of. sons who are present participating in riotous, disorderly or noisy and duties assemblages, or who break the public peace in his presence, and who are found drunk in the streets, or vagrants, disorderly or suspicious persons, without process, and upon a process issued by a magistrate, to arrest any person charged with having committed any crime or offense against any law or ordinance, by-law or regulation of said village, and take them before a magistrate, to be dealt with according to law, and to keep and retain such person in custody until committed or discharged. The chief of police or police constable arresting any When to person after six o'clock in the evening for any disorderly conduct, or for disturbing the peace of the village, may convey them to the county rested, in jail of Yates county, there to remain until the morning of the next county day, when they shall be brought up for examination and trial, but no person shall be brought up on the Sabbath, but shall be kept in jail until the morning following. lodge per sons ar jail. tain pow § 6. The chief of police, in addition to the powers and duties con- Chief, to ferred by the last section, shall have the same powers and rights, to be have cercharged with the same duties and responsibilities as constables elected ers of town in towns but he shall not serve any process in civil actions out of said constable. village, except in favor of said village, or against a person or persons fleeing therefrom. It shall be the duty of the said constable to give such security for the faithful performance of the duties of his office as shall be required of him by the said trustees. procure companies men. board, its § 7. The trustees shall procure fire engines and other necessary and Trustees to convenient apparatus for the prevention and extinguishment of fires, recre and provide safe and convenient places for keeping the same. They gines, etc. shall have power to organize fire companies, provide for maintaining To organthem, and to appoint a competent number of able-bodied, respectable ize üre inhabitants of the village as firemen. The said companies shall have and ap the care and management of the apparatus for extinguishment of fires, point fireunder the rules provided by the fire department board, and under the control of the chief engineer and his assistants. The president of the Fire devillage, chief engineer, assistant engineers, and secretary of the fire de- partment partment shall constitute the fire department board. They shall have duties and power to prescribe the duties of firemen, make rules and regulations powers. for their government, and impose reasonable penalties for violations thereof. They shall also have power to purchase supplies, or construct additional apparatus, if they deem it necessary, for the use Limitation and convenience of the fire department only, provided the expense of expenditures for shall not exceed the sum of five hundred dollars per annum. The departtrustees are authorized and empowered to raise annually, by tax, ment. to be assessed on the estates, real and personal, within the corporation, and collect it from the owners thereof, whether such owners are residents of the corporation or not, a sum not to exceed five hundred dollars, which shall be turned over to the treasurer of the fire department. The fire department board shall examine and settle all accounts chargeable to the fire department under the provisions of this section. The chief engineer of the fire department shall have Chief engl general charge and supervision of all engines, hydrants, hose, hose neer, ducarriages, engine-houses, water-tanks, and all fire apparatus and property owned by the village for the use and convenience of the fire department, and shall have power to cause any of such apparatus or property to be repaired whenever he shall deem it necessary. He shall report to the fire department board, at each regular meeting, the nature and cost of such repairs, and shall have sole direction of the fire department when on duty, and be subject to no other officer. The ties of. Assistant assistant engineers shall be under the command of the chief, when on engineers. duty, and in his absence the first assistant shall have command, and all the powers and duties herein given to the chief, and in the absence of both the chief and first assistant, the second assistant shall assume Secretary, command, with all the powers and duties of the chief. The secretary duties of shall keep in writing, in a book kept for the purpose, a record of all meetings of the fire department board, and shall collect all moneys due the fire department, keep an accurate account of all receipts and expenditures, and shall not pay out any money except upon audits of the fire department board, signed by the president, and countersigned by the chief engineer. The books and entries of the secretary shall be open for inspection of any elector of the village at all reasonable hours, and all bills audited and paid by him shall be retained and filed as vouchers. He shall make a full report and exhibit to the fire departAnnual ment board at least thirty days before the annual election, and shall report. turn over to his successor all books, papers, vouchers and money in his Quarterly, possession belonging to the fire department. The fire department and special board shall hold regular meetings on the second Monday of March, of depart- June, September and December, and special meetings whenever ordered by the chief engineer. A majority of the board shall constitute a quorum for the transaction of business. meetings ment board. Quorum. Firemen, exemptious of. Ibid. 8. Firemen appointed by the trustees shall, during the term of their service, be exempt from poll-tax, juries, and service in the militia, except in cases of war, invasion or insurrection. The name of cach fireman shall be registered with the clerk of the village, and the evidence to entitle him to the exemption herein provided shall be the certificate of the clerk, made within one year from the time when the exemption is claimed. § 9. Every fireman who shall have faithfully served as such in the village of Penn Yan for the term of seven years, shall thereafter be exempt from juries in courts of record, or service in the militia, except in cases of war, invasion or insurrection. The evidence to entitle such person to the exemption provided in this section shall be a Certificate. certificate signed by the president and clerk. No such certificate shall be hereafter given until the applicant shall have made and filed with the clerk an affidavit that for seven years preceding he has actually and habitually been present with his company at fires in the village, when not detained therefrom by absence from the village, illness or other unavoidable circumstances. Commissioners of cemetery grounds, election fication of. TITLE VII. SECTION 1. At the next annual election held in and for said village, after the passage of this act, there shall be elected three commissioners of the cemetery grounds belonging to said village, one of whom shall and classi- hold his office for the term of three years, one for the term of two years and one for the term of one year, to be designated by lot under the direction of the president. At every annual election thereafter there shall be elected one commissioner of the cemetery, who shall hold his office for the term of three years. But the board of trustees Appoint shall appoint in writing three cemetery commissioners who shall hold their office until the third Monday of March next after the passage of this act, and until their successor* in office shall be elected and qualify. ment of first board. *So in the original. commis § 2. Said commissioners shall, during their term of office, have Duties of exclusive control and management of the laying out, beautifying and goners. improving of the cemetery grounds belonging to the village. All moneys recommended and voted at the annual tax meeting for the improvement of such lands shall be placed in the hands of said commissioners to be expended by them in such laying out, beautifying and improving of said grounds. rights, etc. 3. The said commissioners shall have the exclusive power of con- Sale of veying by their chairman, to any person or persons, their heirs and rights, assigns, for such consideration, and upon such terms, conditions and under such restrictions as they may prescribe, the exclusive right to bury the dead and erect monuments in and upon any lands purchased and obtained by law by the trustees of the village of Penn Yan for cemetery purposes, and shall have power to make contracts relating to official such cemetery, and to enforce the same by suit brought in the name title of of "The Penn Yan Cemetery Commissioners." cemetery board. tion of from bur. § 4. The said commissioners shall also have the exclusive custody Applicaand control of all moneys which may be received from such sale of moneys burial rights or otherwise from said lands under their control, and received shall apply such portion of the same as they may think proper to the ial rights, laying out, improving, beautifying and taking care of such lands, and etc. the actual and necessary expenses of such commission, and the balance shall be applied in the payment of any indebtedness which may have Payment been lawfully incurred by said village for the purchase of any lands of debts. for cemetery purposes. statement of receipts 5. The said cemetery commissioners shall, at least two weeks Annual before the annual tax-meeting of the tax payers of said village, prepare to taxa statement of the money on hand at the commencement of the pre- meeting, vious year (as stated in the account of the year previous to that as and expencash on hand), of all moneys received by them from the sale of burial ditures. rights, or in any way in or by virtue of their official capacity, and the sources from which received, of all moneys expended by them and the objects for which expended, and showing the balance on hand on the last day of April previous to such tax-meeting. Said statement of receipts and expenditures shall be signed by a majority of such commissioners and verified under their oath and affirmation to be correct. They shall publish such statement in one or more of the village paper's at least one week before said meeting, and may recommend to said published. meeting the raising of such sum or sums for cemetery purposes as they may deem proper. How veri fled and § 6. Whenever any vacancy shall occur in the board of cemetery Vacancies. commissioners, the commissioners remaining in office shall fill the vacancy until the next annual election. And no cemetery commissioner shall hold any other village office. map and streets. 7. The board of trustees shall cause a map to be made of such Village village, and cause all new public roads, avenues, streets and lanes in record of the village to be surveyed and described, and a description thereof recorded in a book to be kept by the clerk for that purpose. The map so made shall be kept by the clerk. penditures. § 8. The money expended for street expenses shall be expended by Street exthe street commissioner under the direction of the board of trustees. § 9. No person shall be an incompetent judge, justice, witness or Compejuror by reason of his being an inhabitant or property holder in the jurors, etc. village of Penn Yan, in any action or proceeding in which the said village is interested. tency as § 10. The treasurer, clerk, street commissioner and chief of police Pay of certain officers. Proceeding of Proviso. shall each be paid for their services such reasonable compensation as the board of trustees, at a regular meeting, shall direct. § 11. The board of trustees shall furnish to the several village patrus pers the proceedings of all regular and special meetings of said board, published. over the signature of the clerk. Such papers may publish the same, at an expense to the village, not exceeding twenty-five cents per folio. § 12. Nothing herein contained shall be construed so as to destroy, impair, or take away any right or remedy acquired or given by any act hereby repealed, and all proceedings commenced under any such former act shall and may be carried out and completed; and all prosecutions for any offense committed, or penalty or forfeiture incurred, shall be carried on with the same effect as though this act had not been passed, except that all persons now in office under the old charter of the vil lage, shall go out of office on the third Monday of March, next after cers, how this charter becomes operative as a law, or as soon thereafter as his successor in office shall be elected and qualify. Terms of existing village offi long continued. Highway tein, re turn to former system § 13. This act shall take effect immediately. CHAP. 120. AN ACT to amend chapter thirty-one of the laws of one thousand APPROVED by the Governor April 10, 1889. Passed, three-fifths being present. SECTION 1. Section two of chapter thirty-one of the laws of one repair sys- thousand eight hundred and seventy-nine, entitled "An act to enable such towns as have altered the manner of working and repairing the highways from the system provided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes, to the system provided for by chapter three hundred and ninety-five of the laws of one thousand eight hundred and seventy-three, to return to the system provided for in said first-named act," is hereby amended so as to read as follows: provided for. Submis sion of § 2. Upon the written application of twenty-five tax payers of any such towns, it shall be the duty of the justices, or other officers who to voters. preside at the town election of any such town, to submit to the electors, and the electors of any such town may vote at the next regular annual town meeting upon the question of returning to the said former system of working and repairing the highways. Such vote shall be by ballot, upon which shall be written or printed respectively, "for returning to the system of working and repairing the highways promeeting. vided for in article second and article third of chapter sixteen, title one, part one of the Revised Statutes," and, "against returning to the system of working and repairing the highways provided for in ar Form of ballot, at annual town of result ticle second and article third of chapter sixteen, title one, part one of the Revised Statutes." The ballots shall be deposited in a separate Canvass, box by themselves, be counted by the inspectors of election, or other and record officers presiding at such town election, and if a majority of the elect- of vote. ors shall vote in favor of returning to said former mode, the town voting therefor may avail itself of the privileges of this act, and of said article second and article third of chapter sixteen, title one, part one of the Revised Statutes, upon causing a minute of its action to be entered by the town clerk in the town records. In any town which may have voted or may hereafter vote to return to the system of working and repairing the highways as herein provided, such change shall Change, if not take effect until the next annual meeting of the board of super- ized therevisors after the town meeting at which it was decided to make such by, when change; and until such annual meeting of said board of supervisors effect. the former system of repairing highways shall remain in force in said town. § 2. This act shall take effect immediately. CHAP. 121. AN ACT to amend chapter four hundred and ten of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York," relating to commissioners of deeds. APPROVED by the Governor April 10, 1889. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: author to take act SECTION 1. Section one hundred of chapter four hundred and ten City consolidation of the laws of one thousand eight hundred and eighty-two, entitled "An act to consolidate into one act and to declare the special and amended. local laws affecting public interests in the city of New York," is hereby amended so as to read as follows: sioners of and terms § 100. There may be not exceeding one thousand commissioners of Commisdeeds in office at any one time. The common council is hereby au- deeds. thorized and empowered to appoint such commissioners from time to number time, who shall hold their offices for two years from the date of their of appointment, and until others are appointed in their places. Such appointments shall not require the approval of the mayor. 2. This act shall take effect immediately. |