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section of Remsen and Mohawk streets in said city," reported in favor of the passage of the same, with amendments, which report was agreed to, and,

On motion of Mr. Comstock, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill entitled "An act to amend chapter 692 of the Laws of 1870, entitled 'An act to establish and maintain a police force in the city of Cohoes,' as amended by chapter 269 of the Laws of 1873, and as further amended by chapter 482 of the Laws of 1879," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill entitled "An act for the relief of Isaac Piser," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill entitled "An act to authorize and enable the county of Kings, for the care, custody and relief of its poor insane, to purchase, erect and maintain, outside the limits of said county, a farm and buildings, and to issue bonds to meet the expense thereof," reported in favor of the passage of the same, with an amendment, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Titus introduced a bill entitled "An act to ratify and confirm the proceedings to incorporate the East Buffalo Central Land Association in the city of Buffalo, and county of Erie," which was read the first time, and by unanimous consent was also read the second time, and On motion of Mr. Titus, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

A message from the Governor was received and read in the words following:

To the Senate:

STATE OF NEW YORK, EXECUTIVE CHAMBER,
ALBANY, February 20, 1884.

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Pursuant to concurrent resolution of the Senate and Assembly, herewith is returned for amendment, Senate bill No. 13, entitled "An act to amend chapter 388 of the Laws of 1854, entitled 'An act to incorporate the village of Lyons.""

GROVER CLEVELAND.

The President put the question whether the Senate would agree to reconsider the vote by which said was passed, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows:

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On motion of Mr. Robinson said bill was amended as follows: Strike out all after the enacting clause and insert the following: SECTION 1. The provisions of section 2 of chapter 388 of the Laws of 1854, entitled "An act to incorporate the village of Lyons," passed April 17, 1854, so far as they refer to or provide for or direct the election of one clerk and one constable are hereby repealed.

§ 2. Section 11 of chapter 388 of the Laws of 1854 is hereby amended so as to read as follows:

§ 11. The village board shall have power to appoint for said village one collector, one street commissioner, two fire wardens, one poundmaster, any number of watchmen, not exceeding six, any necessary number of health masters, one clerk, one police justice, and two police constables, who shall respectively hold their offices until the next annual election after their appointment, and until others are appointed in their stead; any such appointment shall be made by resolution, in writing, to be passed by said board at a regular meeting thereof, and no such resolution shall be valid unless on the passage thereof it shall receive the assent of at least four of the members of said board; provided, however, the said board at any regular meeting thereof shall have power in like manner to remove any officer, so appointed, for any malfeasance or misconduct in his office, or in the performance of the duties connected therewith and for cause shown; and to fill any vacancy therein caused by such removal or otherwise.

83. The salary of the police justice appointed by this section shall be fixed by the board of trustees, and shall not exceed $800 per year, payable quarterly, and shall not be increased or diminished for the year entered upon by any incumbent, and he shall not receive or retain any other fee or emolument whatever, except for taking acknowledgments and affidavits. He shali reside in and keep an office in the village, and shall not during his term of office hold any town, county or other village office. He shall have exclusive jurisdiction, except as is hereinafter provided, to issue all warrants in cases where the alleged crime or misdemeanor has been committed within the said village of Lyons, and of all cases within the said village of persons charged with being tramps, vagrants or disorderly persons, and all cases where summary conviction may be had, and in bastardy proceedings, and to hear and determine all complaints, and to conduct all examinations and trials in criminal cases that may now by law be had by a justice of the peace, or before a court of special sessions; and shall have the same power and jurisdiction in such criminal cases which justices of the peace now have by law, or which may hereafter be conferred upon justices of the peace by law. He shall have the same power in all cases as justices of the peace to administer oaths and take affidavits. He shall also have exclusive civil and criminal jurisdiction of all violations of the charter, bylaws and ordinances of said village, of the grade or class which, as to amount, punishment or penalty, would otherwise be within the jurisdiction either of courts of special sessions or justices of the peace of towns. The course of procedure and practice before the police

justice and in his court shall be the same as prescribed by the laws of this State in like cases before justices of the peace, or courts of special sessions of towns, according to the nature of the proceedings, except as hereinafter provided. For the enforcement of any fines imposed upon or penalty recovered against any person for any violations of the charter, ordinances or by-laws of said village, the police justice. may, unless the same with all costs is paid, commit such persons to imprisonment, as in cases of fines for like amounts imposed under the penal or criminal laws of this State by the justices of the peace or courts of special sessions in towns, or, in his discretion, he may, unless the same with all costs is paid, commit such persons for a number of days certain, not exceeding the number of dollars of the fine, to the jail of Wayne county, or to the lock-up or place of confinement that shall be erected or provided by authority of said village, but such imprisonment shall not in any case exceed thirty days. In all cases of imprisonment in pursuance of the sentence, judgment or direction of said police justice, and in all cases of detention or temporary commitment directed by him, in addition to the other places of confinement provided by the general laws, said lock-up or place of confinement provided by said village may be used as a place of imprisonment. He shall keep a docket provided by the board of trustees, which shall remain the property of the village, in which he shall keep a record of all proceedings before him, commenced either with or without process, the date thereof, the nature of the offense charged, and what action was had thereon, and what disposition was made thereof, and all judgments, sentences and fines rendered or imposed by him, and whether collected, and if so, how and when, and all moneys and costs collected or paid, and when, together with a brief statement how and to what extent every judgment, sentence and imprisonment was carried out or complied with. Said docket shall be subject to inspection at all times by the trustees, or any of them, and by any inhabitant of said village, and by any person interested in any matter mentioned therein. The police justice shall collect and receive all fees, fines and allowances that are by law collectible by justices of the peace or courts of special sessions in towns, or that may be imposed or received by him, to enforce the charter or any of the by-laws or ordinances of said village. And at the first meeting of the board of trustees in every month he shall return thereto, in such form as the board of trustees may prescribe, a sworn tabular statement of all such fees, fines, allowances and moneys collected orr eceived by him directly or indirectly during the last month preceding, and with it the receipt of the treasurer of the village, showing the payment of all such fines, allowances, fees and moneys into the village treasury for the benefit of the village, and any omission to render such statement or to pay over any moneys collected or received by him, or any part thereof, before such first meeting of the board in each month, or any false statement, or any intentional omission from such statement of any of said matters of portions of the moneys received by him, shall be sufficient cause for his removal from office by the board of trustees. The board of trustees may

also appoint some justice of the peace of the town of Lyons, who shall at any time when the police justice shall be unable to perform the duties, or any of them, of his office, on account of necessary absence from the village, sickness, or any other cause that does not vacate his office, perform all the duties and have all the powers and be subject to all the regulations herein provided in respect to said police justice, and for such services he shall receive a proportionate share of the salary of said police justice, to be determined by the board of trustees, which amount paid him shall be deducted from the salary of said police justice, and such justice of the peace shall receive no fees, pay or allowances from any source for such services, except such proportionate share of said salary. But said justice of the peace shall make all statements and accounts as hereinbefore provided, for the period during which he shall discharge the duties. of police justice. Said justice, thus designated, shall continue to discharge such duties in the cases herein provided, during his term of office. If both said police justice and said justice of the peace thus designated shall at any time be temporarily absent from the village or · unable to perform the duties of this office, the board of trustees may designate any other justice of the peace of the town of Lyons fo perform the duties of said office during said temporary absence or disability, and he shall receive payment therefor in the same manner and subject to the same regulations, including payment for his services, as herein before provided for the justice of the peace first herein before mentioned, and such justice, thus designated to act in case of the absence and inability of both the police justice and the justice of the peace hereinbefore first designated, shall have all the powers of and be subject to all the rules and regulations concerning said police justice for the time he shall act. But no justice of the peace of the town of Lyons shall receive any fee, emoluments or pay from any source, for the performance of any duties or the issuing of any process of which the police justice by this act has jurisdiction; nor shall it be lawful for any justice of the peace of the town of Lyons to make any charge against said village of Lyons, or the town or county in which the same is situate, for services rendered in or respecting criminal cases, trials or examinations in such village, or where the subject-matter thereof arose in said village, except as provided by this act, as herein before stated, during the sickness, absence from the village or inability to act of the said police justice, or during a vacancy in said office.

§ 3. Section 15 of chapter 388 of the Laws of 1854 is hereby amended as follows:

15. The police constables of said village appointed under this act shall, within five days after their appointment, execute a several bond to the village of Lyons, in such sum and with such sureties, not less than two in number, as the president shall approve, conditioned that he shall faithfully execute the duties of his office, and account for, and pay over all moneys received by him according to law, which bond, with the approval of the president indorsed thereon, shall be filed with the clerk of said village, and such constable shall [SENATE JOURNAL. ]

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perform the duties and be subject to the liabilities and obligations prescribed by law for constables within the limits of said village. Each of said constables shall receive a salary not to exceed $45 per month, and they shall not receive or retain any other fees or emoluments, except they shall be entitled to and receive their actual expenses when incurred in traveling in discharge of their duty in carrying persons to prison, or by direction of the board of trustees in discharge of their duties, to be paid upon a verified account of the items of such expense in detail out of any unappropriated moneys in the village treasury. All costs and charges for their services collected in judgments for penalties or by way of fines or in any manner shall belong to the village and shall be paid to the police justice, who shall return the same, with the fines and moneys collected by him, to the board of trustees, and shall appear in the monthly account of the police justice rendered next after the collection of any such moneys. In case of vacancy in the office of police constable the board of trustees shall appoint to fill the vacancy as provided in section 11 of chapter 388 of Laws of 1884, as amended by section 2 of the act. The said police constables shall have the full powers and duties of constables of towns in regard to criminal process and proceedings, and in addition thereto, all the powers and duties conferred by the charter of the village of Lyons upon the police constables, except in regard to civil process issued by any officer other than the police justice, and they shall perform such other duties as shall be lawfully prescribed by the rules and regulations of the board of trustees, and it shall be the duty of said police constables to serve any and all process and papers issued by the police justice of the village of Lyons, and no other officer or person shall have authority to serve such process and papers. The salaries of the police constables shall be paid monthly out of any unappropriated money in the treasury of the village of Lyons. Each of said police constables shall keep a correct account of such services rendered by him as have heretofore been a town or county charge, and as fast as such services are rendered enter the items thereof with the amount of the fees for the same in a book for the purpose, to be provided by the board of trustees, and which shall remain the property of the village and be kept at the office of the police justice, and such accounts, duly verified and sworn to by the police constable rendering the services, or by the police justice or other person aware of the rendering thereof, shall be presented by the board of trustees at least once a year to the proper town or county auditing boards, which account shall be a charge against the town or county and audited by said boards, respectively, as if made by a town constable as heretofore, and when audited by said town or county boards shall be collected in the same manner as like accounts of town constables and paid to the treasurer of the village of Lyons for the use of said village, except that no extra compensation shall be charged against the town of Lyons for care of prisoners, which said care shall be part of the duty of said police constable, and only such drawback for meals for prisoners shall be allowed against the town as shall

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