Village to be a sepa rate road district. trustees therein. § 30. The corporation of the village of Durhamville is hereby declared a separate road district, exempt from the superintendence and control of the commissioners of highways of the town of Verona, Oneida county, and Powers of town of Lenox, Madison county (and the trustees shall possess all the power given by law to the commissioners of towns within the limits of the village), excepting therefrom that portion of said corporation vested in the Bridges to State of New York, and the bridges over and across the Oneida creek within said village now erected, or which may hereafter be constructed, and all embankment, abutments, railings and sidewalks thereto, shall be and remain under the care and superintendence of the commissioners of highways of the towns of Verona and Lenox aforesaid, and the expense of making and maintaining the same shall be defrayed in the same manner as other bridges of the said towns. remain in town charge. Duty of trustees in streets, sewers, sidewalks, etc. Shade trees. § 31. It shall be the duty of the trustees to give relation to direction for laying out, regulating, making and paving and improving in said village the highways, streets, alleys, lanes, public squares or grounds, side and crosswalks, drains and sewers, and cause the same to be repaired and cleaned from time to time as may be necessary, and to direct and regulate the planting of ornamental trees, in the street and public grounds of said village, and preserve the same; nothing in this act, however, shall be so construed as exempting any railroad that is or may be constructed within the bounds of the corporation, from maintaining and keeping in good repair all bridges and crossings over and upon such railroads within said bounds, and the trustees shall have the power to compel such railroad companies to keep such bridges and crossings in good order and condition. Railroad Working and repair of highways. § 32. The charges and expenses of working and repairing highways in said village shall be raised by tax upon the taxable inhabitants and property of said village, in the same manner as ordinary and general taxes, and the said trustees shall be under the same obligation to keep said roads and streets in repair and be subject to the same liabilities in respect thereto as commissioners of highways, and such taxes can be raised by the trustees without any vote (in addition to the sum neces sary for the contingent expenses of the village), but such road tax shall not in any one year exceed one and one-half per cent on the valuation of the taxable property of said corporation. §33. All streets and alleys in said village are hereby Streets declared to be public highways. and alleys declared highways. and alter ing streets, how de § 34. The expense of laying out, altering and open- Opening ing new streets and paying the damage thereof, shall be defrayed from the treasury of the corporation with the other contingent expenses, and shall be voted for and raised in the same manner. frayed. §35. The trustees are authorized and empowered to Tax for stated and expenses, money by tax in the manner herein provided, to contingent pay all contingent and stated expenses of the corpora- may be tion other than highway taxes, and also to carry into voted. effect the several powers and privileges granted by this act, but no such tax shall be levied or collected until the same shall have been authorized by a vote of the taxable inhabitants of the corporation, at their annual election, or at a meeting called by the trustees for the purpose of authorizing the assessment and collection of taxes, and the said contingent and stated expenses shall be presented to such meeting in items specifically and shall be voted upon, item by item, and no contingent or stated expenses which is not thus presented and voted upon shall be collected, and no item thus voted or any part of it shall be used for any other purpose than the specific purpose for which it was voted, but Aggregate the amount of taxes to be raised in any one year over limited. and above what are herein denominated highway taxes, shall not exceed the sum of three thousand dollars. tax taxes, how § 36. The board of trustees are authorized and em- Highway powered to raise annually, by tax to be assessed upon assessed. estate, real and personal, within said village, such amount of money denominated "highway taxes," as they shall deem necessary, not exceeding the sum of eight hundred dollars, which sum shall be assessed as follows: each male inhabitant of twenty-one years of Poll tax. age, and sixty years, shall be assessed one dollar, and the Tax upon balance shall be assessed upon estates, real and personal, within said village, according to the value of their property as it shall appear upon the last assessment property. Street commis sioner to expend moneys. Filing of tax roll. Renewal of tax warrants. Village tax meetings. Notice thereof. Election, how conducted. tions of voters. roll; which money shall be expended by the street commissioner, under the direction of the trustees, for keeping in repair the streets, highways, bridges, lanes, alleys, side and cross-walks in said village, and for no other purpose. The board of trustees shall cause the village tax roll to be made out and filed, together with a copy thereof, in the office of the clerk. §37. The board of trustees may renew from time to time any warrant issued for the collection of any tax or assessment, when any tax or assessment shall be returned uncollected. § 38. Whenever the trustees shall be of the opinion that the interest of the village requires the expenditure of any money for any extraordinary or special purpose, the said trustees shall have the power to call a special election and submit the question of raising such money to the qualified voters in said village; but before submitting the question they shall make an estimate of the sums necessary to be raised for such purpose, and state the amount and the object for which it is required, and cause the statement to be filed with the clerk, and a copy thereof to be posted in five public places in said village, at least ten days preceding the day of such election. The board of trustees may, after making and posting such statement, call an election by giving the same notice given at an annual election, and shall designate in said notice some place in said village for holding the polls of said election. The trustees shall be inspectors of said election in the same manner as at the charter. Qualifica election in said village. Every person of twenty-one years of age, liable to be assessed for such taxes, shall be considered a qualified voter at such election. The polls of said election shall be opened and closed in the manner provided for holding election in said village. On the ballots deposited at said special election shall be written or printed "for special tax," or "against special tax." The votes received at said special elecand certifi- tion shall be canvassed, and the result certified and the Form of ballots. Canvass cate of result. certificate thereof filed with the clerk, and the board of trustees at their next meeting after said election shall cause the result as appearing by said certificate to be trustees. entered in their minutes, and if it shall appear that the whole number of votes received at such election with the words "for special tax," shall exceed the whole number of votes "against special tax," it shall be the Action of duty of said board of trustees to cause the said sum of thereon. money or estimates and voted for, to be assessed, levied and raised on the estates, real and personal, in said village, according to the value thereof as it shall appear upon the last assessment roll. highway § 39. The office of overseer of highways, and also all Office of assessment of highway works to be paid in labor within overseer the corporation, is hereby abolished. abolished. commis sioner, to superintend street § 40. The working, improving, cleaning and repairing Street the streets, shall be performed under the superintendence of the street commissioner, who shall be subject to the direction of the trustees in the discharge of his work. official duty, and no account for expenditures on the streets shall be paid until the same shall be audited by the trustees, and a warrant or order drawn therefor on the treasury by the president and countersigned by the clerk; and all payments shall be made by the clerk Audit and upon vouchers to be furnished and signed by the street payment of commissioner, which shall contain the name of the son and the service or other thing for which the payment is to be made. per accounts therefor. word 41. The word "streets 19 as used in this act shall be Meaning of deemed to comprehend all parks, public squares, high-streets," ways, streets, lanes and alleys within the corporation. lands for taxes. $42. When any person upon whose estate or proper- Sale of ty a tax shall be assessed shall neglect or refuse to pay unpaid the same, and there shall be no personal property found whereon the same can be levied, or out of which such taxes can be collected, the collector shall make returns thereof to the trustees, who are authorized to cause the estate on which such taxes were assessed to be sold at public auction for a term of time for the payment of such taxes, giving three months' notice of such sale in the Notice of newspapers of said village, or by posting such notice for the same length of time in five public places within said village, and the same shall be sold to the person who shall offer to take it for the shortest term for the sale. Right of redemp. tion. payment of such taxes, with interest, and the expenses of such notice and sale. § 43. When any real estate shall be sold for the collection of any taxes, 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 taxes and all expenses, with Purchaser interest at the rate of fourteen per cent per annum, the trustees shall deliver to the purchaser thereof a certificate of such sale, under the seal of said corporation, and signed by the president, the execution of which may be proved or acknowledged as deeds now are, and may then be recorded in like manner and with like effect as in case of conveyances of titles to lands. to receive certificate, if not redeemed. Purchaser to enter into possession. Pleadings and pro in suits by village. Competency of inhabi tants as § 44. The purchaser at any such sale, on receiving such certificate, or his executor, administrators or assigns may immediately enter into the possession of such real estate, and hold, occupy and enjoy the same during the term for which it was sold. § 45. All suits brought for the recovery of any fine, penalty or forfeiture prescribed by this act, or by any by-law made by virtue thereof, may be brought in the name of said corporation, and the pleadings and proceedings shall be the same as prescribed by the Code of Procedure of this State. Either party may give this act, the said by-laws and any special matter in evidence, and the party in whose favor judgment shall be rendered shall recover costs and have execution of such judgment in like manner as in other cases. §46. No person shall be deemed incompetent as judge, juror, justice, witness, sheriff or constable, in any jurors, wit- cause or proceedings in which the corporation shall be a party, by reason of his being an inhabitant of the village, excepting in the case of jurors for the assessment of damages on the opening of streets therein. nesses, etc. Disposition of moneys as fines, etc. § 47. All moneys which shall be collected on account recovered of taxes, received for licenses, fines, penalties or forfeitures under this act shall belong to the said corporation, and shall be paid into the treasury thereof, excepting the fees of collector, as hereinbefore provided; but all moneys recovered for fines, penalties or forfeitures imposed by the Revised Statutes, except as provided by |