Fire wardens. Exempt from military and jury duty. have the custody of the engine and other apparatus pertaining to the fire department, subject, nevertheless, to the paramount possession, authority and control of the president and trustees of said village. S3. The trustees shall be fire wardens, and shall have power, from time to time, to appoint such other fire wardens as they may deem necessary and proper, and to prescribe their powers and duties. S4. The firemen enrolled by virtue of this act, shall, during the time of their services as such, be exempted from serving on juries, and in the militia except in case of war, invasion or insurrection, and a service of five years as such firemen shall forever exempt them from Names to be jury and militia duties except as aforesaid. The name of each fireman so enrolled shall be registered with the clerk of said village, and the evidence to entitle him to the exemptions provided in this section shall be the certificate of the said clerk, countersigned by the president of the village. enrolled. Penalties. TITLE 7. MISCELLANEOUS PROVISIONS. $1. All actions brought to recover any penalty or forfeiture under this act, or the ordinances, by-laws, rules, resolutions or regulations made in pursuance of it, shall be brought in the corporate name of said village, and in such action it shall be lawful to declare or complain generally, for such penalty or forfeiture, stating the section of this act or by-law, rule or regulation, ordinance or resolution, under which the penalty or forfeiture is claimed, and to give the special matter in evidence. The Defendant defendant may plead or answer, denying generally the allegations declared or complained of, and give the special matter in evidence also. may plead. Process S2. The first process in any such action, brought before a justice of the peace, may be by summons or warrant, and execution may be issued immediately on the rendition of judgment. If the defendant in any such action has no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require, where it shall appear that it was for a second offense, the defendant to be imprisoned in the jail of Clinton county for a term, to be fixed by the said justice, not exceeding sixty days. S3. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant or freeholder in said village, in any action or proceeding in which the said village is a party interested. $4. All oaths or affidavits which are required or Oaths. authorized by this act, may be taken before the president of said village; but the president shall not be entitled to any fee for the administration of such oath. tions. S 5. All resignations of any officers under this act, Resigna shall be made to the board of trustees, subject to their acceptance. feitures and May pursuitable for village hall. chase lots building S6. All fines, forfeitures and penalties, and all moneys Fines, forreceived for licenses under this act, shall be paid to the penalties. treasurer of said village, and may be applied by said board of trustees to any purpose consistent with this act. S7. The village of Plattsburgh may, at any time, hereafter, purchase, have and hold such lot or lots, pieces or parcels of land as may be suitable and proper for erection thereon of a suitable building for a village hall, at a price not exceeding six thousand dollars, whenever a majority of the electors of said village liable to be assessed therefor, shall authorize such purchase at any annual election under this act; and when such purchase shall be made, to make, execute and deliver a bond of said village for the amount of said purchase money, and a mortgage on the lot or lots, pieces or parcels of lands so to be purchased, to secure the payment of said bond, which bond and mortgage, when duly executed and delivered, shall be a valid lien and incumbrance on said lot or lots, pieces or parcels of land, and which bond and mortgage may be made payable in annual installments of five hundred dollars, with interest on the whole amount of principal unpaid, such interest payable semi-annually; and the board of trustees of said village is hereby autho- May raise rized to raise, on the taxable property of said village such money by sum or sums of money as shall be required to pay the interest on said bond and mortgage, and said annual installments of the principal thereof, until the same shall be paid and satisfied; which sum or sums of money so raised by said trustees for the payment of said interest and said principal, shall be in addition to the sums autho tax. Special meetings. Board of health. Privileges and restric tions. Notices, how given. Statutes re· pealed. Assessments to pay liabili. ties of pres ent corporation. rized to be raised for the ordinary and contingent expenses of said village by section one of title four of this act, or for the purpose set forth in section one of title five of this act, and therein authorized to be raised. S8. Special meetings of the inhabitants of said village may be called by the same persons, and in the same manner as is provided for the calling of the annual meeting or election in this act. The said notice of said special meetings shall state the object of said meeting. $9. The president and board of trustees are hereby empowered to act as a board of health, at all times to guard against the introduction of any malignant or infectious disease, and adopt such measures as their judgment shall dictate, to secure cleanliness and purity of atmosphere in the streets and alleys, and to promote the sanitary condition of said village. $10. The said corporation shall possess all the privileges, and be subject to the restrictions contained in part one, title three, chapter eighteen of the Revised Statutes, as far as they are applicable to said corporation, and statutes inconsistent with the provisions of this act are hereby repealed. S 11. In such cases requiring the public notice to be given in this act, if no newspaper shall be published in the said village at the time, the same may be published by posting such notice in at least six of the most public places in said village. S12. All statutes now in force creating the corporation mentioned in the title of this act, and all statutes amendatory thereof, or which are contrary to or inconsistent with the provisions of this act are hereby repealed, but no statute heretofore repealed shall be revived thereby. S 13. All assessments necessary to be made to pay and discharge all the liabilities of the present incorporation known as the trustees of the village of Plattsburgh, shall be levied and collected from the same persons and property as if this act had not been passed, but in the manner herein prescribed for the collection of village assessments, but no vote of the taxable inhabitants shall be necessary. $ 14. This act shall take effect immediately. Chap. 276. AN ACT to alter the commissioners' map of the city of Brooklyn. Passed April 13, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sioners' SECTION 1. There shall be laid down on the commis- Commis. sioners' map of the city of Brooklyn, a street to be called map to be "Spencer place," which shall be a part of the commis- altered. sioners' map of said city. Said street shall be sixty feet in width, shall be parallel with, and two hundred feet distant westerly from Bedford avenue, and shall extend from Hancock street to Fulton avenue. street de. public SECTION 2. All that part of old Division street lying Canton between the north side of Myrtle avenue and the west clared a side of Canton street, in the eleventh ward of the city street. of Brooklyn, is hereby laid down on the commissioners' map of the city of Brooklyn, as one of the public streets of said city, and shall hereafter be a part of the commissioners' map of said city, and for the purpose of opening and grading, and paving said Division street, the common council of said city are hereby authorized to take such proceedings as they now are or may be authorized to take, in the opening and grading, and paving of streets and avenues in said city. S3. This act shall take effect immediately. Chap. 277. AN ACT to provide for the reduction of the capital stock of banking associations. Passed April 13, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: may SECTION 1. It shall be lawful for a banking association, Association now or hereafter to be organized, under the general reduce banking laws of this state, to reduce its capital stock to stock. an amount which shall be equal to the value of the pro Notice to dent to ex amine assets. perty and effects of such banking association, above and beyond all its debts and liabilities, and thenceforth the capital stock of such association shall be such reduced amount, and the par value of the shares thereof shall be reduced in the same proportion; but in no case shall such capital stock be reduced below one hundred thousand dollars, the amount now required by law for a banking association. $2. Whenever a banking association shall propose to superinten reduce its capital stock, according to the provisions of the first section of this act, due notice thereof shall be given to the superintendent of the banking department, signed by a majority of its board of directors, and accompanied by the written assent to such reduction, of at least two-thirds in amount of the shareholders of such Superinten association. It shall be the duty of the said superintendent, upon the receipt and filing of such notice, and within a reasonable time thereafter, to make or cause to be made an examination of its books, property, effects and liabilities; upon which examination the officers thereof may be examined on oath as to the debts, liaDetermine bilities, property and effects thereof. From the result of capital such examination the said superintendent shall determine the value, in his judgment, of such property and effects, above and beyond the debts and liabilities aforesaid, and certify the same in writing, and the amount so determined and certified, shall be thereafter the capital stock of such banking association, and the par value of the shares thereof shall be proportionably reduced. amount of stock. Expense to be paid S3. The expense of the examination herein provided by banker. for, by the superintendent of the banking department, or caused to be made by him, shall be paid by the banking association for whose benefit the application shall be made. Certificate to be recorded. S 4. The determination and certificate in writing, to be made by the said superintendent, of the amount to which the capital stock of any banking association has been reduced under this act, shall be recorded in the office of the clerk of the county in which such banking association shall be located, and a certified copy thereof filed in the bank department of the state of New York, Notice to be and the same shall be published by the said superintendent once a week for six weeks successively, in the state published. |