Qualifications of voters at tax-meetings. Vote upon tions, by ballot. the purposes voted, may be disposed of and applied to other purposes by a vote of the annual tax-meeting. § 3. No person shall be qualified or permitted to vote at any annual or special tax-meeting, who shall not appear on the last annual assessment-roll to have been assessed or taxed for real or personal property; and all meetings for voting taxes shall be called for and commence at one o'clock and continue open until four o'clock in the afternoon. § 4. The votes upon any tax or appropriation of money shall be appropria- taken by ballot, prepared by the board of trustees, by each legal voter passing between two inspectors, who shall, at each meeting, be appointed from among the legal voters present, by the presiding officer of the meeting; and such inspectors shall, as soon as the polls are closed, report the result to the meeting, and file a certificate of the same with the village clerk. Result, how filled. Extraordinary or special tax, trus tees to submit estimate of, to meeting. Notice, Proceedings there at. § 5. Whenever the board of trustees shall be of the opinion that the interests of said village require the expenditure for any extraordinary or special purposes, which in their opinion cannot be paid from the sums specified in section two of title five of this act, or from the sum specified in section seven of title six of this act, or from any sum or special tax- sums recommended and voted at the annual tax-meeting, they shall have the power to make an estimate of the sum necessary to be raised for said purposes, and to state the amount and the objects for which it is required, together with the reasons for their opinion, and cause the statement to be published in one or more village papers two weeks successively preceding the day of election. The trustees shall desighow given. nate some central and convenient place in said village for holding the polls of said election. The trustees shall be inspectors of the poll of said election, in the same manner as at charter elections in said village. Every resident of the village, of the age of twenty-one years, whose name shall be in the assessment-roll, or who may be liable to be assessed for said special tax made by the assessors of said village, next preceding said special election, and upon whose property, a tax shall be assessed or imposed in or by said roll, and no other person or persons whatever, shall be entitled to vote at such special election. The said assessment-roll made by the assessors, or a copy thereof, certified by the village clerk and the president of said village, shall be evidence of the names and assessment as aforesaid. On the ballots deposited at said special election shall be written or printed, or partly written and partly printed, on the inside thereof, the words "for special tax," or against special tax." The said trustees or inspectors shall canvass the votes received at the said special election immediately after closing the polls, without adjourning, and then make a certificate under their hands, or the hands of two.of them, stating the whole number of ballots received, the whole number for "special tax," and the whole. number "against special tax." The said certificate, if received by the president or elerk, shall be delivered by them to the board of trustees at their next meeting after the said election, and the said trustees shall cause the result of said election, as appearing by said certificate, to be entered in their minutes; and if it shall appear that the whole number of votes received at such election with the words "for special tax shall exceed the whole number of votes with the words "against special tax," it shall be the duty of the board of trustees to cause voted, how the said sum of money so voted for to be assessed, levied, and collected in one or not more than five successive annual installments thereafter, and in the same manner, and with the same power and authority as herein described and conferred in reference to the annual taxes for Form of ballots. Canvass and certiflcate of result. Money assessed and collected. 66 1 when au money, in tax. said village. In case a majority of votes are for "special tax," the to keep of special sanitary fees of. and war therefor. 6. The board of trustees shall fix the compensation of the village Village collector for collecting the taxes, not exceeding five per cent of the collector, amount actually collected by him. The tax-roll shall be delivered by the president to the collector forthwith, with a warrant thereto annexed, under the hand of the president and seal of the corporation, commanding such collector to receive, levy and collect the several Tax-roll sums in the roll specified, as assessed against the persons or property rant, how therein mentioned or described, together with such rate per cent, upon executed. said sums for collecting the same as the board of trustees shall have fixed in manner provided by law for the collection and levying of county taxes by town collectors, and to return said warrant and roll within ninety days after the date of the warrant. At the time of the Collector delivery to him of any such roll and warrant, the collector shall de- to receipt posit with the village clerk, a copy of the warrant thereunto annexed and indorsed thereon, a receipt acknowledging the reception by him. of the original roll and warrant as the village collector; and thereupon Powers he shall proceed to collect the taxes in said roll specified in the man- and duties ner provided by law for the collection of county taxes, and shall have lector. and possess all the powers and authority conferred by law on the collectors of county taxes, and shall in like manner pay over all moneys collected by him to the village treasurer, and shall take his receipt therefor, and shall make return to the village clerk of the amount collected and paid over by him, and of the taxes remaining To make unpaid; and by making oath before the clerk similar in all respects to unpaid the oath required by law of collectors of county taxes, he shall be taxes. credited by the village clerk with the amount so remaining due and unpaid. The collector shall deposit all moneys in his hands with the Payments village treasurer from time to time, as the board of trustees shall treasurer. direct. of col return of to village upon un § 7. All taxes or assessments which shall remain unpaid for thirty Interest days after the final return of said warrant shall bear interest at the paid taxes, rate of twelve per cent per annum from and after the date of said re- etc. turn and shall be collected as directed herein either by the sale of the Collection estate assessed as herein provided or by suit against the party liable law. by suit at to pay such assessment or tax, or the same, if not so collected, shall be added to the amount or sum taxed or assessed against such party or parties to the next annual tax or assessment; and when so added Re-assess the total sum or amount shall be collected in the same manner or either of them as herein provided. ments. Renewal of tax. warrants, by trustees. Lands, sold, for unpaid taxes. § 8. The board of trustess may renew from time to time any warrant issued for the collection of any tax or assessment, whenever any tax or assessment shall be returned uncollected, or issue a new warrant for the collection thereof, and in such renewal or warrant specify the time when the same shall be returned, and direct the collection of the interest on such taxes or assessments as the same is given to the village by this act, and the same proceedings shall be had thereon as upon the first warrant, and such extension shall in no event affect the validity of the bond given by the collector and his suretics. § 9. When any person whose property or estate shall be assessed or when to be taxed shall fail to pay the tax or assessment, and the collector cannot collect the same, and shall make return thereof, the trustees shall cause the estate so assessed to be sold at auction for a term of time for the payment of such tax or assessment, giving six weeks notice of such sale by putting up notices in five public places in the village, and giving six weeks notice of such sale in one or more of the newspapers Manner of published in said village, and same shall be sold to the person who shall take it for the shortest time for the payment of such tax or assessment, with interest at seven per cent, and the expense of such notice and sale. Before the time of sale, the party liable for the tax, or his representative, may avoid the sale by paying the tax to the treasurer, with twelve per cent interest thereon, and expense and notice of sale. sale. Redemp tions from sale. when to be § 10. At any time within a year after such sale, the owner or owners of the estate, or their representatives, may redeem the same by paying to the purchaser thereof (if he shall have paid the tax and interest and expense of sale), the tax, expenses and interest thereon at twelve per cent per annum from the date of the payment by the purchaser; in case the purchaser has not so paid them by paying to the treasurer of the village the tax, expense of sale, and interest at twelve per cent per annum, from the time the tax was returned unpaid, and notifying the clerk of such payment. If such tax, expenses and interest are not paid within one year from the date of sale, then the trusCertificate, tees shall deliver to the purchaser of the estate a certificate of such delivered sale, under the seal of the corporation, and signed by the president, the execution of which may be acknowledged or proved as a deed, and, upon the receipt of such certificate, the purchaser may proceed to serve upon the holder or owner of any lien upon such estate, or any part thereof notices in writing of such sale, and that unless redeemed within six months from the time of such service of notice, such certificate purchaser. may be recorded in like manner and with like effect as in case of other conveyances of real estate. Such certificates shall be presumptive evidence of the statements contained in all courts and places, actions and proceedings. Rights of § 11. The purchaser receiving such certificate, or his representapurchaser, tives, may, in case the land is not redeemed as herein provided, enter lands, etc. into and occupy the same during the term for which it was sold, and shall be at liberty within the term aforesaid to remove all the buildings and materials which he may erect or place thereon. to purchaser, by trustees. Proceedings, by to occupy Trustees, when au § 12. In case the collector shall return that a tax or assessment on thorized to any estate is unpaid, and he is unable to collect the same, the trustees bring civil are authorized and empowered, after the lapse of thirty days after the tax. to be a lien lands. date of such return, to prosecute a civil action against the owner or action for owners of such estate in the corporate name of the village and recover judgment for such tax, with twelve per cent interest thereon, and all necessary costs and expenses of said action. Said trustees may cause Judgment a transcript of such judgment to be filed and said judgment docketed therefor, in the county clerk's office of the county wherein the village is situ- upon ated, and the same, however small the amount, shall thereupon become a judgment of the county court and be a lien on all real estate of the judgment debtor situate in the county where said judgment is docketed, and such real estate may be sold on execution issued to the sheriff of the county where the judgment is docketed, if not collected. out of the personal property of the debtor in the manner provided by law; and all the provisions of law in reference to sale and redemption Laws apof real estate on execution shall apply to sales and redemptions under this act. etc. have pow missioners injuries Ice), limi cable to 813. The trustees shall be commissioners of highways in and for said Trustees to village, and shall have all the powers of commissioners of highways of ers of highthe several towns of the State subject to this act; except that they shall way com not be liable as such highway commissioners, neither shall the village in village. of Penn Yan be liable for any damage or injury arising from an Liability of accumulation of snow or ice upon any of the sidewalks or public village for places within the corporate limits of said village, unless written notice (snow or shall have been served upon the board of trustees, or upon the village ted. clerk, at least twenty-four hours before the happening of such damage or injury, which said notice shall be signed by the party giving the same, and shall set forth and describe the place complained of, and not then, unless the party injured shall within thirty days after the time of sustaining any such injury give written notice to the board of trustees of the claim made, and the exact time and place where the said accident occurred, and how the same was caused. Said trustees are Powers of empowered and authorized to lay out, alter, open or discontinue any as to street in any part of the corporation, of such width and in such place streets, as they shall deem necessary and proper and may provide for and direct etc. the raising, grading, leveling, paving, repairing, mending, planking, macadamizing and cleaning, any street, alley, bridge or sidewalk in said village. The commissioner or commissioners of highways in each Town highof the towns in which said village is situated, shall, before the first missioners, day of March in each year, pay over to the treasurer of the village such ratable portion of the moneys raised in said towns for the ordinary repairs of proportion highways as the assessed value of the property in the village in such towns bears to the whole assessed value of the town by the last pre- eys, to ceding assessment-roll of the town. All bridges now built or here- Mainteafter to be built, across the stream called the outlet of Keuka lake, in nance of said village, shall be repaired, built and rebuilt, when necessary by the bridges by town of Milo, or by the county of Yates, in the same manner as though this act had not been passed. trustees, way com to pay of high way mon village. certain Milo. street § 14. The pay or salary of the street commissioner and other per- Salary of sons who may be appointed by the trustees to superintend or work on commisthe highways from time to time, shall at all time* be paid out of the sioners, how paid. highway fund; and the said highway fund shall not be applied or appropriated to any purpose whatever except such as is specified in this act. §15. The board of trustees shall have power to cause any street, Trustees to alley, lane or highway in said village to be curbed, leveled, graded or determine graveled, and to cause crosswalks, sidewalks, public drains, sewers and of cost of *So in the original. proportion street work, payable for benefits, etc. aqueducts to be made, relaid or repaired in said village; and to determine, by resolution to be entered in the minutes of the proceedings of the board, what part or portion of the expenses of any such improvement, made or directed under this act, shall be defrayed out of the highway fund, and also what portion of said expenses, if any, shall be assessed on any real estate or lot which they shall judge to have been particularly benefited by such expenditure and improvement. If they shall make any such determination in relation to particular benefits, Certificate, they shall make a certificate thereof, and file the same with the clerk, how filled. who shall enter the same in the minutes of the proceedings of the board. Such certificate shall specify what real estate or lot is so benefited, the name of the occupant or owner thereof, if known, the amount of such benefit, and a brief description of the real estate or lot on which the amount of such benefit is chargeable, which amount shall be a lien thereon, and may be recovered by the village in an action brought benefited. therefor against the occupant or owner of said real estate or lot, together with costs and interest from the date of filing such certificate. If the said amount of benefit shall not be paid, or the owner of said real estate Sale of or lot shall be a non-resident, the trustees shall proceed to sell the same and collect said amount thereby, together with the interest, costs and charges of sale, in the manner directed by section nine of this title, to collect a tax by sale of real estate. All farm lands within the bounds of said village shall be subject to taxation in like manner as other lands in said village. To be a lien upon lands therefor. Farm lands, how taxable. Special police con pointment TITLE VI. SECTION 1. The president of said village, when in his opinion necstables, ap- essary for the preservation of peace and good order in said village, may appoint special police constables, who shall possess and exercise the same powers and duties, be subject to the same liabilities as are conferred upon the chief of police by section six, title six of this act, and entitled to receive the same fees, but the president or the trustees may at any time remove them. ers. Criminal proceed 2. Persons charged with the commission of any offense specified ngs, how in this act, which is by the existing law a crime or misdemeanor, may be proceeded against according to the present provisions of law, or according to this act. brought. Public health, proceed ings to guard. Summary proceed magis trates, for vio lating ordinances. § 3. The trustees may, and it shall be their duty to take precautionary measures to guard the public health in times of infectious and pestilential diseases, and to provide against them when they appear in the village, by providing places for the removal of persons having such diseases from the populous parts of the village, and to pay the expenses incident to such removal and they shall have the power to remove such persons. § 4. Whenever any person, charged with having committed an Ings before offense, violated any ordinance or by-law of the village, shall be brought before a magistrate on such charge, such magistrate shall have power and authority, and it shall be his duty, in a summary manner to try such person upon such charge, and to hear and determine the same, and upon conviction of the person so charged, to punish such person by a fine not exceeding fifty dollars, or by imprisonment in the county jail of Yates county for a period not exceeding sixty days, or by both such fine and imprisonment. Chief of police, power § 5. The chief of police shall have power, and it shall be his duty, to keep order in all public places in said village, and to arrest all per |