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ment can be made in the premises, then and in such case it shall and may be lawful to and for the said board of trustees, and they are hereby authorised to apply to any three of the judges of the court of common pleas for the county of Kings, (of whom the first judge shall always be one) in vacation, or to the said court in term time, for the appointment of commissioners; and it shall be lawful for the said judges in vacation, or for the said court, in term time, on any such application, to nominate and appoint three discreet and disinterested persons, being freeholders and inhabitants of the said village, commissioners to estimate and assess such damages and recompense as they shall under all circumstances judge fit to be awarded, to the owner or owners of such land, houses or buildings, according to their several and respective interests and estates, of and in such land, houses or buildings, or any part thereof, for their respective interests in the same; and the said commissioners, being so appointed, shall before they enter upon the performance of the duties of their appointment, severally take and subscribe an oath or affirmation, before some person authorised by law to administer the same, in the words foilowing, to wit : “I, A. B. do solemnly swear or affirm, as the case may be, that I will support the consti. tution of the United States, and the constitution of the state of NewYork, and that I will faithfully discharge the duties of the office of
according to the best of my ability,” which oath or affirmation shall be filed in the office of the clerk of the county of Kings; and the commissioners, after having viewed the said land, houses or buildings, or otherwise informed themselves in the premises, shall niake report under their hands and seals, or the hands and seals of any two of them, of the amount of such estimate and assessment, to the board of trustees of said village of Brooklyn, without delay; and the said board of trustees shall thereupon cause notice thereof to be given in one or more of the public newspapers printed in said village; and in case the party in whose favour such report shall be made as aforesaid, shall conceive him or herself agrieved in the premises, it shall and may be lawful for him or her to appeal from the same, to the court of common pleas then next to be holden in and for the county of Kings, giving at least ten days notice of such appeal to the said board of trustees; and all the costs and charges attending the prosecution of any such appeal, whether the said report shall be confirmed by the said court or not, shall be borne and sustained by the party making the same; and the said president and trustees of the village of Brooklyn are hereby exonerated from the payment of all such costs and charges; and in case no appeal shall be made from the said report as aforesaid, to cause the same to be filed with the clerk of the said court of common pleas, at the next term thereof, and the said court shall thereupon, by rule or order for that purpose to be entered, confirm the said report: and upon the prosecution of any such appeal as aforesaid, the said court shall, by rule or order for that purpose to be entered, after hearing any matter which may be alledged against the same, either confirm or disallow said report; and if the same shall be confirmed, it shall be thereupon filed with the clerk of the said court, and a rule or order of confirmation be entered ; and in case the said court shall disallow the same, then they shall refer the said report to the said commissioners for revisal and cor
rection, or to new commissioners to be appointed by the said court, to reconsider the subject matter thereof; and the said commissioners to whom the said report shall be so referred shall return the same corrected and revised, or a new report to be made by them in the premises, to the said court without unnecessary delay; which said revised and corrected, or new report shall be final and conclusive in the premises, as well upon the said board of trustees as upon the persons interested in such lands, houses or buildings; and the confirmation of the report of the said commissioners, by the court, and the payment, of the sum and sums of money so estimated and assessed, to the owner or owners thereof, or the tender and refusal of the same, shall be binding to all intents and purposes, against the said owners and their respective heirs, executors, administrators and assigns, claiming any interest or title in or to the property so taken as atoresaid, and shall be a full authority to the said board of trustees, to cause the same to be converted to and for the purposes aforesaid: Provided, That nothing herein contained shall operate Proviso. to defeat or stay any proceedings now pending in relation to the opening of any street in the said village, but the same may proceed in like manner as if this act had not been passed.
19. And be it further enacted, That it shall be the duty of the Report to be said commissioners, whenever they shall have completed any such filed. estimate and assessinent as aforesaid, to cause a copy of their report to be filed in the office of the clerk of the court of cominon pleas for the county of Kings; and a notice thereof to be given to the party in whose favor the saine shall be made, at least three weeks before the return of the same to the said court as aforesaid ; and it shall be a, sufficient service of said notice to leave the same at the usual place of abode of such party, or of his, her or their legal representative: and the said commissioners shall be entitled to receive such compensation for their services as the said court shall allow,
20. And be it further enacted, That if the owner or proprietors In case of unof such lands, houses or buildings so required to be taken for the known.or..
i non resident purpose aforesaid, shall be unknown, absent or non-resident in said owners. village, the said board of trustees shall cause notice of such intended appropriation, describing such land as aforesaid, to be published six weeks successively in a newspaper printed in the said village, and in one or more of the newspapers printed in the city of New-York; and on the expiration of such notice may cause the estimate and assessment to be made in manner aforesaid, without any other notice : and the said board of trustees may appropriate the premises aforesaid, in case of absent, unknown or non-resident owners or parties, before payment of the sum or sums assessed; and such owners or parties or either of them, on applying to the said court of common pleas, and on proving the extent of his or their interest in the premises appropriated, to the satisfaction of the said court, such court shall thereupon ascertain and determine the part or portion of the sum assessed, to be paid to such owner and parties so applying respectively, and enter the same in their minutes; a copy of which entry, under the seal of the said court and certified by the clerk, shall entitle the owners or parties re- . spectively to the sun or sums so ascertained and determined: And further, That where any known owner or party, residing in the said village, shall be an infant, and any proceedings shall be had under the eighteenth section of this act, it shall be lawful for the said court of com.
mon pleas, upon application to them by the trustees or by such infant, to appoint a guardian for such infant, taking security from such guardian for the faithful execution of his trust; in which case the notice herein before required to be given by said commissioners shall be given to such guardian, or in case a guardian for said infant, legally appointed, shall already exist, such guardian may be consider
ed the legal representative of such infant. Damages to · 21. And be it further enacted, That whenever and as often as
any lands, houses or buildings shall be required to be taken by the said board of trustees, and the damages to the respective owners thereof shall have been estimated and assessed in the manner prescribed in the eighteenth section of this act, it shall be the duty of the said board of trustees to cause the sum total of the said damages, including the costs and expenses attending the proceeding, to be assessed among the owners and occupants of the several houses and lots benefitted thereby, in the manner prescribed in the sixteenth section of this act, which assessment, when made and confirmed by the said board of trustees, shall be a lien and charge on such lots aforesaid, and the respective owners or cccupants shall also be liable to pay such assessment, and the same be levied by distress and sale, in the manner prescribed in and by the said sixteenth section of this
act. Sales for -- 22. And be it further enacted, That whenever any tax of any
description on lands or tenenients in the said village shall remain unpaid on the day on which the collector is required by law to account for the collection of the same, and the collector of the said village shall make affidavit before any justice of the peace in the said county of Kings, that the owner or owners of the premises on which the same is imposed, could not upon diligent enquiry be found, or, that being found, he, she or they had not sufficient personal estate in the said village whereon the said tax could be levied, it shall be lawful for the said board of trustees to issue a warrant under their seal, signed by the president of the said village, and directed to the collector of the same, requiring him to levy the said tax, with interest on the same, by distress and sale of the goods and chattels of the owner or owners of said lands or tenements respectively, wheresoever the said goods and chattels may be found in the said village, together with the costs and charges of such sale, rendering the overplus money, (if any) to the person or persons whose goods and chattels shall be so distrained and sold : And further, whenever any such 'tax shall remain unpaid as aforesaid, and the collector shall make such affidavit as is above mentioned, it shall and may be lawful for the said board of trustees, (instead of the above proceeding by distress and sale, or at any time thereafter, if a warrant of distress should be issued, and the said tax should not be collected thereupon,) to take order for advertising the same in a public newspaper printed in the said village of Brooklyn, if any such there should be, and if not, then in such other public manner as the said board of trustees shall direct, for the space of three months; thereby requiring the owners of such lands and tenements respectively, to pay the amount of such tax so remaining unpaid, with interest thereon, to the treasurer of the said village; and that if default shall be made in such payment, such lands and tenements shall be sold at public auction, at a day and place therein to be specified, for the lowest
term of years at which any person shall offer to take the same, in consideration of advancing the amount of the tax so remaining unpaid, together with the interest and all costs and charges accrued thereon; and if, potwithstanding such notice, the owner or owners shall refuse or neglect to pay the amount of such tax, with the interest and charges attending such notice and advertisement, and the costs and charges aforesaid, then it shall and may be lawful for the said board of trustees to cause such lands and tenements to be sold at public auction for a term of years, for the purpose and in the manner expressed in the said advertisement, and to give a declara. tion of such sale to the said purchaser, under the common seal of the said village, and the said purchaser, his executors, administrators and assigns, shall, by virtue thereof, and of this act, lawfully hold and enjoy ihe same, for his and their own proper use, against the owner or owners thereof, and all persons claiming under him or them, until his said term therein shall be fully completed and ended ; and be at liberty to remove all buildings which he, she or they shall erect thereon during the said term, within one month after the expiration of the said term : Provided always, That it shall be lawful for the owner or owners of any lot or lots so sold as aforesaid, at any time within one year after the day of the sale thereof, to redeem the same, by paying to the purchaser or purchasers thereof the amount of money so advanced as aforesaid, together with fourteen per cent thereon.
23. And be it further enacted, That it shall and may be lawful Well and for the said board of trustees to divide the said village into well and pur pump districts, and to alter the same when necessary; and whenever à petition shall be presented to the said board of trustees for a well and pump to be made in any such district, they shall cause public notice of the same to be given in the manner prescribed in the sixteenth section of this act; and if the inhabitants of said district, and others who will be liable to be assessed for the same, shall not remonstrate, in writing, against said petition; or, if such remonstrance shall be made, and sufficient cause shall not be shown against granting the prayer of the same, and the said board of trustees shall deem the same reasonable and proper, it shall and may be lawful for them to grant such petition, and to cause to be made within said district a sufficient well, and to insert therein a good and sufficient pump, and to assess and collect the expenses attending the same, in the same manner as is provided for assessing and collecting the expenses attending the pitching, paving or altering of streets in the said village, in the sixteenth section of this act: And further, That all public wells and pumps in the said village, shall be kept in repair by a general assessment on the said village.
24. And be it further enacted, That the said board of trustees Board of be and they hereby are constituted a board of health for the said vil- health. lage, and that the president of the said village, or in his absence the president pro-tempore, shall be president of the same; and also that the clerk of the said board of trustees, shall be clerk of the said board of health, and keep the minutes of the proceedings of the same.
25. And be it further enacted, That it shall and may be lawful Health pbs. for the said board of health, by warrant under the common seal of Sic the said village, annually to constitute and appoint any physician, being an inliabitant of the said village, to be health physician in and
for the said village; whose duty-it shall be to visit all sick persons who may be reported to the said board of health, conformable to the twenty-ninth and thirtieth sections of this act, and to report with all convenient speed his opinion of the sickness of said persons, to the president of the said board of health :-and it shall be the duty of the said health physiciau to meet daily at the office of the board of health from the first day of June until the first day of October in each year, with one or more members of the board of health, for the transaction of business; and it shall also be the duty of the said health physician to visit and inspect all vessels coming to the wharves, landingplaces, or shores in the said village of Brooklyn which are suspected to have on board any pestilential or infectious disease, and all stores which are suspected to contain putrid or unsound provisions, or damaged hides, cotton or other articles, and to make report of the state of the same with all convenient speed to the presi
dent of the board of health. Quarantine 26. And be it further enacted, That no vessel, subject to the regulations. ons. examination of the health officer of the port of New-York, shall ap
proach the village of Brooklyn beyond the place assigned, at present, for quarantine at Staten Island, without a permit from him, which permit the said health officer is hereby authorised to grant, with or without qualification; and that the master or commander of every such vessel arriving at the village of Brooklyn, shall, within six hours after such arrival, deliver such permit to the president of the board of health of said village, or to such person as he shall direct; and every master or commander neglecting or refusing to comply with either of these directions, shall for every such offence be considered guilty of a misdemeanor, and on conviction, shall be fined, by any court having cognizance thereof, in a sum not exceeding two hundred and fifty dollars, or be imprisoned for a term not execeed. ing six months, or both; said fine when paid to be applied by the board of health to the purchase, hire or erection, support and maintenance of a public hospital for the said village, herein after men
tioned. Infected 27. And be it further enacted, That in case any vessel or vesvessels.
sels shall be at or near any of the wharves, landing places or shores of the said village, and the said board of health shall believe that such vessel or vessels are dangerous to the inhabitants of the said village, in consequence of their bringing and spreading any pestilential or infectious disease among the said inhabitants, or, having just cause to believe that if the said vessel or vessels are suffered to remain at or near the said wharves, landing-places or shores, it will be the cause of spreading among the said inhabitants any pestilential or infectious disease, that it shall and may be lawsul for the said board of health, by an order in writing, signed by the president of the said board, or in his absence by a majority of the said board, to order such vessel or vessels to remove to the distance of at least five hundred yards from the wharves, landing-places and shores of the said village, within six hours after such order shall be delivered to the person or persons having the care or command of such vessel or vessels, or to the master, owner or consignee thereof; and in case the person having the care or command of such vessel or vessels, or the master, owner or consignee thereof, after service of such order on them, shall neglect or refuse to comply with the requisitions thereof, he or they