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named by the donor; and such corporation shall have full power to take and hold all property which shall have been and also which shall thereafter be granted, given, devised or bequeathed to it as aforesaid for said uses and purposes, and shall possess the powers and be subject to the provisions and restrictions contained in title three of chapter eighteen of part one of the revised statutes. If no name shall have been specified by the donor as aforesaid, the name of the corporation shall be such as the said trustees shall adopt, certify and file in the county clerk's office of the county in which the interested village or town is located. (As amended by Laws 1896, ch. 53.)
§ 3. Eligibility of trustee, etc.
Residents of the interested village or town only shall be eligible as trustees. In case of the death of a trustee or of his resignation, removal from the village or town, removal from office, or inability to discharge the duties of his oflice, his place shall be deemed to be vacant, and may be filled by the remaining trustees; and, in default of their so making an appointment within three months, the appointment to fill the vacancy shall be made by the supreme court, on the petition of any inhabitant of the interested village or town, and after due notice to the other trustees and to the president of the village or supervisor of the town. Said trustees shall be subject to removal by said court for malfeasance or misfeasance in office, upon such notice and after trial in such manner as said court shall direct. (1s amended by Laws 1896, ch. 53.)
§ 4. Management and appropriation of property.
Said trustees shall have the custody and management of all the property of such corporation, and shall appropriate the same, so far as the terms, provisions and conditions of the donations will permit, for providing suitable grounds for such a public park or parks and properly preparing, beautifying, embellishing and keeping up and maintaining the same, or for furnishing and supplying such library with a suitable and proper edifice, rooms, furniture, books, maps, magazines and whatever may be necessary to make, keep up and maintain a good and complete library, or for both purposes, and paying the expenses of the trust. Devising lands donated to the corpo. ration and investing and keeping money invested at interest, and using the rents and interest therefrom for park purposes or library purposes, shall be deemed to be an appropriation of such property for such purposes. (As amended by Laws 1892, ch. 25.)
§ 5. Parks to be free.
All such parks and libraries shall be free and open to the public for use and enjoyment, subject only to such reasonable rules and regulations as the trustees, from time to time, shall adopt and promulgate. (As amended by Laws 1892, ch. 25.)
$ 6. Annual certificate, etc.
All corporations existing under this act, together with their books and vouchers, shall be subject to the visitation and inspection of the justices of the supreme court, or of any person or persons who shall be appointed by the supreme court for that purpose; and it shall be the duty of the trustees or a majority of them, in the month of December in each year, to make and file in the office of the county clerk of the county in which the interested village or town is situate, a certificate under tlreir hands, stating the names of the trustees and officers of such corporation, with an inventory of the property, effects and liabilities thereof, with an affidavit of the truth of such inventory and certificate. Said trustees shall be entitled to such conpensation as said court shall fix. Said court shall also have power to control the discretion of said trustees in determining what property may be demised and for how long; also how much money may be invested and kept invested on interest to produce an income to keep up and maintain the park, parks or libraries, or both; and also in a summary way to determine the reasonableness of any rules and regulations, upon complaint of any inhabitant of the interested village or town, and upon notice to said trustees. (As amended by Laws 1896, ch. 53.)
7. Devises and bequests.
This act shall not be construed or held to authorize any devise or bequest whatever, unless the will was executed at least two months before the decease of the testator or testatrix, nor of more than one-half of the estate of the testator or testatrix over and above the payment of debts, liabilities and expenses, in case he or she shall leave a husband, wife, child, or parent him or her surviving.
LAWS 1901, CHAPTER 624.
AN Act authorizing villages of the fourth class containing a territory of
less than one square mile to acquire private streets as parkways and providing for the maintenance thereof.
$ 1. An owner of land in a village of the fourth class containing a territory of less than one square mile who has laid out a street or streets thereon may dedicate such street or streets, or any part thereof, or an easement therein, to the village for a parkway or parkways, upon such terms, conditions, considerations, restrictions and reservations as he may elect to impose upon such dedication. Upon an offer in writing by the owner to make such dedication, the board of trustees shall meet to consider the matter; and it may, by resolution, determine to accept such dedication upon the terms, considerations, conditions, restrictions and reservations set forth in such dedication. Upon the adoption of such resolution the owner may execute and deliver to the village clerk a proper conveyance of the land within said street or streets to be dedicated or of an easement therein, as the case may be, setting forth the terms, considerations, conditions, restrictions and reservations upon which said dedication is made. Thereupon said village shall hold said lands only as a parkway or parkways and may improve the same, subject to such terms, considerations, conditions, restrictions and reservations and subject also to such rules and regulations the board of trustees of such village from time to time shall adopt for the care thereof and for restricting or excluding from the use thereof not inconsistent with said terms, considerations, conditions, restrictions and res. ervations in said dedication set forth. Provided, however, and only provided that as to each and every resident in any such village and as to each and every freeholder, owner of any land therein, his heirs, grantees and assigns, the right of access in and over any such street, and any and all other easements therein, shall be as full and complete as if the said land had been dedicated as aud for a public street.
$ 2. Any such private street or streets or easement therein may be acquired by any such village for the purpose of a parkway or parkways to be held by any such village as provided by section one of this act, and subject to the rules and regulations of the board of trustees and to the rights of the freeholders and residents in said village as therein provided. Such street or streets may be thus acquired, for such parkway or parkways in the manner and as set forth in sections one hundred and forty-five to one hundred and fifty-eight both inclusive of the village law for laying out, widening, acquiring or discontinuing a street in a village.
$ 3. Upon the acquisition by any such village of any private street or streest for a parkway or parkways as provided by either sections one or two of this act, the board of trustees of any such village shall have authority to improve the same as a parkway or parkways, subject only to the rights and easements hereby conferred upon and any such resident or freeholder, within said village to use the same as streets as fully as if the same had been dedicated or acquired as streets; and to the terms, conditions, restreitions and reservations in any such dedication contained and the board of trustees shall maintain and shall construct and repair driveways through and upon any such parkway or parkways, may construct and repair cross walks upon any such driveways, may construct and repair sidewalks and sidewalk lawns, along and upon any such parkways, may cause such sidewalks to be kept clear of snow and ice and sidewalk lawns to be kept properly trimmed, may keep the land within such driveways clear of rubbish or other accumulations threon, injurious to the use or appearance thereof, and may cause all grass or weeds growing therein to be cut and removed once in each month from May to October, inclusive, may cause such driveways or any part thereof to be sprinkled, and may plant trees and keep the trees within the said lawns or any such parkway or parkways trimmed, and may construct, repair and maintain a sewerage system and sewers through said parkways and permit the same to be used by abutting property owners; and the board of trustees may cause the expense of the proceeding to acquire any such street or streets for the purpose of such parkway or parkways, and the expense for improving or repairing any such driveway, cross walk, or sidewalk, and the expense of removing snow and ice from any such sidewalk, and the expense of keeping such sidewalk lawns properly cut and trimmed, and the expense of cleaning and sprinkling any such driveway and planting and trimming the trees in any such parkway, and the expense of constructing, repairing and maintaining any such sewerage system and sewers, to be paid wholly by the village, or wholly by the owner of the adjoining land, or partly by each, and the provisions of section one hundred and sixty-eight of the village law shall be applicable to any such expenditures made by the board of trustees of any such village and assessed upon the land affected or improved thereby.
4. In any proceeding authorized by section two of this act to acquire any such street or streets for the purposes of a parkway or parkways in the manner and as set forth in section one hundred and forty-five to one hundred and fifty-eight of the village law, the village may exclude from the right sought to be acquired, any property rights in any franchises theretofore granted in any such street or streets and any property rights in any mains or pipes existing under the surface of any such street or streets, and when so excluded the value of said property rights in any such franchises and in any such mains or pipes shall form no part of the damages to be paid for the rights or easements sought to be acquired by the village in such proceedings for the purposes in this act set forth.
THE POLICE DEPARTMENT.
SECTION 180. Jurisdiction of violations of ordinances.
181. Disposition of penalties; fees of justices.
by salaried police justice.
$ 180. Jurisdiction of violations of ordinances.
Jurisdiction to hear, try and determine charges of violations of village ordinances is hereby conferred upon magistrates as follows:
1. A police justice, or in case of his absence or inability to act, the acting police justice has exclusive jurisdiction, in the first instance.
2. In case of the absence or inability to act of both the police justice and the acting police justice, or if the office of police justice does not exist in the village, a justice of the peace of a town including any part of the village has jurisdiction exclusive of any other justice of the peace. .
3. In cases not provided for in the foregoing subdivisions, any justice of the peace has jurisdiction.
[L. 1870, ch. 291, tit. V, § 3; R. S., 9th ed., 2296, L. 1875, ch. 514, $ 2; R. S., 9th ed., 2411.) $ 181. Disposition of penalties; fees of justices.
Every penalty imposed by a justice of the peace for the violation of a village ordinance shall be paid to the village treasurer. In such cases the fees of the justice are a village charge.
(L. 1870, ch. 291, tit. V, $ 3.)
$ 182. Criminal jurisdiction of village police justice.
The police justice of a village may hold a court of special sessions therein and shall have in the first instance exclusive jurisdiction to hear, try and determine charges of a misdemeanor committed within such village and triable by a court of special sessions, subject to the right of removal, as provided by the code of criminal procedure, to a court having authority to inquire by the intervention of a grand jury into offenses committed within the county. Such police justice shall have exclusive jurisdiction to take the examination of a person charged with the commission in such village of a crime not triable by a court of specia! sessions; and also to hear, try and determine charges against a person of being a vagrant or disorderly person within such village, or of having committed disorderly conduct therein; and to take such proceedings in either of such cases as may be taken by a justice of the peace, with all the powers and subject to all the duties and liabilities of a justice of the peace in respect thereto.
. Such police justice shall have all the power and authority and be subject to all the duties and liabilities of a justice of the peace in issuing warrants for the arrest of a person charged with the commission of a crime or disorderly conduct, in a county including any portion of such village, but if the offense is charged to have been committed outside of the village, the person arrested by such process shall be taken before another magistrate of the town in which such offense is charged to have been committed, and the papers upon which such process was issued shall be delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. A person
A arrested upon a criminal warrant issued by a justice of the peace upon a charge of committing a crime or an offense of a criminal nature within a village shall be taken before the police justice of such village, and the papers upon which the process was issued