Account to

be made for ser

vices, and

presented to board

of super

visors.

village) that, before the passage of this act, were proper charges against said town of Geneva, and present the same to the town board or other auditing board or officer of said town, and said town board or other auditing board or officer of said town of Geneva shall audit and allow said account for the same amount as though the same services had been performed by a justice of the peace or court of special sessions of said county. The police justice shall also, at least yearly, make out an account against the county of Ontario for all services that he shall perform, which before this act were a county charge against the said county of Ontario, and present the same to the board of supervisors of said county, and said board of supervisors shall audit and allow said account for the same amount as though the services therein charged had been done by a justice of the peace or court of special sessions of said county; and the said board of supervisors of Ontario county shall include in the yearly tax list for said county the amounts thus allowed by the town board or other auditing board or officer of the town of Geneva, and also the amount allowed by them, and collect the same, and, in their warrant attached thereto, direct the collector of the town of Geneva to pay such amounts, when collected, to the treasurer of this village. And said town collector of said town of Geneva shall pay said moneys as thus directed, at the same time he pays over other taxes. The police justice shall collect and receive all fees, fines and allowances that are by law collectible by justices of the peace or court of special sessions in towns, or that may be imposed or received by him to enforce this charter or any by-law of this village. And, on or before the tenth day of each month, he shall make and return to the clerk of this village, in such form as the board of trustees may prescribe, a sworn tabular statement of all such fees, fines and allowances imposed or received by him, either directly or indirectly, during the last month preceding, and with it the receipt of the treasurer of this village, showing that he had paid into the village treasury the amount of all such fees, fines and allowances, as shown by said statement, for the benefit of the village, and any omission to render such statement and pay over such fines. fees and allowances, or any part thereof, on or before the twentieth day of each month, or any false statement, or any intentional omission to set out in such statement any portion of such fines, fees or allowances received by him, shall be sufficient cause for removal of said police justice Justice of from office. The board of trustees may also appoint some justice of peace to be the peace of the town of Geneva, as herein before provided, and said justice of the peace, thus appointed, shall, at any time when the police justice shall be unable to perform the duties, or any of them, of his office, on account of necessary absence from this corporation, sickness or any other cause that does not vacate his office, perform all the duties and have all the powers, and be subject to all the regulations herein provided as to said police justice, and for such services he shall receive a proportionate share of the salary of said police justice, to be determined by the board of trustees, which amount paid him shall be deducted from the salary of said police justice. And said justice of the peace shall receive no fees, pay or allowances from any source, for such services, except such proportionate share of said salary. But said justice of the peace shall make all statements and accounts, as herein before provided, for the period during which he shall discharge the duties of police justice. Said justice of the peace thus designated shall continue to discharge said duties during his term of office. If both said police justice and said justice of the peace, thus designated, shall at any time be temporarily absent from this corporation, or un

appointed

to act in

case of illness, etc.,

of police

justice.

able to perform the duties of this office, the board of trustees may designate any other justice of the peace of the town of Geneva to perform the duties of said office during said temporary absence or inability, and provide for payment thereof, and such justice thus designated shall have all the powers of and be subject to all rules and regulations concerning, said police justice, for the time he shall act. But no justice of the peace of the town of Geneva shall receive any fees, emoluments or pay from any source, for the performance of any duties, or the issuing of any process of which the police justice, by this act, has jurisdiction, except as provided in this act. The police justice shall have concurrent jurisdiction with justices of the peace of all criminal matters within the town of Geneva, of which the justices of the peace and courts of special sessions thereof now have or shall have jurisdiction within the towns of this state.

§.3. Section twenty-three of title nine of the act hereby amended is hereby amended so as to read as follows:

police

summarily

mine

§ 23. The police justice shall have power in cases of persons brought When before him, within the meaning of this act, to proceed summarily and Justice to without a jury to try such persons, and hear and determine the charges proceed alleged against them and in case any person shall be found guilty of to deterany such acts or offenses as constitute him a disorderly person within charges. the meaning of this act, such police justice shall impose upon him a fine not exceeding fifty dollars, and sentence him to stand committed to the common jail of the county (or to such penitentiary as the said police justice may be by law authorized to commit persons to) until the same be paid not exceeding sixty-five days, or he may sentence him to be confined in the county jail, not to exceed three months. § 4. All acts or parts of acts inconsistent with this act are hereby repealed.

5. This act shall take effect immediately.

CHAP. 164.

AN ACT to amend chapter five hundred and thirteen of the laws of eighteen hundred and sixty-seven, entitled "An act to amend the charter of the village of Avon."

PASSED May 15, 1882; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section eight of chapter five hundred and thirteen of the laws of eighteen hundred and sixty-seven, entitled "An act to amend the charter of the village of Avon," is hereby amended so as to read as follows:

§ 8. Every resident of said village qualified to vote for a member of Electors. assembly, and who shall have been a resident of said village for thirty days next preceding any village meeting, may vote at such meeting, but no person shall vote upon a proposition to raise money by taxation, or to dispose of any money or property, unless he shall have resided in said village for sixty days next preceding the time he offers his vote, and shall be a bona fide tax payer or householder in said village. The qualifications of voters shall be determined by the inspectors who may examine on oath, to be administered by one of them, any person offering to vote, in respect to his qualifications.

Police fund.

Water fund.

Financial report.

Manage

ment, etc., of gas,

sewer

§ 2. Section sixteen of said act is hereby amended by adding thereto two new subdivisions to be known and designated as numbers four and five, respectively, to read as follows:

4. For the maintenance of an efficient police, and to be known as the "police fund."

5. For the construction and maintenance of reservoirs, water tanks and cisterns, and for obtaining water for fire purposes, and to be known as the "water fund."

§3. Section twenty-one of said act is hereby amended so as to read as follows:

§ 21. The president shall annually cause a report of the financial transactions of the village for the year to be published the week before the annual meeting, by one insertion, in a paper published in said village, and shall submit the same to the annual meeting, which report shall show.

1. The amount raised or received for each of the several funds, authorized by the charter of said village.

2. All payments, charged to the several funds, specifying the amount paid to every person, giving the name of the person, the object of the expenditure and the amount paid, distributed under the heads designated by the names of the several funds.

3. An estimate of the amount required to be raised by tax for the ensuing year for each of the several funds, specifying in detail, as far as practicable. It may contain such further statements as he may deem useful for the formation* of the meeting.

84. The twentieth subdivision of section twenty-four of said act is hereby amended so as to read as follows:

20. To direct the laying down and management of gas, water, and sewer pipes in any street, and determine the location of any gas-works water and in said village, also to regulate water-courses and watering-places, and pipes, etc. construct drains and sewers; the expense of constructing, maintaining and repairing drains and sewers, or of deeping* or enlarging watercourses, not for highway purposes, to be assessed upon the real property directly benefited in proportion to the amount of such benefit to such real property; provided that no sewer shall be constructed or water-course deepened or enlarged, except upon the petition, signed by a majority of the persons whose property shall be liable to assessment for the expense of the construction, deepening or enlarging thereof, and the trustees shall appoint three disinterested freeholders, residents of said village, to make every such estimate and assessment, who, before they enter upon the discharge of their trusts, shall be duly sworn, before a justice of the peace in the county of Livingston, or police justice of said village, to make the said estimate fairly and impartially according to the best of their skill and judgment; and such assessors shall do all such acts as regards the correcting their said estimate and assessment as town assessors are authorized and directed to do upon the completion of their assessment-rolls; and a certificate in writing of such estimate and assessment being returned to the board of trustees and ratified by them, shall be binding and conclusive upon the owners, occupants and others interested in such real property, and the assessment, so certified, shall be a tax upon such owner or owners, and a lien upon such real property, and the said assessment shall be collected in the same manner and with the fees prescribed in this act for the collection of the general village tax. Every person acting as

So in original.

such assessor shall receive two dollars for each day actually employed

thereat.

§ 5. Section twenty-four of said act is hereby amended by adding thereto three new subdivisions to be known and designated as numbers twenty-eight, twenty-nine and thirty, respectively, to read as follows:

28. To establish and organize a fire department, and to provide for Fire dethe government, preservation and maintenance of the same and fur- partment. nish a building or buildings for its accommodation, and the trustees shall have power and are hereby authorized to appropriate moneys for this purpose from either the "highway fund," or "ordinary fund," or

both.

etc.

29. To erect lamps, lamp-posts and fixtures at such places in said Lamps, village as the trustees may deem proper, and to provide for the care and lighting of such lamps; and the trustees are hereby authorized to charge the expenses of the erection, care and lighting of such street lamps to either the "highway fund" or "ordinary fund," or both.

30. To maintain water-tanks and provide water therefor and charge the expense thereof to the "highway fund."

§ 6. Section twenty-eight of said act is hereby amended so as to read as follows:

etc.

§ 28. Whenever the trustees shall direct a sidewalk in front of any Grade of lot to be made, they shall direct the grade, width, form of construc- sidewalks, tion, and may prescribe the materials, or direct it to be covered with flagging stone, hard brick or plank, with such curbing as they may deem proper. When required to be covered with flagging or brick, at least sixty days' written notice shall be given to the owner, his agent, or the occupant of the lot; in all other cases thirty days' written notice shall be given. Whenever they shall direct a sidewalk to be repaired only six days' written notice of such requirement shall be given; such notice shall be personally served upon residents of the village by delivering to and leaving with such resident a copy thereof, and upon non-residents by delivering to and leaving a copy of such notice with the occupant or tenant, and if there be no such occupant or tenant, such service shall be complete by publication thereof in a newspaper published in the village for three weeks, and by mailing a copy of such notice to the address of such owner, if it can be ascertained upon diligent inquiry, and the expenses of such publication shall be chargeable, with the costs of the construction of the sidewalk, to the lot.

walks, etc

§ 7. Section thirty of said act is hereby amended so as to read as follows: $30. All expenses incurred by the village in grading, constructing or Expenses repairing any sidewalk, setting out shade trees, removing snow and ice, of sideor obstructions from sidewalks, the removal or abatement of a nuisance, or the doing of any other act they are authorized to do, the owner or owners, person or persons having neglected or refused, may be collected by a suit and in the name of the corporation, or may be assessed and collected by a warrant to be issued by the trustees in the same manner as the general village taxes are collected.

§ 8. Section thirty four of said act is hereby amended so as to read as follows:

§ 34. The treasurer shall receive, have the custody of and pay over to Duty of the persons entitled to the same, in the manner directed by the treasurer. trustees, all moneys belonging to the corporation; he shall keep an accurate and just account of all receipts and disbursements, and account for such moneys to the electors of said village, at their annual meeting, in writing, to be filed with the clerk, and also to the board of

Police constables

execute

civil process.

Especial duty of

trustees whenever required by them. His report shall be made by stating the account of the several funds separately.

§ 9. Section thirty-five of said act is hereby amended so as to read as follows:

§ 35. The trustees shall have power to designate, not to exceed three to be des of the police constables, all and every one of whom, so designated, upon ignated to executing and filing with the village clerk a bond approved by the trustees, as constables of towns are required to execute and file with the town clerk, shall possess the same powers and perform the same duties in all actions and proceedings, civil and criminal, arising in the bounds of said village, and shall be subject to the same liabilities as town constables in the town of Avon. It shall be the especial duty of police the police constables to see that police regulations, by-laws and orConstables. dinances of said village be properly observed, and to discover and report to the president, or any of the trustees, all violations thereof; to preserve the public peace; to attend all public assemblages in said village and preserve order; they shall have power, and it shall be their duty, without process, to arrest and take before the police justice of said village, or in case of his absence or inability to act, before any justice of the peace, residing or having an office in said village, as soon after such arrest as practicable, and confined in the meantime, for safe keeping, in the lock up of said village, any person or persons found engaged in violating, in any manner, the public peace or quiet, all vagrants, and all designated by law as disorderly persons, who may be guilty of acts rendering them such in the presence of such police constables, or any of them; they shall also have power, and it shall be the duty of said constables or any of them, to arrest without process, any and all drunken or disorderly persons, or common prostitutes, in any street or public place in said village, and take him or her before the police justice of said village, or in his absence from said village, or inability to act, before any justice of the peace residing or having an office in said village, to be dealt with according to law; and such police constables, as may be designated as herein before provided shall bave power, and it shall be their duty, to execute all process issued by the police justice or justice. of the peace, and they shall respectively keep an account of their fees in criminal cases in three classes, one of which shall comprise fees which are properly and by law county charges; the second class, such fees as are properly and by law town charges; and the third class, such Charges by fees as are properly village charges. The first class shall be paid by the county of Livingston, and be levied and assessed by the board of supervisors as other county charges; the second shall be charged upon the town of Avon, and levied and assessed as other town charges; and the third shall be paid as other village charges. The trustees may allow the police constables such fees for any services performed by them as are allowed for similar services to constables of towns; and the trustees may in addition to such fees expend each year, for the enforcement of police regulations in said village, a sum not to exceed one hundred and fifty dollars and charge the same to the "ordinary fund" or "highway fund," or both, which sum may be increased by vote at any annual or special meeting. Said police constable shall also have charge of the lock-up of said village, under and subject to the regulations of the board of trustees. The trustees, in the absence of such police constables, shall be ex-officio police constables, and shall have and may exercise the same powers as such police constables. The

whom to

be paid.