person, riotous person, or person keeping a disorderly house, or a house of ill fame or assignation or prostitution, under the provisions of this Act, or any rule by law or ordinance made in reference to such persons under this Act (1870), is brought before an officer having jurisdiction of such matters, he shall, unless the offence complained of be indictable at common law, proceed forthwith to hear, try, and determine such complaint, as provided by law, for the offence on which such person is arrested; or he may adjourn the hearing on cause shown, not to exceed five days, and in the meantime commit the offender to the village lock-up or place of confinement, or county jail, until such day, or suffer him or her to go at large, on executing a bond approved by the said officer, conditioned that he or she will appear on the adjourned day when trial shall be had.

Disorderly persons are all those found intoxicated in the streets of the village, or guilty of noisy, riotous, &c., conduct; who wilfully give a false alarm of fire; publicly use any profane, vulgar, or obscene language or conduct; who wilfully and maliciously injure or remove, &c., any building, awning, &c., tree, shrubbery, or other ornamental thing; remove from or pile up before any door or on any sidewalk boxes, casks, or other things for the purpose of annoyance or mischief; or wilfully tear down, mutilate, &c., any notice or handbill lawfully posted up; who incite or induce dogs to fight in public places, &c.; are guilty at the time of fire in the village of insubordinate, &c., conduct; attempt to obstruct the operations of the fire department, or wilfully neglect or refuse to obey, &c., the orders of the trustees or officers of the fire department. Any trustee or police constable can arrest vagrants

or disorderly persons, with or without process, and detain the person arrested not exceeding 24 hours, until the proper officer to try such person can be found.

Assessments are a lien on the lot or lands assessed, in the same manner and to the same effect as town and county taxes. All resignations of officers are made to the trustees, subject to their acceptance. The president and trustees receive no compensation for their services. The county clerk records all returns of inspectors of elections for the incorporation of villages in the records for the recording of deeds, or in a book specially provided for that purpose; or in case the village is located in two or more counties, then the county clerk of either of said counties records all these returns in the same manner.

The board of supervisors can extend the boundaries of any incorporated village within their respective counties upon the petition of the president and board of trustees of the village, by a vote of a majority of all the supervisors elected, taken by yeas and nays; but it is necessary to have the affirmative vote of the supervisors of the town or towns from which the additional territory is to be taken in which such village is situated, and of the supervisor or supervisors, if any, of such village. And these boards can diminish the boundaries of any incorporated village within their respective counties so as to exclude from such incorporation any portion of the territory embraced therein, upon the petition of two-thirds of the electors resident within the portion of territory sought to be so excluded, who are liable to be assessed for the ordinary and extraordinary expenditures of such village, by a vote of a majority of all the supervisors elected, to be taken by yeas and nays, provided that no act, ordinance, or resolution for such purpose shall be valid

and operative unless it shall receive the affirmative vote of the supervisor or supervisors, if any, of such village.

The taxpayers of any incorporated village, at any meeting thereof lawfully convened, may, by resolution, direct the trustees of such village to purchase suitable lands for a buryingground for such village, or lands in addition to any existing buryingground owned by said village, upon such terms and conditions not inconsistent with law. But the whole expense of purchase-money, fencing, &c., shall not exceed $10,000, unless the population of the village exceeds 4000 persons, nor more than $20,000 in any case; and the title thereof shall be vested in such village by its corporate name, and shall be inalienable, except in the manner and for the purposes mentioned in the Act, laws of 1847, chap. 209. The trustee of the village shall cause an accurate record to be kept of every interment in the burying-ground, and the time when made, and the name, age, and place of birth of every person buried therein, when these particulars can be conveniently ascertained; and this record is so kept as to show the lot, and part of the lot, in which each interment is made. A general tax of not over $150 in any one year may be collected on the village taxable property for the purpose of improving the burying-ground.

The authorities—namely, the president and trustees-of any incorporated village may (laws of 1875, chap. 181, amended by several subsequent Acts) proceed to organise into a board of water commissioners whenever a majority of them deem it advisable, and shall certify the same in writing to the clerk of the village, who shall thereupon, and within five days thereafter, notify said authorities in writing to attend a meeting to be held within five days thereafter for the purpose of organising as a

At

board of water commissioners. the time and place named in this notice, said authorities, or a majority, meet and organise by electing one of their number president of the board, and, also from their number, a secretary and treasurer. This board may make all necessary rules and regulations for its government and the transaction of its business. The treasurer has to give a bond, with sufficient sureties, in such amount as may be determined by the board of commissioners. It is the duty of the commissioners to examine and consider all matters relating to supplying the village with pure and wholesome water, and for that purpose they have power to employ engineers, surveyors, and such other persons as are necessary for that purpose; and they adopt such plans as in their opinion may be most feasible for procuring such supply of water, and which embraces proper distributionpipes and supplies for all streets and places where in their opinion it is of interest to the village for domestic purposes, or for protection against fire, and ascertain the probable amount of money necessary to carry the same into effect; and for that purpose they have power to contract for and purchase, and take by deed or other instrument under seal, in the name of said village, all lands, tenements, hereditaments, rights, or privileges whatever, and situate at any place within the county in which said village may be situated, which may be required for the purpose, and to contract for the execution of the work, or any part thereof, or the supply of any necessary material; and the commissioners and their agents and employees are authorised to enter upon any land or water for the purpose of making surveys, and to agree with the owner of the property, real or personal, which may be required, as to the amount of compensation

to him, subject to a revision by the court upon the application by any three taxable inhabitants of the village. Before entering, taking, or using any lands, the water commissioners shall cause a survey and map to be made of the lands intended to be taken or entered upon for any of said purposes, by and on which the land of each owner or occupant shall be designated, which may be signed by the president and the secretary, and shall be filed in the office of the county clerk of the county in which the said lands are situated; and upon such filing the water commissioners, by any of their officers, agents, or servants, may enter upon any lands so designated for the purpose of prosecuting the construction of their works. Where the commissioners are unable to agree with the persons owning or having an interest in any lands, &c., the supreme court, at any special term thereof held in the judicial district in which said lands are situated, shall, on application, appoint three disinterested citizens of the county in which the lands are situated, who shall be freeholders, as commissioners of assessment, to determine the damage sustained by each of such persons by reason of the taking or use of his or her lands, &c. Whenever any report of these commissioners of assessment has been confirmed by said supreme court, the water commissioners may deposit, as the court may direct, or pay to said owner or to such persons as the court may direct, the sum mentioned in the report in full compensation for the property so required; and thereupon the village becomes seized in fee of the property so required, and is discharged from all claim by reason of any such appropriation or use. It is the duty of the commissioners to borrow from time to time, upon the credit of the village, a sum not exceeding 10 per cent of the assessed

value of the real and personal estate of the valuation of the village, as appears by the last assessment - roll, upon such term of credit not exceeding thirty years, and at rate of interest not exceeding the legal rate, as seems to them for the best interest of the village; and, to secure the payment of such loan, they are authorised to make and deliver bonds, certificates, or other obligations, signed by them or any three of them, as said commissioners, which bonds, &c., are made payable in such respective amounts and at such respective times as the commissioners deem best; and these bonds, and the interest thereon, are a valid liability against the village, and the credit of the village is pledged for the payment of the same, and the money so borrowed is appropriated by the commissioners to supplying the village with water. Before any such bonds are issued, the commissioners have to file with the clerk of the county their joint and several bond in the sum of $20,000, with sureties approved by the county judge. Ample powers are given to make contracts, use the streets, establish a scale of waterrents, &c. The entire annual receipts for water-rents, after deducting therefrom such sums as may be necessary for repairs, &c., are applied towards the payment of the interest on the loan, and towards the creation of a sinking fund, which is managed by the commissioners. No investment shall be made in behalf of this sinking fund, except in the bonds of the United States, of the State of New York, or of any city of said state, and in the water bonds, &c., of the village issued as stated, bought at not over par, which, when so purchased, shall be immediately cancelled. Should the annual receipts for water-rents, after deducting for repairs, &c., not pay the full interest in any year, or any part of the prin

cipal fall due in any year, and the sinking fund not be sufficient to pay the same, any such deficiency is to be assessed, levied, and collected from the taxable property of the village at the same time and in the same manner as other expenses of the village are assessed, levied, and collected; and the same is applied to the payment of such interest or principal, or both. The commissioners annually, on the first day of May and at all other times as required by the board of supervisors of the county in which such village is situated, deliver to said board of supervisors a detailed statement of all their accounts, a general statement of all their work and condition of their affairs and state of finances, including a full detail of the amount expended in the progress of the work, and a particular statement of any deficiency as to the water-rents in meeting the principal and interest of the sum borrowed; and all books and papers of every kind and description kept by the commissioners, upon which are entries of their transactions as such, are at all times subject to the inspection by said board of supervisors, and by every elector of said village. The commissioners can from time to time make by-laws, rules, and regulations not inconsistent with the laws of the state or of the United States.

The trustees of any such incorporated village containing a population of 3000 and upward may, whenever in their opinion the public interest demands it, at any time not less than thirty days preceding the next annual election for village officers, direct that at such election, and at every fourth annual election thereafter, there shall be elected a police justice, who shall be a resident of the village in which he is elected, and hold office for four years, and have the same power and jurisdiction in criminal cases which justices of the peace have

by law, and be subject to the same duties and liabilities as the justices of the peace of the several towns of the state, and have jurisdiction in all cases of violation of village ordinances. When the whole of any town has been duly organised as a village, the electors, if they so elect at a meeting duly called for that purpose, may provide for the division of such village into districts, and for the election of the trustees of such village within the several districts established therein. Whenever any vacancy, by death, resignation, removal from the village, or inability to discharge the duties of the office, occurs in the said office, the trustees order an election to fill the vacancy at the next annual election, and in the meantime may fill it by appointment, or may designate one of the justices of the peace of the town in which the village is situated to perform the duties of police justice until such election has been held. The fees of these police justices, and also of any justice of the peace while so acting ad interim, are a charge upon the village, and audited and allowed in the same manner as other village charges. Every police justice, within ten days after election, and before entering upon the duties of his office, takes and subscribes the constitutional oath of office, and files it in the office of the town-clerk of the town in which he resides.

Upon the application in writing of not less than 25 electors, inhabitants of any incorporated village, the board of trustees may determine, by resolution entered in their minutes of proceedings, that a police justice shall be elected for such village, and if they so determine, the electors of the village may, at their then next annual election, or at a special election called for the purpose, and conducted in the same manner as the annual election, choose a police jus

tice, who shall be a resident elector of the village, and enter upon the discharge of his duties as soon as he is duly notified of his election, and takes and files in the office of the village clerk the constitutional oath of office, and a bond with the sureties in such sum as the board of trustees prescribes, and approved by such board, conditioned for the faithful | performance of his official duties. The term after the first, which expires on the 31st day of December in the third year succeeding his election, is three years, commencing with the first day of January, the election being on the same ticket with other elective village officers at the preceding annual charter election. Vacan

cies are filled by the board of trustees until a successor for the unexpired term is elected at the next annual election. Such police justice has, within his village, and in cases where the alleged crime or misdemeanour has been committed within his village, exclusive jurisdiction, except as after stated, to issue all warrants, hear and determine all complaints, and to conduct all examinations and trials in criminal cases, that may be had by a justice of the peace, or before a court of special sessions; and has the same power and jurisdiction in such criminal cases as justices of the peace have, and has exclusive jurisdiction in all cases of violations of ordinances of his village. He also has authority to administer oaths in verification of accounts and claims against the village, but has no other civil jurisdiction. He receives for his services an annual salary fixed by the board of trustees, which shall not be increased or diminished during his term of office, but he does not retain to his own use any costs or fees. Said justice is subject to the same liabilities, and his judgments and proceedings may be reviewed in the same manner and to the same extent as by law provided in case of

| justices of the peace. In case of sickness, absence, &c., of the police justice, it is the duty of the several justices of the peace of the town in which the village is wholly or partially situated to fill his place ad interim, getting the same fees as would be chargeable therefor as though no police justice had been elected, but having no claim for such services against the village, or the town or county. It is the duty of the police justice to provide and enter in a suitable book a record of the several complaints made before him, in which a warrant or other process for the arrest of any person accused is granted, and of all cases in which the offender or person accused is brought before him without process; which record shall contain, under the proper date, a brief statement of the names of the parties, the nature of the offence charged, the action of the | said police justice thereon; and an accurate account of all fines, penalties, and costs imposed and collected by him, or which may be ordered to be paid by any offender. And annually, at least two weeks before the time appointed for holding the charter election of said village, and oftener when required by resolution of the board of trustees, he shall make a report in writing to the clerk of the village of all fines, penalties, and costs imposed and collected by him; and the same day on which he makes this report he shall pay over to the treasurer of the village all fines, penalties, and costs in his hands belonging to his village. The provisions of this Act as to police justices do not apply to any village in the county of Madison. In all cases of imprisonment of persons charged with the commission of any offence, or under sentence or conviction of any offence within the jurisdiction of any police court of such village, such imprisonment is in the county where the