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issued by him upon such papers. The term "proceeding used in this article also includes a special proceeding of a criminal nature.

§ 183. Records of police justice.-The board of trustees shall provide the police justice with suitable books in which he shall keep a record of all actions or proceedings for violations of vil lage ordinances and of criminal actions and proceedings, had or tried before him, or in a court of special sessions, held by him, which record in each case shall contain the names of the complainant and defendant, a statement of the nature of the offense charged and, under the proper dates, the proceedings therein, the minutes of all courts of special sessions held by him, and an accurate account of all fines, penalties, fees, expenses and costs imposed, received or ordered paid by him, in all such actions and proceedings.

§ 184. Compensation of village police justice.—If the police justice of a village shall not be paid a salary, he shall be entitled to receive for his services the same fees as a justice of the peace for like services, to be paid in like manner, except that his fees in proceedings on account of violations of the village ordinances, shall be paid by the village.

The board of trustees may determine that the police justice shall be paid a salary instead of fees, and may fix the amount thereof, and such salary shall not be increased or diminished during his term of office. Such salary shall be paid in equal monthly installments by the treasurer, except that a ratable proportion shall be deducted from his salary because of any failure to perform his duties. The amount of such deduction shall be determined by the board of trustees and paid by the treasurer to the acting police justice or other justice who shall have acted during such period. Such police justice and acting police justice shall each report to the board of trustees at the first regular meeting thereof in each month, the time, if any, during the next preceding calendar month that the police justice of such village failed to perform the duties of his office and the time during which the acting police justice or other justice performed such duties.

§ 185. Accounts, reports and payments of fees and fines by salaried police justice.—If the police justice of the village is paid by salary, he shall not receive for his own benefit any fees, costs or expenses in any action or proceeding, but shall demand. and receive the same fees, costs and expenses therein, as are pro

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vided by law to be paid to a justice of the peace of a town, and shall keep an account thereof and of fines and penalties paid to him. All such costs, fees and expenses and all penalties or other money so paid to him in a proceeding for or on account of a violation of an ordinance of the village during any calendar month shall be paid to the village treasurer before the first regular meeting of the board of trustees in the next succeeding month. All other fees, costs, expenses, fines or penalties so collected shall be paid over and accounted for in the same manner as moneys collected by a justice of the peace in like cases. He shall, prior to such meeting in each month, file with the village clerk a complete, detailed and verified statement of all moneys payable to the village treasurer, which were received by him during the last preceding month, with the written receipt of the treasurer therefor attached thereto. No order for the salary of such police justice shall be drawn until such monthly statement and receipt are filed with the clerk. He shall keep an account 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 town or county charge, and shall present claims for such fees against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the treasurer of the village, who shall collect the amount thereof.

§ 186. Civil jurisdiction of police justice. The police justice shall have the same jurisdiction as a justice of the peace of a town in civil actions to recover a penalty or forfeiture, payable to the village. The town clerk of each town in which a village or any part thereof is situated, shall furnish to such police justice, jury lists in the same manner as to the justices of the peace of his town.

§ 187. Acting police justice.-The board of trustees of a village in which the office of police justice is established shall designate a justice of the peace residing in the village, if any, and otherwise, a justice of the peace residing in the town in which the village or a part thereof is situated, as acting police justice of the village. During the absence or inability of the police justice to perform the duties of his office, the acting police justice has all the powers and is subject to all the liabilities of a police justice within the village.

§ 188. Village policemen. The president, each trustee and the street commissioner are ex officio members of the police de

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partment, and have all the powers conferred upon policemen by this article. The board of trustees, or if a municipal board continued by section sixty-nine now acts as police commissioners, such board may appoint and fix the terms, not extending beyond the current official year, of one or more village policemen, one of whom may be designated as chief of police.

189. Powers and duties of policemen.--The policemen so appointed shall have all the powers and be subject to the duties and liabilities of constables of towns in serving process in any civil action or proceeding to which the village is a party, and in serving warrants, subpoenas or other process in criminal actions or proceedings, for or on account of crimes committed within the village, and in making arrests therefor, or for violations of village ordinances. Except in case of the absence or other disability of a village policeman, such powers shall be exclusive of any constable of a town, in serving all warrants, subpoenas or other process issued by the police justice, acting police justice, or a justice of the peace, for or on account of an offense or a violation of an ordinance committed within the village.

190. Fees, salaries and expenses of policemen. The board of trustees may determine that each village policeman shall be paid a salary instead of fees and may fix the amount thereof. A village policeman shall receive the same fees as constables of towns for similar services, to be paid in like manner, except that his fees for services in proceedings on account of a violation of a village ordinance shall be paid by the village. If a village policeman receives a salary all fees collected or received by him belong to the village and he must account therefor and credit the same upon his salary. A village policeman shall not receive any present or reward for his services other than his fees and salary, except by the consent of the board of trustees. Every village policeman who receives a salary from the village for his services shall keep a book in which shall be entered all services performed by him, which are a town or county charge, and shall present claims therefor against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the village treasurer, who shall collect the amount thereof.

The Fire Department.

§ 200

ARTICLE VII.

THE FIRE DEPARTMENT.

SECTION 200. General powers of the board of fire commissioners.

201. Ordinances.

202. Organization of companies.

203. Incorporation of fire department.

204. Election of company officers and delegates.

205. Chief engineer and assistant engineers.

206. Council of fire department.

207. Meetings of fire department.

208. Duties of chief engineer and assistants.

209. General exemptions of firemen.

210. Annual report of fire commissioners.

§ 200. General powers of the board of fire commissioners.The board of fire commissioners of a village,

1. Has the care, custody and control of all property belonging to the fire department.

2. May purchase fire engines, hose, hose carts, horses, tools, implements and apparatus suitable and necessary to prevent and extinguish fires within the village, and keep the same in good condition and repair.

3. May erect and maintain suitable and necessary buildings for the fire department.

4. May construct and maintain reservoirs and cisterns and supply them with water for use at fires.

5. May adopt rules for the admission, suspension, removal and discipline of the members, officers and employes of the fire department, may prescribe their powers and duties, and fix their compensation.

6. Has the control and supervision of the members, officers and employes of the department, may direct their conduct at fires, and prescribe methods for extinguishing fires.

7. May appoint persons other than members or officers of the department to take charge of the property of the department, and may fix their compensation.

8. May, in villages of the first or second class, appoint not more than twenty duty or "call men," and fix their duties and compensation.

9. May inquire into the cause and origin of fires occurring in the village, and may take testimony in relation thereto.

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§201. Ordinances.-The board of fire commissioners may adopt ordinances for the following purposes:

1. To protect and preserve the property and apparatus of the department.

2. To prevent danger from fires and to protect property exposed to destruction or injury by fire.

3. To provide for pulling down, blowing up and the removal of buildings and property to arrest the progress of fires or extinguish the same.

The board may enforce observance of such ordinances by the imposition of penalties.

§ 202. Organization of companies.-The board of fire commissioners may organize and maintain fire, hose, protective, and hook and ladder companies, whenever in its judgment the public interests require, by appointing a sufficient number of suitable persons as members thereof, respectively, not exceeding sixty to each fire company, forty-five to each hook and ladder company, and thirty to each hose company or protective company. Vacancies shall be filled by the board of fire commissioners upon nomination by the company. No new appointment shall be made to a company, unless the number of members thereof shall be less than the number hereby limited. The board of fire commissioners may, by resolution, consent to the incorporation of any of the companies so organized by them, or may consent to the incorporation or the organization without incorporation of as many companies voluntarily organized in said village as may be deemed necessary.

203. Incorporation of fire department.-The members of all the fire, hose, protective and hook and ladder companies of a village, organized and maintained in pursuance of law, constitute a corporation by the name of the "fire department of ." The term, fire department of a village, as used in this chapter, refers to such a corporation.

§ 204. Election of company officers and delegates.—Each of the several companies whose members constitute the fire department of the village shall hold an annual meeting on the first Tuesday in April in each year. At such meeting the members of each company shall elect by ballot from their number a foreman and an assistant foreman, who must be approved by the board of fire commissioners, two wardens, and three delegates to the general convention of the fire department. The terms of

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