After the lapse of about
thirty years from the time of the first improvement within the limits proper
of Penn Yan, the village was found to contain a sufficient population to
justify its people in assuming municipal character. In fact such course
became necessary in order that certain established interests might be protected;
that there might be regulated its internal police; that a fire department
might be established and controlled, and that necessary improvement be made
without first obtaining the sanction and consent of the town of Milo, the
people of which town were not willing that their moneys should be appropriated
to uses or improvements from which they derived no substantial benefit.
To accomplish this end the citizens of the village caused to be presented
to the State Legislature a bill which was enacted into law on the 29th of
April, 1833. The enacting clause was as follows:
"All that district
of country hereinafter described shall be known and distinguished by the
name of the 'VILLAGE OF PENN YAN' that is to say, all that part of the town
of Milo, and all that part of the town of Benton, in the county of Yates,
bounded as follows: Beginning at the northeast corner of lot No. 37, township
No. 7, first range, thence south 21 1/2 degrees east, 60 chains, 50 links,
to the northwest side of the highway leading by Samuel Gillett and Robert
Shearman's to the Crooked Lake; thence along the northwest side of the highway,
south 16 1/2 degrees west, 15 chains; thence 38 degrees west, 2 chains to
the north side of Gillett Street; thence on the north side of the highway,
south 59 degrees west, 27 chains, 42 links; north 21 1/2 degrees west, 26
chains to the south side of lot No. 37; thence along the west line of said
lot. north 3 degrees, 27 minutes east, 64 chains to the town line between
Benton and Milo aforesaid; thence along said town line south 80 degrees
east, 1 chain, 25 links, to the southwest corner of lot No. 64 in township
No. 8, first range; thence along the west line of said lot, north 3 degrees,
east 24 chains and 25 links; thence south 87 degrees east, 49 chains; thence
south 3 degrees west, 24 chains, 50 links, to the place of beginning."
The second section of
the act declared that "the inhabitants of said village shall be a body
corporate by the name of 'Trustees of the Village of Penn Yan.'"
The first annual meeting
was provided to be held on the first Monday of June next  at the court-house,
at which time the voting population were authorized to elect five trustees,
one clerk, one treasurer, three assessors, one collector, one police constanble,
and five fire wardens.
The seventeenth section
of the act divided the village into three fire districts, viz.: District
No. 1, to include all that part of the village lying north of Court Street;
No. 2, to include all the village lying south of Court Street ... and north
of the Outlet; No. 3, to include all that part of the village lying south
of the outlet....
The officers chosen
at the election above referred to were as follows: Trustees, Abraham Wagener,
Roderick N. Morrison, Russell R. Fargo, Morris F. Sheppard and John Brooks;
assessors, Eben Smith, John W. Squier, Edward J. Fowle; clerk, Henry Eno.
The whole number of votes cast at the election was 252. Abraham Wagener
was elected president of the board of trustees....