dent lands therein, as the same shall appear from the last assessment roll of said village.

tax.

5. The highway taxes, assessed as aforesaid, upon pro- Highway perty in said village, and against corporations therein, and against individuals whose names are upon said assessment roll, shall be collected in money, in the same manner as ordinary taxes within said village; and when collected, the same shall be applied by the trustees as directed in subdivision seven of section sixteen of this act.

6. The trustees shall make out and deliver to the street commissioner of said village, a list of all persons assessed for highway labor therein, whose names are not on the last assessment roll of said village; and he shall proceed to notify said persons to work out their assessments on the streets and highways within said village, in the same manner as overseers of highways are directed to proceed by the provisions contained in article third, title first, chapter sixteen of the first part of the Revised Statutes. And every person, when so notified, shall work out his assessment under the direction of the said commissioner, or he may commute for the same at the rate of fifty cents per day, to be paid to the said street commissioner, and to be applied and expended by him, under the direction of the trustees, in the improvement of the streets, sidewalks, roads and highways within said village. If any person shall neglect or refuse to labor or commute, as aforesaid, he shall be liable to the same penalties, and to be enforced by the street commissioner in the same manner, as is provided in the article of the Revised Statutes above referred to.

List to be

delivered to

street com

missioner.

be kept.

$42. The street commissioner shall keep an accurate Account to account of all moneys received by him for commutations or penalties, stating the persons from whom and when received, and the expenditures of such moneys, and shall report the same to the trustees when requested by them; and he shall in all cases, by the first day of January in each year, render and file with the clerk of the village, an account, in writing, and verified by his oath, and showing:

1. The names of all persons contained in the aforesaid list delivered by him to the trustees.

2. The names of all those who have actually worked

Police.

No justice

of peace to

render service, &c.

on the highways, under his direction, in payment of their poll tax.

3. The names of all those who have been fined, and the sums in which they have been fined.

4. The names of all those who have commuted, the amount received for commutations, and the manner in which the moneys received from fines and commutations has been expended.

TITLE VIII.

OF THE POLICE DEPARTMENT.

S43. The police justice shall have the same powers and jurisdiction, and be subject to the same duties and liabilities, as justices of the peace in the town of Whitestown, and his judgments and proceedings may be reviewed in the same manner as is or may be provided in cases of judgments and proceedings of justices of the peace.

$44. Such police justice shall keep an office within said village, and hear all complaints, hold courts and courts of special sessions, and conduct all other criminal business that may by law be done by a justice of the peace.

$ 45. No justice of the peace of the town of Whitesbe bound to town shall be bound to render any service, or be entitled to receive any fees in criminal cases arising in said village, or in cases for fines or penalties imposed by this act, or the by-laws and regulations of the said village, except during the vacancy in the office of police justice; and except that in case a complainant shall, by his own oath or that of any other person, prove to such justice of the peace that said police justice is absent from the village, or is sick or otherwise unable to attend to such application, then the justice of the peace to whom such application is made shall hear the complaint, and may issue the warrant to apprehend the person charged with the commission of the offence, and shall be entitled to receive therefor the fees allowed by law; but such warrant shall be made returnable before the said police justice.

Constables.

$ 46. It shall be the duty of every constable arresting any person on a criminal warrant issued by any justice of the peace in said village, to take such prisoner before

the said police justice, unless it shall appear by the warrant that the offense charged was committed out of the village of Whitesborough, and the police justice shall proceed therein as though the warrant was issued by or returnable before him; and in case the police justice is absent from the town, or by reason of sickness or other cause is unable to hear the case, then the constable shall take the prisoner arrested before one of the justice of the peace of the town of Whitestown, who shall proceed therein and be entitled to fees for his services.

tice.

tion of.

$ 47. It shall be the duty of the police justice, when- Police jusever requested by the president or any trustee of said village, to issue subpoenas requiring any person appearing before him to give evidence upon a complaint for an offence committed in said village. Upon the return of such subpoena, the police justice shall examine the witness or witnesses, on oath, in relation to the offense supposed to have been committed, and if it shall appear that any such offense has been committed, he shall proceed thereon in the same manner as though such witnesses had voluntarily made such complaint before him. $48. The said police justice shall have exclusive juris- Jurisdic diction in all actions brought to recover a fine, penalty or forfeiture for the violation of this act, and of the bylaws, ordinances, rules or regulations of said village, and for the recovery of taxes and assessments imposed or assessed pursuant to the village charter. Every such action brought in the police justices' court, shall be in the name of the corporation, and may be commenced by summons or by warrant. If judgment be given against the defendant in such action, execution may be issued thereon immediately, unless it is for a tax or assessment, and shall require, if the officer to whom it is issued can not find goods or chattels of the defendant whereof the judgment can be collected, that the defendant be imprisoned in close custody, in one of the county jails in the county of Oneida, for a term not exceeding thirty days. S49. He shall keep a book in which he shall enter all Shall keep business done by him, and shall make out his accounts of all business done by him, which may be a town or county charge, against the town of Whitestown or county of Oneida, in the same manner as bills of the justices of the peace in like cases; and in which he shall

book.

Cost of action, &c.

Police jus tice to make quarterly report.

Police con stable.

charge the fees, as allowed by law, to justices of the peace, and which shall be duly verified by him, and be audited by the town auditors of said town, or board of supervisors of said county, as the case may require; and the amount audited shall be levied as other town and county charges, and paid over to the treasurer of the village.

$ 50. In all cases when said police justice shall decide or give judgment in favor of any party, it shall be with costs of the action or proceeding, including witnesses' or officers' fees; and whenever any plaintiff, or complainant, or defendant, in any action or proceeding, shall be adjudged to pay costs, the said police justice shall tax for his services such fees as are allowed by law to justices of the peace for like services, and such fees to witnesses and officers as are allowed to them by law in like cases before justices of the peace; which costs and fees shall be collected according to law. And all fines, penalties and forfeitures imposed by or recovered before said, police justice, for criminal offenses, or for a violation of this act, or of any by-law, ordinance, rule or regulation of said village, shall be received by him from the person who shall collect the same, and paid over to the treasurer of the village.

$51. Such police justice shall, quarterly, or oftener, if required by the president or trustees, render an account, on oath, to the trustees of the village, in writing, in which shall be specifically stated the amount of fines, penalties and forfeitures received by him in every case, and all fees or other moneys received by him belonging to the corporation, and shall, forthwith, pay over the same to the treasurer of the village.

S52. The police constable shall have the same powers, and be subject to the same duties, in criminal and in civil cases, cognizable by the police justice, as constables in the town of Whitestown, and shall give the security in the same manner, but to be approved by the president and filed with the clerk of the village.

$53. It shall be his especial duty to arrest any and all persons, in the village, guilty of any crime, misdemeanor, or offense against the peace and good order of society, and take them before the police justice, to be dealt with according to law. The police constable shall also be

bound to take strict notice of any unnecessary noise or disturbance in the streets or other places in the village, particularly in the night time, to admonish offenders, and if the offense be of sufficient magnitude, to arrest them and take them before the police justice to answer for the offense. He shall also act as watchman in the night whenever the trustees require it.

TITLE IX.

MISCELLANEOUS PROVISIONS.

$54. No person shall be an incompetent judge, justice, witness or juror, by reason of his being an inhabitant of the village of Whitesborough, or liable to taxation therein, in any action or proceeding in which the said village is interested.

$55. No person entitled to a vote at any election held Voters. under this act, shall be arrested on any civil process within said village during the time of holding such election.

$56. Every person elected or appointed to any office under this act, who shall be sued for any act done or omitted to be done by him, in virtue of his office, and who shall have final judgment rendered in his favor whereby he shall be entitled to costs, shall recover double costs, as defined in the Revised Statutes.

$57. Whenever any person or corporation shall refuse Neglect to or neglect to pay any tax or assessment, duly assessed pay tax. against any such person or corporation, the trustees may collect the same by action in the corporate name of said village, against such person or corporation; but such action shall not operate to release any lien upon property for such tax until the judgment rendered in such suit shall have been fully satisfied.

$58. Whenever any real estate in said village shall be owned by two or more persons jointly, or as tenants in common, a notice served on one of such persons shall be sufficient notice to all, for any purposes requiring notice under this act, unless one of said persons or tenants in common shall be a non-resident, in which case notice shall be mailed to said non-resident, directed to his place of residence, or in case said residence is not known, said notice shall be published for two successive weeks, once in each week, in the state paper.

Real estate more than

owned by

one.