Highway assessment. Streetcom president; one-half of them shall contain the words "for one year," and those who draw them shall hold their office for one year only-the other half shall contain the words "for two years," and those who draw them shall hold their office for two years. If any trustee shall not be present, the president shall draw for him. The result must be entered in the village journal. If a vacancy shall happen in any office, it must be filled by the trustees, but not to hold beyond the next annual election. In case of an elective office, if the vacancy be not then expired, it must be filled for the residue of the term by election. A person elected to fill a vacancy holds only for the unexpired term. §3. Sections forty-eight, forty-nine, fifty, fifty-one, fiftytwo, and fifty-three, of the act hereby amended, are amended so as to read as follows: § 48. Upon the delivery of the highway assessment by the assessors to the trustees of the village, they shall cause a copy thereof, together with their warrant for the collection thereof in money, at the rate of fifty cents for each day's labor assessed, to be delivered to the collector of the village. $49. The street commissioner has the care and supermissioner. vision of the streets and highways within the village, to keep them in good repair and condition, and clear of obstructions, subject, however, to the control and direction of the trustees. It is his duty as early as practicable after his appointment in each year, to inspect all the streets and highways in the village, and to prepare and report to the trustees upon their condition, showing what improvements and repairs are necessary, with an estimate of the aggregate expenses. He shall also at stated times, at least as often as once a month, present an estimate of the work necessary to be done for the next ensuing month, or other shorter period, to be fixed by the trustees, specifying the street, location, and kind of repair or improvement, and the expense thereof, in writing. If the trustees approve the proposed repair or improvement, they shall cause the necessary funds arising from the highway assessment, to be placed at his disposal for that purpose, and they may direct any repair or improvement, or may disapprove or change any repair or improvement proposed by the street commissioner, in manner and structure, or materials, and may limit the expense thereof, or may, if they so deem best, cause any of such work to be done by contract by the lowest bidder who will give good security. The street commissioner shall, with each estimate, report a true statement, verified by his oath and by satisfactory vouchers, showing the expenditure for the last month, or stated period, and the same shall be laid before the board before any new appropriation for the next month or stated period shall be made. tion. § 50. The compensation of the street commissioner must Compensabe determined by the trustees, at a specified sum for each day actually spent in the discharge of his duties, or by some other fixed rate of compensation; and his account for services must be verified and audited as other charges against the corporation are required to be audited and verified, and must be paid out of the highway assessment fund; but such compensation must not, in the aggregate amount thereof in any year, exceed fifteen per cent on the whole amount collected on the highway assessment. It shall be the duty of the street commissioner, at least six days before the annual election in each year, to report in writing to the president of the village, showing the whole amount expended each month, and in the aggregate, and· specifying the streets, the particular location, the kind of improvement, and as near as may be, also stating the condition of the streets, with his opinion of repairs and improvements for the ensuing season, and the estimated expense. § 51. In case the collector shall fail to collect the whole amount of any tax or assessment, for the collection of which a warrant may have been issued to him, the same may be renewed for thirty days, and such renewal may be repeated; but upon such renewal a notice by the collector shall not be requisite, as on an original warrant, nor shall any such renewal be construed to discharge or exonerate the collector or his sureties from any liability incurred on the original warrant, or any prior renewal thereof. Renewal of warrant. sessments. § 52. If an assessment of any person, or upon any pro- Unpaid asperty shall fail to be collected, the assessors for the ensuing year shall add the amount thereof to the assessment of the same person or property for that year. If any property of a non-resident shall be insufficiently described to enable a sale thereof to be made, the assessors who made the same may alter or correct such description at any time during the year. All taxes and assessments on Warrant how issued. property of persons not resident in the village, are liens on the lots when sufficiently described. § 53. All taxes and assessments made under this act may be collected under a warrant for that purpose to be issued by the trustees, to be returned to them within sixty days after the receipt thereof by the collector, with his certificate, showing his collections thereon. The collector is vested with the same powers, and is entitled to the same compensation in respect thereto as collector of taxes in a town, and must proceed in the same manner except as herein otherwise provided, and except that the notice of the times and places at which he will receive taxes, required to be posted, must also be published in a newspaper printed and published in the village, and he is entitled to the same fees as a town collector, and must, within the time fixed for the return of his warrant, pay over to the treasurer all moneys collected by him. § 4. Subdivision nine of section twelve of the act hereby amended is amended so as to read as follows: For maintaining and keeping in repair and good order for use, an engine house for each fire engine and its apparatus, or for hiring suitable places for those purposes when necessary, and for paying firemen, not to exceed fifty cents for attendance at each monthly meeting. § 5. This act shall take effect immediately.` Chap. 80. AN ACT for the appraisal and payment of canal damages to George Freame and Robert Lewis. Passed March 19, 1855, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly do enact as follows: § 1. The canal appraisers are hereby authorised and required to investigate and determine, subject to appeal to the canal board as in other cases, the damages sustained by George Freame and Robert Lewis, in consequence of two several breaks in the Erie canal, in the village of Albion, in the month of April, eighteen hundred and fiftythree, from failures of a culvert; and if, upon such inves tigation, it shall appear that the alleged damages, if any, resulted from improper or defective construction of said culvert, or want of care or incapacity on the part of agents of the state, they shall make such award therefor as shall be just, not exceeding two hundred and four dollars and ninety cents. §2. Any damages which shall be finally awarded under this act, shall be paid by the treasurer, upon the warrant of the auditor of the canal department, out of any moneys in the treasury applicable to the payment of canal damages, not otherwise appropriated. 3. This act shall take effect immediately. Chap. 81. AN ACT for the relief of Edson Bishop. Passed March 22, 1855, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly do enact as follows: § 1. The canal board is hereby authorised and required to examine the claim of Edson Bishop, for compensation as contractor on section one hundred and ninety-eight of the Erie canal enlargement, for damages sustained by him in consequence of the canal commissioners assuming the work on said section and performing the same at his, the said Bishop's expense; and the said board is hereby authorised and required to allow such compensation for the same, not to exceed the sum of two thousand nine hundred and eighty-five dollars and thirty-two cents as the said board shall determine to be just and equitable. §2. The treasurer shall pay on the warrant of the auditor of the canal department, such sums as may be awarded to said claimant, in pursuance of this act, out of any money in the treasury appropriated or to be appropriated for the payment of canal damages. §3. This act shall take effect immediately. Section 13, title 3. amended. Section 7, title 4 amended. Section 12, Chap. 82. AN ACT to amend an act entitled, "An Act to amend and consolidate the several acts relating to the village of Binghamton," passed April 12, 1853. Passed, March 24, 1855, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: §1. Section thirteen of title three of the act entitled "An act to amend and consolidate the several acts relating to the village of Binghamton, passed April twelfth, eighteen hundred and fifty-three, is hereby amended so as to read as follows: §13. No member of the board of trustees shall be interested either directly or indirectly in any contract to which the village is a party under the penalty of fifty dollars, to be sued for and recovered in the corporate name of said village. §2. Section seventh of title fourth of said act is hereby amended by striking out in the last line but one, the words "the attorney." Section twelve, title three, amended by striking out the amended. Words, "not exceeding one from each ward." title 3 Section 1, title 5 amended. Section 2, title 8 mended, §3. Section first, title fifth of said act, in the first subdivision relating to contingent and ordinary expenses, is hereby amended by striking out the words, " six hundred dollars," and inserting instead thereof the words "two thousand dollars." §4. The last sentence in section second of title eighth of said act is hereby amended so as to read as follows: Upon completing the auditing of all claims or demands presented, the board of trustees shall cause to be prepared and published in at least two newspapers printed in said village, at least one week before the annual village election, a full and true statement, setting forth the amount of moneys raised under this act during the fiscal year, and the purposes for which the same were raised, all receipts and disbursements in items, the name of every individual who shall have presented any claim or demand against the village, and allowed by said board during said fiscal year, |