Penalties. Actions how brought. and to make regulations concerning said stands; to regulate the setting out of shade and ornamental trees, in the streets within said village, for the purpose of securing uniformity, and to make regulations for the protection of the same. 9. To compel all, or any owner or owners, agent or agents, of any railroad within said village, to erect and maintain at his or their expense, at all or any intersection or crossing of any such railroad with any street or avenue in said village, suitable lamps, and to keep lights burning therein during the night time, for the safety and protection of persons and teams passing along any such streets or avenues, or upon the side-walks in said village; and to prevent any such locomotives, engines or cars, from encumbering the streets in said village. 10. The president of said village, or in his absence, the presiding officer of the board of trustees, may administer any oath, or take any affidavit or acknowledgment of any instrument in relation to said village, or in respect to any matter pending before the board of trustees therein. 11. The trustees shall have power, and it shall be lawful for them to assess and raise by tax upon the taxable property of such village, such sum as they shall deem necessary for contingent expenses of said village, not to exceed the sum of six hundred dollars in any one year, in the same manner and with the like effect, as if the same had been directed to be raised by a vote of the electors of said village; which sum, together with all moneys received for granting licenses therein, and for fines or penalties. collected or recovered, shall be called the contingent fund. §2. Where, by the provisions of the act hereby amended, or of this act, the trustees of said village have power to pass ordinances on any subject, they may prescribe any penalty, not exceeding twenty-five dollars for each violation thereof; and may by such ordinance, subject the parent or guardian of any minor, or the master or mistress of any apprentice or servant to any such penalty, for any such offence, committed by such minor, apprentice or servant. §3. All actions brought to recover any penalty for the violation of any ordinance passed by virtue of this act, or the act hereby amended, shall be brought in the corporate name of the village, and the first process which is issued in said action, shall be a summons or warrant; and judg ment may be rendered in any such action for the amount of the penalty sought to be recovered, with costs of prosecution; and if the defendant in any such action has no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require him to be imprisoned in the county jail of Niagara county, for a term not exceeding thirty days or until such judgment be paid, and such imprisonment not to exceed one day for each dollar of said judgment; and no person shall be an incompetent judge, justice, juror or witness, in any action in which the said village is a party, or is interested, by reason of his being an inhabitant, or owner of personal or real estate therein; all penalties and forfeitures, and all moneys received for licenses, shall be paid to the village treasurer, and shall be appropriated by the trustees as they may deem necessary, for the benefit of said village. constables. §4. The police constables mentioned in this act, shall Bonds of have the same powers and be entitled to the same fees, as constables of towns, and be required to give bonds and qualify in the same manner, as constables of towns are now required to do, excepting that their bonds shall be approved by the president and filed with the clerk of said village. proceed § 5. The village clerk shall make and sign an entry or Records of record, in the books provided for that purpose, of every ings, ordinance enacted by said trustees, and of the time and manner of its first publication, and such entry or record or copy thereof, authenticated by the certificate of the clerk of said village, under the village seal, shall be presumptive evidence in all courts and places, of the due passage of such ordinance, of its having been duly published and of the time of its first publication. § 6. All licenses granted by said trustees, unless sooner Licenses. revoked, shall expire on the first Tuesday of April next, after they are granted. officers. §7. The trustees shall have power to require of any offi- Bonds of cers appointed by them, a bond for the faithful performance of their duties, in such amounts and with such sureties as they the said trustees shall approve. §8. The trustees shall have power to appoint a corpora- Attorney. tion attorney, and to prescribe his duties, and allow him such compensation as they may deem proper. §9. The said village is declared to be, and is made a Road disseparate road district, and the trustees of said village, and trict. General superintendent, Grading streets. their successors in office, shall be the exclusive commissioners of highways therein, and they alone shall possess and exercise all the powers of commissioners of highways of towns, in repairing, altering, discontinuing and laying out streets and highways, and making assessments of moneys and labor therefor, within the limits of said village, and in laying out such labor and money, raised for highways, streets and bridges therein. The trustees of said village, shall proceed in the same manner and with the same powers, and under the same restrictions as commissioners of highways of towns, in repairing, altering, discontinuing and laying out streets and highways in said village, and in assessing damages therefor. $10. The offices of street commissioner and village collector, as provided for by the act hereby amended, are hereby abolished. §11. The trustees of said village shall annually on the second Tuesday of April, appoint a general superintendent of said village, whose term of office shall expire on the second Tuesday of April in each year succeeding, or when his successor be appointed and has qualified unless sooner removed by the board of trustees of said village for cause shown, who shall have the powers, perform the duties, and be liable to the same restrictions of street commissioners and collectors, as prescribed by the act hereby amended; in addition to the duties of said offices, it shall be the duty of said superintendent to collect the water rents, and take general charge of the public property of said village, under the direction of the trustees; and for all the duties he shall perform, the trustees shall by by-law fix his compensation and pay the same, and shall have power to fill a vacancy at any time. The compensation of all officers of said village appointed by the board of trustees therein, shall be assessed and raised upon the taxable property of such village, in the same manner as if the same had been directed to be raised by a vote of the electors of said village. §12. The trustees may cause any street or highway in said village, to be graded, leveled, paved, repaired, McAdamized or graveled, and cross and sidewalks, sewers, culverts, and aqueducts, to be constructed, relaid or repaired upon application in writing of two-thirds of the property owners on said street residing in said village and the expenses of all improvements made under this section, to be assessed upon the real estate in said village, benefited by such improvement, in proportion to the benefits resulting thereto; they shall determine the amount to be assessed for any such improvement, and direct the village assessors to assess the amount so fixed; but no ordinance for any such purpose shall be passed, excepting at a special meeting of said trustees, called for that purpose, pursuant to a notice, specifying particularly the object of such ordinance, which shall have been published in a newspaper published in said village, or shall have been posted in ten of the most public places in said village, in case no newspaper is published therein, at least six weeks prior to the time fixed for such meeting, at which time all persons interested shall have an opportunity to present their objections; and nothing herein contained shall take away the right to levy poll and general taxes, as now provided for by the act hereby amended. by non § 13. Whenever complaint in writing on oath shall be Complaints made to any justice of the peace residing in said village, residents. by a non-resident of the county of Niagara, setting forth the fact that such complainant is a non-resident of said county, and that an offence has been committed, by any person in the town of Niagara, (such offence being a misdemeanor,) such justice shall thereupon issue his warrant for the arrest of such offender, who shall be brought before the justice issuing the warrant, or in his absence, before any other justice of the peace in said village, who shall proceed to the trial of such complaint, as a court of special sessions, in the manner prescribed in the third title, of the second chapter, fourth part of the revised statutes, as amended by subsequent laws, except that such court shall have and exercise such jurisdiction and power, without requiring the party charged to give bail for his appearance at the next criminal court, or next court having jurisdiction, and the giving such bail, shall not deprive such court of special sessions of jurisdiction to try and determine the charge set forth in such complaint, provided such offence is now triable by a court of special sessions. Disorderly §14. In addition to those persons described in section and riotous one, title five, chapter twenty of the revised statutes, all riotous persons or persons found quarreling or fighting in any alley, street or lane, or in any public place, or in view from any public place, street, lane or alley, in said village; any person who shall make an indecent exposure of his person in public view; all persons who shall make a noise persons Arrests. Trial and disturbance of the public peace; all and every person who has obtained a license from the trustees of said village, as a hackman, guide, or for any other purpose, or any one who may have had their license revoked, who shall take, seize, carry away, or in any way attempt to control any baggage, box, parcel, package, or any goods and chattels, of any kind whatever, without the consent of the owner thereof, or by due process of law, within said village, or on territory lying between the village of Niagara Falls and the village of Niagara city, shall be deemed disorderly persons, and may be proceeded against and punished, according to the provisions of this act. §15. The president of said village, the trustees and each of them, the police constables or assistant police constables, or any constable of the town of Niagara, shall have power, and are hereby authorised, at any and at all times, to arrest or cause to be arrested, with or without process, when such offence is committed in their presence, any disorderly person or persons, mentioned in the preceding section, and they shall have power with process, to enter any building or place within the limits of said village, or on territory between the village of Niagara Falls and the village of Niagara city, and arrest any such disorderly person or persons, and shall take them forthwith before any justice of the peace, residing in said village, or as required by sub-division seven of section one of this act, to be dealt with according to the provisions of this act; such officers shall have power to call assistance whenever he or they shall deem it necessary. §16. When any person charged or complained against as a disorderly person, under the provisions of this act, shall be arrested and brought before any justice of the peace in said village, the said justice shall proceed as soon as practicable to hear, try and determine the complaint or charge on which such person is so arrested, or he may in his discretion adjourn the trial or hearing, for good cause shown, not exceeding two days thereafter; and in the mean time shall commit the accused into the custody of a constable or to the village watch-house, until such day or time of trial, and upon conviction of any such offender, the said justice shall have the power and is hereby authorised to punish such offender, by fine not exceeding fifty dollars, or by imprisonment in the jail of Niagara county, at hard labor or not, as such justice shall deem expedient, |