pose shall have all the powers of a collector of a town, and shall collect the taxes of the village in like manner. : for particu ments. § 11. When the trustees shall be of opinion that the whole Assessments or a part of the expense of any improvement which they lar improvemay make in the village, ought to be borne by a particular part or particular inhabitants of the village, they shall have power to charge such expense, or such portion thereof as may be just, upon a particular part or particular inhabitants of the village and they shall make an assessment for that purpose. They shall state in the assessment, the persons and the lands or property which they shall charge, and the sum which they shall charge, as an assessment or tax, upon each person and each tract of land; and five certified copies of the assessment shall be put up in the most public places in the village: Any person who may conceive himself aggrieved by the assessment, may within twenty days from the putting up of the copies, appeal to the county court of Queens county, giving notice of his appeal to the trustees. Upon an appeal, the county court shall examine the assessment; and shall affirm or alter and correct it; and their decision shall be final. When there shall be no appeal within the twenty days, or when an assessment shall be established by the county court, the trustees shall proceed to levy the asssessment. The president of the trustees shall for that purpose, issue a warrant to the collector of the village, whose power and duty it shall be, to collect the assessment from the persons and property charged with it, as other taxes are collected.. to be ap. § 12. The moneys levied from the village by taxes, and Moneys how all assessments, fines, forfeitures, penalties, rents and other plied. moneys recovered or received by the trustees, their collector or treasurer, shall be funds of the village, to be applied by the trustees to the objects and purposes of this act. moved. § 13. Where any encroachment has been or shall be made, Buildings by any building or fence, upon any road or street in the vil- may be relage, the trustees shall have all the powers, and be subject to the duties which belong to commissioners and overseers of highways for the removal of such encroachments. or streets. § 14. When the trustees shall determine to lay out any New roads new road or street, or to widen any road or street, and they can not agree with the owner of the land to be taken, three of the judges of the county courts of the county of Queens shall appoint three disinterested persons, not inhabitants of the village, to appraise the damages of the owner of the land to be taken. The appraisers so appointed shall view and examine the road or street to be laid out or altered, and the land to be taken for that purpose; shall hear the trustees and all persons interested; and shall make a just appraisement of the damages which each owner of the land to be taken will sustain thereby. The appraisement shall Hearing of appeals un be in writing; shall sufficiently describe each tract of land to be taken; shall state distinctly the damages awarded to each owner of land; shall be signed by the appraisers; and shall be deposited with the clerk of the trustees. A certified copy of the appraisement shall be put up in some public place in the village; and any person who may conceive himself aggrieved by it may, within twenty days from the putting up of the copy, appeal to the county court of Queens county, giving notice of his appeal to the trustees. Upon an appeal the county court shall examine the appraisement, and shall affirm or alter and correct it, as they may deem just; and their decision shall be final. When there shall be no appeal within the twenty days, or when an appraisement shall be established by the county court, the trustees shall pay to each owner of the land to be taken, or to their treasurer for his use, the damages awarded to him; and the land shall then vest in the trustees. § 15. The county court may hold special sessions, at any der this act. time, in the village of Flushing, or at any other place in the county, for the purpose of hearing and determining any appeal to them under this act; and the court may adjudge that the costs arising from any appeal shall be paid by the trustees, or by the party appealing; and the costs shall be taxed by the court or one of the judges. Suits Survey and map of the made. § 16. In suits or prosecutions by the trustees they may demand the objects of the suit generally, and give the facts in evidence. No inhabitant of the village shall, for that cause, be incompetent to act in any office, or to be juror or witness in any suit or legal proceeding. 17. The trustees shall, before the first day of January, village to be in the year one thousand eight hundred and forty, make an actual survey and an accurate map of the village. The map shall show the outside lines of the village and their true courses and distances; shall clearly exhibit the situations and courses of all the roads and streets in the village; and shall express, accurately, the width of each road and street: and the trustees may insert in the map any other facts or further description which they may think fit, concerning the village, roads, streets or the surrounding country. One One copy of the map shall be deposited in the office of the clerk of the town of Flushing; and another copy with the clerk of the trustees of the village. CHAP. 208. AN ACT to amend an act entitled "An act incorporate the village of Lockport," passed March 26, 1829. Passed April 17, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. So much of the third subdivision of section twentyfour of the act entitled "An act to incorporate the village of Lockport," passed March 26, 1829, as authorizes the granting of licenses for the sale of strong or spirituous liquors, is hereby repealed. Part repeal ed. § 2. So much of the twenty-second section of said act, Ib. as restricts the number of firemen in said village to forty, is hereby repealed. § 3. The trustees of said village are hereby authorized Firemen to appoint so many firemen in said village as they shall from time to time deem necessary, not exceeding twenty-five to each fire engine owned in said village. CHAP. 209. AN ACT to amend an act to establish fire limits in the village of Poughkeepsie, and for other purposes, passed May 26, 1836. Passed April 17, 1837 The people of the State of New-York, represented in Senate and Assembly, do enact as follows: the village. §1. For the purpose of guarding against calamities by Fire limits of fire in the village of Poughkeepsie, the lots on both sides of Main-street, from Washington-street to Crannell-street; on both sides of Cannon-street, from Market to Academy-street; on both sides of Academy-street, from Cannon to Mainstreets; on both sides of Liberty-street and Mechanics'street; on both sides of Market-street, from Main to Churchstreets; on both sides of Washington-street, from Union to Mill-street; on both sides of Mill-street, from Washington to Catharine-street; on both sides of Catharine-street, from Mill to Main-street; on both sides of Union-street, from Washington to Market-street; and on both sides of Gardenstreet, from Main to Mill-street; are established as fire limits; within which all buildings hereafter to be erected shall have their outer walls constructed of brick or stone, and their roofs of slate, tile or metal. violating this §2. Every person who shall violate the foregoing section Penalty for of this act, shall forfeit to the trustees of the village, the act. Other lots in village made part of fire limits. sum of one hundred dollars; and every building hereafter erected contrary to the foregoing provisions, is hereby declared to be a common nuisance, and may be abated and removed as such, by the trustees of the village. But the trustees of said village shall have the power, in their discretion, on an application to them for that purpose, to authorize the owner of any building constructed of wood within said fire limits, to make additions and repairs thereto of wood, provided such additions shall not be of sufficient size to constitute a dwelling-house, work shop or store, if the main building should be removed, or exceed in front twelve feet in width. § 3. The lots on other parts of the same or any other when to be streets in said village, may hereafter be constituted a part of the fire limits by a vote of the owners of the lots so designated, to be comprehended within and become a part of said fire limits; which vote therefor shall be had at a meeting of the owners of said lots, to be called and conducted and decided in all respects as is provided in regard to paving streets in the first section of the "act to vest certain powers in the freeholders and inhabitants of the village of Poughkeepsie," passed 26th May, 1812, and when by such vote constituted a part of said fire limits, shall be subject in all respects to the provisions of this act. Section repealed.. Act to take effect. § 4. The first section of the act entitled "An act to establish fire limits in the village of Poughkeepsie, and for other purposes," passed May 26, 1836, is hereby repealed. § 5. This act shall take effect immedietely after its final passage. Ferry may be established. Boats. CHAP. 210. AN ACT authorizing William Edwards and Harlow Passed April 18, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. It shall be lawful for William Edwards and Harlow Hyde, their heirs and assigns, to establish and maintain a ferry across Great Sodus bay, at the point where the state road crosses said bay in the town of Huron, in the county of Wayne, for the term of ten years from the passage of this act. § 2. The said William Edwards and Harlow Hyde shall, at all times, keep and maintain sufficient and convenient ferry boats for the safe conveyance of carriages, horses, cattle and passengers. neglect or §3. After the said ferry shall be established by virtue of Penalty for this act, if the owners or keepers of said ferry shall wilfully refusal. neglect or refuse, at all proper times, to transport or ferry across said bay any person or persons, their horses, carriages, goods or chattels proper for ferriage, or shall unnecessarily hinder or delay any person in crossing said ferry, they shall forfeit the sum of five dollars to the person aggrieved, to be sued for and recovered before any justice of the peace of the said county, with costs of suit. §4. The said William Edwards and Harlow Hyde, their Rates of ferheirs and assigns, shall be entitled to receive for ferriage riage. across the said bay at the following rates, that is to say: for every stage coach with four horses, fifty cents; for every wagon with two horses, thirty-one cents; for every additional horse, six cents; for every one horse wagon, eighteen cents; for every man and horse, twelve and a half cents; for every footman, six cents; for every head of neat cattle, ten cents; for every score of sheep or swine, fifty cents. § 5. If any higher rate of ferriage than is herein pre- Penalty. scribed shall be taken by the said William Edwards and Harlow Hyde, their heirs or assigns, or any person or persons in their employ, the person so offending shall forfeit and to the party injured the sum of five dollars. pay § 6. If any person or persons shall establish a ferry across said bay, within one and a half mile of the ferry herein granted, such person or persons shall forfeit and pay to the said William Edwards and Harlow Hyde, their heirs and assigns, the sum of ten dollars for each offence; but nothing herein contained shall prevent any person from crossing said bay in his own boat, and transporting his own property within the bounds aforesaid. Restriction. § 7. The legislature may at any time alter, modify or Right to repeal this act. repeal. CHAP. 211. AN ACT to renew the act, entitled "An act to amend an act, entitled 'An act to authorize the erection of a dam across the Genesee river at Mount Morris,"" passed April 15, 1829. Passed April 18, 1837. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. If the persons interested in the dam authorized, by Bond when the act entitled "An act to authorize the erection of a dam to be filed across the Genesee river at Mount Morris," passed April ed. and renew |