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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 ascertaining 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.

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 purposes aforesaid, 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.

V. And be it further enacted, That it shall be lawful for the trustees of the said village of Poughkeepsie, or the major 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 by the said trustees before any justice of the peace residing in the said village or within the county of Dutchess, in an action of debt with costs of suit for the use of the said corporation.

VI. And be it further enacted, That the freeholders and inhabitants of the said village of Poughkeepsie, qualified to vote at town meetings, at their annual meetings in every 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 persons having the greatest number of votes for such offices respectively, shall be deemed to be duly chosen; and in 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

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same penalties and restrictions as if elected by the freeholders and inhabitants of said village as above mentioned. VII. And be it further enacted, That the trustees, treasurer, collector, assessors and fire-wardens shall within ten days after 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 within the county of Dutchess, for the faithful execution of the trust or office to which they may be severally elected.

Truflees and

other officers

to take an

oath.

and collector

VIII. And be it further enacted, That the treasurer and Treasurer collector hereafter to be elected, shall before they enter to give fecuupon the execution of their offices, respectively give such rity. 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.

to be

warden liable

IX. And be it further enacted, That if any one of the Perfons re inhabitants of said village, qualified as aforesaid, shall truftee, affefhereafter be elected or chosen a trustee, or to the office for or fire. 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 affeffed 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 delage of Poughkeepsie are authorized or required to sue or 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 Poughkeepsie 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 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

clare in fuits by the trustees

Trustees to fident.

choole a pre

His duties.

Duty of the collector.

Monies how to be applied.

Truftees to account.

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, 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 for by the bye-laws of the said corporation.

XI. And be it further enacted, That the collector shall 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 ordered to be raised, collect and pay the same to the treasurer; and that all monies which may at any time be in 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 freeholders and inhabitants of said village.

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 Compenfation thereof out of any monies in the treasury; and that the rer, collector treasurer, collector, and assessors shall be paid for their sevand affeffors. 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.

to treafu

Firemen ex

empted from ferving on ries or in the

militia.

Provifo.

XIII. And be it further enacted, That the firemen who may at any time hereafter be appointed in the said village, and each and every of them, shall be exempted from serving as jurymen, or in the militia of this state except in cases of the actual invasion of this state or insurrections therein; Provided, That the number of firemen shall not exceed twenty.

real eftate out of the village.

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 estate whatsoever not lying or being within the limits of the said corporation.

University.

TENTH SESSION. CHAP. LXXXII.

An ACT to institute an University within this State, and for other Purposes therein mentioned,

WH

Passed 13th April, 1787.

HEREAS by two acts of the legislature of the state Preamble, 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, University 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- Regents vernor, lieutenant-governor, and John Rodgers, Egbert named. Benson, Philip Schuyler, Ezra L'Hommedieu, Nathan Carr, Peter Sylvester, John Jay, Dirck Romeyn, James Livingston, Ebenezer Russell, Lewis Morris, Matthew Clarkson, Benjamin Moore, Eilardus 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

VOL. II.

E e

Regents.to choose a chan

chancellor,

Who fhall prefide at their meet

ings.

To appoint meetings.

the manner in which delegates to congress are appointed: 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 governor shall appoint and by plurality of voices by ballot choose a chancellor and vice-chancellor, to continue in office during the pleasure of the said regents; that the said chancellor, or in his absence from the said meeting the 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 or appointed) shall preside, and in case of division have a casting voice at all meetings of the said regents; that all meetings of 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 order 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 meeting at the time and place so ordered shall be a quorum, and be enabled to transact and do the business which by this act they shall be authorized or directed to do and transact; that the said university shall be and hereby is incorporated, 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.

to make a quorum.

University incorporated.

Corporation

fecretary.

II. And be it further enacted by the authority aforesaid, to appoint a That the said corporation shall appoint by ballot a treasurer and a secretary, to continue in office during the pleasure 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.

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