Commis sioners to Notice of meeting. To view premises evidence. Award of damages. be filed, such owner or owners shall be deemed to have waived all claim thereto, and to have consented and agreed to such improvement. If any claim shall be filed as aforesaid, the said trustees at the time and place in the said notice specified shall make application to the said county judge for the appointment of such commissioners, and any person who shall have filed such claim shall have a right to be heard on such application. The commistake oath. sioners, having been duly appointed, shall enter upon the performance of their duties without delay, shall take and subscribe an oath before some person authorized to administer oaths, faithfully, honestly and impartially to perform their duty as such commissioners according to the best of their ability, and shall give notice of the time and place of their meeting for that purpose by publishing the same once in a newspaper printed in the said village. At the and receive time so appointed they shall proceed to view the premises, and may receive any legal and pertinent evidence, and may, if necessary, adjourn from day to day. They shall determine and award to the owner or owners so claiming damages as aforesaid, such damages as in their judgment such owner or owners will sustain by such improvement, after making due allowance for such benefit, if any, as they will derive thereform. They shall at the same time assess and apportion the said damages, if any, on such real estate as in their opinion will be benefited thereby, as nearly as may be in proportion to the benefit to result therefrom; but if the whole or any part of such damages cannot justly be assessed on such real estate, then the said upon village commissioners shall assess thereon no part, or only such portion of the damages as shall, in their opinion, be just and equitable, and the same or the balance thereof they shall assess to be paid as a general tax upon the said village, and such balance shall thereupon become a charge upon the village, and shall be added and levied with the next general assessment and tax for village purposes, and the same shall be payable to the person or persons entitled thereto as soon as the same shall have been so collected. Assessment The said commissioners shall briefly describe the real estate upon which any assessment is made by them, and shall designate the owners or occupants of the several pieces or parcels thereof, and what, if any, parts of the same are owned by non-residents, according to the best Removal of information they can obtain. If there be any building on any land taken for such improvement, the value there To assess damages, upon real estate benefited. May assess part of damages by general tax. how made out. buildings. sioners, to termination and assessment, to trustees. of, to remove, shall be estimated and stated by the commissioners, and the owner may remove the same within twenty days, or such other time as the trustees may deem reasonable and allow, after the confirmation of the report of the commissioners, and if the same shall be so removed the value thereof, thus ascertained, shall be deducted from any damages awarded to such owner. The determina- Commistion and assessment of the commissioners, signed by all of return dethem, shall be returned to the trustees within forty days after their appointment. If either of the commissioners shall refuse, or be unable to serve, on account of sickness or other cause, the trustees may at any time, upon eight day's notice to each owner, make application to the said county judge, for the appointment of some other suitable person in lieu of such refusing or disabled commissioner, and the said judge shall make such appointment. After Trustees to the determination and assessment of the commissioners of hearing give notice shall have been returned to the trustees they shall give objections. notice, by publishing the same in one or more of the newspaper printed in said village, that, at a time and place to be specified in the said notice, such determination and assessment will be confirmed, unless objection be in the mean time made by some person interested. All such objections shall be in writing and filed with the village clerk. If no such objection be filed, such determination and assessment may be confirmed by the trustees, and the same shall be final and conclusive; but, if objections shall have Hearing of been filed as aforesaid, the person so filing the same shall objections. have a right to be heard in regard thereto, on the day specified in the said notice, or on such other day or days as the trustees shall appoint, and at the expiration of the time fixed for such hearing, the trustecs shall either con- To confirm firm the said determination and assessment or annul the back assesssame. If they confirm the same their decision shall be ment. final and conclusive, but if they annul the same they shall refer the matter back to the same commissioners, or to five others, to be appointed by the county judge of Livingston county, on application to him, upon eight days notice to each owner. The commissioners in making the second assessment, and the trustees in acting thereon, shall proceed in all things as herein before directed with respect to the first. If the trustees shall confirm the second assessment it shall be final and conclusive, but if they annul the same, all the proceedings in the matter shall be null and void. Upon the final confirmation of or refer tion, how filled. Confirmed such determination and assessment the same shall be filed determinain the office of the village clerk, and thereupon the trustees shall cause such improvements to be made and completed. Pay of commissioners, surveyors, etc., to be assessed with damages. Service of notice to construct or repair Service $47. The commissioners aforesaid shall be allowed three dollars for each and every day actually and necessarily employed in the performance of their duties as such commissioners, and their compensation and that of the surveyors employed in the matter, and all other necessary expenses (all of which shall be audited and the amount thereof determined by the trustees) shall be considered as a part of the expense of such improvement, and shall be assessed with and as a part of the damages, as hereinbefore provided. § 48. The board of trustees in their resolutions requir ing the flagging, constructing, repairing, curbing or gutsidewalks. tering of sidewalks, shall specify in what manner and within what time they require the same to be done. They shall cause to be served, at least twenty days before the expiration of the term so specified, upon the owners or occupants of the lands adjoining such sidewalks to be so improved, a copy of such order or resolution, together with a notice that if the work is not done within the time specified, by the several owners and ocupants of the adjacent lands, it will be done by the said trustees at the expense of the said owners or occupants. or occupants. Such service shall be made upon each owner, occupant or agent by delivering the same to him personally, or by leaving the same with some member of his family of suitable age. In case the land is unoccupied and the owner is a nonresident and has no agent in the said village, such service known land may be made by depositing the same in the post-office directed to him at his place of residence. In case the owner or his place of residence is unknown, such service may be made by affixing a copy of the order and notice upon a conspicuous part of the premises. Affidavits of the service of such order and notice shall be filed in the office of the clerk of the village. In case such constructing, repairing, flagging, curbing and guttering shall not be made and completed as required within the time limited, the trustees shall have power to make or complete the same, and the expense of so doing shall be assessed and charged against the owners respectively of upon lands. such real estate adjoining which such sidewalk shall be so made or improved, and shall be a lien thereon, and if the upon nonresident and un owners. Trustees to make improvement, if Owners neglect same. Expense thereof, to be a lien enforced by same be not paid to the treasurer within such time as the To be lected by a cutions appoint ad litem. 49. When an infant or other incompetent person shall Court may be interested in any real estate affected by any improve- guardian ment under this act, the county judge shall have power to appoint a guardian ad litem for the better security of the rights and interests of such incompetent person, and such guardian shall be entitled to receive, for his services as such, a sum not exceeding five dollars, and no other costs or fees. $50. If the trustees shall require any sidewalk, or curb and gutter, already made, to be repaired, relaid or reset, or the line of any sidewalk to be changed, the notice required by section forty-eight may be served or posted, as therein required, not less than ten (instead of twenty days) before the expiration of the time prescribed for the completion of the improvement. POLICE DEPARTMENT. Notice to walks, how long given. repair side justice, his SECTION 51. The police justice shall reside in said vil- Police lage of Geneseo, and shall keep his office in some conven- powers and ient place therein. He shall perform the same duties jurisdiction enjoined, and shall possess the same jurisdiction, and exercise the same powers and authority conferred by law, now or hereafter, upon the police justice of the city of Rochester in this State. He shall also have exclusive jurisdiction in all actions brought to recover fines or penalties for any violation of this act, or of the by-laws, ordinances, rules and regulations of the said village, and all his judgments and proceedings in respect thereto, may be reviewed in the same manner as is now or may be prescribed by law with respect to the judgments and proceedings of justices of the peace. Persons arrested for violations taken before police Justice. § 52. Every person arrested for a violation of this act, or of any ordinance or by-law of the village, shall be taken of act to be without unnecessary delay before the police justice, to be dealt with according to law, but if such police justice is unable to act, by reason of absence from the village, sickness or other cause, the person so arrested shall be so taken before a justice of the peace residing in the said village, who shall then possess the same powers in the premises as when to act. the police justice. Town justice, Actions to recover fines, etc., how brought. First process. § 53. All actions brought to recover any fine, penalty or forfeiture incurred under this act, or under any ordinance or by-law made in pursuance thereof, shall be brought in the corporate name, and in such action it shall only be necessary to allege in the complaint that the defendant is indebted in the sum claimed, and referring to the section or sections of this act, or the by-law or ordinance under which the penalty is claimed, and to give the special matter in evidence; and the defendant may answer by denial, general or specific, and give the special matter in evidence. The first process in any action under this act, or any by-law or ordinance made in pursuance thereof, may be by warrant, and every such process shall contain an indorsement. stating that the same is issued to recover a penalty, and referring to the section or sections, by number, of the law or ordinance or by-law under which the penalty is claimed, and no other indorsement shall be necessary. All expenses incurred in proceedings for the recovery of any fine, penalty or forfeiture shall be defrayed by the corporation, Fines, how and such fines, penalties, forfeitures and costs when coldisposed of. lected shall be paid to the treasurer of the village for the use thereof, except as herein otherwise provided. When judgment shall have been recovered for any fine, forfeiture or penalty, the execution thereupon shall direct that if the person or persons against whom the judgment has been recovered have no property whereon to levy the same, or out of which the same can be collected, such person or persons shall be imprisoned in close custody in the county jail for a term to be specified in the execution, not exceeding thirty days, and it shall be executed accordingly. Expenses of proceed ings to be defrayed by village. Executions upon judgfines. ments for Imprison ment for nonpay ment thereof. Police jus tice, when § 54. It shall be the duty of the police justice, whento subpoena ever requested by the trustees or the president of the vilwitnesses. lage, to issue subpoenas requiring any person to appear before him to give evidence upon a complaint or charge for an offense committed, or supposed to have been com |