clared void, the court before which such conviction shall be had, or by which such decision shall be made, shall immediately give notice thereof, to the governor, stating the cause of such conviction or de cision. [Id., § 35.] official bond. § 40. The governor may also declare vacant, the office of every Breach of officer required by law to execute an official bond, whenever a judgment shall be obtained against such officer for a breach of the condition of such bond. [Id., § 40.] CHAP, 476. AN ACT to supply vacancies in the offices of justices of the peace in the several towns of this State. PASSED April 18, 1859; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: in office of the peace, SECTION 1. Whenever a vacancy shall occur in the office of jus- Vacancies, tice of the peace of any town in this State, the supervisor, town justice of clerk, and remaining justices of the peace, or a majority of such how filled. officers, are hereby authorized by warrant under their hands and seals to appoint a suitable person to fill said vacancy, and the person so appointed shall hold said office until the next regular annual town meeting in said town, unless the said appointment shall have been made to fill the vacancy of an officer whose term of office would have expired on the thirty-first day of December next, succeeding such appointment; in which case the term of office of the person so appointed shall expire on the thirty-first day of December next succeeding such appointment. And any person so appointed may at once qualify and enter upon the discharge of the duties of his office. Appointment to 2. Every such appointment shall be filed in the office of the town clerk, and a copy thereof in the office of the county clerk be filed. before the person so appointed shall be authorized to act. [L. 1859, ch. 476 (3 Edm., 322), as amended by L. 1875, ch. 166.] Restriction. Jurisdiction of tices. Jurisdiction. § 5. No court shall be opened, or transact any business, in any city or town, on the day such election shall be held therein, unless it be for the purpose of receiving a verdict or discharging a jury, and every adjournment of a court in such city or town, on the day next preceding the day any such election shall be held therein, shall always be to some other day than the day of such election, except such adjournment as may be made after a cause has been committed to a jury. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace, or to arrest offenders. [L. 1842, ch. 130, § 5, as amended by L. 1847, ch. 240, § 2 (1 Edm., 116); see § 6 of the Code of Civil Procedure, page 160, ante. L. 1878, ch. 354, applies the foregoing provision to all towns.] §3. Any justice of the peace of the town or towns in which such town jus- village shall be located, shall have jurisdiction in all criminal cases that may arise within the bounds of the village in the county in which they severally reside, with the same powers and subject to the *duties and liabilities as a justice of the peace in other cases. He shall also have jurisdiction in all actions brought to recover fines or penalties for the violation of any provision of this act, and of the rules, by-laws and ordinances of the village, or to recover any tax or assessment levied by the village, and his proceedings and judgments may be reviewed in the same manner as is or shall be provided by law in cases of judgments and proceedings of justices of the peace. Said justice shall receive the same fees and compensation as is provided by law for similar services. The fees and compensation of such justice shall be audited and paid and collected in the same manner as the fees of justices of the peace for similar services. All fines recovered by him in suits for the violation of the provisions of this act, or the by-laws, rules and ordinances of the corporation, shall be paid over to the treasurer of the village upon their receipt by such justice. In such last-mentioned suits, if judgment is entered, the said justice shall award costs including witnesses' fees and other legal disbursements, to the successful party, to the same amount as a justice of the peace could in civil actions or proceedings before him. *So in original. [L. 1870, ch. 291, tit. 5, § 3 (7 Edm., 694), as amended by L. 1878, ch. 59, § 6, relating to the incorporation of villages.] § 9. Section seven of title eight of said act is hereby amended so as to read as follows: summons, rant. Imprison ment for non-payment. §7. The first process in any suit brought by the village for a pen- Process by alty under this act, or a rule, by-law or ordinance adopted by the or warboard of trustees in pursuance of said act, shall be a summons or warrant. If the defendant in such action has no property, personal or real, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in the county jail of the county in which the village is situated, or in case such village shall be located in two or more counties, then in the county jail of either of said counties, for a term not exceeding ten days. [Id., § 7 of tit. 8 (7 Edm., 702), as amended by S9 of the act of 1878, ch. 59. See Co. Civ. Proc., $$ 2876, 3026, and 3033, pp. 10, 74, 76, ante, which repeal by implication so much of the foregoing section, as allows a warrant to issue, and require a summons in all cases to issue, in an action for a penalty, indorsed as prescribed in § 1897, page 295. See L. 1880, ch. 245, § 3, subd. 5.] tency of § 9. In actions brought by or against the village, it shall not be Compean objection against the person acting as justice or juror in any such inhabiaction, that he is a resident of the village, or subject to taxation justice therein. [Id., § 9 of tit. 8 (7 Edm., 703), See Co. Civ. Proc., § 1179, page 252, ante.] tants as jurors, etc. CHAP. 646. AN ACT to suppress intemperance, pauperism and crime. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person, or property, or means of support, by any intoxicated person, or in of consequence the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her name, against any person or persons who shall, by selling or giving away intoxicating liquors, have caused the intoxication, in whole or in part, of such person or per Persons may main injured tain action against seller, etc. Jurisdic tion of sons, and any person or persons owning or renting or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, shall be liable severally, or jointly with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained and for exemplary damages; and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parent, guardian or next friend, as the court shall direct; and the unlawful sale or giving away of intoxicating liquors shall work a forfeiture of all rights of the lessee or tenant under any lease or contract of rent upon the premises. § 2. In any action arising for violations of the provisions of this the peace act, any justice of the peace in the county where the offence is committed shall have jurisdiction to try and determine the same, providing the amount of damages claimed do not exceed two hundred dollars, in which case and where the damages claimed do not exceed five hundred dollars, the justice of the peace before whom the action is commenced, shall associate with himself any other two justices of the peace in the same county, who shall have jurisdiction to try and determine the same. Taking bonds, etc. 3. This act shall take effect immediately. [L. 1873, ch. 646 (9 Edm., 698).] 59. No sheriff or other officer shall take any bond, obligation or security, by color of his office, in any other case or manner than such as are provided by law; and any such bond, obligation or security, taken otherwise than as herein directed, shall be void. [2 R. S., 286, § 59 (2 Edm., 296); 18 N. Y., 117; 13 B., 365; 4 B., 52; 2 H., 218; 1 H., 22, 299; 23 W., 608; 21 W., 57, 90, 607; 19 W., 188; 19 J. R., 235; 7 J. R., 160; 23 N. Y., 321; 38 N. Y., 256; 29 N. Y., 479; 28 N. Y., 320.] СНАР. 615. AN ACT to amend chapter two hundred and thirty-five of the laws of eighteen hundred and eighty, entitled "An act in relation to the payment of costs on arrest, trial and punishment for crimes and misdemeanors in villages, and in relation to the civil jurisdiction of police justices therein." PASSED July 6, 1881; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one of chapter two hundred and thirty-five of the laws of eighteen hundred and eighty, entitled "An act in rela tion to the payment of costs on arrest, trial and punishment for crimes and misdemeanors in villages, and in relation to the civil jurisdiction of police justices therein ", is hereby amended so as to read as follows: arrest, "SECTION 1. In all cases where parts of two or more counties are Costs of included within the limits of any incorporated village within this etc. State, the legal expenses for arrest, trial and punishment for crimes and misdemeanors where on conviction the fine, penalty or forfeit ure goes to such village, shall be borne and paid by such village; in all other cases the legal costs of arrest, trial and punishment, or either, within the jurisdiction of, and entertained by a police court of such village, shall be borne and paid by the town or county in which such offence was actually committed."(*) ment. § 2. In all cases of imprisonment of persons charged with the Imprisoncommission of any offence, or under sentence on conviction of any offence within the jurisdiction of any police court of such village, such imprisonment shall be in the county where such offence was actually committed, or in the penitentiary nearest such village unless the county in which such offence was committed has a contract with some penal institution for the keeping of convicts, in which case the imprisonment if not in such county shall be in the penal institution with which there is such contract. diction of tices in § 3. The civil jurisdiction of all police justices within any incor- civil jurisporated village of this State shall be limited to cases in which said police jusvillage is a party in interest, but nothing in this section shall be con- villages. strued to affect police justices in villages incorporated by special acts. [Thus amended by L. 1881, ch. 690.] § 4. All acts or parts of acts, whether general or local, inconsistent with the provisions of this act are hereby repealed. § 5. This act shall take effect immediately. [Section 3 of the above act would seem to give to a police justice of a village jurisdiction in all cases, in which the village was a party, although the action might be for other than a fine or penalty; but how they shall proceed in such actions, the legislature seems to have left entirely to the ingenuity of the justice. The only law regulating their election, powers, etc., is the act of L. 1875, ch. 514, as amended by L. 1876, ch. 308, which is as follows: "§ 1. Upon the application in writing of not less than twenty-five electors, inhabitants of any incorporated village in this State, in which no provision now exists for the election of a police justice, the (a) L. 1881, ch. 690, § 1, amends § 3 of this act, as shown in the text; but § 2 of the same statute repeals L. 1880, ch. 235. The latter statute had previously been amended by L. 1881, ch. 408, which of course falls with the repcal, and it would seem that this section (i. e., $1 of L. 1881, ch. 615) falls also. |