Fire

ner as other taxes are collected by virtue of this act, and the same shall be a lien on said land and lot. Such expense may also be recovered by action brought against such owner or occupant.

TITLE IV.

FIRE DEPARTMENT — BOARD OF TRUSTEES MAY PROCURE FIRE ENGINES,

ETC.

§ 1. The board of trustees may procure fire engines or other appaapparatus. ratus for the extinguishment of fires, and have the charge and control of the same, and provide suitable engine-houses and other places for the keeping and preserving of the same.

Firemen.

Exemption of.

Officers, election and removal

of.

Control of ment, etc.

§ 2. The firemen shall be appointed to the different companies in the fire department, by said companies in such manner as the trustees shall direct, but any such appointment shall be subject to the approval of the board of trustees, and with their consent.

EXEMPTION OF FIREMEN.

§ 3. The members of the fire department of said village shall, during the term of their service as such, be exempt from serving on juries in all courts and in the militia, except in case of war, invasion or insurrection, and shall also be exempt from poll-tax.

§ 4. The members of the fire department shall have power to elect a chief engineer and two assistant engineers, and a secretary and treasurer of the fire department, in such manner and time as the board of trustees shall direct, whose election shall be subject to the approval of the board of trustees, and such other officers of the fire department or the different companies may be chosen, elected or appointed as the board of trustees may prescribe, and in the manner and at the time they shall direct, who shall be approved by the board of trustees. or any of such officers may be removed by said board of trustees for incapacity, neglect of duty or misconduct..

DUTIES OF OFFICERS.

All

§ 5. The chief engineer and assistant engineers shall have the difire depart rection and control of the fire department, subject to the by-laws and regulations of the board of trustees, and every member of the fire department or any other person who shall, during the time of any fire, neglect or refuse to obey the order of such engineer or assistant engineers, or other officer acting as such, shall forfeit for each offense such penalty as shall be provided by the ordinances and by-laws of the board of trustees, and the said engineer and assistant engineers and other officers of the fire department or of the different companies shall perform such duties as may be required by the by-laws and ordinances of the board of trustees.

Sewers, etc.

TITLE V.

SEWERS AND DRAINS.

§ 1. The board of trustees shall have power to cause sewers and drains to be constructed, relaid and repaired in said village at such

place and times, in such manner and of such dimensions and materials, as they shall from time to time prescribe and direct.

§ 2. The expense of constructing such sewer or drain along any Expense street or alley shall be paid by the owner or owners of the land and real of. property lying upon or adjoining that portion of any public street. or alley through which such sewer or drain may be constructed, and the expense of constructing such sewer or drain across any street or alley, and over or through any land not within any street or alley, shall be a charge upon and paid by said village by general tax. The public park, market place, and all other land and property belonging to, or in use by, said village shall bear and be charged with its proportionate share of such expense, and the same shall be paid by said village by a general tax. The expense of repairing or relaying any drain or sewer in said village shall be paid by a general tax.

ments for.

§3. The board of trustees shall ascertain and determine the expense Assessof the construction of any such sewer or drain along such street or alley, and it shall be the duty of the assessors of said village to proceed forthwith and assess said amount upon the land and real property lying upon or adjoining that portion of such street or alley along which said sewer or drain has been constructed upon the basis of the number of feet front upon such street or alley of each lot or parcel of land, and shall thereupon cause a notice to be posted in five public places in said village, or published at least twice in some newspaper published in said village, that an assessment for sewerage purposes has been made, and that at a time in such notice to be specified, which shall be at least ten days after posting of such notice, or the first publication thereof, they will meet at a place to be therein named for the purpose of correcting and confirming such assessment, which they shall have power to do. After the correction and confirmation of such assessment, the same shall be a lien and charge upon the property so assessed, and the board of trustees shall cause the same to be collected in the same manner as is provided for the collection of other taxes in said village.

for sewer

4. The board of trustees shall have power to purchase and hold Real estate such real estate in said village as shall from time to time be neces- necessary sary for drain and sewer purposes; in case it should in the opinion purposes. of the board of trustees become necessary to construct such sewer or drain over or through lands not lying in any street or alley, and the consent of the owner or owners of such lands cannot be obtained thereto, the right to use such lands for such purposes shall be obtained, and compensation to the owner ascertained in the same manner as is provided in this act in taking lands and making compensation to the owner thereof, in laying out and opening highways where the same is done without the consent of such owner.

5. Such sewer or drain may be discharged into the Olean creek and Alleghany river, or either of them,

sewers.

§ 6. Any property-owner of such village, whose property does not Private lie along the line of any such sewer, may be allowed to connect any private sewer with such sewer or drain upon such terms and conditions as may be fixed and prescribed by the board of trustees.

structed

§ 7. The board of trustees shall not construct any drain or sewer Public to except upon a petition of a majority of the owners of property to be be conassessed therefor, unless for an outlet to a drain or sewer constructed on petition upon the aforesaid petition, and then the shortest practicable route etc. shall be adopted.

of owners,

Separate highway district.

trustees in

laying out streets,

etc.

Proceed

ings.

TITLE VI.

STREETS AND HIGHWAYS.

§ 1. This village shall constitute a separate highway district within its corporate limits, exempt from the superintendence of any one, except the board of trustees, who shall be commissioners of highways in and for such village, and shall have all the powers of commissioners of highways of towns in this state, subject to this act, and as such they Powers of shall have power to discontinue, lay out, open, widen, alter, change the grade or otherwise improve roads, avenues, streets, public parks or squares, lanes, crosswalks and sidewalks, and for that purpose may take and appropriate any land in said village, but no road, avenue, street, land or sidewalk shall be opened or altered unless all claims for damages on account of such opening or altering shall be released without remuneration, except on the written petition of at least ten freeholders, residing in said village, which petition shall specify the improvement to be made, describe the land to be taken, state the owner or owners thereof, when known, and shall be filed in the office of the clerk of the village. On the presentation of such petition the trustees shall and must meet and examine the same, and if they decide the improvement shall be made, they shall so decide by resolution, to be entered in the minutes of the board, and they shall thereupon put up in five public places in said village a correct description of the lands to be taken to make such improvement and a notice that the trustees, at a place and on a day and at an hour therein specified, not less than five days from the date and posting thereof, will meet and hear any objection that may be made to the taking of such land or making such improvement, a copy of which notice must be served on the owner or owners of such land, at least five days before said meeting, unless said owner is a non-resident of such village, in which case said notice and description must be deposited in the said village postoffice, directed to said owner at least twenty days before such meeting. Any person interested may be heard, and introduce testimony before. the board of trustees as to the matter on the day specified in the notice, or on such other days as the board may appoint. After such hearing the trustees may deny the petition or approve and declare, by resolution, to be entered in their minutes, their intention to make the said improvements and proceed to obtain possession of the lands described, in the manner provided by this act.

Assessment of damages.

§ 2. Whenever any road, avenue, street, square or park, lane or sidewalk is opened or altered, the damages claimed by reason thereof may be determined by agreement between the board of trustees and the persons claiming such damages; but in case the damages are not so determined or released, the board shall, on being notified by the president, as in case of a special meeting or at a regular meeting, meet and cause a jury of six freeholders to be summoned to determine. and award said damages. Five days' notice of the time and place of such meeting shall be given to the owner or owners of such lands, if residents of the village, and if not such residents, then notice shall be sent ten days before such meeting, by mail, directed to the place of residence, if known, of each of such non-residents. The jury shall be sworn to faithfully and impartially execute their duty, shall examine the premises, hear the proofs and allegations of the parties, and reduce the testimony to writing, if any is taken; and they shall determine and award to the owner or owners of such lands such damages as they

will sustain by the proposed alteration or improvement, after making allowance for any benefit which the said owner or owners may derive therefrom. The determination and award of the jury shall be signed by them and filed in the office of the village clerk, and a copy served on the persons entitled to such award. If no appeal is made within twenty days from the time of such service, the determination and award of such jury shall be final and conclusive on all persons interested. A copy of such award, certified by the clerk under the seal of the village, shall be evidence of the same in all courts and places and all actions and proceedings.

interested

§3. No trustee who is interested in any lands taken for such altera- Trustees tion or improvement shall act with the trustees when sitting as a not to act. board to determine the damages or to suminon the jury to award damages for taking such land.

to stay

All per

join in

4. Any person interested therein may, within twenty days after Appeals. notice of the award of the jury, appeal from such award by petition to the county judge of the county where such village is situated, praying for the appointment of three commissioners residing in said county, to review said award of said jury. The person appealing shall Bond on. execute a bond to the village in its corporate name in the penal sum of two hundred and fifty dollars, with two sureties who shall justify in twice the amount, conditioned for the payment of the fees of said commissioners and costs of appeal, in case the award of the jury shall not be increased twenty dollars by said commissioners to cach party appealing. Filing such bond with and serving a copy of said petition Filing with a notice of the time when, and place where, the same will be bond.etc., presented to the said judge, or village clerk, shall operate as a stay proceed. of proceedings until the decision of the commissioners thereon. Allg. persons appealing from the award of the jury for damages as to one sons to single and continuous alteration or improvement shall join in one pe- appeal. tition and may execute a joint and several bond in two hundred and fifty dollars, with sureties, and conditioned as herein before mentioned, and there shall be but one board of three commissioners appointed to review the award of such jury. At the time mentioned in the notice and when the commissioners are appointed any person may be heard in the matter. The said judge shall, on hearing the parties, appoint Commisthree disinterested electors as commissioners, residing in said county o but not in the village, to review the award of said jury and determine appointed. and award the damages of the person or persons appealing. If any such commissioners refuse or be unable by reason of absence or incapacity to serve, then the judge shall appoint others in their stead. Immediate notice shall be given by some of the persons appealing to the persons designated as commissioners, and if any one declines or is disqualified, the judge shall appoint some disinterested person, an elector residing in said county but not in the village, to fill the vacancy. Said commissioner shall meet at such Proceedvillage within ten days after being notified of their appointment. They ings by and shall give the president of the village five days' notice of the time and place of their meeting, shall be sworn to do their duty, shall have power to compel attendance of witnesses by subpoena, shall examine. the premises and hear the proofs and allegations of the parties, and shall award such damages to the parties appealing as they shall deem just. The award of the commissioners shall be signed by them and returned to the president of the village within fifteen days after the

* So in original.

sioners to

before.

first meeting of the commissioners and shall be filed with the clerk. Report of. The report with the said award shall also be made to the county judge by the commissioners, which if he approve shall be final, if he disapprove, then the judge shall appoint three other commissioners who shall proceed in the manner before prescribed and make their report with the award to be filed with the clerk of said village, and said award shall be final and conclusive on all persons interested, and the board of trustees may thereupon take possession of the land and make the said alteration or improvement. On declaring the award the commissioners shall each be paid by the treasurer of the village three dollars per day for their services, and the amount so paid shall be collected by suit if not otherwise paid, with other proper expenditures made by and for the village in and about such appeal on the bond referred to in this section, given by the person or persons appealing, in case the person or persons appealing are liable to pay the costs of the appeal under the provision of this act. In all cases of appeal under this section the judge to whom the appeal is made shall by order appoint guardians for any infant, lunatic or idiot interested in said proceedings.

Assess

ment to pay final award.

etc.

On peti

§ 5. Whenever a final award is made for damages sustained by reason of making such alteration or improvement, the persons acting as assessors may, within twenty days thereafter, assess the amount of such damages upon the estates, real and personal, in said village, and make out an assessment-roll of such damages, which assessment-roll shall be signed by the president and filed with the clerk and be collected in the same manner as the annual tax is collected, and the trustees shall, within one year from the time of such final award, pay or tender the amount of such damage to the persons to whom the same shall have been awarded; and in case such owner shall refuse the same or be unknown, or a non-resident of said village, idiot or lunatic, or the rights and interests of persons claiming the same shall be doubtful, it shall in such cases be lawful for the board of trustees to pay the amount of such damages to the county treasurer of the county where said lands are situated, for the benefit of such person or persons as may be entitled to the same, accompanied by a statement of the facts under which such payment was made. The board of trustees shall cause the clerk of said village to make an entry in the village records of the money deposited, stating amount with the names of the parties by the awards declared to be entitled to the same. On the proper person or persons being ascertained who are entitled to receive such money the president of the village is authorized to draw an order on said county treasurer, countersigned by the clerk and payable to the order of the person or persons entitled to such money, for the amount due such person or persons.

§ 6. On the petition of two-thirds of all the property-owners in tion board value of any street, or section of a street, such value to be determined by the last assessment-roll, the board of trustees shall have power and be macad- it shall be their duty to cause the same to be macadamized or paved,

may cause streets to

amized, etc.

curbed, guttered and flagged, of such material as the board may direct; the expense of such macadamizing or paving, curbing, guttering and flagging shall be assessed upon the property lying upon or adjoining such street on each side thereof, in the same manner as prescribed for sewerage assessments, in section six, title five of this act. Any street that shall be macadamized or paved under the provisions of this section when any portion of such street shall be occupied by a street railway that portion so occupied shall be macadamized or paved