at such time and place as the chancellor, or in case of his death, absence from the state or resignation, the vice-chancellor, or in case of the death, absence from the state or resignation of both of them, then at such time and place as the senior regent present in the state shall appoint ; and it shall be the duty of the chancellor, vice-chancellor or senior regent, as the case in virtue of the above contingencies may be, to ortler and call a meeting of the said regents whenever and as often as three regents shall in writing apply for and request the same, such order or call to be published in one or more of the public newspapers
in the city of New-York, at least ten days prior to such Eight regents meeting ; And further, That any eight of the said regents to make a
meeting at the time and place so ordered shall be a quoquorum.
rum, and be enabled to transact and do the business which
by this act they shall be authorized or directed to do and University transact; that the said university shall be and hereby is incorincorporated.
porated, and shall be known by the name of The regents of the university of the state of New-York, and by that name shall have perpetual succession, and power to sue and be sued, to hold property real and personal, to the amount of the annual income of forty thousand bushels of wheat, to buy and to sell and otherwise lawfully dispose of lands and chattels, to make and use a common seal, and to alter the
same at pleasure. Corporation
II. And be it further enacted by the authority aforesaid, to appoint a. That the said corporation shall appoint by ballot a treasutreasurer and secretary. rer and a secretary, tp continue in office during the plea
sure of the corporation ; that the treasurer shall keep fair and true accounts of all monies by him received and paid out, and that the secretary shall keep a fair journal of the meetings and proceedings of the corporation, in which the yeas and nays on all questions shall be entered, if required by any one of the regents present ; and to all the books and papers of the corporation every regent shall always have access, and be permitted to take copies of them.