§ 130. Police justice; jurisdiction, et cetera.. The police justice shall reside in and keep office in the village. He shall have exclusive jurisdiction, except as hereinafter provided, to issue all warrants in cases where the alleged crime or misdemeanor has been committed within the village of Lyons, and of all cases within the town of Lyons, of persons charged with being tramps, vagrants or disorderly persons, and all cases within the village of Lyons where summary conviction may be had, and in bastardy proceedings, and to hear and determine all complaints, and to conduct all examinations and trials in criminal cases that may now by law be had by a justice of the peace or before a court of special seessions;* and shall have the same power and jurisdiction in such criminal cases arising in said village which justices of the peace now have by law, or which may hereafter be conferred upon justices of the peace by law. He shall have the same powers in all cases as justices of the peace to administer oaths and take affidavits. He shall also have exclusive civil and criminal jurisdiction of all violations of the charter, by-laws and ordinances of said village, of the grade or class which, as to amount, punishment or penalty, would otherwise be within the jurisdiction either of courts of special sessions or justices of the peace of towns. The course of procedure and practice before the police justice, and in his court, shall be the same as prescribed by the laws of this state in like cases before justices of the peace, or courts of special sessions of towns, according to the nature of the proceedings, except as hereinafter provided. For the enforcement of any fine imposed upon or penalty recovered against any person for any violation of the charter, ordinances or by-laws of said village, the police justice may, unless the same with all costs is paid, commit such person to imprisonment, as in cases of fines for like amounts imposed under the penal or criminal laws of this state by the justices of the peace or courts of special sessions in towns, or, in his discretion, he may, unless the same with all costs is paid, commit such person for a number of days certain, not exceeding the number of the dollars of the fine, to the jail of Wayne county, or to the lock-up or place of confinement that shall be erected or provided by authority of said village, but such imprisonment shall not in any case exceed thirty days. In all cases of imprisonment in pursuance of the sentence, judgment or direction of said police justice, and in all cases of detention or temporary commitment directed by him, in addition to the other places of confinement provided by the general laws, said lock-up or place of confinement provided by said village may be used as a place of imprisonment. He shall keep a docket provided by the board of trustees, which shall remain the property of the village, in which he shall keep a record of all proceedings before him, commenced either with or without process, the date thereof, the nature of the offense charged, and what action was had thereon, and what disposition was made thereof, and all judgments, sentences and fines rendered or im* So in original. [Word misspelled.] 1 Words 66 and shall not, during his term of office, hold any town, county or other village office," omitted. posed by him, and whether collected, and if so, how and when, and all moneys and costs collected or paid, and when, together with a brief statement how and to what extent every judgment, sentence and imprisonment was carried out or complied with. Said docket shall be subject to inspection at all times by the trustees, or any of them, and by any inhabitant of said village and by any person interested in any matter mentioned therein. The police justice shall collect and receive all fees, fines and allowances that are by law collectible by justices of the peace or courts of special sessions in towns, or that may be imposed or received by him, to enforce the charter or any of the by-laws or ordinances of said village or in any prosecution for a violation of section one hundred and thirty-three of this act. And at the first meeting of the board of trustees in every month he shall return thereto, in such form as the board of trustees may prescribe, a sworn tabular statement of all such fees, fines, allowances and moneys collected or received by him, directly or indirectly, during the last month preceding, and with it the receipt of the treasurer of the village, showing the payment of all such fines, allowances, fees and moneys into the village treasury for the benefit of the village; and any omission to render such statement or to pay over any moneys collected or received by him, or any part thereof, before such first meeting of the board in each month, or any false statement, or any intentional omission from such statement of any of said matters or portions of the moneys received by him, shall be sufficient cause for his removal from office by the board of trustees. The board of trustees may also appoint some justice of the peace of the town of Lyons who 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 the village, 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 in respect 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 such 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 hereinbefore provided, for the period during which he shall discharge the duties of police justice. Said justice, thus designated, shall continue to discharge such duties in the cases herein provided, 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 the village or unable to perform the duties of this office, the board of trustees may designate any other justice of the peace of the town of Lyons to perform the duties of said office during said temporary absence or disability, and he shall receive payment therefor in the same manner and subject to the same regulations, including payment for his services, as here inbefore provided for the justice of the peace first hereinbefore mentioned; and such justice, thus designated to act in case of the absence and inability of both the police justice and the justice of the peace hereinbefore first designated, shall have all the powers of and be subject to all the rules and regulations concerning said police justice for the time he shall act. But no justice of the peace of the town of Lyons 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; nor shall it be lawful for any justice of the peace of the town of Lyons to make any charge against said village of Lyons, or the town or county in which the same is situate, for services rendered in or respecting criminal cases, trials or examinations in such village, or where the subject-matter thereof arose in said village, except as provided by this act, as herein before stated, during the sickness, absence from the village or inability to act of the said police justice, or during a vacancy in said office. 2. This act shall take effect immediately. CHAPTER 264 AN ACT to empower the board of estimate and apportionment of the city of New York to accept the surrender and cancellation of the electric light franchise granted to the Flatbush Gas Company, December twenty-eigth, nineteen hundred and nine, and to release the interest of the city of New York in the structures erected under the terms thereof. Became a law April 1, 1925, with the approval of the Governor. Passed by a two-thirds vote on emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The board of estimate and apportionment of the city of New York shall have power to, and may in its discretion, by contract executed by it or under its authority, accept the surrender and cancellation of the electric light franchise granted to the Flatbush Gas Company by contract dated December twenty-eighth, nineteen hundred and nine, for the maintenance and operation of conduits, conductors and appurtenances in Ocean parkway and other streets in the borough of Brooklyn, and release to said Flatbush Gas Company, its successors or assigns, the right or interest of the city of New York in and to the structures erected in the public streets and places under the terms thereof, upon such terms and for such consideration as to said board may seem just and equitable. § 2. This act shall take effect immediately. CHAPTER 265 AN ACT to authorize the commissioners of the home of the city and town of Newburgh to sell a house and lot now used as a children's home. Became a law April 1, 1925, with the approval of the Governor. three-fifths being present. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The commissioners of the home of the city and town Sale of Newburgh, Orange county, New York, a corporation created by authorized. chapter forty-four of the laws of eighteen hundred and fifty-three, entitled "An act for the better support of the poor of the town of Newburgh, in the county of Orange," the name of which corporation was changed by chapter four hundred and sixty-seven of the laws of nineteen hundred and five to "commissioners of the home of the city and town of Newburgh," are hereby authorized to sell at public auction on the premises, in the city of Newburgh, New York, certain lands and premises now used by said commissioners as a home for poor and indigent children, and which lands and premises were purchased by virtue of authority granted to said commissioners by chapter one hundred and fourteen of the laws of eighteen hundred and eighty-five. § 2. The said sale shall be advertised once a week for three To be weeks in a newspaper published in the city of Newburgh, New advertised. York, and the sale shall be made to the highest bidder. Sale to highest Execution deeds. § 3. After making such sale, the president and secretary of bidder. said corporation are hereby authorized and empowered to execute, Exe acknowledge and affix the corporate seal to the necessary deed delivery of or deeds to vest in the purchaser or purchasers of said premises good and sufficient title thereto and deliver said deeds to the purchaser or purchasers of said premises upon such purchaser or purchasers complying with the terms of sale thereof. tion proceeds. § 4. The proceeds of sale of said premises shall be kept separate Applicaand apart from the original funds of said corporation, and shall of be invested by it in legal investments, and the income therefrom only shall be used for the proper support, care and maintenance of poor and indigent children, which support, care and maintenance is properly chargeable against the city and town of Newburgh. § 5. This act shall take effect immediately. L. 1910, ch. 559, § 122 amended. Board CHAPTER 266 AN ACT to amend chapter five hundred and fifty-nine of the laws of nineteen hundred and ten, entitled "An act to provide a charter for the city of New Rochelle," in relation to limitation of indebtedness. Became a law April 1, 1925, with the approval of the Governor. Passed by a two-thirds vote on emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section one hundred and twenty-two of chapter five hundred and fifty-nine of the laws of nineteen hundred and ten, entitled "An act to provide a charter for the city of New Rochelle," as amended by chapter seventy-three of the laws of nineteen hundred and seventeen, is hereby amended to read as follows: This § 122. Limitation of indebtedness. No debt shall be contracted by the city if the amount thereof together with the then outstanding debts of the city would exceed a sum equal to eight per centum2 of the aggregate valuation of the real property within its bounds as assessed upon the last general assessment-roll. section shall not be construed to prevent the issuing of tax certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year in which such tax certificates or revenue bonds are issued and payable out of such taxes, nor shall this section be construed to prevent the issuing of bonds to provide for the supply of water, which may be issued subject to the limitations imposed by the provisions of the general municipal law. § 2. This act shall take effect immediately. CHAPTER 267 AN ACT to establish the Niagara frontier planning board and to authorize local appropriations therefor. Became a law April 1. 1925, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. There is hereby established "The Niagara Frontier established. Planning Board" to consist of thirteen members. The mayors of stituted. the cities of Buffalo, Lackawanna, Lockport, Niagara Falls, North How con Tonawanda and Tonawanda, three members of the board of supervisors of Niagara county and three members of the board of supervisors of Erie county shall be ex-officio members of such board. The three representatives from each board of supervisors shall be appointed annually by the chairman of the respective board |
