СНАР. 341. AN ACT to legalize the official acts of certain justices of the peace. PASSED May 20, 1880. The people of the State of New-York, represented in Senate and Assembly, do enact as follows : SECTION 1. The official acts of every justice of the peace hereto- Id. fore done and performed, duly elected or appointed to the office, so far as such official acts may be affected, impaired or questioned, by reason of the failure of any such justice to take and subscribe to the official oath as required by law are hereby legalized and confirmed. § 2. Nothing herein contained shall affect any suit or proceeding now pending. 3. This act shall take effect immediately. 5. By justices of the peace, to the supervisor of the town. [1 R. S., 121, § 33 (1 Edm., 111).] Resignation; to * whom to be made. from office. § 36. No justice of the peace can be removed until he shall have Removal notice of the charges made against him, nor until an opportunity be given him of being heard in his defence. The causes of such removal shall be assigned by the judges in writing, and be filed with the clerk of the court. [1 R. S., 111, § 36 (1 Edm., 101).] court at a term may remove etc. 25. Justices of the peace and judges, and justices of inferior Supreme courts, not of record, and their clerks, may be removed, as provided general by the constitution, by the supreme court at any general term justices, thereof, and such general term shall have power to order the proofs upon any proceedings hereunder to be taken before a referee to be appointed by such general term, and to certify the reasonable expenses of such referee, which amount, so certified, and also the reasonable expenses of any reference as heretofore or hereafter [L. 1847, ch. 280, § 25 (4 Edm., 563), as amended by L. 1880, ch. 354.] When offices become vacant. Notice of convic tion. Vacancies. § 34. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office. 1. The death of the incumbent. 2. His resignation. 3. His removal from office. 4. His ceasing to be an inhabitant of the State, or if the office be local, of the district, county, town or city for which he shall have been chosen or appointed, or within which the duties of his office are required to be discharged. 5. His conviction of an infamous crime, or of any offence involv. ing a violation of his oath of office. 6. His refusal or neglect to take the oath of office within the time required by law, or to give or renew any bond, within the time prescribed by law. 7. The decision of a competent tribunal, declaring void his election or appointment. [1 R. S., 122, § 34 (1 Edm., 112).] 35. Whenever any officer shall be convicted of an infamous crime, or of an offence involving a violation of his oath of office, and whenever any election or appointment of any person shall be de clared void, the court before which such conviction shall be had, or by which such decision shall be made, shall immediately give notice thereof, to the governor, stating the cause of such conviction or decision. [Id., § 35.] official $ 40. The governor may also declare vacant, the office of every Breach of officer required by law to execute an official bond, whenever a judg- bond. ment shall be obtained against such officer for a breach of the condition of such bond. [Id., § 40.] CHAP. 476. AN ACT to supply vacancies in the offices of justices of the peace in the several towns of this State. PASSED April 18, 1859; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: in office of the peace, SECTION 1. Whenever a vacancy shall occur in the office of jus- Vacancies tice of the peace of any town in this State, the supervisor, town justice of clerk, and remaining justices of the peace, or a majority of such how filled. officers, are hereby authorized by warrant under their hands and seals to appoint a suitable person to fill said to fill said vacancy, and the person so appointed shall hold said office until the next regular annual town meeting in said town, unless the said appointment shall have been made to fill the vacancy of an officer whose term of office would have expired on the thirty-first day of December next, succeeding such appointment; in which case the term of office of the person so appointed shall expire on the thirty-first day of December next succeeding such appointment. And any person so appointed may at once qualify and enter upon the discharge of the duties of his office. ment to § 2. Every such appointment shall be filed in the office of the Appointtown clerk, and a copy thereof in the office of the county clerk be filled. before the person so appointed shall be authorized to act. [L. 1859, ch. 476 (3 Edm., 322), as amended by L. 1875, ch. 166.] Restriction. Jurisdiction of tices. Jurisdiction. § 5. No court shall be opened, or transact any business, in any city or town, on the day such election shall be held therein, unless it be for the purpose of receiving a verdict or discharging a jury, and every adjournment of a court in such city or town, on the day next preceding the day any such election shall be held therein, shall always be to some other day than the day of such election, except such adjournment as may be made after a cause has been committed to a jury. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace, or to arrest offenders. [L. 1842, ch. 130, § 5, as amended by L. 1847, ch. 240, § 2 (1 Edm., 116); see $6 of the Code of Civil Procedure, page 160, ante. L. 1878, ch. 354, applies the foregoing provision to all towns.] § 3. Any justice of the peace of the town or towns in which such town jus- village shall be located, shall have jurisdiction in all criminal cases that may arise within the bounds of the village in the county in which they severally reside, with the same powers and subject to the *duties and liabilities as a justice of the peace in other cases. He shall also have jurisdiction in all actions brought to recover fines or penalties for the violation of any provision of this act, and of the rules, by-laws and ordinances of the village, or to recover any tax or assessment levied by the village, and his proceedings and judgments may be reviewed in the same manner as is or shall be provided by law in cases of judgments and proceedings of justices of the peace. Said justice shall receive the same fees and compensation as is provided by law for similar services. The fees and compensation of such justice shall be audited and paid and collected in the same manner as the fees of justices of the peace for similar services. All fines recovered by him in suits for the violation of the provisions of this act, or the by-laws, rules and ordinances of the corporation, shall be paid over to the treasurer of the village upon their receipt by such justice. In such last-mentioned suits, if judgment is entered, the said justice shall award costs including witnesses' fees and other legal disbursements, to the successful party, to the same amount as a justice of the peace could in civil actions or proceedings before him. *So in original. [L. 1870, ch. 291, tit. 5, § 3 (7 Edm., 694), as amended by L. 1878, ch. 59, § 6, relating to the incorporation of villages.] § 9. Section seven of title eight of said act is hereby amended so as to read as follows: rant. summons, rant. Imprison non-pay § 7. The first process in any suit brought by the village for a pen- Process by alty under this act, or a rule, by-law or ordinance adopted by the board of trustees in pursuance of said act, shall be a summons or war- ment for If the defendant in such action has no property, personal or ment. real, whereof the judgment can be collected, the execution shall require the defendant to be imprisoned in the county jail of the county in which the village is situated, or in case such village shall be located in two or more counties, then in the county jail of either of said counties, for a term not exceeding ten days. [Id., § 7 of tit. 8 (7 Edm., 702), as amended by 9 of the act of 1878, ch. 59. See Co. Civ. Proc., 2876, 3026, and 3033, pp. 10, 74, 76, ante, which repeal by implication so much of the foregoing section, as allows a warrant to issue, and require a summons in all cases to issue, in an action for a penalty, indorsed as prescribed in § 1897, page 295. See L. 1880, ch. 245, § 3, subd. 5.] § 9. In actions brought by or against the village, it shall not be an objection against the person acting as justice or juror in any such action, that he is a resident of the village, or subject to taxation therein. [Id., § 9 of tit. 8 (7 Edm., 703), See Co. Civ. Proc., § 1179, page 252, ante.] Competency of tants as inhabiJustices, jurors, etc. СНАР. 646. AN ACT to suppress intemperance, pauperism and crime. PASSED May 29, 1873; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Every husband, wife, child, parent, guardian, employer, or other person who shall be injured in person, or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action in his or her name, against any person or persons who shall, by selling or giving away intoxicating liquors, have caused the intoxication, in whole or in part, of such person or per Persons injured may main tain action against seller, etc. |