Annual allowance to

justices court.

police justice for one year, and in case the office of police justice shall at any time become vacant by the death, removal from office or other disability of the incumbent, the said common council shall have power to select and designate another of the justices of the said justices court to act as such police justice for the remainder of the year, and in case the duties of the said police justice shall be too great for him reasonably to perform, he may at any time call to his assistance, by a written request signed by him and filed in the office of the clerk of the county of Rensselaer; either by the other justices of said justices court who while acting under such request shall have the same powers as such police justice.

§ 2. The common council of the city of Troy shall pay annujustices and ally a sum not less than two thousand dollars to the justices and clerk of the clerk of the said justices court of the city of Troy, said sum to be paid quarterly on the first days of March, June, September and December of each year in equal shares to each of said justices and clerk which sum shall be fixed in each year by the said common council at their first meeting after each charter election, or as soon thereafter as they may deem proper and shall be in lieu of all fees whatever for criminal business.

Powers of the police justice to hear and determine charges.

Office where

§ 3. The said police justice and any other justice of said justces court when so called shall have authority subject to the provisions in this act contained to hear and determine charges for crimes and offences within said city of Troy, in the cases enumerated in section first, article first, title third, chapter second of the fourth part of the Revised Statutes, and also all complaints and charges against any person for the commission of any of the acts or offences designated in the first section of title fifth, chapter twentieth of the first part of the Revised Statutes, and upon conviction of any such offender, shall have power to punish by fine not exceeding fifty dollars or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment.

§ 4. The office of said court shall be kept in the court house of to be kept. said city, or at such other place as the common council of said city shall provide for that purpose and shall have rooms provided by said common council in which the civil and criminal business shall be separately transacted and shall be kept open for criminal business every day except Sundays during the usual hours of business.

Clerk to

ate registers.

The clerk of said court shall keep separate registers of its prokeep separ ceedings in civil and criminal cases which latter shall be open at all times during business hours for the public inspection and shall make a report quarterly and oftener if required to said common council of all moneys received by said court on convictions and judgments in criminal cases before said police justice or justices for penalties under any by-laws of said city, and all fines, penalties, costs, and moneys belonging to said city shall be accounted for by said clerk on oath to the chamberlain thereof, after deducting therefrom such sums as shall have been expended by said court for fuel, blanks and stationery.

And the clerk of the said court shall before entering upon the To execute duties of his office execute his bonds in the penalty of two thou- his bond. sand dollars to the mayor, recorder, aldermen and commonalty of the city of Troy with two sureties to be approved by the mayor of the city of Troy to pay over and account to the said common council for all fines, penalties, fees, costs and damages belonging to the said common council that shall come into his hands.

hear charges

plaints or

§ 5. When any person charged with any such offence as is speci- Justice to fied in the third section of this act shall be brought before the said and deter police justice or any other justice of said court so designated as mine comaforesaid it shall be his duty forthwith, to hear, try and determine adjourn. such complaint or prosecution according to the provisions of said article first, title third, chapter second of the fourth part of the Revised Statutes, whether the person charged with such offence request to be tried or not, and no other court or magistrate shall have jurisdiction to try such person for such offence, and before entering upon such trial such justice may in his discretion adjourn the hearing or trial thereof from time to time for a period not exceeding fifteen days, unless upon good cause shown such justice may deem a longer time necessary for the purpose of procuring material testimony either on the part of the people or the accused, which time shall not exceed ninety days.

accused to

And such justice may commit the accused to jail until such May commit day or suffer such accused to go at large upon his or her execu-jail, &c. ting to the mayor, recorder, aldermen and commonalty of said city and filing with said justice a bond to be approved by him in the penalty of not exceeding three hundred dollars, conditioned for the personal appearance of said accused before such justice on the day to which said hearing or trial shall be approved, and that he will not depart therefrom without leave of the court.

charged for

§ 6. The said police justice is hereby required to charge and re- Fees to be ceive for the use of the city of Troy, in any criminal proceedings, city. such fees as are now allowed by law to justices of the peace for the like service; and all fees and charges for services performed by such justice, and which are chargeable upon the county of Rensselaer, or upon any town therein, shall be audited and allowed by the board of supervisors of said county, to and for the benefit of said city of Troy.

accounted

§ 7. All fines imposed by said justice if paid before commit- Fines to be ment, shall be received and accounted for by him to the chamber- received and lain of said city, and if paid after commitment, the said fines for. shall be received by the sheriff of the county, or by the keeper of the work-house or penitentiary where the offender shall be confined, and shall be paid over and accounted for by said sheriff or keeper receiving the same, to the said chamberlain, within thirty days after the receipt thereof.

forfeited.

§ 8. It shall be the duty of the said clerk of the said justices Clerk to procourt, to prosecute in the said justices court in the name of the secute bonds mayor, recorder, aldermen and commonalty of the city of Troy, any of the bonds mentioned in section five of this act which shall become forfeited within ten days after such forfeiture and the

Agreement may be made

to send con victs to penitentiary.

Work-house may be crected.

said justices court shall have jurisdiction to try any actions which may be commenced thereon before them, and to render judgment thereon for any amount not exceeding three hundred dollars besides costs, and any person conceiving himself aggrieved by such judgment may appeal therefrom in the same manner and with the same effect as from judgments rendered by justices of the peace in other cases.

§ 9. The common council of the said city may enter into an agreement with the supervisors of the county of Albany, or their agent duly authorized, to receive and keep in the penitentiary of said county all persons who may be sentenced by a court of special sessions within said city of Troy to confinement, or confined in the jail of the county of Rensselaer, for any offence commited within the city of Troy, or for the violation of any ordinance of the said city, or who may be committed to such jail by any magistrate in said city as vagrants or disorderly persons, for any period over thirty days; and after such agreement shall have been entered into, it shall be the duty of the sheriff of the county of Rensselaer, or of any constable in said city, to convey all persons so sentenced, confined or committed, or who shall thereafter be so sentenced, confined or committed, without delay, to the said penitentiary, and deliver them to keeper thereof; and such keeper shall receive and imprison such persons, and employ them according to the rules, regulations and discipline of the said penitentiary, during the terms for which they shall be sentenced, confined or committed, respectively, or until they shall be discharged according to law; but the said common council shall not have power to enter into such agreement, at any one time, for a longer period than two years.

§ 10. The common council of the city of Troy, may in their discretion, cause to be erected, at any place in said city, a suitable building or buildings for a work-house, for the safe keeping and employment of all persons who may be sentenced by any court of special sessions within said city to confinement, or confined in the jail of the county of Rensselaer, for any offence committed within the city of Troy, or for the violation of any ordinance of the said city, or who shall be committed to such jail by any magistrate in the said city, as vagrants or disorderly persons. Sheriff may § 11. The sheriff of the county of Rensselaer shall, at the recompel per quest and under the direction of the said common council, compel all persons so sentenced, confined or committed, as mentioned in the last section, to work and labor in the construction of the said work-house.

sons to work.

Work-house how to be managed.

§ 12. The management and direction of said work-house, when completed, shall be vested in the said common council who are hereby authorized and empowered to establish rules for the regulation and discipline of the said work-house, to appoint officers to take charge thereof, to fix their compensation and prescribe their duties, and generally to make all such by-laws and ordinances as they shall deem expedient for the government and management thereof.

sons sen

work-house.

§ 13. After the said work-house shall have been completed, or Certain perso far completed as to allow the confinement of prisoners therein, tenced. to be and a certificate thereof signed by the mayor or recorder of the committed to said city, shall have been filed in the office of the clerk of the county of Rensselaer, it shall be the duty of the sheriff of the said county of Rensselaer, to deliver all persons so sentenced, confined or committed, or who shall thereafter be so sentenced, confined or committed as mentioned in the third section of this act, to the keeper of the said work-house, and such keeper shall receive and imprison such persons, and employ them according to the rules, regulations and discipline of the said work-house, during the terms for which they shall be so sentenced, confined or committed respectively, or until they shall be discharged according to law. Vagrants & § 14. After the certificate mentioned in the last section shall persons to have been filed as therein required, all persons who shall be sen- work-house. tenced by any court of special sessions within said city, to confinement for any offence committed within the city of Troy, or be committed by any magistrate of said city as vagrants or disorderly, shall be sented to such confinement in, or be committed to such work-house, there to be received, kept and employed as provided in the last section; and it shall be the duty of the court or magistrate imposing such sentence, or making such commitment, to cause all persons so sentenced, or committed, to be conveyed forthwith by some proper officer to such work-house.

disorderly

be sent to

The super

visors may

agree with

council to re

§ 15. The board of supervisors of the county of Rensselaer, may enter into an agreement with the said common council to re- common ceive and keep in the said work-house, all persons who may be sen- ceive vatenced to confinement in the jail of the county of Rensselaer for grants, &c. any offence committed out of the city of Troy, or who may be committed to such jail by any magistrate out of the said city, as vagrants or disorderly persons, or who may be sentenced to such confinement, or be committed by any court of sessions or court of oyer and terminer in said county; and after such agreement shall have been entered into, and the certificate mentioned in the thirteenth section of this act, shall have been filed, as therein required, it shall be the duty of the sheriff of the county of Rensselaer to convey all persons so sentenced or committed, or who shall be thereafter so sentenced or committed, as mentioned in this section, without delay to the said work-house, and deliver them to the keeper thereof; and such keeper shall receive and imprison such persons, and employ them according to the rules, regulations, and discipline of the said work-house during the terms for which they shall be sentenced or committed, respectively, or until they shall be discharged according to law.

Persons confined may

§ 16. The said common council may, in their discretion, cause be put to the persons confined in the said work-house, to be employed at hard labor. hard labor, either in the said work-house, or in the streets and alleys, or in any other place in the said city.

Provision relative to

der 16 years of age.

§ 17. Whenever any person under the age of sixteen years persons unshall be convicted of any felony in any court held in the county of Rensselaer, such court may, in its discretion, sentence such

Escape how punished.

Habitual

declared va

person to confinement in the said work-house, when completed as aforesaid, subject to its rules and discipline, for such term as the said court would be authorized by law to sentence a person convicted of a like offence, to imprisonment in a state prison.

§ 18. Every person confined in the said work-house, who shall escape, or attempt to escape therefrom, shall be punished in the same manner as if he had been confined in the jail of the county of Rensselaer, and had escaped, or attempted to escape therefrom.

§ 19. All habitual drunkards in the said city are hereby dedrunkards clared to be vagrants, and may be proceeded against according to grants, &c. the provisions of the second title of the twentieth chapter of the first part of the Revised Statutes, and all persons who shall actually abandon their wives and children in the said city, or who shall refuse or neglect to provide, according to their means, for their wives and children, and all persons who shall be intoxicated in said city, under such circumstances as shall amount to a violation of public decency, and all persons who shall indecently expose their persons in said city, and all persons who shall by noisy, tumultuous or riotous conduct, disturb the people, are hereby declared to be disorderly persons, and may be proceeded against according to the provisions of this act.

ordinances

immorality, &c.

Power to en- § 20. The common council of the city of Troy are hereby inact laws & vested with power and authority to enact such laws and ordinanto suppress ces not repugnant to the constitution and laws of this state, as they may deem necessary for the effectual suppression of immorality, gaming, drunkenness, fighting, and all riotous and disorderly conduct; to prevent and restrain any riot, rout, noise, disturbances or disorderly assemblage, in any tavern, grocery, street, or place within said city; to restrain and punish disorderly persons, and to punish all violations of any by-laws or ordinances of said city, by fine not exceeding fifty dollars, or by imprisonment in the county jail, at hard labor, or not, in the discretion of such police magistrate, for a period not exceeding six months, or by both such fine and imprisonment; and the said police magistrate is hereby invested with power and authority to impose such fine and commitment, and sentence to such imprisonment under any such by-laws or ordinances, and to carry such judgment of commitment and imprisonment into effect.

By-laws.

Restriction.

§ 21. The common council of the city of Troy are hereby authorized to enact by-laws and ordinances for the exclusion of swine from said city, and to enforce obedience to such by-laws and ordinances, by imposing fines and penalties upon the owners of such swine, or by declaring such swine forfeited, or by such other enactments not repugnant to the constitution or laws of this state, as the said common council shall deem expedient and necessary.

§ 22. The common council of the said city shall not, nor shall any of its officers, have power to stay the execution of, or any execution issued upon any judgment recovered for the violation