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of trustees signed by the owners of at least two-thirds of the frontage on the street, or portion thereof, proposed to be paved, and a hearing given thereon to all persons interested on a notice of at least ten days. If a pavement is so required to be constructed or repaired wholly at the expense of the owners of the adjoining lands, a notice specifying the place and manner, and the time, not less than thirty days, within which the pavement is required to be constructed or repaired, shall be served upon the owners. If an owner shall not construct or repair the pavement as required by the notice, the board of trustees may cause the same to be so constructed or repaired, and assess the expense thereof upon the adjoining land.

If a pavement is to be constructed or repaired at the joint expense of the village and the owner of the adjoining land, the board of trustees may cause the same to be constructed or repaired, and assess upon the adjoining land the proportion of the expense chargeable against the same; or it may direct the owner to contribute labor or materials therefor.

The total amount expended for street paving in any fiscal year from the moneys raised during such year for street purposes, otherwise than in pursuance of a village election, shall not be more than one-half thereof. No land owner shall be required to pave or bear the expense of paving any portion of the street not in front of such land, nor beyond the center of the street. All pavements laid by the owners of adjoining land shall be laid under the supervision and in accordance with the directions of the board of trustees. The expense of constructing a pavement or any part thereof may be raised in an entire amount, or in similar amounts from time to time, as the board of trustees may determine. If any portion of such expense is to be borne by the village, bonds or certificates of indebtedness may be issued. If such expense or any part thereof is to be assessed upon adjoining land, the board may apportion it upon the lands and assess the same as a whole or by installments. Notice of an assessment based upon such apportionment shall be given to the land own

ers, who may pay the amounts assessed within ten days after such notice. At the expiration of that time bonds or certificates of indebtedness may be issued for the aggregate amount of such assessment then remaining unpaid. Taxes for the amount of such bonds or certificates, issued on account of default in the payment of the amount apportioned upon adjoining land, shall be levied and collected in the manner prescribed by this chapter in case of unpaid assessments for the construction of sewers. (Chap. 365, Laws 1898.)

[L. 1870, ch. 291, tit. III, § 3, sub. 25; R. S., 9th ed., 2278.

The provisions of the act of 1870, relating to pavements, were very incomplete, but are fully covered by the foregoing section.]

§ 167. Trimming trees.

The board of trustees may require the owners of land to trim the trees in front thereof, and upon default, may cause such trees to be trimmed, and assess the expense thereof upon the adjoining land.

§ 168. Local assessments under this article.

Whenever expenditures are made by the board of trustees for constructing or repairing sidewalks or pavements, trimming trees, sprinkling streets or keeping the sidewalks or streets cleared of weeds, ice, snow or other accumulations thereon, which under this article are assessable upon the land affected or improved thereby, the board shall serve a notice of at least ten days upon the owner or occupant of such property, stating that such expenditure has been made, its purpose and amount, and that at a specified time and place it will meet to make an assessment of the expenditure upon such land. The board shall meet at the time and place specified. It shall hear and determine all objections that may be made to such assessment, including the amount thereof, and shall assess upon the land the amount which it may deem just and reasonable, not exceeding, in case of default, the amount stated in the notice.

If the amount so assessed be not paid within twenty days

after such assessment, an action to recover the amount may be maintained by the village against the owner or occupant liable therefor, or a special warrant may be issued by the board of trustees for the collection of such assessment, or the amount thereof may be included in the next annual tax levy.

(New.)

§ 169. Acquisition of lands for parks and squares.

The board of trustees may, on behalf of the village, accept by grant or devise a gift of land for a public park or square within the village, or wholly within one mile of the boundaries thereof, or may submit to a village election a proposition to purchase land so located for such purpose at an expense, specified in the proposition, not exceeding one per centum of the value of the taxable property of the village, as appears by the last preceding assessment roll. Upon the acquisition of land for the purposes of this section, either by gift or purchase, the board may establish and maintain a public park or square thereon.

[L. 1888, ch. 525; R. S., 9th ed., 2340,

without change of substance, except that the limitation of price is changed from three to one per cent. of the taxable property.]

LAWS 1890, CHAPTER 160.

AN ACT to authorize gifts, devises and bequests of real and personal property to trustees and their successors in perpetuity as a corporation, in trust for the purposes of creating and maintaining public parks.

§ 1. Gifts, etc.

It shall be lawful to grant and devise real estate, and to give and bequeath personal property to trustees and their successors in trust for the purpose of creating, continuing and maintaining according to the terms, conditions and provisions of such grant, gift, devise or bequest, one or more public parks, or a public library, or both such park or parks and library, in any village or town in this state. The number of such trustees shall not be less than three nor more than nine. (As amended by Laws 1896, ch. 53.)

§ 2. Incorporation, etc.

Whenever any such grant, gift, devise or bequest shall have been made, such trustees shall thereupon become and be a body politic and corporate with the name which shall have been specified by the donor in making the donation, and with the number of trustees, within the foregoing limits,

named by the donor; and such corporation shall have full power to take and hold all property which shall have been and also which shall thereafter be granted, given, devised or bequeathed to it as aforesaid for said uses and purposes, and shall possess the powers and be subject to the provisions and restrictions contained in title three of chapter eighteen of part one of the revised statutes. If no name shall have been specified by the donor as aforesaid, the name of the corporation shall be such as the said trustees shall adopt, certify and file in the county clerk's office of the county in which the interested village or town is located. (As amended by Laws 1896, ch. 53.)

§ 3. Eligibility of trustee, etc.

Residents of the interested village or town only shall be eligible as trustees. In case of the death of a trustee or of his resignation, removal from the village or town, removal from office, or inability to discharge the duties of his office, his place shall be deemed to be vacant, and may be filled by the remaining trustees; and, in default of their so making an appointment within three months, the appointment to fill the vacancy shall be made by the supreme court, on the petition of any inhabitant of the interested village or town, and after due notice to the other trustees and to the president of the village or supervisor of the town. Said trustees shall be subject to removal by said court for malfeasance or misfeasance in office, upon such notice and after trial in such manner as said court shall direct. amended by Laws 1896, ch. 53.)

§ 4. Management and appropriation of property.

(As

Said trustees shall have the custody and management of all the property of such corporation, and shall appropriate the same, so far as the terms, provisions and conditions of the donations will permit, for providing suitable grounds for such a public park or parks and properly preparing, beautifying, embellishing and keeping up and maintaining the same, or for furnishing and supplying such library with a suitable and proper edifice, rooms, furniture, books, maps, magazines and whatever may be necessary to make, keep up and maintain a good and complete library, or for both purposes, and paying the expenses of the trust. Devising lands donated to the corporation and investing and keeping money invested at interest, and using the rents and interest therefrom for park purposes or library purposes, shall be deemed to be an appropriation of such property for such purposes. amended by Laws 1892, ch. 25.)

5. Parks to be free.

(As

All such parks and libraries shall be free and open to the public for use and enjoyment, subject only to such reasonable rules and regulations as the trustees, from time to time, shall adopt and promulgate. by Laws 1892, ch. 25.)

§ 6. Annual certificate, etc.

(As amended

All corporations existing under this act, together with their books and vouchers, shall be subject to the visitation and inspection of the justices of the supreme court, or of any person or persons who shall be appointed by the supreme court for that purpose; and it shall be the duty of the trustees or a majority of them, in the month of December in each year, to make and file in the office of the county clerk of the county in which the interested

village or town is situate, a certificate under their hands, stating the names of the trustees and officers of such corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such inventory and certificate. Said trustees shall be entitled to such compensation as said court shall fix. Said court shall also have power to control the discretion of said trustees in determining what property may be demised and for how long; also how much money may be invested and kept invested on interest to produce an income to keep up and maintain the park, parks or libraries, or both; and also in a summary way to determine the reasonableness of any rules and regulations, upon complaint of any inhabitant of the interested village or town, and upon notice to said trustees. (As amended by Laws 1896, ch. 53.)

87. Devises and bequests.

This act shall not be construed or held to authorize any devise or bequest whatever, unless the will was executed at least two months before the decease of the testator or testatrix, nor of more than one-half of the estate of the testator or testatrix over and above the payment of debts, liabilities and expenses, in case he or she shall leave a husband, wife, child, or parent him or her surviving.

LAWS 1901, CHAPTER 624.

AN ACT authorizing villages of the fourth class containing a territory of less than one square mile to acquire private streets as parkways and providing for the maintenance thereof.

§ 1. An owner of land in a village of the fourth class containing a territory of less than one square mile who has laid out a street or streets thereon may dedicate such street or streets, or any part thereof, or an easement therein, to the village for a parkway or parkways, upon such terms, conditions, considerations, restrictions and reservations as he may elect to impose upon such dedication. Upon an offer in writing by the owner to make such dedication, the board of trustees shall meet to consider the matter; and it may, by resolution, determine to accept such dedication upon the terms, considerations, conditions, restrictions and reservations set forth in such dedication. Upon the adoption of such resolution the owner may execute and deliver to the village clerk a proper conveyance of the land within said street or streets to be dedicated or of an easement therein, as the case may be, setting forth the terms, considerations, conditions, restrictions and reservations upon which said dedication is made. Thereupon said village shall hold said lands only as a parkway or parkways and may improve the same, subject to such terms, considerations, conditions, restrictions and reservations and subject also to such rules and regulations as the board of trustees of such village from time to time shall adopt for the care thereof and for restricting or excluding from the use thereof not inconsistent with said terms, considerations, conditions, restrictions and reservations in said dedication set forth. Provided, however, and only provided that as to each and every resident in any such village and as to each and every freeholder, owner of any land therein, his heirs, grantees and assigns, the right of access in and over any such street, and any and all other easements therein, shall be as full and complete as if the said land had been dedicated as and for a public street.

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