Court to appoirt three commis.

appraise.

to be taken in doing the thing or things which said trustees have determined to have done.

§ 12. It shall be the duty of said court forthwith to appoint three persons not residents of said village, and having sioners to no interest in the thing determined by said trustees to be done, and to issue to said commissioners a warrant, signed by the presiding or chief judge of said court, and directed to said commissioners commanding them within fifteen days to appraise and ascertain the compensation which shall be made to each person for all property to be taken from him, in doing the thing which said trustees have determined to have done, and to return said warrant with their report in writing attached thereto and signed by them to said trustees within said fifteen days.

Duty of commissioners.

Report

how to be made.

Allowance to be made to owners

§13. The said commissioners, in ascertaining the amount of compensation to be paid as aforesaid, shall deduct from the value of the lot or piece of land to be taken by said trustees, the benefit which will accrue to the remainder of said lot by the doing of the thing which said trustees have determined to have done, and call the difference the amount of said compensation. And when the remainder of the lot left to the owner thereof will be injured instead of being benefited, the said commissioners shall ascertain the amount of such injury, and add to it the value of the piece taken off from said lot, making the total sum the amount of compensation allowed to the owner thereof.

§14. In the report made by said commissioners as aforesaid they shall describe the land to be taken, and for which compensation is to be made by metes and bounds, stating the name of the owner thereof, or stating that the name of said owner is not known. The said commissioners shall have power to apportion the compensation aforesaid between the owners of the different rights or estates in any land so to be taken; specifying in said report what amount is to be paid to each owner of each of said several estates or rights in said land, and for what right, interest or estate therein, and the name of said owner of said estate, or that said name is unknown.

15. The said commissioners in their said report shall allow a compensation to all owners of lands so to be taken of lands. who are by law entitled to a compensation therefor. But said commissioners shall allow no compensation to the owner of any building or erection placed in any street of said village after said street was laid down and designated as a street on the map of said village, except bridges, piers, docks or bulkheads that are to remain as a part and portion of the said street.

Trustees to § 16. The said trustees after receiving this report shall give notice. give public notice in one or more of the newspapers publish

ed in said village, once in each week for two weeks, stating that said report has been made and remains open for inspection at the place named in said notice, and that said commissioners will meet at the time and place named in said notice, to hear objections to said report, and to alter or amend the same, if the said commissioners deem it necessary so to do.

§ 17. At the time and place named in said notice the said Objections commissioners shall meet, and hear and decide upon all ob- to be heard jections made to said report, and may adjourn from time to time not exceeding ten days in all, till they have heard and decided on all objections to said report, and have altered and amended, or ratified and confirmed said report. They shall then make a fair copy of the same, and sign a certificate attached thereto, stating said report to be final, and leave said report and certificate with said trustees.

report.

18. The said trustees may, if they think proper at any Trustees time within ten days after said copy of said final report is may reject filed with them, refuse to accept the same. And if the said trustees refuse to accept said final report, they may apply to the same court aforesaid for the appointment of new commissioners, and the same proceedings shall be thereupon had by said court, and said new commissioners as are hereinbefore set forth.

grieved.

§19. Any person or persons aggrieved by the decision of Remedy of said commissioners may at any time within ten days after said persons agfinal report is filed with said trustees, apply to said court to have said report altered or amended in such particulars as such applicant or applicants shall specify. And if said court upon such application is satisfied that said report is erroneous and unjust, they shall order the said trustees to shew cause at a time and place mentioned in said order, at the next regular term of said court, why said commissioners should not amend said report. If on such hearing no sufficient cause to the contrary be shown by said trustees, or by said commissioners, and said report appears to be erroneous or unjust, the said court may order and direct said commissioners to amend their report.

ioners to

20. The said commissioners shall thereupon within fifteen commisdays amend said report, and file the same with said trustees; amend reand the said applicants for said amendment shall be conclud- port. ed thereby; but said trustees may refuse to accept the same when so amended, and apply for the appointment of new commissioners as hereinbefore provided; and the same proceedings shall be had by said new commissioners as are above prescribed.

when to be

§ 21. If no legal proceedings be taken within ten days af- Report ter the signing of said certificate to set aside said report, said final. report shall be final and conclusive upon all persons and lands

Warrant

when to be

sors.

named in said report in all courts upon any proceedings thereafter had.

§ 22. After the expiration of ten days from the time of issued to signing said last mentioned certificate, if no legal proceedings the asses- be taken to set aside said report, the said trustees shall issue a warrant to the proper assessors, setting forth with reasonable certainty the thing which they have determined to have done, and the amount of expenses ascertained by said trustees as bereinbefore provided; and also setting forth the amount of compensation to be paid for private property which will be taken in doing the thing which said trustees have determined to have done; and commanding said assessors to assess the whole sum named in said warrant upon all the persons and lots of land to be benefited thereby. The said trustees shall attach to said warrant to said assessors a copy of the final report of said commissioners, shewing the compensation to be paid for private property, and who is to receive said compensation, and for what private property taken. Duty of as- § 23. It shall be the duty of said assessors to apportion and assess said sum named in said warrant upon all the persons and land to be benefited by the doing of the thing which said trustees have determined to have done, in proportion to the separate benefit or advantage which the same will be to said persons or lands on equitable principles, and describing the land assessed by its numbers on the assessment map of said village, and if not numbered on said map, then describing it by boundaries. And where an assessment is made against any lot of land the name of the owner shall be stated, or it shall be stated that his or her name is unknown.

sessors

Assess

ment to be

cases.

§ 24. The said assessors may apportion the assessment upon apportion'd any particular lot of land between the separate owners of in certain different interests or estates in said lot on equitable principles, specifying the sum assessed to each separate owner of any interest in said land, and such assessment against the owner of any separate estate in any land, shall when satisfied and confirmed as hereafter described, be a lien or incumbrance on such particular interest or estate of said owner in said lands, and in case said owner thereof shall neglect to pay said assessment within the time and in the manner by law prescribed, his said particular interest or estate in said land may be sold by said trustees for the payment of said assessment in the same manner in which the interest of the owners of the fee simple of land in said village is sold for nonpayment of taxes and assessments.

Assess

ment roll

25. After the said assessors have completed their asand papers sessments, they shall return the assessment roll and other when to be papers to the trustees' hall, and cause a notice to be published for four consecutive weeks in one or more of the newspapers published in said village, that said assessments have

been completed and are open for inspection in said trustees' hall, and will remain so for four weeks next succeeding the first publication of said notice, and that the assessors will meet on a certain day to be named in said notice, at the expiration of said four weeks, at the office of the clerk of said trustees, to review their assessments on the application of any person conceiving himself aggrieved; and said assessors shall grant relief to persons aggrieved, in the manner and upon the evidence now prescribed by law, and may adjourn from time to time as often as may be necessary, not exceeding ten days in all, until they shall have disposed of all reasonable objections. They shall then make a fair copy of said assessment roll, and sign and certify the same, and deliver it to said trustees.

fied by.

26. If no appeal, review, or other legal proceeding be Roll when taken within ten days to set aside the said assessment, the toberatisaid trustees, after the expiration of ten days from the time trustees. of signing and certifying said roll, by said assessors as aforesaid, shall ratify and confirm the same; and thereafter said assessment shall be conclusive in all proceedings thereafter had, against all persons named in said assessment roll, and against all land described therein, and said assessment shall not be impeached or controverted in any direct or collateral proceedings in any court where said assessments shall come in question at any time thereafter.

to be taken

§27. The payment or legal tender to any person or per- Land when sons of the sums of money specified by said commissioners, and used. as the amount of compensation to be paid to such person or persons for the private property of such person or persons to be taken as aforesaid in doing the thing which said trustees have determined to have done, shall authorise said trustees to take said land and convert it to said purposes.

missioners.

28. The said commissioners shall each be paid for all Payof comservices rendered by them under the provisions of this act at the sum of three dollars for each day actually employed by said commissioners in said business.

§ 29. Sections thirty-three, thirty-four, thirty-five, thirty- Sections six, thirty-seven, thirty-eight, thirty-nine, forty-seven, fifty- repealed. two and fifty-three of the act hereby amended are repealed, but this repeal shall not affect any proceedings already taken under and by virtue of the sections hereby repealed, but any proceedings now commenced under and pursuant to the provisions of the said sections hereby repealed, may be carried on in the same manner as if this act had not been passed.

§30. The tenth section of the act hereby amended is amended so that said tenth section shall read in these words, to wit:

It shall be lawful for the trustees of said village, or a major By-laws & part of them, and their successors, to make, ordain, consti- regulations

Saving clause.

tute and publish and to carry into effect and execute such prudential by-laws, rules and regulations as they from time to time shall deem meet and proper, and such in particular as may relate to public markets, streets, alleys and highways of said village, and keeping the same in order; rclative to slaughter houses, houses of ill-fame and nuisances generally; relative to a village night watch and lighting the streets of said village; relative to restraining geese, swine, horses, dogs or other animals or cattle of any kind from running at large in said village; relative to the improvement of their common land; relative to the inspection of weights and measures; relative to the erecting and regulating of hay scales; relative to public porters, cartmen, hackney coach-. men; relative to the management of the fire department and the preventing and extinguishment of fires; and relative to public wells, pumps, cisterns and reservoirs of water for the extinguishment of fires; and relative to any subject or thing whatsoever that may concern the public and good government of said village; but no such by-laws shall extend to the regulating or fixing the prices of any article of provision or other commodities that may be offered for sale; provided also that such by-laws be not contrary to the laws of this state or of the United States.

§31. The nineteenth section of the act hereby amended shall not be construed to render invalid any assessment or tax in consequence of a mistake as to the ownership of the premises charged with such assessment or tax, in any case where the premises are correctly described; and such tax or assessment may be lawfully collected from the person who was, or appears of record, to have been the actual owner of such premises at the time the assessment was made or the assessment roll confirmed; the collectors shall be authorised under their warrants to levy the same by distress and sale of the goods and chattels of every such actual owner or of the occupant, charged therewith in the assessment roll, and in. actual possession of the premises at the time of such levy, who refuses or neglects to pay the same or any part thereof after demand duly made therefor; and in case he shall be unable to collect the same he shall state in the affidavit to be annexed to his return, in addition to the matters specified in the forty-eighth section of the act hereby amended that such premises were not occupied by the person charged with such assessment or tax, or that being so occupied, such occupant had not sufficient personal property whereupon the said tax or assessment could be levied. Any tenant or occupant paying such tax or assessment who was not bound by agreement to pay the same shall be authorised to deduct and retain out of any rent due or to become due to his landlord the amount of the tax or assessment so paid.