Sales may be time be raised, the excess shall be refunded rateably to those by whom it was paid. All assessments for improvements authorized by this section shall be made upon real estate and collected of the owner thereof only. The collections may be made by the collector, in the same manner as taxes are by this act directed to be collected, and with like authority, or by suit in the corporate name, with interest and costs. The assessment roll filed in the office of the clerk, shall be evidence on the part of the corporation. A corrected copy of the asssessment roll shall in all cases authorized by this section, be filed in the office of the clerk of the village, and the assessments shall remain a lien on the premises described therein respectively for one year only. In case of non-payment, the said premises may be sold at any time within the year, and ordered. after the expiration of nine months from the filing of the assessment roll. Before any such sale, an order shall be made by the trustees, which shall be entered at large by the clerk, in the records of the village, directing the collector to sell, and particularly describing the premises to be sold, and the assessment for which the sale is to be made, a copy of which order shall be delivered to the collector. The collector shall then advertise the premises for six weeks, in the manner required in the case of mortgage sales, and the sale shall be conducted in the same manner. The proceedings may be stopped at any time by the owner paying to the collector the amount of the assessment, interest, and the expenses of advertising. All sales in such cases shall be made for the shortest period for which any person will take the premises, and pay the assessment, interest and expenses. Affidavits of the advertisement shall be made as required in the case of mortgage sales, and filed in the office of the clerk of the village; and the affidavit of sale shall state precisely the amount of the assessment, interest and expenses, for which the sale was made. In case of sale, the collector shall receive for his services, no additional fees. right of redemption in all cases of such sales, shall exist to the owner and his creditors, in the same manner and to the same extent, as is allowed by law in the case of sales of real estate by virtue of execution. The money, in case of redemption, may be paid to the purchaser, or for him to the clerk of the village. In case of no redemption, the trustees of the village, at any time after the expiration of fifteen months from the day of sale, make to the purchaser, or his legal representatives, a declaration in writing under the corporate seal, signed by the trustees, containing a description of the premises, the fact of the assessment, advertisement and sale, and the period for which The Right to repeal. The sum of two thousand the premises were sold, which declaration shall be evidence of a right to the use and occupancy of the premises for the said period from the day of sale. All buildings put on such premises in the exercise of such right of occupancy, may be removed at the expiration thereof. Any person interested may appeal from any order of the trustees, for laying out, opening, or making any street, alley, road or highway, to the court of common pleas for the county of Erie, by notice in writing delivered to the clerk of the village, or one of the trustees, within ten days after filing the survey and the description thereof, in the office of the clerk. The only ground of appeal shall be the want of conformity in the proceedings of the trustees, to the provisions of this act. The propriety or utility of the street, alley, road or highway, or the correctness of the assessment of damages or taxes shall not constitute a ground of appeal. In case of appeal, the trustees shall make return within ten days after notice thereof, and the court of common pleas shall, at the term next after the return, which shall be filed in the office of the clerk of the county, proceed to hear and determine the appeal, and shall confirm or annul the proceedings of the trustees. $ 17. The legislature may at any time, alter, modify or repeal this act; the same shall take effect immediately on the passage thereof. CHAP. 105. AN ACT authorizing the board of supervisors of the county of Rensselaer, to raise money for the purpose of paying a balance due for building a bridge in the town of Schaghticoke, in said county. Passed April 12, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The board of supervisors of the county of Renssedollars to be laer, are hereby authorized and required to raise by tax, raised by tax. to be levied upon the taxable property in the town of Schaghticoke, in said county, in the same manner as other town charges are levied and raised, a sum not exceeding two thousand five hundred dollars, in annual instalments as follows, to wit: Said board of supervisors, at their next annual meeting after the passage of this act, shall cause to be levied and raised as aforesaid, the sum of five hundred dollars, (in addition to the sum now authorized by law to be raised for the support of roads and bridges,) and in like manner the sum of five hundred dollars in each and every succeeding year thereafter, until the balance now due from said town for expenses incurred in building a bridge during the last year across the Tomhanick creek, in said town, shall be paid. to be dispos $ 2. All moneys raised by virtue of this act, or any Moneys how part thereof, when collected, shall be paid over to the com- ed of. missioners of highways of said town, who shall forthwith. apply the same, towards the payment of such debts as may remain due for expenses incurred in building the bridge aforesaid. ers to ac $ 3. Such commissioners shall account for all moneys Commissionwhich shall come into their hands by virtue of this act, in count. the same manner as they are by law directed to account for moneys by them received for the improvement of roads and bridges. CHAP. 106. AN ACT to revive and amend an act, entitled "An act to incorporate the Greenbush and Troy turnpike company," passed April 14, 1826. Passed April 12, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: S 1. The act, entitled "An act to incorporate the Green- Actrevived. bush and Troy turnpike company," passed April 14, 1826,' is hereby revived and shall continue in force. to stock. $ 2. Henry Vail, Samuel Gale, James Woods, Abraham Subscription P. Staats, John T. McCoun, Thaddeus B. Bigelow and Le Roy Mowrey, shall be the commissioners to receive subscriptions and distribute the capital stock, instead of the persons named in the second section of the act hereby revived and amended. Grs to lay out road. S 3. James Woods, Henry Vail and Thaddeus B. Bige- Commissionlow, shall be the commissioners to survey and lay out the road authorized by the act hereby revived and amended, instead of the persons named in the fifth section of said act. ers. $ 4. The corporation hereby revived shall possess the General pow. general powers and privileges, and be subject to the general liabilities of turnpike corporations, as prescribed in the eighteenth chapter of the first part of the Revised Sta tutes. CHAP. 107. AN ACT for the relief of school district number three, in the town of Gates, in the county of Monroe. Passed April 15, 1834. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: $1. The inhabitants of school district number three, in the town of Gates, in, the county of Monroe, qualified to vote at a district meeting, shall have power, by a majority of votes of those present at any district meeting, to raise, by a tax on the property of the district, a sum not exceeding forty dollars, for the purpose of replacing an amount lost by the defalcation of the collector of said district. Bridge may be built. Draw. CHAP. 108. AN ACT to authorize George Rapelje to build a bridge over the Eastchester creek, in the county of Westchester. Passed April 15, 1834. The People of the State of New-York, represented in Senate and Åssembly, do enact as follows : S 1. It shall be lawful for George Rapelje, his heirs or assigns, to erect and maintain, at his or their own expense, a good and substantial bridge across the Eastchester creek, in the county of Westchester, at the place where the bridge formerly stood; which bridge shall be at least twenty-four feet wide between the sides or railings thereof, and be well covered with planks at least three inches thick, and the sides shall be secured with substantial railings, not less than four feet six inches high; and there shall be a draw in the said bridge, to open at least twenty feet wide, and such further width as James Somerville of Eastchester, Isaac U. Coles of Pelham, and William Bowne of Westchester, in said county, or any two of them, shall certify to be reasonable and proper; (which certificate shall be filed in the office of the clerk of the county aforesaid,) so as to permit vessels with standing masts conveniently to pass and repass the said bridge, which passage may be freely passed, repassed and used, by all vessels whatever, without toll or reward. Vessels to be $ 2. It shall be the duty of the said George Rapelje,. his heir and assigns, to keep and maintain the said bridge in good and sufficient repair, and to keep a person or per allowed to pass. sons at or near the said bridge to open the draw thereof; and such person or persons, on sufficient notice being given by the master of any vessel having occasion to pass the said bridge, shall immediately open the said draw and permit such vessel to pass freely as aforesaid; and if any vessel shall be unnecessarily delayed from passing the said draw more than ten minutes, by the fault of any person so attending the said bridge, the said George Rapelje, his heirs or assigns, shall pay to the master of such vessel five dollars for every ten minutes such vessel shall be so delayed beyond the ten minutes before mentioned; and every master of a vessel at whose request the draw shall be opened, shall pass such vessel through the said draw with due diligence, and shall pay to the said George Rapelje five dollars for every ten minutes of unnecessary delay in passing such vessel through the said draw after the same shall be opened. $3. As soon as the said bridge shall be finished, and Rates of toll. the judges of the court of common pleas of the county of Westchester, or the major part of them, shall, after inspection, have subscribed a certificate that the said bridge is well constructed and built, and is in all things conformable to the true intent and meaning of this act; and as soon as such certificate has been filed in the office of the clerk of the said county, it shall be lawful for the said George Rapelje, his heirs and assigns, to erect a gate, at or near the said bridge, and to exact and demand from all persons passing over the said bridge tolls not exceeding the rates following, to wit: for every four wheeled pleasure carriage, with two or more horses, nineteen cents; for every two wheeled pleasure carriage, with one or more horses, ten cents; for every four wheeled pleasure carriage, with only one horse, ten cents; for every pleasure sleigh and horses, ten cents; for every common wagon and horses, six cents; for every stage wagon or coach and horses, twelve and a half cents; for every common sled and horses, six cents; for every ox-cart and oxen, six cents; for every one horse cart and horse, five cents; for every one horse sleigh and horse, five cents: carriages or vehicles drawn by mules shall pay the same toll as if drawn by horses: for every man and horse or mule, five cents; for every horse, mule, ox, bull, cow or steer, one cent; for every hog, sheep, lamb or calf, one half cent. And it shall be lawful for the toll gatherer at the said gate to stop any person from passing through the said gate, until the toll shall be paid which is hereby allowed to be collected. But any troops in the service of this state, or of the United States, and all ar |