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Chap. 19.

AN ACT providing for the payment of the balance due newspapers, for publication of the session laws of the state for the year eighteen hundred and ninety-three and the balance due for the publication of concurrent resolutions of the legislature of eighteen hundred and ninety-three, proposing amendments to the constitution of this state.

BECAME a law February 9, 1894, 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:

tion for

due news

Section 1. The sum of forty-seven thousand and eighty-nine dol-Approprialars and sixty cents is hereby appropriated for the payment of the balances balance due newspapers in the various counties in this state for papers. the publication of the session laws of the state for the year eighteen hundred and ninety-three, pursuant to chapter seven hundred and fifteen of the laws of eighteen hundred and ninety-two, and the further sum of eleven thousand one hundred and fifty-four dollars and eighty-five cents is hereby appropriated for the payment of the balance due for the publication of the concurrent resolutions of the legislature of eighteen hundred and ninety-three, proposing amendments to the constitution of the state of New York, pursuant to section one of article thirteen of the state constitution, and section seven of chapter six hundred and eighty of the laws of eighteen hundred and ninety-two.

§ 2. This act shall take effect immediately.

Chap. 20.

AN ACT to provide for the better administration of justice in the town of Mohawk, in the county of Montgomery, and state of New York.

BECAME a law February 10, 1894, 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:

tice, elec

Section 1. There shall be elected in the town of Mohawk, in the Police juscounty of Montgomery, and state of New York, at the annual town tion of. election, for town officers, in the year one thousand eight hun

Qualification, etc.

Official bond.

Salary and expenses.

Office and office hours.

Jurisdic

tion and powers.

dred and ninety-five, and at the annual town election, for town officers, in every third year thereafter, a police justice, who shall immediately enter upon the discharge of the duties of his office.

§ 2. Such police justice so elected shall be a resident elector of the town of Mohawk, and shall before he enters upon the discharge of the duties of his office, take and subscribe the constitutional oath of office, and file the same in the office of the town clerk of said town. And he shall also execute a bond to the people of the state of New York in the penal sum of three thousand dollars, executed by himself and two sureties, such sureties shall severally justify in the sum above named, and which sureties and bond shall be approved by the supervisor of said town, conditioned for the faithful performance of the duties of his office and the payment of all moneys that he shall receive by virtue of his office, as hereinafter designated, said bond to be filed with the town clerk of said town, and shall immediately thereafter enter upon the discharge of the duties of his office.

§ 3. The salary of said police justice shall be at the rate of five hundred dollars per year, and which shall not be increased or diminished during his term of office. And said police justice shall be allowed and paid the further sum of one hundred and fifty dol lars per year for office rent, fuel and lights. And said annual salary of said police justice and said sum allowed him annually for office rent, fuel and lights shall be annually audited, allowed and paid as other bills and accounts against said town of Mohawk are now audited, allowed and paid.

§ 4. Such police justice shall keep an office in some central and convenient place in the village of Fonda, in said town of Mohawk, which office shall be open for the transaction of business at all reasonable hours and to hear all matters, issue all processes and institute such proceedings as the proper administration of justice requires.

§ 5. Such police justice shall have the same jurisdiction, within said town, as that now possessed by the justices of the peace of said town, or which may hereafter be conferred by law upon such justices of the peace in all criminal cases and proceedings; and he shall have the power and it shall be his duty to hear, try and determine all criminal cases and all criminal matters, the same as courts of special sessions would have power to do, and to render such judgment therein as any of said courts could do, and

as such police justice shall deem proper, and to issue all warrants
and criminal process for the apprehension of all criminals and
those suspected or charged with crime, and in proper cases to
admit prisoners to bail or to commit them to await the action of
the grand jury. And all his judgments and proceedings
may be
reviewed in the same manner as is now or
may be provided by law, in cases of judgment and proceedings
of justices of the peace in all criminal cases and proceedings. He
shall also have jurisdiction of, and try all suits and proceedings
brought to recover a penalty or forfeiture, for the violation of any
ordinance, by-law, rule or regulation of said town of Mohawk, ɔr
of the village of Fonda, in said town. And said police justice
shall have power to issue all summonses, venires, subpoenas or any
other writs necessary and proper for the full execution of the
power hereby conferred on him. And said police justice shall
have jurisdiction to hear, try and determine all the charges and
matters above enumerated, in and for said town of Mohawk, except
as is otherwise provided by this act.

police justice, design

ation of,

etc.

§ 6. In case of sickness, absence from said village and town, Acting, disability or inability of the police justice to act, his powers and duties are hereby conferred and imposed upon either of the justices of the peace of said town of Mohawk, who may be designated by the supervisor of said town; and it shall be the duty of the supervisor of said town each year, to designate one of the justices of the peace of said town, who shall act in such cases instead of the police justice, and he shall be designated and known as "acting police justice." He shall take and subscribe the constitutional oath of office, and execute a bond as required by section two of this act, and file the same with the town clerk of said town, before entertaining jurisdiction of any action or proceeding by virtue of this act. And in case of a vacancy in said Vacancy office of police justice, caused by the death, resignation or justice. removal for legal cause of the police justice, the "acting police justice" shall perform the duties of said office until the next annual town election for town officers, when such vacancy shall be filled by election; and any person so elected shall, upon properly qualifying as required by section two of this act, immediately enter upon the discharge of his duties as such police justice. Any justice of the peace so designated or appointed as "acting Compensa police justice," and while serving as such, shall receive the same

in office of

tion of acting justice.

Civil jurisdiction.

fines, etc.,

under

charter.

ratable compensation as is hereby provided to be paid said police justice, and the sum so paid shall be deducted from the salary of said police justice.

§ 7. The said police justice, or acting police justice, as such, shall have no jurisdiction in civil actions, except such as are Actions for conferred upon him in and by this act. Every action brought to recover any fine, penalty or forfeiture, for the violation of any by-law, ordinance, rule or regulation of said town of Mohawk, or said village of Fonda, shall be commenced by the issuing of a summons or warrant, in the discretion of said police justice or acting police justice before whom the complaint is made. If judgment be rendered against the defendant in any such action, execution may be issued thereupon immediately; and every such execution shall require and direct, in case sufficient goods and chattels can not be found to satisfy such judgment, that the defendant be imprisoned in close custody in the county jail of the county of Montgomery, for a term not exceeding thirty days.

How

brought, etc.

§ 8. Every such action shall be brought in the name of the town of Mohawk, or in the incorporated name of said village of Fonda, as plaintiff; and in the complaint therein it shall only be necessary to state the title and section or sections of the by-law, ordinance, rule or regulation alleged to be violated, the time of its passage or adoption, and the amount claimed to be recovered, and all other matters may be given in evidence on the Adjourn trial without being stated in the complaint; and no adjournment of any such actions shall be had for a longer period than fifteen days after the return of the warrant or summons unless by con sent of both parties.

ments.

Use of county jail

§ 9. The town board of said town of Mohawk is hereby authoras lock-up. ized and empowered to contract with the sheriff of Montgomery county for the use of the county jail situate in said town of Mohawk and village of Fonda, as a lock-up for the detention during examination, or while awaiting or during any trial or examination of prisoners arrested for any cause within said town or village, or for crimes committed therein, or for violation of any by-law, ordinance, rule or regulation of said town, or of said Erection of village, and in case a satisfactory contract or arrangement can not be made with such sheriff for the use of said jail as a lock-up. then the town board of said town of Mohawk shall have the power and authority to build, establish and maintain a lock-up

lock-up.

in the village of Fonda, in said town, the same to be used for the detention during examination, or while awaiting or during any trial or examination of prisoners arrested for any cause within said town or village, or for crimes committed therein, or for violation of any by-law, ordinance, rule or regulation of said town, or of said village; the cost and expense of building and Cost and erecting such lock-up shall not exceed the sum of eight hundred dollars. And the cost, expense and charges for the use of said county jail as a lock-up or of the building and maintaining a lock-up, as herein before provided, shall be a charge against the said town of Mohawk.

expense.

ment of

§ 10. Said police justice and acting police justice shall have Commit power to commit prisoners to such lock-up, as shall be desig- prisoners. nated, built or furnished by the town board of said town of Mohawk, as herein before provided, during the trial, or pending any trial or examination of such prisoner, before said police justice or acting police justice, for any crime, offense or charge thereof; and after any such trial or examination he shall have the power to commit any such prisoner directly to the Albany pentitentiary, in all cases where said justice may sentence such prisoner to said pentitentiary, without committing him to the county jail of said Montgomery county. And during any such com- Expense of mitment of any prisoner to the aforesaid lock-up, the expense of the support of any such prisoner shall be a charge against the county of Montgomery or the town of Mohawk, as the case may be.

support.

court

§ 11. The said police justice and acting police shall Police each keep a docket, which shall be furnished by the supervisor docket. of said town of Mohawk, in which he shall keep a record of all proceedings had before him, and shall enter therein the names of all persons arrested and brought before him, their age, sex, residence, where born, whether they can read and write, whether married or single, occupation, on what charge arrested, by whom arrested and the disposition of the case; said docket shall be designated "police court docket of the town of Mohawk," and the same shall be open during office hours to public inspection when not in use.

returns to

§ 12. Said police justice and acting police justice shall make Monthly monthly returns to the supervisor of the town of Mohawk of supervisor.

*So in the original.

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