on unpaid

§ 48. All taxes or assessments which shall remain unpaid for thirty Interest days after the final return of the warrant by the collector shall bear taxes. interest at the rate of ten per centum per annum from and after the date of such return, and shall be collected either by the sale of the estate assessed as herein provided, or by suit against the party liable to pay such assessment or tax.

real estate

§ 49. Whenever any person upon whose estate or property a tax shall Sale of be assessed shall neglect or refuse to pay the same, and there shall be for taxes. no personal property found whereon the same can be levied, or out of which such tax can be collected, the collector shall make return thereof to the trustees, who are hereby authorized to cause the estate on which such tax was assessed to be sold at public auction for a term of time for the payment of such tax, giving six weeks' notice of such sale in one or more newspapers published in said village, and the same shall be sold to the person or persons who shall offer to take it for the shortest term for the payment of such tax with interest and the expenses of such notice and sale.

of sale.

§ 50. Whenever any real estate shall be sold for the collection of Certificate any tax, and the owner thereof, his heirs or assigns, shall not within one year thereafter have paid or tendered to the purchaser or his legal representatives the amount of such tax and interest, and all expenses that have been paid by such purchaser with interest thereon at the rate of ten per centum per annum, the trustees shall deliver to the purchaser thereof a certificate of such sale under the seal of the said corporation, and signed by the president, the execution of which may be proved or acknowledged in the same manner as deeds are acknowledged. If the purchaser shall not have paid the amount of the tax and inter- Redempest, and expenses of the sale at the time the owner of the lands sold tion. as aforesaid, or his legal representatives, desire to redeem the same, the said owner or his legal representatives may pay the amount of such tax, interest and expenses to the treasurer of the village, with interest at the rate of ten per centum per annum from the time the tax was returned unpaid, and must notify the clerk of such payment, and the lands so sold shall be redeemed to him or them from the lien of such tax.

redeem.

$51. Upon the receipt of a certificate of sale as herein before provided, Notice to the purchaser may serve upon the holders or owners of any liens upon the property so sold, or any part thereof, notices in writing of such sale, and that unless redeemed within three months from the time of the service of such notice, such certificate may be recorded in like. manner and with like effect as other conveyances of real estate. Such certificate shall be presumptive evidence of the statements contained therein, in all courts and places, actions and proceedings.

sold.

§ 52. The purchaser receiving such certificate, or his representa- Entry tives, may, in case the land is not redeemed as herein provided, enter upon lands into and occupy the same during the term for which it was sold, and shall be at liberty, before the expiration of said term, to remove all buildings and materials, which he or they may erect or place thereon. § 53. Whenever the trustees shall sue and recover judgment, as Collection hereinbefore provided, for taxes returned unpaid and the interest of judg thereon, they may cause a transcript of such judgment to be filed, and Buch judgment docketed, in the clerk's office of the county of Livingston, and the same, however small in amount, shall thereupon become a judgment of the county court and be a lien on all real estate of the judgment debtor situate in the said county of Livingston; and such. real estate may be sold on execution issued to the sheriff of the county

ments.

Evidence.

Jurisdic

justices of

of Livingston, if not collected out of the personal property of the debtor, in the manner prescribed by law; and all the provisions of law in reference to sale and redemption of real estate on execution shall apply to sales and redemption under this act.

§ 54. The return of any tax or assessment, by the collector to the village clerk, as unpaid, or a copy of the same certified by said clerk, with the corporate seal attached, shall be presumptive evidence of the. truth of the statement in such return in all courts and places, and in all actions and proceedings. And any assessment-roll filed with the clerk, or a copy of the same certified by him, with the corporate seal attached, shall be presumptive evidence of the contents thereof, and the regularity of such assessment, in all courts and places, actions and proceedings, and of the right to levy any tax or make any assessment therein mentioned.

§ 55. Any justice of the peace of the town of North Dansville shall tion of have jurisdiction in all criminal cases that may arise within the the peace. bounds of the village, with the same powers and subject to the same liabilities and duties as justices of the peace in other cases. He shall also have jurisdiction in all actions brought to recover fines or penalties for the violation of any of the provisions of this act, and of the rules, by-laws and ordinances of the village and his proceedings and judgments may be reviewed in the same manner as is or shall be provided by law in cases of judgments and proceedings before justices of the peace in other cities. Such justice shall receive the same fees and compensation as are provided by law for similar services in other cases. The fees and compensation of such justice shall be audited and paid by the board of trustees in the same manner as other claims and accounts. All fines recovered by justices of the peace in suits for the violation of any of the provisions of this act, or the by-laws, rules or ordinances of the corporation shall be paid by him to the treasurer of the village. In such suits, if judgment be entered, the successful party shall recover costs to the same amount as in other similar proceedings and actions.

Competency of jurors.

Vagrants, etc.

Intoxicated

persons,

§ 56. In actions brought by or against the village, it shall not be an objection against the person acting as justice or a juror, that he is a resident of the village and subject to taxation therein.

§ 57. When any person complained against as a vagrant, disorderly person, riotous person or person keeping a disorderly house or a house of ill-fame or assignation or prostitution, under the proɣisions of this act, or of any rule, by-law or ordinance of the corporation, made in reference to such persons under this act, shall be brought before an officer having jurisdiction of such matters, he shall, unless the offense complained of be indictable, proceed, forthwith, to hear, try and determine the complaint against such person, as provided by law; or such officer may, in his discretion, adjourn the hearing, on cause shown, not to exceed five days, and in the meantime commit the offender to the village lock-up until such day, or suffer him or her to go at large on executing a bond, approved by such officer, conditioned that he or she will appear on the adjourned day when trial shall be had.

§ 58. All persons found intoxicated in any public place of the village, or who shall disturb the quiet and peace of the village, or of any meeting or assemblage therein, or be guilty of noisy, riotous, obscene or tumultuous conduct in any public place; all persons who shall willfully give a false alarm of fire; all persons who shall publicly use profane, vulgar or obscene language in any public place; all persons who shall

willfully and maliciously break, mar, injure, remove or deface any building, fence, sign, awning, sign-board, tree, shubbery or other ornamental thing in said village; all persons who shall remove from, or pile up before, any door or window, or on any sidewalk or street, boxes, casks or other things for the purpose of annoyance or mischief, or who shall willfully tear down, destroy or mutilate any notice or hand bill lawfully posted up in said village, shall be deemed, and are hereby declared to be disorderly persons under this act, and under any rule, bylaw or ordinance adopted in pursuance hereof, for the punishment of disorderly persons.

persons.

§ 59. Any trustee or police constable is hereby authorized to arrest Arrests of any vagrant or disorderly person, with or without process, and take disorderly him or her forthwith before the proper officer. If such officer cannot be found, the person arresting may detain the person arrested not to exceed twenty-four hours until the proper officer to try such person.

be found.

§ 60. The affidavit of the party publishing or posting any notices Evidence required to be posted or published by the provisions of this act, or by notes, any rule, by-law or ordinance of the corporation of such publishing or etc. posting, shall be deemed presumptive evidence thereof in all courts. and places, actions and proceedings.

§ 61. Every ordinance, by-law, rule, resolution or proceeding of the Ordiboard of trustees may be read and received in evidence in all courts of nances. justice, and in all places, actions and proceedings, either from the original of such ordinance, by-law, rule, resolution or proceeding, certified under the corporate seal by the clerk, or from any printed volume containing such ordinance, by-law, rule, resolution or proceeding, with the certificate of the clerk that such volume contains a correct copy of such ordinance, by-law, rule, resolution or proceeding, and that the same was printed under authority of the board of trustees.

retiring

books, etc.

§ 62. In case any person having been an officer of the village shall Refusal by refuse to deliver to his successor in office, within ten days after notifi- to cation and request, all the moneys, books, papers, records, property deliver and effects of every description, in his possession or under his control, belonging to the village or appertaining to his office, he shall forfeit and pay for the use of the village the sum of twenty-five dollars for each and every day he shall so neglect or refuse, and also all damages caused by such refusal or neglect, to be recovered by suit brought by such village.

§ 63. Whenever any real estate in said village shall be owned by two or more persons, jointly or as tenants in common, a notice served on one of such persons shall be sufficient notice to all, and for any purpose requiring a notice under this act, and whenever said owner shall reside out of the village, it shall be sufficient to serve such notice on the occupant or lessee of such real estate, except as herein otherwise provided.

Notice to

one of two or more

joint ten

ants good.

to be bor

§ 64. Money cannot be borrowed on the credit of, nor can any debt Money not be created in behalf of, the village, payable at a future time. When rowed, etc. the raising of money for any purpose has been voted, the amount may be borrowed, or a liability by contract incurred, not exceeding the amount voted, until the amount can be raised by tax as herein provided.

§ 65. Any officer or person who shall assume to create a liability or appropriate any money or property of the village contrary to the provisions of this act, or who shall assent thereto, shall be personally liable for such debt or liability, and to the village for such money or

Records

property; and each of the trustees present when such violation shall have been committed shall be deemed to have assented thereto, unless he shall express his dissent and request to have the same entered upon the record of proceedings. Any willful violation of this section shall

be a misdemeanor.

§ 66. The board of trustees shall cause to be kept a record of its to be kept. proceedings; all votes shall be taken by ayes and noes, when requested by one of the trustees, and shall be entered in the record, and such record shall contain the names of the members of the board present and voting on any question, and the affirmative and negative votes of the members voting.

Compensation to officers.

Proceedings to

§ 67. No member of the board of trustees shall be personally connected with, or interested in, any contract to which the village is a party.

§ 68. The trustees are authorized to provide for the payment of such compensation as they may deem proper, to the several officers elected or appointed in the corporation, but the trustees shall receive no compensation for their services except for services as commissioners of highways and inspectors of elections, for which they shall receive the same compensation as is provided by law for those officers in the towns. of this state.

§ 69. Whenever any street shall be opened or altered by the trustako lands tees as herein provided, they may take and appropriate any land in for streets. the village for that purpose, provided, all claims for damages on account of such opening or altering shall be released without remuneration, and not otherwise, except upon the written petition of at least twenty freeholders residing in the village, which petition shall specify the improvement to be made, describe the land to be taken, and state the names of the owners thereof, if known, and it shall be filed in the office of the clerk of the village. On the presentation of such a petition the trustees shall meet and examine the same; if they shall find such proposed improvement desirable, they shall put up in five public places of the village a notice containing a correct description of the lands to be taken for such improvement, and specifying a place and time, not less than five days after the posting of such notices, at which the trustees will meet and hear objections to the taking of such land or the making of such improvement, or both; a copy of such. notice must be served upon the owner or owners of the land proposed to be taken for such improvement, at least five days before such meeting; if the owner or owners of such land or any of them do not reside in the village, such notice shall be served upon him or them by depositing the same in the post-office at the village, in a post-paid wrapper and directed to such owner or owners at their several places of tesidence, 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 upon such other days as the board of trustees may designate. After such hearing the trustees may deny the petition or approve the same; they shall declare their decision by resolution entered in their minutes, and if they approve the same, shall proceed to obtain possession of the lands described, in the manner herein provided.

Assess

ment of

§ 70. Whenever any road, avenue, streeet, lane or sidewalk is damages. 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 if the damages are not so determined or released, the board of trustees shall, on being notified by

the president, meet and cause a jury of six freeholders to be summoned to determine and award the damages. Such jury shall be drawn as follows: The clerk of the village shall draw from the names of the petit jurors of the town of North Dansville, resident in the village, by lot, the names of twelve persons who shall serve as jurors to assess and award the damages as aforesaid. It shall be the duty of the clerk to personally notify each person so drawn to appear and serve at a time and place mentioned in the notice. From the persons so notified and appearing, a jury of six shall be selected, by lot, by the clerk of the village. Five days' notice of the time and place of such meeting shall be given to the owner or owners of the lands sought to be acquired, if residents of the village; if not residents, notice thereof shall be sent by mail, ten days before such meeting, directed to the place of residence, if known, of each nonresident owner; if such place of residence be not known, and cannot be ascertained by diligent inquiry, such notice may be served upon the occupant of such premises. 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 may administer oaths to witnesses; the testimony taken, if any, shall be reduced to writing by the jury; they shall determine and award to the owner or owners of such lands such damages as they will sustain by reason of the proposed alteration or improvement, after making allowance for any benefit which the said owner or owners may derive therefrom. determination and award of the jury shall be signed by them and filed in the office of the village clerk, and a copy thereof served upon each. person entitled to such award. If no appeal be taken within twenty days after such service, from such determination and award, it shall be final and conclusive as to all persons interested. A copy of such award, certified by the clerk under the corporate seal, shall be evidence of the same in all courts and places, actions and proceedings.

The

§ 71. The board of trustees or any person interested therein may, Appeals. within twenty days after a copy of the award shall have been served upon them or him, appeal therefrom by petition to the county judge of Livingston county, praying for the appointment of three commissioners to review said award of the jury. The persons appealing shall execute and deliver a bond to the village, in its corporate name, in the sum of two hundred and fifty dollars, with at least two sureties who shall justify in twice the amount conditioned for the payment of the fees of the said commissioners and cost of appeal in case the award of the jury shall not be increased, or, in case the trustees appeal, decreased twenty-five dollars by said commissioners to each party appealing. Filing such bonds with, and serving a copy of said petition with a notice of the time when, and the place where, the same will be presented to the judge, on the village clerk, shall operate as a stay of proceedings until the decision of the commissioners thereon. All persons appealing from the award of the jury for damages, as to one single and continuous alteration or improvement, may join in one petition and may execute a joint and several bond in two hundred and fifty dollars, with sureties and conditioned as herein before mentioned; but in any case 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 interested may be heard in the matter. The said judge shall, on hearing the parties, appoint three disinterested electors of the county, but not residing in the