CHAPTER 7 AN ACT to amend the charter of the city of Olean, in relation to the qualifications of electors to vote on propositions Became a law February 2, 1928, with the approval of the Governor. Passed, on emergency message, by a two-thirds vote The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 535, Section 1. Section one hundred and eight of chapter five hundred L. 1915, and thirty-five of the laws of nineteen hundred and fifteen, en- § 108 titled "An act to consolidate and revise the several acts, relative amended. to the city of Olean," is hereby amended to read as follows: general taxable § 108. The common council may cause to be raised such further Further sum or sums in any one year, by general tax, as they require. taxation on provided, that the consent of the majority of the taxable inhabit- consent of ants of said city, authorized to vote, and voting at an annual or voters. special meeting called for that purpose, be first obtained. 1Any duly qualified elector of said city, who is a taxpayer of the city of qualified Olean, shall be eligible to vote therefor. Every executor, adminis- voters. trator, trustee or guardian of property, as the owner or represen 2 tative of property so chargeable, shall be considered a qualified voter as aforesaid. Such meetings shall be held and presided over officers of by three electors appointed for that purpose by the common coun- meetings. eil and the clerk of the city shall act as clerk thereof and keep a record thereof. § 2. This act shall take effect immediately. CHAPTER 8 AN ACT to amend chapter one hundred and eleven of the laws of eighteen hundred and fifty-one, entitled "An act to amend the several acts incorporating the village of Owego, Tioga county," generally Became a law February 3, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: 8 18 Section 1. Section eighteen of chapter one hundred and eleven L. 1851, of the laws of eighteen hundred and fifty-one, entitled "An act ch. 111, to amend the several acts incorporating the village of Owego, amended. Tioga county," as last amended by chapter thirty-one of the laws Following sentence formerly read: "Every male resident of said city, qualified to vote, at the election of officers under this act, and upon whose property or upon whom, as the owner of property, a tax will be chargeable for the purpose of raising such further sum, and no other person shall be entitled to vote therefor." : Words "or guardian of property" substituted for words ", guardian or husband." Police jus of nineteen hundred and nineteen,1 is hereby amended to read as follows:2 § 18. The police justice of the village of Owego may hold a court titioris of special sessions therein and shall have in the first instance ex diction; powers. clusive jurisdiction to hear, try and determine charges of any misdemeanor committed within the village 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 the village of a felony and also to hear, try, and determine charges against a person of being a vagrant or disorderly person within the 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 or magistrate with all the powers and subject to all the duties and liabilities of same. 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 the 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 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 the village shall be taken before the police justice of the village, and the papers upon which the process was issued delivered to him, who shall proceed thereon as though such warrant had been issued by him upon such papers. Such police justice shall also have exclusive jurisdiction in all cases of charges of violation of the ordinances, rules and by-laws of the village. He shall also have authority to administer oaths, and take acknowledgments in matters relating to the village or to his office. He shall receive an annual salary of eight hundred dollars to be paid quarterly by the village, but shall not retain to his Liabilities; own use any costs or fees. Said police justice shall be subject to of the same liabilities, and his judgments and proceedings may be reviewed in the same manner and to the same extent as by law provided in cases of justices of the peace. It shall be the duty of the said police justice to provide a suitable book, and 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 accused shall be granted, and of all cases in which the offender or person accused shall be brought before him without process; which record shall contain, 1 Previously amended by L. 1854, ch. 320; L. 1895, ch. 207. Section materially amended. Salary. review judgments, etc. Record. reports. over of moneys. lection. payment 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 record of all fines, penalties and costs imposed and collected by him, or which may be ordered to be paid by any offender; and annually, at least two weeks before Financial the time of holding the charter election of said village, and oftener, when required by the board of trustees of the village, he shall make a report in writing, to the clerk of the village, of all fines, penalties and costs imposed and collected by him; and he shall pay over Payment to the treasurer of such village all fines, penalties and costs in hand belonging to such village, within one month after the receipt. of the same. The police justice shall demand and receive in all Fees; colproceedings before him for all services rendered by him as police pent justice the same fees as are now provided by law for justices of over. the peace in towns for like services, and all fees and charges, which may be legally payable, whenever suits or proceedings, civil or eriminal, pending before him shall be settled or dismissed by consent, including constables' fees. All such costs and fees and all fines and penalties or other moneys collected by him belonging to said village, shall be paid over to the treasurer thereof, as above provided, and any failure or omission to so pay over such fines or penalties or moneys shall be sufficient cause for the removal of said police justice from office. Such police justice shall keep an criminal account of all such fines and costs, and all criminal business done chargeable by him and such portion of such criminal business as is by law to county. chargeable to the county of Tioga, shall be made out by such police justice in an itemized bill, as is required by law, and he shall annually, at the time for presentation of bills against the county of Tioga, present in the name of said village said account properly made and verified to the board of supervisors of said county, and said board shall audit said account to the village of Owego, and levy the same in the same manner as other county charges; and such other portion of said criminal business as is by Criminal law chargeable to the town of Owego, shall be, in like manner, chargeable made out by him in an itemized bill, against the town of Owego, to town. and seasonably and properly presented by him to the board of town auditors or town board as the case may be of the town of Owego, and said board shall in like manner audit said bill to the village of Owego, and the same shall be levied and collected in the same manner as other town charges. The term "proceeding" as Proceeding used in this article also includes a special proceeding of a crimnal nature. business business defined. § 2. Section thirty-three of such chapter, as amended by chap- § 33 ter two hundred and seven of the laws of eighteen hundred and amended. ninety-five, is hereby amended to read as follows: $33. General fund. At least ten days prior to each annual election the board of trustees shall prepare an estimate of the moneys necessary and proper to be raised during the year then Lext ensuing, and to pay the general debts and expenses of the corporation, except for particular purposes as hereinafter set forth, and to carry into effect the several powers and privileges L. 1909, granted by this act, not otherwise specifically provided for, which estimate shall be filed with the clerk ten days before such election, and be open to the inspection of any elector at all reasonable hours until such annual election; at such annual election the same shall be submitted by the president or other presiding officer to the meeting of electors, which shall be made at twelve o'clock noon on such day, and such meeting may thereupon, by resolution, direct to be raised by tax on such village for the purposes herein mentioned, not exceeding the sum of fifteen thousand dollars in any one year, as they shall deem necessary and proper, and the sum so authorized shall be assessed and levied, and certified to the assessors by said board of trustees, in the manner hereinafter specified in the next section. 3. This act shall take effect immediately. CHAPTER 9 AN ACT to amend the village law, in relation to contracts for water supply Became a law February 3, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred and twenty of chapter sixtyfour of the laws of nineteen hundred and nine, entitled "An act relating to villages, constituting chapter sixty-four of the consolidated laws," as amended by chapter six hundred and fifty of the laws of nineteen hundred and twenty-seven, is hereby amended to read as follows: § 220. Contracts for water supply. The board of water commissioners may contract, in the name of the village, with an individual or corporation for supplying water to the village for extinguishing fires or for other public purposes; but such contract shall not be made for a longer period than ten years,1 nor at an expense for each fiscal year exceeding two and a half mills on every dollar of the taxable property of the village as appears on the last preceding village assessment roll, unless authorized by a resolution of the board of trustees, subject to a permissive referendum as hereinbefore defined. The amount of such contract shall be paid in installments in accordance with the resolution of the board authorizing same. § 2. This act shall take effect immediately. Formerly "seven thousand dollars." 1 Formerly "five years." CHAPTER 10 AN ACT to amend the county law, in relation to the compensation of the county judge of Tioga county Became a law February 3, 1928. with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 16, Section 1. Subdivision fifty-two of section two hundred and L. 1909, thirty-two of chapter sixteen of the laws of nineteen hundred and 232. Bine, entitled "An act in relation to counties, constituting chap- amended, ter eleven of the consolidated laws," is hereby amended to read as follows. 52. Tioga 5,000.00.1 to present incumbent § 2. The increase of salary of the county judge of Tioga county Increase provided by subdivision fifty-two of section two hundred and e thirty-two of the county law, as amended by this act, shall apply and sucto the present incumbent of such office and to the incumbents of cessors. such office hereafter elected or appointed thereto in such county. 3. This act shall take effect immediately. CHAPTER 11 AN ACT to authorize the town of Burke, Franklin county, to vote upon a Iroposition to acquire by purchase a building for a town hall to be located in the village of Burke, and, upon the adoption of such proposition, authorizing the town board of such town to issue certificates of indebtedness thereof to pay the cost of such building, and providing for the raising, by taxation, of the amount of such cost and the payment of such certificates of indebtedness Became a law February 3, 1928, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: authorized Section 1. The town board of the town of Burke, Franklin Town board County, is hereby authorized to submit to the electors of such to submit town, qualified to vote therein upon a proposition for raising proposition. money, at a biennial or special town meeting, a proposition in substantially the following form: "Shall the sum of twenty-one hundred dollars, or so much thereof as may be necessary, be raised by taxation for the purchase of a suitable building for a town hall to be located in the village of Burke?" The provisions of law eonsistent herewith, governing the submission of town propositions under the town law shall apply to the submission of the roposition, ballots, voting, canvass of votes and certification of result.1 : Formerly "2,500.00.” The above proposition was submitted to the electors at an election held April 17, 1928. The canvass of votes showed: yes, 109; no, 13. |