Ballots, how indorsed. Trustees ed to levy and col lic and conspicuous places in said village, and by publication in all the newspapers of said village, once a week for two weeks. The polls at said election shall be open during the same hours, and such election be in all things conducted as are the annual elections for trustees in said village. The ballots received at said election shall be indorsed "water-works," and in order to be canvassed shall contain the words "in favor of bonding for water-works," or the words "opposed to bonding for water-works." If a majority of the ballots so canvassed shall contain the words "in favor of bonding for water-works," then the approval above mentioned shall be considered as being obtained. A certifi cate of the result of said election shall be filed by the canvassers thereof, in the office of the county clerk of Queens county, within five days after said election. In case at the election so held, the approval aforesaid shall not be obtained, it shall be lawful for said trustees to call and hold subsequent elections, in all respects to be called and conducted as prescribed for said first election, but no such succeeding election shall be held within six months of the time of holding a preceding election under this act. § 13. This act shall take effect immediately. Chap. 41. AN ACT to authorize the trustees of the village of Clyde, Wayne county, New York, to raise by tax the sum of twelve hundred dollars, wherewith to pay the indebtedness existing against said village. Passed February 15, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The trustees of the village of Clyde, in empower the county of Wayne, are hereby authorized and empowered to levy and collect by tax, upon the real and personal property within said village of Clyde, the sum of twelve hundred dollars in addition to the amount tional sum to pay in ness of now authorized by law to be levied and collected by debted! tax within said village of Clyde, for the purpose of village. paying and satisfying the indebtedness now existing against said village. Said tax to be levied and collected at the same time and manner, and to be included in the same tax list, with the taxes now authorized by law to be levied and collected within said village of Clyde for the year eighteen hundred and seventy-two. §2. This act shall take effect immediately. Chap. 42. AN ACT to authorize the election of a police justice in and for the village of Flushing, Queens county, and to prescribe his duties and compensation, and regulating charges in criminal proceedings in said village. Passed February 16, 1872; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: elected arst Tues day of May, 1872, and every thereafter annual SECTION 1. An election shall be held in the village Police jusof Flushing, Queens county, on the first Tuesday of tice to be May, eighteen hundred and seventy-two, at the town hall in said village, for a police justice for said village, who shall hold office from the first day of June, eighteen four years hundred and seventy-two, up to and including the at the thirty-first day of December, eighteen hundred and election of seventy-six, or until his successor shall be duly elected trustees. and qualified. At the annual election for trustees of said village held in the year eighteen hundred and seventy-six, and every four years thereafter, there shall be elected a police justice for said village, whose term of office shall commence on the first day of January succeeding his election, and continue four years. Said elections shall be held during the same hours, and in all respects in the same manner as elections for trustees in said village are now held according to law. Before entering upon the duties of his office, the said police justice shall take and subscribe the oath required by the twelfth article of the Constitution, which oath may His jurisdiction. He shall reside in of Flush be administered by any officer lawfully authorized, and shall be filed with the clerk of the town of Flushing. § 2. The said police justice shall have jurisdiction to issue all warrants, hear and determine all complaints, and to conduct all examinations and trials in criminal cases that may now by law be tried by a justice of the peace or by a court of special sessions; and shall have the same power and jurisdiction in criminal eases which justices of the peace now have by law, or which may hereafter be conferred upon justices of the peace by law, and shall be subject to the same duties and liabilities as the justices of the peace of the several towns of the State, and shall have exclusive jurisdiction in all cases of violations of village ordinances of said village. § 3. The said police justice shall reside in the said the village village of Flushing, and in case of his removal therefrom, his office shall be deemed vacant. He shall attend at the court room in the town hall in said village at nine o'clock in the morning of each day except Sundays, holidays and such other days as may hereafter be excepted by the trustees of said village, and at such other times as may be necessary for the proper performance of the duties of his office, and shall hear all complaints of a criminal nature which may be brought before him. When any warrant granted by the said police justice shall be returned during his absence from the said village for more than one day, or during his sickness or inability to act, or during a vacancy in said office, any further proceedings on such warrant may be had before any justice of the peace residing in the town of Flushing. ing. Shall hold court, ex cept Sun days and such other days, holi days as trustees shall except. Duties of justices of the peace during absence, etc., of police justice. § 4. It shall be the duty of the several justices of the peace of the town of Flushing, during the sickness, absence from the village or inability to act, of the said sickness, police justice, or during a vacancy in said office, to render the same service, perform the same duties, and be entitled to receive the same fees therefor as though this act had not been passed. But it shall not be lawful for the said justices of the peace to make any charge against the village or town of Flushing or county of Queens for services rendered in or respecting criminal cases, trials or examinations in said village of Flushing, or in cases where the alleged crime or misdemeanor was committed within said village of Flushing, except as hereinbefore stated during the sickness, absence from the village or inability to act of the said police justice, or during a vacancy in said office. 5. The constables of said town and marshals of said village shall receive the same fees from the county, town or village, in all cases brought before said police justice, as they now receive by law in similar cases before justices of the peace, but shall make no charge against the village or town of Flushing, or county of Queens, for services rendered in or respecting criminal cases, or examinations, in said village of Flushing, or in cases where the alleged crime or misdemeanor was committed within said village of Flushing, if such cases or examinations be before any justice of the peace of said town, except as hereinbefore stated, during the sickness, absence from the village, or inability to act, of the said police justice, or during a vacancy in said office. Fees of constables and mar shals. how filled. § 6. Whenever any vacancy by death, resignation, Vacancy removal from the village, or inability to discharge the duties of the office, shall occur in the said office, the trustees shall order an election to fill such vacancy, at the next annual election for village officers; and, in the mean time, may fill the vacancy by appointment, or may designate any one of the justices of the peace of the town in which said village is situated, to perform the duties of police justice until such election shall have been held. police § 7. The said police justice shall receive, in lieu of Salary of fees and other perquisites, an annual salary or compen- Justice. sation of fifteen hundred dollars, to be paid to him quarterly, which (or so much thereof as shall remain due to him) shall be a charge upon the said village of Flushing, and audited and allowed in the same manner as other village charges. justice to record. 8. It shall be the duty of said police justice to pro- Police vide, at the expense of the village, a suitable book, and keep therein to enter and keep a record of the several complaints made before him, in which a warrant or other process for the arrest of any person shall be granted, To make report. and of all cases in which the offender 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 imposed and collected by him, or which may be ordered to be paid by any offender, which book shall be the property of the village of Flushing, and shall be open to the inspection of any qualified elector thereof, upon request made to the said police justice, and shall be delivered over to his successor in office. On the first day (except Sunday) of each month he shall make a report in writ ing of all fines imposed and collected by him during the preceding month, and file the same with the clerk of the village of Flushing, who shall forthwith publish the same in a newspaper published in said village; and the said police justice on the same day shall pay over to the treasurer of said village the total amount of all fines imposed and collected by him during the precedPenalty ing month as shown by said report. Any failure by the said police justice to keep the book and make the entries and records herein before required, or any refines, etc. fusal or failure at all reasonable times, and particularly at all times during the sitting of the court to be held by him, to produce said books and records for the inspection of any elector of said village on demand by him made, or refusal to allow such elector to take such abstracts therefrom as he may desire, or any failure or refusal by such police justice to pay over all fines collected by him to the treasurer of said village within five days after the time hereinbefore fixed for such payment, shall be a misdemeanor, punishable by a fine not exceeding two hundred and fifty dollars, or imprisonment not exceeding thirty days, in the discretion of the for neglect to keep record, pay over Shall be liable in a action for court. § 9. And the said police justice shall also be liable in civil any court of record at the suit of the trustees of the village of Flushing, from time to time, to pay to the treasurer of said village, for account of the said trustees, three times the amount of all fines collected by him, and which he shall fail to account for, fines collected by him. |