Section 168. Local assessments under this article.

169. Acquisition of lands for parks and squares.

Section 140. Definitions.--The term "street" as used in this chapter also includes a highway, road, avenue, lane or alley which the public have the right to use; and the term "pavement" includes a macadam, telford, asphalt, brick or other similarly improved roadbed, and is only applied to the portion of the street between the sidewalks or established curb lines.

§ 141. Separate highway district. The streets and public grounds of a village, except as provided in the next section, are under the exclusive control and supervision of the board of trustees. The board of trustees may expend a portion of the street fund upon outside highways connecting with the village streets.

§ 142. Care of bridges.- If at the time this chapter takes effect, the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such control under this chapter. In any other case, every public bridge within a village shall be under the control of the commissioners of highways of the town in which the bridge is wholly or partly situated, or such other officer as may be designated by special law, and the expense of constructing and repairing such bridge and the approaches thereto is a town charge, unless the village assumes the whole or part of such expense.

§ 143. When village may construct or repair bridges.—A village may assume the control, care and maintenance of a bridge or bridges wholly within its boundaries, upon the adoption of a proposition therefor, at a village election; or a proposition may be adopted authorizing the board of trustees to enter into an agreement with the commissioners of highways of a town, in which any part of such village is situated, to construct or repair a bridge in any part of the village included in such town, at the joint expense of the village and town, which agreement shall fix the portion to be paid by each.

§ 144. Dedication of streets.- An owner of land in a village who has laid out a street thereon may dedicate such street, or any part thereof, or an easement therein, to the village for a public street, or an owner may dedicate for such purpose land not laid out as a street. Upon an offer in writing by the owner to make such a dedication, the board of trustees shall meet to consider the matter; and it may, by resolution, determine to accept a dedication of the whole or any part of the land described in such offer, or of the whole or any part of such street, to be described in such resolution. Upon

the adoption of such a resolution the owner may execute and deliver to the village clerk a proper conveyance of the land to be dedicated. The board of trustees may, by resolution, accept the conveyance, and a certified copy of such resolution, together with the conveyance, shall thereupon be recorded in the office of the county clerk. Upon the acceptance of the conveyance the land described therein shall become and be a public street of the village. No street less than two rods in width shall be accepted by dedication. All offers of dedication must be entered at length in the minutes of the board of trustees.

§ 145. Petition for street improvement.-Five resident freeholders may present to the board of trustees a petition for laying out, altering, widening, narrowing or discontinuing a street in the vil lage. The petition must be addressed to the board of trustees, and must contain a statement of the following facts:

1. The names and residences of the petitioners.

2. If the petition be for the laying out of a street, the general course thereof, and a description of the land to be taken.

3. If the petition be for the alteration of a street, its name, the proposed alteration, and a description of the land, if any, to be taken.

4. If the petition be for the widening of a street, its name and a description of the land to be taken.

5. If the petition be for the narrowing of a street, its name, its proposed width after such alteration, and the manner in which such narrowing is to be effected.

6. If the petition be for the discontinuance of a street, its name and the part proposed to be discontinued.

7. If the petition be for the laying out, alteration or widening of a street, the names and residences of the owners of all land to be taken.

8. If the petition be for the narrowing or discontinuance of a street, the names and residences of the owners of adjoining lands affected.

§ 146. Notice of meeting of board to consider petition.-Upon the presentation of the petition the board shall immediately give notice that it will meet at a specified time and place, not less than ten nor more than twenty days from the date of such notice, to consider the petition. The notice must state the general object of the petition, and if it be for the laying out of a street, a general descrip

tion of its proposed course, and in any other case, the name of the street proposed to be changed or discontinued.

The notice must be served upon the following persons, unless such service be waived by them in writing:

1. If the petition be for the laying out of a street, upon each owner of land to be taken.

2. If the petition be for the alteration or widening of a street, upon each owner of land, if any, to be taken, and upon each owner of land adjoining the part of the street affected.

3. If the petition be for the narrowing of a street, upon each owner of land adjoining the part of the street affected.

4. If the petition be for the discontinuance of a street, upon each owner of land adjoining the part of the street proposed to be discontinued, and also upon the owner of land otherwise affected by the proposed discontinuance.

If a person other than the owner is in possession of such land, notice must also be served upon him. Such notice shall also be published in each newspaper in the village, and posted in five conspicuous places therein. The notice must be served, posted and published at least ten days before the hearing.

§ 147. Meeting and determination of board.-The board shall meet at the time and place specified in the notice to consider the petition and also any objections thereto. A person affected by the proposed improvement, and upon whom notice has not been served, may appear upon the hearing. A voluntary general appearance of such a person is equivalent to personal service of the notice upon him. The board may adjourn the hearing, and must determine the matter within twenty days from the date fixed for such hearing. If the board determine to grant the petition an order must be entered in its minutes containing a description of the land, if any, to be taken.

8148. Effect of determination.-The determination by the board has the following effect:

1. If the petition for the laying out, alteration or widening of a street be granted, the board of trustees may acquire the land for such improvement by purchase or by proceedings under this article. But no street shall be laid out through a building or any fixtures or erections for the purposes of trade or manufacture, or any yard or enclosure necessary to be used for the enjoyment thereof, without the consent of the owner, except upon the order of a justice of the supreme court residing in the judicial district

in which the village or a part thereof is situated, to be granted upon an application by the board of trustees on a notice to the owner of not less than ten days.

2. If the petition for the narrowing of a street be granted, the board shall enter upon its records a description of the street after such narrowing, and the portion of the former street not included in such description is abandoned.

3. If the petition for the discontinuance of a street be granted, such street or the part thereof so discontinued, is abandoned.

§ 149. Application for commissioners; notice of application.-If a petition for the laying out, alteration or widening of a street be granted, and the board can not agree with an owner upon the purchase price of land necessary to be acquired, an application may be made by the board to the county court of the county in which such land is situated, for the appointment of three commissioners to determine the compensation to be made to such owner. At least ten days before the making of such application a notice specifying the time and place thereof must be served upon such owner.

§ 150. Appointment of commissioners.-Upon such application the county court must appoint as such commissioners three resident disinterested freeholders of the county in which such land is situated, not residents of the village nor nominated by a person interested in the proceeding. In case of a vacancy another commissioner may be appointed in like manner. The order of appointment must contain the name of each person whose compensation is to be determined by the commissioners.

§ 151. Notice of meeting of commissioners.-The commissioners shall file with the village clerk the constitutional oath of office. They shall appoint a time and place for a hearing and serve a notice thereof upon the board of trustees and upon each person named in the order. Such notice must be served at least ten days before the hearing, which must be held within twenty days after their appointment.

§ 152. Meeting and award of commissioners.-The commissioners shall meet at the time and place appointed and may adjourn from time to time. They shall personally examine the land, compensation for which is to be determined by them, and may take testimony in relation thereto. They shall keep minutes of their proceedings and reduce to writing all evidence taken by them. They shall award to each owner of land named in the order the compensation to which Vol. I 53

he may be entitled after making allowance for any benefit he may derive from the improvement. After the appointment of the com. missioners and before any evidence is taken on the hearing, the board may make an agreement with an owner named in the order for the compensation to be made to him. If such an agreement be made, notice thereof must be served upon the commissioners, and thereupon the proceeding as to such owner is discontinued. The award shall be signed by a majority of the commissioners, and, together with the minutes of their proceedings, the evidence taken by them, and any notice of agreement served upon them, shall be filed in the office of the village clerk.

$153. Appeal from award of commissioners.-The board of trus tees, or an owner to whom an award has been made by the commissioners, may, within twenty days after the filing of the award, appeal therefrom to the county court by which the commissioners were appointed. Such appeal shall be taken by a notice of appeal to be served as follows:

1. If the appeal be taken by the board of trustees, notice thereof must be filed by the village clerk in his office, and addressed to and served upon each owner to whose award objection is made by the board.

2. If the appeal be taken by an owner, the notice of appeal must be addressed to the board of trustees and served upon the village clerk.

The notice must in either case briefly state the grounds upon which the appeal is taken.

§ 154. Return by clerk.-Within ten days after such appeal the village clerk shall transmit to the county judge the petition filed with the board for the laying out, alteration or widening of the proposed street, all papers and evidence in the proceeding subsequenty filed in his office, and a certified copy of each resolution of the board of trustees relating to the improvement.

§ 155. Hearing of the appeal. The appeal may be brought on by either party by a notice of not less than ten nor more than twenty days. If the appeal is by the board of trustees, it brings up for review all proceedings by or before the commissioners, and the award made by them. If the appeal is by an owner, it brings up for review all proceedings relating to the proposed improve ment. If the appeal is by the board of trustees, and two or more owners are made respondents, the county court may affirm or reverse the award of the commissioners as to the whole or any num