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persons against whom it shall have been recovered have no property whereof the judgment can be collected, such person or persons be imprisoned in close custody in the jail of Livingston county, for a term, to be specified in such execution, not exceeding thirty days, and it shall be executed accordingly.

duties of

$26. The clerk of the village shall make and sign Clerk, an entry or record in the book provided for that purpose of every ordinance and by-law enacted by the board of trustees, and of the time of publication thereof; and the said record, or a copy thereof, certified by the clerk of said village, shall be presumptive evidence, in all courts and places, of the due passage of such ordinances and by-laws, and of their having been duly published.

parate road

$27. The said village is hereby declared a separate village se road district, and exempt from the superintendence district. of the commissioners of highways of the town of Avon, and the trustees of said village shall be commissioners of highways for the same, and possess all the powers given to the commissioners of highways. in towns, together with their special and other powers prescribed by this act; and the trustees shall cause to be assessed, levied and collected by tax upon the inhabitants and taxable property in said village, annually, such a sum or amount as they shall deem necessary, not exceeding the sums hereinafter specified, which tax shall be assessed as follows: Each male inhabitant of twenty-one years of age and upward (except ministers of the gospel of every denomination, paupers, idots and lunatics), within the bounds of said village, shall be assessed one dollar, and the balance shall be assessed among and upon. all persons and incorporated companies owning property or estate, real or personal, and upon lands. of non-residents, not exceeding in any one year twenty-five cents on each one hundred dollars of the assessed value, which tax shall be assessed, levied and collected in the same manner as any other tax in said village; and when collected and paid over to the treasurer shall be paid out and expended by the street commissioner under the direction of the trustees in improving the highways and streets, and in construct

Who to di

rect grade,


Notice to owner.

ing and repairing sidewalks and crosswalks, drains and sewers, and improving the public grounds, and places in said village.

$28. Whenever the trustees shall direct a sidewalk. etc of side in front of any lot to be made, they shall direct the grade, width, form of construction, and may prescribe the materials, or direct it to be covered with flagging stone, hard brick or plank, with such curbing as they may deem proper. When required to be covered with flagging or brick, at least sixty days' notice shall be given to the owner, his agent, or the occupant of the lot; in all other cases thirty days' notice shall be given. Whenever they shall direct a sidewalk to be repaired only six days' notice of such requirement shall be given.

Notice of nuisance.

Expenses of enforcing

etc., who to pay.

$29. When a nuisance shall be declared to exist in any part of the village, and shall be required to be removed or abated, such reasonable notice requiring the removal and abatement thereof as the trustees may direct, shall be served upon the person liable to remove or abate the same.

$30. All expense incurred by the village in the ordinances, enforcement of any ordinance requiring the making, grading, or repairing any sidewalk, setting out shade trees, removing snow and ice, or obstructions from sidewalks, the removal or abatement of a nuisance, or the doing of any other act they are authorized to do, the person or persons required to do the same having neglected or refused, may be collected by a warrant to be issued by the trustees by action, or by lease of lots, as hereinafter prescribed.

Taxes a lien on real estate.

Notice of.


$31. All taxes and assessments, upon any real estate in said village, shall a lien thereon, and shall be preferred in payment to all other charges, except town, county and State taxes; and, if the same cannot be collected by the collector of said village by the time specified in his warrant, he shall make return thereof to the trustees, who shall give notice for six weeks in some newspaper printed in said village, or if no paper shall be printed therein, then in any newspaper printed in the county of Livingston,

* So in original.

Sale of real unpaid

estate for


requiring the owner or owners to pay the sum assessed thereon, and ten per cent interest thereon from the time the same was returned to the trustees, and all costs and charges in relation thereto, to the treasurer of the corporation; and in case default shall be made in such payment at a place and on a day prescribed, that all such lands will be sold at publie auction to the person who will advance the amount of such assessment, interest, cost and charges for the shortest term of time; and, if such tax and the interest, costs and charges are not paid as in the said notice required, it shall be lawful for the said trustees, or a majority of them, to cause such land to be sold at public auction, as expressed in such notice, and to give a certificate of such sale, under their corporate seal, to the purchaser thereof; and such purchaser, his executor, administrators and assigns shall, by virtue thereof and of this act, lawfully hold and enjoy the same, for his and their own use, against the owner thereof, and all persons claiming under him, until the expiration of the term for which such sale was made, subject to the payment of the taxes and assessments during such term, and shall be entitled to move from such land any buildings or materials erected or put thereon after such purchase. But any Redemp lands, sold by virtue of this section, may be redeemed at any time within two years from the sale thereof, by any persons, by the payment, to the purchaser, of the amount bid by him, and interest thereon, at the rate of fourteen per cent per annum.


powers of.

$32. The assessors of said village are hereby Assessors, invested with the same powers, in respect to any money directed to be raised by tax, as herein provided, as town assessors, and do all such acts as regards the correcting their assessment rolls, and in* same manner as town assessors are authorized and

directed to do upon the completion of the assessment roll by said assessors and its delivery by them to the clerk of the corporation. The trustees shall collector issue a warrant to the collector of the corporation to collect the taxes assessed therein, in like manner as

So in original.

duties of

Bonds of treasurer and colloctor.

Treasurer, his duties.

Police constables.

taxes of counties and towns are collected; and said collector shall have all the powers and authority conferred by law upon town collectors, and shall pay all moneys, received or collected by him, to the village treasurer, and take his receipt for the same.

$33. The collector and treasurer shall severally execute a bond to said village of Avon in such penal sum and with such sureties as shall be fixed by the trustees, and to be approved by them, conditioned for the faithful discharge of the duties of their respective office, the same to be filed with the clerk of said village.

$34. The treasurer shall receive, have the custody of, and pay over to the persons entitled to the same, in the manner directed by the trustees, all moneys belonging to the corporation; he shall keep an accurate and just account of all receipts and disbursements, and account for such moneys to the electors of said village, at their annual meeting, in writing, to be filed with the clerk, and also to the board of trustees whenever required by them.

$35. It shall be the especial duty of the police constables to see that police regulations, by laws and ordinances of said village be properly observed, and to discover and report to the president, or any of the trustees, all violations thereof; they shall have the power, and it shall be their duty, without process, to arrest and take before the police justice of said village, or in case of his absence from said village, before any justice of the peace, residing or having an office in said village, as soon after such arrest as practicable, and confine in the mean time, for safe keeping in the lock-up of said village, any per son or persons found engaged in violating, in any manner, the public peace or quiet, and all designated by law as disorderly persons, who may be guilty of acts rendering them such in the presence of such police constables, or either of them; they shall also have power, and it shall be the duty of said constables, or either of them, to arrest, without process, any and all drunken or disorderly persons, or common prostitutes, in any street or public place in said village, and take him or her before the police justice

of said village, or in his absence from said village, before any justice of the peace residing or having an office in said village, to be dealt with according to law. Said police constables shall also have charge of the lock-up of said village, under and subject to the regulations of the board of trustees. The trustees, in the absence of such police constables, shall be, ex officio, police constables, and shall have and may exercise the same powers as such police constables.


336. The police justice shall have jurisdiction, and Police it is hereby expressly made his duty to exercise such jurisdiction in all cases arising under this act, or the by-laws, ordinances, rules and regulations of the village, made by the board of trustees in pursuance of this act, and of the said by-laws, ordinances, rules and regulations, and proceed to trial and punishment of all offenders, according to their provisions, and the provisions of the law and practice of the State. It shall be his duty, and he is hereby empowered to impose the punishments, fines and penalties provided and declared in said act, by-laws, rules, ordinances or regulations in all cases of violations. In case said police justice shall be absent from the village, or there be a vacancy in such office, or in case he be disqualified or unable, for any reason, to act, then and in that case any justice of the peace residing or having an office in said village, shall possess all the powers and shall exercise the same that are by this act conferred upon said police justice. The police justice, or any justice of the peace in this section mentioned, shall be entitled to receive the same fees for services rendered under this act, or under said by-laws, ordinances, rules and regulations, as in other civil and criminal cases.

337. Any penalty incurred by any minor for violating any by-law, rule or regulation of the board of trustees, may be enforced and collected of the parents or guardians of such minor.


incurred by'

338. No account or claim against the village shall be paid until it shall have been presented to the board of trustees, and audited and allowed by them. 339. All by-laws, ordinances, rules and regulations Publication

of by-laws.

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