by-laws in said village, and they shall perform such other duties as the board of trustees may prescribe. They shall also have the same powers and perform the same duties as constables in towns and counties in this state in criminal cases and be entitled to the same fees therefor, together with such additional compensation Special po- for services as the board of trustees shall deem proper. The president shall have power to appoint as many special policemen, as from time to time he may deem necessary, to serve a specified length of time, not extending beyond the time for the next annual village election after their appointment. Said special policemen so appointed shall have all the power given or granted to the regular appointed policemen under this act. They may be removed at the pleasure of the president. licemen. Fees of police justice. Repeal. Resolu tion, etc., improvements. copy upon § 3. Section eight of title five of said chapter is hereby amended to read as follows: § 8. The trustees may allow the police justice such fees for any services performed by him as are allowed for similar services to justices of the peace of the town. § 4. Section seventeen of title seven of said chapter is hereby repealed. § 5. Section ten of title eight of said chapter, as amended by chapter eighty of the laws of eighteen hundred eighty-one, and by section seven of chapter four hundred four of the laws of eighteen hundred ninety-three, is hereby amended so as to read as follows: § 10. The board of trustees in their resolutions or ordinances as to side requiring any of the improvements, acts or things mentioned in section nine of this act shall specify in what manner and within what time and of what material the same must be made or Service of done. They shall cause to be served at least ten days in case of a new walk or other new improvement, and not less than twentyfour hours in case of repairs, before the expiration of the time so specified, for such performance, upon the owners or occupants of the lands adjoining such side walk or other improvement so directed, as aforesaid, a copy of such resolutions or ordinances with a notice that if the same is not done within a specified time, by the several owners or occupants, of the adjacent lands, it will be done by said trustees at the expense of such Affidavits Owners or occupants. Affidavits of the serving and publicaand publi- tion of such resolution or ordinance may be filed or recorded, or both, in the office of the clerk of said vil of serving cation. may make ments. sessment meetings of assess lage, and the affidavits, or the record thereof, or a certified copy of either shall in all courts or places, actions and proceedings, be prima facie evidence of the facts therein stated. In case any Trustees such improvement, act or thing so required, shall not be made, improve done or completed, as required within the time specified, the trustees shall have power to make, do or complete the same, and having done so, may proceed to make a special assessment of the Special as expense thereof against the delinquent owners or occupants, and of expense. upon said adjoining lands owned or occupied by them, assessing upon each parcel or lot of land the expense of the side walk or other improvement immediately adjoining it a due proportion of the expense of making said assessment, and within five days Notice of after the completion of such assessment, give notice to such for review owner or occupant, so assessed, which notice shall set forth that ments. such assessment has been made and completed, and where the same may be seen and examined by any such owner or occupant for the space of at least five days after the service of such notice; and that on a day and hour specified in such notice, said trustees will meet to revise such assessment, on the application of any such owner or occupant considering himself aggrieved. Within two days after such meeting for the review of any such Duplicate assessment, said trustees shall make and file with the clerk duplicate certificates of such assessment, both of which shall be deemed originals, and such assessment from the time of filing such duplicate certificates, shall be final and conclusive upon all persons and parties affected thereby. To one of such duplicate Warrants certificates shall be attached the warrant for the collection of tion. said assessment; and to the other a copy of said warrant, and the treasurer's receipt for said certificate and warrant. The said certificate shall be substantially in the form prescribed in Form of section eight of title eight of this act for the certificate therein required. It shall be signed by the trustees, or a majority of them, and the said assessment shall be collected in the same manner and with the fees prescribed in this act for the collec- Collection tion of the general village tax, and, in addition to all other ments. remedies contained in this act, the trustees may, in the corporate name of said village, prosecute any person liable to pay for the Recovery construction or repair of any side walk, or other improvement, by action. where such walk, or other improvement, shall have been constructed or repaired by the said trustees under the provisions of this act, and shall be entitled to recover judgment for all certificates of assessment. for collec certificate. of assess of expense Service of notices. Investment of cemetery funds. sums laid out or expended in the construction or repair of such walk, or other improvement, together with the costs of suit; such action may be prosecuted in any court having jurisdiction of actions upon contracts, but judgment, when so obtained, shall not discharge the lien upon the real estate, as hereinbefore provided, until actual payment and satisfaction thereof. § 6. Section twelve of title eight of said chapter is hereby amended so as to read as follows: § 12. Service of any notice required by this act, except as provided in section eleven of title seven of the same, must be personal, if the person to be served can be found in the village, otherwise the notice may be served personally without the village or by mail, by depositing a copy thereof in the postoffice of the village, and addressed to such person at his last known place of residence. If a person to be served cannot, with due diligence, be found in the village, or his last known place of residence cannot be ascertained, service of such notice may be made by delivering a copy of the same to a person of reasonable age and discretion residing on the premises affected thereby, or by affixing a copy of the same to the outer or other door of any residence thereon, or in a conspicuous place on such premises; or the county judge of the county of Orleans, or a supreme court judge may be applied to, and may, by order, direct the manner of such service, and service shall be made accordingly. Service on one of two or more joint tenants, or tenants in common, shall be sufficient notice to all, for any purpose requiring a notice under this act, except under section eleven of title seven of the same. § 7. Section seventeen of title ten of said chapter, as amended by chapter two hundred and ninety-three of the laws of eighteen. hundred and eighty-six, is hereby amended so as to read as follows: § 17. All funds in the hands of said commissioners received as above provided and not needed for immediate use for the purposes above mentioned, shall be by them invested, and kept by them invested, in the public stocks or securities of the state of New York, or of the United States, or in the county bonds of the counties of Orleans, Niagara or Monroe, which may be duly issued by the lawful authorities of said counties or either of them, or in such securities as savings banks of the state of New York are by law allowed to invest in, or upon bond and mortgage upon improved and unincumbered real estate, at one-half its value, situate in the state of New York, and any of said funds awaiting investment may be deposited in any good savings bank or trust company in the state of New York. § 8. Section twenty-one of title ten of said chapter, as amended by chapter two hundred and ninety-three of the laws of eighteen hundred and eighty-six, is hereby amended so as to read as follows: of commis § 21. The said board of commissioners shall appoint one of Treasurer their number treasurer, who shall execute a bond to the village sioners. of Medina, with sureties in a sum equal to the amount of money and sureties in the hands of said commissioners and belonging to the cemetery fund, and cemetery deposit fund, conditioned for the faithful discharge of his duties as such treasurer, and that he will deliver to his successor in office all books, papers, funds and securities in his hands belonging to said funds, which bond shall be approved by the board of trustees of the village of Medina, and filed with their clerk. Said treasurer may furnish a bond issued by an indemnity or fidelity company, allowed by law to transact business in this state, and the premium therefor may be paid out of the fund of said cemetery. § 9. Section twenty-four of title ten of said chapter, as amended by chapter two hundred and ninety-three of the laws of eighteen hundred and eighty-six, is hereby amended so as to read as follows: pensation. § 24. The said commissioners shall receive no fee or compen- No comsation for any service rendered by them as such commissioners, but the secretary may receive an annual salary not exceeding Salary of one hundred dollars. § 10. This act shall take effect immediately. secretary. Chap. 278. AN ACT to amend section two hundred and thirteen and section two hundred and fifty of the code of civil procedure relative to the publication and distribution of reports. Became a law April 7, 1899, with the approval of the Governor. Passed, a majority 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 thirteen of the code of civil procedure is hereby amended so as to read as follows: § 213. Secretary of state to distribute reports. Of the copies of each volume of the reports, furnished to the secretary of state, he must deliver one to the clerk of each county, for the use of the county, deposit one in the office of the attorney-general, deliver one to the clerk of the court of appeals, for the use of that court and one copy for each judge thereof, deliver one to each justice of the supreme court, and to each county judge, and deposit three copies in the state library. § 2. Section two hundred and fifty of the code of civil procedure is hereby amended so as to read as follows: § 250. Price of volumes of the reports.-The supreme court reporter must cause the reports, published as prescribed in the last section, to be kept constantly for sale to persons within the state, at a price not exceeding two dollars, for a bound volume of not less than seven hundred pages. He may also cause advance sheets to be published at not to exceed fifty cents a volume. He must cause a copy of each volume of the reports as soon as printed to be delivered to each judge of the court of appeals, and each justice of the supreme court, and to each county judge dur ing his term of office. § 3. This act shall take effect immediately. |