Election and acts of police justice confirmed.

Separate election of

certain wards.

three which relates to the town of Castleton and the New Brighton road commissioners, is hereby repealed."

S4. The election of Theodore C. Vermilye as police justice of the village of New Brighton, held on the twenty-second day of May, eighteen hundred and sixty-six, and the acts performed by him as such police justice are hereby legalized and confirmed.

$5. Section three of title two of said act is hereby amended so that the last clause of said section shall read as follows:

"The first separate election of trustees for the trustees for first and third wards, under this act, shall be held on the second Tuesday in June, eighteen hundred and sixty-eight, and for the second and fourth wards on the second Tuesday in June, one thousand eight hundred and sixty-nine."

Police justices, duties,

$ 6. Section five of title two of said act is hereby amended so as to read as follows:

§ 5. Said police justice shall reside and keep an office powers, etc. within the village of New Brighton, and it shall be the duty of the trustees to provide a suitable court room within said village, and said police justice shall regularly hold court therein every day (Sundays and legal holidays excepted). It shall be the duty of said police justice to be in attendance at his court room, and ready for the transaction of business daily, as above, from ten o'clock in the forenoon to three o'clock in the afternoon, and at such other hours as he may deem proper. The jurisdiction of said police justice shall be the same as that now possessed by justices of the peace in the town of Castleton, in both civil and criminal cases, and said police justice shall have power, within said village, and it shall be his duty to hear, try, determine and render judgment in all civil and criminal cases, special proceedings, matters and things, in all respects, as justices of the peace now have power to do in Richmond county, and to issue warrants for the apprehension of criminals and those suspected of or charged with crime, and in proper cases, to bind the prisoner over for trial at a higher court, and also to issue summons, subpoenas, venires, and any and all other writs necessary and proper for the full execution of the powers hereby

conferred upon him, and to enforce obedience to said several writs the same as justices of the peace can now do. The form and substance of the several writs and processes issued by said police justice, in all cases, shall be the same, as near as may be, with those now issued by justices of the peace, and shall be returnable within the same time; and said police justice shall be entitled to charge the same fees in civil cases as justices of the peace. The keeper of Richmond county jail, and all other officers of said county, as well as those of the town of Castleton, are hereby required to obey and give the same force and effect to all the orders, commitments, judgments and decrees of said police justice as though the same were issued by a justice of the peace. An Appeal appeal may be taken from all decisions of said sions of police justice, in both civil and criminal cases, to the same court, and whenever an appeal would lie from a like decision made by a justice of the peace. Said police justice, and any justice of the peace acting in his stead, as hereinafter provided, shall, on the Monday of each week, pay over to the treasurer of the village all fines and penalties recovered and received by them, respectively, during the preceding week. Said police justice shall have, within said county, the same power and authority as a justice of the peace of said county to administer oaths and affirmations, and to take and certify acknowledgments.

$7. Section eight, of title two of said act, is hereby amended so as to read as follows:

"48. It shall be the duty of any justice of the peace of said town of Castleton, in case of sickness of the police justice of the village of New Brighton, or his absence from the village, or inability to act, or during a vacancy in said office, and upon the written request of the president of the board of trustees, to hold police court in the court room where said court is usually held, for such time as said president shall designate, but only until said police justice shall be ready to hold court, and such justice of the peace so holding said court shall be entitled to receive therefor the same amount, as fees, as said police justice would

from deci

who to do of absence, lice justice.

duty in case

etc., of po

Time of annual election.

Powers of trustees as to cattle at large, etc.

be entitled to receive for the same number of days' salary. All money so paid to any justice of the peace shall be paid out of the village treasury, and shall be deducted from the salary of said police justice, but no justice of the peace shall be entitled to, or shall receive any fees or compensation for any criminal business of any kind performed or arising, or when the offense is charged to have been committed within said village, except as above provided. No person or property within said village shall be taxed to pay the fees of any justice of the peace or constable, for services of any kind in any criminal action, and any court of competent jurisdiction shall, on application, restrain the collection of the same by injunction or otherwise."

$8. Section ten, of title two, of said act is hereby amended so that the first clause of said section shall read as follows:

"10. The annual election shall be held on the second Tuesday in June of each year."

$ 9. Section one, of title three, of said act is hereby amended so that the last clause of the first paragraph of said section shall read as follows:

"They shall also have power within the village, and it shall be their duty."

10. Section one, of title three, of said act is hereby further amended so that the seventh, ninth, eighteenth, nineteenth and twentieth subdivisions thereof shall read as follows:

7. To restrain and prevent cattle, horses, sheep, swine, goats, geese and all other animals from going at large or grazing in the roads, streets and public places of the village; to purchase or lease suitable plats of ground, or otherwise to erect, maintain or provide, two pounds in convenient places in the village; to appoint two pound-masters and fix their compensation; to cause animals impounded and not redeemed within a time to be fixed by the board, to be sold to pay the penalties and charges, or, in their discretion, to proceed against the owner or owners of such animals by action for the recovery of such penalties as may be imposed by any by-law or ordinance of the board of trustees prohibiting the same,

As to erec
able fences

tion of suit

on highway.

together with costs of suit. Any person allowing
any cattle, horses, sheep, swine, goats, geese, or any
animal belonging to him or her, to run at large in
the roads, streets or public places of said village,
shall be liable to a fine of one dollar per head, over
and above all penalties prescribed by the trustees, for
each and every animal so permitted to run at large,
to be recovered and retained by any resident of the
village before the police court of said village or any
justice of the peace. The trustees are hereby author-
ized to require the owner or owners of any land
bordering on any highway of said village, to erect
and maintain a suitable fence along the line of such
highway, and in case of the neglect or refusal of such
owner or owners to erect such fence within a reason-
able time to be fixed by the board, said trustees are
hereby authorized to cause the same to be erected,
and the cost thereof shall be a lien upon the land so
fenced, and may be recovered by action against such
owner or owners by suit before any court or the
police justice of the village, whatever the amount
may be, or may be collected in the same manner as
provided for the collection of taxes in said village.
Any person convicted, in due course of law, of will- Penalty for
fully tearing down, removing or injuring any fence fence.
within the village, shall be deemed guilty of a misde-
meanor, and shall be punished by a fine not exceeding
one hundred dollars, or by imprisonment in the county
jail not exceeding thirty days, or both, in the discre-
tion of the court.

injuring

Marshal
men.

and police

9. To appoint and remove at pleasure one marshall for the village, and such policemen as may, in their judgment, be necessary, not exceeding three for each ward. Said marshal and policemen shall have and exercise, within said village, all the powers which Constables now have in Richmond county, and which policemen now have within the metropolitan police district, and in criminal cases shall also execute all writs, processes and judgments of the police justice, or of any justice of the peace acting instead of said police justice, as hereinbefore provided, and all lawful orders of the president and of the board of trustees. The compensation of such marshal shall be fixed by Pay or

Superintendent of

poor.

Lighting streets.

Auditing of claims.

the board of trustees at the time and in the manner herein provided, but shall not exceed one thousand dollars per annum for all services performed by him, and the pay of the policemen shall not exceed two dollars each for one day and night. The salaries of the marshal and policemen hereby authorized shall be paid out of the village treasury.

18. The board of trustees shall have power, and it shall be their duty to appoint one superintendent of the poor for said village, whose salary shall be fixed by the board, not exceeding one hundred and fifty dollars per annum. Said superintendent shall hold office one year, subject, however, to removal at any time by the board of trustees, and shall have the same powers and duties as are now possessed by superintendents of the poor in the town of Castleton, and, in addition thereto, shall render to the board of trustees, monthly, an account of all his acts as superintendent, of all money disbursed by him and of all relief orders given out during such month. The keeper of Richmond county poor-house shall receive and support, at the expense of the county, all paupers sent by said village superintendent of the poor. No person, except the superintendent to be appointed as aforesaid, shall, after the passage of this act, have power to act in any manner as superintendent of the poor within said village.

19. The board of trustees shall have power to order, by resolution, the lighting of any street within the village; but every such resolution shall be concurred in by all four of the trustees before the same shall take effect. After the passage of any resolution, as above provided, directing the lighting of any street, the board of trustees may contract for the erection of lamps, and the lighting of any street included in such resolution. One-fourth of the expenses for erecting lamps and of lighting said street shall be assessed by the board upon all the property on the street so lighted, and the other threefourths shall be assessed upon all the taxable inhabitants and property in the village.

20. The board of trustees shall have exclusive. power to audit all claims against the village of New