aid in removing and protecting property thereat; and every person refusing to obey any such order shall be subject to a fine of three dollars, to be sued for and recovered in the name of the corporation, and paid to such fire company as the chief engineer may direct.

§ 66. The present firemen shall be firemen of said city, subject to Firemen. removal by the common council. The firemen shall, during the term of their service, be exempted from serving on juries and in the militia, except in cases of war, insurrection or invasion, and also from any poll-tax.

of.

§ 67. The name of each fireman, with the date of his appointment Registry and term of service, shall be registered with the clerk of the city, in a book to be kept for that purpose; and the only evidence necessary to entitle a fireman to his exemption shall be the certificate of the mayor and clerk, under the scal of the city, and which shall be granted without fee.

TITLE X.

OF THE POLICE DEPARTMENT.

§ 68. The recorder, within the territorial limits of the city of Ogdens- Recorder, burg, shall have the same power and jurisdiction in criminal cases, and jurisdic tion of, be subject to the same duties and liabilities as justices of the etc. peace of the town of Oswegatchie, and except as in this act provided, shall have exclusive jurisdiction of all civil and criminal cases, suits, actions and proceedings for the violation. of, or arising under, the city charter, the acts amending the same, or other acts conferring rights, privileges or powers on said city, or acts relating thereto, and the ordinances made thereunder, and his judgments and decisions may be reviewed in the same manner as judgments of justices of the peace for towns; and any warrant issued by said recorder may be served in any part of this state without indorsement by any other magistrate or officer.

as to hold

ceive fee

§ 69. Such recorder shall attend in a room in the city of Ogdensburg, Duty of, to be provided by the common council for that purpose, from eight court, o'clock to ten o'clock in the forenoon of every day, except Sunday, etc. and as much longer as the duties of his office may require, and hear all complaints, hold courts of special sessions, and conduct all other criminal business that may, by law, be done by a justice of the peace in cases of crimes or offenses committed within the city of Ogdensburg. § 70. No justice of the peace of the town of Oswegatchie shall be Justices bound to render any service, or be entitled to any fees in criminal not to recases wherein jurisdiction is exclusively conferred on the recorder by for serthis act, except during a vacancy in the office of recorder, or in case of criminal the absence, sickness, disqualification or other disability of the re- cases, excorder to attend to the duties of his said office; in which case any cases of justice may hear a complaint and may issue a warrant to apprehend t any person accused in such cases, and be entitled to such fees as are recorder. allowed by law for similar services to be paid by the city. Such war- Return of rant shall be returnable before the recorder, provided, however, that on its return the justice who issued it shall proceed upon it in case of a then existing vacancy, or the absence, sickness, disqualification or other disability of the recorder.

vices in

cept in

illness,

warrants.

§ 71. Whenever there shall be a vacancy in the office of recorder, or Vacancy. in case of his absence or inability to act by reason of sickness, interest or any other cause, any justice of the peace of the town of Oswegatchie residing in said city shall have the same jurisdiction in civil and criminal proceedings as is conferred on the recorder, and shall be

Persons

before recorder.

entitled to the fees prescribed by law for such services, to be paid by the city. § 72. It shall be the duty of every policeman and constable arrestarrested to ing any person on a warrant issued by a justice of the peace of the town of Oswegatchie, residing in said city, when acting in place of the recorder, as provided in this act, to take such person before the recorder of said city, and the recorder shall proceed thereon as though the person had been arrested by process issued by him. And in case the recorder shall be absent, or, by reason of sickness or any other cause, unable to hear the case, then to take such person before the justice of the peace who issued such warrant, who shall proceed with the case, and be entitled to the fees allowed by law for such services, to be paid by the city.

Subpoenas.

Jurisdis

cases.

§ 73. It shall be the duty of the recorder, whenever requested by the mayor, to issue a subpoena or subpoenas, requiring any person or persons to appear before the recorder, to give evidence upon a complaint made of an offense committed in said city.

Such complaint may be oral or written, made to the recorder, and may be wholly or partially on information and belief, and shall be sufficient to confer jurisdiction in the recorder under this section, if it simply alleges on information and belief that an offense has been committed, stating generally the nature thereof. Upon the return of any such subpoena, the recorder shall examine the witness or witnesses, on oath, in relation to the offense so complained of, and if it shall appear that any such offense has been committed, he shall proceed thereon in the same manner as though such witness had voluntarily made such complaint before him.

§ 74. Such recorder shall have no jurisdiction, except as conferred diction in by section sixty-eight of this act, to try civil actions, every civil action brought in the recorder's court, or before a justice of the peace, under section seventy-one of this act, for a violation of the city charter, or acts relating to the same, or any by-law or ordinance of said city, shall be in the name of the city, and may be commenced in such manner as is provided by law. Such actions may also be commenced, in the discretion of the recorder, or justice acting in his stead, as provided in this act, by warrant, returnable forthwith, on the affidavit of any person showing cause therefor, without security, and in such actions it shall be sufficient to complain generally for the amount of such fine, penalty or forfeiture as is claimed, stating the section of this act, or the number of the by-law or ordinance under which the fine, penalty or forfeiture is claimed, and under such complaint special matter may be given in evidence; and the defendant may answer by simply denying the truth of the complaint, and give in evidence, thereunder, the special matter of his defense. If judgment be given against any defendant in such actions, execution may be issued thereon immediately, and shall require, if the officer to whom it is issued cannot find goods or chattels of the defendant whereof the judgment can be collected, that the defendant be imprisoned in close custody in the city lock-up, for a term therein to be mentioned, not exceeding thirty days; or such execution may, in the discretion of the recorder, or justice so acting in his stead, require that the defendant be subjected, for a term not exceeding thirty days, to work upon or for the streets, or public works of said city, or otherwise, for the corporation, in such place and under such superintendence and restraint as said recorder may deem advisable, and as shall be directed in the

judgment rendered, and in the process issued thereon to enforce the

same.

of the

875. No justice of the peace, as such, of the town of Oswegatchie of justices shall have jurisdiction of civil actions enumerated in section sixty- peace. eight of this act, unless by this act specially given.

876. The recorder shall not be entitled to receive, for his own use, Salary of any fees for services performed by him, but shall receive an annual Recorder. salary, to be fixed by the common council, of not to exceed three hundred dollars, and which shall not be increased or diminished while he holds the office, and shall be audited and paid quarterly in the usual form, by an order drawn on the treasurer.

§ 77. The recorder shall keep a docket, in which he shall enter, in Docket. regular form, all business done by him; and also a journal, in which he shall enter charges for all fees in criminal cases not arising under the city charter, its ordinauces or acts conferring rights or powers on said city, or acts relating thereto, and which are properly a town or county charge, with the name of the defendant, the date of the warrant, his arrest and trial, and all the details thereof, the fine imposed, if any, and whether paid or not, which book shall always be open for public inspection. The recorder shall make out accounts for all busi- Accounts. ness done before him, which may be a town or county charge against the town of Oswegatchie, or the county of Saint Lawrence, in the same manner as bills of justices of the peace in like cases in which he shall charge the fees allowed by law to justices of the peace for like services, and which shall be duly verified by him, and the same shall be audited and levied as other town and county charges, and paid over to the city treasurer. The docket and journal of the recorder shall belong to the city, and, at the expiration of his term, shall be delivered to the clerk of the city, in whose office it shall remain of record, and transcripts therefrom, certified by the clerk under the seal of the city, shall be evidence to the same effect as transcripts from the docket of a justice of the peace, subscribed by him and verified by the certificate of the county clerk under the seal of the city.

§ 78. In all cases where the complainant or defendant in any action Costs. or proceeding before the recorder, or a justice acting in his stead, as herein provided, shall be adjudged to pay the costs, the recorder or justice shall tax for his services such fees as are allowed by law to justices of the peace of towns for like services; and all fines imposed by said recorder, or justice acting in his stead, with said costs, shall be collected according to law, and if arising out of matters over which the recorder, when present and under no disqualification or disability, has exclusive jurisdiction, such fines shall be paid to the city treasurer; and the fines in all other cases, when paid and collected, shall be paid to the county treasurer; and such costs, in all proceedings before such recorder, shall be paid to the city treasurer, and in proceedings before a justice of the peace acting instead of the recorder, as in this act provided, such justice shall retain the costs so collected for his compen

sation.

account.

$79. Such recorder, or justice who shall act in his stead, as herein Monthly provided, shall, at the end of each month, render an account, on oath, to the common council of the city, in writing, in which shall be specifically stated the name of each person arrested, if any; in the discharge of his duties under this act, the fine imposed, if any; the amount received from each person, if any; the legal fees for a justice or constable in each case; the amount paid to the city and county treasurer during the month and since his last report.

Power of chief of

police

§ 80. The chief of police and policemen shall, within the bounds of police and the city, have the sanie power and be subject to similar duties in criminal cases, and in civil cases cognizable by the recorder, as constables in the town of Oswegatchie; shall give security in the same manner, to be approved by the mayor and filed with the city clerk.

men.

Arrests.

Lock-up.

Competency of

§ 81. It shall be their especial duty to arrest any and all persons in the city guilty of any crime, misdemeanor or offense against the peace and good order of society, and if any arrest be made after the adjournment of the recorder's court for the day, if for any offense exclusively within the recorder's jurisdiction when present, and under no disqualifications or disability, to take such offender before the recorder, or safely keep him until morning and then take him before the recorder, to be dealt with according to law; and if any arrest be made for an offense not within the exclusive jurisdiction of said recorder, as aforesaid, after the hour of eight o'clock, in the morning, and before the hour of five o'clock, in the afternoon, to take such offender forthwith before the recorder, or a justice of the peace in his stead, as herein provided, and if after the hour of five o'clock, in the afternoon, and before the hour of eight o'clock, in the morning, to take such offender before said recorder or justice, or safely keep him until the hour of eight o'clock, in the morning, and then take him before said recorder or justice of the peace, to be dealt with according to law. The police shall also be bound to take notice of any unnecessary noise or disturbance in the streets or other places in the city, particularly in the night time, to admonish offenders, and if persisted in, to arrest and safely keep them and take them before the recorder to answer the offense. Policemen shall act as watchmen in the night, whenever the common council require it.

§ 82. The lock-up provided by said city shall be used for the confinement of persons under arrest or conviction, until otherwise disposed of according to law; and persons convicted of petty offenses and misdemeanors, punishable in the county jail, or of vagrancy, may be sentenced to confinement in said lock-up or to work on or for the public highways, or both in the discretion of the court, but not exceeding the time of punishment for such offenses now prescribed by law, and persons so sentenced may be compelled to work on or for such highways under the direction of a street commissioner or his assistant, ten hours each day during the period of such sentence; a refusal so to work by any such convict shall be deemed a misdemeanor, and on conviction before the recorder shall be punished by imprisonment in the county jail a period not less than twice the term of the original sentence. The city lock-up shall be under the charge of a keeper, to be appointed by the common council, who shall provide for his compensation by fees or otherwise.

TITLE XI.

MISCELLANEOUS PROVISIONS.

§ 83. No person shall be incompetent as a judge, justice, witness or judge and juror, by reason of his being an inhabitant of the city of Ogdensburg, witnesses. or liable to taxation therein, in any action or proceeding in which said city is interested.

No arrests on elec

tion day.

84. No person entitled to vote at any election held under this act shall be arrested on civil process within said city on the day on which such election is held.

costs.

§ 85. Every person elected or appointed to any office under this act, Double who shall be sued for any act done or omitted to be done, in virtue of his office, and who shall have final judgment rendered in his favor whereby he shall be entitled to costs, shall recover double costs, as defined in the Revised Statutes.

tax.

§ 86. Whenever any person or corporation shall refuse or neglect to Suits for pay any tax or assessment, duly assessed against any such person or corporation, the common council may collect the same by action, in the name of the city, against such person or corporation; but such action shall not operate to release any lien upon property for such tax until the judgment rendered in such suit shall be fully satisfied.

one tenant

§ 87. Whenever any real estate or interest therein in said city shall Notice to be owned by two or more persons jointly, or as tenants in common, in comor otherwise, a notice served on one of such persons shall be sufficient mou, suffinotice to all, for any purpose requiring a notice under this act.

cient.

diseases.

§ 88. The common council may take precautionary measures to Infectious guard the public health in times of pestilence and to provide against infectious and pestilential diseases, and may provide suitable places for the temporary removal of persons having such diseases from the populous part of the city, and may issue their warrant to the chief of police and policemen to execute such removal, and the common council shall defray the expense incident to such removal.

works,

sioners of.

§ 89. The water-works erected by the corporate authorities of the Watercity of Ogdensburg, and every thing connected therewith and per- board of taining thereto, shall be under the control and direction of a board commis heretofore created, known and distinguished as the board of water commissioners, and such board is vested with the powers and duties heretofore vested in the common council of said city respecting said water-works, and all matters and rights connected therewith, including the appointment of, control and removal of the superintendent; and the right to prosecute and maintain actions in the name of said board, excepting the collection of water-rates, the power to sue for their nonpayment, and the power and duty to provide for the payment of the principal and interest of the water debt.

and duties

And shall continue to have the powers and franchises and be subject Powers to the duties now conferred or imposed upon them by law. Said of. board shall consist of five members, to be nominated by the mayor and confirmed by the common council of said city; the members of such board now in office to hold the same until the expiration of the terms for which they were respectively chosen, and hereafter one shall be chosen in each year for the term of five years, with power in said council to fill vacancies for any unexpired term in said board in the same manner. The said board may appoint one of their number as chairman, and the city clerk as secretary, and may appoint sub-committees. Said board shall keep a record of all their proceedings as a board, which shall always be open to the inspection of any officer or tax payer of the city. Said board shall meet as often as once in each month, and shall serve without compensation.

district.

§ 90. Such board of water commissioners shall lay out and establish Water a water district, and from time to time as may be necessary, extend the same so that the boundaries thereof shall at all times be outside of and not more than fifteen hundred feet beyond the line of the outermost hydrant. In each year thereafter the said board shall certify to Amount. the common council during the month of June the amount of the interest to become due upon the outstanding bonds of the city, and the expense of furnishing water for one year in said district for public pur