when as terested. Proceedings them, be interested in property liable to be affected sessor is in- by such assessment, or from any cause incapable of acting, the trustees may appoint in place of each assessor thus disqualified, a disinterested freeholder of said village, residing therein, to perform the duties of such assessor under this section, as to such assessment; and such freeholder, before entering upon the performance of said duties, shall take an oath to make the said assessment fairly and impartially, according to his best judgment. When any assessment under this section shall be confirmed by the trustees, the said certificate thereof and duplicate shall be thereupon filed with the clerk, and shall both be deemed originals, to one of which shall be annexed the warrant for the collection of said assessment, and to the other a copy of said warrant, with a receipt of the collector for such certificate and warrant. The compensation of the said assessors or freeholders for their services under this section shall be fixed by the said trustees, and such compensation and all necessary costs and expenses of making such assessments, shall be ascertained and audited by the said trustees, and by them added to and made a part of the said assessment; and the collector shall collect the whole amount assessed, with five per cent for his fees. Sidewalks improvement of Who to specify ma notice, etc. S44. The trustees shall have power to require all the sidewalks and the whole or any part or parts of any sidewalks in said village to be graded, constructed, made, paved, flagged, curbed, guttered, relaid, reset, amended and repaired, and to require any or either of said improvements, acts or things to be made or done, in such manner, at such times and of such materials as they may prescribe and direct. $45. The trustees, in their resolutions or ordinances terials, give requiring all, any or either of the improvements, acts or things mentioned in section forty-four of this act, shall specify in what manner and within what time and of what materials the same must be made or done. They shall cause to be served, at least twenty days before the expiration of the time so specified for such performance, upon the owners or occupants of the lands adjoining such sidewalks so to be cases trus tees to do the work. improved as aforesaid, a copy of such resolutions or ordinance with a notice that if the same is not done within the specified time by the several owners or occupants of the adjacent lands, it will be done by said trustees at the expense of such owners or occupants. Such service shall be made in the manner Mode of (except as to publication) prescribed in section thirty- notios; four of this act, for the service of the notice therein required. In addition to such service, the trustees shall also, at least twenty days before the expiration of the time specified for performance, cause a copy of such resolution or ordinance to be published in one or more of the newspapers printed in said village, for at least one week. Affidavits of the service and publication of such resolution or ordinance may be filed or recorded, or both, in the office of the clerk of said village, and the said affidavits or the record thereof, or a certified copy of either, shall, in all courts and places, actions and proceedings, be prima facie evidence of the facts therein stated. In In what case any such improvement, act or thing so required shall not be made, done or completed, as requiredwithin the time so specified, the trustees shall have power to make, do or complete the same, and having done so, shall, without giving any further or other notice, proceed to make a special assessment of the expense thereof against the delinquent owners or occupants and upon the said adjoining lands owned or occupied by them, assessing upon each parcel or lot of land the expense of the sidewalk immediately adjoining it, and a due proportion of the expense of making said assessment; and the said assessment from the time of the filing of the certificate thereof shall be final and conclusive upon all persons and parties affected thereby. The said trustees shall make and file with the clerk a certificate of such assessment and a duplicate thereof, both of which shall be deemed originals, and to one of which shall be attached the warrant for the collection of said assessment, and to the other a copy of said warrant and the collector's receipt for said certificate and warrant. The said certificate shall be substantially in the form prescribed in section forty-three of this When Establishment of grades of streets, etc. Fire department. Officers of; how to be chosen. act for the certificate therein required, and shall be signed by the trustees or a majority of them. And the collector shall collect said assessment with five per cent for his fees. $46. Whenever an infant or other incompetent person shall be interested in any real estate affected by any improvement under this act, the county judge of Ulster county shall have power to appoint a guardian in the nature of a guardian ad litem to protect the interest of said infant or other incompetent person; such guardian shall be entitled to receive for his services a sum not exceeding five dollars and no other costs or fees. S47. If the trustees shall require any sidewalk or curb and gutter, which has once been made, to be repaired, relaid or reset, it shall be sufficient to serve and publish the notice and the copy of the resolution or ordinance mentioned in section forty-five of this act ten days before the expiration of the time limited to make such improvement, instead of twenty days, as therein provided. S48. The said trustees shall have power to establish the grades of all streets, lanes, alleys, highways and sidewalks in said village, and to require the same to be made and repaired in conformity thereto. TITLE VI. OF THE FIRE DEPARTMENT. S49. The trustees shall have power to appoint one or more companies of firemen, one or more hook and ladder companies, and one or more hose companies, which shall constitute the fire department of said village; to determine the number of members which shall compose each company; to designate one member of each company as foreman thereof; to remove, in their discretion, any member of either of said companies; and to make rules and regulations for the government of the fire department and of each and every of said companies, and for the performance of their respective duties. $50. The members of the several companies composing the said fire department, shall annually, at such time or times, and in such manner as the board gineer. duties of. of trustees shall designate, vote for a chief engineer and assistant engineers of the fire department of said village, and the persons receiving the highest number of votes for such offices, respectively; shall be appointed thereto by said board of trustees, unless in their judgment, for any cause he ought not to de thus appointed; and in case of such rejection, it shall be the duty of the board of trustees to order a new election, and at such new election the person or persons thus rejected shall be ineligible, and all votes given for him or them shall be void and not counted. The chief engineer of the fire department shall, Chief enunder the direction of the president and trustees, have the general superintendence and custody of the fire engines, engine-houses, hooks, ladders, hose, and other fixtures, apparatus and conveniences for their preservation and for the extinguishment of fires. It Powers and shall also be his duty to see that the same are kept in proper order, and to make detailed report to the president of their state and condition, and of the state of the fire department, one week before the annual meeting, and to make like reports to the board of trustees as often as they may require. It shall also be his duty to be present at fires of buildings within said village, and take the command of the fire companies, hose companies, and hook and ladder companies, and the general control of the apparatus for extinguishing fires. He shall also have such other powers and perform such other duties as the trustees in their by-laws or ordinances may prescribe. The Assistant assistant engineers shall aid the chief engineer at all fires; and in case of the absence of the chief engineer, the powers and duties of his office shall devolve upon and be discharged by the assistant engineers. The president and trustees, the chief engineer, or fire- Duty and wardens, may keep all idle and suspicious persons president away from the vicinity of any fire in said village; at fires. and may require the inhabitants of said village, or any bystanders, to form ranks or lines to carry water for the extinguishment of any fire in said village, and to aid the firemen in working their engines, hooks, ladders and hose, and in removing and protecting property thereat; and if any member of the fire engineers. powers of and trustees Who tô constitute ment. department, or any other person, during the time of any fire in said village, neglect or refuse to obey the order of such chief engineer, or assistant engineer, or if any inhabitant or bystander refuse or neglect to obey the order of the president, or of any trustee, or firewarden, given under the above named authority, such person shall be subject to a fine of ten dollars, to be sued for and recovered in the name of the corporation, and paid into the corporation treasury for the benefit of the fire department of said village. S51. The members of the present fire companies, Are depart hose companies and hook and ladder companies of the village of Rondout, shall continue to constitute the fire department, and to be firemen of said village, subject to removal by the trustees as aforesaid; and the present ordinances, rules and regulations concerning said fire department shall continue in force, except so far as the same may be modified or repealed by the board of trustees. Firemen exempt services. 52. The members of said fire department shall, from certain while they continue to be such members, and those who have faithfully served as such for five years, shall thereafter be exempt from service on juries, or in the militia, except in case of war, invasion, riot or insurrection. By-laws in evidence. TITLE VII. MISCELLANEOUS PROVISIONS. $53. Every by-law, ordinance, rule, regulation, resolution or proceeding of the board of trustees of said village, may be read in evidence in all courts and places, and in all actions and proceedings, either from a copy thereof, certified under the corporate seal, by the president or clerk of said village, or from any printed volume containing such by-law, ordinance, rule, regulation, resolution or proceeding, and accompanied by a certificate signed by the clerk of said village, that such volume contains a correct transcript of such by-law, ordinance, rule, regulation, resolution or proceeding, and that the same printed by authority of the said board of trustees. $54. No person shall be an incompetent judge, justice or juror, by reason of his being an inhabitant was |