A further as. 49 ament.

to remain a fien until paid.

ment, such lot will 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 sum assessed on the same, for the expense aforesaid, with the interest thereof; and if notwithstanding such notice and demand, the owner or owners shall refuse or neglect to pay such asɛessment, with the charge of appraisement and advertisement, and the interest as aforesaid, then it shall be lawful for the said board of trustees to cause the said lot 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 declaration of such sale to the purchaser thereof, under the common seal of said village; and such purchaser, his executors, administrators and assigns, shall, by virtue thereof and of this act, lawfully hold and enjoy the same, for his and their own proper use, against the owner or owners thereof, and all claiming under them, until his term shall be complete and ended, being at liberty to remove all the buildings and materials which he or she shall erect or place thereon, but leaving the ground with sufficient fence, and with the street or streets fronting the same in the order required by the said regulations.

XX. And be it further enacted, That if upon the completion of any suck regulation as aforesaid, it shall appear to the board of trustees of said village, a greater sum of money has been bona fide expended in making such regulation than the sum estimated and colJected as aforesaid, it shall then be lawful for the said board of trustees to cause a further assessment, equal to such excess, to be made and collected in manner aforesaid: And further, that in case the sum actually expended shall be less than the sum expressed in the said estimate, and collected as aforesaid, the surplus shall be forthwith returned to the persous from whom the same were collected, or their legal representatives.

XXI. And be it further enacted, That the amount and estimate Assessment of every assessment, shall be and remain a lien on the lot or lots so assessed, from the time of the completion and return of such estimate, in manner aforesaid, until paid or until otherwise satisfied; and that it shall be lawful for the said board of trustees, instead of the reme. dies herein above provided, if they shall see fit, in case any owner, occupant or other person interested, in any house and lots within the said village, shall neglect or refuse to conform his lot to such regulations as aforesaid, to conform the same to such regulations at their own expense, and to sue for and recover the amount of that expense from the owners, occupants or other persons interested in said lots, or their legal representatives, with interest and costs, in any court with in this state having cognizance thereof, in an action on the case, for such money by them paid, laid out and expended, for such owners, occupants or other persons interested therein; and the said estimate or assessment, with the proof of the amount and payment of the said expense, shall be conclusive evidence for the plaintiffs in every such action.

May alter &

XXII. And be it further enacted, That if in the opinion of said open streets. board of trustees, the public interest of said village requires that any street or alley in said village should be altered, by widening or altering the course of the same, or that any new street should be laid ou

To assess

and opened in said village, that the land of any person or persons, on which no building is then erected, is necessary to be taken for either of said purposes, the said board of trustees shall have power to alter, or lay out and open any such streets, and shall give notice of their intention to take such land and appropriate it for such streets, to the persons interested therein, or to his or their agent or legal representatives; and the said board of trustees shall treat with such person for the same; and if any such person shall refuse to treat for such ground, or other real estate, with the appurtenances, or the board of trustees cannot agree with such person for the same, it shall be lawful for the president, and any two or more trustees, by a precept under their hand and seal, to command any constable of the said village to impannel and return a jury of twelve freeholders of said village, to appear before the president of said village within six days from the day of the date of said precept, to enquire and assess the damages damages. and recompense due to the owner or owners of said ground, or other real estate, with the appurtenances; at the same time to summon the owner or owners of such ground, or other real estate, and the appurtenances, or bis or their agent or legal representatives, by writ ten notice to be left at bis, 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; which jury being duly sworn, faithfully and impartially to inquire into and assess the damages in question, and having viewed the premises, (if necessary) shall enquire of and assess such damages and recompense, as they shall, under all the circumstances, judge fit to be awarded to the owner or owners of such ground, or other real estate or appurtenances, for their respective losses, according to their several interests and estates therein, and the verdict of such jury, and the judgment of the said president thereon, and the payment of the sum of money so awarded and adjudged to the owner or owners thereof, or tender, or refusal thereof, shall be conclusive and binding against the said owner or owners, his, her or their respective heirs, executors, administrators and assigns, claiming any estate or interest of, in or to the same ground, or other real estate and appurtenances; but the said board of trustces shall not be allowed to take possession or appropriate any such land, until after the payment of the money so awarded as aforesaid; and in order to provide for the payment thereof, the said board of trustees shall cause the same to be assessed upon the owners and occupants of lots intended to be benefited by such improvement, and collected in the same manner in which estimates and assessments are directed to be made and collected in and by the eighteenth section of this act; and on the payment of the same money, so awarded as aforesaid, it shall thereupon be lawful for the said board of trustees of said village, to cause the same land to be converted to and used for the purposes aforesaid: Provided however, that any person aggrieved by Proviso. any assessment made under this section of this act, shall have a right to appeal to three disinterested commissioners, to be appointed by the supreme court of this state.

XXIII. And be it further enacted, That where any known owner or party residing in the said village, or elsewhere, shall be an in- Court to apfant, and any proceedings shall be had under the twenty-second sec- point guard tion of this act, it shall be lawful for the court of common pleas of tants.

ans for in

President,

salaries.

the county of Oneida, upon application to them by the board of trus tees of the said village, or by such minor, to appoint a guardian for such infant, taking security from such guardian, for the faithful exe cution of his trust; and every subsequent notice and summons under the said section, shall be made and served on such guardian, instead of such infant: And it shall be the duty of such guardian to appear in said court and to protect the right and interest of said infant.

XXIV. And be it further enacted, That it shall and may be lawful for the board of trustees of the said village, to give and to &c. to have graut unto the president thereof, for the time being, in lieu of all fees and perquisites, such salary per annum, not exceeding the sum of two hundred and fifty dollars, as such board of trustees may direct, payable out of the treasury of said village, quarter yearly; and thereupon all sums of money payable to the said president for his services, shall be paid into the treasury of the said village, for the use thereof; and the treasurer, clerk and collector or collectors of said village, shall also be paid out of said treasury such compensation for their services, as the board of trustees shall deem reasonable and proper.

Treasurer,

bonds.

XXV. And be it further enacted, That the treasurer and col&e to give lector, or collectors, and constables of said village, before they epter upon the duties of their respective offices, shall severally execute their bonds to the trustees of said village, in such sums, and with such sureties, as the board of trustees shall approve, conditioned that they shall faithfully execute the duties of their respective offices; and all the judicial and ministerial officers of said village, shall respectively, before they enter upon the execution of their respective offices, take and subscribe before one of the magistrates residing in said village, the oaths directed to be taken by judicial and ministerial officers respectively, in aud by the third and ninth sections of an act, entitled" an act concerning oaths," and cause a certificate of the oath so taken to be filed in the office of the clerk of said village, within eight days alter the taking and subscribing the

How paid.

same.

XXVI. And be it further enacted, That the assessment to work Assessments, on the highways, directed to be made by the commissioners of highways, in and by the act, entitled" an act to regulate highways," shall, in the said village of Utica, be paid in money, instead of work on the highways, at the rate of sixty-two and a half cents for each day's work assessed; which assessment the commissioners of highways of said village may make out, and the same shall be collected of the several persons assessed by the collector or collectors of said village, by virtue of a warrant to be issued by the board of trustees of said village, under the seal of the same, in the same manner as taxes are by this act directed to we collected, and paid to the treasurer of said village, to be expended in making and keeping in repair the highways, bridges and roads of said village, in such manner as the same commissioners shall judge most beneficial to the public; which highways, roads and bridges, it is hereby made the duty of said commissioners to make and keep in repair; and that the said village of Utica shall, for all the purposes contemplated by the act, entitled "an act to regulate highways," and the act, entitled an act for the assessment and collection of taxes," and the act, ea

66

titled "an act for regulating elections," and the act, entitled “an act for the better establishment of common schools," and in all respects not otherwise provided for, and directed by this act, be considered as a town: and the duties required of the clerks of the city Clerks duties of New-York, Albany, Hudson, Schenectady and Troy, respectively, by the sixth section of said act, entitled "an act for the assessment and collection of taxes," shall be performed by the clerk of the village of Utica: And further, that all elections to be held within the said village of Utica as a town, under and by virtue of the aforesaid act, entitled" an act for regulating elections," the supervisors, assessors and clerk of the said village, for the time being, shall be the inspectors of such elections, and shall, as such inspecters, conform in all things to the directions contained in said last mentioned

act.

XXVII. And be it further enacted, That out of the school monies apportioned from time to time to the county of Oneida, accord- school moting to the provisions of the act for the better establishment of com- ies. mon schools, the village of Utica shall have its proportion with the towns of said county, which money shall be paid by the treasurer of said county to the treasurer of the said village of Utica, and shall be expended by the board of trustees of said village, for the support of a free school in said village, for the education of such poor children residing in said village as shall, in the opinion of said board of trustees, be entitled to gratuitous education: Provided always, That the board of trustees of said village shall account annually to the treasurer of said county for the faithful application of such money, according to the true intent and meanining of this act.

XXVIII. And be it further enacted, That all the real and perso nal property belonging to the twelfth school district of the town of Whitestown, (which is co-extensive with the village of Utica) or which is held in trust or for the use of said school district, shall be and hereby is declared to be vested in the trustees of said village, in trust for said free school, and shall forever hereafter be held in trust for said free school.

ed for free

XXIX. And be it further enacted, That the board of trustees of said village, or a majority of them, may annually in every year 100 dollárs hereafter, cause to be raised and levied on the inhabitants of the may be raise said village, such sum of money, not exceeding one hundred dollars, school. as shall, in the opinion of said president and trustees, or a majority of them, be sufficient to keep the school house, erected for such free school, in repair, and to purchase fuel and other appendages for said school, which sum shall be collected in addition to the sums herein before authorised to be raised in said village, by adding to the tax assessed on each inhabitant, his due proportion according to the last previous assessment of the real and personal estate of the said inhabitants respectively; which sum, so added, shall be collected by the collector of said village, as the other taxes are herein before directed to be collected in said village.

XXX. And be it further enacted, That from and after the passing of this act, all that part of the town of Whitestown, within the limits of the village of Utica, as described in this act, shall be, and hereby is erected into a separate town by the name of Utica.

Town of U

XXXI. And be it further enacted, That this act shall be a public act, and shall be construed in all courts and places favorably for every beneficial purpose therein intended.

Witnesses.

СНАР. СХСІІІ.

AN ACT to amend the act, entitled " an act to vest certain powera in the freeholders and inhabitants of the village of Montgomery, in the county of Orange,” passed February 17, 1810.

Passed April 11, 1817.

I. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That any justice of the peace of the county of Orange, residing in the said village of Montgomery, any freeholder or inhabitant of said village, shall be and hereby are declared competent, respectively, to give testimony in any cause wherein the said trustees are par ies, notwithstanding any remote interest they may have in the event of such suit, as members of the corpoLots may be ration of said village.

sold for taxes

Proviso.

lay out

streets.

II. And be it further enacted, That in case any tax, assessed upon the owner of any real estate lying in said village, cannot be collected by distress of personal property in possession of the occupant, or in case no person shall be in the occupation of such real estate, then it shall be lawful for the said trustees, and their successors, or a major part of them, to cause so much of the real estate, so charged with said tax, as they may deem sufficient therefor, to be sold at public vendue, within said village, for the lowest term of time that any person or persons shall offer to take the same, in consideration of advancing the sum assessed, and the expenses of such assessment and sale, giving one month's notice thereof in one of the newspapers printed in the said county of Orange, (if any) and in the paper printed by the printer of this state; and to execute to the purchaser or purchasers thereof a sufficient conveyance for the same; and the said purchaser or purchasers, his, her or their heirs, executors, administrators or assigns, shall and may by virtue thereof, and of this act, ławfully hold and enjoy the same, for his, her or their own proper use and benefit, against the owner or owners thereof, and all persons claiming under him, her or them, until his, her or their term shall be fully completed and ended, being at liberty to remove all the buildings and improvements which he, she or they may erect or place thereon: Provided, the same be removed within a reasonable time after the termination of said term.

III. And be it further enacted, That whenever the said trustees, or a major part of them, shall deem it necessary or proper, it shall be May open & lawful for them to lay out, open or widen any street or alley within the said village, or to remove any building, erection or obstruction, for the improvement of any street or alley already laid out or opened, without being considered as trespassers; and if the said trustees, or a major part of them, cannot agree on the value of the lands so taken in the laying out, opening or widening of any street or alley, as aforesaid, or of any building, erection or obstruction so removed