« PreviousContinue »
taken before either the president, clerk or any of the trustees, who are hereby empowered to administer the same and certify thereto.
28. To erect lamps, lamp-posts and fixtures, and cause such of the streets of said village as they may deem proper to be lighted at such times as in their opinion the wants and interests of the village require, and in their discretion to charge the expense of erecting such lamps, lamp-posts and fixtures and of lighting the streets as street expenses.
29. The meetings of the board of trustees shall be held at stated periods, at least once a month, during the year, to be fixed by resolution of the board. Special meetings may be called by the president or any two members of the board, by a notice in writing served personally, or by leaving the same at the residence of the trustees.
30. Three trustees shall constitute a quorum for the transaction of business, but no resolution or ordinance involving the levying of any tax or assessment shall be passed except with the concurrence of four members of the board, on a call of the ayes and nays to be entered on the minutes,
31. The trustees shall have power to lay, or authorize to be laid, in any of the highways and streets of said village, water pipes or mains and hydrants for the purpose of supplying the village or the inhabitants thereof with water for sanitary or other public purposes, or for the extinguishment of fires, and may procure and lay such pipes, mains and hydrants.
32. To make, or cause to be made, maps of the village, to survey and to ascertain, establish, settle, determine and designate the boundaries of said village, and of the streets, highways and public grounds thereof, and to designate and alter the names of said streets and the numbers of all lots and buildings.
33. The trustees shall have the management and control of the finances, and of all the property, real and personal, belonging to said village in its corporate capacity; and it shall be their duty to keep all buildings belonging to said corporation insured against loss or damage by fire; they shall have power and authority within said village to make, ordain, enact, modify, amend and repeal by-laws, ordinances, rules and regulations, not inconsistent with the laws of this state or of the United States, as they shall deem proper to carry into effect the provisions of this act, and of other laws applicable to said village, and the powers vested in any officer thereof; and to prescribe penalties, not exceeding one hundred dollars for each violation thereof; but no such by-law, ordinance, rule or regulation, for the non-observance of which a penalty is prescribed, shall take effect until three days after it shall have been published in a newspaper printed in said village, or until a printed copy thereof shall have been posted in five of the most public places in said village, or by both such publication and posting as the said trustees shall direct.
STREETS AND HIGHWAYS. $1. The said village of Perry is hereby declared a separate highway district and the trustees thereof are vested with all the powers and charged with all the liabilities conferred or imposed by law on commissioners of highways of towns, so far as such powers and duties are not inconsistent with this act, and are applicable to said village ; provided, however, that said trustees shall have no control or supervision
of highway bridges therein, or power to raise money to build or repair the same; but such bridges shall be subject to the control of the commissioner of highways of the town of Perry, with the same powers and duties in respect thereto as if this act had not been passed; and prorided, also, that said trustees shall have no power to lay out, alter, or discontinue any high way, but such power shall remain vested in said commissioner of high ways of the town of Perry.
SIDEWALKS. $ 2. The board of trustees of said village shall have power to cause Sidewalks. the sidewalks on the streets and high ways in said village to be leveled and raised, graveled, planked or flaged and repaired and ornamented with trees, to cause new sidewalks to be made wherever deemed necessary, and to compel the owners or occupant of any land or lots adjoin ing suid streets and high ways to make such improvements upon the side walks as aforesaid, to make such new sidewalks in front of said land or lots, and to determine and prescribe the manner of doing the same and the materials to be used thereon, and the quality of such materials, and the grade thereof, and in case the owner or occupant of any such land or lots shall neglect or refuse to complete the said required improvements or such new sidewalks within such reasonable time as shall be required by them, the said board of trustees may cause such improvements or such new sidewalks to be made and completed, and the expenses thereof may be then assessed to such owner by the said board of trustees and be collected by warrant in the same manner 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.
orie per centum
TAXES AND ASSESSMENTS. § 1. The board of trustees shall have power to raise by general tax General from the taxable inhabitants of said village, and the property therein tako na to liable to taxation, such sum as they shall deem proper, not to exceed, one-half of however, the sum or rate of one-half of one per centum for each dollar Faluation in any one year, and may collect, in addition thereto, a poll and polltax of one dollar each year from every male inhabitant of said village between the ages of twenty-one and sixty, except such persons as are by any law exempt from paying such tax, which sums shall be espended in making, repairing or improving streets and highways, crosswalks, sewers, lighting the streets, and other street expenses, in procaring and maintaining fire apparatus, the salaries of officers, and in defraying the charges and expenses of carrying into effect any and all the powers and privileges granted by this act or by any general law.
§ 2. The board of trustees may cause to be raised such further sum Further or sums in any one year, by general tax, as they require, provided that supus to be the consent of a majority of the taxable inhabitants of said village an- consent of thorized to vote, and voting at an annual or special meeting called for that purpose, be first obtained. Every male resident of said village qualified to vote at the election of officers under this act, and upon whose property, or upon whom as the owner or possessor of property, a tax will be chargeable for the purpose of raising such further sum, und no other person, shall be entitled to vote therefor. Every executor, administrator, trustee, guardian or husband, as the possessor or
Artion to recover tax.
representative of property so chargeable, shall be considered a qualified voter as aforesaid.
$ 3. Before any tax for any such further sum shall be voted for at any such meeting, a notice signed by the clerk shall be published by order of the board of trustees, at least twice in some newspaper published in said village, or posted in at least five public places in said village, that at a time in such notice to be specified, which shall be at least ten days from the first publication of sich notice, or the posting thereof, the electors will be called upon to vote upon such tax, at a place therein named, specifying the objects and the sums proposed to be raised ; and the sums proposed to be raised for each object shall be voted upon separately.
$ 4. All taxes and assessments which shall remain unpaid for three months after the date of the warrant authorizing the collection thereof shall bear interest at the rate of ten per centum per annum from the date of the warrant, and such taxes and interest may be sued for and recovered by the village against any person liable therefor. In any action toʻrecover any taxes aforesaid, the assessment or tax-roll shall in all cases be prima facie evidence of the right of recovery of the amount of such tas and interest, and no property shall be exempt from sale for the payment of the same.
$ 5. All taxes or assessments levied by virtue of any law governing etc.. to be said village shall be a lien upon the real estate upon which they shall
be assessed ; and when a collector shall, upon any warrant for the collection of such taxes or assessments, return upon oath that he could not, previous to the return day of such warrant, find any personal propcrty within said village, out of which he could collect any such tax or assessment; and whenever, upon any warrant issued to collect the expenses of making or repairing any sidewalk, he shall make a similar return, the trustees of said village are authorized to cause the land or estate on which said tax or assessment is assessed or imposed to be sold at public auction, for a term of time, for the payment of such tax or
assessment or the expense of making or repairing such sidewalk. Notice of $ 6. The trustees shall give notice of such sale by publishing the
same once in each week for four successive weeks in one of the public newspapers published in said village, and by posting the same in five conspicuous places ini said village for four weeks prior to such sale, and by serving a copy of such notice upon the owner of such estate, either personally or by leaving the same at his place of residence with some person of suitable age; or if such owner be a non-resident, then by serving a copy of such notice, in manner aforesaid, upon the agent of such owner or the occupant of such estate or premises, if there be such agent or occupant residing in said village, and by mailing a copy of such notice directed to the last known place of residence of such non-resident owner, having prepaid the postage thereon.
$ 7. Such notice ofsale shall specify the time and place of such sale, and shall contain a description of the premises to be sold, the names of the persons to whom assessed, the amount of the tax, assessment or expense of making or repairing sidewalk, and for what imposed, and requring the owner or owners to pay the same, together with the expenses of publication and notices, by a day therein specified, on or before such day of sale. In default of such payment the said premises shall be sold to the person who shall offer to take them for the shortest term for the payment of such tax, assessment or expense of making or repairing sidewalk and interest and the expenses of publication and eale. If any tax assessed upon the personal estate of any person shall
What to speciiy.
not be paid and no goods or chattels shall be found whereof to make the same by distress and sale, such tax may be levied and made by sale of any real estate owned by such person in the same manner as if such tax were assessed on such real estate; and any tax upon personal estate or property of any person shall be a lien upon the real estate owned by such person as aforesaid as if such tax were assessed upon such real estate.
§ 8. Whenever any real estate shall be sold for the collection of any Certificate tax or assessment, or to enforce any lien for the expense of making when to be or repairing any sidewalk, and the owner thereof, his heirs or assigns, delivered shall not, within three months thereafter, have paid to the purchaser. chaser or his legal representatives, or to the treasurer of said village for the benefit of such purchaser, the amount of such tax, assessment or lien and all expenses with interest thereon at the rate of ten per centum per annum from the time of such sale. The trustees of said village shall deliver to the purchaser thereof a certificate of such sale under the seal of said village, and signed by the president, the execution of which may be proved or acknowledged as a deed ; and upon receipt of such certificate, the purchaser may pro- Rights of
purchaser, ceed to serve upon the owner of said premises, and upon the owner or holder of any mortgage, judgment or decree which may be a lien upon such premises, or any portion thereof, notices in writing of such sale, and to redeem such premises within three months from such service; and in case the owner or the person or persons owning or holding snch mortgage, judgment or decree, shall neglect to redeem the premises contained in such certificate within three months from the time of serving such notice, such certificate may he recorded in like manner and with lıke effect as in case of other conveyances of real estate.
The certificate executed by the trustees shall be presumptive evi- Evidence. dence that all the proceedings which terminated in making such certificate, from and including the inception of such tax, assessment or lien to and including the giving of such certificate, were legal.
$ 9. The purchaser at any such sale receiving such certificate, or his When purexecutors, administrators or assigns, may, in case the premises are not redeemed, as herein provided, enter into possession of such real estate enter. and hold, occupy and enjoy the same during the time for which it was sold, as aforesaid, against the owner or the owner or holder of any mortgage, decree or judgment which may be a lien thereon, or any person or persons claiming under them; and for the purpose of obtain
1 ing possession of such real estate, as above provided, such purchaser or his legal representatives shall have all the remedies of a purchaser of real estate sold under execution. All buildings or material erected or placed by such purchaser or his legal representatives on any premises sold, as aforesaid, may be removed by such purchaser or bis legal representatives within thirty days after the expiration of the term for which such premises were sold.
§ 10. It shall be the duty of the clerk in all cases of such sale to Clerk to make an entry of the same in the minutes of the proceedings of the make enboard of trustees, with a description of the property sold, the amount try. for which the same was sold, the length of terni or time, and the name of the purchaser, and of the amount paid for redemption in case the same shall be redeemed.
$ 11. All taxes and assessments charged upon any real estate shall Lien. be a lien upon the same from the time of delivering the roll for such
a tax to the collector, and such lien shall have a priority over all other liens and incumbrances.
Assesgment of general tux.
$ 12. Whenever it shall be determined to raise any general tax, as prescribed in this title, the board of trustees shall cause the same to be apportioned upon the real and personal taxable property of the village in proportion to the value thereof as the same appears upon the general assessment-roll for the current year as made by the assessors, or as confirmed by the board in cases of appeal to them; and the said board shall have the same power to correct such assessment-roll, so far as the same is applicable, as are possessed by boards of supervisors.
§ 13. As soon as such tax shall be apportioned, the said trustees shall attach to the roll their warrant, substantially in the form of warrants to town assessment-rolls, and deliver the same to the collector for collection.
$ 14. The said warrant shall direct the collector to collect said taxes and assessments, and to return the warrant within a specified time; it shall specify the fees to be collected by the collector, and nay direct how often he shall pay to the treasurer the money collected by him during the running of the warrant. Said warrant may be renewed by the trustees from time to time, as often as they shall deem necessary, or they may issue a new warrant; and in such renewal or new warrant shall direct the collection of the interest on the tax or assessment.
What warrant to contain.
FIRE DEPARTMENT BOARD OF TRUSTEES MAY PROCURE FIRE
ENGINES, AND SO FORTH. Fire en
S 1. The board of trustees may procure fire engines or other gines, etc. apparatus 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-HOW APPOINTED. $ 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, invasions or insurrection, and shall also be exempt from poll-tax.
Officers of fire de. partment.
OFFICERS-ELECTION OF REMOVAL OF. $ 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. All or any of such officers may be removed by said board of trustees for incapacity, neglect of duty or misconduct.