« AnteriorContinuar »
delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. The term “proceeding” as used in this article also includes a special proceeding of a criminal nature.
[L. 1870, ch. 291, tit. III, § 17; R. S., 9th ed., 2289, L. 1875, ch. 514, § 2; R. S., 9th ed., 2411.)
Police justices have such jurisdiction, and such only, as is specially conferred upon them by statute. The courts held by police justices are called police courts and courts of special sessions are also called police courts, and are so designated in different parts of the Code. (Criminal Code.)
Where the village has not established the office of police justice the justices of the peace of the town have jurisdiction of offenses of the grade of misdemeanor committed within the corporate limits. The People v. Lovell, 21 Misc. 570. There is no provision of law which requires the board of trustees of a village to provide the police justice of the village with a permanent court room for the trial of police court actions arising before him; but under circumstances which required an extended and important trial with many witnesses for a considerable period of time the justice might be justified in procuring at the expense of the village a suitable room for that special occasion. The People ex rel. Hoffman v. The Pres. and Bd. of Trustees of the Village of Nyack, 18 App. Div. 318.
$ 183. Records of police justice.
The board of trustees shall provide the police justice with suitable books in which he shall keep a record of all actions or proceedings for violations of village ordinances and of criminal actions and proceedings, had or tried before him, or in a court of special sessions, held by him, which record in each case shall contain the names of the complainant and defendant, a statement of the nature of the offense charged and, under the proper dates, the proceedings therein, the minutes of all courts of special sessions held by him, and an accurate account of all fines, penalties, fees, expenses and costs imposed, received or ordered paid by him, in all such actions and proceedings.
(L. 1875, ch. 514, § 3, without change of substance.)
§ 184. Compensation of village police justice.
If the police justice of a village shall not be paid a salary, he shall be entitled to receive for his services the same fees as a justice of the peace for like services, to be paid in like manner, except that his fees in proceedings on account of violations of the village ordinances, shall be paid by the village.
The board of trustees may determine that the police justice shall be paid a salary instead of fees, and may fix the amount thereof, and such salary shall not be increased or diminished during his term of office. Such salary shall be paid in equal monthly installments by the treasurer, except that a ratable proportion shall be deducted from his salary because of any failure to perform his duties. The amount of such deduction shall be determined by the board of trustees and paid by the treasurer to the acting police justice or other justice who shall have acted during such period. Such police justice and acting police justice shall each report to the board of trustees at the first regular meeting thereof in each month, the time, if any, during the next preceding calendar month that the police justice of such village failed to perform the duties of his office and the time during which the acting police justice or other justice performed such duties.
(L. 1870, ch. 291, tit. III, § 19, Code Crim. Pro. $ 78.)
8 78. Compensation of justice.
A police justice cannot retain to his own use any costs or fees, but may receive for his services an annual salary, to be fixed in villages by the board of trustees, and in cities by the common council, except where the same is otherwise fixed by law; and such salary shall not be increased or decreased during his term of office. (Criminal Code.) § 185. Accounts, reports and payments of fees and fines by sala
ried police justice. If the police justice of the village is paid by salary, he shall not receive for his own benefit any fees, costs or expenses in any action or proceeding, but shall demand and receive the same fees, costs and expenses therein, as are provided by law to be paid to a justice of the peace of a town, and shall keep an account there of and of fines and penalties paid to him. All such costs, fees and expenses and all penalties or other money so paid to him in a proceeding for or on account of a violation of an ordinance of the village during any calendar month shall be paid to the village treasurer before the first regular meeting of the board of trustees in the next succeeding month. All other fees, costs, expenses, fines or penalties so collected shall be paid over and accounted for in the same manner as moneys collected by a justice of the peace in like cases. He shall, prior to such meeting in each month, file with the village clerk a complete, detailed and verified statement of all moneys payable to the village treasurer, which were received by him during the last preceding month, with the written receipt of the treasurer therefor attached thereto. No order for the salary of such police justice shall be drawn until such monthly statement and receipt are filed with the clerk. He shall keep an account of all fees in criminal actions and proceedings, which would be payable to him if he were not paid a salary, and which are a town or county charge, and shall present claims for such fees against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the treasurer of the village, who shall collect the amount thereof.
[L. 1870, ch. 291, tit. III, § 19; R. S., 9th ed., 2290,
$ 186. Civil jurisdiction of police justice.
The police justice shall have the same jurisdiction as a justice of the peace of a town in civil actions to recover a penalty or forfeiture, payable to the village. The town clerk of each town in which a village or any part thereof is situated, shall furnish to such police justice, jury lists in the same manner as to the justices of the peace of his town.
(L. 1870, ch. 291, tit. V, § 3, L. 1881, ch. 615, 8 3.)
$ 187. Acting police justice.
The board of trustees of a village in which the office of police justice is established shall designate a justice of the peace residing in the village, if any, and otherwise, a justice of the peace residing in the town in which the village or a part thereof is situated, as acting police justice of the village. During the absence or inability of the police justice to perform the duties of his office, the acting police justice has all the powers and is subject to all the liabilities of a police justice within the village.
(L. 1875, ch. 514, $ 2.)
$ 188. Village policemen.
The president, each trustee and the street commissioner are ex officio members of the police department, and have all the powers conferred upon policemen by this article. The board of trustees, or if a municipal board continued by section sixty-nine, now acts as police commissioner, such board may appoint and fix the terms, not extending beyond the current official year, of one or more village policemen, one of whom may be designated as chief of police.
[L. 1870, ch. 291, tit. II, § 4; R. S., 9th ed., 2270,
$ 189. Powers and duties of policemen.
The policemen so appointed shall have all the powers and be subject to the duties and liabilities of constables of towns in serving process in any civil action or proceeding to which the village is a party, and in serving warrants, subpænas or other process in criminal actions or proceedings, for or on account of crimes committed within the village, and in making arrests therefor, or for violations of village ordinances. Except in case of the absence or other disability of a village policeman, such powers shall be exclusive of any constable of a town, in serving all warrants, subpænas or other process issued by the police justice, acting police justice, or justice of the peace, for or on account of an offense or a violation of an ordinance committed within the village.
(L. 1870, ch. 291, tit. V, $ 4; R. S., 9th ed., 2297, as am. by L, 1896, ch. 457.]
$ 190. Fees, salaries and expenses of policemen.
The board of trustees may determine that each village policeman shall be paid a salary instead of fees and may fix the amount thereof. A village policeman shall receive the same fees as constables of towns for similar services, to be paid in like manner, except that his fees for services in proceedings on account of a violation of a village ordinance shall be paid by the village. If a village policeman receives a salary all fees collected or received by him belong to the village and he must account therefor and credit the same upon his salary. A village policeman shall not receive any present or reward for his services other than his fees or salary, except by the consent of the board of trustees. Every village policeman who receives a salary from the village for his services shall keep a book in which shall be entered all services performed by him, which are a town or county charge, and shall present claims therefor against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the village treasurer, who shall collect the amount thereof.
(L. 1870, ch. 291, tit. III, § 3, sub. 3, R. S., 9th ed., 2275, L. 1870, ch. 291, tit. V, § 4, R. S., 9th ed., 2297, as am. by L. 1896, cha 457.]
Where the village charter provides that all processes, civil and criminal, shall be delivered to and executed by the police constable of the village, a salaried officer, it is not liable for the services of a town constable, to whom the police justice had delivered warrants pursuant to a resolution of the board of trustees. They have no power to pass such a resolution in direct conflict with the provisions of the village charter. Gorr v. Village of Port Jervis, 57 App. Div. 122.