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complain

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an annual salary of two hundred dollars, and shall keep a book in which he shall enter all business done by him; he shall make out his account of all the business done by him, in cases of felonies against the county of Ulster, in the same manner as bills of justices of the peace in like cases, and in which he shall charge the fees as allowed by law to justices of the peace, and which shall be duly verified by him, and said account shall be audited by the board of supervisors, and the amount audited shall be levied upon the county as other county charges, and credited to the town of Ulster. In all cases when the complainant shall be adjudged to pay the costs, the said police justice before whom the hearing shall have been had shall tax for his services in such case, such fees as are allowed by law to justices of the peace for like services, which costs shall be collected in the same manner as fees of justices of the peace in like case, and when collected by such police justice shall be retained by him on account of his salary, and all fines imposed by him and collected by him shall also be so retained. Claim for At the annual meeting of the board of town auditors of said town of Ulster, on the Thursday next preceding the annual meeting of the board of supervisors of the said county of Ulster, in each year, the said police justice shall present to the said board of town auditors, his claim for salary up to the first day of April, then next ensuing, less the amount of costs and fines received by him as hereinafter provided, which said account shall be itemized as to the credits, and verified as other town accounts, and the balance of salary due such police justice, after deducting such costs and fines as aforesaid, and also after deducting the amount or amounts to be paid by said town to any other justice or justices of said town as provided in section six of this act, shall be audited by said board of town auditors, and entered in their certificate as required by law.

salary to be presented to board of auditors.

be paid.

Balance to § 8. If the town auditors shall determine on due examination and audit that a balance is due to the town from said justice, on account of the moneys received and retained by him for costs and fines, as in the seventh section of this act provided, over and above the amount of his salary, the said police justice shall forthwith pay the balance so determined to the treasurer of the county of Ulster, and said treasurer shall receive the same and credit the amount so received to the town of Ulster.

§ 9. This act shall take effect immediately.

CHAP. 36.

AN ACT to amend chapter three hundred and fifty-nine of the laws of eighteen hundred and sixty-two, entitled An act to incorporate the New York Commercial Association, and the acts amendatory thereof.

PASSED March 24, 1882; 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 three hundred and fifty-nine of the laws of eighteen hundred and sixty-two, entitled An act to incorporate the New York Commercial Association, and the acts amendatory thereof, is hereby amended so as to read as follows:

tion

§ 1. The members of the association, known as the New York Produce CorporaExchange, and all other persons who hereafter may become associated created. with them under the provisions of this act, are hereby created a body corporate under and by the name of the New York Produce Exchange, with perpetual succession and power to use a common seal and alter Powers. the same at pleasure, to sue and to be sued, to take and to hold by grant, purchase and devise real and personal property to an amount not exceeding five million dollars, for the purposes of such New York Produce Exchange, and to sell, convey, lease and mortgage the same or any part thereof.

§ 2. Section three of said act is hereby amended so as to read as follows:

assessed

§3. The purposes of said corporation shall be to provide and regu- Corporate late a suitable room or rooms for a produce exchange in the city of purposes. New York, to inculcate just and equitable principles in trade, to establish and maintain uniformity in commercial usages, to acquire, preserve and disseminate valuable business information, to adjust controversies and misunderstanding between persons engaged in business, and to make provision for the widows and families of deceased members. The said corporation shall have power to make all proper and needful by-laws, not contrary to the constitution and laws of the state of New York or of the United States. Such present members of said corpo- Members ration, as shall agree thereto, and all persons who shall hereafter join may be said corporation, may be assessed such sum as shall be provided in the for benefit by-laws of said corporation, upon the death of any such member agree- etc., of ing thereto, or who shall hereafter join said corporation; which sum, deceased or such proportion thereof as the by-laws may provide, and such proportion of the surplus income of said corporation as the by-laws may provide may be paid to the widow, children, next of kin of, or other persons dependent upon said deceased member, in such manner as the said by-laws shall prescribe. But no such assessment shall be made upon, and no such payment shall affect the proportionate share in the property of said corporation, of any present member not consenting thereto.

§3. This act shall take immediately.

of widows,

members.

CHAP. 37.

AN ACT to amend chapter one hundred and ninety-four of the laws of eighteen hundred and seventy-nine, entitled "An act to revise and amend chapter one hundred and forty-four of the laws of eighteen hundred and sixty-one, entitled 'An act to amend and consolidate the several acts relating to the village of Palmyra.'

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PASSED March 24, 1882; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section twenty-two of chapter one hundred and ninetyfour of the laws of eighteen hundred and seventy-nine, entitled "An act to revise and amend chapter one hundred and forty-four of the

So in the original.

Corporation may hold

trust for

order cemetery lots.

protection

laws of eighteen hundred and sixty-one, entitled An act to amend
and consolidate the several acts relating to the village of Palmyra,'
is hereby amended so as to read as follows:

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§22. Any person may pay money or securities into the village treasury, or direct by will, that same be done, to be held by the cormoney in poration in perpetual trust, to keep same productively and safely keeping in invested, and apply the income thereof to pay the expense of improving, caring for and keeping in good order and repair, any lot or lots and appurtenances, as specified in the instrument declaring the trust, and situated in any cemetery owned by said village. Any surplus of income beyond the amount needed for the faithful execution of the trust as specified may be applied to the care and improvement of the Cemetery cemeteries generally. The surplus income of the cemeteries and fund. cemetery funds of the village, arising from the sale of lots, entered on investment and otherwise, which shall remain unexpended at the close of each fiscal year, shall, after reserving therefrom five hundred dollars, or less, to meet current expenses, be set apart by the trustees in a fund, to be known as the Cemetery Protection Fund, and be also held by the corporation in perpetual trust, to keep same productively and safely invested and apply the income thereof toward providing for the care, protection and improvement of the village cemeteries generally, as the trustees shall direct. The village may borrow money from the Cemetery Protection Fund to buy and prepare additional land for cemetery use, when duly authorized by the tax-payers to make any such purchase. All moneys thus borrowed shall be reimbursed to this fund, with interest, from the first moneys received from the sale of lots in lands thus purchased; and if in any fiscal year sufficient moneys shall not be received from the sale of such lots to pay the annual interest on the indebtedness of the village to said fund, the trustees shall, in the succeeding year, raise by tax the deficiency needed thereFund how for. Except as herein before especially authorized in the case of the Cemetery Protection Fund, the several trust funds provided for in this section shall be invested by the trustees only upon first mortgages upon real estate, worth, exclusive of buildings, double the amount loaned thereon. While separate accounts shall be kept of each of said trusts, all such moneys shall be aggregated in one fund, to be called "the Cemetery Trust Fund," and invested in such amounts as shall be practicable, and the net income of such fund shall be apportioned in April, each year, ratably to each trust for the purposes thereof. Any loss which said fund shall sustain in any way shall be made good by tax which the trustees shall levy and collect, as may be necessary, in the same manner as taxes for ordinary expenditures.

to be

invested.

Jurisdiction of police justice.

§ 2. Section forty-one of said act is hereby amended so as to read as follows:

§ 41. In all cases of crime or violation of law committed in the village, the police justice shall have, within said village, the same jurisdiction and powers, and be subject to the same duties and liabilities and be entitled to the same fees, except as herein provided, as justices of the peace in towns; he shall reside and keep an office in the village, and all warrants issued in criminal cases by any justice of the peace for offenses committed in said village shall be made returnable before the police justice, except in case of his absence or inability to act, or of a vacancy in his office; the fees of the police justice shall be collected in the same manner as those of justices of the peace in towns in criminal cases, except that for all proceedings in relation to offenses created by this act, and all proceedings for violation of any ordinance of the

village, he shall receive such compensation as the trustees shall ordain; and he shall, within five days after the same shall have been received by him, pay to the treasurer of the village all fines and penalties that may have been collected by him in any proceeding before him as a police justice. The police justice shall have power in case of persons brought before him charged with having committed any offense in violation of any provision of this act or any ordinance of the village, to proceed summarily and without jury, unless the person thus charged shall demand a trial by jury, to try such persons and determine the alleged offenses and charges; and in case any person shall be found guilty of any such offense, for which a penalty is imposed, said justice shall require such penalty with costs and fees to be paid to him within twenty-four hours and during that time the defendant shall remain in the custody of the constable, and if the penalty and costs and fees be not paid within that time may order defendant to be confined in the watch-house or lock-up or county jail for a term not exceeding sixty days, unless the penalty and costs and fees be paid sooner. The Vagrants, police justice, or any other magistrate in cases where another may act, etc. shall have power to order vagrants and disorderly persons who may have been brought before him for offenses and acts committed within the village, to be confined in said watch-house or lock-up for a term not exceeding ten days; and such magistrate may commit to be confined in such watch-house or lockup, any person for safe-keeping, who may be brought before him charged with crime, pending the examination or trial of such person or during any adjournment, for the purpose of procuring testimony or otherwise, for a term not exceeding five days. In case of absence from the village, inability to serve or When jusvacancy in the office of the police justice, any other justice of the peace peace may residing in the village shall possess all the powers hereby conferred on act. the police justice. It shall be the duty of the said police justice in a Record to suitable book provided by the village, to enter and keep a record of the be kept. 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 offended* 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 offense 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.

3. This act shall take effect immediately."

* So in original.

tice of

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business in

three

counties.

may be

filled stating

counties.

CHAP. 38.

AN ACT to amend section eleven of chapter one hundred and seventy-one of the laws of eighteen hundred and eighty-one, entitled An act to amend chapter three hundred and sixtytwo of the laws of eighteen hundred and eighty, entitled An act to provide for the formation of county co-operative insurance companies, and to amend the title thereof.

PASSED March 24, 1882.

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

SECTION 1. Section eleven of chapter one hundred and seventy-one of the laws of eighteen hundred and eighty-one, entitled An act to amend chapter three hundred and sixty-two of the laws of eighteen hundred and eighty, entitled An act to provide for the formation of county co-operative insurance companies, and to amend the title. thereof, is hereby amended so as to read as follows:

§ 11. Section nineteen of said act is hereby amended to read as follows:

19. Nothing herein contained shall authorize any company formed transact under the provisions of this act to transact business in not to exceed more than three counties, which shall be designated in the certificate required by section one, except as herein before specially authorized. Any comCertificate pany now organized and doing business under the provisions of this act, or which may hereafter be organized and do business under the provisions of this act, in one county or two adjoining counties, may extend its business into any number of counties, not exceeding three in all, by filing in the office of the clerk of such adjoining county or counties a duly certified copy of the certificate and statement filed in the office of the secretary of state, under the provisions of sections one and three of this act, and also by filing in the office of the secretary of state, and of the county clerk of each county comprised within the territorial limits of said company, a certificate signed by at least two-thirds of the directors of said company stating the counties within which said company proposes to do business, and apon filing such certificates and certified copies as herein provided, any such company shall possess all the business and corporate powers, rights and privileges in the counties named in such certificate (not exceeding three), and be subject to the same liabilities as though originally organized under a certificate specifying the same counties as the territorial limits of such company.

§ 2. This act shall take effect immediately.

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