A plurality of votes shall in all cases decide the election. 6. In case such officers or any of them shall not be chosen on the day herein appointed for the same, the corporation shall not thereby be dissolved, but vacancies in Special Elec- the office of President and trustees shall be filled at a special election by the voters of the village, and vacancies in all other offices by appointment by the trustees.

tions.

Tenure.

Oaths.

Bonds.

Presidents du.

ty.

Clerk's duty.

Moneys.

§ 7. All of said officers shall hold their offices until the first Monday of April next after their election, and until others are elected and qualified in their stead.

§ 8. Every officer elected under this act before he enters upon the duties of his office and within ten days after his election shall take an oath faithfully to discharge the duties of his office, and support the Constitution of the United States, and the laws of this Territory.

§ 9. The Treasurer and Constables before they enter upon the duties of their office, shall severally give bonds to the Trustees, in such sum with such conditions, and with such sureties as said trustees or a majority of them shall direct.

§ 10. It shall be the duty of the President to preside at all meetings of the trustees, to see that all by-laws and ordinances are duly observed, and to prosecute all suits which may be necessary in the name of the corporation.

§ 11. It shall be the duty of the clerk to keep a record of the doings of the board of trustees, especially of the passing of by-laws, ordinances and regulations, and also a faithful record of all the doings and votes of the inhabitants of said village at their annual and other legal meetings, and to keep on file all papers which may be ordered by the trustees. The records kept by the clerk shall be evidence in all legal proceedings, and copies of all papers duly filed in his office, and transcripts from the records of proceedings of the board of trustees certified by him under the corporate seal shall be evidence in all courts of the contents of the same.

§ 12. The Treasurer of the said village shall receive all moneys which may be collected for the use of the Corporation by virtue of this act or by virtue of any by-law or ordinance of the Corporation, or which may arise from any other source and belong to the corporation and give to the person paying the same his receipt therefor. All moneys shall be drawn from the Treasury by warrants signed by the President by order of the trustees and coun

tersigned by the Clerk, who shall keep a copy thereof, which warrant shall set forth for what purpose the amount specified therein is to be paid. And the said Treasurer shall pay out the funds of the said corporation in no other way, whatsoever; he shall keep just and accurate accounts of all Keep accounts moneys and other things coming into his hands as Treasurer, in a book to be provided by the corporation for that purpose, which shall remain the property of said corporation wherein he shall note the time when the persons from whom the amount of the several sums received, and the source from whence the said sums respectively arose, and in a manner equally accurate and specific, in the same book he shall duly enter an account of all sums paid out, which book shall at all reasonable times be open to the inspection of the voters of said village. He shall as often as they shall require, render to the board of trustees a minute account of all his receipts and payments. § 13. The constables elected under this act shall have the same powers as constables elected in towns.

§ 14. The trustees shall have the following powers, to Constables.

wit:

1. To have a common Seal and to alter the same at Trustees to pleasure:

have seal.

II. To purchase, hold, or convey any estate, real or Real estate. personal for the use of the corporation :

III. To make, open, keep in repair, grade, improve Streets, Alleys or discontinue streets, avenues, lanes, alleys, sewers &c. bridges and sidewalks, to keep them free from incumbrances and to protect them from injury:

nies.

ets.

IV. To organize fire companies, and hook and ladder Fire compa. companies, to regulate their government, and the times and manner of their exercise, to provide all necessary apparatus for the extinguishment of fires, to require the owners of buildings to provide and keep suitable ladders and fire Ladders, buck. buckets which are hereby declared to be appurtenances to the real estate, and exempt from seizure, distress or sale in any manner, and if the owner refuses to procure suitable ladders or fire-buckets after reasonable notice, the trustees may procure and deliver the same to him, and in default of payment therefor may bring an action of debt against said owner, and be entitled to recover in such action, the value of such ladders, or fire buckets, or both with costs of suit, to regulate the storage of gun- Gan powder. powder, and other dangerous materials, to direct the safe

construction of buildings for the deposite of ashes, and severally to enter into, or appoint one or more officers to Examine bail- enter into at all reasonable times, and examine all dwelling dings. houses, lots, yards, enclosures and buildings, of every description in order to discover whether any of them are in a dangerous condition, and to cause such as may be dargerous to be put into a safe condition, to compel the owners of houses and buildings to have scuttles on the roofs of said houses and buildings, to regulate the manner Stove pipes. of putting up stoves and stovepipes, to prevent fires, and the use of fire-works and fire-arms within the limits of the said village, to compel the inhabitants of said village to aid in the extinguishment of fires, and to pull, break down and raze such buildings in the vicinity of fire as shall be directed by the trustees or any three of them who may be present at a fire, for the purpose of preventing its communication to other buildings, and any building so destroyed shall be paid for by the corporation, to construct and preserve reservoirs, pumps, wells and other waterworks, and to regulate the use thereof, and generally to establish such other measures of prudence for the prevention or extinguishment of fires as they shall deem proper:

Pull down building.

Nuisance.

Animals.

Trees, &c.

V. To clear out and remove vegetable matter and nuisances from the races, outlets and other waters in said village, and prevent their accumulation in said waters and generally to take such other measures for the public health as they shall deem proper:

VI. To prevent, remove or abate nuisances:

VII. To restrain the running at large of cattle and all other animals, to establish pounds and appoint pound masters and fence viewers, and prescribe their powers and duties:

VIII. To protect trees and monuments in said village: IX. To purchase, hold, inclose, lay out, ornament Burial ground, and regulate a burial ground in said village, and to sell lots therein and regulate the burial of the dead:

Markets.

Gambling.

X. To establish and regulate markets and restrain sales in the streets, to establish and regulate a public scale and appoint a weigher to attend the same, to regulate the place and manner of selling hay and other grass commodities:

XI. To suppress disorderly and gaming houses and devices for the purpose of gambling;

XII. To call regular and special meetings of the voters of said village:

XIII. To prescribe the compensation of all officers of the Corporation except their own:

XIV. To tax every male resident of said village above Poll tax. the age of twenty-one years, and under the age of fifty-five years, two days labor, or in lieu thereof two dollars to be appropriated in improving the roads and streets of said village, under the direction of such persons as they may appoint.

XV. Upon the application of the owners of two thirds. of the lots on any street or on one side of any block, to levy and collect a special tax on the owners of the lots on such street or part of street according to their respective parts for the purpose of making a cross walk or a side Side-walks. walk along the same.

XVI. To organize school districts in said village, to receive the money coming from the town or county for the benefit of the scholars in said village, and generally to have full control over all public schools in said village and to take such measures for the benefit of public instruction as they may deem proper.

Schools.

XVII. To make, pass, ordain and establish such by-By-laws and laws, ordinances and regulations not repugnant to the Ordinance. laws of this Territory, or to the laws and constitution of the United States, for the purpose of carrying into effect the provisions of this act, as they may deem proper, but no such ordinance or by-law shall take effect until the same shall have been published three weeks successively and to repeal or amend the same at pleasure.

§ 15. The said trustees, as often as they shall make or publish any by-laws, regulations or ordinances, may ordain and provide such reasonable fines, forfeitures and pen- Fines how colalties upon the offenders against any such by-laws, regu-lected. lations or ordinances, as they shall deem proper, not exceeding twenty dollars for any one offence, to be prosecuted and recovered before any Justice of the Peace or court having cognizance of the same, in the name of the corporation, to and for the use of the corporation, and in any such action it shall be lawful to declare generally in debt for such penalty or forfeiture and to give the special matter in evidence, and the defendant may plead the gen- Pleadings. eral issue and give the special matter in evidence. All expenses incurred in prosecuting for the recovery of any

Proof of no

tice.

Ordinance

penalty or forfeiture, shall be defrayed by the corporation, and all penalties and forfeitures, when collected shall be paid to the Treasurer for the use of the village, also to remit such fines or penalties or any part thereof.

§ 16. The affidavit of the printer of the publication of any by-laws or ordinances, or the affidavit or oath of the Clerk of the corporation of the putting up notices, by-laws, or ordinances as required by this act shall be sufficient proof in all courts and elsewhere that such by-laws, notices and ordinances were properly published or posted up.

§17. Whenever by this act the publication of any bylaw or ordinance is required, the same shall be published in a newspaper printed in said village, if there be one, for how published three weeks successively; if there be no newspaper, then the same or copies thereof shall be posted up by the clerk in three public places in said village three weeks, which shall be sufficient publication.

Quorum.

§ 18. Any three of said trustees shall be a quorum for the transaction of all business, but no by-law or ordinance shall pass unless three of said trustees concur therein. Competency. § 19. No person shall be an incompetent Judge, Justice, witness or juror, by reason of his being an inhabitant or freeholder in the said village, in any action or proceeding in which said village is a party or interested.

Who exempt.

Finance.

§ 20. Every inhabitant of said village belonging to any fire company, or hook and ladder company therein, shall be exempt from serving on Juries, and from doing military duty except in case of war, invasion or insurrec

tion.

§ 21. It shall be the duty of the trustees, before the annual election, to publish a full and correct statement in detail, of the receipts and expenditures by said trustees for said village, during the past year.

§ 22. The following property shall not be taxed by virtue of any law or ordinance adopted by the authority of said village of Geneva, namely the property of the Not taxable. United States, of this territory, of Walworth county, of said village, and of all incorporated literary, benevolent, charitable and scientific institutions, every public library, school house, and house for public worship, every academy or other seminary of learning, and the lots on which any of such buildings are situated, and all property which is by law exempt from sale on executions.

§ 23. All property, real and personal, within the limits