Imágenes de páginas

rate of interest, when and where payable, and the purchaser thereof or the person to whom they are issued.


Bonds sold below par.

When bonds of a village, on which there is accrued interest, are sold for their face value, without the accrued interest, the transaction is void. (Village of Fort Edward v. Fish, 86 Hun, 548.)

$ 130. Limitation of indebtedness.

A village shall not incur indebtedness if thereby its total contract indebtedness, exclusive of liabilities for which taxes have been levied, shall in addition to obligations issued to provide for the supply of water, exceed ten per centum of the assessed valuation of the real property of such village, subject to taxation, as it appeared on the last preceding village assessment roll. § 131. Second election upon proposition to raise money.

If the vote at an election upon a proposition to purchase property or to raise a tax or to incur a debt shall be against such proposition, no proposition embracing the same object shall be again submitted before the next annual election thereafter.


$ 132. Exemption from taxation of firemen and fire companies.

Upon the adoption of a proposition therefor, the members of any fire, hose, protective or hook and ladder company in any village may be exempted from taxation to the amount of five hundred dollars on any assessment for village purposes, in addition to the exemptions otherwise allowed by law, and the real and personal property of any such company may also be exempted from like village taxation.

(L. 1873, ch. 397, 8 11.) $ 133. Absolute sales for non-payment of taxes in villages of the

first class. If in a village of the first class, a tax or assessment on real property included in an annual or special assessment roll under this chapter, or a tax or assessment which was a lien on real property, or unpaid when the village law took effect, remains unpaid, and the treasurer or collector has made return that he cannot collect the same, the board of trustees may, by resolution, de termine that such real property and the entire interest therein, instead of an interest for a term of years, be sold for the collection of such tax or assessment. Such sale shall be for cash, and the notice of sale shall be given in the manner provided by section one hundred and twenty of this chapter, except that the board of trustees may designate one or more newspapers in the village, or in case no newspaper is published in said village, then in an adjoining city or village, in which the notice shall be published. The foregoing provisions of this article in relation to the conduct of a sale and the rights and remedies in respect to the real property sold shall not be applicable, but the village treasurer and board of trustees shall possess all the powers and be subject to all the liabilities and duties of a county treasurer and board of supervisors, under articles six and seven of the tax law; and such articles shall, so far as practicable, apply to a sale authorized by this section. [Added Chap. 446, Laws 1899.] a



SECTION 140. Definitions.

141. Separate highway district.
142. Care of bridges.
143. When village may construct or repair bridges.
144. Dedication of streets.
145. Petition for street improvement.
146. Notice of meeting of board to consider petition.
147. Meeting and determination of board.

148. Effect of determination.
149. Application for commissioners; notice of appli-

150. Appointment of commissioners.
151. Notice of meeting of commissioners.
152. Meeting and award of commissioners.
153. Appeal from award of commissioners.
154. Return by clerk.
155. Hearing of the appeal.
156. Compensation of commissioners.
157. Costs on appeal.
158. Payment for property acquired for street im-

159. Changing grade of street or bridge.
160. Streets on boundary lines.
161. Crosswalks and sidewalks.
162. Credit for flagging sidewalk.
163. Snow and ice on sidewalks.
164. Cleaning streets.
165. Sprinkling streets.
166. Pavements.
167. Trimming trees.
168. Local assessments under this article.
169. Acquisition of land for parks and squares.



§ 140. Definitions.

The term “street” as used in this chapter also includes a highway, road, avenue, lane or alley which the public have a right to use; and the term "pavement" includes macadam, telford, asphalt, brick or other similarily improved roadbed, and is only applied to the portion of the street between the sidewalks or established curb lines.


§ 141. Separate highway district.

The streets and public grounds of a village, except as provided

in the next section, are under the exclusive control and supervision of the board of trustees. The board of trustees may expend a portion of the street fund upon outside highways connecting with the village streets.

[L. 1870, ch. 291, tit. VII, § l; R. S., 9th ed., 2302.

The first sentence re-enacts the first part of g 1 of tit. VII. of the act of 1870 without change. The provision authorizing the trustees to expend a portion of the street fund on the highways outside of the village, is new, but is contained in many special charters.]

This section confers upon the trustees the power to keep the roads, avenues, streets, etc., in good repair, order and condition. (Cotanch v. Grover, 57 Hun, 277; 32 N. Y. St. Rep., 643; 10 N. Y. Supp., 755.) A municipal corporation, having power to maintain and control streets is bound to exercise ordinary care to see that they are kept in a reasonably safe condition for public travel. A village incorporated under this act has such power and for its neglect to exercise such care to a person's injury an action is maintainable. (Neison v. Village of Canisteo, 100 N. Y., 89.) Municipal corporations do not perform their whole duty in respect to keeping streets in safe condition for travel by instructing their agents to ascertain the facts and report. The failure of subordinate agents to report the unsafe condition of walks does not shield the city, nor does their opinion that the defect did not render the walk dangerous. (Goodfellow v. Mayor, etc., 100 N. Y., 15.) Nor is a city relieved from the duty of keeping streets free from obstructions because legislation has imposed similar duties on the police. (Kunz v. City of Troy, 104 N. Y., 344.) A person using a public street has no reason to apprehend danger, and is not required to be vigilant to discover dangerous obstructions, but he may walk or drive in the day time or night time, relying upon the assumption that the corporation whose duty it is to keep the streets in a safe condition for travel have performed their duty, and that he is exposed to no danger from their neglect. (Pettingill v. City of Yonkers, 116 N. Y., 564.) The fact that the municipality has employed a contractor to do work involving excavation of one of its streets, does not absolve it from its duty and responsibility in relation to such street. (Turner v.City of Newburg, 109 N. Y. 301.) Nor does the fact that the obstruction was caused by one contracting with the municipality and who is himself bound to keep the obstruction properly guarded by lights or barriers. (Pettingill v. City of Yonkers, ante.) But where the unsafe condition of the street is caused by some other than municipal agency, negligence is not imputable until a sufficient time has elapsed to charge the municipal officials with notice. (Turner v. City of Neuburg, ante; Kunz v. City of Troy, 104 N. Y., 344.) The fact that the dangerous condition existed for two months prior to the accident is sufficient to charge the municipality with notice.

[ocr errors]

(Pettingill v. City of Yonkers, ante.) A much shorter length of time was held sufficient in (Bishop v. Goshen, 120 N. Y., 340.) But the fact that the municipality, shortly after an accident, makes improvements at the place of accident, is not evidence of knowledge that the place was unsafe. (Corcoran v. Village of Peekskill, 108 N. Y., 151.) After notice of a defect it is the duty of the trustees to make immediate repairs, or if delay is necessary to close the place with some guard or barrier. The service of notice to repair upon the abutter does not as a matter of law release the village from further responsibility for injuries resulting from the unsafe condition of the sidewalk or street. (Russell v. Village of Canistota, 98 N. Y., 496.) Where, however, a person has negligently and unlawfully created an obstruction or defect in the street of a municipal corporation, and the latter has been compelled to pay a judgment for damages caused thereby, it may recover from such person. (Village of Port Jervis v. First Nat. Bank, 96 N. Y., 550.) It is no defense to an action that the defect complained of existed at the time of the incorporation, or that the municipality has omitted to make ordinances in reference to repair of streets. (Nelson v. Village of Canisteo, 100 N. Y., 89.) A village cannot be held liable for not placing a guard or barrier where they had no right to put one, as on state lands. (Vedder v. Village of Little Falls, 100 N. Y., 349.) This section affects the proceedings for laying out and widening streets in villages. (Allen v. Village of Northville, 39 Hun, 240.) And in laying out and opening new roads and streets, this section should be read in connection with Title 7, § 1. (Excelsior Brick Co. v. Village of Haverstraw, 16 N. Y. Supp., 681; 21 Id. 99. It is not the absolute duty of a village or city to build sidewalks wherever it has streets. (Saulsbury v. Village of Ithaca, 24 Hun, 14.) These things are in the discretion of the trustees. It is for them to determine how wide a sidewalk shall be and how it is to be paved, planked or flagged. (Hiller v. Village of Sharon Spa, 28 Hun, 346; Hines v. Lockport, 50 N. Y., 236.) If an individual voluntarily puts down a sidewalk the village may, by acquiescence in the act for a sufficient length of time, and by other acts, accept the sidewalk, and with it the village must take the obligation to repair. (Hiller v. Village of Sharon Spa, ante.) The circumstances of each particular case determine whether or not the village has, by lapse of time and acquiescence, accepted the structure as its own. (Requa v. Rochester, 45 N. Y. 134; Mark v. Village of West Troy, 76 Hun, 162.) A village incorporated under this act is not bound to repair bridges situated within its corporate limits, unless it elects to do so. In the absence of such election the town continues to be bound to repair such bridges and is liable to any person injured by its neglect to keep them in a safe condition. (Washburn v. Village of Mt. Kisco, 35 Hun, 329.) Under the power to construct sewers, culverts and drains, etc., the village trustees can construct sewers only on the conditions precedent prescribed by this statute. (Bacon v. Nanny, 28 N. Y. St. Rep., 391; 7 N. Y. Supp. 804.)

« AnteriorContinuar »