sprinkling. property owners and railway company. The provisions of this Street section so far as the same are applicable, shall apply to the sprinkling and to the apportionment of the cost thereof, the assessment and collection of the same, of any street or section of a street, except that if a protest against sprinkling, in writing, signed by the owners of more than one-half of the frontage upon said street or section of a street, and acknowledged as deeds of real estate are required to be acknowledged, be filed with said board, it shall not order the proposed sprinkling, nor shall it again consider the same before one year; but the owners of a majority of the frontage of a smaller section of the same street, not less than one block, may file with said board, a request therefor, and in that case said board may order the sprinkling as therein requested. And except also that no part of the cost of any sprinkling shall be apportioned to nor be borne by the city. § 2. Section one hundred forty-eight of said act is hereby -amended so as to read as follows: assess install ments. § 148. The common council at the time it shall confirm any as- Payment of sessment for local improvements, may provide that the owners ments in of any real estate or any railway company, against which a tax is thereby assessed, may have the privilege of paying the same in such equal annual installments, not exceeding ten, as it may prescribe, upon filing with the city clerk within ten days thereafter, their election and agreement to pay the same in that manner with interest thereon payable annually. Every assessment as to which such agreement shall be filed, shall be collected by such installments, with annual interest thereon, in the same manner as other taxes and assessments, and every installment with accrued interest, shall be a lien upon the real estate, and upon all the property and franchises of any such railway company against which the same was assessed, as in the case of other assessments. For the purpose of anticipating the payment Issue and of such installments, the common council may issue bonds of the bonds. city for such part thereof, payable at such respective times not exceeding ten years, with interest at not exceeding six per centum per annum, as it may deem advisable. Said bonds shall be signed by the mayor and treasurer, and sold for cash at not less than par to the highest bidder, and the funds derived from the collection of said installments as they become due, shall be applied to the liquidation of said bonds. The amount of such bonds so issued shall not be deemed to be a part of the taxes authorized to sale of be raised in any one year hereinbefore limited to one per centum. Chap. 32. AN ACT requiring preference to be given in the purchase of Became a law February 28, 1899, with the approval of the Governor. Passed, The People of the State of New York, Represented in Senate Section 1. The officers, boards, commissions and departments whose duty it is to purchase supplies for the maintenance of inmates in state institutions, shall, in purchasing such supplies, give preference to products raised within the state, price and quality being equal. § 2. This act shall take effect immediately. Jurisdic tion to hear claim. Chap. 33. AN ACT to confer jurisdiction upon the court of claims to hear, Became a law February 28, 1899, with the approval of the Governor. Passed, The People of the State of New York, Represented in Senate Section 1. Jurisdiction is hereby conferred upon the court of claims to hear, audit and determine, the alleged claim of Henry Bradt of the city of Schenectady, against the state, for damages. alleged to have been sustained by him by reason of the breaking away of the embankment of the Erie canal, on or about the twenty-third day of July eighteen hundred and ninety-six, and washing out his land in the town of Rotterdam in the county of Schenectady, and to make an award and render judgment therefor against the state and in favor of said claimant. judgment. § 2. No award shall be made or judgment rendered herein Award or against the state, unless the facts proved shall make out a case against the state, which would create a liability, were the same established in evidence in a court of law or equity against an individual or corporation; and in case such liability shall be satisfactorily established, then the court of claims shall award to and render judgment for the claimant for such sum as shall be just and equitable, notwithstanding the lapse of time since the accruing of said damages, provided the claim hereunder is filed with the court of claims within one year after the passage of this act. § 3. This act shall take effect immediately. Chap. 34. AN ACT for the better administration of justice in the town of Became a law February 28, 1899, with the approval of the Governor. Passed, The People of the State of New York, Represented in Senate and Assembly, do enact as follows: tall shed. police jus Section 1. The office of police justice in the village of Brockport Ofice esis hereby abolished and the office of police justice in the town of Sweden, in the county of Monroe is hereby established but the police justice now in office in such village shall continue in office. for the expiration of the term for which he was elected. The police Election of justice first chosen under this act shall be elected at the annual tice. town meeting in such town in the year eighteen hundred and ninetynine for a term commencing on the twenty-first day of March, eighteen hundred and ninety-nine, and continuing for four years. from and including the first day of January, nineteen hundred; and thereafter a police justice shall be elected at the election of town officers next preceding the expiration of the term of office of such police justice. oath and § 2. Such police justice, before entering upon the discharge of official the duties of his office, shall take and subscribe the constitutional bond. oath of office, and shall also execute a bond to the people of the state of New York in the penalty of one thousand dollars, with two sureties, to be approved by the supervisor of such town, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by virtue thereof, Office for justice. Jurisdic ion and powers. as required by law, which oath and bond shall be filed in the office of the town clerk. § 3. Such police justice shall have and maintain at his own expense a proper and suitable office for the transaction of his official business in the village of Brockport in said town, but may if he choose use such office as may be provided in said village by said town for such purpose. Such police justice may hold a court of special sessions in said town, and shall have in the first instance exclusive jurisdiction to hear, try and determine charges of misdemeanor committed within said town 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 town of a crime not triable by a court of special sessions; and also to hear, try and determine charges against a person of being a vagrant, or disorderly person within such town, or 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 Warrants 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 the county of Monroe, but if the offense is charged to have been committed outside of the town of Sweden, the person ar rested 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 said town of Sweden, shall be taken before the police justice of said town, 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. The term "proceeding" as used herein also includes a special proceeding of a criminal nature. Such police justice shall also for arrests and pro ceedings thereon. power, etc., of peace. Police court. have and exercise the same powers, authority and jurisdiction in To have all criminal actions and proceedings as justices of the peace of of justices such town now have, or which may hereafter be conferred ou such justices of the peace, and be subject to the same duties and liabilities in respect thereto. The court held by such police justice shall be designated the police court of the town of Sweden. Such court shall also have and exercise the same powers, authority and jurisdiction as courts of special session now have, or which may hereafter be conferred on them. The judgments Review of judgments, and proceedings of such police justice or police court may be re- etc. viewed in the same manner as provided by law in criminal actions and proceedings before a justice of the peace or a court of special sessions. salary. § 4. The police justice shall not be entitled to receive any fees Annual or costs for services rendered by him, and shall receive an annual salary the amount thereof which shall be fixed by the town board of the town of Sweden annually at a meeting of such board to be held in the month of March of each year, and such salary shall not be diminished or increased during said year; which said salary shall be audited, levied, and paid by such town in the same manner as other town charges. He shall keep an account Account of 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 charge against any town other than the town of Sweden, or which are a county charge, and shall present claims for such fees against the town or county to which chargeable. Suitable blanks and books shall be provided by such town for the use of the police justice, and the expense thereof shall be a town charge. fees. book. § 5. Such police justice shall keep a docket book in which he Docket shall keep a record of all actions and proceedings before him, and shall enter therein the names of all persons arrested and brought before him, on what charge and by whom arrested, whether with or without warrant, the names of the complainants, all proceedings therein, and the final disposition of each case; in case of fine, the amount thereof, and if collected, when paid to the supervisor; and also the date or dates of all such proceedings; which record or docket book shall also be open to the inspection of any taxpayer of such town. He shall also prepare a copy of such record or docket,' duly verified and present the same to the board of town auditors of such town, on the first day of its second meeting in each year. |