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the same.

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village, and to provide for the arresting, removing and punishment of all persons who may be guilty of

13tb. To prevent the shooting of fire-arms or the Prevent shootexhibition of any fireworks in any place which they ing of frearms. may consider dangerous to any property or person in said village, or dangerous or annoying to any person or

14th. To regulate, suppress or license hawkers Regulate ped or peddlers who travel from place to place to sell goods, wares and merchandise within said village, and to license transient dealers and traders to sell therein. 15th. To direct or order the owner or owners, occu- Remove snow,

etc., from sidepant or occupants of buildings or grounds to remove waiks: snow, ice, dirt or rubbish from sidewalks, streets or alleys opposite thereto, and in default thereof to cause the same to be done at the expense of such owner or occupant.

16th. To regulate the time place and manner of Regulate aucholding public auctions.

17th. To make, open and keep in repair, grade Make and reor improve streets, avenues, lanes, alleys, sewers, bridges and sidewalks, to keep them free from incumbrances and to protect them from injury. All such as well as all highways within the corporation limits, shall be under the exclusive control and protection of the president and trustees of said village.

18th. And to tax every male resident of said vil. Levy poll tax. lage

, above the age of twenty one years and under the age of fifty years, one day's labor, or in lieu thereof, one dollar and fifty cents, to be applied in improving the roads and streeisin said village, under the direction of such person as the president and trustees may appoint. SECTION 7.

The president and trustees of the said Shalldetermine village sball, on or before the first Monday of Novem- eral tax. ber, in each year, by resolution to be entered on their records, determine the amount of general tax for vil. lage purposes to be levied and assessed on the taxable property within the corporate limits of said village for the current vear, which tax shall not exceed onebalf of one per cent on the assessed valuation of said property in any one year; and the clerk of said village shall thereupon, on or before the second Monday of the

Town clerk to apportion tax.

same month in each year, deliver to the town clerk of the town in which the said village is situated a certified copy, under his hand and the corporate seal of said village, of all resolutions of the said president and trustees determining the amount of general tax to be levied and assessed for the current year, together with a description of the territory included within tbe corporate limits of the said village.

SECTION 8. The town clerk or other proper officer of the town in which the said village is situated, shall assess, apportion and carry out such corporation taxes pro rata, according to the valuation upon all the real and personal property within the corporate limits of said village, in a separate column in the tax and assess. ment roll of his town next thereafter issued and delivered to the town treasurer of his town for collection, on the same property and in the same manner as he shall assess, apportion and carry out town, county and state taxes; and in case such corporation taxes shall not be assessed, apportioned and carried out in the same year in which it shall bave been levied, as herein provided, it shall or may be so assessed and collected in that or any succeeding year. The said corporation taxes shall be in all respects collected or returned delinquent in the same manner and by the same person as town, coun. ty and state taxes are collected by law, and when col. lected shall be paid over by any officer collecting or receiving the same to the treasurer of the said village upon the order of the president and clerk thereof. Any officer or other person who shall refuse on demand to pay over any such corporate taxes when collected or received by him in any manner to such village treasurer, shall be liable to an action therefor, with twenty per cent. damages added thereto, to be sued for and recovered in the corporate name of said village, both against such defaulting officer or other person and his sureties.

SECTION 9. The town assessor of the town, or other proper officer, in wbich said village is situated, in assessing the taxable property of said town in each year, shall assess the taxable property, real and person. al, within the corporate limits of said village, in one continuous part of his assessment roll and foot up the valuation of all the items of property assessed and val. ued by him within said limits.

Duty of town assessors.

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SECTION 10. No ordinance, rule, regulation or by- Ordinances imlaw shall be passed, altered, amended or repealed by mult be passed the president and trustees containing a penalty or for. by, majority of feiture for its violation or non-observance, except by a vote of a majority of the entire board of trustees, including the president, to be taken by yeas and nays, and entered on their records. Every such ordinance, rule, regulation or by-law may contain a clause imposing a penalty or forfeiture for the violation or non-observance of the same: provided, that no such penalty or forfeiture shall exceed twenty-five dollars for any one offense; and provided, further, that any such offender shall be liable in damages to any person or persons injured or damaged by such offense.' No such ordinance, rule, regulation or by-law shall take effect until the same shall have been published in some weekly newspaper printed in said village at least ten days, if there shall be one published therein, if not then by posting up the same in three or more public places in said village, by the clerk thereof for the same length of time; and the affidavit of such publication, made by the prin. ter or foreman in the office of such newspaper, annex. ed thereto, in case the same shall be so published or the affidavit of such posting made by the village clerk annexed thereto in case the same shall be so posted, shall be sufficient evidence of the publication and promulga. tion of such ordinance, rule, regulation or in all courts and places; and within ten days after such publication, the same, with the affidavit thereto attached, shall be recorded by the village clerk, which record shall also be suficient évidence of the passage and publication of such ordinance, rule, regulation or by-laws in all courts and places.

SECTION 11. Suits may be instituted and prosecuted Suits proxecu: to final judgment before any justice of the peace of the edinceame of county in which the said village is situated, in the corporate name of said village, upon the written compliant of any person competent to bring a suit in his or her own name, without being required to give security for the costs in any such action, to recover any penalty or sum of money or forfeiture under this act, or any ordinance, rule, regulation or by-law made in pursuance thereof, and it shall especially be the duty of the president and each and every trustee of this corporation to so institute and prosecute such suits for each and

every violation or disobedience of the same which shall come to his or their knowledge; and the first process may be either a summons or a warrant, and it shall be sufficient without setting forth the special matter, to state or refer to generally, in such complaint, the clause or section of this act, or the ordinance, rule, regulation or by-law under which the action is brought, and such complaint shall be deemed the declaration in the suit. The defendant may plead the general issue thereto, and give the special matter in evidence under such plea, and a printed copy of an ordinance, rule, regulation or by-law, published in a newspaper or pampblet by authority of the board of trustees, shall be prima facie evidence of the passage and publication of the same.

In case of conviction under the provisions of this section, judgment shall be rendered against the defendant or defendants for the fine and the costs of suit. Every such defendent or defendants shall have the same right of appeal as upon judgments in criminal cases before justices of the peace. Every execution issued upon any such judgment, shall contain a clause directing, in the event of the pon-payment of the judg. ment, the imprisonment of the dafendant or defend. ants in the common jail of the county, there to remain until the said fine and costs shall be paid, or he, (she or they, as the case may be), be thence discharged by due coruse of law, for wbich purpose the said village shall have the use of the said common jail of the county for the imprisonment of any person liable to be imprisoned ; and all such persons committed to said jail, shall be under the charge of the sheriff of said county, and shall be kept by him the same as other prisoners. In no case arising under the provisions of this section, shall judgment be rendered against said village for costs, but it shall be liable for costs to the same extent that the state is liable for costs in criminal cases, and no more. All fines, penalties and forfeitures when collected, shall

be paid into the treasury of said village for its use. Village may ap SECTION 12. In every case when a judgment shall peal.

be obtained against the said village for any debt, damages or costs, the said village shall have the same right of appeal or to a writ of error as individuals have, but in no case shall execution be issued on any such judg. ment, but if not paid the same may be enforced and collected in the same manner as judgments obtained

be served,

against towns are or may be enforced and collected according to law.

Section 13. No person shall be an incompetent Not to work in judge, justice, juror or witness by reason of his or her competency. being an inbabitant of said village, in any action or proceeding in which the said village is a party or interested.

SECTION 14. When any suit or action has been How process to commenced against the said village, the service of process in such case may be made by leaving a copy of the process, duly certified by the proper officer with the president, or at his residence with one of his family of suitable age and discretion, and it shall be the duty of the president, forth with to inform the trustees thereof, or to take such other proceedings as by the ordinances or resolution of the president and trustëes may have been in such cases provided.

Section 15. Whenever a majority of all the own. sidewalks, bon ers of real estate and lots and parts of lots bordering paired. on or side of a street or part of a street not less than sixteen rods in length, shall desire to have a sidewalk bailt or repaired, the application for that purpose shall be male to the president and trustees by such owners in writing, and thereupon the president and trustees may proceed to order such sidewalk to be constructed or repaired. SECTION 16. Sidewalks shall be constructed upon as to grade

proper established grade in said village, of such width, in such manner, of such materials and in such time as the president and trustees, by resolution, ordiDance or order shall direct, by the owner or owners of ang lot or piece or parcel of ground in front or adjoinlag to which such sidewalk sball be ordered, and if the owner or owners of any such lot or piece of ground shalı neglect or refuse to construct such sidewalk as afcresaid, the president and trustees may cause the same to be done at the expense of such owner or own. ers. The contract for the construction of any such Contracts let to sidewalk shall be let to the lowest bidder, and notice lowest bidder. shal be given by publication in the same paper in whic' the ordinances and regulations of said village are published, at least three consecutive weeks, of the time, place and manner of securing such bids. The president and trustees shall levy a special tax upon each lot or parcel of ground in front of which any side

18-P, & L LAWS


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