Costs may

be awarded.

Avenues,

streets, &c.

Improvements when to be made.

ceeded upon, and the said report again disposed of, in the manner directed by this section; and as often as any such report shall be referred back for revision and correction, the like proceedings shall be thereupon had, as, are provided in this section, upon a first reference back to the said commissioners. In cases, however, where the said court can, from the nature of the case, and shall direct specific alterations to be made therein, and such alterations shall be made in its presence, or during the same term, they may thereupon absolutely confirm the said report without further notice.

$9. The court to which any such report shall be presented for confirmation, shall have power, in their discretion, to award costs against the appellant, in cases where the appeal shall not be prosecuted or sustained.

$10. In laying out avenues, streets, roads and highways, in pursuance of the preceding sections, the president and trustees shall have regard to the streets and highways already laid out in the other parts of the said village, by law, or designated upon the village map heretofore made in pursuance of an act of the legislature of this state, so as to make the same conform thereto as far as may be practicable and consistent with the public convenience, to the end that uniformity may be produced, and the permanent interests of the said village consulted, in laying out the streets and avenues thereof.

$11. After the reports of the commissioners shall be confirmed, the said reports shall be delivered to the president and trustees of the said village, who shall be thereupon authorised to cause such improvement to be made. At any time within the space of sixty days next after the confirmation of the said report, any person from whom any assessment contained therein may be due, may pay the amount thereof, without any additional expense for collection, to the treasurer of the said village. All such assessments which shall be unpaid at the expiration of that period, shall be collected by the village collector, upon the warrant of the president and trustees, under the corporate seal, attested by the clerk, which shall authorize the said collector in case of refusal or neglect on the part of the person or persons liable therefor, to pay the same, to levy the same by distress and sale of his, her or their goods and chattels to be found in any part of said village. The said collector shall proceed upon any such warrant in the manner provided by law with respect to the collection of taxes in the several towns of this state, and pay the sums collected thereon to the village treasurer.

be puid.

$12. The village treasurer shall pay to the persons (or Damages to to the attornies or legal representatives of such persons) to whom damages may have been awarded in the said reports, the amount of such damages, without any deduction therefrom by way of fee or commission.

missioners.

S 13. The commissioners of estimate and assessment Pay of com to be appointed as aforesaid, shall receive such daily or other compensation for their services, as the president and trustees may fix for that purpose; and such compensation, and the fees and charges of surveyors, and other persons, shall be estimated as part of the expenses of the improvement, and be afterwards taxed or certified by some officer authorized to tax costs in the supreme court of this state.

refunded.

S14. If the estimate of the expenses shall exceed the Excess to be amount of expenses which shall be actually incurred in making the improvement, such excess shall be refunded or allowed to the persons assessed, in proportion to the amount of their respective assessments.

infants.

S 15. In any case of laying out and opening or widening Rights of any street, avenue or square, road or highway, under the provisions of this act, the court of common pleas of the county of Kings, or any judge thereof, in term or vacation, shall have power, on application, to appoint guardians for infants, or other incompetent persons, in the nature of guardians ad litem, to protect their interests, or prosecute appeals; but no such guardian shall be entitled to receive any money belonging to any such infant or other person, unless he shall as general guardian, committee or trustee of such person, be entitled by law to receive the

same.

may be

S16. The said president and trustees shall have power Streets, &c. to cause all streets and parts of streets, avenues and squares graded. within the said village, to be graded, levelled, gravelled, paved or MacAdamized, and to cause crosswalks to be made, and drains and sewers to be constructed. They may also cause any such streets or parts of streets, avenues and squares, to be provided with lamp-posts and lamps, and to be kept lighted, and any such square to be planted with trees, fenced in, and to be cleaned and repaired from time to time. The expense of such measures shall be assessed by the assessors of the said village upon the owners and occupants of all the lands and premises benefitted thereby, in proportion to the amount of such benefit. Warrants for that purpose shall be issued from time to time, by the president and trustees under their corporate seal, to the said assessors. Such assessment shall be signed by the

Public cisterns, &c.

said assessors, and delivered by them to the clerk of the said board of trustees, who shall give public notice in the newspaper or newspapers employed by the corporation, that the same has been so left with him, and that the said president and trustees will, on a certain day to be therein stated, which shall not be less than ten days from the first publication of such notice, proceed to confirm the said assessment. During that period any person interested may appeal from the same to the said board of trustees, who may determine such appeal, and alter the said assessment in such manner as in their opinion justice may require. The same may then be confirmed by them without further notice. All such assessments shall constitute a lien upon the lands and premises respectively upon which they shall be made. They may be paid to the treasurer within the same time, or in default thereof, they shall be collected in the same manner as are herein before prescribed in relation to assessments for the laying out and opening of streets in the said village. When one or more of the assessors referred to in this section shall be interested in any lands or premises which shall be liable to be assessed, the president and trustees may appoint one or more special assessor or assessors for the aforesaid purposes, to act in his or their place, who shall have, respectively, the same powers as the assessor or assessors in whose place they shall have been so appointed.

S17. When a public cistern or reservoir shall be directed to be constructed, or a street, or part thereof, or an unenclosed public square, shall have been once paved, or MacAdamized, or a crosswalk, drain or sewer made, in pursuance of the previous provisions of this act, or when a public well and pump shall be made and put down, agreeably to the next section thereof, such cistern or reservoir shall be constructed, and such street, square, crosswalk, drain, sewer, well and pump, together with such cistern or reservoir, kept in repair under the direction of the president and trustees of said village, at the expense the village at large; and general assessments shall be made, by the assessors elected therein, upon the lands and premises therein situated, according to their value whenever it shall be deemed neces sary and directed by the said president and trustees. Such assessments shall be a lien on the lands and premises, respectively upon which the same shall be made, and the provisions of the eleventh section shall apply as to the payment and collection thereof. This section shall not be deemed to extend to sidewalks, but the same shall be kept in repair at the expense of the person or persons opposite whose premises the same may be.

pump

tricts.

18. The said president and trustees shall divide the Well and said village into well and pump districts, and may alter disthe same as they may deem proper: and whenever an application in writing shall be made to them for a well and pump in any such district, they shall cause public notice of such application to be given, in the manner directed in the first section of this act; and if, in their opinion, no sufficient cause shall be shewn to the contrary, they may grant such application, and direct such well and pump to be made and completed for use, and the expense thereof to be assessed and collected within such district; and all the provisions of the sixteenth section, as to assessments and the payment and collection thereof, shall be deemed to apply to assessments to be made under this section.

sessments.

$ 19. In any case where an assessment shall have been Further asmade in pursuance of the provisions of this act, if the may be actual expense of the improvement shall exceed the esti- made. mate made thereof, a further assessment may be made to supply the deficiency; and such further assessment shall be, in all respects, governed by the provisions of this act applicable to the former assessment; and when the actual expense shall in any case fall short of such estimate, the surplus shall be repaid, in cases where the assessment has been collected, to the person or persons from whom the same was collected, or who may be entitled to receive the same.

draining lots.

S20. The president and trustees of said village may, Digging and by general or special ordinances, direct the digging out, draining or filling up of lots of ground, so as to conform them to a proper level, and may enforce obedience thereto by imposing such penalties for a neglect to conform to the same, as they may deem proper, not exceeding one hundred dollars. The power to pass such ordinance, shall not, however, extend to any case except those in which its exercise shall, in their opinion, be necessary for the purpose of preventing or abating nuisances.

tween certain

S 21. The said president and trustees may pass ordinan- Walls be ces to compel the building and maintaining of stone or brick lots. walls between adjoining lots, within the said village, in cases where either of such lots shall not properly conform to the level of the street, and to require any such wall to be built upon, and at the expense of the owner of the lot which shall not so conform, and to be so constructed as to prevent the draining or running of water, or any other thing, from one lot into the other. They may also pass ordinances directing vacant grounds in the said village to be fenced in, in such manner as they may think proper; and it shall be lawful for the said president and trustees to

Work may be done by

trustees when

owners ne

glect.

Extent and force of ordiMances.

enforce obedience to any ordinance authorised by this section, by penalties not exceeding fifty dollars, for every week during which the same shall not be complied with on the part of the person or persons whose duty it shall be to comply with the same.

$22. The said president and trustees may, in all cases where the owner or owners of any lands or premises in the said village shall be required, by any general or special ordinance or resolution, to cause streets to be cleaned, nuisances to be abated, obstructions to be removed, grounds to be drained, filled up or dug out, or any other act to be done which they may by law be authorised to require of him, her or them to perform, and such owner or owners shall neglect to comply with such ordinance or resolution, cause the necessary work to be done for complying with the same, and to be paid for, if they shall deem proper, out of the public treasury; and in case the said owner or owners shall be non-residents of the said village, the said president and trustees may, if they shall deem it necessary, cause the amount so paid or assumed to be paid, to be added to the annual tax to be levied for village purposes, on such lands and premises, and the said amount, when so added, shall be collected as part of such tax accordingly.

$ 23. All ordinances, proceedings and resolutions of the president and trustees of said village, with respect to the grading, levelling, gravelling, paving, MacAdamizing, repairing and cleaning of streets; the making, repairing and cleaning of sidewalks; and the making, constructing and repairing of drains, sewers, wells and pumps and cisterns or reservors, shall be deemed to apply, and the powers of the officers of the said village, for all purposes connected with the administration of the laws shall extend to all public streets, roads, lanes and alloys within the said village, which are now, or shall be hereafter, actually opened and used as such whether the same have been or shall be laid out in pursuance of this or any former act, situate, or by the mere acts of the owner or owners of the land through which they may run.

$24. All such parts of the act hereby amended as are inconsistent with the provisions of this act are hereby repealed.