Process may be by

summons.

No person incompetent by reason of

shall be brought in the corporate name; and in such action it shall be lawful to declare or complain generally, for such penalty or forfeiture, stating the section of this act or by-law, ordinance, rule, resolutions or regulations under which the penalty or forfeiture is claimed, and briefly setting forth the violation thereof for which the complaint is made.

S2. The first process in any such action, brought before a justice of the peace, may be by summons or warrant, and execution may be issued immediately thereon, on the rendition of judgment. If the defendant in any such action has no goods or chattels, lands or tenements, whereof the judgment can be collected, the execution shall require, where it shall appear that it was for a second offense, the defendant to be imprisoned in the jail of Westchester county for a term not exceeding sixty days.

$3. No person shall be an incompetent judge, justice, witness or juror by reason of his being an inhabitant or freeholder in said village, in any action or proceeding in inhabitant. which the said village is a party or interested.

his being an

President to adminis

ter oaths.

Estate vested in village.

Former

acts repeal. cd.

$4. All oaths or affidavits which are required or authorized by this act may be taken before the president of said village; but the said president shall not be entitled to receive any fee for administering such oath.

S 5. All the estate, real or personal, vested in or belonging to, or held in trust, by the trustees of the village of Sing Sing, at the time this act shall take effect as a law, shall continue to be, and is hereby declared to be vested in the said village.

S6. All former acts and parts of acts relative to the incorporation of the village of Sing Sing are hereby respectively repealed; but the repeal of such acts shall not affect any act done, privilege granted, right accrued or established, institution located, or any proceeding. suit or prosecution had or commenced previous to the time when such repeal shall take effect. But every such act, privilege, right, location, and proceeding shall remain as valid and effectual as if said acts had remained in full force, but subject, nevertheless, to the provisions of this act. And all officers, elected or appointed under or by virtue of acts hereby repealed, shall continue in office until the second Tuesday in March, eighteen hundred

and fifty-nine, unless the term for which they or any of them were elected or appointed shall sooner expire.

S7. All resignations of any officers under this act, Resigna shall be made to the trustees, subject to their acceptance.

tions.

feitures and

SS. All fines, forfeitures and penalties, and all moneys Fines, forreceived for any purposes under this act, shall be paid to penalties. the treasurer of said village, and may be applied by said trustees to any purpose consistent with this act.

meetings.

or trustees

contract

against village.

age.

S9. Special meetings of the inhabitants of said Special village may be called by the same persons, and in the same manner, as is provided for the calling the annnal meeting or elections in this act. The notice of such special meetings shall state the object of such meeting. $10. The president and trustees of the village of President Sing Sing, either individually or when acting as a board may not of trustees, shall have no power to contract any debt debts or liability upon or against said village, or do any act or thing at the expense of said village, unless there shall be money or funds in the hands of the treasurer of said village sufficient to pay for the same at the time of contracting such debt or liability, which shall have been appropriated by the board of trustees for such purpose; and all acts by them, or either of them, contrary to the provisions of this section, are hereby declared to be a misdemeanor, punishable by indictment; and upon conviction of any person for a violation thereof, he shall be punished by imprisonment in the county jail not less than thirty days, nor to exceed three months, and by a fine not to exceed two hundred and fifty dollars. And the said president and trustees, for a violation of this section, may be indicted jointly or severally, and in their names of office or individually.

or trustee

debt, except

S11. Any president or trustee of said village who President shall contract any debt or liability against the village, contracting except in the manner specified in the preceding section as herein of this act, shall be individually liable to pay the same to be individany person or persons with whom such contract may be ually liable. made, or to any person to whom the said debt or demand may have been assigned; but no such president or trustees shall have any action at law or in equity, or redress against said village, for any debt or liability, paid by them or either of them, on account of such claim or demand.

Board of health.

Privileges and restrictions.

Bond may be required.

Trustees

not to be interested

$ 12. The president and trustees are hereby empowered to act as a board of health, at all times to guard against the introduction of any malignant or infectious disease, and to adopt such measures as their judgment shall dictate to secure cleanliness and purity of atmosphere in the streets and alleys, and to promote the sanitary condition of the village.

$13. The said corporation shall possess the privilege and be subject to the restrictions contained in part one, title three, chapter eighteen of the Revised Statutes, as far as they are applicable to such corporation.

$ 14. The trustees shall have power to require of any officers appointed by them, a bond for the faithful performance of their duties, in such amounts and with such sureties as they, the said trustees, shall approve.

15. No member of the board of trustees shall be interested, either directly or indirectly, in any contract to which in contracts, the village is a party; and any president or trustee who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail not less than thirty days, nor to exceed three months, and by a fine not to exceed two hundred and fifty dollars.

Assistant police

S 16. The trustees shall have power to appoint, if in Constables. their discretion they deem it necessary at any time, one or more assistant police constables, not exceeding five, who shall hold their offices either temporarily or until the next election of village officers, at the discretion of the board of trustees, and perform the duties of watchmen in said village, and such other duties as shall be assigned them, and they shall be entitled to such compensation for the time they shall be in service as the said board shall determine, not exceeding fifteen dollars per year for each of them.

Fines, forfeitures, &c

Habitual drunkards or rotous

persens to

S 17. All fines, forfeitures and penalties shall be paid to the treasurer of the village, and may be applied by said trustees to any purpose consistent with the act of incorporation of the village.

Sis. All habitual drunkards, all drunken persons or persons found intoxicated in the streets in said village, or be punished riotous persons, or persons engaged in quarreling and fighting in any of the streets in said village, in addition to those persons enumerated in the first section of title

fifth, chapter twentieth of the first part of the Revised Statutes, shall be deemed disorderly persons, and may be proceeded against and punished according to the provisions of this act.

trustees or

police conmay make

stables

arrest.

S 19. The president of said village, the trustees and President, each of them, the police constable or any of the assistant police constables, shall have power, and are hereby authorized, at any and all times, to arrest or cause to be arrested, with or without process, any disorderly person or persons mentioned in the preceding section, and shall have power, with or without process, to enter, or cause to be entered, any building or place within the limits of said village, and arrest, or cause to be arrested, any such disorderly person or persons, and shall take them forthwith before any justice of the peace residing in said village, to be dealt with according to the provisions of this act. In case a justice of the peace cannot be found, then May be the officer so arresting any such offender may detain him custody. in custody, or commit him to the county jail, or any other convenient or secure place for safe keeping until a justice can be found, not to exceed forty-eight hours, when the officer shall immediately bring him before such justice of the peace, to be tried as hereinafter provided; said officers, or either of them, shall have power to command assistance whenever he shall deem it necessary.

detained in

ings against

arrested.

$20. When any person charged or complained against Proceed as a disorderly person, under the provisions of this act, persons shall be arrested and brought before any justice of the peace in said village, the said justice shall proceed forthwith to hear, try and determine the complaint or charge on which such person is so arrested, or he may, in his discretion, adjourn the hearing or trial, on cause shown, not to exceed five days, and in the meantime shall commit the accused to the county jail, or any other convenient and secure place, until such day, or suffer him to go at large on his executing a bond with sureties, under the approval of said justice, conditioned that he will appear on said adjourned day; and upon the conviction of any such offender, either by confession or competent testimony, the said justice shall have the power, and is hereby authorized, to punish by fine, not exceeding fifty dollars, or by imprisonment in the county jail of Westches

ter county, not to exceed six months, or by both such fine and imprisonment.

S 21. It shall be the duty of the commissioners of highways of the town of Ossining to pay over to the president and trustees of the village of Sing Sing, twothirds of all the moneys received by them from any source whatever, within thirty days after the receipt thereof by said commissioners, and the same shall be applied by the said president and trustees within the corporate limits of the village of Sing Sing for the purpose of repairing roads and bridges.

S22. This act is hereby declared a public act, and the same shall be construed favorably and benignly for every beneficial purpose therein contained.

S 23. The legislature may at any time hereafter modify or repeal this act.

S24. This act shall take effect immediately.

Chap. 440.

AN ACT to amend an act entitled "An act to authorize the county judge of Dutchess county to appoint a crier of the courts of record to be held in and for said county."

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:

SECTION 1. The first section of the act entitled "An act in relation to a crier for the county of Dutchess," passed July eighteenth, eighteen hundred and fifty-three, is hereby amended as follows:

That the clerk of said county of Dutchess, and in his absence his deputy, shall be crier of all the courts of record in said county, and be paid the same compensation therefor and in the same manner as justices of sessions are now paid.

S2. So much and such parts of the act in relation to criers, passed April fourteen, eighteen hundred and fiftyfive, as conflicts with this act, are hereby repealed.

3. This act shall take effect immediately.