The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924074296223 In compliance with current copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1984 to replace the irreparably deteriorated original. 1994 CHARTER AND ORDINANCES OF THE CITY OF ITHACA NEW YORK AS AMENDED AND IN FORCE ON JULY I, 1897, WITH THE SPECIAL ACTS OF THE LEGISLATURE RELATING TO SAID CITY ; TOGETHER WITH THE REGULATIONS AND BY-LAWS OF THE BOARD OF HEALTH AND BOARD OF SEWER COMMISSIONERS PUBLISHED BY AUTHORITY OF THE COMMON COUNCIL JULY 1897 ITHACA, N. Y. PRESS OF THE ITHACA JOURNAL 1S97 ^#£fis$3 o ^<%Ck,& TABLE OF CONTENTS. CHARTER OF CITY OF ITHACA TITLE I. Of the Boundaries and Civil Divisions. TITLE II. Of Officers, their Election and Appointment. TITLE III. Of the Common Council. TITLE IV. Officers of the City, their Powers and Duties. TITLE V. Taxes and Assessments. TITLE VI. Streets, Highways, Bridges and Public Improvements. TITLE VII. Of the Fire Department. TITLE VIII. Miscellaneous Provisions. ORDINANCES OF CITY OF ITHACA. CHAPTER I. Committees and Officers. CHAPTER II. General Police Regulations. CHAPTER III. Licensed Privileges. ITHACA CITY CHARTER CHAPTER IV Animals at Large. CHAPTER V. Bicycle Riding. CHAPTER VI. Cemeteries. CHAPTER VII. Dogs. CHAPTER VIII. Fire Department. CHAPTER IX. Sidewalks. CHAPTER X. Streets. RULES AND REGULATIONS OF THE BOARD OF HEALTH. SEWERAGE ACT. RULES AND REGULATIONS OF THE SEWER COMMISSION. ACT TO INCORPORATE FIRE DEPARTMENT. SCHOOL LAW. SOUTH HILL BRIDGE ACT. AN ACT FOR SUPPORT OF POOR. CHARTER OF CITY OF ITHACA. Chapter 212 of Laws of 1888, as amended and in force on Jidy is/, 1897. TITLE I. OF THE BOUNDARIES AND CIVIL DIVISIONS. City Boundaries. — Section 1. All that district of country in the town of Ithaca in the county of Tompkins, comprised within the following boundaries, namely : Commencing at the south-west corner of DeWitt's loca- tion in the town of Ithaca ; thence due east along the south line of said location and the south line produced, to a point three thousand four hundred and fifty- two feet east of the east line of lot ninety-four ; thence due north parallel with said east line of lot ninety-four to the north line of lot ninety-two ; thence west along the north lines of lots ninety-two and ninety-four and these lines pro- duced, to the west line of lot eighty-seven ; thence south along the west line of said lot eighty-seven and the west line of said DeWitt's location to the place of beginning, shall be a city known as "the city of Ithaca ;" and the citizens of this State from time to time inhabitants within the aforesaid limits, shall be a body corporate and politic by the name of "the city of Ithaca," and as such shall have the rights, powers and privileges con- 6 ITHACA CITY CHARTER ferred by the general statutes of this State upon muni- cipal corporations, as well as those conferred by this act, which shall be known as the charter of said city, and the said city being the territory above described shall be severed from the town of Ithaca, and shall constitute no part of said town of Ithaca. All the territory outside of the boundaries of the city of Ithaca and within the boundaries of the town of Ithaca shall constitute the town of Ithaca, and the said city and town shall be sep- arate and independent of each other. [T/ius am. by L. r8g2 ch. 4.29. ] City Wards. — § 2. The said city shall be divided into four wards, as follows : FIRST WARD. All that part of said city lying on the westerly side of the middle of Corn, Varick and Fifth streets, shall be known as the first ward. SECOND WARD. All that part of said city bounded as follows : Be- ginning on the south boundary of said city in the center of Corn street ; running thence north along the center of said Corn street to its intersection with State street ; thence east along the center of said State street to its intersection with Tioga street ; thence north along the center of said Tioga street to its intersection with Buf- falo street ; thence east along the center of said Buffalo street to the east boundary line of said city ; thence south along the east boundary of said city to the south boundary line of said city ; thence west along the south boundary of said city to the place of beginning, shall be known as the second ward. ITHACA CITY CHARTER THIRD WARD. All that part of said city lying on the east of the center of Corn street, center of Varick street, center of Fifth street and north of the center of State street, and west of the center of Tioga street, shall be known as the third ward. FOURTH WARD. All that part of said city lying east of the center of Tioga street and north of the center of Buffalo street shall be known as the fourth ward. Alteration and Erection of Wards. — § 3. Whenever the population of any ward shall exceed that of any other by five hundred inhabitants the common council may alter the boundaries of the wards or increase the number thereof, so that the population in each ward shall be equal as near as conveniently maybe, and shall by resolution, to be entered in the minutes of the com- mon council, declare the limits of each ward, which resolution shall be published in one or more of the city papers for two successive weeks, but no new ward shall "foe created with a population of less than two thousand. TITLE II. OF OFFICERS, THEIR ELECTION AND APPOINTMENT. City Officers: Salaries: Duties.— SECTION i. The officers of said city shall be as follows : A mayor, re- corder and two justices of the peace, to be elected on a general ticket by the qualified voters of the city ; two aldermen and one supervisor from each ward to be elected by the qualified voters of the city residing in each ward respectively ; an assessor, a treasurer, a collector of taxes, a city superintendent, a city clerk, a city attorney, an overseer of the poor, three excise com- missioners, a poundmaster, two constables, such police constables, general and special, as in the judgment of the common council may be deemed necessary, and one firewarden from each ward, all of whom shall be appoint- ed by the mayor of said city ; but the same person may be so appointed to and hold one or more of said offices at the same time. Before anv person shall be so appointed to one or more of said offices the common council shall fix the maximum rate of compensation to be paid for performing the duties of each of said offices, except two constables which maximum rate shall not be changed during the incumbency of the appointee next thereafter appointed thereto, except with the consent of the mayor. The common council may also, prior to each of such appointments, prescribe the duties of such officers in addition to and not inconsistent with the duties pre-, scribed by this act and subject to such provisions of the- ITHACA CITY CHARTER 9 common council, and to the provisions of this act ; the mayor shall prescribe the duties and fix the rate of com- pensation of all officers appointed by him and of all employes of the city ; provided, however, that the com- pensation of the collector shall not be greater than that allowed the collectors of towns for similar services. \Thus am. by L. 1892 ch. 429]. Failure to Qualify : Forfeiture. — § 2. Every person, elected or appointed to office under this act, who shall refuse or neglect to take and file the oath of office here- inafter required, for ten days after notice in writing from the clerk, of his election, shall be deemed to have declined the office, and his place shall be filled as in case of a vacancy, and he shall forfeit for the use of the city twenty-five dollars, to be sued for and collected in. the name of the city. § 3. ^Repealed by L. 1892 ch. 429]. Qualifications of Voters. — § 4. Every inhabitant, who shall have resided in said city for thirty days and in the ward in which he shall offer his vote, for ten days next preceding the offer of his vote, and who shall at the time and place of offering his vote, be qualified to vote for Member of Assembly, shall be entitled to vote for the officers to be elected by virtue of this act,. in the ward where he shall be so qualified and reside. General Election Laws ; How Applicable. — § 5. The provisions of law in respect to elections for State and county officers, shall apply to elections held under this act so far as the same are applicable, and are not incon- sistent with this act. City Elections; Notices; Polling Places.— § 6. A o-eneral city election shall be held in each of the wards- IO ITHACA CITY CHARTER of said city on the first Tuesday of March in each year after the passage of this act, at such places in the sev- eral wards of sajd city as shall be designated by the common council, and ten days notice shall be given of such election by publishing the same in one or more papers of said city. If no place shall be appointed by the common council, the election shall be held at the same places at which the last preceding annual election of the village of Ithaca was held. Election of Aldermen and Supervisors. — § 7. At each general city election after the passage of this act there shall be elected, as hereinbefore provided one alderman from each ward in the place of the alderman from such ward whose term of office shall next there- after expire, and one supervisor from each ward. [ Thus am. by L. i8g2 ch. 42Q. ] City Elections, How Conducted ; Oaths of City Coun- cil. — § 8. The polls of the election shall be opened at eight o'clock in the forenoon, and shall be kept open without intermission until five o'clock in the afternoon, at such place or places in each ward as the common coun- cil shall appoint, when they shall be finally closed, and the inspectors shall forthwith without adjournment, can- vass the votes received by them, and shall make and cer- tify two statements thereof, one of which shall be filed with the city clerk, and the other with the clerk of Tomp- kins county. The inspectors shall judge of the qualifi- cations of electors, canvass the ballots, and make out and place in the hands of the mayor, or clerk of the city, a certificate containing a statement of the number of votes cast in each ward for each candidate respec- tively, and the common council shall, within one day thereafter, proceed to canvass such certificates, and shall ITHACA CITY CHARTER I I cause a statement of the whole number of votes cast for each candidate to be entered on their minutes, and shall declare those persons elected who have the greatest number of votes, and it shall be the duty of the clerk of the city to notify the several officers of their election. At the first regular meeting of the common council after each annual election, the persons who shall have been elected mayor and aldermen respectively, at said last election, shall each take the oath of office prescribed, by the Constitution. TITLE III. OF THE COMMON COUNCIL. Common Council. — SECTION i. The mayor and al- dermen of the city shall constitute the common council thereof. The present president of the village of Ithaca shall be the mayor of said city for the remainder of the period for which he was elected, such president, and the present members of the board of trustees of the vil- lage of Ithaca shall be the aldermen of said city from their respective wards for the remainder of the periods for which thej' were elected such trustees respectively. At the first election held after the passage of this act as hereinbefore provided, a mayor shall be elected as here- inbefore provided, and at each alternate general city election thereafter there shall be elected as hereinbefore provided, a mayor in the place of the mayor whose term of office shall next thereafter expire. Annual Meeting.— § 2. The common council shall meet at such place as the mayor shall designate, on the first Wednesday next after the annual election in each year, and at such times and places as hereinafter provided. Proceedings of Council.— § 3. At all meetings of the common council, the mayor when present, shall preside, but in his absence one of the aldermen shall be called to the chair. In the proceedings of the common council, each member present shall have a vote, except the mayor, ITHACA CITY CHARTER 1 3 who shall have only a casting vote when the votes of the other members are tied, and except as hereinafter provided. The sittings of the common council shall be public except when the public interest shall require secrecy. The minutes of the proceedings shall be kept by the city clerk and the same shall be open at all times to public inspection. A majority of the common coun- cil shall be a quorum for the transaction of business, but no tax or assessment shall be ordered except by a concurring vote of a majority of all the members of the common council in office, including the mayor who shall be entitled to vote thereon as a member of the council, and no tax levied, assessment-bill ordered, res- olution or ordinance shall take effect until the same shall receive the approval of the mayor, as hereinafter provided. Regular and Special rieetings. — § 4. The common council shall hold regular meetings at least twice each month, one of which shall be on the first Wednesday of each month and the mayor, or in his absence, any three aldermen, may call special meetings by twenty-four hours notice in writing served personally upon the other members of the common councilor by leaving it at their usual places of business during business hours, or their places of abode at other times. Powers of Council. — § 5. The common council shall determine the rules of its own proceedings and be judge of the election and qualification of its own mem- bers, and have power to compel the attendance of absent members from time to time, and to prescribe the duties of all the officers and persons appointed by them to any place whatever subject to the provisions of this act, and the general statutes of this State. 14 ITHACA CITY CHARTER Depository of City Moneys. — § 6. Upon the comple- tion of the assessment- roll in each year, the common council shall designate one or more good and solvent banks in said city as the depository of all moneys received by the treasurer of said city, and may agree with such bank or banks upon a rate of interest per annum to be paid on moneys so collected. Each bank so designated shall, for the benefit and security of the city, and before receiving any such deposits, execute to the common council of said city a good and sufficient bond, with two or more sureties, to be approved by the common council of said city. Such bonds shall be conditioned for the safe keeping and payment on the order or war- rant of said treasurer or upon other lawful authority, all such deposits, and the agreed interest thereon, and it shall be the duty of the clerk of the common council to file such bond in the office of the clerk of such county. It shall be the duty of the treasurer to deposit all funds belonging to the city that may come into his hands in a bank so designated and his failure so to do will be a misdemeanor. The designation of any such bank and the depositing of moneys therewith by such treasurer, shall not release him or his sureties from any liability in relation to such moneys or in any manner affect such liability, except for loss through failure or fault of such designated bank. General Powers of Council.— § 7. The common coun- cil shall exercise all the corporate powers mentioned in the first section of this act, and shall have the control and management of the property, both real and personal, belonging to the city, and all the finances thereof, and except as herein otherwise provided, no debt or liability which may become a charge against said city shall be created or contracted except by the authority of said ITHACA CITY CHARTER 15 common council ; and in addition to such other powers as may be herein conferred upon it, the said common council shall have full power : Preserve Peace, etc. — i. To prevent vice and im- morality, to preserve peace and good order, and to pre- vent and quell riots or disorderly assemblages. Suppress Disorderly and Gaming Houses. — 2. To restrain and suppress disorderly and gaming houses, all instruments and devices used for gaming, to prevent all gaining and fraudulent devices in said city, and to reg- ulate billiard rooms and bowling alleys and shooting galleries. Regulate Saloons. — 3. To regulate and fix the hours of closing saloons and places where intoxicating liquors are sold. Regulate Exhibitions. — 4. To prohibit, restrain and regulate all exhibitions, circuses or other performances for money, and authorize the same on such terms as they shall deem expedient. Suppress Disorderly Houses. — 5. To suppress disor- derly houses and houses of ill-fame and to restrain and punish the keepers thereof. Punish Disorderly Persons. — 6. To restrain and punish vagrants, mendicants, street-beggars and persons soliciting alms, common prostitutes, lewd and disorderly persons, and to prevent and punish drunkenness and disorderly and immoral conduct in public places or streets. To Control Conduct in Streets.— 7. To prohibit the obstruction of the streets of said city by the gathering 1 6 ITHACA CITY CHARTER or assembling of persons thereon, and to authorize the police officers of said city to disperse all such gatherings or assemblages of persons, and upon the refusal of per- sons so congregated or assembled to disperse, when com- manded so to do by a duly appointed police officer under regulations to be prescribed by the common council, such police officer may make summary arrest of anv per- son or persons so refusing, and take him or them forth- with before the recorder of said city, to be by him tried as disorderly persons and punished as such, and all such persons are hereby declared to be disorderly persons. Slaughter and Powder Mouses. — 8. To direct the location of all slaughter-houses, markets and houses for storing gunpowder or any combustible or explosive sub- stance, and to regulate the keeping and conveying of gunpowder and other dangerous materials, and the use of lights in barns, stables and other places. Fireworks and Firearms.— 9. To prohibit and reg- ulate the exhibition of fireworks, the storing and sale of gunpowder and the discharge of firearms within said city. Regulate Use of Streets. — 10. To prevent or regu- late horse racing and immoderate driving in the streets of said city, and to authorize the stopping of anvone who shall be guilty of immoderate riding or driving in said streets, and to prevent the flying of kites, riding on bicycles on sidewalks, rolling hoops, playing at ball, coasting, or any other amusement practiced having a tendency to injure or annoy or endanger persons passing on the streets or sidewalks or to frighten teams or horses in said city. Encroachments and Obstructions on Streets n To prevent any encroachment, encumbrance or obstruc- ITHACA CITY CHARTER 1 7 tion or in upon or over any street, sidewalk, highway or public ground in said city, and in case of neglect or refusal of any person who shall have caused any such encroachment, encumbrance or obstruction, or of the owner or occupant of any premises upon which shall be any building, fence or other structure or thing encroach- ing upon, encumbering or obstructing any street, side- walk, highway or public ground in said city, to remove the same after being notified so to do, the common coun- cil shall have power to cause such removal at the cost and expense of such person or of such owner or occupant and to collect such cost and expense as hereinafter pro- vided. Swimming. — 12. To regulate and determine the time and place of bathing and swimming in the waters of said city. Pound. — 13. To establish and regulate a public pound and to restrain cattle, horses, sheep, swine, dogs, o-eese and other animals and fowls from runmnsr at large in said city, and to authorize the distraining, im- pounding and sale of the same (except dogs), for the penalty incurred and the cost of keeping and proceed- in^, and to make regulations for taxing and confining dogs and for destroying such as may be found running at large contrary to any ordinance and to regulate their running at large. Removal of Snow, Ice and Dirt. — 14. To require all persons owning or occupying property in said city and the owners of unoccupied property therein to remove all snow, ice and dirt from the sidewalks in front of the premises so owned or occupied by them and to keep the same clean and free therefrom, and in case of neglect or refusal on the part of such owner or occupant so to do, to 1 8 ITHACA CITY CHARTER remove the same at his expense, and to impose and col- lect such penalty as shall be provided by any ordinance of said city for such neglect or refusal. Ringing of Bells and Crying of Goods. — 15. To reg- ulate the ringing of bells and crying of goods, wares and merchandise or other commodities in said city. Lotteries, Peddlers, etc. — 16. To prohibit, restrain and regulate all gift enterprises or sales of goods founded upon or connected with any gift, lottery or chance, with- in the corporate limits of said city, and restrain and regulate the sale of goods and merchandise at public auction within the same limits, and to authorize the licensing of the latter upon such terms as the common council shall deem proper. The said common council shall likewise have the power to prohibit and regulate all hawking and peddling, auctioneering or sale of prop- erty in the streets, alleys, lanes, sidewalks and public parks and places of said city. Water Supply. — 17. To establish, regulate and con- struct public reservoirs and hydrants, and to provide for supplying the city with water by means of pipes, and to make regulations in regard to the use of the same. No contract shall hereafter be made by such city for the supply of water by pipes or hydrants for city purposes after the year eighteen hundred and ninety- three, until after sealed proposals therefor shall have been invited • by reasonable public notice of the time when such pro- posals will be received and considered, and no such contract shall be awarded except to the lowest respon- sible bidder. Nor shall water be supplied to said city at city expense for public purposes by pipes or hydrants after the year eighteen hundred and ninety-three by ITHACA CITY CHARTER 19 virtue of auy contract or agreement hereafter made or implied unless such contract or agreement be made after such notice and with such lowest responsible bidder. {Thus am. L. i8gj ch. J#6]. City Sealer. — iS. To appoint one or more exam- iners of weights and measures. Parks and Cemeteries. — 19. To establish, regulate and maintain public parks in said city and cemeteries within or without the bounds of said city. To preserve, adorn and protect the same and to prohibit and prevent interments within the bounds of said city unless in such ceneteries* as may be within said bounds. Street Lighting. — 20. To provide for the lighting of the streets in the city and the protection and the safety of the public lamps, to prevent the same from being lighted or extinguished by persons not duly authorized by said common council to light or extin- guish the same. Fire Apparatus. — 21. To procure fire engines and other apparatus for the extinguishment of fires and have the charge and control of the same and provide, fit and secure engine houses and other places for keeping and preserving the same. Fire Department. — 22. To organize and establish a fire department, and to make such fire laws, rules, regu- lations and ordinances of said department and the rights and duties thereof, and of citizens during fires in said city, as they may deem best, and to enforce the same by suitable fines and penalties. *So in original. 20 ITHACA CITY CHARTER Protect Property at Fires. — 23. To protect property, both real and personal, of individuals at times of fires, and to appoint guards for the protection of the same, and to prescribe their various duties and compensation. Fire Wardens. — 24. To authorize the fire wardens at reasonable times to enter and examine all houses, stores, yards and outbuildings, and to ascertain if they are in a dangerous state in regard to fires. To prevent or regulate the construction of any building, chimney, fire-place, heater, stove, stove-pipe, oven repository for ashes or charcoal, boiler, furnace, or any other appara- tus or thing whatever which may be considered danger- ous with respect to fire, and to cause the owner or occu- pant of any premises upon which shall be found anything dangerous as aforesaid, to remove the same or put it in a safe condition, and in case the owner or occupant shall refuse or neglect to do so, the common council shall have power to cause the same to be done at the expense of the owner or occupant, and to collect such cost as hereinafter provided and for the purposes aforesaid or either thereof, the said common council shall have power to enter into or upon any building or premises in said city. Fire Limits. — 25. To prescribe limits in said city within which wooden or wooden parts of or additions to buildings shall not be erected or placed without the permission of said common council, to order the removal of such buildings or additions if erected without such permission, and to direct that any or all buildings or parts of or additions to buildings thereafter to be erected or placed within said limits, shall be made or con- structed of some incombustible material with such par- tition walls and fire-proof roofs as they may judge neces- ITHACA CITY CHARTER 21 sary, under such penalties as may be prescribed by said common council. Real Estate.— 26. To purchase, hold, sell, convey and agree to purchase and convey real estate whenever necessary or expedient for the accomplishment or execu- tion of any of the purposes or powers or duties mentioned in this act. Sidewalks. — 27. To cause the sidewalks on the streets and highways of said city to be raised, leveled, curbed, graded, graveled, paved, planked, and repaired and at the expense of the owners or occupants of the adjacent lands and premises, and if any of the matters or things above mentioned be not done by such owners or occupants within the time and in the manner, and of or with the material by said common council required and prescribed, the said common council may do or cause the same to be done, and may assess the expense thereof upon the owners or occupants, and cause the same to be levied and collected in the manner hereinafter in this act provided. Shade Trees. — 28. To direct and regulate the plant- ine of shade and ornamental trees along^ the streets and sidewalks in said city, and to prevent the injury or defacement of any trees, fences, walls, posters or build- ings in said city. Gas and Water Pipes. — 29. To regulate and super- intend the laying of all gas or water pipes in said city, and to require any corporation, company or person after laying or repairing such pipes in any street or highway in said city to put such street or highway in good con- dition or repair, and to remove all incumbrances or 22 ITHACA CITY CHARTER obstructions which such corporation, company or per- son may have placed or caused to be placed in any such street or highway without any unnecessary delay, and to require such corporation, company or person to keep proper signal lights burning at night at all holes or ditches or other places which may have been rendered dangerous to persons traveling such streets or highways, and in case such corporation, company or person shall neglect or refuse to do any of the acts so required of them, the said common council shall have power to cause the same to be done at the cost and expense of such corporation, company or person, and to collect such cost and expense by suit at law, or as hereinafter provided. Unsafe Buildings and Walls. — 50. To compel the owner or occupant of any wall or building in the city which may be in a ruinous or unsafe condition, to ren- der the same safe or to take down and remove the same, and to prohibit such erections, and in case of the neglect or refusal of such owner or occupant to render such wall or building safe or to take down and remove the same after being notified so to do, the common council shall have power to cause the same to be taken down or removed at the expense of such owner or occupant and to collect such cost and expense as in this act provided. Expense, How Collected. — 31. To make the costs and expenses incurred b}' the city in pursuance of sub- divisions eleven, fourteen, twenty-four, twenty-nine and thirty of this section, a lien upon the premises or lots therein mentioned or implied, and to issue warrants against the owners or the occupants thereof respectively, and to collect such costs and expenses as assessments and taxes are collected. ITHACA CITY CHARTER 23 Hap of Streets — 32. To cause to be made a map of all the streets and highways in said city, and to designate thereon and at such places in said street as they may deem proper, those streets or highways which in their judgment cannot be put in a proper condition for gen- eral travel without too great expense. To repair said streets for the convenience and benefit of the inhab- itants thereof, but the said city shall not be liable for any accident or injury to person or property caused or occasioned by the defective condition of any street or highway thus designated. Wires and Poles. — 33. To control, regulate and re- strain the setting of poles and stringing of wires by tel- egraph, telephone or electic* light or other companies in the streets of said city. Regulate Use of Railroads. — 34. To regulate the speed of locomotives, tenders and railroad and other cars propelled by steam, electricity or horse power and to prevent the unnecessary obstruction of the streets by by the same in said city, to require flagmen to be sta- tioned or gates to be erected at street crossings by rail- roads in said city and to make needful regulations in regard thereto for public safety. Private Sewers, Gas and Water Pipes. — 35. To pre- scribe regulations as to the locations and construction of private sewers, drains or water or gas pipes in said city and for the prevention of any injury or obstruction of any street or sidewalk thereby. Care of City Records. — 36. To provide for the care, custody and preservation of the public property, books, records and papers belonging to said city. To prevent *So in original. 2 4 ITHACA CITY CHARTER and punish any injury to or trespass upon the same ; to make any and all necessary repairs and improvements to the same, and to cause any part thereto to be insured when they shall deem it necessary. Audit Claims. — 37. To audit such accounts and claims against the city as are made out in its items and verified, and to order the payment of such as shall be allowed, and to make such rules and regulations in regard to the same as they may deem necessary and proper. Correct Assessment Roll. — 38. To correct the assess- ment-roll in respect to taxes imposed by virtue of this act in the same manner as a board of supervisors may by law correct the town-rolls of their county, and for this purpose said common council shall be vested with power to make such correction, and shall possess all the powers in relation to such assessment-roll that boards of super- visors have by statute in case of town assessment-rolls and town and county taxes. Ordinances. — 39. To make such general ordinances, by-laws and regulations not repugnant to the general laws of this State as they shall deem expedient for the good government of the city. Ordinances Continued. — 40. For the purposes afore- said, or any of them, or of executing any powers con- ferred upon the common council, or upon the city, bv this act or otherwise, the said common council shall have full power to make, establish, publish, modify, amend or repeal ordinances, rules, regulations and by- laws, and to prescribe, fix and enforce such penalties and fines as they may deem proper for the violation of them respectively, not exceeding fifty dollars for any ITHACA CITY CHARTER 25 one offense, except as herein otherwise provided, and to collect the same of any persons guilty of such violation in any court having jurisdiction of such cases. Every such rule, ordinance and regulation or by-law shall be published once in each week for two weeks successively in one or more newspapers published in said city before it shall take effect, and every such ordinance, rule, reg- ulation or by-law, together with a certificate by the clerk of the city of the time and manner of the publica- tion thereof, shall be entered or recorded in a book to be provided and kept for that purpose, and the said record, or a copy thereof, certified by the clerk of said city, shall be presumptive evidence in all courts and places, and in all actions and proceedings of the due passage of such ordinance, rule, regulation or by-law, and of its having been duly published. Village Ordinances Continued. — § 8. All existing ordinances, by-laws, resolutions and regulations of the village of Ithaca, not inconsistent with the provisions of this act are hereby adopted and declared to be in full force and effect within the limits of the city of Ithaca until repealed or modified as provided in this act for the repeal, amendment or modification of ordinances, by-laws and regulations. Recorder's Court. — § 9. The recorder of said city is hereby authorized and empowered to hold a court to be known as the recorder's court, which shall have the jurisdiction hereinafter provided. All actions brought to recover any penalty or forfeiture incurred under this act, or the ordinances, by-laws, rules or regulations made in pursuance thereof, may be brought in the corporate name of said city, in any court of record, if the sum claimed exceeds fifty dollars, and if the 26 ITHACA CITY CHARTER sum claimed does not exceed two hundred dollars, it may be brought in the recorder's court of the city of Ithaca, and said recorder's court shall have jurisdiction • exclusive of any justice's court to try and determine the same, and render judgment therein, and in any such action brought in such recorder's court, the first process may be by warrant, and on judgment for recovery for any such penalty or forfeiture in either court, execution shall issue against the person of the defendant, as well as against his property, in the same manner as in cases in which executions against the person are authorized to be issued upon judgments rendered injustice's courts. Even' violation of an ordinance of said city shall con- stitute disorder!}' conduct within the meaning of this -act. TITLE IV. OFFICERS OF THE CITY, THEIR POWERS AND DUTIES. riayor.— Section i. The mayor of the city of Ithaca shall be the chief executive magistrate thereof, and shall, when present, preside at all the meetings of the common council. It shall be his duty to take care that within said city the laws of this State and the ordinances and by-laws passed by the common council shall be faith- fully executed, and as the head of the police of said city, to arrest or cause the arrest of all persons violating the same ; to exercise a constant supervision over the con- duct of all subordinate officers ; to receive and examine into all complaints against them for misconduct or neglect of duty. To appoint at the first meeting of the common council in each municipal year, or as soon, thereafter as may be, all standing committees required by the rules of the common council and all special com- mittees of the common council unless by it otherwise ordered. To recommend, in writing, to the common council, from time to time, such measures as he shall deem necessary or expedient for them to adopt ; to ap- prove or disprove of all bills, orders, resolutions or ordinances which shall have passed the common coun- cil, but if he approves he shall endorse his approval thereon in writing, and sign such approval, and if he disapproves, he shall return the. same to the common council or the clerk thereof, with his objections in writ- ing, which shall be filed by the clerk, and the common. 2 8 ITHACA CITY CHARTER council may at its next meeting thereafter, proceed to reconsider such ordinance, resolution, order or act thus disapproved, and if the same shall be passed by the votes of two-thirds of all the members of the common council then in office, the same shall have full force and effect notwithstanding the objection of the mayor. If any such bill, order, resolution or ordinance shall not be so returned by the mayor to the common council or clerk within five days after it shall have been presented to him (Sunday excepted), such ordinance, resolution, order or act shall have full force and effect in like man- ner as if duly approved by the mayor, unless the term of office of mayor shall have expired within five days after the same shall be presented to him, in which case such ordinance resolution, order or act shall have no force. He shall have power summarily, to hear, try and determine any complaint against any appointed officer of said city for misconduct or neglect of duty, and to suspend or remove said officer ; provided, how- ever, that at the next meeting of the common council after such removal, he shall state his reasons therefor, in writing, which shall be spread upon the minutes of the common council ; and he shall also have power summarily to revoke any license of any hackman, cart- man or for the exhibition of any show. He shall sign all warrants ordered by the common council for the pay- ment of moneys by the city treasurer. He shall have power to administer oaths and take affidavits and ac- knowledgments. In case the mayor shall be unable to perform the duties of his office in consequence of sickness or absence from the city, or if there shall be a vacancy in the office, the common council shall appoint by bal- lot one of their number to preside at their meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of the mayor of ITHACA CITY CHARTER 29 the city, until the mayor shall resume his office or the vacancy shall be supplied according to law. The mayor of the city of Ithaca shall possess all the powers and authority conferred upon the mayors of cities by any general statute of the State. He may also upon com- plaint being made to him under oath, issue a warrant to the chief of police or any police officer in the city of Ithaca to arrest any person charged with any crime or misdemeanor, or with any violation of any of the laws or statutes of said State within said city, and bring such person for examination or trial before the recorder or acting recorder, and such warrant may be executed by any officer to whom it is directed at any place within the State without endorsement. When such process shall be made returnable before the recorder or acting recorder, such officer upon the same being returned to him or the prisoner arrested by virtue thereof being brought before him, shall take and acquire jurisdiction of the subject matter and proceed with the case to the same extent and in the same manner and in all respects as if such process had been originally issued by him. He shall have power at all times to examine the books, vouchers and papers of any officer or employe of said city and to summon or examine under oath any person con- nected therewith. Aldermen. — § 2. It shall be the duty of every alder- man in said city to attend the regular and special meet- ings of the common council, and to act upon committees when thereunto appointed by the mayor or common council. To report to the mayor all officers who are o-uilty of any official misconduct or neglect of duty, and to aid in maintaining peace and good order in said city and to perform or assist in performing all such duties as are enjoined upon the aldermen of said city separately, •or upon the common council thereof. 3Q ITHACA CITY CHARTER Supervisors. — § 3. The supervisors elected under provisions of this act shall be members of the board of supervisors of the county of Tompkins, and it shall be their duty to represent said city at the general or any special session of the said board and to act and vote like other supervisors. The} 7 shall receive the same compensation allowed by law and in the same man- ner as supervisors of towns for similar service. Assessor. — § 4. It shall be the duty of the assessor or assessors to prepare and deliver to the common coun- cil and file with the clerk a tax roll and assessment of each tax directed to be levied upon the taxable inhabit- ants and property of said city, and a duplicate thereof, both of which shall be deemed originals in such way and manner as hereinafter provided. Clerk.— § 5. The clerk of said city shall have the custody of the records, books and papers of said city, and shall attend its meetings and act as clerk of the common council, and he shall record in the manner prescribed by the said common council, their ordinances, rules and regulations, by-laws, resolutions and proceed- ings at elections and meeting of the inhabitants of the said city. The books and papers in the office of the said clerk shall at all reasonable times, on demand, be pro- duced for inspection to any taxable inhabitant of said city, and upon a like demand and a tender of fees at the rate of ten cents per folio therefor, he shall furnish copies of any papers or records filed with him as such clerk. Copies of all papers duly filed in his office, and transcripts from the records of said city, certified by him under the corporate seal, shall be evidence in all courts and in all actions or proceedings, in like manner as if the originals were produced. He shall keep an accurate ITHACA CITY CHARTER 31 account of all the moneys received by him belonging to the city, and shall, within ten days after the receipt of any moneys by him, pay the same over to the treasurer of the city, for which he shall take a receipt from such treasurer and file the same in his office and report the same to the common council at its next regular meeting He shall also keep an accurate account of all expen- ditures by said city, which account shall be kept in such a manner as the common council shall direct. All moneys shall be drawn from the treasury in pursuance of the order of the common council, by a warrant upon the city treasurer, signed by the mayor or presiding officer of the common council, and countersigned by the clerk. Such warrant shall specify for what purpose the amount therein named is to be paid, and to what fund chargeable ; and the clerk shall keep an accurate account of all warrants drawn on the treasurer in a book to be provided for that purpose, specifying the number of each warrant, the purpose for which issued and the number of the voucher and date of resolution upon which it is issued. He shall countersign all licenses granted by the common council or any officer of said city authorized by this act to grant the same, and shall enter in proper books full minutes of all such licenses. He shall give immediate notice in writing to any person elected or appointed to any office under this act, of his election or appointment, which notice shall be deposited in the postomce, properly addressed to such person. He shall have the custody of the corporate seal. His office is hereby declared a town clerk's office for the purpose of depositing, filing and entering of record therein all books and papers required by law to be deposited, filed or entered of record in a town clerk's office, and he shall in and for said city possess the powers, discharge the duties and receive the fees of the town clerk, which 3 2 ITHACA CITY CHARTER fees shall be paid over to the city treasurer within ten days from their receipt, and he shall have the same right, power and authority within the county of Tomp- kins to administer oaths, and to take affidavits and acknowledgments that justices of the peace have. [ Thus am. by L. 1892 ch. 429]. City Treasurer. — § 6. The city treasurer shall, be- fore entering upon the duties of his office, enter into a bond with two or more sureties in such penal sum as ma)' be fixed by the common council, which bond, when approved by the- mayor shall be immediately filed in the office of the clerk of the county of Tompkins, and the common council shall have the power to increase the amount of said bond whenever, in their discretion, they may regard it to be advisable. Said treasurer shall receive and safely keep all moneys belonging to said city ; shall keep an accurate account of all receipts and payments, so as to exhibit the amount paid for each particular class of purposes for which money shall be raised, and make returns thereof in such manner and at such times as the common council shall direct, and in such account of payments or disbursements shall state therein the number of the warrant upon which every payment or disbursement was made. Recorder.—! 7- Tne present police justice of the village of Ithaca shall be the recorder of said city for the remainder of the period for which he was elected such police justice, or until his successor shall be duly elected and qualified. At each general election next preceding the expiration of the term of office of the recorder of said city, there shall be elected by the electors of said city a recorder whose term of 'office ITHACA CITY CHARTER 33 shall be four years unless sooner removed, and who shall hold said office until his successor has qualified. Oath and Bond. — 1. The recorder so elected, be- fore entering upon the duties of his office, shall take the oath of office prescribed by law for judicial officers, and shall file with the clerk of said city, his bond, in such penalty, and with such sureties as the common council of said city shall decide and approve of for the faithful discharge of his duties as recorder, and for the payment over to the treasurer of said city, of all funds which shall come into his hands as such recorder, according to the provisions of this act, and shall immediately thereafter enter upon the discharge of the duties of his office. Office Room. — 2. The common council of said city shall provide a suitable office for said recorder. It shall be his duty to attend at such office at all reasonable hours, and to hear all matters, issue all processes and institute such proceedings as the proper administration of justice requires. Jurisdiction.— 3. The recorder of said city shall, in all criminal actions and proceedings and special pro- ceedings of a criminal nature for or on account of offenses committed or charged to have been committed "within said city, have all the jurisdiction and authority which a justice of the peace of any town would have, if such offense were committed or charged to have been com- mitted in such town, exclusive of any other officer except the mayor of said city, and judges and justices of courts of records. The said recorder shall have exclusive juris- diction and authority to hear, try and determine, sum- marily and without a jury, all charges and complaints against persons of disorderly conduct in said city, as 34 ITHACA CITY CHARTER defined by this act, or of such conduct in said city as constitutes such persons, tramps, vagrants or disorderly persons as defined either by this act or the statutes of this State. Whenever any person shall be brought before said recorder, either with or without warrant, charged with being such tramp, if said recorder is sat- isfied by the confession of such person, or by competent evidence upon such summary trial that such person is such tramp, the said recorder shall thereupon have juris- diction and authority to render judgment convicting such person thereof, and imposing such sentence there- for as is provided by section one of chapter four hun- dred and ninety of the laws of eighteen hundred and eighty-five for such offense. Whenever any person is brought before such recorder either with or without war- rant, charged with such disorderly conduct, or with being either such tramp, such vagrant or such disorderly per- son, if said recorder shall be satisfied by the confession of such person or by competent evidence, upon such summary trial that such person has been guilty of such disorderly conduct, or is such vagrant or such disorderly person, the said recorder may thereupon take such fur- ther proceedings thereon as a magistrate is authorized by the Code of Criminal Procedure to take in such case, or the said recorder may, instead render judgment convicting such person of disorderly conduct or of beino- a vagrant or disorderly person as the case may be, and that he pay a fine not exceeding fifty dollars or be im- prisoned not exceeding six mouths, or both, as the case may require, which judgment shall be enforced in the same manner, in all respects, as judgments of courts of special sessions are enforced. Special Sessions.— 4. The said recorder is hereby empowered to hold courts of special sessions in said ITHACA CITY CHARTER 35 city, and subject to the power of removal provided for in sections fifty-seven aud fifty-eight of the Code of Criminal Procedure, courts of special sessions held by said recorder shall have, in the first instance, exclusive jurisdiction to hear, try and determine all charges of misdemeanors committed within said city, which are enumerated in section fifty-six in the Code of Criminal Procedure. Subject to the power of removal provided by section two hundred and eleven of the Code of Crim- inal Procedure, courts of special sessions held by said recorder shall also have, in the first instance, exclusive jurisdiction to hear, try and determine all other charges of misdemeanors committed within said city. Special Sessions Continued. — 5. Courts of special sessions held by said recorder shall also (subject to re- moval as provided by sections fifty-seven and fifty-eight of the Code of Criminal Procedure, if the misdemeanor is one of these enumerated in section fifty-six of the Code, and otherwise subject to removal as provided by section two hundred and eleven of said Code), have jurisdiction to hear, try and determine charges of misdemeanors committed as follows : Committed partly within and partly without such city, or when the acts, omissions, or effects thereof, which constitute or are requisite to the consummation of such misdemeanor occur partly within and partly without such city ; committed in this State on board of a vessel navigating a river, lake or canal or lying therein in the course of her voyage, or in respect to any portion of the cargo or lading of such boat or vessel, in case such river or canal passes through said city or any part thereof, or in case such lake is situated in or borders on said city, or such voyage terminates in said city or would terminate therein if completed ; com- •mitted in this State in or on board of any railway engine, 36 ITHACA CITY CHARTER train or car making a passage or trip on or over any railway in this State, or in respect to any portion of the lading or freightage of any such railway engine, train or car, in case such railway engine, train or car passes or has passed in the course of the same passage or trip, through said city or any part thereof, or where such passage or trip terminates in said city, or would terminate in said city if completed. Otherwise than as hereinbefore provided courts of special sessions held by said recorder shall not have jurisdiction to hear, try or determinechargesofmisdemeanorsnot committed within said city. Powers. — 6. When a person shall be convicted by a court of special sessions, held by said recorder of any misdemeanor of which such court has jurisdiction but jurisdiction of which is not conferred upon courts of spe- cial sessions by the Code of Criminal Procedure, the court of special sessions held by said recorder may render such judgment imposing such sentence therefor as a court of sessions might lawfully render and impose in case a con- viction of such crime were had in a court of sessions. Except as hereinbefore provided, courts of special ses- sions held by said recorder, shall have all the powers and jurisdiction conferred upon courts of special sessions by the Code of Criminal Procedure, and shall be subject to all the provisions of said Code relating to courts of spe- cial sessions. Bail.— 7. The said recorder shall have power to let to bail all persons charged with crime before him in all cases of felony when imprisonment in the State prison, on con- viction for such felony, cannot exceed five years, and to institute all proceedings respecting bastardy in said city, and to hear, try aud determine the same, associating ITHACA CITY CHASTER 37 with himself for that purpose some justice of the peace of the county as provided by the Code of Criminal Proced- ure. He shall also have the same right, power and authority within the county of Tompkins to administer oaths and to take affidavits and acknowledgments that justices of the peace have. Acting Recorder — 8. In case of sickness, absence from the city, disability or inability of the recorder to act, his powers and duties are hereby conferred and im- posed on either of the justices of the peace of the city of Ithaca or other suitable person who may be designated by the mayor of said city ; and it shall be the duty of the mayor of said city each year to designate one of the jus- tices of the peace of said city, or other suitable person, who shall act in such cases instead of the recorder, and who shall in such cases have power to hold all courts which said recorder may hold in all respects as if held by said recorder and he shall be designated and known as "acting recorder." He shall file with the clerk of the city of Ithaca a bond as required by the second par- agraph of this section before entertaining jurisdiction of any action or proceeding by virtue of this act. [Thus. am. by L. 1895 Ch. 2ii\ Acting Recorder Continued. — 9. In case any war- rant issued by the recorder shall be returned during his absence from the city or during his inability to attend to the duties of his office, any further proceeding may be had on such warrant before the justice of the peace of said city, designated as above provided ; and the jus- tice having once obtained jurisdiction over any matter under this or the preceding paragraph, may retain it and proceed to the determination of it and shall be entitled to receive for his services the same pay pro rata as here- 38 ITHACA CITY CHARTER inafter fixed for the recorder, and the same to be paid by said city, and the amount thereof to be determined by the common council of said city. [Thus am. by L. 1892 Ch. 429]. Service of Process. — 10.' All processes and mandates issued by the recorder or the acting recorder requiring service, shall be served by the city police or by officers authorized by the law of this State to serve such pro- cesses and mandates, and when served by the city police they shall be served without fees for their own benefit, but they shall demand and receive for all process served by them properly chargeable to the county, the same fees as are provided by law for constables for like services. And they shall keep a correct account thereof, and the same shall be presented in the name of said city to, and audited by the board of supervisors for the benefit of said city. [Thus am. by L. 1892 Ch. 4.29]. Fees. — 11. The said recorder and acting recorder shall not receive for their own benefit any fee for services performed under this act, but they shall demand and re- ceive in all proceedings before them for all services ren- dered by them as recorder or acting recorder, the same fees as are provided by law for justices of the peace of towns for like service, and all fees and charges, which may be legally payable whenever suits or proceedings pending before either of them shall be settled or dismissed by consent, including constable fees. All such costs and fees, and all fines and penalties, or other moneys col- lected by either of them shall be paid to the treasurer of said city within one month from the time of receiving the same ; and any failure or omission to so pay over ITHACA CITY CHARTER 39 such fines, penalties or other moneys shall be sufficient cause for removal of said recorder or acting recorder from office. County Charges. — 12. The recorder and acting re- corder shall keep an account of all such fees and fines, and all such criminal business done by them and such portion of said criminal business as is by law chargeable to the county shall be made out by the recorder in an itemized bill as is required by law, and he shall annually, at the time for presentation of bills against the county of Tompkins, present in the name of said city said account, properly made and verified, to the board of supervisors of said county, and 'said board shall audit said account to the city of Ithaca, and levy the same in the same manner as other county charges. [Thus am. by L. 1892 ch. 4.29]. Deductions from Salary of Recorder. Docket. — 13. The recorder shall not be paid for such time as he fails to perform the duties of his office, and a ratable propor- tion may be deducted from his salary because of any such failure to perform his duties, and such deduction be paid to said acting recorder, and the amount thereof be determined by the common council of said city. The recorder and acting recorder shall keep a docket of all business done by them, with full items and dates, and with proper and convenient index ; such docket shall contain a record or brief statement of all convic- tions, acquittals and judgments before either of them, and the same shall be open during office hours to public inspection when not in use. Processes.— 14. All -processes, mandates, orders, commitments or other documents made or issued by the 40 ITHACA CITY CHARTER recorder, shall be signed, in addition to his signature,, "recorder of the city of Ithaca ;" when made or issued by the acting recorder, the same shall be signed in addi- tion to his name, and title of his office, "acting recorder of the city of Ithaca." Appeals.— 15. Appeals may be takeii from final orders and judgments rendered by the recorder, and the courts of special sessions held by said recorder as pro- vided by the Code of Criminal Procedure, and from judg- ments rendered by the recorder's court held by said re- corder as provided by the Code of Civil Procedure for appeals from justice's courts. Removal. — 16. A recorder, elected as provided in this act, may be removed from office in the same man- ner as a justice of the peace, as provided by title two of the Code of Criminal Procedure, and by section eighteen of article six of the Constitution of the State of New York. City Superintendent. — § 8. The city superintendent shall have charge of the streets, sewers, bridges, side- walks and all other property of the city, except as otherwise provided in the charter. He shall also have charge of the city cemetery and shall also be charged with the duty of contracting for all needed labor and material, subject, however, as to all his duties to the direction and rules prescribed by the common council and the mayor as hereinbefore provided. Police Constables. — § 9. The police constables shall have the same power and authority, and be subject to the same liabilities and obligations, except as herein otherwise provided, as constables elected in any of the ITHACA CITY CHARTER 41 towns of the counties of the State. They may execute civil processes in suits when the city or its officers or some one of them in their official capacity may be a party and shall have and perform such other duties as shall be assigned ,them by the common council. It shall be their special duty to see that the police regulations and ordinances of the city be observed, and to discover and report to the mayor all violations thereof. They shall have power without process to arrest and bring before the recorder or acting recorder of the said city, persons guilty in their presence of violating the public peace and such as are designated in this act as disorderly persons who may be guilty in their presence of acts rendering them such or of disorderly conduct. All per- sons who shall be intoxicated in any street, park, alley or other public place in said city, and all persons, who shall by noisy, tumultuous, or riotous conduct, disturb the people ; and all persons who shall have incited or induced dogs to fight or to be engaged in exciting or causing them to fight in any street or public place in in the city ; and all persons who shall fight on any street or public place in the city and all persons who shall by blowing horns, hallooing or otherwise make loud noises tending to disturb the quiet of the people without just cause ; and all persons, who shall willfully and malici- ously break or injure any awning or awning post, or any public lamp or* or lamppost or shall willfully and for purposes of disturbance or mischief give or create any false alarm of fire, or remove from or pile up before any door boxes, casks or other things for the purpose of an- noyance or mischief ; and all persons who shall willfully throw ink or other liquid, or any missile or thing, upon or against or into any building of the city with malicious intent to injure the same or to annoy any owner thereof ; *So in original. 42 ITHACA CITY CHARTER and all persons, who shall willfully and maliciously in- jure or deface any fence, trees, shrubbery or ornamental thing in the city, are hereby declared to be disorderly persons, and may be proceeded against according to the provisions of this act. Collector. — § 10. The collector of taxes and assess- ments in the city of Ithaca, shall perform the duties and be subject to the duties and obligations prescribed by law for town collectors, except as herein otherwise pro- vided, and all taxes to be collected for the use of the city, shall be collected by him. Pound Master.— § 1 1. The pound master shall have the powers and perform the duties conferred and imposed upon him by this act and upon town pound masters by any statute of this State, and such other lawful duties and powers as the common council may prescribe. Qualifications of City Officers. — § 12. No person shall be eligible or appointed to any office unless he shall be, at the time, a resident and elector of said city, and whenever any officer of said city shall cease to be a resident of said city, or shall resign to the common council or be removed, his office shall thereby become vacant. No person shall be eligible to the office of mayor, alderman or assessor unless he shall own property liable to be assessed for the expenditures of said city. Terms and Compensation. — § 13. The term of ser- vice of the mayor and aldermen shall be two years without compensation. Of the recorder four years, with compensation of one thousand dollars per annum. Of the supervisors, one year, with compensation the same as allowed by statute to supervisors of towns for similar service. All officers appointed by the mayor shall serve ITHACA CITY CHARTER 43 during the term of office of the mayor appointing them respectively, unless sooner suspended or removed by such mayor as hereinbefore provided (except assessor, whose term of service shall be four years, and who shall perform the duties of the members of the present board of assessors of the village of Ithaca, as their respective terms of office expire). Officers holdover.— § 14. All officers elected or ap- pointed under this act shall hold their respective offices, unless sooner removed or disqualified, until their suc- cessors shall be elected or appointed and qualified. Justices of Peace.— § 15. The justices of the peace for the present town of Ithaca shall continue to act for the city and town of Ithaca, as hereinbefore until their term of office shall expire. The town of Ithaca shall, at its next annual town meeting, elect only one justice of the peace, and shall elect one in each year thereafter. The city of Ithaca shall not elect a justice of 'the peace until its city election in March, eighteen hundred and ninety-four, when a justice of the peace shall be elected by said city, his term of office to commence at once and continue for four years, and at the election in every two years thereafter a justice of the peace shall be elected by said city to hold office four years. Said justices of the peace shall have and exercise all the powers, authority and jurisdiction, discharge all the duties and be entitled to the fees and compensation of justices of the peace of the several towns of this State and all laws applicable to justices of the peace of the several towns, and to their official acts, duties and powers, shall apply to the justices of the peace of said city, except they shall not be members of any towu board or constitute a part thereof, or have any power in. 44. ITHACA CITY CHARTER the same. The said justices shall have the same juris- diction of actions in which the parties thereto live with- out the city as if the limits of the city of Ithaca embraced the present town of Ithaca. [Added by L. of 1892 ch. 4.29. J Constables. — § 16. The constables of said city ap- pointed by the mayor, as hereinbefore provided, shall perform such duties as are by law prescribed for consta- bles in towns and counties in this State, and shall be entitled to similar fees therefor. They shall, with such sureties as the mayor may approve, severally execute and file with the city clerk a bond for the faithful per- formance of their duties, and for the due payment to ■every person who may be entitled thereto to all such sums of money as said constables may become liable to pay by means of or on account of executing executions or other process which shall be delivered to them for execution, service or collection. Such constables and their sureties shall be liable on such bonds to the same extent that constables of towns and other sureties are liable on the bonds given by them. [Added by L. 0/1892 ch. 429.] Overseer of Poor. — § 17. Except as otherwise pro- vided by law, the overseer of the poor of said city shall possess all the powers and authority of overseers of the poor in the several towns of this State, and shall be sub- ject to the same duties, obligations and liabilities, and for the purpose of his office, the city of Ithaca shall be treated in the same respect as a town would be. If it shall appear to the overseer of the poor of said city, that any person applying to him for relief, requires only tem- porary relief, or is so disabled that he cannot safely or ITHACA CITY CHARTER 45 conveniently be removed to the county almshouse, such overseer may pay, or contract to pay or expend, such sum for the temporary or other relief of such poor per- son as the circumstances shall require, which sum shall be a city charge and shall be paid to such overseer out of the city poor relief fund, when such poor person is a city charge; but if a county charge, the overseer shall be entitled to receive the amount thereof from the county treasurer, to be by him charged to the county, but no greater sum than twenty dollars shall be contracted for, expended or paid by him for the relief of any one poor person or family, without the written approval of the superintendent of the poor of the county of Tompkins. Such overseer of the poor may employ a city physician for the purpose of medical care and attendance of the poor of the city who are a city charge, for such period, not exceeding one year, and not beyond his own term of •office, and at a salary not exceeding the rate of five hun- dred dollars per year, which shall be a city charge and paid out of the city poor relief fund. The employment of a physician by the overseer of the poor of the city of Ithaca, for one year from March twenty-seventh, eigh- teen hundred and ninety-three, at an annual salary of two hundred and fifty dollars, is as valid as if expressly authorized by law, and such sum so agreed to be paid shall be a city charge and shall be paid from the city poor relief fund. [ Thus am. by L. of 1894. ch. 381. ] * Excise Commissioners.— § 18. The three excise com- missioners for the present town of Ithaca shall continue to act for the city and town of Ithaca as heretofore, until their term of office shall expire. The town of Ithaca shall at its next annual town meeting elect only one excise commissioner and shall elect one in each year 46 ITHACA CITY CHARTER thereafter, each of whom shall hold office for three years. The present excise commissioners shall with the excise commissioners so elected by the town, constitute the excise board for the purpose of the town, so long as their term of office shall last. The mayor of the city of Ithaca shall in March, eighteen hundred and ninety- three, appoint one excise commissioner who shall hold office for three years, and annually thereafter in the month of March the mayor shall appoint one excise commissioner who shall hold office for three years. The excise commis- sioners so appointed shall, with the excise commissioners heretofore elected for the town of Ithaca constitute the city board of excise commissioners. The present excise com- missioners shall continue in office, and upon the expiration of their term of office the mayor shall appoint in March in each year one excise commissioner who shall hold three years. Said commissioners of excise compose the board of excise of said city, and they shall be governed by the laws of this State relating to the powers, duties, and compensation of commissioners of excise elected or appointed in the several towns of Tompkins county, and to the dispensation of excise moneys received by them. [Added by L. of i8g2 ch. 429.] Jurors.— § 19. The said city of Ithaca shall be re- garded as a town of Tompkins County for the purposes specified in title three, chapter ten, article two of" the Code of Civil Procedure respecting the selecting, draw- ing and procuring the attendance of trial jurors. The supervisors, assessor and city clerk of said city shall perform the duties of the supervisor, town clerk and assessors of the town, as prescribed by said article, and a duplicate of the list of jurors selected by them shall be filed in the office of the clerk of said city. [Added by L. 0/1892 ch. 429.] ITHACA CITY CHARTER 47 Assessor — § 20. The assessor or assessors • shall perform the duties required of them by this act in rela- tion to the assessment of property in said city, as well as for the purposes of levying taxes imposed by the board of supervisors of Tompkins county, and to that end they shall possess all the powers and authority of town assessors, but the assessment made for the city tax, as provided in this act shall be copied and the same shall constitute the roll for the purpose of levying taxes imposed by said board of supervisors, without any fur- ther assessment, and without any further or other notice. [Added by L. 0/1892 ch. 429.] Town Officers to Act.— § 21. The present town offi- cers of the town of Ithaca shall constitute and hold their offices, exercising their duties for both the city and town of Ithaca, until the term for which they were elected shall expire except that the two assessors who live outside the city limits shall be deemed two of the assessors of the town of Ithaca and shall exercise their duties as such and shall hold their term of office for the term for which they were elected. The assessor who re- sides within the limits of said city, and who was duly elected as a town assessor shall continue to discharge his duties within the city limits for the term for which he was elected, and he with the city assessor, shall be deem- ed the board of assessors during the time for which said town assessor was elected. After the expiration of the term of said town assessor, then all the duties of assessor shall devolve upon the city assessor,- as hereinbefore provided. [Added by L. 1892 ch. 4.29. J Percentage on Unpaid Taxes. — § 22. In addition to the sum which the collector of taxes is herein author- 48 ITHACA CITY CHARTER ized to receive and collect after the first thirty days receiving of taxes by him he is directed and authorized to collect and receive upon all taxes unpaid for the next thirty days one per centum for the benefit of said city, and upon all sums remaining unpaid at the expiration of sixty days he is directed and authorized to receive and collect five per centum upon every dollar remaining unpaid, for the benefit of said city. [Added by L. 1892 ch. 429. J County Tax. — § 23. The city tax collector is here- by authorized to receive the warrant issued by the board of supervisors of Tompkins county, and to collect the tax levied by them, and the additional per centum as provided in the last section, the same in all respects as a town tax collector, and the board of supervisors of Tompkins county are directed to issue their warrant to the tax collector of the city of Ithaca for the collection of said tax. [Added by L. 1892 ch. 429.] Payment of Town Bonds.— § 24. The bonds which have been issued by the present town of Ithaca, and the interest upon the same, shall be paid in all respects in the same manner as though the city of Ithaca were still a part of the town of Ithaca. [Added by L. 1892 ch. 429.] TITLE V. TAXES AND ASSESSMENTS. General City Tax, Appropriations. — SECTION i. The common council shall have power in each year to cause a sum not exceeding forty-five thousand dollars to be raised by general tax from the taxable inhabitants of said city on the property therein liable to taxation but the amount to be so raised in any year may be increased to sixty thousand dollars by a special election called and conducted in the same manner as a special election for determining upon raising money for an extraor- dinary or a special purpose as provided by this title. On the ballots for such special election shall be written or printed or partly written and partly printed on the inside thereof the words "for a budget of sixty thousand dollars" or "against a budget of sixty thous- and dollars." If a majority of the votes at such elec- tion shall be in favor of a budget of sixty thousand dollars such amount shall be raised in pursuance to this section. On or before the first of May in each year the common council shall designate how much of such total amount shall be expended for each of the following purposes, namely : For the payment of the expenses of the police department, including the salary of recorder, chief of police and policemen, rent of police stations and all other expenses thereof, to be known as the police fund ; for the paving, repairing and keeping in order the highways, streets, crosswalks, sewers, open courts, squares, market places, lanes, alleys and public grounds 5- manhole or other appurte- nance of any public sewer without a written permit from the Commission, and no person except those employed in the sewer work shall enter public sewer without a written per- mission. No Connection to be Made without Permit. — § 16. No person shall, as principal or agent, cut, break, pierce or tap any public sewer or appurtenance thereof, or introduce any pipe, tube, trough or conduit, into any public sewer without a written permission, or break or damage any ap- purtenance of any public sewer, or interfere with the free discharge thereof, or part thereof, or do any act or thing which may impede or obstruct the flow of any public sewer or clog up any appurtenance thereof. Penalty for Improper Use of Sewer. — § 17. If sucn abuse or improper use of the sewers be discovered a fine of ITHACA CITY SEWER REGULATIONS 1 29 not more that $50.00 shall be imposed on the person or per- sons responsible for same. If after notice, such abuse or improper use is not discontinued, an additional fine of $5.00 per day shall be imposed for each and every day that it is continued. In addition to fine so imposed, parties at fault shall be liable for the payment of a sum sufficient to cover all damage and expense resulting from such improper act. Cancellation of License. — § 18. Any failure upon the part of a licensed pipe layer to faithfully comply with the regulations and instructions of the Board will subject the li- cense of the party at fault to immediate cancellation, and no further permits will be issued under it. ITHACA FIRE DEPARTMENT. An act to incorporate the Ithaca Fire Department. Being cJiapter 24.4. of the Laws of 1871, as amended by chapter 461 of Laws of 1895, and in force fuly 1st, 189J. Corporate Name and Powers. — § 1 . All such persons as are now, or shall hereafter be, members of each and every fire company organized or to be organized by the common council of the city of Ithaca shall be and continue a body incorporate by the name of "the Ithaca fire department," and they and their successors by the same name are authorized to purchase, receive by gift or otherwise, hold and convey any real or personal property for the use of said corporation, not exceeding in value the sum of fifty thousand dollars. Board of Fire Commissioners. — § 2. There shall be a board of fire commissioners, who shall have the management and control of the affairs and property of said corporation, and such other powers and subject to such other obligations as are hereinafter provided. Said board of fire commissioners shall consist of the persons to be appointed by the mayor of the city of Ithaca. Said mayor shall designate one person to hold office for the term of one year beginning on the first day of July, eighteen hundred and ninety-five ; one person to hold office for the term of two years, beginning on the first day of July, eighteen hundred and ninety-five, and one person to hold said office for the term of three years, begin- ITHACA CITY FIRE DEPARTMENT ACT 131 ning on the first day of July, eighteen hundred and ninety- five. Said appointments shall be made in writing, designat- ing the terms of the respective commissioners as aforesaid, and shall be filed with the clerk of said city. The term of office of said commissioners after the respective terminations of the terms aforesaid shall be three years, commencing on the first day of July in each year ; and at the first meeting of the common council of said city in June of each year said maj'or shall appoint from the citizens of Ithaca, who shall be qualified as electors therein, a successor to the person whose term shall be about to expire as said commissioner ; and the board of commissioners so appointed shall take the constitutional oath of office, and file the same with the clerk of said city. Chief Engineer and Assistants. — § 3. As soon as prac- ticable after the first day of December in each year said board of fire commissioners shall cause to be inserted in two of the leading newspapers of said city a notice that a caucus will be held on some day between the tenth day of December and the seventeenth day of December in each year for the purpose of placing in nomination a chief engineer, a first assistant engineer and a second assistant engineer of said department. The several fire companies of said city shall on the last Wednesday of each 3 T ear, at such place as shall be designated by said board of fire commissioners and between the hours of two o'clock in the afternoon and nine o'clock at night, hold an election, of which said board of fire com- missioners shall act as inspectors. Notice thereof shall be given by two insertions in two of the leading newspapers of said city once each week before said election. At that time there shall be elected a chief engineer, a first assistant engineer and a second assistant engineer. Said board of fire com- missioners shall canvass the vote cast at such election and make return thereon to the common council of said city at their next regular meeting, and said common council shall thereupon approve or disapprove of the officers so elected ; 132 ITHACA CITY FIRE DEPARTMENT ACT and if said council shall disapprove of any of said officers for two weeks after being thus notified of such election, then the board of fire commissioners shall call a special election of said department, at which shall be elected persons to fill said offices, or such of them as were not filled by such prior election. The officers then elected at such second election shall hold office until their successors are elected and duly qualified unless removed for cause ; and all officers elected by said Ithaca fire department shall continue in office until their successors are duly elected and have qualified. Fire Commissioners — Powers and Duties. — § 4. Said board of fire commissioners shall be known as the board of fire commissioners of the city of Ithaca, and shall have power to make such rules, by-laws and regulations from time to time, as they may deem expedient and proper and not incon- sistent with the charter and ordinances of said city. They shall meet the first Monday after the first Wednesday of each month in a room to be provided for them by the com- mon council of said city. They shall elect one of their number as president, and their clerk shall keep the minutes of the transactions of said board, which may be published, from time to time, as the common council of said city may direct. Said board of fire commissioners, acting alone as such, are not entitled to receive any compensation for their services except their actual and necessary disbursements and expenses. Two members of said board shall constitute a quorum. Said board of fire commissioners shall have charge of all apparatus, engines and other property now owned and used by the fire department of the city of Ithaca, or which may hereafter be purchased, and shall have power to appoint a suitable person clerk of said board, a suitable person as superintendent of hose and a suitable person for superintendent of fire alarm, who shall be subject to and under direct control and supervision of said board of fire commis- sioners, and be removed from office by said board for cause at any time within the discretion of the board, or a majority ITHACA CITY FIRE DEPARTMENT ACT 133 thereof; they may, in their discretion, appoint the same person to hold more than one of said offices. The treasurer of the city shall also be treasurer of the fire department. At the first regular meeting of the common council of said city in March of each year said board of fire commissioners shall furnish to the common council of said city an estimate in writing of the amount of money which, if economically expended, will, in their opinion, cover the expenses and all other charges necessary for the maintenance and effective service of said Ithaca fire department. Said board of fire commissioners shall have power to make rules and regula- tions prescribing the duties of all the officers of the Ithaca fire department, and to fix the salaries of said officers, (ex- cept the treasurer, who shall receive no additional salary as treasurer of the fire department), subject to the approval of' the common council. The rules and regulations, by-laws and ordinances adopted by said board of commissioners for their own government, and tor the government of the fire department of said city, shall be printed in convenient form and distributed among the different companies of said fire department for their guidance. Said board of fire commis- sioners shall have power to remove any and all members or officers, except the treasurer of said fire department, for cause. Ten da3-s' notice in writing,, containing the charge against any officer or member of said Ithaca fire department, shall be served by mail upon the person complained of, and he shall be given opportunity to be heard by said board of fire commissioners in his own behalf or through counsel ; and upon the determination of charges against any such per- son the board of fire commissioners, for cause, shall have power to suspend any offender from office, or expel him from membership in said department. It shall be the duty of said board of fire commissioners, as often as once in every three months, to require the treasurer of said fire department to exhibit to them his books, accounts and vouchers for all sums received or paid out by him. The common council of said city shall set aside for the use of the fire department of 134 ITHACA CITY FIRE DEPARTMENT ACT said city such sum as they deem necessary, which sum shall be under the direct control and supervision of said board of fire commissioners, to be expended b}' them in such manner as the}- shall direct. But said fire commissioners shall in no year expend a sum or incur an}' indebtedness in excess of the amount appropriated by the common council for the use of said fire department, and said fire commissioners shall be personally liable for an y expenditure or indebtedness incurred in excess of said appropriation. The treasurer of said city shall be the custodiaii of said fund. All moneys coming to said department from insurance companies shall be set aside by said board of fire commissioners and accumulated as a fund for the relief of indigent or disabled firemen. Said moneys shall be left in some safe and reliable bank or depos- itory at interest, and a statement of the amount shall be published in the annual report of said board. Said fund may be distributed to disabled and indigent firemen in such manner as said board of fire commissioners may direct. All other moneys which, by law, belong to said fire department shall be subject to the control of said board of fire commis- sioners, and retained or expended by them in such manner as they shall direct. No money shall be drawn except on the warrant of the commissioners. Present Officers Continued.— § 5 . The members of the Ithaca fire department, together with the officers now in charge of said companies, shall continue as now constituted, or until their successors shall 'be elected and duly qualified in the manner now provided for the election of members and the election of officers by the rules and by-laws of each com- pany of said department. Chief Engineer— His Powers and Duties § 6. The chief engineer of said department shall have absolute control of the Ithaca fire department at all times when there is an alarm of fire in said city. And all apparatus, engines and other appliances belonging to said Ithaca fire department at ITHACA CITY FIRE DEPARTMENT ACT 1 35 the time of a fire, shall be under the supervision and control of the chief engineer of said department, and he shall report to said board of fire commissioners any acts of insubordination, disobedience or lack of discipline on the part of any member or officer of said department, and such action shall be taken on such report by said board of fire commissioners as herein- before provided. The chief engineer shall have the power, and it shall be his duty, to examine and report upon any and all buildings in said said city which shall be dangerous b} 7 reason of their construction or location to other contigu- ous property to said board of fire commissioners, and the said board of fire commissioners after examination, shall have the power to order suitable fire escapes to be placed on buildings at the expense of the owners thereof ; said expense to be collected by civil action before the recorder of said city in the name of the fire department of the cit\- of Ithaca. Said chief engineer shall, after each alarm of fire, report to said board of fire commissioners the cause of said fire in his opinion, and shall file said report with the clerk of said board. It shall be the duty of said chief engineer to per- sonally examine all apparatus, appliances and other imple- ments for the extinguishment of fires in said city, the build- ings in which said apparatus is housed and kept, and report the condition of the same to said board of fire commissioners annually. Selection of Persons to Operate Engines. — §7. At the annual meeting of each eugine company they shall elect a competent person to operate the engine of said company, subject to the approval of the board of fire commissioners. In case the selection be disapproved, said company shall at the next regular meeting elect another person, and in like manner until a selection be made which will meet with the approval of said board of fire commissioners. Duties of Treasurer.— § 8. It shall be the duty of said treasurer to ascertain, as now provided by law, all money 136 ITHACA CITY FIRE DEPARTMENT ACT due said department from insurance companies, and to col- lect the same for the use and benefit of said department, as hereinbefore provided, and he shall exhibit his books, vouchers and accounts to said board of fire commissioners at their regular meeting in April, and shall at the same time turn over to his successor in office all books, papers and vouchers pertaining to said fire department. Repealing Clause. — § 9. All acts and parts of acts in- consistent with this act are hereby repealed. When this Act Takes Effect.— § 10. This act shall, take effect June one, eighteen hundred and ninety-five. SCHOOL LAW. An Act to provide for the Establishment of a System of Graded Schools in the City of Ithaca, being chapter 295 of Laws of 1888. City One School District.— Section 1. All school dis- tricts and parts of school districts in the city of Ithaca, shall, for the purposes hereinafter mentioned, form one school dis- trict, to be called the school district of the city of Ithaca. Said district shall not be altered except by legislative enact- ment. Board of Education. — § 2. The present commission- ers of the school district of the village of Ithaca, for the pe- riods for which they were respectively chosen, or their suc- cessors in case of vacancies occurring before the expiration of such periods respectively, shall be commissioners of the school district of the city of Ithaca, and the said commis- sioners and their successors to be chosen as hereinafter pro- vided, are hereby constituted a body corporate, to be styled, the board of education of the city of Ithaca, which is hereby constituted the successor of the board of education of the vil- lage of Ithaca. A majority of the commissioners shall con- stitute a quorum. Election and Term of Board ; Collector. — § 3. There shall be elected annually at each general city election in said city, in the same manner as other general city officers are elected, and by vote of all the inhabitants qualified to vote for ;i38 ITHACA CITY SCHOOL LAW -such general city officers, four commissioners, to fill the places of.those whose terms of office expire on the second Tuesday of October next succeeding such election. The commissioners thus chosen shall hold their respective offices for the term of three years from the second Tuesday in October next suc- ceeding their election, and until their successors shall be elected and enter upon the duties of their offices respectively. This act shall not be so construed as to disqualify any commissioner aforesaid for re-election. The collector of the city of Ithaca, shall be the collector ex-officio of the said school district of the city of Ithaca, and his authority and jurisdiction shall extend to all taxes levied by the said board of education of the city of Ithaca during his term of office as .such city collector, and shall continue until his final settle- ment with said board of education as required by section eleven of this act. Oath ; Vacancies. — § 4. The commissioners elected by virtue of this act, before entering upon the duties of their office, shall take the oath of office prescribed by the Consti- tution of this State, before the clerk of the city of Ithaca, who is hereby empowered to administer said oath, and said -clerk shall file the same among the records of the city. The board of education shall have power and it shall be their duty to fill all vacancies in the said board which may occur from any other cause than the expiration of their term of •office. The commissioners so appointed shall hold their of- fices for the unexpired term of those to suppty whose places they were appointed. Removal and Resignation. — §5. Any member of the board of education may, for neglect of duty, or either im- moral or official misconduct, be removed from office by the the board, by a vote of two-thirds present at any regularly called meeting thereof; but before final action thereon, a written copy of the charges preferred against said member -shall be served upon him, and he shall be allowed an op- ITHACA CITY SCHOOL LAW 139.. portunity to explain or refute them. Any member of said board may resign his office by giving one month's previous- notice, in writing, to the said board, who may, if they deem the reason sufficient accept the same. President; Annual Meeting.— § 6. At each. annual meeting of the board they shall elect one of their number president of the board, and whenever he shall be absent, or unable to act they shall appoint a president pro tempore. The board shall fix the time for their annual meeting, and, unless changed by a resolution of the board, the time thus- fixed shall be the time for future annual meetings. The board of education shall receive no compensation for their services. fleetings. — § 7. The board of education shall meet for the transaction of business as often as once in each month, and may adjourn for any shorter time. Special meetings- may be called by the president, or, in case of his absence or inability to act, by any member of the board, as often as- necessary, by giving personal notice to each member of the- board, or by mailing a written or printed notice to his ad- dress, at least twenty-four hours before the time for such- special meeting. Officers and their Duties. — § 8. The board of educa- tion shall appoint a secretary and librarian, who shall hold, their offices during the pleasure of the board, and whose- compensation shall be fixed by the board ; and the same person may hold the office of secretary and librarian. The secretary shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. The librarian shall have full charge of the library or libra- ries of the district, and may appoint such assistants as may be necessary, from time to time, and such assistants may be- removed at any time by the board of education. The record- of the board of education, or a transcript thereof certified by- 140 ITHACA CITY SCHOOL LAW the secretary, shall be received in all courts as prima facie evidence of facts therein stated, and such record, the books, accounts, vouchers and papers of the said board shall at all times be subject to the inspection of the common council of the citjr, or an}' committee thereof, or any taxpa3 ? er, and a transcript thereof may be taken. Powers of Board. — § 9. The board of education shall have power, and it shall be their duty, to raise, by tax to be levied upon all the real and personal estate in said school district which shall be liable to taxation for city charges, such sums as may be determined upon to be necessary and proper, for an3>- or all the following purposes, for the current year : 1. To purchase, lease or improve sites for school houses. 2. To build, purchase, lease, altar and repair school houses, out-houses and appurtenances thereto belonging. 3. To purchase, exchange, improve and repair school apparatus and provide suitable and necessary text books for the pupils of the several schools under their care ; provided, however, that it shall be optional with said board of educa- tion to provide suitable and necessary text books for the pu- pils attending the high school. 4. To procure fuel and defray the necessary expenses in keeping the school houses in order, exclusive of repairs, including insurance. 5. To defray the contingent expenses of the several schools and the district library or libraries including salary of librarian and superintendent. 6. To defray the contingent expenses of the board of education, including the salary of the secretary thereof. 7. To pay teachers' wages, after the application of the public money appropriated by law for that purpose. 8. To pay charges or expenses incurred by law, or necessary to carry this act in effect, or to refund loans con- tracted by law, and to pay the interest thereon, or to pay ITHACA CITY SCHOOL LAW 141 such sums as shall be required to fulfill any contract duly made under the provision of this act. Tax List.— § 10. The tax aforesaid, and all of the taxes to be levied and collected by virture of this act, shall be assessed and the tax-list made out and delivered to the proper officer for collection, within thirty days after the same shall have been voted. The said tax list shall be made out by the board of education upon the basis of the last as- sessment-roll of the city, except that the board of education may for such purpose amend and correct any error which may have been discovered in said roll. The board of educa- tion shall attach to said tax-list their warrant for its collec- tion, directed to the city collector of taxes and signed by the president and secretary of the board. The said warrant shall be the same in form as a warrant issued by the trustees of a school district of the State, and it shall have a like force and effect as are given to a warrant of the trustees of the school district by section eighty -one of title seven of chapter five hundred and fifty-five of the laws of eighteen hundred and 'sixty- four. The board of education may renew, from time to time, as they shall deem proper any warrant issued for the collection of any tax assessed by them by virtue of this act. The board of education, upon delivering any tax- list and warrant to the collector, shall retain a copy of the same for themselves, and shall take a receipt from the col- lector for the said tax-list and warrant, which receipt shall specify the amount to be collected, and the return day of the said tax-list. The board of education shall also, imme- diately upon the delivery of any tax-list to the collector, publish a notice thereof in two of the city papers, designat- ing some convenient place where said collector shall attend on Monday and Saturday of each week, for four successive weeks next after the delivery to him of said tax-roll and ■warrant, from nine o'clock in the morning to eight o'clock in the evening, for the purpose of receiving said taxes. It shall be the duty of the collector before receiving any war- 142 ITHACA CITY SCHOOL LAW rant for the collection of money, to execute a bond to the board of education, with two or more sureties to be ap- proved by the said board, in such amount as they shall deem reasonable, conditioned for the due and faithful execu- tion of the duties of his office. Collection of Tax.— § ii. It shall be the duty of the collector of the city of Ithaca, after receiving any tax-list from the board of education, to attend at the time and place designated by the board in their published notice, as pro~ vided by section ten of this act, and receive such taxes as may there and then be tendered to him. He shall receive for his services on all sums paid in as aforesaid and all other sums paid before the expiration of four weeks after receiving such tax-list and warrant one per cent. ; on all sums collected by him after the expiration of the time mentioned he shall receive three per cent. , and in case a levj>- and sale shall be necessarily made by said collector he shall be entitled to traveling fees at the rate of ten cents per mile, to be com- puted from the high school building of the city of Ithaca. All such percentages and fees he shall collect as above, in addition to the taxes so paid to or collected by him. It shall be the duty of the collector before the expiration of his war- rant, to pay over all moneys received by him by virtue of its authority, except his percentage of compensation to the treasurer of the city of Ithaca, whose receipt shall be his sufficient voucher therefor. He shall settle with the board of education at their first regular monthly meeting after the final expiration of such warrant and shall account to them for all moneys received by him upon the tax-list delivered to him. He shall also comply with section seventy-five, title seven of said chapter five hundred and fifty-five of the Laws of eighteen hundred and sixty-four, the same as is required of the collector of any other school district of the State, in which case the board of education shall credit him with the amount to which he shall be' entitled by virtue of the said section. ITHACA CITY SCHOOL LAW 143 General Law to Apply — § 12. It shall be the duty of the board of education to proceed with the account of money so credited to the collector, the same as trustees are directed ' to do under like circumstances bj' section seventy-six, title seven, of the law aforesaid, And further, all the provisions of sections seventy-seven, seventy-eight, seventy-nine and eight}- of said title seven of the aforesaid law shall have the same application to the taxes of this school district as to those of other school districts of the State. The board of education shall also have the same power to sue for and collect any tax as is given by section eighty-six of said title seven of the aforesaid law to trustees of school districts. City Treasurer to Act. — § 13. All moneys raised pur- suant to the provisions of this act, and all school moneys by law appropriated to or provided for said school district, shall be paid to the treasurer of the city of Ithaca, who, to- gether with the sureties upon his official bond, shall be accountable therefor in the same manner as for other funds, of said city, and the common council of said city, in fixing the amount of the treasurer's sureties, shall include the money received by virtue of this act. The said treasurer- shall be liable to the same penalties for official misconduct in, relation to' said moneys, as for any similar misconduct im relation to other moneys of said city. Treasurer to Keep School Funds Separate. — § 14. All moneys raised by virtue of this act, or received from any other source, for the use of the public schools in said dis- trict, shall be deposited with the treasurer for safe-keeping thereof, to the credit of the board of education, until drawn as hereinafter provided for, and the said treasurer shall keep> the account of the funds thus deposited with him separate and distinct from any other funds which he is or may be authorized to receive. State Money to be Paid to Treasurer.— § 15. The treasurer of the city of Ithaca shall, at the proper time in. 144 ITHACA CITY SCHOOL LAW each year, draw upon the county treasurer, or other proper officer, for all moneys appropriated to said district from the common school, literature or other funds of this State ; and he is hereby authorized to receive the same for the said dis- trict, as provided for in the preceding section. Duties of Treasurer. — § 16. The treasurer shall pay out the moneys received by him by virtue of this act only upon drafts drawn by the president and countersigned by the secretary of the board of education, which drafts shall not be drawn except in pursuance of a resolution or resolu- tions of said board, and shall be payable to the person or persons entitled to receive the money thereon. The treas- urer when required to do so by the board of education, shall make to them a written statement of the moneys received and disbursed by him on their account, together with the amount in his hands at the time of such statement. At the end of his official term he shall settle with the said board of educa- tion, and pay to his successor in office, to the credit of the said board, all moneys remaining in his hands subject to their order. His compensation for receiving and disbursing the moneys committed to his charge by virtue of this act, shall be determined by the board of education. Board Hay Sue.— § 17. The board of education may cause a suit or suits to be prosecuted in their corporate name, •upon the official bond of the treasurer or any collector of said city, for any default, delinquency or official misconduct in relation to the collection, safe-keeping and payment of any money in this act mentioned. Powers and Duties ol the Board. — § 18. The said board of education shall have power, and it shall be their .duty : 1. To organize, establish and maintain such and so many schools in said school district, including the common ITHACA CITY SCHOOL LAW 145 schools and high school now existing therein, as they shall deem requisite and expedient, and to alter and discontinue the same. 2. To purchase and hire school houses and rooms, lots or sites for school houses, and to fence and improve them. 3. Upon the lots and sites owned by said board of education, to build, enlarge, alter, improve and repair school houses, out-houses and appurtenances, as they may deem advisable. 4. To purchase, exchange, improve and repair school apparatus, books for pupils (save as hereinbefore provided), furniture and appendages, and to provide fuel for the schools, pay the necessary insurance on buildings and school prop- erty and to defray the contingent expenses of the school library. 5 . To have the custody and safe keeping of the school houses and all school property belonging to said district, and to see that the ordinances of the board in relation thereto be observed. 6. To contract with, examine, license and employ all teachers in said schools, and at their pleasure remove them. 7. To pay the wages of such teachers out of the money appropriated and provided by law, for the support of common schools in said district or by this act. 8. To defray the necessary contingent expenses of the board, including the annual salary of the secretary of tlfe board. 9. To have in all respects the superintendence, super- vision and management of the schools of said district, and, from time to time, to adopt, alter, modify and repeal as they may deem expedient, rules and regulations for their organ- ization, government and instruction, and for the reception of pupils, and their transfer from one class to another, or from one school to another, and generally for their good order, prosperity and utility. 146 ITHACA CITY SCHOOL LAW 10. To sell any of the school houses, lots or sites, or any of the school property now or hereafter belonging to the district, when authorized to do so by a majority vote at any regular or special election of the voters of the district, upon such terms as the board shall deem most advantageous ; and the proceeds of all sales shall be paid to the treasurer of the city of Ithaca, and shall be by said board of education expended in the purchase, repairs or improvements of school houses, sites or appurtenances, furniture or apparatus. Special Election for School Buildings. — § 19. When- ever in the opinion in the board of education, it shall become advisable to erect any school building, the estimated cost of which shall exceed three thousand dollars, the}' shall cause an estimate of the cost of such building to be made, and shall cause the question of raising the amount required by tax to be submitted to the decision of the voters of the union school district, in such manner as they deem best calculated to procure a fair expression from said voters. In case the tax shall be voted, the same may be raised by installments, the amounts of which, and the times of. payment, shall be left optional with the board of education. High School Recognized by Regents § 20. The academy, or high school connected with the school system contemplated by this act, shall be recognized as one of the academies of this State, subject to the visitation of the Regents and shall be entitled to participate in the distribu- tion of the income of the literature fund and other funds in the same manner and upon the same conditions as the other academies of the State ; and the Regents of the University of the State of New York shall pay annually to the board of education of Ithaca the distributive share of the said funds to which the said academy or high school shall be entitled. Annual Report— § 2I . Said board of education shall make reports annually to the State Superintendent of Public ITHACA CITY SCHOOL LAW 147 Instruction and at such other times as he may request. Until the first apportionment of public school moneys based in part upon the United States census of eighteen hundred and ninet} r , said board shall also make an annual report to the school commissioner of the first commissioner district of Tompkins county, and such commissioner shall apportion State school moneys to the said school district of the city of Ithaca in the same manner as before the passage of this act, commencing with and after the first apportionment which shall be in part based upon the said census of eighteen hun- dred and ninety, the State Superintendent of Public Instruc- tion shall apportion State school moneys to the city of Ithaca in the same manner as the other cities of the State. The school commissioners of Tompkins county, in making appor- tionment of school money, shall designate the amount due said district, separate from other school districts in the town of Ithaca, and certify the amount due said district, to the treasurer of the city of Ithaca, and also to the treasurer of Tompkins county. The said treasurer of Tompkins county shall, upon the draft of the treasurer of the city of Ithaca, pay annually to him, the sum thus certified as due the said' school district. Tuition. — § 22. The schools organized under this act, shall be free to all pupils between the ages of five and twenty-one years who are actual residents of said school district. The board of education shall decide all questions of residence arising under this section. The said board may allow the the* children of non-residents to attend the schools of said district, and shall prescribe the rates of tuition of such non-residents, payable, always in advance. Board are Trustees of Library Fund.— § 23. The said board of education shall be the trustees of the school district library of said district, and all the provisions of law which are now in force, or hereafter may be passed, relative *So in original. 148 ITHACA CITY SCHOOL LAW to school district libraries, shall apply to said board of edu- cation in the same manner as if they were trustees of a school district. They shall be vested with the same discretion as to- the disposition of moneys, appropriated by the laws of this State for the purchase of libraries, which is therein conferred on the inhabitants of school districts, and they shall have the power to purchase, exchange, repair or dispose of any books or other property of said librarj', or cause it to be done, and apply the proceeds to the purchase of other books or apparatus ; also, to provide suitable rooms and furniture for said library, and further they may appropriate for the benefit of said library, out of the moneys annually raised in said district by the school tax," an amount not exceeding one hundred dollars, in addition to the library money received from the State. Title of School Property.— § 24. The title of the school houses, sites, furniture, books and all other school property now belonging to the school district of the village of Ithaca, or to the board of education of the village of " Ithaca, is hereby vested in the board of education of the city of Ithaca ; and the same while used or appropriated for school purposes, shall not be levied on or sold by virtue of any warrant or execution, or other process, nor be subject to taxation for any purpose whatever ; and the said board of education of the city of Ithaca in its corporate capacity, shall be competent to take, hold and dispose of any real or personal estate transferred to it by grant, gift, bequest or devise, for the use of the common schools or academy of said school district, whether the same be transferred' in terms to said board of education by its proper style, or by any other designation, or to any person or persons, or cor- poration, for the use of said schools or academy. Statement to be Published § 25. It shall be the duty of the board of education, between the first and fifteenth days of October of each year, to prepare and publish in one ITHACA CITY SCHOOL LAW 149 or more of the newspapers printed in the city of Ithaca, a true and correct statement of the receipts and disbursements under the provision of this act, for the preceding year ending August thirty-first, in which account shall be stated under appropriate heads : 1 . The money raised by the board of education and received by the treasurer of the city under the tenth section of this act. 2. The school moneys received by the treasurer of the city from the county treasurer. 3. All other moneys received by the said treasurer, subject to the order of the board of education, specifying the sources from which they shall have been derived. 4. The manner in which sums of money shall have been expended, specifying the amount under each head of expenditures, and the person or persons to whom the money has been paid. 5. Such other information as they shall deem proper in regard to the condition of the schools under their care. Jurisdiction over Annexed Territory. — § 26. The jurisdiction of the various school district officers over the territory hereby annexed to the school district of the village of Ithaca shall terminate whenever this act shall take effect. Penalty for Failure of Officer to Act. — § 27. It shall be the duty of the clerk of the cit}-, immediately .after the election or appointment of anj' person to any office mentioned in this act, personally or in writing, to notify him of his- election or appointment, and any person, who, without suf- ficient cause, shall refuse to serve therein shall forfeit the sum of ten dollars ; and every person so elected or appointed, and not having refused to accept, who shall neglect to dis- charge the duties of said office, shall forfeit the sum of twenty dollars to said board of education. It shall be the 150 ITHACA CITY SCHOOL LAW duty of said board of education, forthwith, to prosecute for .all forfeitures and penalties under this act, when voluntary payment is refused ; and when received to apply the same to the purpose of education in said district. All officers men- tioned in this act shall be deemed public officers within the intent and meaning of section thirty-eight, of title six of ■chapter one, part four of the Revised Statutes, and as such liable to the penalties therein prescribed, in addition to the penalty in this section before provided. Superintendent of Schools. — § 28. The board of edu- cation may when they shall deem it advisable appoint a superintendent of schools for the said union school district, who may ex-officio be secretary of said board: He shall be under the direction of the board of education, and they shall prescribe his general duties. In addition to such other duties as ma}- be devolved upon him by the board in the visitation and superintendence of the schools, he shall examine the qualification of teachers, and grant certificates in such man- ner and form as may be prescribed by the State Superintend- ent, which shall not be in force longer than a year, and which may at any time be revoked by the board of educa- tion. He shall be paid a salary out of the general fund, to be fixed by the board of education, and may be removed from office by the vote of a majority of all the members of the board. Superintendent of Public Instruction. — § 29. All former or existing acts, or parts of acts, conflicting or incon- sistent with the provisions of this act, are hereby repealed, so far as they affect this act ; but nothing in this act shall be so construed as to limit, restraint or annul the powers of the Superintendent of Public Instruction. In all matters of dis- pute, which shall be referred to him by appeal, and which shall arise under and by virtue of this act, or under and by virtue of any other act which is now, or shall hereafter be applicable to the schools, school officers or school property ITHACA dTY SCHOOL LAW 151 of or in said district his decisions or orders shall be final and binding. Repeal of Former Act, — § 30. Chapter one hundred and twenty-five of the laws of eighteen hundred and seventy- four, entitled "An act to provide for the establishment of a system of graded schools in the village of Ithaca," and chapter forty-six of the laws of eighteen hundred and seventy-seven amendatory thereof, are hereby repealed, but the repeal of said act shall not be construed as in any way impairing the effect or validity of any acts or proceedings of the board of education of the village of Ithaca, prior to the time when this act shall take effect, and the board of education of the city of Ithaca shall succeed to all the rights and liabilities of the board of education of the village of Ith- aca, accrued or incurred prior to the time when this act shall take effect. § 31. This act shall take effect at the same time that an act of the legislature of the present year, entitled ' ' An act to incorporate the city of Ithaca," shall take effect. SOUTH HILL BRIDGE ACT. An Act autlwrizing the City of Ithaca to issue bonds for the purpose of raising money with which to build a bridge across Six Mile Creek in said city, and for the levying of taxes to pay the same. Being chapter 660 of Laws of i8p5- Section 1. Issue of Bonds. — The common council of the city of Ithaca is hereby authorized and empowered to issue bonds of the city of Ithaca to an amount not exceeding the sum of twenty thousand dollars, in the name and upon the credit of said city, and to expend the proceeds thereof in building and constructing a bridge, together with abut- ments, foundations, piers and approaches thereto, across Six-Mile creek in said city, connecting Giles street with the north bank of said creek, at a point southerly from the south terminus of Stewart avenue ; such bonds shall bear interest at a rate not exceeding four per centum per annum, payable semi-annually, on the first days of January and July of each year. None of the principal shall be payable within twenty years, but after the expiration of that time two thousand dollars of the principal shall be payable annually. Such bonds shall be coupon bonds, consecutively numbered, in denominations of five hundred dollars each, signed by the mayor of said city, and attested by the city clerk, under the official seal of the city. Such bonds shall be payable, principal and interest, at some place to be designated there- ITHACA CITY SOUTH HILL BRIDGE ACT 155. in. The}' shall show upon their face that they are issued . under the provisions of this act, and a record of all such bonds issued shall be kept by both the city clerk and treas- urer of said city, and said record shall show the number, rate of .interest, and a time when, and place where, said bonds are payable. Such bonds, with principle and inter- est shall be a lien upon all the taxable property, real and personal, of said city, which property is hereby pledged for their payment. Such bonds shall be of such series that numbers one, to four, inclusive, shall be first payable, and the four succeeding smallest numbers shall be payable an- nually thereafter. § 2. Sale of Bonds and disposition ol Proceeds. — The bonds authorized to be issued by this act shall be sold bv the treasurer of the city of Ithaca, at public sale to the high- est bidder, at not less than the par value thereof, and said treasurer shall advertise the same, under the directions of the common council, for not less than two weeks previous to the time of sale, and notice of the time and place of such sale shall be given by publication at least once in each week, in two or more newspapers, published in the city of Ithaca. The proceeds of the sale of such bonds shall be paid to the treasurer of said city, and kept by him as a separate fund, to be used and applied only for the purposes designated in this act. The proceeds of said bonds and said fund shall be paid out in the manner provided by section five of title four of the charter of the city of Ithaca, for drawing and paying out other moneys belonging to said city. § 3. Annual Tax for Payment of Principal and In- terest of Bonds. — The common council of the city of Ithaca shall include in the tax levy and cause to be collected each year, for twenty years after the issue of such bonds a sum sufficient to pay the interest on all such bonds as have been negotiated or sold, as hereinbefore provided. After the expiration of said term of twenty years, the common. 154 ITHACA CITY SOUTH HILL BRIDGE ACT • council shall annually raise, as aforesaid, until all the bonds are paid, the sum of two thousand dollars, together with a sum sufficient to pay the interest on the bonds unpaid. The tax herein provided shall be in addition to any other tax authorized by the charter of said city, and in addition to an)' other tax authorized to be levied on said city. The said tax shall be levied and collected at the time of the levying and collection of the general cit}- tax of said city, as provided by its charter. § 4. This act shall take effect immediately. SUPPORT OF THE POOR. An Act to provide for the support of tlie poor of the City of Ithaca. Being chapter 358 of the Laws ofigpj. Section 1. It shall be the duty of the board of super- visors of Tompkins county to cause to be levied and raised from the taxable property of the city of Ithaca, such sum as the common council of said city shall designate by resolution not less than five thousand dollars, or more than ten thousand dollars, in each year, to be paid into the city treasury of the city of Ithaca to be applied to the support of the poor of said city. § 2. This act shall take effect immediately. ADDENDA. Amendments to Ordinances. HAWKERS AND PEDDLERS. Section two of chapter three of the ordinances of the city of Ithaca is hereby amended so as to read as follows : Section 2. It shall be unlawful for any person other than a dealer in milk, hay, straw, wood or grain, without having a license therefor, to pursue the business of a hawker or peddler except as to the products of his own farm, in any street. The fee for such license shall in each case be fixed by the mayor at not less than one dollar nor more than five dollars per day ; and not less than twenty-five dollars nor more than one hundred dollars for the period of six months. This section shall not apply to an honorably discharged soldier, sailor or marine of the military or naval service of the United States, duly licensed in the manner provided by law. Approved September 15, 1897. FIRE LIMITS. Resolved, That sections one and two of chapter 8 of the ordinances be amended as follows : Section 1. It shall be unlawful for any person or corporation to place, construct, erect, or cause to be placed, constructed or erected, any building ; or to repair any building so as to make any enlargement, addition or exter- ior alteration thereof ; unless such building, enlargement or alteration shall have outer walls of stone, brick or other non-combustible material, and roof of slate, metal or other ITHACA CITY ORDINANCES 1 57 non-combustible material ; or to replace or renew the roof of any building except with tin, slate or other fire proof material ; or to remove or cause to be removed an}' wooden building from one place to another within the fire limits, or from without to within the fire limits, of the city of Ithaca, bounded as follows : Beginning at a point at the intersec- tion of the center of Parker and Buffalo streets ; thence running west in the center of Buffalo street to Geneva street ; thence south along the center of Geneva street to a point two hundred and fifty feet south of the south side of Green street ; thence east parallel with Green street to the center of Cayuga street ; thence south to the center of Clinton street ; thence east to the bank of Six Mile Creek ; thence along the north bank of Six Mile Creek to a point opposite the center of Parker street ; thence north to, and along the center of Parker street, to the place of beginning. §2. Every owner, builder or other person who shall build, or aid in the erection or repairing of any building or part of a building, within the boundaries described in this ordinance contrary to, or in any other manner than author- ized by the foregoing section, or who shall remove or assist in removing any wooden building from one place to another within the said boundaries, or from without said boundaries to any place within the same, or repair or assist in repair- ing any wooden building contrary in either case to any of the foregoing provisions of this ordinance, shall be subject to a penaltv of not less than twenty-five dollars, nor more than fifty dollars for each offense. For each day that the owner shall allow the same to remain, after being requested by the Fire Board to remove it, he shall be subject to an additional penalty of ten dollars per day. All plans for new buildings to be erected within the fire limits as above provided, shall be submitted to the Board of Fire Commissioners, and approved by them before the construction of the building is commenced. Approved October 20, 1897. INDEX. Charter, pp. 5 to 75 ; Ordinances, 76 to 104 ; Miscellaneous, 105 to 155. PAGE Absentees — council may compel attendance of x 3 ACCOUNTS — See claims. Acknowledgments — Mayor may take 2 ° Clerk may take. 3 2 Recorder may take 37 Action — for penalty of forfeiture 2 5 jurisdiction of recorder 2 5 may be brought in name of city •- 25 Acting Recorder (recorder) — mayor to designate 37 powers and duties of 37 file an official bond 37 compensation of 37. 3^ official signature of 39 to keep a docket of proceedings.' 39 to keep account of fees chargeable to county 39 to present account to supervisors 39 Acting Mayor (maj'or) — council to elect 28 to have powers of mayor during vacancy 28 Advertisement (notice) — of ward limits 7 for bids for water supply 18 ordinances to be published 25 notice of tax sale 54 call for special election 57 notice of pavement assessments „ 61 INDEX IX PAGE Advertisement (Continued). sale of impounded animals gg of sale of sewer bonds tI g of sewer rules and regulations I21 license to distribute IO , parties may distribute their own io4 on city property forbidden 99 Affidavits — See oaths. Adx Guns — use prohibited 81 Alarm OF Fire (fire alarm, fire department) — to give false, is disorderly conduct 41 ALDERMEN (council) — two elected from each ward 8 to be elected at general election 10 one annually from each ward 10 to take oath of office 11 to form part of council 12 each to have one vote *. 12 one to preside in absence of mayor 12 three to call special meeting 13 duties of 29 to attend meetings of council 29 to act on committees 29 to report neglect or misconduct of officers 29 to aid in maintaining order 29 qualifications of 42 must own taxable property 42 term, two years 4 2 to receive no compensation 4 2 not to be interested in city contracts 73 ALLEYS (bowling) — council may regulate 15 Alms — council may restrain and punish soliciting 15 Amendment — of charter 75 Annual Meeting of Council— mayor to designate place of 12 Annoying — citizens prohibited °° Ill INDEX PAGE Animal Food — regulation for slaughtering and keeping 108 Animals (pound) — council may impound 17 not allowed at large 85 to be taken in charge by police 86 pound to be provided 86 redemption of, from pound 86 when impounded, to be kept four days, those unclaimed to be sold or killed 86 manner of sale _ 86 infectious diseases in no health board may kill infected no burial of infected no Appeals (recorder) — from recorder's court, how taken 40 Appointment — of city officers 8 same persons may be appointed to several offices 8 term of appointed officers 43 of city sealer ig Appropriations (council) — council to designate amounts of 40 Arrest — police may arrest without process 41 freedom from, on election day 73 Assemblages (streets) — in streets, forbidden T g Assessments (taxes) — mayor entitled to vote on T , majority vote of whole council necessary j, approval of mayor necessary T , for repairing sidewalks and buildings 2 i for laying pipes under pavement 6 r for paving 6l paving commissioners to assess 61 assessment, how made 61 council to confirm g r collection of assessment 62 a lien on premises 62 may be paid in five installments 62 INDBX IV PAGE Assessments (continued). for street repairs 6c for repairs and improvements 71 how made ■j 1 notice of confirmation 71 confirmation of assessment 71 warrant to issue to collector 72 collector to receive assessment 72 for sewers 121 premises benefited to be assessed 121 sewer assessment, how made 121 assessor to prepare 30, 47 for city, to be used for county tax 47 for city, to be used for school tax 141 how assessed 56 unpaid tax on realty to be added to next tax 56 Assessment Rom, (taxes, assessor) — assessor to prepare 30, 47 to be completed by April 1 51 notice of completion of 51 contents of such notice 51 to be filed before May 1 51 for city, to be used for county tax 47 for city, to be used for school tax 141 council may correct 24 council to have power of supervisors in respect to 24 Assessor— appointed by mayor 8 council to fix maximum compensation S compensation, how changed during term S council may prescribe duties 8 mayor to fix compensation 9 mayor may prescribe duties of 9 powers and duties of 3° to prepare tax roll and assessment 3° to deliver the same to clerk 3° qualifications of 4 s must own taxable property 42 term, four years 43 to perform duties of village assessor 43 to assess for city and county tax 47 has powers of town assessors 47 V INDEX PAGE Assessor (continued). to assess property omitted from roll 5 6 to assist in selection of jurors 4° Attorney — See City Attorney. Auctions — council may regulate lS council may license I ° in streets, to have consent of property owner ioo Audit Claims — council may 2 4 Awnings — ■when injury to, is disorderly conduct 4 1 regulations regarding 95 required height above sidewalk 95 Badge — who may wear fireman's 93 Bail — ■when recorder may take, for felonies 36 Ball Playing — council may prevent, in streets 16 in public on Sundays, forbidden 81 Banks (depository) — depository for city moneys 14 Barking Dogs — not to be harbored 89 Bastardy — recorder to try cases 36 Bathing — in public waters, council may regulate , 17 regulations concerning 81 Bawdy Houses — council may suppress 1 15 council may restrain and punish keepers of 15 Beggars (alms) — council may restrain and punish 15 BELLS (railroads, bicycles, sleighs) — council may regulate ringing of 18 disorderly ringing of , forbidden 80 ■when required on bicycles 87 when required on sleighs . 102 INDEX VI PAGE BICYCLES — council may regulate use of 16 ordinance concerning 87 all former permits revoked 87 reckless riding prohibited 87 lamp and bell, when to be carried 87 ■when sidewalks may be used 87 Billiard Rooms — council may regulate 15 Bill Posting and Distributing — ordinance concerning 103 mayor may grant permit for 103 contents of license 103 fee for license 103 charges for, limited 103 all unlicensed parties, forbidden 103 manner of posting, regulated 104 parties may post their own advertisements 104 penalty for violating ordinance 104 Bills (claims)— against city (claims and actions) council may audit 24 council may order payment of 24 council may make rules concerning 24 against city, to be verified 79 attorney to pass on legality of 77 Births — to be reported to health board' no Biting Dogs — not to be harbored 8 9 Blockade (fire department, streets) — of streets at fires 9 2 breaking through, prohibited 9 2 Blowing Horns — when disorderly conduct 41 Bridges (streets)— in charge of superintendent 4° obstruction of, forbidden 80 persons occupying, to move on 8° opening swing bridges, prohibited 81 South Hill bridge J 5 2 VII INDEX PAGE Bridges (continued). bridge and creek fund 5° council to fix appropriation for 5° Broad — tires on wagons 97 Board of Education (school law)— composed of school commissioners J 37 a body corporate *37 members, how elected *37 members, number and term J 37 members, eligibility for re-election I3§ collector of city to act for * 138 members to take oath 138 filling of vacancies r 38 removal and resignation of members 138 members to elect president : 139 annual meeting of 139 regular and special meetings of — 139 board to appoint secretary 139 duties of secretary 139 to appoint librarian 139 duties of librarian 139 assistants to librarian 139 certified records of, when evidence 139 books of, subject to inspection 139 to raise money for certain purposes 140 such purposes enumerated 140 taxes, how assessed 141 board to issue warrant 141 notice of tax to be published 141 when collector to receive 141 collector to give bond 141 method of collection 142 settlement with board 142 general laws relating to tax, to apply 143 when board may sue for tax 143 city treasurer to act for 143 school funds to be kept separate 143 treasurer to receive state moneys 143 dutiesof treasurer 144 drafts on treasurer, how signed 144 compensation of treasurer 144 INDEX VIII PAGE Board of Education (continued). board may sue on bonds of officers 144 powers and duties of 140, 144 to maintain schools 144 to provide and care for school buildings 145 to build and repair schools 145 to purchase books and materials 145 to care for school property 145 to employ teachers 145 to pay expenses of schools 145 to superintend schools 145 to make rules and regulations 145' to sell and dispose of school property 146 special election for school buildings 146 Regents to recognize high schools 146 to report to superintendent of public instruction 146 state moneys, how apportioned 147 treasurer to draw on county treasurer for 147 tuition fee of residents 147 board to decide questions of residence 147 tuition for non-residents 147 board to be trustees of school library 147 school property of village to vest in 148 school property exempt from levy and sale 148 school property exempt from taxation 148 title of school property, in board 148 to publish annual statement 148 penalty for failure to act 149 school officers, are public officers 149 board may appoint superintendent of schools __. 150 superintendent to be secretary of board 150 board to prescribe duties of superintendent 150 board to fix salary of superintendent 150 removal of superintendent .= 15° powers of superintendent of public instruction 150 Board of Hbai/th — rules and regulations to be obeyed 83 regulations of io 5 to regulate cess pools io 5 may order same cleaned io 5 nuisance defined and enumerated 105 penalty for continuing io 5 privies and cess pools regulated 105 IX INDBX PAGE Board of Heai/Th (continued). privies and cesspools not to be near dwellings 106 manner of building 106 house sewers and drains to be water tight 106 drain plans subject to board of health 106 board may regulate connection with sewers 106 house refuse and garbage to be removed 106 not to be thrown in streets 106 made land to beof good earth 106 noxious trades and odors 107 water courses to be kept pure 107 smoke preventers to be used 107 sale of unwholesome food, forbidden 107 slaughter-houses regulated 108 food to be carefully kept 108 infectious diseases 108 to be reported to health officer 108 officers to report 109 infectious diseases enumerated 109 importation of infected articles 109 importation of infected persons 109 exposure of infected articles and persons 109 funerals after, not to be publicl no infectious diseases of animals no burial of persons dying from 112 marriages to be reported no births and deaths to be reported no penalty for failure to report in certificate of death m burial permits rlI physicians to report deaths m rules for cemetery keepers i I2 burial regulations II2 health officer to enforce regulations 112 health officer may enter on premises to investigate 112 health officer to notify board of danger 113 penalty for violating health regulations 1 13 Board of Firs Commissioners— (See fire commissioners). Bonds (official) — of city collector _ r 2 to remain in force after settlement 52 of city treasurer '_ , 2 INDEX X PAGE Bond (continued). contents to be filed in county clerk's office 32 council may increase amount of 32 of recorder 3, contents to be filed with city clerk 33 of constables 44 of depository of city moneys 14 conditions of 14 clerk to file in county clerk's office 14 of treasurer of sewer commission 116 for drain layer's license 124 Bonds (of town of Ithaca)— how paid 48 for paving assessment 63 council to issue 63 rate of interest of 63 proceeds of , how used 63 for sewer construction 117 sewer commissioners may issue 11S amount to be issued annually 118 to bear interest at 4 per cent. 118 interest payable semi-annually 118 to be coupon bonds 118 continuance of 118 how to be executed 118 contents of 118 record of, to be kept 118 to be sold at public sale 118 notice of sale, how given 118 proceeds, where to be deposited 118 payments to be made by orders 118 proceeds of, to be used for sewers 118 to be a lien on taxable property 118 annual tax, to pay interest on 118 principal of, how paid 118 for South Hill bridge 152 council to issue 152 when and how payable . 152 contents of bonds 153 a lien on taxable property 153 how sold 153 proceeds of , to support fund 153 annual tax for payment of 153 XI INDEX PAGE BONFIRES — in street, regulated. IO ° Books of City (records) — council may provide for care of 23 council may prevent and punish injury to ?3 council may repair 2 4 council may insure. 2 4 to be kept in city hall 79 Booths (in streets) — must have license 85 must have consent of council 85 contents of license 85 applications for license 85 fee for license 85 Boundaries — of city of Ithaca 5 of town of Ithaca 6 of city wards 6 of fire limits addenda Bowling Alleys — council may regulate 15 Boxes — to pile in streets, when disorderly conduct 41 Buildings — council may regulate construction of 20 council may remove dangerous buildings 20, 22 council may make cost of such removal, a lien 22 council may prevent injur}- and defacement of 21 encroaching on highways, to be removed 96 moving, in streets 100 mayor may issue permit for 100 regulations of , within fire limits addenda when plans for, are to be submitted addenda not to be dangerous to health 105 not to be overcrowded 105 to have sufficient means of ingress and egress 105 Building Material — when allowed in streets 99 Burials (interments) — council may confine to cemeteries 19 out of cemeteries, forbidden 88 INDEX XII PAGE Burials (continued). regulations concerning conduct of 112 person in charge of, to secure permit m body not to be removed without permit in Business— dangerous to health, forbidden 107 Ey-uws (ordinances, resolutions) — of village, continued 25 council may make, amend and repeal 24 council may fix and enforce penalties for violation of 24 by-laws to be published 25 when received as evidence 25 Calves — sale of meat of, when forbidden 107 Canal — crime committed on 35 Cannon — discharge of, prohibited 82 Canvass (election) — of vote at city election 10 Caravans (license) — license for, required. 85 Cars — council may regulate speed of 23 Carts — for sale of goods 85 license for, required 85 consent of council necessary for license _. S5 contents for application for license , 85 fee for license 85 Cartmen (license) — mayor may revoke license of 28 regulations governing 100 to obey mayor and policemen ' 100 not to obstruct walks 100 Cattle— council has power to impound 17 not to be allowed at large 86 when so found, to be impounded 86 XIII INDEX PAGE Cemetery — council may establish and regulate 19 council may prevent interments, except in 19 city superintendent to have charge of 40 removing dirt from, prohibited 81 to be under supervision of council 87 superintendent to care for 87 superintendent to prevent intrusion in 87 superintendent to prescribe grade of lots 87 superintendent to remove weeds 87 rules concerning digging of graves S8 prices for digging graves 88 graves to be five feet deep 88 burials out of cemeteries forbidden 88 driving in cemeteries 88 not to obstruct paths 88 horses not to be left unhitched in 88 defacing monuments and other property S8 loitering in, forbidden 89 lying down in, forbidden S9 nuisance in cemetery, forbidden 89 noxious weeds and vines 89 no title to lot to pass until paid for 89 injury to trees and plants forbidden 100 Cemetery Keeper (cemetery) — regulations regarding burials 112 Certificate (election) — of canvass of votes at election io inspectors to make and file 10 council to make IO Certified — certified copies of records to be furnished by clerk 30 fee for same , when received in evidence , Certificate of Death — to be filed II2 Cess-Pool Regulations — required to be cleaned IO - subject to board of health IO c not allowed near buildings IOO directions for building 10 g INDEX XIV PAGE Charter — of city of Ithaca 6 a public act 75 legislature may modify 75 Chief Engineer— of fire department. (See ENGINEER.) City of Ithaca — mayor, chief executive officer 27 separate from town of Ithaca 6 a municipal corporation 5 entitled to powers and privileges of municipal corporation 5 corporate name 5 regarded as a town for drawing jurors 46 required residence in, for voters : 1 9 to succeed to property of village 74 to succeed to liabilities of village 74 suits to be continued in name of 74 City Attorney — mayor to appoint 8 council to fix maximum compensation 8 compensation, how changed during term 8 council may prescribe duties of . 8 mayor to prescribe duties of 9 mayor to fix compensation for duties of 9, 77 legal adviser of council and city officers 77 to pass on legality of claims 77 to care for city interests in actions 77 to report to council 77 when to appear before recorder 78 to report on franchises 79 City Council — (See Council.) City Clerk — mayor to appoint 8 council to fix maximum compensation of 8 compensation, how changed during term 8 council may prescribe duties of 8 mayor to prescribe duties of 9 mayor to fix compensation of 9 clerk to notify officers of their election 9, 11 to keep minutes of proceedings 13 to file bonds of depository with county clerk 14 to have custody of records : , — 30 XV INDEX PAGE City Clerk (continued). to attend meetings of council 30 to be clerk of council 3° to furnish copies of records 3° fees for same 3° to account for moneys received 3 1 to pay same to treasurer 31 to keep account of city expenditures 31 to countersign warrants on treasurer 31 to keep a record of such warrants 31 to countersign licenses 31 to notify officers of election or appointment 31 custodian of corporate seal 31 to have powers of town clerk 31 may administer oaths 31 may take affidavits and acknowledgments 31 to publish notice of delivery of tax warrant 52 to aid in selection of jurors 46 to make entry of tax sales 56 contents of such entrys 56 to give notice of pavement assessments 61 to furnish blanks for license applications 84 to grant dog licenses 89 to keep record of dog licenses go his office, a town clerk's office 31 City Electors— (See Electors. ) City Hall— records to be kept in 7 q City Limits — defined _ City Moneys — to be deposited in depository _ I; . City Officers — enumerated o manner of election or appointment 8 mayor may examine books 2q mayor may examine accounts of 2 q aldermen to report misconduct of 29 City Physician — overseer of poor may employ _ .- term and compensation of 4S INDEX XVI PAGE City Property (records, books) — council may provide for care of 23 council may prevent and punish injury of 23 council may repair and improve 24 counsel mayinsure 24 injury to, prohibited 81 City Sealer — council may appoint 19 City Superintendent — mayor to appoint 8 council to fix maximum compensation 8 compensation, how changed during term 8 council may prescribe additional duties 8 mayer to prescribe duties of 9 mayor to fix compensation 9 powers and duties of 40 to have charge of property 40 to have charge of cemetery 40 to make contracts for labor 40 to have general oversight of city property 77 to keep walks free from ice and snow 77 to enforce certain ordinances 77 to report violations of ordinances 77 to execute orders of council 77 to care for cemetery 87 to prescribe grade of lots 87 to remove weeds in cemetery 87 to authorize digging of graves 88 to cut grass and weeds in street 98 City Tax— council may raise 49 general tax, limited - 49 when it may be increased 49 to be extended by council 79 to be extended in mayor's office 79 council may select accountant for 79 percentage on unpaid taxes 47 City Treasurer— (See Treasurer.) City Wards (boundaries, wards) — boundaries and number of 6 alterations and erection of „__ „_„,„ T 7 XVII INDEX PAGE Circuses (license) — counsel may prohibit and regulate 15 council may authorize on terms 15 license required for 85 fees for license 85 Civii, Process — police to execute for city 4 1 Claims (accounts, bills) — council may audit and pay 24 council may make rules concerning 24 for negligence to be presented before suit 74 claim for, to be presented within sixty days 74 suit to be begun within one year after disallowance of 74 attorney to pass on legality of 77 required to be verified 79 Clergymen — to report marriages no Clerk— (See City Clerk. ) Clerk of Fire Board — appointment of 132 Coasting (streets) — council may prohibit 16 forbidden in streets 102 when mayor may permit 102 Collector — mayor to appoint 8 council to fix maximum compensation of 8 compensation, how changed during term 8 council may prescribe duties of 8 mayor to fix compensation q compensation not to exceed that of collector of towns 9 mayor to prescribe duties q to collect improvement assessments 71 general duties of 42, 52 to collect all taxes 42 to collect percentage on unpaid taxes 47 to collect county tax 48 to collect percentage on county tax 48 contents of warrant to c t to return warrant in sixty days 51 INDEX XVIII PAGE Coi,t,ector (continued). to receipt for tax warrants 52 to collect all taxes 52 manner of collection of taxes 52 to deposit money with city treasurer 52 settlement with city 52 bond of, to remain in force after settlement 52 collection of unpaid taxes 54 to collect paving taxes 62 method of such collection 62 to collect school tax 141 to give bond to board of education 141 how school tax collected 142 percentages on school tax 142 settlement with board of education 142 Competency — of citizen as judge, witness or juror 73 Common Councii, — (See Councii,.) Common Prostitute — council may restrain and punish 15 Compensation — mayor to fix, of appointees and employees 9 Commissioners — in condemnation proceedings 66 Commissioners of Paving — (See Pavement Commissioners.) Commissioners of Excise— (See Excise Commissioners.) Commissioners of Highways — council to be . — 64 council to have powers of 64 Commissioners of Sewers — (See Sewer Commissioners.) Commitments — of recorder, how signed 39 Committees (council) — aldermen to act, in when appointed 29 standing committees 76 Connections with Sewers — permit to make I2 5 no connection without permit 125 permit to be strictly complied with 125 application for permit 126 XIX INDBX PAGE Connections with Sewers (continued). requirements of house sewers 126 where connections are to be made 127 without permit, forbidden 128 Condemnation Proceedings — council to give notice of 65 notice to be published three weeks 66 commissioners in, how appointed 66 commissioners to give notice to claimants 67 commissioners to award damages 67 commissioners to assess benefits 67 buildings may be removed 67 confirmation of commissioner's report 68 report to be filed with clerk 68 county court always open for 69 collection of assessments under 69 effect of, on leases 69 council to pay damages found 69 when damages paid to Supreme Court 70 money so paid, to be invested 70 land not to be taken until damages are paid 70 assessments to be lien on land 70 such lien to have preference 70 lien, how collected 70 Construction of Buildings — council may regulate 20 Constables (civil) — two in number . 8 mayor to appoint 8 powers and duties of 44 fees of 44 to furnishbonds 44 contents of bonds 44 Constables (police) — special and general 8 mayor to appoint 8 council to determine number of 8 council to fix maximum compensation .. 8 mayor to prescribe dutiesof a compensation, how changed during term 8 mayor to fix compensation of q powers and duties of 40 INDEX XX PAGE Constables (continued). to enforce regulations and ordinances 41 to execute civil processes for city 41 Contagious Diseases— ( See Infectious Diseases.) Contracts — members of council not to be interested in 73 for water supply, to be let to lowest bidder _'_ 18 for construction of sewers 120 to be let to lowest bidder 120 manner of letting 120 bond required of bidder 120 commissioners may reject bids 120 contracts to be executed in triplicate 120 sewer commissioners not to be interested in 116 Contingent Fund — definition of 5o council to fix appropriations for 50 Conduct (disorderly conduct) — disorderly conduct prohibited 80 Correction — of pavement assessments 62 Corporation — Ithaca, a municipal corporation 5 its inhabitants, a body corporate 5 council to exercise corporate powers 14 Corporate Seal — clerk to have custody of 31 Corporate name — City of Ithaca 5 Costs — when officers to recover double 73 Courts — of Special Sessions 34 of recorder 25 County Court — always open for condemnation proceedings 69 County Tax (taxes) — percentage on unpaid 48 city collector to collect 48 supervisors to issue warrant 48 XXI INDEX PAGE County Charges (recorder, police) — what recorder's fees are 39 supervisors to audit 39 Council— mayor and alderman to constitute 12 mayor to preside over 12 when mayor absent, an alderman to preside 12 each alderman to have one vote 12 mayor to have casting vote 13 annual meeting of 12 mayor to designate place of meeting 12 regular meeting of, two monthly 13 regular meeting on first Wednesday 13 special meeting, how called 13 notice of special meetings, how given 13 meetings generally to be public 13 when meetings may be secret 13 clerk to keep minutes of proceedings ' 13 minutes to be open to inspection 13 majority of council a quorum 13 mayor to preside at meetings 27 mayor to appoint committees ^ 27 mayor may recommend measures 27 mayor to approve or veto 27 mannerof veto 27 minutes of, to show reasons for removals 28 council to elect acting mayor 28 city clerk to act as clerk of 30 clerk to record proceedings of 30 members not to be interested in city contracts 73 resolutions to be in writing 70 communications to be in writing 70 powers of may alter ward boundaries 7 may increase number of wards 7 may prescribe duties of city officers 8 may determine its own rules !3 may judge of election of its members 13 may compel attendance of members 13 may prescribe duties of officers 13 may exercise corporate powers 14 may control and manage city property 14 may control and manage finances 14 INDBX XXII PAGB Council (continued). may incur debts and liabilities 14 may prevent vice and immorality 15 may preserve peace and good order 15 may prevent and quell riots . 15 may prevent and quell disorderly assemblages 15 may prevent and punish public drunkenness 15 may prevent and punish public disorderly conduct 15 may regulate hours' of closing saloons 15 may restrain and suppress disorderly houses 15 may restrain and punish common prostitutes 15 may restrain and suppress gaming houses 15 may prevent gaming and fraudulent devices 15 may regulate billiard rooms 15 may regulate bowling alleys 15 may regulate shooting galleries 15 may punish keepers of disorderly houses 15 may restrain and punish vagrants and beggars 15 may prevent obstruction of streets by crowds 15 may regulate exhibitions and circuses 15 may prevent horse racing in streets 16 may regulate driving in streets 16 may prevent flying of kites in streets 16 may prevent bicycle riding on sidewalks 16 may prevent rolling hoops on sidewalks 16 may prevent playing ball in streets 16 may prohibit and regulate use of fire works __. 16 may prohibit and regulate storing and selling of gunpowder 16 may prohibit and regulate discharge of fire arms 16 may prevent coasting 16 may regulate use of streets 16 may direct location of powder houses 16 may direct location of slaughter houses and markets. 16 may regulate keeping of explosives 16 may regulate use of lights in barns 16 may prevent encroachments or obstructions on streets 16 may remove the same x 7 may regulate removal.of ice and snow 17 may require sidewalks cleaned 17 may clean walks at owner's expense 17 may impose penalty for failure to clean walks 17 may establish and regulate pounds 17 XXIII INDEX PAGE Council (continued). may restrain animals 17 may authorize impounding and sale of animals 17 may regulate taxing and destroying dogs 17 may regulate swimming and bathing 17 may regulate and construct water works 18 may provide for supplying city with water 18 may prohibit and regulate lotteries 18 may regulate auctions r8 may license auctions 18 may regulate hawking and peddling 18 may regulate sales in streets 18 may regulate ringing of bells 18 may regulate crying of goods, etc 18 may provide for lighting city 19 may prevent interference with lights 19 may establish fire departments 19 may make rules and regulations concerning same 19 may regulate conduct at fires . _. 19 may inforce such regulations 19 may provide fire apparatus 19 may provide engine houses 19 may establish and regulate parks and cemeteries 19 may prevent interments outside of cemeteries 19 may appoint city sealer 19 may protect property at fires 20 may appoint guards at fires 20 may prescribe fire limits 20 may remove buildings in fire limits 20 may prescribe penalty for violation of such ordinance 20 may prescribe fire wardens to examine buildings 20 may regulate construction of buildings 20 may cause buildings to be made safe 20 cost of same, how collected 20 may enter buildings for inspection : 20 may regulate trees in streets 21 may prevent injury to trees and fences 21 may regulate sidewalks 21 may require owners to repair 21 may repair at owner's expense 21 may purchase and have real estate 21. may regulate laying of pipes in streets 21 may require street repairs over pipes 21 INDEX XXIV PAGE Councii, (continued). may require signals at excavations 22 may compel repairing of walls and buildings 22 may remove dangerous walls 22 may make cost of removal, a lien 22 may cause map of the city to be made 23 may designate on map, unsafe streets 23 may control and regulate wires and poles 23 may regulate use of railroads 23 may regulate speed of cars 23 may prevent obstruction of streets by cars 23 may require guards at crossings 23 may provide for care of city property 23 may prevent and punish injury to same 23 may regulate private sewers 23 may regulate water and gas pipes 23 may repair and improve city property 24 may insure city property 24 may correct assessment roll 24 may audit claims against city 24 may order payment of audited claims 24 may make rules concerning presentation of claims 24 may make city ordinances ._ 24 may pass measures over mayor's veto 28 may direct manner of keeping account of public money 31 may institute condemnation proceedings 66 may revoke licenses 84 may allow wagons to remain in streets 99 may inspect accounts of board of education 140 to have powers of commissioners of highways 64 may open streets and public grounds 64 general duties of to determine number of police constables 8 to fix maximum compensation of appointed officers 8 to designate depository for city moneys 14 to agree upon rate of interest 14 to approve bond of depository 14 to provide office for recorder 33 to fix penalty of recorder's bond 33 to approve recorder's bond ' 33 to determine compensation of acting recorder 38 to be commissioners of highways 64 XXV INDEX PAGE Council (continued). to have powers of commissioners of highways 64 may cause public realty to be recorded 64 duties concerning fire department 7 2 to pay damages in condemnation proceedings 7° to require bills to be verified 79 to refer legal questions to city attorney 79 to refer expenditures to finance committee 79 franchises must be favorably reported 79 to supervise cemeteries 87 to furnish place of meeting for sewer commissioners. 117 to approve of fire department officers 131 to provide room for fire commissioners 132 to cause publication of minutes of fire board 132 to approve of regulations of fire board 133 to make appropriations for fire department 133 powers and duties respecting elections to designate polling places 10 to canvass certificates of inspectors 10 to prepare statement of election 10 to declare election of officers 11 to call special election for special tax 56 to designate polling place for special elections 57 to designate inspectors lor special elections 57 to enter result of, on minutes 58 may expend special tax 58 may borrow in anticipation of special tax 58 powers and duties in respect to taxes may order tax or assessment 13 majority vote necessary 13 mayor entitled to vote for tax or assessment 13 to impose general city tax 49 to levy city taxes 51 to deliver tax warrant 51 may renew tax warrant 53 may sell premises to pay taxes 54 may confirm paving assessments 62 may authorize bonds for unpaid paving assessments. 63 to direct extension of city tax 79 finance committee, to select accountant for 79 to levy tax for S. H. Bridge bonds 153 to fix amount of tax for poor fund 155 INDEX XXVI PAGS Crime (recorder, police) — mayor to enforce laws 27 mayor to be head of police 27 mayor may issue warrants 29 where crime committed partly in city 35 where crime committed on river, lake or canal 35 where crime committed on railway 35 Criminal Process (police) — police to serve 38 fees for service of same 3S all fees to be paid to city 38 Cross Walks — (See Streets.) council may repair 65 vehicles not to stop on 102 Crowds in streets — council may prohibit 16 police may disperse 16 Crying of Merchandise — council may regulate 18 Damages — in condemnation proceedings 70 council to pay 70 tender to be made and kept good 70 for negligence, limitation of claim 74 for back water from sewers 82 Danger Signai^s (excavation, sewers) — council may require at excavations 22 removal of, prohibited 81 Date — of city election 10 Deaths — to be reported to health board no certificate of, and burial permit in Defacement — of trees and property 21 when disorderly conduct 41 of city property, prohibited 81 of monuments, forbidden 8S Depository of City Moneys— council to designate bank 14 as to rate of interest paid by „-„- „„, 14 XXVII INDEX PAGE Depository (continued). bank to execute bond 14 requirements of bond 14 Digging in Streets (excavations) — regulations for 97 Dirt— deposit of in streets, forbidden : 99 Discharge (fire works) — of fire arms, prohibited 82 Diseases — (See Infectious Diseases.) Disorderly Assemblages — council may prevent and quell 15 Disorderly Conduct — instances of, enumerated 41 prohibited 80 recorder exclusive jurisdiction of 33 recorder may try summarily 33 Disorderly Houses — council may restrain and suppress 15 council may punish keeper of 15 Disorderly Persons — who are 41 council may restrain and punish 15 when crowds are 16 , recorder may try summarily 34 police may arrest without a warrant 41 Display — of merchandise on walks 96 Disturbing (disorderly conduct) — public, is disorderly conduct 41 quiet, prohibited 80 Dogs (license) — council may impound, tax and destroy 17 dog fighting is disorderly conduct ^x biting dogs not to be harbored 89 license for dogs 89 clerk to grant license 89 term of license 89 fee for license 89 mayor may appointed dog-catcher 90 interference with dog-catcher forbidden 90 INDEX XXVIII PAGE Dogs (continued). redemption of confined dogs qo unredeemed dogs to be killed 90 harboring unlicensed dogs, forbidden 90 Documents (recorder) — how recorder to sign 39 Docket— of recorder 39 Door Bells — ringing of , forbidden 81 Drains (sewers, house connections) — council may regulate 23 surface drainage not to be led to sewers 127 house drains to be watertight 106 plans for same to be approved 106 Drain Layers — to take out license ; 124 contents of license of 124 license may be revoked for cause 125 responsible for acts of employees 125 work of, to be inspected 125 inspection to be recorded 125 permit to make house connections 125 disturbed streetsto be repaired 125 trenches to be filled within forty-eight hours 125 excavations to be guarded 126 city not responsible for negligence of 126 make good, defective work 126 license of may be cancelled 129 Driving — council may regulate 16 in cemeteries regulated 88 fast drivers may be stopped 16 Drunkenness — council may restrain and prevent public 15 in public, disorderly conduct 4 1 Ducks — not to be allowed at large in streets .- 86 when so found, to be impounded 86 Duties of Officers — council may prescribe 8, 13 mayor may prescribe-,,,-,- 8 XXIX INDEX PAGE Dynamite (Fire Crackers) — discharge of, forbidden 82 Eaves— when trough required underneath 95 Education — (See Board of Education.) Ejections — of city officers 8 mayor elected at alternate 12 of aldermen, supervisors 10 council, judge of 13 of recorder 32 of justice of the peace 43 qualification of voters at 9 general election laws to apply 9 regulations for city election to be held in each ward 9 polls open from eight to five 10 council to designate places for holding 10 inspectors to canvass votes 10 inspectors to make and file statement of canvass 10 inspectors to judge qualifications of voters 10 when to be held 10 notice of, how published 10 council to canvass certificates of 10 council to prepare statements of 10 council to declare persons elected n notification of persons elected 11 for increased city tax 4g special election for special tax 56 for extraordinary tax 57 council to designate polling places for 57 council to designate inspectors for 57 who may vote at special election 57 when trustees and representatives may vote 57 of fire department officers j,j Electric Lights — council may provide for T q Electric Wires — precautions to prevent injury from 83 when broken, to be repaired 83 guards to be provided in case of break of 83 INDEX XXX PAGE Employees — mayor to prescribe duties of city g mayor to fix compensation of city 9 Encroachments on Streets — (streets) council may prevent 16 council may remove • 17 cost of removal may be made a lien 22 all encroachments to be removed 96 penalty for not removing same 96 Engineer (fire department) — chief of fire department 131 powers and duties of 134 to command at fires 134 to report disobedience 135 to examine and report on buildings in city 135 to report causes of fires 135 to examine all apparatus '. 135 may blockade streets 92 to be obeyed at fires 92 to see that fire ordinance is enforced 94 for neglect, maybe removed 94 Estimates— standing committee to report of expenses 76 Evidence — ordinances, when certified to be 25 certified copies of records to be 30 when records of Board of Education are 139 Excavations in Streets — mayor may issue permit for 97 superintendent to supervise work of 97 half of street to be left open 97 guards to be placed at 97 street surface to be restored 97 excavating without permit, forbidden 97 for sewers to be refilled r 126 Excise Commissioners — mayor to appoint 8 number of council to fix maximum compensation 8 compensation, how changed during term 8 mayor may prescribe additional duties of 8 XXXI INDEX PAGE Excise Commissioners (continued). mayor to prescribe duties of 9 mayor to fix compensation 9 to be appointed annually 46 term (three years) 46 to compose board of excise 46 duties prescribed by state laws 46 Excise Commissioners (Town)— when to act for city 45 when elected (annually) 45 to form board of excise for town 45 Exemption — from tax for railroad bonds without limits of former village 50 from city tax lands north of Fall Creek :' 51 from arrest on election day 73 Exhibitions (license) — council may prohibit and regulate 15 council may authorize on terms 15 mayor may revoke license for 28 when license required for 85 Expenditures — to be referred to finance committee 79 Expressmen — regulations governing 100 to obey mayor and policemen 100 not to obstruct walks loo Explosives — council may locate houses for' storing 16 council may regulate keeping and conveying of 16 council may regulate storing and sale of 16 regulations for keeping 82 amount to be kept, limited 82 location of houses for storing 82 Failure — of officer to qualify, to work forfeiture q False Alarm — of fire, penalty for „, of fire, when disorderly conduct 4! INDEX xxxn PAGE FEES— clerk to collect for copies of records 30 clerk to receive same as town clerk 3I received by clerk, to be paid to treasurer 3I of recorder and acting recorder 3 8 same, to go to city _ ,g penalty for failure to pay over 38 for service of criminal papers 3 8 chargeable to county, how paid 30 for dog license oo FELONIES — when recorder may take bail for 36 Fences (council) — council may prevent injury and defacement of 21 injury and defacement of , disorderly conduct 21 Feres (fire department) — council may regulate conduct of citizens at 19 council may enforce such regulations 19 council may regulate construction of buildings 20 council may make safe, dangerous buildings 20 wardens to investigate ^ 20 council may protect property at 20 council may appoint guards at 20 false alarm of, when disorderly conduct 41 mayor may cause buildings to be razed at 73 insurance on buildings razed at 73 department to have right of way 92 use of streets at ; 92 crossing hose forbidden at 92 chief engineer to be obeyed at 92 injury to apparatus at 93 penalty for false alarm of 93 Fire Alarm — appointment of superintendent of 132 tampering with 93 obstructions not to fall on 93 Fire Apparatus — council may provide 19 Fire Commissioners (fixe department) — mayor to appoint 13° how designated 13° appointment to be in writing , 130 XXXIII INDEX PAGE Fire Commissioners (continued). term of, three years I 3° to take oath of office T 3° to see fire ordinance is enforced 94 for neglect of same, may be removed 94 to call caucus of department I3 1 to act as inspectors of department elections 13 1 to canvass vote at department elections 13 1 to make return of election to council 13 1 to manage and control fire department 13° to make by-laws for department 13 2 meetings to be held monthly 13 2 to receive no compensation 13 2 expenses of , how paid 13 2 to have charge of department property 132 may appoint clerk 132 may appoint superintendent of hose 132 may appoint superintendent of fire alarm 132 may remove member or officer of department 132 to furnish estimate to council " 133 may fix salaries of officers 133 department treasurer to inspect books of 133 to extend appropriations 134 personal liability for excess of expenses 134 department treasurer, custodian of 134 fund for indigent and disabled firemen 134 insurance money to go to fund 134 fund, how distributed 134 to approve of company engineers 135 may require fire escapes 135 Fire Department (fire commissioners) — council may organize iq council may make rules concerning io powers and duties of council in relation to 72 limits for wooden buildings addenda to have right of way going to fires ^__ 02 to keep to right side of streets q 2 may blockade streets o 2 crossing hose of , forbidden o 2 conduct of , at fires o 2 injury to apparatus of o, tampering with fire alarm, forbidden 93 interference with hydrants, forbidden 93 INDEX XXXIV PAGE FiRE Department (continued). defacing hydrants and boxes, forbidden - 93 false alarms, penalty for 03 badge of , who to wear 03 act of incorporation of j-, a body corporate 130 may hold and convey property 130 board of fire commissioners to manage 130 mayor to appoint board 130 annual election of 131 fire commissioners, to call caucus of 131 officers of 131 notice of election of, to be published 131 officers to be approved by council 131 officers to hold office until succeeded 131 powers and duties of commissioners 132 appointing of clerk of fire board 132 appointment of superintendent of hose 1 1 132 appointment of superintendent of fire alarm • 132 rules and regulations of, to be printed 133 removal of members and officers 133 council to set aside appropriations for 133 appropriations for, how expended 134 treasurer, custodian of appropriations 134 city treasurer to be treasurer of 134 powers and duties of chief engineer 134 to command department at fires 134 to report disobedience 135 to examine and report on buildings _. 135 to report causes of fires. 135 to examine all apparatus 135 fund for indigent firemen 134 insurance money to go to fund 134 fund, howdisbursed 134 engine companies to elect engineers 135 such election subject to approval of council 135 treasurer to collect moneys of - 135 treasurer to keep books 135 Fire Department Fund — definition of „ 5° council to fix appropriations for 50 Fire Escapes — council may require 135 XXXV INDEX PAGE Firs Limits— council may prescribe 2 ° council may prohibit buildings in 20 council may remove buildings in 20 council may prescribe penalties regarding 20 buildings within, must be fire proof addenda limits of, defined addenda penalty for violation of ordinance respecting addenda plans for buildings in, to be submitted addenda Fire Wardens — appointment of 8 one from each ward 8 council to fix maximum compensation of 8 compensation, how changed during term 8 council may prescribe duties of 8 mayor to prescribe duties of 9 mayor to fix compensation of 9 council' may authorize, to investigate 20 Fire Arms — council may regulate discharge of 16 discharge of, regulated 82 Fire Works (explosive) — council may prohibit and regulate discharge of 16 council may regulate storing and sale of 16 discharge of, when prohibited 82 Finances — council to control and manage 14 clerk to keep account of 31 clerk to report condition of to council 31 clerk to pay moneys to treasurer 31 mayor to sign warrants on treasurer 31 clerk to countersign warrants , 31 contents of warrants on treasurer 31 clerk to keep record of warrants 31 treasurer, custodian of city moneys 32 treasurer to keep accurate accounts 32 manner of keeping treasurer's accounts 32 council to designate amounts of appropriations 49 appropriations not to be exceeded 50 unforseen emergencies 50 special tax regarding 57 council may anticipate special tax 57 INDEX XXXVI PAGE Fighting — in public, is disorderly conduct 41 Fines — recorder to pay over to city 38 penalty for failure to pay over 38 First Ward (wards) — boundaries of 6 Frying Kites — council may prevent 16 Foods — unwholesome and unsound, not to be sold 107 animal food to be carefully killed and kept 108 Forfeiture — failure of officers to qualify, to work 9 vacancy caused by, filled 9 penalty for failure to qualify 9 when recorder has jurisdiction of 25 when court of record has jurisdiction of 25 justices of peace to have no jurisdiction of 25 Fourth Ward (wards.) boundaries of 7 Fowi^s — council may cause to be impounded 17 not allowed at large 86 when at large, to be impounded 86 Franchises — city attorney must report favorably 79 finance committee must report favorably 79 Fraudulent Devices — council may prevent *5 Freedom from Arrest — on election day 73 Frightening Teams— council may prevent anything T ° Fund (Fire Department)— for indigent and disabled firemen J 34 insurance money to be set aside for r 34 to be deposited in bank x 34 annual report of ' — I 34 said amount of, to be distributed by fire commissioners.. 134 XXXVII INDEX PAGE FUNERALS — regulations of, after infectious diseases no Galleries — council may regulate shooting 15 Gambling — council may restrain and suppress I 5 Garbage — not to be left in houses l°6 not to be thrown in streets 106 lots, not to be filled with 106 Gas Pipes — council may regulate laying of 21 council may require repair of streets over 21 danger signals at excavations for 22 council may regulate 23 Gates— not to open over sidewalks 95 not to stand open over sidewalks 95 Geese— council may impound 17 not to be allowed at large 86 when so found, to be impounded 86 General Statutes — See School Law. Election Law how applicable 9 mayor to have powers given by 28 General City Tax — council may raise 49 when it may be increased 49 General City Elections — (See Elections.) Good Order — council to preserve 15 Gospel — and school lots fund 75 Grass and Weeds — in streets, to be cut 98 superintendent to cut at expense of owners 98 expense of cutting, how paid I 98 INDEX XXXVIII PAGE Graves (cemetery) — who authorized to dig, in city cemetery 88 fees for digging same 88 not to be less than five feet in depth 88 outside of cemeteries, forbidden 88 Gun Powder (explosives) — council may locate houses for storing 16 council may regulate keeping and conveying 16 council may regulate storing and sale of 16 • regulations for keeping 82 amount to be kept, limited 82 houses for storing 82 Hackmen — mayor may revoke license of ,._ 28 regulations governing 100 to obey mayor and police 100 not to obstruct walks ,. 100 Hawkers (peddlers, license) — certain, must be licensed addenda not applicable to certain farm products addenda no application to veterans addenda fees for license , addenda Hawking — council, powerto regulate 18 Health — whatever is dangerous to, a nuisance 105 Heai/th Board— rules to be obeyed 83 regulations of 105 Health Officers— powers and dutiesof 112 to enforce health regulations 112 to examine premises 112 to preserve records of 112 to report to health board 112 Highways— (See Streets.) Highway Commissioners ( council) — council to be 64 Highway Fund — definition of 64 council to fix appropriations for 49 XXXIX INDEX PAGE Hitching Posts— forbidden on State Street 97 Hitching Horses— regulations governing I