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Elections, § 6. The trustees shall be inspectors of election; and the president how con of the village, and in his absence one of the trustees, shall preside at all elections, and in case no trustee or the president shall be present, Duty of the electors present may appoint a chairman to preside. The presid present ing officers at such elections are authorized to preserve order, to judge of the qualifications of electors, canvass the ballots and declare the persons elected by the greatest number of votes and shall file such statement forthwith with the clerk of the village, who shall thereupon notify the several officers of their elections.



cies, how filled.

Oaths of office.

President, his


§ 7. If any vacancy shall happen in any elective office in said vi lage, the board of trustees may appoint an elector of the village to fil such vacancy, except for the vacancy of president of the said village, which shall be filled by a special election of the electors of said village, called by the trustees for that purpose. All persons appointed by the trustees to fill a vacancy in the elective office shall hold the office till the next annual election, and the election and qualification of a suc-;


§ 8. Every person who shall be elected or appointed to any office! shall, before he enters upon the duties thereof, take and subscribe the oath required by the Constitution of the State, which oath shall be filed with the clerk of the village and may be taken before and certified by any officer authorized to administer oaths.

§ 9. It shall be the duty of the president to preside at the meetings duties and of the trustees, to call special meetings whenever he shall think proper, to receive complaints of any breach of the by-laws, rules, regulations and ordinances, and to see that the by-laws, rules and ordinances are faithfully executed and observed, and to prosecute in the corporate name of the village for all offenses against the same.

Clerk, his duties, etc.


bond of


§ 10. It shall be the duty of the clerk of said village to keep the books, papers and records belonging to said corporation; to record in a book to be provided for that purpose, the rules, votes, orders, regulations and proceedings of the inhabitants at their annual and special meetings, and also all the by-laws, votes, ordinances and proceedings of the board of trustees; to notify officers of their election or appoint ment as soon as may be after their election or appointment, and to perform such other duties as the trustees may require of him from time to time, and the said trustees may allow to him such compensation as they may deem proper.

§ 11. The treasurer and collector, and each of them, shall, before treasurer they enter upon the duties of their respective offices, execute a bond to and col. the village by its corporate name, in such sum and with such sureties as the trustees shall approve, conditioned that they shall faithfully execute the duties of their respective office; and account for and pay over all money received by them respectively according to law, which bonds, with the approval of the trustees indorsed thereon, shall be filed with the clerk of said village.




ties and


§ 12. The treasurer shall receive all moneys belonging to the said viler, his du lage, and shall pay out, when lawfully required to do so, in pursuance of an order of the trustees, and only on such orders signed by the clerk and countersigned by the president of said village, all moneys belonging to said village, and he shall keep accounts of all such money so received and paid out, and shall preserve all vouchers filed in his office. He shall so keep his accounts as to show when and from what source all moneys paid to him shall have been received, and when and to whom and for what purpose all money paid out by him shall have been paid; and when any money shall be raised by tax in said village for

any specific purpose, by a vote or resolution of the electors thereof, shall be directed to be applied to any specific purpose, the treasurer shall keep a separate account in respect to such money, which shall show the amount thereof received by him for such specific purpose, and when and to whom any portion thereof shall have been paid, and he shall not pay out any money in pursuance of an order from the trustees from any such special fund, unless such order shall designate the fund from which such money shall be paid, and he shall exhibit and report to the Annual trustees once in each year, and oftener, as may be required by the account. trustees, a full account of the receipts and expenditures, and also the state of treasury.


tion of

§ 13. Whenever money shall be raised by tax in said village for any Specific specific purpose, it shall not be applied to any other purpose without applica such a vote directing such application as was required to authorize the tax, etc. raising thereof; nor shall any money belonging to said village derived from other sources than such tax be applied to any purpose whatever without such a vote directing its specific application.

of orders

§ 14. The clerk shall keep an accurate account under the appropriate Account heads of expenditures, of all orders drawn on the treasurer in a book drawn. to be kept by him for that purpose.


§ 15. All proceedings of the board of trustees shall be published by Trustees" them monthly in a newspaper published in said village of Homer. ings. § 16. All justices of the peace residing within the limits of the said Police village shall have the powers of a police justice.


§17. The trustees may appoint any constable or other person living Police within the limits of said corporation a police constable.


and spe


§ 18. The board of trustees shall meet at such places within said Stated village and at such times as they shall by resolution direct. They may cial meetalso meet at any time and in any place within the said village when ings of called upon for that purpose by the president, or notified by the clerk, and the clerk shall call special meetings of the board of trustees at any time on the written request of any two of the trustees.

of board.

§ 19. The president, when present, shall preside at the meetings of President the board of trustees, and shall have, on all questions, a casting vote only. In the absence of the president, any one of the trustees may be appointed chairman for the time. A majority of the board shall con- Quorum. stitute a quorum for the transaction of business.


§ 20. The trustees shall have the management and control of the Trustees, finances, and all the property, real and personal, belonging to the said and ducorporation, and shall have power and authority within said village, to ties of. make, ordain, enact, establish, publish, modify and amend and repeal rules, regulations, ordinances and by-laws, for the following purposes:

1. To prevent vice and immorality, to preserve peace and good order, To pre to prevent and quell riots and disorderly assemblages.

vent vice, riots, etc.

2. To establish and maintain a police and prescribe their powers and Police. duties.

and dis


3. To restrain, suppress and prohibit disorderly, drinking, tippling Gaming and gaming houses, to destroy instruments and devices used for gaming; orderly and to prohibit all gaming and fraudulent devices within said village. houses. 4. To prohibit, restrain and regulate all exhibitions of any natural Caravans, or artificial curiosities, caravans of animals, theatricals and other shows etc. and exhibitions, circuses or other performances or exhibitions for money or hire, and to authorize the same on such terms as the trustees shall deem expedient.

5. To suppress and restrain houses of ill-fame, billiard tables, bowling Bowling alleys and pistol galleries.



and ordi

nances, enforcement of.

§ 23. The said trustees shall have power to enforce all provisions of this act, and rules, regulations, ordinances and by-laws, by them enacted or ordained, in pursuance of the powers conferred upon them by this act, by enacting or ordaining penalties to be incurred for each and every violation of the same, not to exceed one hundred dollars for any one offense, to be recovered with costs, in an action in the corporate name of said village, in any court having cognizance thereof; and no person shall be deemed incompetent either as justice, judge or juror or by reason of his being an inhabitant of said village, upon any trial disquali for the recovery thereof, and the said trustees may employ an attorney fled. or attorneys for the prosecution of any offenders of the ordinances passed by said board of trustees of said village, in pursuance of this

Jurors, justices,

etc., not


for vil



and ordi

nances, publication of,


Fines re


how disposed of.

Fire engines and apparatus.

Village lock-up.

Board of health.

Firemen, appoint

ment of.

Jury, military and


§ 24. Every such rule, regulation, ordinance or by-law, imposing any penalty or forfeiture for the violation of its provisions, shall take effec at such time after the passage and publication thereof as shall be therein provided, and shall be published at least two weeks successively in a public newspaper printed and published in said village, or by affixing notices thereof at seven public places in said village, for at least two weeks, and proof of such publication by the affidavit of the printer or publisher of said newspaper, or of the proof of affixing the notices, taken before any officer authorized to administer oaths, shall be filed with the clerk of said village; and such affidavit, or a copy thereof, certified by the clerk, under the seal of the village, shall be sufficient evidence of the legal publication and promulgation of such rule, regu lation, or ordinance, or by-law, in all courts and places; such publication may also be proved by any other competent evidence. Any action that may be brought to recover any such penalty or forfeiture, that shall be brought before any justice of the peace, may be commenced by warrant. All expenses incurred in prosecuting for any penalty or forfeiture shall be defrayed by the corporation, and all moneys recovered or collected therefor shall be paid into the treasury of said village for the use of the corporation.

§ 25. The trustees shall have power to procure fire engines and other apparatus for the extinguishment of fires, and have the charge and control of the same, and to provide fit and secure engine-houses and other places for keeping and preserving the same.

§ 26. The trustees shall have power to erect or procure and maintain a lock-up, or designate a place for the detention of persons arrested under this act, or under any by-law, rule or ordinance, and to confine such persons therein.

§ 27. The trustees shall appoint a board of health in accordance with chapter two hundred and seventy of the laws of eighteen hundred and eighty-five.

$28. The firemen shall be appointed to the different companies in said fire department as the trustees shall direct, but any such appoint ment shall be subject to the approval of the trustees, and made with their consent.

§ 29. The members of the fire department of said village shall, durpoll-tax ing the term of their service as such, be exempt from serving on juries tion. in all courts, and in the military, except in cases of war, invasion or insurrection, and shall also be exempt from poll-tax.


Chief and assistant

§ 30. The members of the fire department shall have power to elect engineers. at such times and in such manner as the trustees of the village shall direct, a chief engineer, and one or more assistant-engineers of the fire department, whose election shall be subject to approval by the trustees,

and who may be removed by said trustees for incapacity, neglect of duty, or misconduct.

§31. The chief engineer and assistant engineers shall have the Control of direction and control of the fire department, subject to the by-laws and depart regulations of the board of trustees.



tion of

$32. The said village shall constitute one highway district, and the Village a powers and duties of commissioners and overseers of highways are district. devolved upon and shall be exercised by the trustees of said village, subject to the provisions hereinafter contained; and the jurisdiction of Jurisdicthe commissioners and overseers of highways of the town of Homer town comwithin the limits of said village and over the taxable property, corpora- missiontions and banking associations and property therein, and the taxes gated. levied, or to be levied, on the same, or any of them, or any part thereof, is hereby abrogated.

ers abro

tendent of


office and

$33. The trustees shall have power to appoint a superintendent of Superinhighways for said village, who shall hold his office during the pleasure highways. of the trustees; he shall possess all the powers and perform all the duties which overseers of highways possess and may perform; he shall His pow be subject to the directions and control of the trustees and to such penalties as may be by them imposed upon him for any violation of any ordinance of said trustees; he shall, before he enters upon the discharge of his duties, take and subscribe the constitutional oath of Oath of office, which oath may be taken and certified by any officer authorized official to administer oaths, and shall be filed with the clerk of the village; bond. he shall also, before entering upon the discharge of his official duties, give a bond to the said corporation, with sufficient sureties, to be approved by the trustees, conditioned for the faithful performance of his duties and for all damages resulting from negligence in obstructing the streets while engaged in building or repairing sidewalks, or working upon the highway, and for accounting for all moneys that may How come into his hands and paying the same over to the treasurer, which proved bond, with the approval of the trustees thereon indorsed, shall be filed with the clerk of said village.

and filed.



$34. The said trustees shall have power to make, maintain, keep in Sewers, repair, and from time to time cleanse all necessary drains, ditches and etc., powsewers in the streets and alleys of said village, defray the expenses ers of thereof out of the highway fund; they shall also have jurisdiction as to. and control over the drains, ditches and sewers within said village, whether in or upon the streets and alleys thereof, or elsewhere, and may in their discretion cause the same or any of them, or any part thereof, to be kept in repair, and from time to time cleansed, and the expense thereof paid out of the highway fund. They may also, in Expense their discretion, require the owners or occupants of any lands or lots thereof, within said village, wherever any such drain, ditch or sewer, or any sessed in part thereof is or shall be situated from time to time, to repair and cleanse the same upon their respective premises, as shall be directed by the trustees, and in default thereof said trustees may cause it to be done and assess and collect the expense thereof in the name of the corporation of said village from such owner or occupant.





$35. The trustees shall have power to level and grade the streets and Streets alleys of said village, to build sidewalks, establish and alter the grades and side. thereof, and to cause said streets and alleys to be in conformity to such grades, as the said trustees shall prescribe. To keep the roads, avenues, streets, sidewalks, laues, public buildings and public places of the said Public village in good order and repair, to prescribe the width and line of buildings.


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37. The value of taxable property upon which all such sums of money are to be raised for the expenditures of said corporation, shall be ascertained, as far as possible, from the last assessment-roll of the town of Homer, and when the same cannot be so ascertained from the last assessment-roll, the trustees shall supply the deficiency by their OWN ASSORBITent as to real estate. And when any such deficiency is to be supplied the said trustees shall confer with the owner or occupant

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