Fire department. Members of ment. from any street, lot or building, by the owner or occupant thereof; and in case such owner or occupant will not proceed forthwith, as required, to remove or destroy the same, then to cause the same to be done at the expense of such owner or occupant, and to sue for and recover the expense thereof in a civil action; but no dead carcass shall be thrown or deposited in the Hudson river or Catskill creek within the limits of said corporation, under such penalties for each offense, not exceeding ten dollars, as the said trustees shall prescribe. SECTION 18. The trustees are authorized and empowered to organize and establish a fire department, to consist of one or more fire companies, one or more hook and ladder companies, and one or more hose companies; to appoint a sufficient number, not exceeding sixty to each fire engine company, and not exceeding twenty-five to each hose and hook and ladder company, with the consent of the individuals so to be appointed; a foreman for each company shall be chosen by the members of each company, in the manner to be directed by the trustees, and subject to their approval and ratification. SECTION 19. Every member of the fire department fire depart shall, so long as he shall remain such member, be exempt from serving on juries in any court, and from paying any poll tax, and from serving in the militia, except in the case of war, invasion or insurrection; and every person who shall serve in such fire department five years successively, including the time he shall have served continually as a fireman in said village before the passing of this act, shall thereafter be entitled to the like exemption from military service, and a certificate of such service in the fire department, authenticated by the signature of the president and the seal of the corporation, shall be legal evidence before all the courts and officers, civil and military, of such exemption. Chief engi neer. SECTION 20. The members of the fire department are authorized to elect a chief engineer, and one or more (not exceeding two) assistant engineers of the fire department, whose election shall be subject to the approval of the board of trustees, and who may be removed by said trustees for incapacity, neglect of duty or misconduct. The chief engineer, and in his absence the senior assistant engineer, shall have direction and control of the fire department, subject to such regulations as shall be prescribed by the by-laws of said corporation. firemen. SECTION 21. The present firemen of the village of Present Catskill shall be firemen of said village, subject to be removed by the trustees in the same manner as other firemen. SECTION 22. Every member of the fire department who shall, at the time of any fire, refuse to obey the orders of the chief engineer, or, in his absence, the orders of the senior assistant engineer present, and every inhabitant of the corporation who shall, at the time of any fire, refuse to obey the orders of the president, or in his absence, the orders of any trustee present, shall, for each offense, forfeit such penalty as shall be prescribed by the by-laws, not to exceed ten dollars for each offense. Members of ment refu fire depart sal to obey orders. SECTION 23. Every person who shall, at the time of Misconduct any fire, be guilty of mutinous conduct, or shall attempt to excite mutiny and insubordination in others, or attempt to obstruct the operation of the fire department, or the execution of the orders of the proper officers, shall, for each offense, forfeit such penalty as shall be prescribed by the by-laws, not to exceed fifty dollars for each offense. may be re SECTION 24. The trustees may remove any member of Members the fire department for negligence, disobedience of orders, moved. or misconduct, after giving him at least five days' notice in writing to show cause against such removal. dens. SECTION 25. The trustees shall, by virtue of their Fire waroffice, be fire wardens of said village, and they and each of them, as such fire wardens, shall, when present at the occurrence of any fire, have general supervisory power over and authority to direct the officers and members of the fire department and other persons present at any such fire, in such manner as shall be prescribed by the bylaws. district. SECTION 26. The said village shall constitute a highway Highway district, and the powers and duties of commissioners and overseers of highways are hereby devolved upon, and shall be exercised by the trustees of the village, except as otherwise provided in this act; and the jurisdiction of the commissioners and overseers of highways of the town of Catskill within the limits of said village, over the taxable inhabitants, corporations and banking associa Opening streets. tions, and the property therein, and the highway taxes levied or to be levied on the same or any of them, or any part thereof, is hereby entirely abrogated, except such as shall be assessed on said village by the board of supervisors for roads and bridges. SECTION 27. The trustees are authorized and empowered to lay out, make and open any street, alley or highway, of such width as they shall deem proper, and to cause any street, alley or highway already laid out, to be opened, altered, extended, widened or discontinued, whenever they shall deem the public good to require; provided such street, alley or highway shall not be so laid out or altered as to run over the site of any dwelling house erected before the said road, street or highway shall be so laid out or altered, if the said dwelling house or other building, erected before the said road, street or highway shall be so laid out or altered shall exceed the sum of five hundred dollars in value, which value shall be determined by the assessors of said village, and their determination shall be in writing, and filed with the village clerk, and the owner or owners of any lands over which such street, alley or highway shall be laid out or altered, shall be paid a reasonable compensation for such Damages in damages as they shall sustain by reason thereof; and said damages may be settled by agreement between said. owner or owners, or either of them, and the trustees; but in all cases where the amount of such damages shall not be settled by agreement, the manner of ascertaining such damages shall be by a jury, in the manner following, to wit: The president and any two or more trustees, shall, by a precept under their hand and seal, command any constable of said village, or of the town of Catskill, to impannel and return a jury of twelve freeholders of said village, who are not interested in the property to be assessed, to appear before the president of said village within twenty days from the day of the date of said precept (which day shall be stated in the said precept, and the hour and the place at which the said jury are required to convene), to inquire, and assess the damages and recompense due to the owner or owners of said lands; at the same time to summon the owner, owners or occupants of said lands, or his or their agent or legal representative, by written notice personally, or to be left at laying out highways and streets. his, her or their most usual place of abode, to appear. before said president and jury on the day, and at the place in such precept to be specified; or if the said lands are unoccupied, and the owner or others interested be unknown to the said trustees, in that case the notice shall be inserted for six weeks in the state paper, which notice shall be taken and deemed to be sufficient; which jury being duly sworn, faithfully and impartially to inquire into and assess the damages in question, and having viewed the premises, shall inquire of and assess such damages and recompense as they shall, under all the circumstances, judge fit to be awarded to the owner, owners or occupants of such lands for their respective losses or damages, according to their several interests and estates therein; and the verdict of the said jury, where reduced in writing and signed by a majority of the said jurors and filed with the village clerk, and the payment of the sum of money so awarded and adjudged to the owner, owners or occupants thereof, or tender and refusal thereof, shall be conclusive and binding against the said owner, owners or occupants, his, her or their respective heirs, executors, administrators or assigns, claiming any estate or interest of, in or to the said lands. But said trustees shall not be allowed to take possession of, or appropriate any such lands until after the payment or tender of the moneys so awarded as aforesaid, by the trustees of said village, and in order to provide for the payment thereof, the said board of trustees shall cause the same to be assessed and collected in the manner provided by this act for the collection of taxes; and upon the payment or tender of the money so awarded as aforesaid, it shall thereupon be lawful for the said board of trustees to cause the said lands to be converted to, and be used for the purposes aforesaid, provided, however, that any party conceiving himself or itself aggrieved by any assessment made by virtue of this section of this act, shall have the right, within ten days thereafter, to apply to the county judge of Greene county, by a writ- Appeal to ten application, to appoint three commissioners to reassess county the said damages, and thereupon the said county judge shall appoint three reputable freeholders residing in the said county, not named by the parties, nor residing in said village, and in no wise related to the parties, or judge. Petition to lay out road. Duty of owners of lots in gra ding side interested in the premises through which the road or street is to be laid or altered, who shall be commissioners to reassess the said damages, and adjudge and award to the said owner, owners or occupants, for their said losses or damages, according to their several estates therein, and either party may bring, on the hearing thereof, before said commissioners, upon six days' notice in writing to the other parties, and the decision of the said commissioners, or a majority of them, shall be final and conclusive upon the parties; and the party appealing shall pay the fees of the said commissioners unless the damages are increased or diminished by their decision, so as to be ten per cent or over, more favorable to the party appealing than the assessment appealed from, and if so increased or diminished ten per cent or over, then the said fees shall be recovered by the said parties appealing from the other party; and until the determination of said commissioners, all proceedings on the part of the trustees with respect to such assessment, shall be stayed from the time of notice of said appeal. No street, alley or highway shall be laid out, opened, altered, extended, widened or discontinued under this section, except upon the petition of twelve freeholders of the corporation. When the land of a resident or non-resident shall be taken by due process of law, for the purpose of opening streets, or for other purposes, the amount awarded shall be paid to the parties to whom the same shall be awarded; and in case of minors and non-residents, or refusal of residents to receive the same, the sum or sums so awarded shall be deposited in some solvent bank in the village, to the credit of and subject to the order of said parties. SECTION 28. It shall be the duty of the owner or owners of any lot or lots on any of the public streets in walke, &c. said village, to grade, construct, relay and keep in repair all sidewalks opposite and on the same side of the street with their respective lots, in such time and manner, and of such materials as the board of trustees may, by a by-law, resolution or ordinance for such purpose direct; and if any such owner or owners, shall refuse or neglect so to grade, construct, relay or repair the sidewalk adjoining such lot or lots, when so directed, then it shall be lawful for the trustees to cause the same to be graded, |