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Payment over of moneys.

Power to take affi

all arrests made by virtue of any process issued by him, together with the arrests which are made without warrant, and disposed of by said police justice and acting police justice, showing the name of the person arrested, charge on which arrested, name of the officer making arrest, on whose complaint arrested, age, sex, residence, whether they can read and write, whether married or single, occupation, disposition of case and, in case of fine, the amount of any such fine, and all other information he may possess in relation to any such case or its disposition, which return shall be verified by his oath or affirmation.

§ 13. Said police justice and acting police justice shall pay over to the supervisor of the town of Mohawk, on or before the fifth day of every month, all moneys he shall have received for any costs, charges, fees or fines in any proceedings before him, for the month immediately preceding, and shall accompany the same with his oath or affirmation that the same is a full and faithful account of all moneys received by him as aforesaid. Said moneys so paid to said supervisor shall be retained by him for the use of the poor of said town of Mohawk.

§ 14. Said police justice shall have all the powers of justices of davits, etc. the peace or commissioners of deeds or notaries public to take affidavits, acknowledgements and proof of deeds, and other instruments, and be entitled to the same compensation therefor, as is now paid to said officers therefor. But nothing herein contained shall be construed as allowing said police justice to make any charge for administering oaths or taking acknowledgments in connection with any criminal process.

Fees, costs, etc.

Processes, etc., how signed.

§ 15. Said police justice or acting police justice shall not retain for his own use any fees, costs, charges or fines collected by him whatever, except those allowed to the police justice as specified in the last preceding section, but shall charge and collect all such fees, costs, charges or fines now allowed by law, and pay the same over to the supervisor of the town of Mohawk as provided in section thirteen of this act.

§ 16. All processes, mandates, orders, commitments or other documents made or issued by said police justice, shall be signed in addition to his signature, "police justice of the town of Mohawk," when made or issued by said acting police justice, the same shall be signed in addition to his name, and title of his office, "acting police justice of the town of Mohawk."

officer.

§ 17. There shall be elected in said town of Mohawk, Mont- Police gomery county, New York, at the annual town election, for town officers, in the year eighteen hundred and ninety-five, and at the annual town election for town officers, in each year thereafter, a police officer, who shall immediately enter upon the discharge of the duties of his office.

tions.

§ 18. Such police officer so elected shall be a resident elector Qualificaof said town of Mohawk, and shall, before entering upon the discharge of the duties of his office, take and subscribe the constitutional oath of office, and execute a bond in manner as required by Official statute of constables, and file the same in the office of the town bond. clerk of said town.

oath and

duties.

§ 19. Such police officer shall have and exercise all the powers Powers and and authority that constables of the town of Mohawk now have or hereafter shall have with regard to all criminal matters and all proceedings of a criminal nature and all civil actions brought to recover penalties as herein provided. In all cases in which he is authorized to act, he shall possess the same powers, perform the same duties, and be subject to the same liabilities as constables. And it shall be his duty to serve all processes and mandates issued by said police justice or acting police justice, and to execute the orders and commitments of said police justice or acting police justice of said town of Mohawk for the trial or examination of criminal cases, and shall convey direct all persons sentenced within said town to confinement in any jail or penitentiary to such place of confinement.

§ 20. The salary of said police officer shall be at the rate of Salary of police four hundred dollars per year, which salary shall be annually officer. audited, allowed and paid as other bills and accounts against said town of Mohawk, are now audited, allowed and paid.

over of

§ 21. Such police officer shall not retain for his own use and Fees. benefit any fees for services rendered, but he shall demand and receive for all processes served by him, the same fees as are provided by law for constables for like services; and he shall keep an accurate account thereof, and pay the same over to the Payment supervisor of said town of Mohawk, on or before the fifth day of same. every month, accompanied by his oath or affirmation that the same is a full and faithful account of all moneys received by him as aforesaid. Said moneys so paid to said supervisor shall be retained by him for the use of the poor of said town.

Designation of

§ 22. In case of sickness, absence from said village and town, elector to disability or inability of said police officer to act and, in case

act as

officer.

of a vacancy in said office, caused by the death, resignation or removal for cause, of said police officer, the supervisor of said town of Mohawk shall forthwith designate, and appoint some resident elector of said town to act and perform the duties of said police officer until said regularly elected police officer shall resume the duties of his office, or until such vacancy shall be filled by Compensa- the election of a police officer. Any police officer so designated and appointed and while serving as such, shall receive the same ratable compensation as is hereby provided to be paid said elected police officer, and the sum so paid shall be deducted from the salary of said elected police officer.

tion.

Sheriff,etc.,

not com

pelled to

serve papers.

§ 23. The sheriff, under sheriff, deputy sheriffs, or constables, elected or appointed, in the county of Montgomery or any railroad officer or detective employed by any railroad company whose road extends into or runs through said county of Montgomery, shall not, as such, be compelled to serve within the town of Mohawk, or village of Fonda, any summons, warrant, subpoena, commitment, order, notice, paper or process whatever, issued or directed by the police justice of said town, or any justice of the peace residing or doing business therein, in execution of the laws of this State for the prevention of crime and the punishment of criminal offenders, or of the police laws or regulations of the state, or in any proceedings collateral to or connected with the execution of such general laws or regulations, or of the by-laws, rules, regulations or ordinances of said town or of said County and village aforesaid; nor shall the county of Montgomery, or any of chargeable. the towns therein, or the village of Fonda, be chargeable with, or in any way liable to pay any such sheriff, under sheriff, deputy sheriff, constable, or railroad officer or detective, any fees for services rendered, or disbursements paid or incurred, under or by virtue of such warrants, subpoenas, commitments, order, notice, paper or process whatever.

towns not

Justices not com.

pelled to issue summons, etc.

§ 24. No justice of the peace of the town of Mohawk shall be compelled to issue any summons, warrant, subpoena, commitment, order, notice, paper or process whatever, for any criminal offense or in any action for the recovery of any fine, penalty or forfeiture, within such town, and shall not receive, in any way, any fees for services rendered, or disbursements incurred or paid, under

town not

or by virtue of any such warrants, subpoenas, commitment, order, notice, paper or process whatever, nor shall the county of Mont. County and gomery, or any town therein, or the village of Fonda, be charge. chargeable. able with, or in any way liable to pay any such justice of the peace any fees for any services rendered, or disbursements, paid or incurred, under or by virtue of any such warrants, subpoenas, commitments, orders, notices, papers or process whatever.

other office.

§ 25. No person shall hold the office of police justice of said Not to hold town who, at the time, holds any office of profit or trust under the general, state or any municipal government.

ment of

§ 26. Immediately after this act shall take effect, the governor of Appointthe state of New York shall appoint a police justice of said town of Police justice. Mohawk, whose salary shall be at the rate of five hundred dollars per year, together with the annual allowance for office rent, fuel and lights, as provided in section three of this act. The person appointed police justice, as aforesaid, after filing the bond and taking the oath required by section two of this act, shall enter upon the duties of and shall hold his office until the annual town election for town officers, in the year eighteen hundred and ninety-five, and until his successor has duly qualified and entered upon the duties thereof.

ment of

officer.

§ 27. Immediately after this after this act shall take effect, the Appointgovernor of the state of New York shall appoint a police police officer of said town of Mohawk, whose salary shall be at the rate of four hundred dollars per year, as provided in section twenty of this act. The person appointed police officer, as aforesaid, after taking the oath required by section seventeen of this act, shall enter upon the duties of and shall hold his office until the annual town election for town officers in the year eighteen hundred and ninety-five, and until his successor has duly qualified and entered upon the duties thereof.

for cause.

§ 28. A police justice elected, or appointed, as provided in this Removals act, may be removed from office for the same causes, by the same officer or tribunal, and in the same manner now provided by law for the removal of justice of the peace.

29. This act shall take effect immediately.

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Expendi ture authorized.

Issue of bonds.

Tax for

bonds and interest.

Proceeds of sale.

Annual tax for park.

Chap. 21.

AN ACT authorizing the city of Newburgh, in the county o Orange, to expend money in the improvement of "Downing park" in said city, and to borrow money and issue bonds in order to provide the means therefor.

BECAME a law February 12, 1894, with the approval of the Governor. Passed three-fifths being present.

The People of the State of New York, representea in Senate and Assembly, do enact as follows:

Section 1. The common council of the city of Newburgh are hereby authorized to expend such sums of money as may be necessary, not to exceed, however, in all, ten thousand dollars, in the grading, draining, laying out and otherwise improving "Downing park," in said city, and to employ engineers, superin tendents and laborers in the making of such improvements.

§ 2. To provide the funds necessary for the expenditures, authorized by section one of this act, the common council of the city of Newburgh are hereby authorized and empowered to borrow upon the credit of said city, from time to time, such moneys, not exceeding the amount (exclusive of premiums) mentioned in section one of this act, and to cause the issue of the bonds of said city therefor, signed, sealed and countersigned by the mayor and city treasurer of the city of Newburgh, payable in twenty equal parts or annual installments, in such series and at such times as the common council of said city may determine, such annual installments to be raised each year, as the same may become due, together with the interest due annually upon said bonds, by general tax upon the real and personal property in said city, subject to taxation, until all of said installments are paid. None of said bonds shall be sold at less than par, nor bear interest at a rate exceeding five per cent per annum. The proceeds of the sale of said bonds, together with all premiums received upon such sale, shall be paid into the city treasury, and placed to the credit of the "park improvement fund," and shall be expended only for the purpose authorized by section one of this act.

§ 3. It shall be the duty of the said common council to raise annually, in the manner that taxes for city purposes are raised, and in addition thereto, the sum of five hundred dollars for the

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