ing or swimming in the canals, harbors, basins, mill-races and other waters, in said village.

3. To appoint one or more police constables, not to exceed four in number; to prescribe their duties, punish their delinquencies, fix and provide for their compensation, and to remove them at pleasure.

4. To license and regulate carmen, truckmen, porters and drivers of cabs, carriages, omnibuses, stage coaches of every description, and baggage and other wagons used for hire, and to limit their charges and compensation, for services to be rendered, within five miles of the outskirts of said village in any direction; to license, regulate and restrain all runners or solicitors for boats, stages, railroads, public houses, or public places of resort; to license, regulate and restrain, all guides, and to limit their compensation for any services to be rendered within five miles from the outskirts of said village in any direction.

5. In all cases where license of any kind is granted by them, to fix the fee for granting the same, which in no case shall exceed the sum of twenty-five dollars, and to make the payment of said sum a condition precedent to granting such license, and to revoke any license at pleasure for cause shown.

6. To prevent the running at large of dogs; to authorise the destruction of dogs when at large, contrary to the ordinance; to regulate the ringing of bells, except car bells as now provided by law, blowing of horns, bugles, or other wind instruments, and the crying of goods, or other things, or the making of any disturbing noises; to establish, make, maintain and regulate public pumps, wells, cisterns and reservoirs, and to prevent the unnecessary waste of water; to prevent and abate nuisances of all kinds, and to punish the authors and maintainers thereof; to direct or restrain the location and construction of all butchers' shops and stalls, slaughter-houses, founderies, cooper-shops, tanneries, breweries, soap or candle factories, distilleries, and houses for storing powder, and regulate and prescribe their management and use.

7. To rent and fit up a suitable building, or to rent a suitable room, or lease or purchase sufficient land, and to erect thereon a suitable building for a watchhouse, or place of confinement of all persons charged with any offence against the laws of this state, or the by-laws or ordinances of said village, while await

Penalties,

Actions how

brought.

ing trial or examination; and any constable of the town of Niagara, or any police constable of said village, may arrest with or without process, drunken or disorderly persons, or vagrants, and guilty in the presence of such officer, or police constable, of violating the public peace or any village by-law or ordinance, for preserving the public order or decorum; and if it be in the night time, to confine the person or persons so arrested in said watch-house, until nine o'clock on the following morning, when such person or persons shall be brought before a justice of the peace, for trial or examination; and any justice of the peace in said village, may order persons charged with offences as aforesaid, to be confined in said watch-house, from time to time, as may be necessary while awaiting trial or examination, or until the final termination of the case before such justice; and said trustees shall make all necessary rules and regulations for the control and government of the said watch-house, shall appoint a keeper of the same and regulate his compensation, and remove him at pleasure, and have generally all the necessary powers to render the same efficient for the purposes intended, by the establishment of said watch-house.

8. To designate and appropriate such parts of such streets as they may deem necessary, for stands for carriages, with the consent of the owners of adjacent property, 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.

§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 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, not exceeding 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.

stables.

§4. The police constables mentioned in this act, shall Police conhave the same powers and be entitled to the same fees, and be required to give bonds and qualify in the same manner as constables of towns are now required to do, except that their bonds shall be approved by the president, and filed with the clerk of said village.

ordinances.

§ 5. The village clerk shall make and sign an entry or Record of record, in the books provided for that purpose, of every 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 president of the board of trustees 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.

bonds.

§7. The trustees shall have power to require of any of- Official ficers 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.

trict

§9. The said village is declared to be, and is made a Road disseparate road district, and the trustees of said village, and their successors in offiee, 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,

General Superintendent.

Grading of

streets.

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, who shall have the powers, perform the duties, and be liable to the same restrictions of street commissioners and collec-· tors, 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-laws fix his compensation and pay the same, and shall have power to fill a vacancy at any time.

§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 and aqueducts, to be constructed, relaid or repaired, upon application in writing of two-thirds of the property holders directly interested therein; 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 how tried. 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,) and triable before a court of special sessions, 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, and being such offence as is now triable by a court of special sessions.

and riotous persons.

§ 14. In addition to those persons described in section Disorderly 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 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 per