tees to make fied for performance, cause a copy of such resolution and notice, to be published in one or more of the newspapers printed in said village, for at least two weeks. Affidavits of the service and publication of such order and notice, shall be filed in the office of the clerk of When trus- said village. In case such sidewalk, or such flagging or curbing, shall not be made or completed as required, within the time limited, the trustees shall have power to go on and make or complete the same, and the expense of so doing shall be a charge against the owners or occupants, respectively, of such real estate, on and adjoining which the sidewalk shall be so constructed or improved by said trustees. sidewalks. On what ex- To whom assessments to be paid, and within what time. S57. The expense of making or completing any improvements, as in the last preceding section provided, shall be a lien on the real estate adjoining the sidewalk on which any such improvement shall be made; and whenever said trustees shall do anything to or upon any sidewalk, or to or upon any real estate, at the cost or expense of the owner or occupant of any premises, as herein provided, such cost and expense shall be a lien upon the real estate, to or upon which any such thing was done, or upon the real estate adjoining any sidewalk to or upon which any such thing was done, and the costs and expense mentioned in subdivisions eleven and twelve, of section twenty-one of this act, shall be a lien on any real estate of such companies situated in the village of Johnstown, and all assessments for any improvements under the provisions of this act, shall be a lien upon the real estate upon which such assessments shall respectively be made. Every such lien shall take effect from the time of the confirmation of such assessment, or the auditing of such costs and expenses. $58. All such assessments for improvements, made as aforesaid, by commissioners, assessors or trustees, and the costs and expenses, shall be paid to the treasurer of the village within such time as the trustees may prescribe, not less than six days; and if the same, or any part of the same, shall remain unpaid at the expiration of the time so limited, the said trustees may proceed to collect the same by of unpaid sale, &c. selling any premises or real estate upon which the collection amount so remaining unpaid shall be chargeable or a taxes by lien, in the same manner and with like effect as if such assessments, or such costs and expenses, were an assessment for a general tax under the provisions of this act; or the said trustees may, in their discretion, sue for and recover any sums which shall remain unpaid as aforesaid, in a civil action, and upon any judgment recovered in such action, execution may issue in the same form and with like effect, and as an execution upon a judgment for a fine or penalty under the provisions of this act. ad litem. $59. Whenever any infant or other incompetent Guardian person shall be interested in any real estate affected by any improvement under this act, the county judge or surrogate of Fulton county shall have power to appoint a guardian ad litem, to protect the interest of said infant or other incompetent person; such guardian shall be entitled to receive for his services a sum not to exceed five dollars, and no other costs or fees. establish plant trees, $60. The said trustees shall have power to estab- Trustees to lish the grade and width of all streets, lanes, alleys, grades, highways and sidewalks in said village, and cause &c. the same to be made and repaired in conformity thereto, and to plant or regulate the planting of ornamental trees in the streets of said village, provide for their preservation, and trim or fell or remove the same, whenever they deem it necessary or proper; or they may cause the owner or occupant of any premises to remove any such trees which shall be an obstruction to any sidewalk, and in case of his neglect or refusal so to do, they shall have power to cause the same to be done at the expense of such owner or occupant. TITLE VI. OF THE POLICE DEPARTMENT. $61. The police justice shall have and is hereby Police jus vested with the same powers and jurisdiction in all tice. actions and proceedings, as is now possessed by or conferred upon justices of the peace of the several Persons violating ordinances. Vagrants. Who to be deemed vagrants. counties in this State, and shall be subject to all their liabilities and disabilities. $ 62. Every person arrested under or by virtue of the charter of said village, or any ordinance or bylaw thereof, shall be taken without unnecessary delay before such police justice, or justice of the peace, residing in said village, to be dealt with according to law. $63. When any person charged or complained against as a vagrant, or disorderly person, under the provisions of this act, shall be arrested and brought before such police justice or justice of the peace, he shall proceed forthwith to hear, try and determine the complaint or charge upon which such person is so arrested, or he may in his discretion adjourn the hearing or trial, on cause shown, not to exceed ten days, and in the mean time shall commit the accused to jail, or take bail that the accused will appear on such adjourned day. And upon conviction of any such offender, either upon confession or competent testimony, the said police justice or justice of the peace shall have full power, and he is hereby authorized to punish such offender by fine not exceeding fifty dollars, or by imprisonment in the county jail of Fulton county not exceeding six months, or by both such fine and imprisonment. $ 64. All habitual drunkards in said village shall be deemed vagrants under the provisions of the second title of the twentieth chapter of the first part of the Revised Statutes, and may be proceeded against accordingly, and in addition to the persons mentioned and described in the fifth title in the twentieth chapter of the first part of the Revised Statutes, all persons who shall be intoxicated in said village under such circumstances as to amount to a violation of public decency, all persons who shall indecently expose their persons in said village, all persons who shall by noisy, tumultuous or riotous conduct disturb the quiet and peace of said village, all persons who shall willfully give, or assist in giving a false alarm of fire, all persons who shall use any vulgar, profane or obscene language or conduct, in any street or public place in said village, all persons. persons who shall sell intoxicating liquors without license in said village, all persons who shall neglect or refuse to report cases of a contagious or pestilential disease, in pursuance of the regulations of the board of health, all persons who shall be guilty of Disorderly immoderate driving, or racing horses, on any of the streets in said village, all persons who shall have incited or induced dogs to fight in any street or public place in said village, or who shall permit any unmuzzled, ferocious or vicious dog, to be at large in any street or public place, all persons who shall be guilty of using or shall use any threatening, abusive or insulting language or behavior, tending to provoke a breach of the peace, or whereby a breach of the peace may be occasioned, all persons who shall willfully break, mar, injure or deface any building, fence, awning, sign, sign board, tree, shrubbery, or other thing, or any of the public property of said village, all persons who shall remove from, or pile up before any door, or on any sidewalk or street, boxes, casks or other thing, for the purpose of annoyance or mischief, or who shall willfully tear down, destroy or mutilate any notice or handbill lawfully posted up in said village, all persons who shall willfully rub or throw any liquid, ink or other substance, or any paint, missile or thing upon, or against any building or fence, or through any window, in said village, all persons who shall have abandoned, or shall neglect to provide for their families, all persons who at the time of any fire in said village, shall be guilty of any insubordination, or any disorderly conduct, or shall attempt to obstruct the operations of the fire department, or to excite insubordination in others, or shall willfully neglect or refuse to obey, or attempt to prevent or obstruct the execution of the orders of the proper officers, shall be deemed and are hereby declared to be, disorderly persons in said village, and shall be proceeded against and punished accordingly; and any person charged with any offense specified in this section, which is by existing law a crime or misdemeanor, may be proceeded against under the present or existing provisions of law, or under the provisions of this act. How they ceeded may be pro against. Actions by village. $ 65. All actions brought to recover any penalty or forfeiture incurred under this act, or under any ordinance or by-law made in pursuance thereof shall be brought in the corporate name of said village, and in such action it shall only be necessary to allege in the complaint that the defendant is indebted, in a sum, stating the amount, and referring to the section or sections of this act, or of the by-law or ordinance under which the penalty is claimed, and to give the special matter in evidence; and the defendant may answer by denial, general or specific, and give the special matter in evidence. The first process in any action under the provisions of this act, or any ordinance or by-law made in pursuance thereof, may be by warrant, and every such process shall contain an indorsement, stating that the same is issued to recover a penalty, and referring to the number of the section or sections of the law, or ordinance or by-law under which the penalty is claimed, and no other indorsement shall be necessary. All expenses incurred in proceedings for the recovery of any fine, penalty or forfeiture, shall be defrayed by the corporation, and all such fines, penalties, forfeitures and costs, when collected shall be paid to the treasurer for the use of the village, except as herein otherwise Judgments. provided. When judgment shall have been recovered for any such fine, penalty or forfeiture, the execution issued thereon shall direct, that if the person or persons against whom the judgment shall have been recovered have no property whereof the judgment can be collected, such person or persons shall be imprisoned in close custody, in the jail of Fulton county, for a term to be specified in such execution, not exceeding sixty days, and it shall be executed accordingly. When com plainant to pay costs. $66. Whenever, in the opinion of the police justice or justice of the peace, a complaint shall have been made without probable cause, he may impose the costs and expenses of the proceedings upon the complainant, and enforce the collection thereof as in other cases. $67. It shall be the duty of the police justice or justice of the peace, whenever requested by the trus |