board of trustees of such village may determine by resolution to be entered in their minutes of proceedings, that a police justice shall be elected for such village; and if they shall so determine, the electors of the village may at their then next annual election, or at a special election to be called for the purpose and to be conducted in the same manner as the annual election, choose a police justice who shall be a resident elector of the village, and shall enter upon the discharge of his duties as soon as he shall be duly notified of his election and shall take and file in the office of the village clerk the constitutional oath of office, and a bond with sureties in such sum as the board of trustees shall prescribe and to be approved by such board, conditioned for the faithful performance of his official duties. Such police justice shall hold his office until the thirty-first day of December in the third year succeeding his election. Thereafter the term of such office shall be three years, commencing with the first day of January, and at the annual charter election next preceding the expiration of a regular term, a police justice shall be elected on the same ticket with other elective village officers. Whenever a vacancy shall occur in the office of such police justice, it shall be filled by appointment to be made by the board of trustees; and the person thus appointed shall hold his office till his successor, who shall be chosen at the next annual election, for the unexpired portion of the term, shall have taken and filed the constitutional oath of office and bond as herein before provided. 66 "§ 2. Such police justice shall have, within the village in which he shall have been elected or appointed, and in cases where the alleged crime or misdemeanor has been committed within such village, exclusive jurisdiction, except as hereinafter provided, to issue all warrants, 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 sessions; and shall have the same power and jurisdiction in such criminal cases, which justices of the peace now have by law, or which may hereafter be conferred upon justices of the peace, by law, and shall have exclusive jurisdiction in all cases of violations of ordinances of the village of which he is police justice. He shall also have authority to administer oaths in verification of accounts and claims against the village, but shall have no other civil jurisdiction. (*) He shall receive for his services an annual salary to be fixed by the board of trustees, which shall not be increased or decreased during his term of office, but shall not retain to his own use any costs or fees. Said justice shall be subject to the same liabilities, and his judgments and proceedings may be reviewed in the same manner and to the same extent as now by law provided in case of justices of the peace. It shall be the duty of the several justices of the peace of the town in which such village is wholly or partially situated, during the sickness, absence from the village, or inability to act, of the said police justice, or during a vacancy in said office, to render the same services and perform the same duties, and they shall be entitled to receive the same fees therefor as though no police justice had been elected or appointed in such village. But it shall not be lawful for said justices of the peace, to make any charge against such village, 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 such village, except as herein before stated, during the sickness, absence from the village or 386 inability to act of the said police justice, or during a vacancy in said office. § 3. It shall be the duty of the said police justice to provide a suitable book, and therein to enter and keep a record of the several complaints made before him, in which a warrant or other process for the arrest of any person accused shall be granted, and of all cases in which the offender or person accused shall be brought before him without process; which record shall contain, under the proper date, a brief statement of the names of the parties, the nature of the offence charged, the action of the said police justice thereon; and an accurate account of all fines, penalties and costs imposed and collected by him or which may be ordered to be paid by any offender. And annually, at least two weeks before the time appointed for holding the charter election of said village, and oftener when required by resolution of the board of trustees, he shall make a report in writing to the clerk of the village of all fines, penalties and costs imposed and collected by him; and the same day on which he shall make such report he shall pay over to the treasurer of such village all fines, penalties and costs in his hands belonging to said village. The provisions of this act shall not apply to any village in the county of Madison. § 4. This act shall take effect immediately"] Service of mandates. process served on Sundays. Service void, etc. § 69. No writ, process, warrant, order, judgment, decree, or other Certain proceeding of any court or officer of justice, shall be served or exe- not to be cuted upon the first day of the week, called Sunday, except in cases of breach of the peace, or apprehended breach of the peace, or for the apprehension of persons charged with crimes and misdemeanors, or the violation of any of the provisions of this and the preceding article, and except where such service shall be specially authorized by law. The service of any such process or proceeding, in all other cases, shall be utterly void, and shall subject the party offending to damages, at the suit of any person aggrieved. [1 R. S., 675, § 69 (1 Edm., 628); 4 N. Y., 296; 12 W., 59; 8 Cow., 30; 1 Cow., 75; 15 J. R., 177; 12 J. R., 179; 3 J. R., 257; 20 How. Pr., 81; 8 B., 384; 39 N. Y., 129.] 387 Exemp tions from military and jury duties. Process not to be served. Id. Repeal. Civil pro cess. Privileges. CHAP. 349. AN ACT in relation to proceedings against persons observ. ing as the Sabbath the day commonly called Saturday. PASSED November 10, 1847. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. No person whose religious faith and practice is to keep the seventh day of the week, commonly called Saturday, as a day set apart by divine command as the Sabbath of rest from labor, and dedicated to the worship of God, shall be subject to perform military duty or jury duty in a justice's court, on such day, except that such persons shall be subject to perform military duty on such day in case of invasion, insurrection, or in time of war. § 2. Any person who shall knowingly and maliciously cause or procure any process issued from a justice's court, in a civil suit, to be served on said day upon any such person, or who shall serve any such process which shall be made returnable on said day, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine not exceeding one hundred dollars, or imprisonment not exceeding thirty days, or both. § 3. Any person who shall in like manner procure any such suit, pending in such court against any person of such religious faith and practice, to be adjourned, to be tried on said day, shall be deemed guilty of a misdemeanor, and subject to like punishment. § 4. The act entitled, "An act in relation to Seventh Day Baptists," passed May 7, 1839, is hereby repealed. [4 Edm., 45.] § 10. Whenever a town-meeting shall be held in any town, no civil process shall be served in such town on any elector entitled to vote therein, on any day during which such town-meeting shall be held. [1 R. S., 342, § 10 (1 Edm., 315).] 4. Whenever an election shall be held in any city or town, pursuant to this chapter, no declaration by which a suit shall be com menced, or any civil process, or proceeding in the nature of civil process, shall be served on any elector entitled to vote in such city or town, on the day on which such election shall be held. [L. 1842, ch. 130, § 4 (1 Edm., 116). The following statute, L. 1878, ch. 354, applies the foregoing provision to all towns.] CHAP. 354. AN ACT to amend chapter one hundred and thirty, laws of eighteen hundred and forty-two, entitled "An act respecting elections other than for militia and town offi. cers", and the several acts amendatory thereof. PASSED May 24, 1878; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Title one of chapter one hundred and thirty of the laws of eighteen hundred and forty-two, entitled "An act respecting elections other than for militia and town officers", and the several acts amendatory thereof, is hereby amended by adding thereto the following as an additional section: to apply to 6. This title shall apply to all town meetings held in the several Title one towns of this State, as well as to the elections named and provided town for in this act. meetings. may be sheriff's office.. § 56. Every notice or other paper which shall be required to be Papers served on any sheriff, may be served by leaving the same at the served at office designated by him in such notice, during the hours for which it is herein required to be kept open; but if there be any person belonging to such office therein, such notice or paper shall be delivered to such person; and every such service shall be deemed equivalent to a personal service on such sheriff. county $57. If no notice shall be filed by any sheriff with the county when on clerk as herein required, the service of all papers on such sheriff clerk. may be made by leaving them at the office of the county clerk, with such clerk or his deputy; and the same shall be deemed equiv. alent to a personal service on such sheriff. Process, by whom to be served in N. Y. city. CHAP. 102 AN ACT to amend chapter four hundred and eighty-four of the laws of eighteen hundred and sixty-two, entitled "An act in relation to the courts in the city and county of New-York," passed April twenty-fourth, eighteen hundred and sixty-two, as amended by chapter five hundred and sixty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to amend sections eleven, fourteen and fifteen of chapter four hundred and eighty. four of the laws of eighteen hundred and sixty-two, and to confer additional powers on the marshals of the city of New-York." PASSED March 22, 1879. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section fourteen of chapter four hundred and eightyfour of the laws of eighteen hundred and sixty-two, entitled "An act in relation to the courts in the city and county of New-York," passed April twenty-fourth, eighteen hundred and sixty-two, as amended by chapter five hundred and sixty-nine of the laws of eighteen hundred and sixty-four, entitled "An act to amend sections eleven, fourteen and fifteen of chapter four hundred and eighty-four of the laws of eighteen hundred and sixty-two, and to confer additional powers on the marshals of the city of New-York,” is hereby amended so as to read as follows: 14. Every summons, warrant, attachment or other process issued by or out of any of said district courts, or by any justice thereof, and every summons issued by the clerk of said district court and every summons issued by any justice thereof in any proceeding, whether summary proceedings to dispossess tenants or otherwise, shall be served and executed by the marshal of said city, except that the justice of the court wherein the action is commenced, may |