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ditions, limitations and penalties, prescribed by the rules and regulations adopted by the board.

§ 7. The said board shall annually on or before the fifteenth day of annual January, in each year, make to the legislature a detailed report of all report. its receipts and expenditures and of all its proceedings for the previous year, together with full estimates for the commg year, verified on oath by the president and treasurer and shall make such other and further reports as the legislature may from time to time require.

$ 8. This act shall take effect immediately.

CHAP 49.

noxious

AN ACT in relation to noxious weeds and brush in public

highways.

Passed March 11, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. It shall be the duty of every person or corporation, Lessees to owning or occupying under a lease for one or more years, any cul- destrous tivated or inclosed lands abutting upon any high way, to cause all weeds, noxious weeds, briars and brush, growing upon said lands, within the highway hounds of said highway, to be cut or destroyed between the fifteenth day of June, and the first day of July, and between the fifteenth day of August and the first day of September, in each and every year. But boards of supervisors may fix a different period, or periods, for such cutting or destruction in their respective counties. This section shall not be construed to restrict any of the powers heretofore conferred upon boards of supervisors. $ 2. It shall be unlawful for any person to place or

cause to be Noxious placed any noxious weeds, or the seeds of such weeds, within the to be bounds of any public highway.

placed in

highway. § 3. Any willful neglect or refusal to comply with the provisions of Penalty. section one of this act, or any willful violation of section two of this act, shall subject the person or corporation so offending to a penalty of ten dollars and costs in and for each road district in which any of such provisions shall be violated, to be sued for by the commissioner or coirmissioners of highways of the town wherein said road districts shall be sitnate, or by the street commissioner of villages, when such village constitutes a separate road district, and recovered before any justice of the peace having jurisdiction; said fine, when collected, to be paid into the highway fund of such town or village.

$ 4. It shall be the duty of commissioners of highways of towns or Who to street commissioner of villages to prosecute every person or corporation violating any of the provisions of this act in their respective towns or villages, and to include in each annual report of such commissioners a detailed statement of all fines recovered under the provisions of this act.

weeds not

prosecuto.

CHAP 58.

villages.

Amending
Laws 1870,
ch. 291.
7 Edm. 681.

of election

Incorpora AN ACT to amend chapter two hundred and ninety-one of

the laws of eighteen hundred and seventy, entitled “ An act for the incorporation of viilages.

PASSED March 18, 1878; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section ten of title one of chapter two hundred and ninety-one of the laws of eighteen hundred and seventy, entitled “An act for the incorporation of villages,” is hereby amended so as

to read as follows: Inspectory § 10. Within three days after, such election the said board of into ile cer- spectors shall make out a certificate of the holding of the same, and riscate of of the canvass of the ballots thereat, showing the whole number of

such ballots, the number with the word “yes” thereon, and with the word “no” thereon, with a copy of the notice of the holding of such election, and an affidavit of posting or publishing the same, as herein before provided. Such certificate shall be signed by said inspectors, or a majority of them, and its truth verified by their affidavits annexed thereto, and shall, within ten days after such election, be filed and recorded in the county clerk's office of the county within which such territory shall be, or in case such territory shall be located in two or more counties, then such certificate shall be filed with the county clerk of each of such counties.

§ 2. Section eleven of title one of said act is hereby amended so as

to read as follows: Appeals to

§ 11. Within ten days after such filing any elector qualified to vote judge. at such election may appeal to the county judge of the county in

which such territory shall be located, or in case such territory shall be located in two or more counties, then to the county judge of either of said counties, by petition, specifying the irregularities in and objections to such election. Such judge, on proof by aflidavit that such petition or notice of it has been served on the electors signing the notice for holding the election, or a majority of them, and that the person appealing has deposited with the county clerk of the county in which such territory is located, the sum of one hundred dollars to meet the expenses of the appeal, shall appoint a day for hearing the same, not more than ten days from the day of bringing the appeal; and, on such day, on proof by affidavit that the electors signing the election notice, or a majority of them, were notified, in writing, five days before such hearing, of such hearing, shall proceed to hear the same, such judge shall have power, by subpæna, to compel the attend

ance of witnesses before him on such day, or on adjourned days. His Doofslon, decision as to the legality or illegality of such election shall be

rendered within thirty days from the day of presenting the petition of appeal to him. If such decision be adverse to the prayer of such petition, he shall, within ten days from rendering such decision, by order signed by' him, direct such portions as he may deem just of the one hundred dollars deposited with the county clerk, to be paid by such clerk to the persons in such order named, and the balance to the person or persons who deposited the same. If no such allowance is

county

County

when to

election

made by the county judge within the ten days above specified, then he shall direct, by order, the county clerk to return such money to the person who deposited the same with him. The allowance for expenses out of the sum deposited must be made within ten days from the decision of the judge on the appeal.

§ 3. Section twelve of title one of said act is hereby amended so as to read as follows:

$ 12. If the county judge shall decide such election to be legal, he Order shall tile an order to that effect in the county clerk's office of the affirming county wherein such territory is located, or in cise such territory shall be located in two or more counties, with the county clerk of each of such counties, within ten days from the day of making such decision.

§ 4. Section thirteen of title one of said act is hereby amended so as to read as follows:

$ 13. If the county judge shall decide such election to have been illegal, he shall forwith, on rendering his decision, make an order and judge file the same in the county elerk's office in the county in which such wrider bew territory shall be, or in case such territory shall be located in two or elections. more counties, with the county clerk of each of such counties, directing another election to be held to determine the question of the incorporation of such territory. The election so ordered shall be held on notice of such election signed by some one or more of the persons when and designated as inspectors of election for the previous election as to how new incorporation, specifying the hours of opening and closing the polls held. and place of holding the same, stating the proposed name of village and the amount for ordinary expenditures for the first year, and giving the verbal description provided for herein before, of the bounds of such territory; such notice to be published or posted as hereinbefore provided in relation to the previous election, for at least fifteen days before the election.

§ 5. Section fifteen of title one of said act is hereby amended so as to read as follows : § 15. If the majority of the ballots at the first election shall have

Territory on them the word “yes,” and no appeal is taken from such election when to within the time herein before specified for that purpose, then such borporationterritory shall be an incorporated village within the intent of this act ed. from the time of the filing of the certificate of the inspectors. If the majority of the ballots cast at such election have on them the word yes,”and an appeal is taken and decided favorably to the legality of the election, then such territory shall be an incorporated village within the intent of this act from the date of the filing of the certificate of the inspectors as herein before provided. If the decision on the appeal is adverse to the election, and the second election shall result in a majority of the ballots cast having thereon the word “yes,” then from the date of the filing of the certificate of inspectors as hereinbefore required, of such second election, in the county clerk's office of the county where the territory is located, or in case such territory shall be located in two or more counties, with the county clerk of each of such counties, such territory shall be an incorporated village within the intent of this act. No appeal is allowed from such second No appeal election.

for second 8 6. Section three of title five of said act is hereby amended so as Jurisdic

election. to read as follows:

§ 3. Any justice of the peace of the town or towns in which such justices. village shall be located, shall have jurisdiction in all criminal cases

tion of town

Fees and

tion Fines.

Police con

that may arise within the bounds of the village in the county in which they severally reside, with tie same powers and subject to the duties and liabilities as a justice of the peace in other cases. He shall also have jurisdiction in all actions brought to recover fines or penalties for the violation of any provision of this act, and of the rules, by-laws and ordinances of tho village, or to recover any tax or assessment levied by the village, and his proceedings and judgments may be reviewed in the same manner as is or shall be provided by law in cases of judgments and proceedings of justices of the peace. Said justice shall receive the same fees and compensation as is provided by

law for similar services. The fees and compensation of such justice compensa- shall be audited and paid and collected in the same manner as the

fees of justices of the peace for similar services. All fines recovered by him in suits for the violation of the provisions of this act, or the by-laws, rules and ordinances of the corporation, shall be paid over to the treasurer of the village upon their receipt by such justice. In such last-mentioned suits, if judgment is entered, the said justice shall award costs including witnesses' fees and other legal disbursements, to the successful party, to the same amount as a justice of the peace could in civil actions or proceedings before him.

87. Section four of title five of said act is hereby amended so as to read as follows:

§ 4. The person appointed police constable shall have the powers stables.

and subject to the same duties in criminal and civil cases, cognizable by such justice, as constables of towns, and shall be chief of the po

lice force of the village, subject to the directions and orders of the His duties president. He shall have the power, and it shall be his duty, to keep

order in all public places in the village; to arrest persons concerned in riotous or noisy assemblages, or who are breaking the peace, or violating this act, or the by-laws, rules or ordinances of the village, arrest them, and forth with convey them before the proper authority, to be dealt with according to law, and to keep and retain such persons in custody until committed or discharged. Said police constable shall have power to execute any warrant or process issued by justices of the peace of the county or counties in which such village is situated. The said police constable shall be paid for his services the same compensation, to be audited and allowed in the same manner as town constables for similar services, and also such extra annual salary as chief of police, as the board of trustees may direct.

§ 8. Section four of title seven of said act is hereby amended so as

to read as follows: Appeals to § 4. Any person interested therein, may within twenty days after

notice of the award of the jury, appeal from such award by petition judge.

to the county judge of the county where such village is situated or in case such village shall be located in two or more counties, then to the county judge of either of said counties, praying for the appointment of three commissioners residing in said county, to review said award

of said jury. The person appealing shall execute a bond to the village appellant.

in its corporate name in the penal sum of two hundred and fifty dollars, with two sureties who shall justify in twice the amount, conditioned for the payment of the fees of the said commissioners and costs

of appeal, in case the award of the jury shall not be increased twenty Stay of

dollars by said commissioners to each party appealing. Filing such bond with, and serving a copy of said petition, with a notice of the time when and place where the same will be presented to the said judge or the village clerk, shall operate as a stay of proceedings until

and powers.

Compensation.

county

Bond of

proceed

ings.

siopers to review

the decision of the commissioners thereon. All persons appealing Soveral

appeals. from the award of the jury for damages, as to one singlo and continuous alteration or improvement, shall join in one petition, and may execute a joint and several bond in two hundred and fifty dollars, with Bureties and conditioned as herein before mentioned, and there shall be but one board of three commissioners appointed to review the award of such jury. At the time mentioned in the notice, and when the Hearing. commissioners are appointed, any person may be heard in the matter. The said judge shall, on hearing the parties, appoint three disinter- Commisested electors as commissioners, residing in said county, but not in the village, to review the award of said jury, and determine and award awards. the damages of the person or persons appealing. Immediate notice shall be given by some of the persons appealing to the persons designated as commissioners, and if any one declines or is disqualified, the judge shall appoint some disinterested person, an elector residing in said county but not in the village, to fill the vacancy. Said commissioners shall meet at such village within ten days after being notified of their appointment. They shall give the president of the village five days' notice of the time and place of their meeting, shall be sworn to do their duty, shall have power to compel attendance of witnesses by subpæna, shall examine the premises and hear the proofs and allegations of the parties, and shall award such damages to the parties appealing as they shall deem just. The award of the commissioners Award. shall be signed by them and be returned to the president of the village within fifteen days after the first meeting of the commissioners, and shall be filed with the clerk. · Said award shall be final and conclusive on all persons interested, and the board of trustees may thereupon take possession of the land and make the said alteration or improvement. On declaring the award the commissioners shall each be compensapaid by the treasurer of the village, three dollars per day for their tion of services, and the amount so paid shall be collected by suit if not other- sioners. wise paid, with other proper expenditures made by and for the village in and about such appeal, on the bond referred to in this section, given by the person or persons appealing, in case the person or persons appealing are liable to pay the costs of the appeal under the provisions

In all cases of appeal under this section the judge to for infants, whom the appeal is made shall, hy order, appoint guardians for any infant, lunatic or idiot interested in said proceedings.

$ 9. Section seven of title eight of said act is hereby amended so as to read as follows:

$ 7. The first process in any sủit brought by the village for a pen- First proalty under this act, or a rule, by-law or ordinance adopted by the

Buits by board of trustees in pursuance of said act, shall be a summons or war- village. rant. If the defendant in such action has no property, personal or real, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in the county jail of the county Imprisonin which the village is situated, or in case such village shall be located ment. in two or more counties, then in the county jail of either of said coun. ties, for a term not exceeding ten days.

§ 10. Section thirty-one of title eight of said act is hereby amended so as to read as follows:

$ 31. The county clerk shall record all returns of inspectors of elec- County tions for the incorporation of villages held under this act in the records clerk's for the recording of deeds, or in a book to be specially provided for that purpose, or in case such village shall be located in two or more counties, then the county clerk of either of said counties shall record

of this act.

Guardians

etc.

records.

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