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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,

L. 1870, ch. 291, tit. V, § 3; R. S., 9th ed., 2297,

L. 1875, ch. 514, § 2; R. S., 9th ed., 2411.]

§ 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, § 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,

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, ch. 457.]

§ 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, subpoenas 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, subpoenas or other process issued by the police jus

tice, 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, ch. 457.]

Police Constables.

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.

Appointment and Removal.

The board of trustees having the power of appointment of police constables can fix the time and duration of the appointment and can terminate it. The civil service law does not apply to villages. People ex rel. Seward v. Village of Sing Sing, 54 App. Div. 555. As to removal of a village policeman on charges see People ex rel. Shires v. Magee, 57 App. Div. 281.

ARTICLE VII.

THE FIRE DEPARTMENT.

SECTION 200. General powers of the board of fire commission

ers.

201. Ordinances.

202. Organization of companies.

203. Incorporation of fire department.

204. Election of company officers and delegates.
205. Chief engineer and assistant engineers.

206. Council of fire department.

207. Meetings of fire department.

208. Duties of chief engineer and assistants.

209. General exemptions of firemen.

210. Annual report of the fire commissioners.

$ 200. General powers of the board of fire commissioners. The board of fire commissioners of a village,

1. Has the care, custody and control of all property belonging to the fire department.

2. May purchase fire engines, hose, hose carts, horses, tools, implements and apparatus suitable and necessary to prevent and extinguish fires within the village, and keep the same in good condition and repair.

3. May erect and maintain suitable and necessary buildings for the fire department.

4. May construct and maintain reservoirs and cisterns and supply them with water for use at fires.

5. May adopt rules for the admission, suspension, removal and discipline of the members, officers and employees of the fire department, may prescribe their powers and duties, and fix their compensation.

6. Has the control and supervision of the members, officers and employees of the department, may direct their conduct at fires, and prescribe methods for extinguishing fires.

7. May appoint persons other than members or officers of the department to take charge of the property of the department, and may fix their compensation.

8. May, in villages of the first or second class, appoint not more than twenty duty or "call men," and fix their duties and compensation.

9. May inquire into the cause and origin of fires occurring in the village, and may take testimony in relation thereto.

INSURANCE LAWS. LAWS OF 1892, CHAP. 690.

§ 133. Payment of tax by agents of foreign fire insurance corporations to fire departments.

Except in the cities of New York and Buffalo there shall be paid to the treasurer of the fire department of every city or village of this state, whether incorporated or unincorporated, having a fire department, company or organization, for the use and benefit of such department or to the treasurer of such fire department within the fire limits, as established by law, of an unincorporated village, and when no treasurer of a fire department exists, then to the treasurer or other fiscal officer of such city or village, or in case of an unincorporated village to the supervisor of the town in which such village is situated who, for the purposes of this act, shall have the same powers as the treasurers of fire departments, on the first day of February of each year, by every person who shall act as agent for or on behalf of any foreign fire insurance corporation, association or individuals which insure property against loss or injury by fire, the sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums which during the year or part of a year ending on the last preceding thirtyfirst day of December shall have been received by such agent or person, or received by any other person for him, for any insurance effected or pro

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