may be proceeded against according to the present "provisions of law, or according to this act. etc., to be summary. conviction. $17. The said police justice shall have power, and vagrants, it shall be his duty, in all cases of persons brought brought to before him charged with being vagrants or disorderly trial. persons, as the same are defined and designated in the sixteenth section of this act, to proceed summarily and without a jury to try such persons, and hear and determine the alleged offense or charge against the person or persons; and in case of conviction to pun- Penalty on ish such offenders by fine, not exceeding fifty dollars, or imprisonment at hard labor or not, at the discretion of such police justice, not exceeding three months, or in the lock-up in said village not exceeding five days, or by both such fine and imprisonment. $ 18. Said police justice, and also the police constable or police constables, shall respectively keep an account of their fees in criminal business in three classes, viz. first class shall comprise fees which are properly and by law county charges; second class, such fees as are properly town charges; and the third class shall comprise such fees as are properly village charges, under the charter, by-laws and ordinances of said village. The first class shall be paid by the county of Sullivan, provided for by the board of supervisors, as are other county charges; the second class shall be allowed, raised and paid by the town of Fremont, as are other town accounts; the third class shall be assessed, collected and paid as are other village charges. $ 19. The said police constables shall, within ten days after notice of their appointment, and before entering on the duties of their office, take, before the president or clerk of said village, the ordinary oath of office, to be filed with the clerk of said village, who shall certify their appointment to the county clerk of Sullivan county. Said police constable shall also give the same security required of constables elected in towns, to be approved by the president or clerk of said village, and filed with said clerk. Police constable to count of justice and keep ac fees, etc. Oath of police office of constable $20. The police constables shall have such powers Powers of and be subject to such liabilities as herein provided. It shall be his duty to obey such orders as he may Duttes of. Trustees, ex-officio, police constables. Who to do duty in absence of police Justice. from time to time receive from the president of said village, regarding his duty to report to the president of said village all violations of the corporation ordinances, with the names and residences of the witnesses; to preserve the public peace; to attend public assemblages in said village; to be vigilant for the prevention and discovery of crime, and to report to the president all crimes and offenses committed in said village; to arrest all persons in the actual commission of crimes, misdemeanors and breaches of the peace, vagrants and disorderly persons; to execute all criminal process issued by the police justice; to report to the president all suspicious persons, houses of ill fame, gaming-houses, and all places where idlers, tiplers, gamblers and other disorderly and suspicious persons congregate; said police constables shall also act as watchmen in the night, whenever the trustees, or a majority of them, shall require it, and they shall be entitled to receive pay for such service; one of said constables to be designated by the president of said village, shall be keeper of the lock-up, and have charge of the persons confined therein. The police constable shall be entitled to the same fees as other constables, for services in like case, and such sum in addition thereto as a majority of the trustees of said village shall see fit to award, to be paid out of the treasury of said village; which sum may be raised by tax on said village. S21. The trustees of said village, for the time being, shall be, ex officio, police constables, and shall have power, without process, to arrest and bring forthwith before the police justice, any person or persons guilty in their presence of violating any of the provisions of this act, or committing any crime or misdemeanor, or disturbing the peace of the village. Said trustees may also appoint special police constables, with all the powers given to police constables by this act, whenever they may deem the same necessary to preserve and protect the public peace. $ 22. In case of absence from the village, inability to serve, or vacancy in the office of police justice, any justice of the peace, residing in said village or town of Fremont shall possess all the powers hereby conferred on said police justice. police S23. In case the said police constables shall fail Removal of from negligence or willfulness to discharge their Justice. duties as provided by this act, or to obey the directions of the president of said village, the trustees of said village, or a majority thereof, shall have power to remove them from said office by warrant under their hands, filed with the clerk of said village, and may appoint other persons to fill the vacancies occasioned by such removal, $ 24. All that part of the town of Fremont, Sullivan county, and the town of Hancock, Delaware county, included within the bounds of said village, is hereby declared a separate road district, and the trustees of said village shall, within the limits of said village, exercise all the powers, and be subject to all the duties and liabilities of commissioners and overseers of highways of towns, in like cases; and the jurisdiction of the commissioners of highways of said towns, within the limits of said village shall cease. village sepdistrict. arate road Assessment and collec taxes. $25. The taxes directed to be raised by this act, shall be assessed and collected in conformity, as far tion of as may be, with the provisions of law in respect to the assessment and collection of taxes by town assessors and collectors. $ 26. It shall be the duty of the said trustees to appoint, from time to time, one of their number president of said village; to carry into effect every resolution adopted by the inhabitants of said village; to provide for the safe custody and preservation of the public property of said village; to fix the penalty and determine the sufficiency of the official bonds of the treasurer and collector of said village; to examine the accounts of the treasurer from time to time, and prescribe the manner of paying out and accounting for money received by said treasurer; to audit accounts against said corporation, and to direct the payment by said treasurer; to issue, under their hands, warrants for, the collection of taxes, directed to be raised according to the provisions of this act, which shall be returnable within sixty days from the time of issuing the same, and may renew such war President. Powers and duties of trustees. Assessor. Duty of Collector, bond of. rant for any tax not collected; to prescribe the duties of $27. Whenever the inhabitants of said village shall direct any sum of money to be raised according to any provision of this act, by tax, it shall be the duty of the assessor of said village to assess all the real and personal property in said village, and make out a complete assessment roll of such tax in the manner, as near as may be, prescribed for making assessments by town assessors, and shall deliver the same to the trustees aforesaid, within thirty days after the meeting at which such tax is directed to be raised. $28. Before any collector of said village shall receive any warrant for the collection of taxes, he shall execute a bond to such village by its corporate name, and deliver the same to the president of said village, with sufficient surety or sureties, to be approved by the said president, by a certificate of approval signed by him, for the faithful performance of his official duties; and if he shall neglect to deliver said bond to said president, for two days after being notified by said president or trustees to do so, his office shall be vacant. Within the time prescribed in any such warrant, delivered to such collector for the return thereof, he shall return the same to the said president, and shall pay over to the treasurer of said village all the moneys collected thereon. $29. Whenever the collector of said village shall, after the expiration of the time specified in his warrant for the return thereof, return under oath that he can find no property in said village out of which any tax mentioned in said warrant can be collected, the said president or trustees, or either, may, in the name of said corporation, prosecute the person or persons liable to pay such tax before any justice of the peace of the town of Fremont, and recover the amount with the cost of the action. when cormay sue for poration unpaid tax. Tax a llen state. on real treasurer. $ 30. All taxes levied by virtue of this act shall be a lien upon the real estate upon which they are levied, and be collected in the same manner as town and county taxes are collected under the statute. $31. The treasurer shall give bond, with approved Bond of security, to said trustees for the faithful performance of his duty. $32. The said treasurer shall keep an accurate To keep account of all money received and paid by him, and shall, whenever called upon by the trustees, and at least once in each year, exhibit all books, vouchers and other matters appertaining to his office as treasurer of said corporation; and no money shall be paid out by him, except by order of a majority of said trustees. account, books, etc., exhibit etc. duties of $ 33. The clerk of said village shall have the cus- Clerks, tody of the records, books and papers of said village, subject to the order of a majority of the trustees; he shall record, in the manner prescribed by said trustees, their by-laws, regulations, proceedings and resolutions, and proceedings of meetings of the inhabitants of said village; he shall attend all such meetings except the first, and shall keep a poll list of the persons voting at the same for village officers; and in case of the absence of said clerk, the person or persons presiding at any such meeting shall appoint some suitable person to perform such duties in his stead. |
