་ town of Brighton are worked by law; and that the said commissioners of the said respective towns shall be, and hereby are authorised to lay out the said roads, streets, lanes and alleys into road districts in their respective towns, in the same manner that other road districts are laid out in the said towns respectively by law, and to alter the same from time to time, and to cause the same to be worked by the overseers appointed thereto, in the same manner as the highways are worked in the said towns respectively, and that it shall and may be lawful for the said commissioners respectively, to add to either of said districts such parts of the roads or highways without the lands of said village, and which are contiguous thereto, and leading into the same, as they shall from time to time think proper: Provided never- Proviso theless, That it shall not be lawful for the said commissioners to alter any of the said roads, streets, lanes or alleys in the said village without the written consent of the said trustees, or a majority of them: And provided also, That it shall not be lawful for the said Proviso as to commissioners, or any overseers of highways, to take up or alter any sidewalk, cross walk, or well, cistern-vault, or reservoir, or sewer, without such written consent as aforesaid. side walks &c tees in open how assessed 20. And be it further enacted, That it shall and may be lawful Duty of trus for the said board of trustees to lay out, make and open any street, ing streets, &c alley, road or highway, in any part of said village, and to cause any street, alley, road or highway already laid out in any part of said village, to be opened or altered whenever, and as often as they shall judge the public good shall require the same to be done: Provided, Proviso such street, alley, road or highway shall not be laid out, and altered so as to run across or over the site of any house or building, the expense of removing which, shall exceed one hundred dollars for any one street or object, also to cause common sewers, drains, and vaults to be made in any part of said village, and to order and direct the pitching, leveling, raising, repairing, amending, paving or graveling any of the streets, alleys, lanes or highways within said village, and cause to be made an estimate of the expense of conforming to such regulations, and a just and equitable assessment thereof Expense of among the owners, occupants and others interested in all the houses improvement or lots intended to be benefited thereby in proportion as nearly as may be, to the benefits or advantages which each shall be deemed to acquire thereby, and the said board of trustees shall appoint five disinterested freeholders of the said village to make every such estimate and asssessment, who, before they enter upon the execution of their trust, shall be duly sworn before a justice of the peace of the county of Monroe, to make the said estimate fairly and impartially, according to the best of their skill and judgment, and a certificate in writing of such estimate and assessment being returned to the said board of trustees, and ratified by them, shall be binding and conclusive upon the owners, occupants and others interested in such houses or lots so to be assessed respectively, and such owners and occupants and others interested in such houses and lots, shall also respectively on demand pay to such persons as shall be authorised by the said board of trustees to receive the same, the sum at which such house or lot shall be assessed to be applied towards the making, altering, mending, pitching, paving or gravelling such streets, highways, lanes and alleys, and the making and repairing such vaults and sewers as aforesaid, or in default of such payment, or any Proviso eved may ap peal to the court of com part thereof, it shall be lawful for such board of trustees of the said village, by warrant under the seal of the village, to levy the same by distress and sale of the goods and chattels of such owner, occupant or other person interested therein, refusing and neglecting to pay the same, rendering the overplus, if any, after deducting the charges of such distress and sale, to such owner, occupant or other person interested therein, or his or her legal representative: Provided always, That nothing in this act contained shall affect any agreement between any landlord and tenant, respecting the payment of any › such charges, but they shall be answerable to each other in the same manner as if this act had not been passed: And provided further, That if any money so to be assessed, shall be paid by any person, when by agreement, or by law, the same ought to have been borne or paid by some other person, then it shall be lawful for the person paying the same to sue for and recover the same, with interest and costs of suit in any court having cognizance thereof, as so much money paid for the use of the person who ought to have paid the Persons aggri same: And provided further, That it shall be lawful for any person who may conceive himself aggrieved by any act or acts of the said trustees or assessors by virtue of this section, to appeal therefrom to the next court of cominon pleas, to be held in and for the county of Monroe, and that in case of such appeal, and on notice, with the reasons thereof to be given by the appellant to the said trustees thereof, shall make a full return of the facts and circumstances relative to such act or acts, and the principles whereon the same is or are founded, to such court of common pleas, whose duty it shall be to hear and examine the allegations of the parties touching the premises, and to make such order thereupon as such court shall deem equitable, which order shall be conclusive and final: Provided however, That no appeal shall be heard by the said court, unless notice thereof in writing, shall be given to the president of the said board of trustees, or in his abscence to the clerk of the said board of trustees, specifying the grounds of such appeal, which appeal shall be made within ten days after such appellant, or his agent, shall have notice of any such act or acts of the said trustees or assessors: And provided further, if there shall not be ten days between the time of serving such last mentioned notice, and the then next court of common pleas, then such appeal may be made to the court of common pleas to be held next after such ten days. mon pleas &e Proviso In case assess ment is not paid, how collected 22. And be it further enacted, That in case any estimate or assessment as aforesaid shall not have been complied with, and the sums thereby assessed shall not have been paid, it shall be lawful for the board of trustees to cause the same to be advertised in one or more of the public newspapers printed in the said village, for six months, thereby requiring the owners of such lots or buildings respectively to pay the same at which the said lots or buildings shall be assessed to the treasurer of the said village, and that if default shall be made in such payment, such lot or building will be sold at public auction, at the day and place therein to be specified, the lowest term of years at which any person shall offer to take the same, in consideration of advancing the sum assessed on the same for the expense aforesaid, with the interest and costs thereof; and if, notwithstanding such notice and demand, the owner or owners shall refuse or neglect to pay such assessment, with charges of appraisement and advertisement, and the interest as aforesaid, then it shall be lawful for the said board of trustees to cause the said lot or building to be sold at public auction, for a term of years, for the purpose and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser thereof, under the common seal of said village, to any such purchaser, his executors, administrators and assigns shall, by virtue thereof and of this act, lawfully hold and enjoy the same for his and their own proper use, against the owner or owners thereof, or any person or persons claiming under him or them, until his term shall be complete and ended, being at liberty to remove all the buildings and materials which he or she shall erect or place thereon, but leaving the ground with sufficient fence, and with the streets fronting the same in the order required by the said regulations. tees in case of 23. And be it further enacted, That if, upon the completion of Duty of trus any such regulation as aforesaid, it shall appear to the board of trus- deficiency or tees of said village a greater sum of money has been bona fide ex- surplus pended in making such regulation than the sum estimated and collected as aforesaid, it shall be lawful for the said board of trustees to cause a further assessment, equal to such excess, to be made and collected in manner aforesaid: And further, That in case the sum actually expended shall be less than the sum expressed in the said estimate, and collected as aforesaid, the surplus shall be forthwith returned to the persons from whom the same was collected, or their legal representatives. Assessment a 24. And be it further enacted, That the amount and estimate of every assessment shall be and remain a lien on the lot or lots, build- lien on the lot, &c Aing or buildings so assessed, from the time of the completion and return of such estimate in manner aforesaid, until paid, or until otherwise satisfied; and that it shall be lawful for said board of trustees, instead of the remedies herein above provided, if they shall see fit, in case any owner, occupant or other person of any building or lot within the said village shall neglect or refuse to conform his building or lot to such regulations, at their own expense, and to sue for and recover the amount of that expense from the owners, occupants or other persons interested in the said building or lot, or their legal representative, with interest, charges and cost, in any court within the state having cognizance thereof, in an action on the case for such money by them paid, laid out and expended for such owners, occupants or other persons interested therein; and the said estimate or assessment, with the proof of the amount and payment of the said expenses, shall be conclusive evidence for the plaintiffs in every such action. &c 25. And be it further enacted, That if, in the opinion of the said Trustees in board of trustees, the public interest of the said village sha!l require widening and altering that any street, lane or alley in said village should be altered, by streets how widening, or altering the course of the same, or that any new street to proceed, should be laid out and opened in the said village, and that the land of any person or persons is necessary to be taken for either of said purposes, including the site of any building or buildings, the expense of removing which shall not exceed one hundred dollars, as mentioned in section twenty-first, the said board of trustees shall have power to alter, lay out and open any such streets, and shall give no- V190 of return in such precept, on the occupant of said premises, or if vacant, by affixing the same on some notorious part thereof, at least eight days before such return, which service shall be deemed a sufficient summons; and it shall also be sufficient to state in the precept that the premises belong to persons unknown: And provided fur- Further pre ther, That the said board of trustees may appropriate the premises aforesaid, in case of unknown and non-resident owners or parties, before payment of the sum or sums assessed, and on such owner or owners or parties or either of them applying to the said board of trustees, and on proving the extent of his or their interest in the premises appropriated, to the satisfaction of the said board, such board of trustees thall thereupon ascertain and determine the part or portion of the sum assessed to be paid to such owners or parties so applying respectively, and enter the same in their minutes, a copy of which entry, under the seal of said village, and certified by the clerk, shall entitle the said owners or parties respectively to the sum or sums so ascertained and determined; and in case of non-payment, on demand, with interest, or in cases where the owners or parties shall be known and named in the precept, the said board of trustees shall refuse or neglect on demand to pay the sum or sums assessed, with interest from the time of the judgment rendered upon such assessment, the said parties, or either of them entitled to the same, may sue for and recover the same from the said board of trustees, in an action of debt on mutuatus, together with interest and costs, in any court having cognizance thereof, and the proceedings under the precept and the antecedent thereto, shall be conclusive evidence against the defendants: Provided however, Appeal That any person aggrieved by any assessment made under this section of this act, shall have a right to appeal within one year to three disinterested commissioners, to be appointed by the supreme court of this state. allowed point guardi 26. And be it further enacted, That where any known owners, Courts to ap or party residing in said village, or elsewhere, shall be an infant, ans for infan and any proceedings shall be had under the twenty-fifth section of owners this act, it shall be lawful for the court of common pleas of the county of Monroe, or for the circuit judge of the eighth district, upon application to them or him, by the board of trustees of the said village, or such minor, to appoint a guardian for such infant, taking security from such guardian, for the faithful execution of his trust; and every subsequent notice and summons, under the said section, shall be made and served on such guardian to appear instead of such infant, and it shall be the duty of such guardian to appear in said court, and to protect the right and interest of said infant. executing pro cess 27. And be it further enacted, That the constables chosen by Authority of virtue of this act, shall have power to execute any civil process, is- constable in sued by any justice of the peace residing in said village of Rochester, and any criminal process delivered to him at any place in the said county, as well within as without the bounds of said village, and it shall be his or their duty, when thereto required by the sheriff of the said county, to attend all courts of record within the said county, in the same manner as the other constables of the said county are required by law to do, and that they shall be entitled for services which they may perform pursuant to this act, to the same fees His fees which the other constables of said county are entitled to have and |