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Annual meeting,

powers of voters at.

To determine

amount of general, and highway tax, etc.

As to application of high

way tax.

§ 11. The annual meeting in addition to the election of officers may pass such resolutions as may be deemed proper instructing the trustees in the discharge of their duties, and they shall be bound by such instruction so far as they are within the powers conferred by this act on such meeting or on the trustees. The meeting shall also determine the sum to be raised by general tax on the taxable property of the village for the ordinary expenses of the village. The meeting shall also determine the sum to be raised by general tax upon the taxable property in the village for highway purposes. The failure of such meeting to determine the sum to be raised for either of said purposes, shall be deemed the adoption of the sum which was raised for such purpose the last preceding year. The meeting may also determine how much of such sum raised for highway purposes shall be devoted to permanent improvements, and how much thereof to general repairs of highways, and such funds so determined shall be kept separate, and be expended accordingly. Should the annual meeting omit to make such determination, the trustees may, in their discretion, make the same within one month thereafter, unless such meeting voted against separating the highway fund.

§ 7. Subdivision seven of section twelve of said act as heretofore amended and now in force, is hereby amended so as to read as follows: 7. For the necessary advances for constructing or repairing sideshow, nui- walks, removing snow and ice therefrom, abating nuisances, and for sances, etc doing any other act the trustees are authorized to do, after such pro

Sidewalks, removal of

Meetings

of trustees

Business quorum.

Vote re

quisite, to

pass cer

tain ordi

nances.

Powers of trustees.

As to removal of

ice.

ceedings have been had, as to make such expenses a lien upon real property, or an indebtedness against the owner or occupant upon failure of the owner or occupant to comply with the directions of the trustees in relation thereto.

§ 8. Section twenty-six of said act is hereby amended so as to read. as follows:

§ 26. The trustees shall only transact business as a board sitting in public. At least four trustees, or three trustees and the president being present, and all their acts shall be entered upon the journal of the village. The concurrence of four trustees, or, in case of a tie, the concurrence of three trustees and the president is required to pass any ordinance or resolution which necessarily involves the payment of any money, or the appropriation of any money or property of the village, or for any assessment upon lots for sidewalks or streets or altering a street, or declaring a nuisance and directing its removal or abatement. The concurrence of a majority of the members of the board being present shall be sufficient for any other purpose.

§ 9. Subdivision three of section twenty-nine of said act, as heretofore amended and now in force, and subdivision five of said section are hereby amended so as to read as follows:

3. To compel the owners or occupants of lands, lots and premises snow and in front of or adjoining which there may be a sidewalk, to remove the snow and ice or other obstructions from such sidewalk within such reasonable time, after verbal notice, as they may direct, and in case the owner or owners, occupant or occupants of any such lands, lots or premises shall refuse or neglect to remove the same in accordance with such notice, the trustees may, in their discretion, cause the same to be removed, and in such case collect the expenses of such removal and collection in the same manner and to the extent prescribed in section forty-four of this act.

How enforced.

Nuisances.

5. To determine the existence of a public nuisance in any part of removal or the village and to compel the removal or abatement thereof, and if

of.

not done by the owner or owners, occupant or occupants, of the prem- abatement ises upon which or in front of which or adjacent to which the same may be, within such reasonable time as the trustees may direct, to cause the same to be removed or abated at the expense of the village, and to declare such expense to be a lien upon the lot or premises, and How ento enforce the collection thereof against the owner and the premises in the manner and to the extent prescribed by section forty-four of this act or by action against any other person who may maintain or control such nuisance.

§ 10. Section forty-four of said act as heretofore amended and now in force, is hereby amended so as to read as follows:

forced.

how col

§ 44. All expenses incurred by the village in the enforcement of Expense of any ordinance requiring the construction, grading or repairing of any euforing sidewalk, the removal of snow and ice or other obstructions therefrom, dinances, the removal or abatement of a nuisance, or the doing of any other act lected. the trustees are authorized to do, the person or persons required to do the same, having neglected or refused, may be by the trustees assessed on such owner or owners so neglecting or refusing, and be collected by warrant issued by them to the collector as other taxes are directed to be collected by this act, except that no notice of the time of the delivery of such warrant to the collector shall be required to be published or posted. And in case such tax or assessment shall not be How enpaid or collected, the trustees may cause such real estate to be sold forced by for payment and collection of such tax, and the cost and expenses estate. arising from the non-payment in the manner and with the effect and subject to the provisions of this act in regard to the collection of taxes and assessments by the sale of real estate, or by action at law in the name of the village against the person or persons liable.

§ 11. Section forty-six of said act is hereby amended so as to read as follows:

sale of real

ties and

§ 46. It shall be the duty of the assessor within sixty days after the village asannual election to prepare an assessment-roll and valuation of the sessor, duproperty subject to taxation in the village, and to complete the same powers of. in all respects as nearly as practicable in the manner prescribed by law in respect to town assessors and assessments. And the village assessor is hereby invested with the same powers in respect to assessments as town assessors have, including the power to administer oaths and to correct the valuation on the application of persons interested; but the notice of the time and place of meeting to hear applications to correct the valuation shall be published at least two weeks in the official paper of the village, if such there be, and shall also be printed and posted in ten public places in the village. When a tax for a special purpose Special shall be ordered by a special meeting after the annual tax-list is com- tax, how pleted, the assessor shall assess the same upon the valuation prepared for the annual tax for that year, making the necessary corrections on account of the change, if any, of the ownership of property.

§ 12. Section forty-eight of said act, as heretofore in force, is hereby repealed, and the following section to be known as section forty-eight, enacted in place thereof.

assessed.

tax-roll

lage col

§ 48. The tax-roll, when completed, shall be immediately delivered Delivery of by the clerk to the collector with a warrant thereto annexed, signed with warby the president and the trustees, or a majority of them, commanding rant.to vil him to collect the taxes thereon specified, with his fees, and return lector. said warrant and roll within sixty days after the date of the warrant, unless the same shall be further extended. The board of trustees Extension may twice extend the time for the return of such warrant, for thirty rants.

of war

Interest upon un

paid taxes,

etc.

Collection,

how enforced. Tax and assess

days each beyond the first sixty days, and such extension or extensions shall in no event affect the validity of any bond given by the collector and his sureties. All taxes and assessments which shall remain unpaid for thirty days after the final return of said warrant shall bear interest at the rate of twelve per centum per annum, from and after the date of such return, and shall be collected as herein directed, either by a sale of the estate assessed in the manner hereinafter provided or by suit against the party liable to pay such assessment. Every tax or assessment for whatever purpose imposed, charged upon real estate within the village, by nature of any provision of this act, shall be a lien upon the real estate so charged from the time of the delivery of the warrant to the collector for five years after such delivery, unless discharged by full payment; and if any such tax or assessment Power of shall be returned unpaid the trustees may proceed to sell the same at trustees to the time, and in the manner hereinafter provided, and the village shall have the right to receive and collect interest on such unpaid taxes and assessments at the rate of twelve per centum per annum from the time such tax is returned unpaid.

ments, to be a lien upon

lands.

sell lands therefor.

Highway poll-tax.

Exemptions.

Certain exemptions

proof.

§ 13. Section fifty of said act, as said section is now numbered by former amendments of said act and now in force, is hereby repealed and the following new section fifty and subdivisions enacted in place thereof:

§ 50. Every male inhabitant of the village of the age of twenty-one years and over, except such persons as are exempt, as herein provided, shall be annually assessed one dollar highway poll-tax in the manner herein provided.

1. Priests and ministers of any denomination, paupers, idiots and lunatics shall be absolutely exempt from such poll-tax.

2. Members of the fire department of the village, exempt firemen upon fling honorably discharged from said fire department, soldiers and sailors receiving pensions for disability incurred in the military or naval service of the United States and persons of seventy years of age or over shall be exempted, provided that the person or persons entitled to such exemption make and file with the clerk an affidavit stating the ground upon which such exemption is claimed. Such affidavit may be made before the president, clerk, assessor or any of the trus tees, all of whom are hereby authorized to administer oaths for that purpose.

Village

clerk to

keep list of exemptions.

Highway

poll-tax assessments,

3. The clerk shall keep in a book to be provided for that purpose an alphabetical list of the names of all persons known to be exempt as provided in subdivision one, and of all persons proving their right to exemption under the provisions of subdivision two of this section and such names shall not be put on the assessment-roll for highway poll-tax.

4. Within sixty days after the annual meeting of the village the assessor shall make an assessment-roll, which shall be known as the how made. "Highway Poll-tax Assessment," containing the names of all the male inhabitants of the village of twenty-one years of age or over, except those exempt, and those proving their right to exemption from poll-tax as herein provided, and assess to each person the sum of one dollar. The assessors shall give notice of the completion of said roll at the same time and manner that notice is given of the completion of the general assessment of the village, and the same shall be revised and corrected in the same manner, and at the same time of the revision of the general assessment; and, when completed by the assessor, the same shall be delivered by the clerk to the collector, with a warrant

Review

and correction thereof.

Delivery

with war

sions of

tax.

thereto attached, signed by the president and the trustees, or a majority rant to vilof them, commanding him to collect the poll-tax therein specified, lector. within sixty days after the date of the same, unless the same shall be further extended. The trustees may, in their discretion, twice extend Extenthe time for the return of such warrant for thirty days each beyond warrant. the first sixty days. And such extension or extensions shall in no event affect the validity of any bond given by the collector and his sureties. The general bond of the collector shall apply to and cover his duties in the collection of the highway poll-tax. The collector Notice of shall give notice of the receiving of said warrant, in the same manner receiving and at the same time of noticing his receiving the warrant for the collection of the general taxes. On all sums received by the collector Powers within the first thirty days after receiving such warrant, the collector and fees of may deduct two per centum, and all sums collected after the expiration of said thirty days, he may deduct five per centum as his fees. It shall be the duty of the collector to demand of each person named on said assessment-roll, not voluntarily paying his assessment the polltax assessed to such person, if he can be found in the village, and on the final return of said warrant the collector shall make an affidavit Return of showing the whole amount by him collected and containing the names of all persons of whom demand has been made and who have neglected or refused to pay such tax. All sums collected on said high- Payments way poll-tax assessment shall be turned over by the collector after de- to village ducting his fees as herein provided, to the treasurer of the village, who shall give to the collector a receipt therefor, stating the exact sum or sums by him received.

collector.

unpaid poll-tax.

treasurer.

unpaid

5. Within ten days after the final return of such highway poll-tax Prosecuassessment the trustees shall, by resolution of the board, duly entered tions for in the village records, direct the village attorney to prosecute, in the poll-tax. name of the village, as hereinafter provided, all persons named in the return of the collector as having failed to pay his poll-tax assessment after demand therefor.

torney,

poll-tax.

du

ings before

town jus

6. The village attorney, thereafter, shall make complaint, on oath, Village atbefore a justice of the peace of the town of Granby, that the name of ties in colthe delinquent to be prosecuted appears on the last highway poll-tax lection of assessment of the village, that it appears by the verified return of the collector that the poll-tax so assessed has been demanded of said delinquent, and that he has refused or neglected to pay said tax, and that the trustees, by resolution, have directed the prosecution. The Proceedjustice to whom such complaint shall be made shall forthwith issue a summons directed to any constable of said town of Granby, requiring tice. him to summon such delinquent to appear forth with before such justice at some place in the village to be specified in the summons, to show cause why he should not be fined according to law for such refusal or neglect to pay his poll-tax assessment. The summons so issued shall be served personally upon such delinquent by handing to and leaving with him a copy thereof. On the return of such summons with the constable's notice of such personal service duly made therein, the justice shall wait a reasonable time for the appearance of the person summoned and if there be no appearance, or if there be an appearance and no sufficient cause is shown to the contrary, in either case the justice shall impose a fine of two dollars for the offense complained of with costs of the proceedings, and shall forthwith issue a warrant directed to any constable of the town commanding him to collection levy such fine with the costs of the proceedings and collection of any of goods and chattels of such delinquent and make due return thereof sale.

fine, by

ment in certain cases.

to such justice; or in case no goods and chattels of said delinquent can Imprison- be found, out of which to collect such fine and costs, to take the person of said delinquent to the county jail of Oswego county, there to remain until such fine and costs are paid or he be discharged according to law, such imprisonment, however, not to exceed thirty days. No goods and chattels of any kind belonging to such delinquent shall be exempt from levy and sale on such warrant. The payment of said fine and costs shall be an extinguishment of the highway poll-tax of the person fined for that year.

Village

to keep

separate poll-tax fund.

7. All fines collected by such proceedings against delinquents shall treasurer, be paid to the treasurer of the village, who shall duly receipt therefor, and be kept by him, with all sums paid him by the collector on the highway poll-tax assessment, as a separate fund, to be known as the "highway poll-tax fund," and the trustees shall, in each year, set apart, by resolution of the board. such part thereof, not exceeding one-half, as they may deem advisable, to be used under their direction in keeping the streets and sidewalks of the village in good condition during the winter season. The remainder of such fund may be expended for such general highway purposes as the trustees may direct. § 14. Section sixty-five of said act, as said section is now numbered by former amendments of said act and now in force, is hereby amended so as to read as follows:

How appropriated and applied.

Police justice to keep min

utes as to fines, costs,

etc., received.

Annual report and accounting

65. The police justice shall keep a book in which he shall enter all proceedings had before him and all business pertaining to his office done by him and shall make accounts thereof with all fines, costs and fees received by him in any case and shall pay over all fines collected by him for offenses other than violation of village ordinances in the same manner and to the same officers as justices of the peace in like cases are required by law to do. He shall report annually to the board of town auditors of the town of Granby all money received by him from such criminal matters and the disposition thereof. He bond, how shall before entering upon the duties of his office execute and file with the town clerk of Granby an instrument in writing, with two or more sureties, to be approved by the supervisor of said town of Granby, conditioned that he will pay over on demand or as required by law to the officers, person or persons entitled to the same all money received by him in virtue of his office.

Official

filed.

Liability

for damages for personal Injuries,

etc.. restricted.

§ 15. Section seventy of said act, as heretofore amended and numbered, and now in force, is duly amended by adding thereto a new subdivision, which shall be known and designated as number five, to read as follows:

5. The said village shall not be liable for the damage or injury susfvige tained by any person in consequence of any street sidewalk or crosswalk in said village being out of repair, unsafe, dangerous, or obstructed, unless actual notice of the defective, unsafe or obstructed condition of said sidewalk or crosswalk shall have been given to the board of trustees or the president at least forty-eight hours previous to such damage or injury. All claims against the village for damage or injury, alleged to have arisen from the defective. unsafe, dangerous or obstructed condition of any street, crosswalk, sidewalk, culvert or when to be bridge, of the village, or from negligence of the village authorities in respect to any such street, crosswalk, sidewalk, culvert or bridge, shall within three months after the happening of such damage or injury, be presented to the board of trustees by a writing signed by the claimant and properly verified, describing the time, place, cause and extent of the damage or injury. The omission to present such claim

Actions against village therefor,

brought.

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