peal.

Right of ap. exceed the sum of three hundred dollars; And provided further, That if any person shall conceive him or herself aggrieved by any such apportionment as aforesaid, it shall be lawful for such person to appeal from the determination of such trustees to any three justices of the peace residing in the town of Whitestown, giving notice to the said trustees, or a majority of them, of such appeal, and of the time and place for determining thereon by such justices, who shall hear the same, and do therein what to justice shall appertain.

Preamble.

Bounds of the village of

TWENTY-THIRD SESSION. CHAP. LIV. An ACT to vest certain Powers in the Freeholders and Inhabitants of the Village of Newburgh.

Passed 25th March, 1800. HEREAS it has been represented to the legislature by the inhabitants of the village of Newburgh, that the existing laws are inadequate to answer the end

WH

of enabling them to regulate their interior police: Therefore,

I. Be it enacted by the People of the State of New-York, Newburgh. represented in Senate and Assembly, That the district of country contained within the following bounds, that is to say Beginning at the mouth of a brook or creek called Chamber's creek, thence westerly along the said creek as it runs to the southwest corner of a tract of land commonly called the German patent, thence along the west line of the said tract of land to the north line of a tract of land commonly called the Glebe land, thence along the north line of the last mentioned tract of land easterly to the Hudson's river, and continuing the said course to the east bounds of the county of Orange, thence southerly along the east bounds of the said county until an east line from the mouth of Chamber's creek aforesaid shall intersect the last mentioned line, and thence to the place of beginning, shall hereafter be known and distinguished by the name Trustees how of the village of Newburgh; and the freeholders and inhabitants who are qualified to vote at the town meetings, who may from time to time reside within the aforesaid limits, may on the first Tuesday of May next, meet at some proper place to be appointed by any justice or justices of the peace within the said village, and notified to the inhabitants thereof at least one week previous to the said first Tuesday of May, and then and there proceed to elect seven discreet freeholders resident within the said village to be trustees thereof, who when chosen shall possess the several powers and rights herein after specified, and such justice or justices shall preside at such meeting

chofen.

and shall declare the several persons having the greatest number of votes as duly chosen trustees; and on every first Tuesday of May after the first election of the trustees, there shall in like manner be a new election of trustees for the said village, and the trustees for the time being shall perform the several duties required from the said justice or justices in respect of notifying the meeting of the freeholders and inhabitants of the village, and presiding at such election.

Freeholders

and inhabitants a body corporate, the corpora and style of

tion.

II. And be it further enacted, That all the freeholders and inhabitants residing within the aforesaid limits be and they are hereby ordained, constituted and declared to be, from time to time and for ever hereafter, one body politic and corporate, in fact and in name, by the name of the trustees of the village of Newburgh; and by that name they and their successors shall and may have perpetual succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, in all manner of actions, complaints and causes whatsoever; and that they and their successors may have a common seal, and may change and alter the same at pleasure, and shall be in law capable of purchasing, holding and conveying any estate, real or personal for the use of the said village, and of erecting public buildings, such as fire-engine-house or houses, of raising money by tax for erecting those public buildings, or making any other necessary repairs or improvements; which money so to be raised shall be assessed upon the freeholders and inhabitants of the said village according to law, by not less than three, nor more than five judicious assessors, who shall be freeholders in said village, to be by the freeholders and inhabitants of the said village qualified to vote at town meetings chosen at their annual meetings, and collected by the collector of the corporation in like manner as the taxes of towns and counties are collected, by virtue of a warrant to him directed by a majori ty of the trustees; Provided nevertheless, That no tax shall provifo. be levied, or monies raised, assessed or collected, for erecting such public buildings, or making any other necessary repairs or improvements, no purchase or sale of any real estate, no public buildings erected or disposed of without the consent of the freeholders and the legal voters of the said village, or the major part thereof, in open meeting, duly notified therein, assented to and voted.

Further pow

truftees.

III. And be it further enacted, That it shall and may be lawful for the trustees of the said village, or the major ers of faid part of them, by this act to be chosen, and for their successors in office for ever, from and after the first Tuesday in May next, to make, ordain, constitute and publish such prudential bye-laws, rules, and regulations as they from

Previfo.

Expense of paving the ftreets how affeffed and collected.

Fines how to.

time to time shall deem meet and proper, and such in particular as are relative to public markets within the said village, relative to the streets, alleys and highways of the said village, and draining, filling up, paving, keeping: in order and improving the same, relative to slaughterhouses and nuisances generally, relative to a town watch and lighting the streets of the said village, relative to the number of taverns or inns to be licensed in the said village,. relative to the restraining geese, swine or cattle of any kind, relative to the better improving their 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 byelaws shall extend to the regulating or ascertaining the prices of any commodities or articles of provision (except the article of bread) that may be offered for sale; Provided always, That such bye-laws be not contrary to or inconsistent with the laws and statutes of this state or of the United States.

IV. Provided always, and be it further enacted, That any monies to be raised for paving any street or streets shall be assessed, levied and collected in a just and equitable manner, of and from the owners or occupants of all the houses and lots adjoining such street or streets so to be paved, in proportion as nearly as may be to the advan tages which each shall be deemed to acquire respectively, any thing in this act to the contrary notwithstanding.

V. And be it further enacted, That the said trustees, or be recovered. the major part of them, as often as they shall make, ordain and publish any such bye-laws for the purposes aforesaid, may make, ordain, limit and provide such reasonable fines against the offenders of such laws as they may think proper, the same 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, with costs of suit, by the trustees, to and for the use of said corporation.

Trustees to

affife of bread

VI. And be it further enacted, That it shall and may regulate the be lawful for the trustees of the said village of Newburgh, or the major part of them, and their successors, at any time after the first Tuesday in May next, to make, ordain, constitute and publish a bye-law, prohibiting any baker or other person within the aforesaid limits from selling any bread at any higher price or rate than bread of the likequality at the time of snch sale shall be assised 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 by the said trustees before any justice of the peace residing in the said village or county of Orange, in an action of debt, with costs of suit, for the use of the said corporation.

to be chofen.

VII. And be it further enacted, That the freeholders Corporation and inhabitants of the said village of Newburgh, qualified officers how to vote at town meetings, at their annual town meetings on the first Tuesday in May in every year hereafter to be held for choosing trustees, or at any other meeting du ly notified, shall and they are hereby authorized 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 persons having the greatest number of votes for such offices respectively, shall be deemed to be duly chosen ; and in case a vacancy Vacancies should happen by the death, removal out of the said vil- how supplied. lage, refusal or incapacity to serve of any 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 freeholders and inhabitants of said village as above mentioned.

VIII. And be it further enacted, That the said trustees, treasurer, collector, assessors and fire-wardens, shall within ten days after each and every election, and before they proceed to the exercise of their several offices, respectively take and subscribe an oath or affirmation before any justice of the peace in the said village or county, for the faithful execution of the trust or office to which they may be severally chosen or appointed.

IX. And be it further enacted, That the treasurer and collector hereafter to be elected, shall before they enter upon the execution of their respective offices, respectively give such 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.

X. And be it further enacted, That if any of the inhabitants of said village, qualified as aforesaid, shall here after be elected or appointed a trustee, or to the office of assessor or fire-warden, and having notice of said election shall refuse, deny, delay or neglect to take upon him or them to execute such trust or office to which he or they shall be elected, then and as often as it shall happen, it shall and may be lawful for the trustees, or the major part of them, to assess and impose upon every such person or persons so neglecting, delaying or refusing, such reasonable fine or fines as they the said trustees, or the major part of them, may think fit, so as such fine for each refusal, denial, delay or neglect shall not exceed the sum of twenty dollars; all which said fines shall and may be recover

officers of faid corpora tion refpectively to take

an oath.

Treasurer and

collector to give fecurity.

officers elect ed and refufing to act how to be

dealt with.

Trustees au

thorized to profecute, and how to proceed.

Trustees to

fident.

His powers.

ed by action of debt, before any justice of the peace in the said county of Orange, or court having cognizance of the same to be prosecuted, recovered and received by the said trustees, with costs of suit, to and for the use of the said corporation; that in all cases where the trustees of the village of Newburgh are authorized, empowered or required to sue or prosecute for any debts, penalties, fines or forfeitures by virtue of this act, it shall be deemed sufficient for the said trustees for the time being, in any suit or action to be brought for any such debts, penalties, fines or forfeitures, to declare generally that the defendant or defendants is or are indebted to the trustees of the village of Newburgh in the amount of such debt, penalty, fine or forfeiture by virtue of this act, to be paid to the said trustees for the time being, when thereunto required, and under such declaration to give the special matter in evidence.

And whereas, It is necessary for the good order and govchoose a pre ernment of the said village, that it should be more particularly the 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 trustees whenever he may find it for the interest of the village so to do, to receive complaints of the breach of any bye-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: byelaws, 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, and 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 by the bye-laws of the said corporation.

Duty of the

collector and treasurer.

XII. And be it further enacted, That the collector shall within such time as shall hereafter be provided for by the