The trustees shall report in writing to each annual meeting
of electors, a statement or account of the receipts and expenditures
of the corporation for the preceding year, which statement shall show
the names of the persons who shall have had any account or claim allowed
by them, the amount of such claim as presented, the amount allowed,
and a brief statement of the nature of the demand, and shall be filed
with the clerk.
The trustees shall have no power to borrow money upon the credit
of the corporation, nor shall they have any power or authority to
incur any debt against the corporation beyond the amount of the taxes
for the current year, without being thereto specially authorized by
a vote of the taxable inhabitants of said village qualified to vote
upon a resolution for raising money by tax; but the trustees of said
village of Churchville shall, by this act, receive for their compensation
for services actually rendered to said corporation, one dollar and
fifty cents per day of eight hours labor, to be paid from the village
treasury, and such additional pay to the president of the board of
trustees as a majority of the members thereof may deem proper.
All officers not made elective by this act, shall be appointed
by the trustees, and may be by them removed at pleasure.
The trustees shall have power to remit any poll tax levied upon
any indigent person who is sick, lame, or infirm, and to discharge
him from the payment thereof, and also to discharge any judgment which
may have been recovered against such indigent person who is sick,
lame, or infirm, without payment thereof.
[Amended 4-8-1899 by
L. 1899, c. 286]
The trustees shall have full power in all cases to correct the
assessment and tax rolls whenever it shall be made to appear to them
that any mistake has been made therein, and they shall have full power
and authority to correct the descriptions of real estate thereon,
and to add all necessary descriptions of real estate thereon when
a proper description thereof has been omitted by such board or when
the description thereof by such board shall appear to the trustees
to be any wise defective.
No elector shall be entitled to vote upon any question, resolution,
or direction relating to the raising of money by tax, or the disposition
of any funds or property of the corporation, unless at the time of
offering to vote upon such question, resolution or direction, he shall
be liable to be assessed and taxed for personal estate possessed by
him in said village, or real estate therein owned or occupied by him.
The term "person," in this act shall be deemed to include all
the corporations as well as natural persons.
In any action brought in the name of, or against the corporation,
before any justice of the peace, the president or any trustee shall
have full power and authority to appear, prosecute or answer and defend
for the said corporation, without any letter or warrant of attorney
therefor under its corporate seal; and simple oral proof of the fact
that the person claiming so to appear, prosecute, answer or defend,
acts at the time as such president or trustee, shall be sufficient
proof of his authority so to appear, prosecute, answer or defend,
and in case of any such suit, any verbal or written request by the
president or any trustee, for any other person so to appear, prosecute,
answer or defend, shall be sufficient authority for such persons so
to appear, prosecute, answer or defend for said corporation, without
any letter or warrant of attorney under its corporate seal, and such
verbal or written requests may be proved in the same manner as in
cases of suits between natural persons.
In any action brought by or in name of said corporation to recover
any penalty or forfeiture imposed by this act, or which may be imposed
or given by any rule, regulation, ordinance or by-law passed, ordained
or enacted by the trustees, it shall in all cases be sufficient without
setting forth any special matter to allege in the complaint that the
defendant is indebted to the said corporation in the amount of such
penalty or forfeiture whereby any action hath accrued, according to
the provisions of this act, naming the subject thereof by reference
to the title and section, according to the rules, regulations, ordinances
or by-laws of said village, naming the subject thereof and referring
briefly to the section or other division of the rule, regulation,
ordinance or by-law, for a violation of which the action is brought,
and also to the date of its passage or enactment by the trustees;
and process for the commencement of any such action shall have an
endorsement thereon to the effect that it is issued to enforce a penalty
imposed in accordance with the provisions of the act incorporating
the village of Churchville, and no other endorsement thereon shall
be necessary.
This act is hereby declared to be a public act, and the courts
shall be bound to take judicial notice of the same and of all the
provisions thereof.
All acts and parts of acts in relation to said village inconsistent
with the provisions of this act are hereby repealed.
This act shall take effect immediately.