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Repeal.

Village

tax.

For bonded debt.

Judgments.

taxes.

each election district, all of whom shall be elected by ballot, by the electors of said village; a recorder, village clerk, street commissioner, police constables to such a number as the board of trustees may appoint, and a board of health as required and provided by the statutes of this state, all of whom shall be appointed by the board of trustees as hereinafter provided by this act; and such other officers to be appointed or elected, as are or may be authorized by this act or by the general statutes of this state. The officers elected, or appointed, shall hold their respective offices during the term prescribed by this act, or until their successors shall be duly qualified.

§ 2. Section three of title five of said chapter, is hereby repealed. § 3. Section six of title five of said chapter, is hereby repealed. § 4. Section one of title seven of said chapter is hereby amended to read as follows:

The board of trustees may raise by tax upon the taxable property and inhabitants of said village the several sums that may be appropriated by vote at any annual or special election, and in addition thereto, the sums specified in the following subdivisions:

1. A sum sufficient to pay all installments of principal and interest on the bonded debt of the village of Plattsburgh, except as may be otherwise provided for.

2. A sum sufficient to pay any judgment recovered against the village.

Refunding 3. A sum sufficient to refund the taxes collected on erroneous assessments.

Fire department.

Streets, etc.

Sewers.

Salaries and expenses,

4. A sum sufficient to pay the current expenses of the fire department, not exceeding one thousand dollars.

5. A sum sufficient to pay the current expenses of maintaining streets, sidewalks and public grounds, not exceeding seven thousand five hundred dollars.

6. A sum sufficient to pay for building, laying and maintaining sewers and drains, not exceeding three thousand dollars.

7. A sum sufficient to pay the salaries of the officers of said village, contingent expenses and other general purposes, not exceeding three thousand five hundred dollars.

8. A sum sufficient to pay the salaries and expenses of police officers and department, not exceeding four thousand dollars.

taxes.

9. Such further sums for special purposes as shall have been Special duly authorized by vote as provided in the next section.

§ 5. Section four of title VII of said chapter is hereby amended so as to read as follows;

ment-roll.

§ 4. The board of trustees shall cause a copy of the annual Assess preceding assessment-roll of the town of Plattsburgh to be made, so far as the same relates to, and embraces real and personal property within the boundaries of said village, and when said copy of said town assessment-roll is duly adopted by the board of trustees, and duly verified by the president of the board and village clerk, the same shall be the assessment-roll of said village. §6. Section five of title VII of said chapter is hereby amended so as to read as follows;

of same on

5. The board of trustees shall after said assessment-roll is Assessment of tax. completed and verified, levy and assess the village tax as herein authorized. They shall rate and apportion the same, or cause the same to be rated and apportioned, among and upon the owners or occupants of real and personal property, incorporated companies and associations, and land of non-residents in said village in just proportion, in the same manner, as near as practicable as county taxes are by law assessed by the board of supervisors of the several counties of this state, and they shall be invested with the same powers, as far as is consistent with the provisions of this act, as such boards of supervisors have in relation to the apportionment of taxes. They shall extend Extension such tax or cause the same to be done, on the said completed roll. assessment-roll, or a duplicate thereof. They shall include in said tax the village expenses as herein provided and in appropriate separate columns such special taxes for extraordinary purposes as shall have been voted; also all necessary and proper assessments for special purposes and local improvements as are at that time ready to be collected; but this section shall not be construed to prevent a special assessment and tax-roll whenever necessary. The tax-roll, when perfected and finally com- Filing of pleted, shall be filed with the village clerk on or before the first day of April in each year, and when so perfected, completed and filed, shall be a lien on the real estate described therein, to the amount of the several taxes and assessments therein contained, and such lien shall have priority over all other liens and incumbrances. When the tax-roll shall be so filed with the

tax roll.

Warrant

for collec

Duty of receiver of taxes.

village clerk, a warrant shall be annexed thereto, under the tion of tax. hands of the president and clerk of the village, and the seal of the corporation, similar in form to the one prescribed by law for the collection of town and county taxes, with the same rate per centum, specifying therein, within what time the same shall be returned, and said tax-roll and warrant shall be forthwith delivered to the receiver of taxes. At the time of the delivery to him of any such roll and warrant, the receiver of taxes shall deposit with the village clerk, a copy of the warrant thereto annexed, and indorse thereon a receipt acknowledging the recep tion by him of the original roll and warrant, as receiver of taxes, who shall proceed to collect such taxes in manner and form as prescribed in the law creating a receiver of taxes for the town and village of Plattsburgh, and the union school district of said town.

Meeting for consideration of im

§ 7. Section ten of title VIII of said chapter is hereby amended so as to read as follows;

§ 10. The board of trustees shall attend at the time and place provement, specified in said notice, for the consideration of the proposed improvement, and may then at any subsequent time, to which an adjournment may be made, take the testimony of witnesses pertinent to the matter under consideration upon oath, which the president or clerk may administer to the witnesses produced before the board of trustees.

Decision of trustees.

Damages,

how determined.

§ 8. Section twelve of title eight of same chapter is hereby amended so as to read as follows:

§ 12. If after such hearing and consideration by the said board of trustees, the said board of trustees shall decide to proceed with the proposed improvement, by vote of at least two-thirds of all the members thereof, they shall declare their decision by a resolution, to be entered in the record or minutes of their proceedings, which resolution shall contain a description of the lands proposed to be taken, with the location thereof, and the purpose for which the same are designed to be used.

§ 9. Section thirteen of title eight of same chapter is hereby amended so as to read as follows:

§ 13. The damages claimed by reason of such improvements may be determined by agreement between the board of trustees and the persons claiming the same, in all cases where the dam. ages do not exceed one thousand dollars; but if not so deter

agreement.

mined the board of trustees shall then cause said resolution to Proceedings in case be published two weeks, in one or more newspapers published in of nonsaid village together with a notice signed by the president, notifying all persons interested in the lands to be taken for the proposed improvement, of their said determination and requesting them to file their claims for damages with the village clerk, on or before a day therein specified; and that an application will be made to a special term of the supreme court of the fourth judicial district, for the appointment of three commissioners, to ascertain and determine the damages sustained by the persons whose property is to be taken or injured by the proposed improvement, and to determine the sums to be allowed to such persons respectively.

§ 10. Section twenty-one of title eight of same chapter is hereby amended so as to read as follows:

commis

§ 21. The said commissioners shall ascertain and report a Report of description of the several parcels of real estate required to be sioners. appropriated, with the names of the owners, if the same can be ascertained and the compensations, if any, which should be made to them respectively therefor, what the whole expense will amount to. In estimating the damages sustained, or to be sustained, by Duty in estimating any owner of land so taken or appropriated, the commissioners damages. shall take into consideration the benefits, if any, which said improvement will be to other land owned by him, and deduct the same from his damages; and if such benefit shall exceed the damages, the same shall be specified in their report. If there be any buildings on the land so taken for such improvement, the value of such buildings to be removed shall be ascertained in their assessments. The commissioners shall make and file with the Filing of report. village clerk their report within thirty days after they shall have received notice of their appointment, unless further time shall be given them by the board of trustees. They shall each receive Compensathree dollars per day for their services while actually engaged, missioners. beside all necessary expenses.

§ 11. Section twenty-two of title VIII of same chapter is hereby amended so as to read as follows;

tion of com.

filling

§ 22. Within ten days after the filing of the report of the com- Notice of missioners, the village clerk shall give public notice, by publica- report. tion, for at least two weeks in one or more of the newspapers published in said village, that the same has been left with him,

Appeals to County clerk.

commis

sioners.

where the same will remain for inspection for the period of fifteen days, from the first publication of said notice.

§ 12. Section twenty-three of title VIII of same chapter is hereby amended so as to read as follows;

§ 23. Any person, or the board of trustees of said village, considering himself aggrieved by such report may, within ten days after the expiration of the time specified in the notice of publica tion, appeal to the county court of Clinton county, by filing with the village clerk, and by serving on each of the commissioners, a notice of appeal, stating the ground thereof. The appellant shall at the same time pay to each of the commissioners ten dollars Return of for their returns. The commissioners, or a majority of them, shall, within ten days after the service of such notice, return to the county court and file with the clerk of Clinton county, a full return of all the evidence and proceedings taken before them. Such commissioners may be compelled to make their return or to amend the same, at any time within ten days after the filing thereof, in the same manner as the returns of justices of the Argument. peace. On five days notice by either party the appeal may be brought on to argument, on the commissioners report, the return of the commissioners and the notice of appeal. The county court may, in deciding such appeal, revise questions of fact as well as law, and affirm, modify or disapprove such report, as said court may deem proper, without reference to technical objections. If the court shall modify or disapprove the same, the court may refer it back, with instructions to the commissioners for correction, or the court may appoint three other commissioners to assess anew the damages, who shall proceed in all respects as the commissioners making the previous report are required to proceed. On the coming in of their report, the same shall be filed with the village clerk, and the same proceedings had, as in the previous appeal.

Powers of court.

Confirmation of report.

§ 13. Section twenty-five of title eight of same chapter is hereby amended so as to read as follows:

§ 25. After the time for reviewing and correcting such assess ment shall have expired and after the same has been completed and filed together with the report of said commissioner and the time prescribed for an appeal shall have expired, said report shall be confirmed by the court which appointed said commissioners, by a rule or order properly entered in the proceeding, upon a

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