premises owned or occupied by them, all snow, ice and dirt, and to keep said sidewalks clean.

works.

12. To construct and regulate reservoirs, hydrants, Waterwater-pipes, public pumps and wells, and to prevent unnecessary use or waste of water of the same.

cautions.

13. To enter and authorize others to enter, in the Fire preday-time, when it shall be necessary to do so, into any building in said village, in which shall be a fireplace, chimney, stove or stove pipe, for the purpose of examining the condition of the same, with reference to proper security against fire.

14. To restrain and regulate hawking and peddling Peddling. in the streets.

15. To act as a board of health.

16. To prescribe the duties of all officers and persons appointed by them under this act, subject to the provisions of the same.

by-laws.

Fire depart

ment.

Publication dinances.

of or

17. To carry into effect the powers given to said To make trustees by this act, and enforce observance of all such rules, regulations, resolutions, ordinances and by-laws made in pursuance of this act, by imposing penalties on any person or persons or corporations violating the same, not exceeding in any one case of violation, fifty dollars, to be recovered with costs in a civil action, in any court having cognizance thereof. 3. To establish and regulate a fire department. $4. Every ordinance or by-law, imposing any penalty or forfeiture for a violation of its provisions, shall after the passage thereof be subscribed by the president and clerk, and published at least once a week for two weeks successively, in one or more newspapers printed in said village, or by posting copies thereof in three of the most conspicuous places in said village for at least twenty days before they shall take effect; and proof of such publication by affidavit of the printer or publisher of said newspaper, and of such posting, by the affidavit of the person posting the same, shall be taken and filed with the clerk of the village, and the same or any other competent proof of such publication shall be evidence of the legal publication of such ordinance or by-law in all courts and places.

$5. All persons who shall be intoxicated in any Disorder

persons.

Arrests.

street, park. alley or public place in said village, and all persons who shall, by noisy, tumultuous or riotous conduct, disturb the people, and all persons who shall have incited or induced dogs to fight, or be engaged in inciting and causing them to fight in any street or public place in the village, and all persons who shall fight on any street or public place in the village, and all persons who shall, by blowing horns, hallooing or otherwise make loud noises, tending to disturb the quiet of the people without just cause, and all persons who shall willfully break, injure or carry away any awning, awning post, gate or sign, or any public lamp or lamp post, fruit or fruit trees, or shall willfully, and for purpose of disturbance or mischief, give or create any false alarm of fire, or remove from or pile up before any door, boxes, casks or other things, for the purpose of annoyance and mischief, and all persons who shall willfully throw ink or other liquid, or any missile or other thing upon or against any building of the village, or through any window thereof, and any person who shall willfully break, injure or deface any fence, trees, shrubbery or ornamental thing in the village, and all persons who shall sell or give away strong or spirituous liquors or wines, or any intoxicating beverage within the limits of said village contrary to law, are hereby declared disorderly persous, and may be proceeded against according to the provisions of this act. Persons charged with any of the offenses specified in this section, which is by the existing law a crime or misdemeanor, may also be proceeded against according to the present provisions of law.

$6. The president of said village, the trustees and each of them, or any constable of the town of Lima, or the police constable, shall have power and are hereby authorized, at any and all times, to arrest or cause to be arrested, with or without process, all disorderly persons within the meaning of the preceding section; and the said officers shall have power, with or without process, while in pursuit of such disorderly person, to enter, or cause to be entered, any building or place within the limits of said village, and arrest, or cause to be arrested, any such dis

orderly person or persons, and shall take them forthwith before any justice of the peace residing in said village, to be dealt with according to the provisions of this act. In case a justice of the peace cannot be found, then the officer arresting any such offender may detain him in custody or commit him to the county jail, or any other convenient and secure place for safe keeping, until a justice can be found, not to exceed forty-eight hours, when the officer shall immediately bring him before such justice of the peace, to be tried as hereinafter provided. Said officers, or either of them, shall have power to command assistance whenever he shall deem it necessary.

$ 7. Any justice of the peace of the town of Lima residing within the limits of said village shall have power in cases of persons brought before them charged with being disorderly persons within the meaning of this act, to proceed summarily and without a jury to try such persons and hear and determine the charges alleged against them, and in case any person shall be found guilty of any such acts or offenses as constitutes him a disorderly person within the meaning of this act, such justice of the peace shall impose upon him a fine not exceeding twenty-five dollars, and shall require such fine with costs and fees to be paid to him within twenty-four hours, and during that time the defendant shall remain in the custody of the constable, and if the penalty and costs and fees be not paid within that time, may order the defendant to be confined in the county jail or such other place as the board of trustees shall by resolution provide, for a time not exceeding thirty days, unless the penalty and costs and fees be sooner paid, or such justice of the peace, instead of imposing such fine may commit such defendant to the county jail or other place of confinement provided by the board of trustees as aforesaid, for a time not exceeding thirty days; all fines and penalties collected as hereinbefore provided shall be paid over to the treasurer of said village by the justice receiving the same within five days after the collection thereof.

Streets pre viously laid out.

Maps of streets.

Notice to

alter or lay

TITLE FIVE.

IN RELATION TO STREETS AND PUBLIC IMPROVE

MENTS.

$1. The board of trustees of said village shall have the power:

1. To lay out, open, make, amend, repair, alter, widen, contract and discontinue any street, highway, walk, drain or sewer in said village.

2. To require, direct and regulate the planting, rearing and preserving of ornamental trees or shrubbery in the streets and public grounds of the village, and pass ordinances and regulations concerning the

same.

$2. The board of trustees shall have power to cause such of the streets or highways in said village as shall have been heretofore laid out or shall have been used for twenty years, to be ascertained, described and entered of record in a book to be kept by the clerk of said village.

Such

$3. The board of trustees shall cause all streets or highways, hereafter laid out in said village, to be surveyed, described and recorded in a book to be kept by the clerk for the purpose, and to cause maps thereafter to be made and filed with the clerk. record and maps shall be prima facie evidence of the facts therein described and portrayed in all actions between the village and other persons touching their location.

$ 4. Whenever the board of trustees shall intend to out streets. lay out, alter, widen, contract, or discontinue any street or highway in said village, they shall cause a notice of such intention to be posted in at least four public places in said village, describing briefly the proposed street, and stating the day upon which they will act thereupon; which day shall be at least two weeks subsequent to the posting of said notice.

Damages resulting from laying out streets to be

a jury.

$5. Whenever the board of trustees shall determine, pursuant to the provisions of this act, to lay awarded by out or alter any street or highway in said village, any damages sustained by reason thereof may be ascertained by the agreement of the person claiming such damages and the said trustees; and unless such

agreement be made, or the owner of the land shall in writing release all claim to damages, the same shall be assessed as hereinafter provided. Every such agreement or release shall be filed with the clerk of said village, and shall forever preclude such owner from all further claim for such damages.

6. On the application of said board of trustees, or of the owner of land claiming damages as aforesaid, to any justice of the peace residing in said village, he shall issue his warrant to some constable of the town of Lima, neither interested nor of kin to any person interested in the land affected by the laying out or altering of said street or highway, directing him to summon twelve disinterested freeholders residing without said village, and not of kin to any such interested person, to assess the damages sustained by the laying out or altering of such street or highway, and shall therein specify the time aud place at which the jury shall meet.

$ 7. Upon such freeholders appearing, the justice who issued the warrant shall draw by lot six of the names of the persons attending to serve as a jury, and the first six persons drawn who shall be free from all legal exceptious shall be the jury to assess the said damages.

S8. The said jury shall view and examine the premises, make an assessment of said damages, and apportion the same upon the property benefited by the laying out or altering of such street or highway, and their determination shall be final; but before making their determination, the freeholders making the same, shall be sworn well and truly to determine and assess such damages and make such apportionment.

$9. The verdict of the jury assessing such damages, and making such apportionment, after having been signed by each member thereof, and certified by said justice, shall be filed with the clerk of said village, and the trustees shall thereupon levy and collect the amount so apportioned of the owners of the property, upon which the same has been so apportioned in the same manner that other taxes are collected, as provided by this act, and pay the same