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appointed by the trustees, to the person who shall offer to take it for the shortest term, for the payment of snch tax, and the interest thereon, and the expenses of such notice and sale. The proceedings shall be discontinued at any time before sale, upon any person paying to the village treasurer the amount of such tax or assessment, the fees and expenses, with the interest and printer's bill; and if the premises are sold, two dollars in addition to the interest and printer's bill may be charged to the expenses of such sale; and if the premises are not redeemed within one year from such sale, the trustees shall execute to the person or persons entitled thereto a lease of the premises so sold, under the corporate seal, and signed by the president for the time being, for the term for which the same were sold, to be computed from the expiration of one year from the day of such sale, which lease shall be presumptive evidence that such tax was legally imposed, and of the regularity of the proceedings and sale, for which the trustees may charge the sum of two dollars on delivery thereof to the purchaser; and such lessees, his, her, or their legal representatives or assigns, may, by virtue of such lease, obtain possession of said premises in the manner prescribed by law in relation to persons holding over real estate sold under execution, and shall and may lawfully enjoy such premises during the time specified in such lease, against the owners thereof, and all persons claiming under them, and shall be at liberty, within thirty days after the expiration of such term, to remove all buildings and ixtures put on said premises during said term in the right of such occupancy. Certificates of such sale may be issued, under the corporate seal, and signed by the president, setting forth the facts and circumstances of said sale, and the time at which such purthaser will be entitled to such lease, and delivered to such purchaser.

$5. The person or corporation in possession as tenants of any real estate shall be liable to pay the taxes assessed thereon, and shall have the right to collect the amount of the owner, unless by agreement the occupant is bound to pay the same.

Tenant

liable to

pay tax.

Guardians, executors,

S6. Every inhabitant of said village having in etc., deemed his possession or under his control, within the bounds inhabitants. of said corporation, any real or personal property as

taxable

Interest on taxes.

Village a separate road district.

trustee, guardian, executor or administrator, shall be deemed a taxable inhabitant to the amount thereof, within the meaning of this act, except as to the right of voting at any election, and may charge the tax, when paid, against the estate of which he is trustee, guardian, executor or administrator.

$ 7. All taxes for the collection of which a warrant shall be issued to the collector, as prescribed by this act, shall draw interest at the rate of twelve per cent per annum, commencing sixty days after the date of said warrant, until the tax shall be paid.

TITLE V.

HIGHWAYS, WALKS, STREETS-IMPROVEMENT AND
ASSESSMENT THEREOF.

$1. The said village is hereby declared a separate road district, exempt from the superintendence and control of the commissioners of highways for the towns of White Plains and Greenburgh, and the trustees shall possess all the powers given by law to the commissioners of highways of towns, within the limits of said village, and the charges and expenses of making, working, repairing, and improving all roads declared public highways in said village, and also for making, altering, repairing and improving bridges upon or over the same, and upon o over any streets or highways in said village, shall be raised by tax upon the taxable inhabitants and prop erty of said village in the same manner as ordinary and general taxes; and the said trustees shall be under the same obligations to keep said roads and bridges in repair, and be subject to the same liabilities in respect thereto, as commissioners of highways and such taxes can be raised by the trustees withou any vote, in addition to the sum allowed by section one of title four of this act for the ordinary and con tingent expenses of the said village, not exceeding the sum of two thousand dollars for any one year for the purpose of this section prescribed, unles authorized to raise a larger sum by a vote of the

taxable inhabitants of said village. No inhabitants residing within the limits of said village shall, however, be entitled to vote at any town meeting on any proposition for raising money by tax for the repairs of roads and bridges in said town, located without the limits of said village, or for the construction of the same; and all property within the limits of said village shall be hereafter exempt from any taxation or assessment for the opening, laying out, maintenance, erection or repairs of any highway, roads and bridges, in said town which are situated without the limits of said village.

control

etc., of

sidewalks,

32 The trustees shall have power, under the Trustees to restrictions and limitations hereinafter mentioned, grading. to cause streets and avenues to be opened, extended, streets, widened, regulated and graded, sidewalks and cross- etc. walks to be flagged, and curb and gutter-stones set; and the streets and avenues to be kept in repair, and sidewalks and crosswalks to be reflagged, and curb and gutter-stones to be reset; to provide that lampposts and lamps be erected and lighted; and cisterns made for the purpose of furnishing water in case of fire; the expense of all such improvements, except as hereinafter provided, shall be a lien on the property benefited thereby, in proportion to the amount

of said benefit.

have con

streets,

public

etc., etc.

squares,

33. All public streets and squares and streets to Trustees to be opened and widened by the proceedings under trol of all these provisions, or to be ceded to and accepted by the trustees, shall be under the jurisdiction, management and control of the said trustees, for the purpose of making the improvements before mentioned, as the public wants and convenience shall require, and for all purposes mentioned in or necessary for the fully carrying into effect all the provisions of this act, and the powers granted to the trustees by this

act.

on petition

streets:

etc.

34 Whenever a petition for opening, extending Proceedings or widening any street or avenue in said village, for opening signed by twelve freeholders of said village, shall be notice of, presented, the trustees of said village shall cause a notice to be published in the village newspapers that such application has been made, and of the time

Limit of assessment.

to court for appointment of commissioners.

(which shall not be less than ten days after the first publication of such notice) when they will proceed on said petition, which notice shall be published at least once in each week for two weeks successively, and unless a remonstrance, signed by a majority of the persons who will be assessed for the expenses thereof, shall be presented to them on or before the day specified in said notice, and if they shall deem the application proper, they may, on the day specified in said notice, or as soon thereafter as may be, by a resolution, decide to allow such improvement to be made. Before giving notice of the pending of such application, the trustees shall fix the limit or district of assessment, beyond which the assessment shall not extend, and a description of such limit or district shall be inserted in, and form part of such Application notice. If the trustees shall deem it proper to permit such improvement to be made, they shall cause application to be made to the county court of the county of Westchester, or to the supreme court, at a special term held in the judicial district in which said county shall then be situated, for the appointment of three persons as commissioners to estimate and assess the expenses of said improvement, and the amount of damages and benefits to be sustained and derived therefrom by the owners of such lands and buildings as may be affected thereby. Notice of said application shall be published in one or more of the village newspapers, once in each week for two weeks successively, before the day on which application is to be made. The owners of property liable to assessment shall have the right to nominate in writing, to the court, persons qualified as hereinafter mentioned, to serve as commissioners; and the said court shall thereupon appoint from among the persons so nominated, if any, three persons as such commissioners, who shall not be interested in the improvement, and shall be owners of a freehold estate in said village liable to taxation; the said court may also appoint another or others to act in the place of any one or more of such commissioners who may die, decline serving, remove from the vil lage, be or become interested in the improvement, or

Notice of application etc., etc.

street, etc.

from any cause may be disabled from serving, without notice, upon application of the said trustees. 35. If the trustees determine to open, extend or Map of widen any street, or avenue, they shall cause a map to be made by a competent surveyor, on which map shall be designated by feet and inches, as near as may be, the several pieces of land and premises necessary to be taken for the improvement, and of any residue of lots or pieces of land within the district of assessment, of which only a part will be required of the same, and also the several pieces of land and premises within the district of assessment laid out by the said trustees, which said several pieces of land shall be numbered in figures from one upwards; and the map aforesaid shall form and constitute a part of the report of the commissioners of estimate and assessment, and shall be deposited with the report for examination, with the clerk. The Certain property of religious corporations, and all public exempt property, shall be exempted from such estimate and assessment.

assessment.

property

from

sioners;

$6. The said commissioners shall be sworn before commis some officer authorized to administer oaths, faith- duty of etc. fully and impartially to perform all the duties which shall devolve upon them by virtue of said appointment, and shall then proceed, with all reasonable diligence, to make the estimate and assessment mentioned in the preceding section; and for this purpose they shall have power to enter upon and examine any premises which, in their opinion, will be affected by the said improvement, to hear the proofs and allegations of the parties interested, at such time and place as they may appoint, and to adjourn from time to time as they may deem proper.

$7. The report of said commissioners shall be made in a tabular form, with columns, in which shall be distinctly given the whole expense of the proposed improvement, and the several items thereof, the number on the map of the pieces of land required for the improvement, and of any residue, lots or pieces of land within the district of assessment, of which only a part will be required for the same; the number of the pieces of land assessed for benefits;

Report of;

tents.

its con

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