provement, shall consider himself aggrieved by the determination of the commissioners appointed by the recorder, such owner or occupant may cause the proceedings had before such commissioners to be removed into the supreme court by writ of certiorari, to be directed to the said commissioners, who shall return thereto the proceedings had before them, together with the substance of the evidence by them taken, if any, and their determination in the premises; and if the justices of the supreme court, from the said return, or from such other evidence as may be offered to them, shall be satisfied that injustice has been done to the party or parties prosecuting such writ of certiorari, or any of them, the said court may by rule or order quash the said proceedings had before the said commissioners, in whole or in part, or they may affirm the said proceedings before the said commissioners, and may award costs in the proceedings, as to them shall seem just; and in case the proceedings had before the said commissioners shall be quashed, as to any of the parties prosecuting the said writ of certiorari, commissioners shall be appointed, de novo, and the same proceedings had as is herein before provided as respects the real estate belonging to the party to whom such proceedings of the said commissioners shall be quashed; but such writ of certiorari shall be of no effect, unless the same shall be served upon the said commissioners, or one of them, with a copy of the affidavit upon which the same shall be allowed, within thirty days after the filing of the certificate of the said commissioners.

Pay of

10. The commissioners appointed by the common council, or by the recorder of said city under this act, shall praisers. each receive the sum of two dollars for every day by them employed in the business of their appointment; and the recorder of said city shall receive the sum of one dollar, for the performance of the duties required of him in the appointment of commissioners, which sums in the first instance, shall be paid by the chamberlain of said city as other contingent expenses are paid; and in case such expenses ought to be paid by any party or parties appealing, the same may be recovered, with costs of suit, in the name of the chamberlain, as so much money paid for the use of the party who should have paid the same.

ap

or straighten

ways.

11. In case the improvement contemplated shall be the Laying out laying out of any highway, or the straightening or other-ing highwise changing the course of any highway already laid out within that part of said city not laid out into building lots, the expenses of proceeding under this act, as well as the payment of the damage to the owner of the real estate required, shall be a charge upon said city, and shall be paid by the chamberlain as other contingent expenses are

Private roads.

New streets or alleys.

paid; but where any highway shall be laid out, opened and worked, or any street, lane or alley shall be laid out, or any highway, street, lane or alley already laid out, shall be widened or straightened, or the course or direction thereof changed at the request of any number of individuals, or any incorporated company, nothing in this act shall prevent the common council from imposing it as a condition for making the alteration or improvement, that such individuals or corporation shall pay all or any part of the damages, charges and expenses incident to such improve

ment.

S 3. When on application the common council shall direct a private road to be laid out, the damages shall be ascertained in manner aforesaid; but the person applying for such private road, before the same shall be opened, shall pay all the damages and expenses incident to the laying out and opening of such private road, when the person so applying for such private road shall obtain and possess all the benefits and advantages secured to persons applying for private roads, under section seventy-nine of article fourth of title first of chapter sixteenth of part first of the Revised Statutes; and the owner or occupant of the land through which such private road shall be laid may secure to himself the right of using such private road, by giving notice of his intention in writing to the commissioners appointed to award the damage and recompense to such owner or occupant by means of laying out such private road, who shall award such damage accordingly.

S 4. When the improvement contemplated shall be the laying out of any new street, lane or alley, or the extending, widening or altering of any street, lane or alley already laid out in that part of said city laid out into building lots, or which may hereafter be laid out into building lots; or in case any street, lane or alley shall be laid in said city, preparatory to laying out building lots, the common council of said city may cause the damage awarded to the owner or occupant of the real estate required for such improvement, and the necessary expenses of surveys, notices, appraisement, assessment and collection of such damages and expenses, and any other expenses incident to such improvement, to be apportioned and assessed upon all the houses and lots intended to be benefitted by such improvement, in the manner provided by the nineteenth section of the act, entitled "An act to incorporate the city of Troy," passed April 12th, 1816, and the eighth section of the act, entitled "An act further to

amend the act, entitled 'An act to incorporate the city of Troy,'" passed April 20, 1825.

may be sold

non-payment.

S 5. Whenever an assessment of the damage and ex- Promises penses thereof shall have been made; and whenever any in case of improvement shall have been ordered by the common council of said city, under the act, entitled "An act to incorporate the city of Troy," or under any act amendatory thereof or in addition thereto, or under this act, and the expenses of such improvement shall be assessed pursuant to the nineteenth section of the act hereby amended, and the same shall not be paid pursuant to the requirements of the same section, the said lands and premises so assessed may be sold, after advertising the same for six weeks. in the manner prescribed by the twentieth section of the same act, instead of six months, as is required by the said twentieth section of said act; and in addition to said advertisement the said common council shall cause a copy of said advertisement to be served on the owner or occupant of each separate lot or parcel of land so advertised. for sale, by delivering the same to such owner or occupant personally, or by leaving the same at the dwellinghouse or usual place of abode of such owner or occupant, if residing within ten miles of the city of Troy, at least twenty days before the time of such sale: and if such owner shall be known, and shall reside at a greater distance than ten miles from the city of Troy, it shall be sufficient to enclose a copy of such advertisement by mail, directed to such owner at the post-office of the town or place where such owner shall reside: and if it shall appear, from the assessment made, that the owner of such lot or parcel of land is unknown, no other notice shall be necessary than the publication of the advertisement aforesaid.

ways and

$ 6. Article second of title first of chapter sixteenth of Tax for highpart first of the Revised Statutes shall not be deemed to bridges. apply to the city of Troy; and the common council of said city may raise by tax upon the freeholders and inhabitants and taxable property in said city, liable to taxation for and towards the county taxes, a sum not less than fifteen hundred, nor more than four thousand dollars, in any one year, for making, repairing and improving the highways and bridges within said city; the apportionment of the said tax may be made from the valuations of the estates real and personal and taxable property in said city, as made out by the assessors of the next preceding year, with such alterations, arising from the change of property, as may be known to the common council; or it may be made from the valuation of the said assessors for

Fines, how to be cullected.

the then current year: said tax when levied shall be collected by the collectors of said city, by virtue of a warrant issued to them.

$ 7. All fines imposed by the mayor's court of the city of Troy according to law, without being accompanied by an order for the commitment of the person so fined, until such fine be paid, shall be collected or otherwise disposed of in the following manner:

1. Within ten days after any term of said court, at which any fine shall have been imposed, the mayor or recorder, or other persons holding said court, shall make an order to the marshal of said city, or in case there be no marshal, or he be unable to perform the duties of his office, then to any constable of said city, by name, authorizing such marshal or constable to demand and receive from the person so fined the amount of the fines imposed upon him; and in case of the non-payment of any such fine, upon such demand and the exhibition of such order, the marshal or constable shall notify such person, so neglecting to pay such fine, to appear in the mayor's court, on the first day of the then next term thereof at the opening of the court, to show cause why the said fine so imposed by the said court should not be collected.

2. If the said marshal or constable from any cause shall not have been able to make the demand of payment of such fine or fines, intermediate the making of any such order, and the first day of the next term of said court, the said order may be renewed from term to term, until such demand shall have been made and notice as aforesaid given, or some other order shall be made by the said court, relative to the said fine.

3. The said mayor's court on the first day of the term next after such demand of payment of such fine, and notice given as aforesaid, may wholly remit any such fine, or in any manner modify the same; but if said fine shall not be remitted, or the person fined, after demand of payment and notice as aforesaid, shall not appear or show sufficient cause why such fine ought to be remitted, the mayor or recorder, or other persons holding the said court, shall within ten days thereafter, or at such other time as they shall deem proper, issue a precept in the nature of an execution, to any constable by name, requiring him forthwith to collect such fine by distress and sale of the goods and chattels of the person named in the said precept, together with his fees for collecting the same; and to pay over the said fine to the chamberlain of said city, by the first day of the term of said mayor's court next after any such pre

cept shall have been issued; and the said marshal or constable shall proceed in the same manner and be entitled to the same fees for executing the said precept, as a constable in serving an execution issued by a justice of the peace..

4. The said marshal or constable may be compelled to return the said precept, and to pay over any moneys received or collected, either upon the previous order or by virtue of the said precept, by rule and attachment, in the same manner and with the like effect, as the marshal of said city may be compelled to return any execution delivered to him for collection, or to pay over any moneys by him collected upon any such execution, issued to him. out of the mayor's court of said city.

$ 8. So much of article second, of title sixth, of chap- Repeal ter eight, of part third of the Revised Statutes as is repugnant to the next preceding section of this act, shall not hereafter be deemed to apply to the remission or collection of fines imposed by the mayor's court of the city of Troy.

S 9. Whenever any law or ordinance of the mayor, recorder, aldermen and commonalty of the city of Troy, shall be violated or broken, for the violation or breach of which any penalty is incurred, in any action to be brought or commenced for the recovery of such penalty, such action may be commenced by warrant or otherwise by summons, at the discretion of the officer or person prosecuting the said action; and in the case of a warrant, no oath or affirmation shall be necessary to authorize the issuing of the same; and upon any judgment recovered for the violation of any such law or ordinance, the execution issued upon such judgment shall and may be issued by the magistrate or court before whom such judgment may be rendered, as well against the body of the defendant or defendants, as against his, her or their goods and chattels; and in case any such defendant or defendants shall be committed to prison upon any such execution, such defendant shall be confined to the common gaol of the county, where such defendant or defendants shall be imprisoned, until such execution and the constable's and gaol fees shall be fully paid; but no person shall be imprisoned by virtue of any such execution for a longer space of time than thirty days.

Action for

penalties.

$10. The common council of said city shall possess Lots to be the power by resolution, to be entered in their minutes, to levelled. direct and order that any lot, part of a lot, or parcel of land, in the first, second, third, and fourth wards of said city, laying above or below any common level or pitch, determined upon by said common council, to be dug down