order.

to be done,

cretion, or by leaving it with the person occupying or in possession of such premises, or by posting it on such premises. An affidavit stat- Service of ing the time and manner of service of such order shall be made and copy of filed with the clerk of said village and such affidavit shall be presumptive evidence in all events and proceedings of the facts therein contained. If such owner shall not do such work or cause it to be done Trustees to in the manner required by said order, within twenty-four hours after cause work the service thereof when the work to be done is the repairing of side- when landwalks, or within fifteen days when any other work is to be done, or neglects within such further time as the board of trustees may allow, the said same. board shall cause such work to be done, and all expenses incurred in doing the same and interest thereon at ten per cent may be collected of the owner of the premises adjoining, abutting, or in front of which Expense, such work shall have been done, either by action against such owner, covered. or with the next general village tax in the same manner as other village taxes are collected.

Owner

how re

tions in

4. To regulate or prevent the deposit of building material, the Deposit of building erection of staging or other structures for repairing or building pur- materials, poses; the moving of buildings; the making of excavations, and the excava construction of fences, steps, stairways, doors, platforms, awnings, streets,etc. sign-posts show-windows, swinging gates, and other structures in, upon, through, across or over the streets, sidewalks and public grounds of said village.

of obstruc

and dirt, in

5. To remove or compel the removal of such fences, steps, stairways, Removal doors, platforms, awnings, sign-posts, show-windows, swinging gates, tions, and other structures as are in, over, or upon the streets, sidewalks and snow le public grounds of said village; to remove or compel the removal of streets. snow, ice, dirt and other substances from the sidewalks, streets and gutters of said village, and to assess the expense of such removal upon the owners of the premises fronting, adjoining or abutting thereon, and to collect the same and interest thereon at ten per cent either by action against such owner or with the next general village tax in the same manner as other village taxes are collected.

locomo

6. To regulate, restrain or prevent the obstruction of streets by Speed of locomotives and cars; to regulate the speed of locomotives and cars tives. within said village, and by a two-thirds vote of all members of the Gates at board of trustees to require railroad companies to erect gates at cross- crossings, ings, to employ competent men to attend the same, or to employ compe- etc. tent flagmen at such crossings; and to restrain or prevent the unnecessary blowing of whistles, ringing of bells, and letting or blowing off of steam by locomotives or the stopping or standing of locomotives near bells, etc. street crossings on any of the railroads in said village, or the blowing or discharging of steam from factories or the boilers used therein into, upon, or over the streets of said village.

Ringing of

Street

7. To provide for and regulate the lighting of the streets, highways, lighting. lanes and public grounds and buildings of said village, with oil, gas, electricity, or other suitable means, and the protection and safety of the public lamps, lamp-posts, service pipes, wires, fixtures, machinery and appliances connected therewith.

trees.

animals

8. To regulate the planting, trimming and protecting and to order Shade the removal of ornamental and shade trees in and along the streets and public grounds of said village; to prevent and punish the hitching of To prohibit horses, teams or other animals to such trees and the breaking or injur- upon sideing of such trees in any manner; and to regulate or prohibit the driving, riding, or leading of teams, horses, cattle, sheep or other animals. and the hauling or moving of heavy objects upon or across the sidewalks of said village.

walks.

Street

names and

To accept streets dedicated

9. To give names to the streets and numbers to the lots and tenenumbers. ments; to change the same; and to compel the owners of lots and tenements to mark and maintain such numbers conspicuously thereon. 10. To accept, by resolution, of streets dedicated to the public by the owner or owners and to exercise the same control and authority to public. over such streets as over any street regularly laid out according to law or the provisions of this act. It shall also be the duty of the board of trustees to cause a map and description to be made of all the streets, highways, alleys, lanes, side and crosswalks, drains, sewers, public grounds and property in said village, heretofore laid out or which shall etc., how have been dedicated to the public or given to the village of Cortland,

Description of streets,

sewers,

recorded.

Notice of proposed

taking of lands for how pub

streets.

lished.

or used by the public for twenty years, or which shall hereafter be laid out, altered, discontinued or dedicated; which map shall be filed in the office of, and which description shall be recorded in a book kept by the village clerk, and which map and record shall be prima facie evidence of the facts therein stated in all actions and courts.

§ 2. Whenever the board of trustees shall intend to lay out, alter, widen, straighten, improve or discontinue any street, lane, alley, highway or public grounds, or make any other local improvement, which requires that private property shall be taken for public purposes, they shall, before ordering or making such improvement, give notice of their intention to take and appropriate the land necessary therefor, and to make such improvement, by causing such notice to be published for two weeks, in one or more of the newspapers published in said village, stating the time when they will act thereon; which day shall be at least two weeks subsequent to the first publication of the notice. Hearing of At such meeting, or at such adjourned or subsequent meeting, as the interested board of trustees shall order said hearing to be had, they shall hear such reasons as shall be given by, or on behalf of, persons interested Survey and for or against the making of such improvement. Previous to said lands hearing, the board of trustees shall cause a survey to be made, and posed to be monuments to be placed showing the line thereof, and a map of such proposed improvements to be made, designating thereon the lots, tracts and parcels of land which are deemed necessary to be taken, which map shall be at said meeting, for the inspection of persons interested, and shall be filed with the village clerk.

persons.

map of

taken.

pro

Order of trustees to

prove

ment. Discon

of streets,

§ 3. In case the board of trustees shall decide to make such improvemake im- ment, an order for the same shall be made and entered in the minutes. But no street, lane, alley or highway shall be discontinued without the consent in writing of two-thirds of all the persons owning land tinuance adjoining such street, lane, alley or highway, or the part proposed to be discontinued. And no such improvement the expense of which in requisite. whole or in part is to be defrayed by a local assessment, shall be made until first requested or consented to in writing by a majority in numbers of the owners representing a majority in amount as appears from improve the last preceding assessment-roll of the property to be assessed for such improvement.

consent

Consent, required for local

ments.

to take lands.

Notice of § 4. The board of trustees shall then cause to be published for at intention least two weeks, in one or more of the newspapers published in said village, a notice of the intention to take and appropriate the lands necessary to make such improvement specifying as near as may be the lands to be taken and notifying the person or persons interested therein, that at any time within said two weeks they may file their claims for damages with the village clerk, together with a notice that they will apply to the county court of Cortland county, either in term or in vacation, or to a special term of the supreme court in the sixth judicial

Filing of

claims for

damages.

Notice of

application to

ment of

commis

district, for the appointment of three commissioners, who shall be court, for freeholders and residents of said village, not residing on the street or appointadjoining the improvement to be made, and not interested in the land appraisal to be taken or assessed, to ascertain and determine the damages sus- sioners. tained by the several claimants, if any such claim shall have been mnade and filed, and to determine the sums to be allowed to such persons respectively, and to ascertain and determine what real estate will be benefited by such improvement, and to apportion and assess the same upon the several parcels of real estate benefited in proportion as near as they can to the benefits resulting to each. Such notice shall specify the time and place when and where such application will be made, and shall be published at least two weeks prior to the making of such application. Personal service of a written or printed notice Service of on each and every owner of the land so proposed and ordered to be taken, ten days before such application, shall be equivalent to and dispense with such publication. At the time and place so specified, the board of trustees, by such person as they shall designate, shall make application to the said court for the appointment of such commission- Hearing ers, and said claimants shall have the right to be heard thereon. The said court shall thereupon, by a rule or order to be entered in the min- Appointutes thereof, appoint said three commissioners. The hearing of such court. application may be adjourned from time to time by such court. When any commissioner shall decline or be unable or incompetent from any cause to serve, the said court hay at any time during said term appoint other commissioners fill said vacancy, or if such term of court shall be terminated, such vacancies may be filled on notice and proceedings as aforesaid.

notice.

thereon.

ment by

sioners to

of hearing

sous.

pœna wit

§ 5. The commissioners so appointed shall give notice by causing Commisthe same to be published for two weeks prior to such meeting, in one give notice or more of the village papers, or by serving personally on the persons inter owning or having interest in the lands to be taken at least five days ested perbefore the time of their meeting, of the time when they will meet upon and view the premises, and of the place where they will, on the same day, hear all persons interested in relation to the damages claimed and the apportionment of the cost and expenses of making such improvement. The said commissioners before entering upon the duties May subof their office, shall, take the oath of office prescribed by the Consti- ness. tution of this State, they may subpoena or cause to be subpoenaed any person in said village to appear and testify as a witness in such proceedings before them and shall have power to administer oaths to such witnesses. Such subpoenas may be subscribed by such commissioners and served in the same manner as subpoenas in criminal cases. Such witnesses shall not be entitled to fees, and for a refusal to appear or testify shall be liable to be attached, and to be punished as for a contempt, by the court appointing such commissioners. Said commissioners may adjourn their meeting, and continue their meetings by adjournment from time to time, until they shall have finished their examinations and made and completed their report. The village clerk shall attend and act as clerk of the said commissioners.

commis.

§ 6. The said commissioners shall ascertain and report a descrip- Appraisal tion of the several parcels of real estate required to be appropriated, stoners to with the names of the owners, if the same can be ascertained, and truste the compensation, if any, which should be made to them respectively therefor, what the whole expense will amount to, whether any, and if any, what part thereof ought to be borne by the village at large, and whether any, and if any, what real estate would be benefited by the

how esti

mated.

improvements requiring the appropriation of such real estate, specifying the same in parcels, and describing the same with the names of the owners, if they can be ascertained, and the proportion and benefit Damages, which each parcel would receive. In estimating the damages sustained, or to be sustained, by any owner of land so taken or appropriated, the commissioners 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 so specified in their report. If there be any buildings on the land taken for such improvement, the value of such buildings to remove shall be ascertained in their assessments, and the owner thereof may remove the same in ten days, or in such other time as the board of trustees shall allow, after the confirmation of the return of the commissioners. If he shall so remove said building the value thereof, so ascertained, shall be deducted from the damages awarded to him. The commissioners shall make and de

liver to the board of trustees their report within thirty days after they shall have received notice of their appointment, unless further time Compensa- shall be given them by the board of trustees. They shall each receive two dollars per day for their services while actually engaged, besides sioners. all necessary expenses. Said report shall then be filed with the village

tion of

commis

County

court.

Return

thereto by commissioners, how filed.

clerk.

On

Appeals to § 7. Any person considering himself aggrieved by such report, may, within ten days after the filing of the same, appeal to the county court of the 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 two dollars 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 thereof, a full return of all the evidence and proceedings taken before them, and the reason for their decision. 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 peace. five days notice by either party the appeal may be brought on to argument on the commissioners report, the return of the commissioners and Court may the notice of appeal. The county court may in deciding such appeal remodify or view 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 May refer 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 first assessment are required to proceed. On the coming in of their report the same shall be filed with the village clerk from which an appeal may be taken in like manner.

affirm,

disap

prove.

back re

port.

Duty of commis

making as

§ 8. Upon the confirmation of such report the commissioners making sioners in the award shall assess the amount fixed as damages, with their fees sessment and other necessary expenses upon and among the owners of the propirmation erty, or both the owners and property benefited by such improvement, of report. in a just and equitable manner, as near as may be in proportion to

after con

such benefits, without reference to erections or improvements on lots; but they may assess such part of said amount locally and such parts upon the village as they may deem just. The assessment shall be ments, how made to resemble in form as near as practicable the village assessmentroll, said roll shall be deposited with the village clerk, who shall there

Assess

deposited.

jections

upon give public notice in one or more of the village newspapers for one week that the same has been filed with him and will remain at his office for the term of ten days from the date of the notice, during Notice of which time any person interested may examine the said roll; and at hearing obthe expiration of the said ten days, and on a day and hour, and at a thereto. place, to be specified in said notice, the said commissioners shall meet and hear any objections to said assessment, and shall decide upon all objections, and shall, if need be, alter and correct said roll; and, when complete, the said commissioners shall sign the same, and file it with Completed the village clerk and a copy thereof, certified by the village clerk, under roll, how the seal of the village, shall be delivered to the collector of taxes of delivery of said village. The assessment so entered, or the copy thereof, delivered Collecto to the collector, shall be evidence in all courts and places of the assessments therein specified, and all sums so assessed shall be liens on the real estate on which they are assessed from the time such assessments are made the same as other assessments, made pursuant to the provisions of this act.

filed, and

to give no

payment

ments.

$9. Whenever any assessment-roll for local improvements shall be Collector, left with the tax collector, he shall forthwith give notice in one or tice of remore of the newspapers published in said village, and within five days ceiving from the date of the notice so published, he shall cause a written or of assessprinted notice to be given to every person, owner, occupant or agent of real estate assessed for the local improvement, within the village, from whom an assessment may be due, specifying the amount, and for what purpose the assessment was made, and when payable. Such notice may be served personally, or by leaving the same at the residence or place of business of such person, owner or occupant, or agent, or it may be served by depositing it in the post-office, properly Notice, folded and directed, to such owner, occupant or agent, and with the howe postage prepaid thereon, stating that an assessment-roll for local improvement has been left with him for collection, and that for the first ten days he will receive the assessment thereon without fees; for the ten days thereafter at one per cent, and for the next ten days at five per cent. But any failure to give such notice shall not invalidate such assessment. If any assessment shall remain unpaid at the expi- When to ration of forty days mentioned, the tax collector shall without further distress notice proceed to collect by distress and sale, as directed in this act and sale. for the collection of village taxes, except that the fee which shall be collected upon such levy and sale shall be five per cent.

served.

collect by

ad litem

§ 10. When there are infants or other incompetent persons owners Guardians whose property is affected by any such improvement, the county or for infants. supreme court shall appoint guardians ad litem to protect their interests and to prosecute appeals.

of buiid

propri

fecting.

§ 11. If there be any building on any parcel of the real estate to be Removal appropriated the value of which shall have been determined as pro- ings on vided in this title after the determination of all appeals from the lands apreport of commissioners, and before they are directed to assess the ated, proamount awarded for damages, notice shall be given to the owner of visions afsuch building to elect, in writing within six days, whether he will remove the same. In case such owner refuses to remove such buildings, or neglects so to elect, the same shall be sold at public auction to the highest bidder, for cash, one week's notice whereof shall be given in one or more of the newspapers published in said village, specifying the time and place of said sale. Such time shall be given. to remove said building as the board of trustees shall by resolution direct. In case such owner elects to remove such building, the as