to a village election a proposition to purchase land so located for such purpose at an expense, specified in the proposition, not exceed ing one per centum of the value of the taxable property of the vil lage, 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.

ARTICLE VI.

The Police Department.

Section 180. Jurisdiction of violations of ordinances. 181. Disposition of penalties; fecs of justices.

182. Criminal jurisdiction of police justice.

183. Record of police justice.

184. Compensation of police justice.

185. Accounts, reports and payments of fees and fines by salaried police justice.

186. Civil jurisdiction of police justice.

187. Acting police justice.

188. Village policemen.

189. Powers and duties of policemen.

190. Fees, salaries and expenses of policemen.

Section 180. Jurisdiction of violations of ordinances.- Jurisdic tion to hear, try and determine charges of violations of village or dinances is hereby conferred upon magistrates as follows:

1. A police justice, or in case of his absence or inability to act, the acting police justice has exclusive jurisdiction, in the first instance.

2. In case of the absence or inability to act of both the police justice and the acting police justice, or if the office of police justice does not exist in the village, a justice of the peace of a town including any part of the village has jurisdiction exclusive of any other justice of the peace.

3. In cases not provided for in the foregoing subdivisions, any jus tice of the peace has jurisdiction.

§ 181. Disposition of penalties; fees of justices.-Every penalty imposed by a justice of the peace for the violation of a village ordinance shall be paid to the village treasurer. In such cases the fees of the justice are a village charge.

§ 182. Criminal jurisdiction of village police justice.-The police justice of a village may hold a court of special sessions therein and

shall have in the first instance exclusive jurisdiction to hear, try and determine charges of a misdemeanor committed within such village and triable by a court of special sessions, subject to the right of removal, as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed' within the county. Such police justice shall have exclusive jurisdiction to take the examination of a person charged with the commission in such village of a crime not triable by a court of special sessions; and also to hear, try and determine charges against a person of being a vagrant or disorderly person within such village, or of having committed disorderly conduct therein; and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto. Such police justice shall have all the power and authority, and be subject to all the duties and liabilities, of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct, in a county including any portion of such village, but if the offense is charged to have been committed outside of the village, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him, who shall proceed thereon as though, such warrant had been issued by him upon such papers. A person arrested upon a criminal warrant issued by a justice of the peace upon a charge of committing crime or an offense of a criminal nature within a village, shall be taken before the police justice of such village, and the papers upon which the process was issued delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. The term "proceeding" as used in this article also includes a special proceeding of a criminal nature.

$183. Records of police justice.-The board of trustees shall provide the police justice with suitable books in which he shall keep a record of all actions or proceedings for violations of village or dinances and of criminal actions and proceedings, had or tried before him, or in a court of special sessions, held by him, which record in each case shall contain the names of the complainant and defendant, a statement of the nature of the offense charged and, under the proper dates, the proceedings therein, the minutes of all courts of special sessions held by him, and an acVol. I 54

curate account of all fines, penalties, fees, expenses and costs imposed, received or ordered paid by him, in all such actions and proceedings.

184. Compensation of village police justice.-If the police justice of a village shall not be paid a salary, he shall be entitled to receive for his services the same fees as a justice of the peace for like services, to be paid in like manner, except that his fees in proceedings on account of violations of the village ordinances, shall be paid by the village.

The board of trustees may determine that the police justice shall be paid a salary instead of fees, and may fix the amount thereof, and such salary shall not be increased or diminished during his term of office. Such salary shall be paid in equal monthly installments by the treasurer, except that a ratable proportion shall be deducted from his salary, because of any failure to perform his du ties. The amount of such deduction shall be determined by the board of trustees and paid by the treasurer to the acting police justice or other justice who shall have acted during such period. Such police justice and acting police justice shall each report to the board of trustees at the first regular meeting thereof in each month, the time, if any, during the next preceding calendar month that the police justice of such village failed to perform the duties of his office and the time during which the acting police justice or other justice. performed such duties.

§ 185. Accounts, reports and payments of fees and fines by salaried police justice. If the police justice of the village is paid by salary, he shall not receive for his own benefit any fees, costs or expenses in any action or proceeding, but shall demand and receive the same fees, costs and expenses therein, as are provided by law to be paid to a justice of the peace of a town, and shall keep an account thereof and of fines and penalties paid to him. All such costs, fees and expenses and all penalties or other money so paid to him in a proceeding for or on account of a violation of an ordinance of the village during any calendar month shall be paid to the village treasurer before the first regular meeting of the board of trustees in the next succeeding month. All other fees, costs, expenses, fines or penalties so collected shall be paid over and accounted for in the same manner as moneys collected by a justice of the peace in like cases. He shall, prior to such meeting in each month, file with the village clerk a complete, detailed and verified statement of all moneys payable to the village treasurer, which were received by

him during the last preceding month, with the written receipt of the treasurer therefor attached thereto. No order for the salary of such police justice shall be drawn until such monthly statement and receipt are filed with the clerk. He shall keep an account of all fees in criminal actions and proceedings, which would be payable to him if he were not paid a salary, and which are a town or county charge, and shall present claims for such fees against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the treasurer of the village, who shall collect the amount thereof.

The police justice

§ 186. Civil jurisdiction of police justice. shall have the same jurisdiction as a justice of the peace of a town in civil actions to recover a penalty or forfeiture, payable to the village. The town clerk of each town in which a village or any part thereof is situated, shall furnish to such police justice, jury lists in the same manner as to the justices of the peace of his town.

§ 187. Acting police justice - The board of trustees of a village in which the office of police justice is established shall designate a justice of the peace residing in the village, if any, and otherwise, a justice of the peace residing in the town in which the village or a part thereof is situated, as acting police justice of the village. During the absence or inability of the police justice to perform the duties of his office, the acting police justice has all the powers and is subject to all the liabilities of a police justice within the village.

§ 188. Village policemen.- The president, each trustee and the street commissioner are ex officio members of the police depart ment, and have all the powers conferred upon policemen by this article. The board of trustees, or if a municipal board continued by section sixty-nine now acts as police commissioners, such board may appoint and fix the terms, not extending beyond the current official year, of one or more village policemen, one of whom may be desig nated as chief of police.

189. Powers and duties of policemen.- The policemen so ap pointed shall have all the powers and be subject to the duties and liabilities of constables of towns in serving process in any civil. action or proceeding to which the village is a party, and in serving warrants, subpoenas or other process in criminal actions or proceedings, for or on account of crimes committed within the village, and in making arrests therefor, or for violations of village ordinances. Except in case of the absence or other disability of a vil

lage policeman, such powers shall be exclusive of any constable of a town, in serving all warrants, subpoenas or other process issued by the police justice, acting police justice, or a justice of the peace, for or on account of an offense or a violation of an ordinance committed within the village.

§ 190. Fees, salaries and expenses of policemen.- The board of trustees may determine that each village policeman shall be paid a salary instead of fees and may fix the amount thereof. A village policeman shall receive the same fees as constables of towns for. similar services, to be paid in like manner, except that his fees for services in proceedings on account of a violation of a village ordinance shall be paid by the village. If a village policeman receives a salary all fees collected or received by him belong to the village and he must account therefor and credit the same upon his salary. A village policeman shall not receive any present or reward for his services other than his fees or salary, except by the consent of the board of trustees. Every village policeman who receives a salary from the village for his services shall keep a book in which shall be entered all services performed by him, which are a town or county charge, and shall present claims therefor against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the village treasurer, who shall collect the amount thereof.

ARTICLE VII.

The Fire Department.

Section 200. General powers of the board of fire commissioners.

201. Ordinances.

202. Organization of companies.

203. Incorporation of fire department.

204. Election of company officers and delegates.

205. Chief engineer and assistant engineers.

206. Council of fire department.

207. Meetings of fire department.

208. Duties of chief engineer and assistants.

209. General exemptions of firemen.

210. Annual report of the fire commissioners.

Section 200. General powers of the board of fire commissioners.

The board of fire commissioners of a village,

1. Has the care, custody and control of all property belonging to the fire department.