Bale of real esta e fur taxes. Notice. Common Conseil my &c. them by the fund to which such receipts are credited, and out of which such expenditures are made, and shall also, when required, exhibit a general statement showing a financial condi tion of the treasury, which account, report and statement, shall be filed in the office of the recorder. Sec. 18. The taxes upon real estate, with the special assessments for the purposes mentioned in section thirteen of this act, and assessed in manner hereinafter in this act provided, on the assessment roll, which, according to the return of the marshal upon said roll remains unpaid at the expiration of his warrant, and which, with the interest thereon, to be computed at fifteen per cent. per annum until paid, shall remain unpaid for one year from the date of the marshal's warrant aforesaid, the treasurer of said village shall collect by sale of the real estate charged with such taxes and assessment by sale of so much thereof at public auction, at some public place in said village, to the highest bidder, as shall be necessary to pay the said taxes, assessments and interest, together with all charges thereon, first giv ing at least two months notice of the time and place of said sale by advertisement posted up in three public places in said village, or by causing the same to be published eight weeks successively in a newspaper printed in said village; and affida vit of said publication or posting of said notice, recorded in the manner prescribed in the twelfth section of this act, shall be deemed prima facie evidence of the fact of publication or posting of such notice. Sec. 19. The common council shall have power and authority op a streets to lay out and establish, open, work, alter and discontinue such streets, lanes, alleys, highways, water-courses, ditches and bridges, within the limits of said village, as they may deem necessary for the public convenience, and if, in doing thereof, Proceedings they shall require for such purpose the grounds of any person or persons, they shall give notice thereof, to the owner or parties interested, or his or their agent or representative, by personal service or by written notice posted up in three of the most public places in said village, at least three weeks previous When pri vate prop erty is taken. to the meeting of the common council for the purposes aforesaid; and when said common council shall have made a deter- Damages. mination upon the laying out, establishing, opening, making, altering or discontinuing such street, lane. alley, highway, water-course or bridge, and such person or persons shall claim damages in consequence of such determination, the said common council are hereby authorized to treat with, settle and adjust the damages thus claimed; and in case the common council shall fail to agree with such person as to such damage, or fail to adjust the same with him or her, the common council, or any such person, his or her agent or attorney, may file a petition setting forth the premises and facts in the case, with a justice of the peace in said village or said township of Decatur, who shall appoint a day not more than twelve days and not less than six days from the filing of said petition, with time for the hearing the same, and notice of such time and place of hearing shall be served upon the common council (if the petition is filed by other than such council) and upon the person or persons interested in the question of damage, if said petition is filed by such council, at least six days previous to the time of such hearing; and the said justice shall then proceed to hear and Determinadetermine the question of damages aforesaid, unless a jury for ages. that purpose shall be demanded, and if either party require it the said justice shall cause a jury of twelve men, unless a less number is agreed upon disinterested freeholders, to be summoned to hear and determine the amount of damages to be allowed, and the verdict of the jury, o judgment, shall be conclusive as to the amount to be paid; and when the amount of. said judgment or verdict shall be tendered to the person entitled damages. to the same, after the right of appeal shall have expired, the right of way, or rights to the grounds in question, for the purposes aforesaid, shall be deemed to have passed to the said corporation; and if the person or persons interested as owners Notice ta of the lands, and having a right to claim damages as aforesaid, claimants. are non residents of the county of Van Buren, and personal service of such notice from said justice cannot be had upon . tion of cam Jury. Tender of nne-ident ges are not elaimant to him or her at some place within thirty miles of the said village, then the said justice shall continue the time of said hearing to a day certain, not less than thirty nor more than ninety days, and cause notice of the pending of such question of damages to be posted up in three public places in said village, or to be published in a newspaper printed in said village at least four When dama. weeks preceding such postponed day; and if, by the verdict of awarded said jury or the judgment of said justice, no damage shall be pay costs. awarded to the claimant thereof, and the petition thereof had been filed by such claimant, said justice shall render judgment against said claimant for the costs of the proceedings before said justice, and the said justice shall have power to issue execution thereon: Provided however, Either party may appeal to the circuit court as in other cases, and in case of appeal the judgment of the court thereon shall be final; and if the claimant shall not recover judgment in the circuit court for greater damage than was rendered by the verdict of the jury or judgment of the justice appealed from by him, then costs of said appeal, and accrued in said circuit court, shall be paid by said claimant, and when the amount of said judgment in the said circuit court has been tendered or paid, the same right shall accrue to said corporation, as above specified, would accrue upon payment or tender of the same had not an appeal been taken. Appeal. Fire com panies. Firemen. Proviso. Officers of fire com panies. Sec. 20. The common council shall have authority to estab lish and organize all such fire companies, and hook and ladder companies, and provide or purchase for them proper engines and other instruments, and buy or construct buildings, and purchase grounds or land for such buildings as shall by them be deemed necessary to extinguish fire and preserve the property of the inhabitants of said village from conflagration; to appoint from among the inhabitants of said village such number of men, willing to accept, as may be deemed proper and necessary to be employed as firemen: Provided, Such number shall not exceed fifty in the management of an engine; and fire, hose, hook and ladder companies, shall have power to appoint their own officers, pass by-laws for the organization and good of firemen. government of said companies, subject to the approval of the common council, and may impose and collect such fines for the non-attendance or neglect of duty of any of its members as may be established by such by-laws and regulations of every such company; and every person belonging to such company Exemption shall obtain from the recorder of said village a certificate to that effect, which shall be evidence thereof; and the members of such companies, during their continuance as such, shall be exempt from serving as jurors, and working poll-tax on the highways or streets of said village; and it shall be the duty of every Duties. fire company to keep in good and perfect repair the fire-engine, hose, ladders and other instruments of such company; and it shall be the duty of each fire company to assemble once in each month, or as often as may be directed by said common council, for the purpose of working or examining said engine and other implements, with a view to their perfect order and repair. Sec. 21. Upon the breaking out of any fire in said village, the Duty of marshal shall immediately repair to the place of such fire, and fires. aid and assist, as well in extinguishing such fire as in preventing any goods from being stolen, and also in removing and securing the same, and shall in all respects be obedient to the president, recorder and trustees, or either of them, who may be present at the fire. marshal at port of com Sec. 22. The common council shall, at the expiration of each Annual reyear, cause to be made out and published in some newspaper mon council printed in said village, if one shall be printed therein, and if not printed therein, then to be posted up in three public places in said village, a true statement of the receipts and expendi tures of the preceding year. disqualified Sec. 23. In all processes, prosecutions and other proceedings, Citizens not wherein the common council shall be a party, no citizen of said as jurors, &e village shall be deemed an incompetent juror or witness on account of the interest of such citizen in the event of such process or proceedings: Provided, That such interest be only that which exists in common with the citizens of said village Sec. 24. The said common council shall have power to make Public bealth. Fines for hna-cept. fico. and enforce such rules, by-laws and ordinances as they shall think proper or deem necessary to preserve the health of the inhabitants of said village, and to prevent the spread of contagious diseases. Sec. 25. Any person elected to any office in the said corpora f of tion, who has been duly notified of his said election shall neglect or refuse to qualify within the time provided in this act, and cause the certificate of his official oath, not exempted from holding office, shall forfeit and pay the sum of five dollars. Common Sec. 26 The common council of said village shall have and cu gì máy buid jail. possess full power and authority to provide by ordinance for the erection and maintenance of a house or jail within the limits Who may be of said village, wherein may be confined drunkards, vagrants, co fined the.e.n. Compensa. tion of uttiCuroo Public act. ₫ sorderly or idle persons, persons violating the public peace, persons guilty of petty offenses, and persons violating any of the by-laws, ordinances or regulations of said corporation, for the violation of which persons guilty thereof may be impris oned, and wherein may be imprisoned any person convicted of any offense committed within the limits of said corporation, for which such person is liable to be imprisoned in the common jail of said county of Van Buren, or arrested on a charge for such offense, and awaiting a trial therefor. Sec. 27. The recorder, treasurer, attorney, marshal, and all other officers of said village, shall receive such compensation for their services as the common council may deem right and proper; but the president and trustees shall receive no compensation for their services, but may, at their option, once in each year, provide a dinner or supper for themselves and other officers of the corporation, at the expense of said village Sec. 28. This art shall be deemed a public act. |