THE GIFT OF A\.ovvJW....&...'%.M/v^ kz&zmvb %-).&:.). IL Cornell University Library JS13 .189 An act to consolidate and revise the sev 3 1924 030 546 448 olin 0vers Cornell University Library 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/cu31924030546448 .State, of New York. No. 1170. Int. 903. February 27, 1 908. Introduced by Mr. GUM>ERMAN — read once and referred to the Committee on Affairs of Cities. •AN ACT To consolidate and revise the several acts relative to the city of Ithaca. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 1 THE CHARTER OF THE CITY OF ITHACA. 2 Title IC«$rfc title; boundaries; civil divisions; ineorpora- 8 tion of -city (§§1—5). 4. II. City officers; elections; appointments; vacancies; 5 bonds; powers and duties (§§ 6-28). 6 III The common council (§§ 29-37). 1 IV. Assessment and taxation (§§ 38-52b). 8 V. City court (§§ 53-87). d VI. Recorder's court (§§ 88-106). j0 VII. Department of public works (§§ 107-162). n VIII. Fire department (§§ 163-169). 2 1 Title IX. Department of education (§§ 170-199). 2 X. Sinking fund commissioners (§§ 200-205). 3 XI. Miscellaneous (§§ 206-239). 4 TITLE I. 5 Short Title; Boundaries ; Civil Divisions; Incorporation 6 , \ ov City. ; Y Section 1. Short title. . 8 2. City boundaries. 9 3. Ward boundaries. 10 4. Change or increase ( of wards. 11 5. Corporate name; powers. 12 Section 1. This act is a public act and should be, known and 13 cited by' the short title of " Ithaca city charter." 14 § 2. ,AU that part of -the county of Tompkins, comprised within 15^ the following boundaries, namely: Commencing at the south- %B West corner of De Witt's location so called, being the- fourteen 1Y hundred acres conveyed to him by Abraham Bloodgood by deed 18 dated December first, seventeen hundred and ninety-two; thence 19 due east along the south line of said location and the south line 20 produced, to a point three thousand four hundred fifty-two feet 21 east of the east line of military lot ninety-four; thence due north 22 parallel with said east line of lot ninety-four to the north line of 23. military lot ninety-two; thence west along "the north lines of lots 24 ninety-two and ninety-four and these lines produced, to the west 25 line of military lot eighty^seven; thence south along the west 9q' line of said lot eighty-seven and the west line of said DeWitt's 3 i * location, to the place of beginning, shall continue to be and con- , ^ gtitute the city of Ithaca. All the territory outside, of the bounda- 3 r i es f the c Hj f Ithaca and within the boundaries of the town , 4 of Ithaca shall* constitute the town of Ithaca, and the said city i -5 and town shall be separate and independent of "each other. 6 § 3. The said city shall be divided into five wards', respectively, ,4 7 as follows: * t - ' 8 First ward. — The first ward shall be all that part of said city 9 bounded on the east by a line commencing in the north, line of 10 said city in the center. of the Cayuga inlet, thence running up 11 the center of said, inlet to the center of Fifth street; southerly 12 along the center of Fifth street to the center of Cascadilla street; 13 east along the center of Cascadilla street to the center line of 14 Park place; south along the center of Park place to the center 15 line of Buffalo street; west along the center of Buffalo street to 16 the center line of Corn street, and south along the center line of 17 Corn street, ^extended, to the south line of the city. 18 Second ward. — The second ward shall be that part of said city 19 bounded by the south line of the city, the center line of Aurora 20 street to the center line of Buffalo street, the center line of Buffalo ,21 street to the center of Tioga street, the center line of Tioga 22 street to the center of State street, the center line of State street 23 to the center of Corn street, and the center line of Corn street, 24 extended, to the south line of the cityT" 25 Third ward.' — The third ward shall be that part of said city 26 bounded- by the center line of State street, the center line of 1 v TITUS II. 2 City Officers; Elections; Appointments; Vacancies; „ Bonds; P'owees and Duties. Section 6. City officers. - 7. Failure to qualify. „ 8. Qualifications of voters. b 7 9. City election; polling places. 8 13 10. Election districts. „ 11. Certificates of election. 1Q ,12. Oath 'of office. . •j-. 13. Municipal year. -o 14. Election in November, nineteen hundred and eight; terms of office. 15. Mayor; his powers and duties. -.« 16. Aldermen; their duties. -. g 17. Supervisors; duties and compensation. -IY 18. City attorney; his duties and compensation. ,jg 19. Assessor and associate assessors; their powers and ^o duties. 20' 20. Commissioner of buildings; his powers and duties. 2^ 21. Police commissioner; qualifications, powers and 22 duties. r 23 22. Police; their several powers and duties. 24. , , 23. Constable ; their powers and duties. 25 24. Commissioner of charities; his quajlifications and 26 duties. 27 L ' 1 Section 25. City clerk; his duties. 2 26. City chamberlain; his powers and duties. \ 3 27. Board of health; powers and duties. 4 28. Duties of appointees under general laws. 5 § 6. The officers of said v city shall be as follows: A mayor, 6 a city judge, a recorder, a city chamberlain and two supervisors at 1 large to be elected on a general ticket by the qualified voters of 8 the city; two aldermen and one supervisor from each ward,* to be 9 elected, by the qualified voters of the city residing in each ward, 10 respectively; a city attorney, an assessor, two associate assessors, 11 six commissioners of public 'works, six commissioners of , public 12 health, three fire commissioners, a commissioner of buildings, a 13 police commissioner, a commissioner of charities, three sinking 14 fund commissioners, such members of the -police force, general 15 and special, and such constables, as in the judgment of the com- 16 mon council may be deemed necessary, and such officers as are IT hereinafter, or by the general laws of the state, authorized and 18 provided, all of whom shall be appointed by the mayor or as by 19 said general laws provided. The same person may be so appointed 20 to hold one or more of said offices at the same time. A city clerk 21 and a city superintendent shall also be officers of the city and shall 22 be appointed by the board of public works hereinafter provided. 23' Before any person shall be so appointed to one or more of said 24 offices the common council, except as otherwise provided for, 25 shall fix the maximum rate of compensation to be paid for per- 2Q forming the duties of .each of said offices, whioh maximum rate 8 1 shall not be changed during the incumbency of the appointee 2 next thereafter appointed thereto, except with the consent of the 3 mayor. The common council may also, prior to each of such 4 appointments, prescribe the duties of such officers in addition to 5 and not inconsistent with the duties prescribed by this act, except 6 as otherwise provided for; and, subject to such provisions of the 1 common council and to the provisions of this act, the mayor shall '•'8 prescribe the duties and fix the rate of compensation of all officers 9 appointed by him. The salary of the city chamberlain and of the 10 recorder shall be fixed by the common council at least six weeks 11 before the time of his election, and shall not be increased or re- 12 duced as to an unexpired term of office. 13 § 7. Every person elected or appointed to office under this act, 14 who shall refuse or neglect to take and file the oath of' office here- 15 inafter required, for ten days after the mailing of a notice in U writing by the clerk,' informing him of his election or appoint- 17 ment, shall be deemed to have declined the office and his place shall 1 8 be filled as in a case of vacancy, and he shall forfeit twenty-five 19 dollars to be due and collected in the name of and for the benefit of 20 the city Nothing herein contained, however, shall prevent a 21 person appointed to office from declining the appointment by mak- 22 ing his declination in writing and filing the same with the city 23 clerk within the period of ten days above provided', in which 24 case no penalty shall attach. 25 § 8. Every inhabitant residing in the city of Ithaca who shall, 26 at the time and place of offering his. vote, be qualified to vote for 9 1 member of assembly, shall be entitled to vote for the officers to be 2 elected by virtue of this act in 'the ward where he shall be so . 3" qualified. 4 f 9. The annual city and ward election shall be held on the . ' 5 same" day and at the same places with the state general election. 6 Elections held under this act shall be governed by the general Jj election law of the state where it is not inconsistent with the pro- 8 visions of this act, and all certificates of nomination shall be filed 9 as provided therein. Separate returns as to city officers voted for 10 shall be filed by the inspectors in the office of- the city clerk H within twenty-four hours after the completion of the canvass. 12 § 10. The common couneil shall have authority to subdivide 13 the several wards into election districts in accordance with the 14 general election laws'; and said districts, when .so designated by 15 said council, shall .constitute election districts for all general and 16 other elections to be held in said city unless herein otherwise 1» provided; and all provisions of law .applicable to election districts lg and to the inspectors and other officers of election thereof and ig therein shall apply to said election districts, inspectors and other o election officers. 91 § 11. The common council shall convene on the second Wednes- 00 day after an election at eight o'clock in the afternoon at its usual „„ place of meeting, and the statements of votes filed with the city „ . clerk by the inspectors of election shall be produced by the clerk. ' „ The common council shall forthwith determine, declare and cer- 25 L. 3 26 10 * tify in the maimer now provided by law, who, by the greatest 2 number of votes, are duly elected at the said election to the 3 various offices hereinbefore named; such certificates shall be made 4 in duplicate, one of which shall be filed with the clerk' of said 5 city, and the other with the clerk of Tompkins county. 6 § 12. All elective officers shall take the oath of office prescribed 7 by the constitution of the state and shall enter upon the duties of 8 their respective offices on the first day of January following their 9 election, at which time the common council shall be organized, 10 ani all appointive officers shall take their office thle day after 11 their appointment, except as herein otherwise provided. 12 § 13. The municipal year in the city and the term of all elec-^ 13 tive officers shall begin on the first day of January, and the term 14 of all elective, and appointive officers: shall expire on the last day 15 of December of the last year for which they were respectively 16 elected or appointed, except as may be in this act otherwise pro- 17 vided; provided, however, that every officer of said city shall hold 18 his office until his successor shall have qualified. \ 19 i § 14.- At the general election held in November, nineteen hun- z 20 dred and eight, there shall be elected, in addition to the mayor and 21 recorder, a city judge and a city chamberlain. The term of the 22 mayor then elected shall end with the thirty-first day of Decem- 23 ber, nineteen hundred and eleven; and the term of the recorder, 24 c ity judge and city chamberlain elected at that time shall -end 25 with the thirty-first day of December, nineteen hundred and 2Q< eleven. At the annual election in November, nineteen hundred 11 , v 1 and eleven, and each odd numbered year thereafter, a mayor shall 1 / 2 be elected to hold office for two years. At the annual election in 3 November, nineteen hundred and eleven, and each fourth year 4 thereafter, a recorder, city judge, and a city chamberlain shall 5 be elected eaeh for a term of four years. Aldermen shall be 6 elected each for a term of two years. The aldermen in office when 7 this act takes effect shall serve out the remainder of the term 8 for which they were respectively elected. At the •annual elec- 9 tion in November, nineteen hundred and eight, there shall be 10 elected two aldermen from the fifth ward, one for a term of one 11 year and the other for a term of two years. Thereafter at each 12 general election there shall be elected one alderman from each 13 ward in place of the alderman from each ward whose term of 14 office shall next thereafter expire. The supervisors in office when 15 this act takes effect shall serve out the remainder of the term for 16 which they were respectively elected, and at the general election 17 ~in November, nineteen hundred and eight, besides the other super- 18 visors then Tib be elected two supervisors at large shall be elected, 19 each for a term of two years; also a supervisor in the fifth ward 20 for a term of one year. Thereafter at % the general election next 2i preceding the expiration of the term of any supervisor or super-; 2% visor at large, a successor shall be elected for the term of two 23 years, or such term" as may be otherwise provided. 24 § 15. The mayor of the city of Ithaca shall be.the chief execu- 25 tive magistrate thereof and shall, when present, preside at all 2g meetings of the common council. It shall be his duty to take 12 ' ; i care that within the city the laws of this state 1 and the ordinances 2 and by-laws passed by the common council shall be faithfully 3 executed, and as head of the police of said city to arrest or cause 4 the arrest of all persons violating the same; to exercise a con- s' stant supervision over the conduct of all subordinate officers; and 6 to receive and examine into all complaints against them for mis- ■- 7 conduct or neglect of duty; to appoint; at the first meeting, of the 8 common council in eaeh year, or as soon thereafter as may be, 9 all standing committees- required by the rules of the common coun- 10 oil, and all special committees of the common council unless by 11 it otherwise ordered; to recommend in writing to the common 12 council, from time to time, such measures as he shall deem neces- 13 sary or expedient for it to adopt; to approve or disapprove of all 14 bills, orders, resolutions or ordinances which shall have passed the 15 common council, and if he disapproves, he shall return the same 16 'to the common council or to the clerk thereof with his objection 17 in writing, which shall be filed by the clerk, and the common 18 council may, at its' next meeting, thereafter, proceed to recon- 19 sider such ordinance, resolution, order or act -thus disapproved, 20. and if the same sha'Ube passed by the votes of two-thirds of all 21 the members of the common council then in office, the same shalF 22 have full force and effect, notwithstanding the objection of the 23 mayor. If any such bill, order, resolution ■ or ordinance shall not 24 be so returned by the mayor to the common council or clerk 25 within' five days after it shall have been presented to him (Sun- 26 day excepted) such ordinances, resolution, order^or act shall have 13 1 full forc|3 and effect in like manner as if duly approved a by the mayor, unless the term of office of the mayor shall 3 have expired within five- days after the same shall have 4 been presented to him, in which case such ordinance, reso- 5 lution, order or act shall have no force. He shall have power, 6 summarily, to hear, try and determine any complaint for mis- » 1 conduct or neglect of duty against any officer of the city ap- 8 pointed by the mayorj and to suspend or remove said officer, pro- 9 vided, however, that at the next meeting of the common council 10 after such removal he shall state his reasons therefor in writing, , 11 which shall be spread upon the minutes kept by the common 12 council. He shall have power, summarily, to revoke any license 13 issued by him to any milkman, haekman, eartman, peddler, street 14 dealer, or for the exhibition of any show. He shall sign all war- 15 rants ordered by the common council for the payment of moneys 16 by the city chamberlain, and, when authorized by the common 17 council or board of public works so to do, shall execute in be- 18 half of the city all deeds, contracts and other papers to be exe- ^9 cubed as the act of the city. He shall have power to administer 20 oaths and take affidavits and acknowledgments; he shall have 21 power to prescribe the 'duties, and fix the rate of compensation 22 of all officers appointed by him and of all employees of the city 23 not otherwise provided for by this act. The mayor shall possess 24 all the power and authority conferred upon the mayors of cities >g of the same class and by any general statute of the state. He og may, upon complaint being made ' to him under oath, issue a 21 L 4 u 1 warrant to any police officer in the city of Ithaca to. arrest any 2 person charged with any crime or misdemeanor, or with violation 3 of 'any of the laws or statutes of the state within said city, and 4 bring such person for examination or trial before the recorder or 5 acting recorder; and such warrant maybe executed by any officer" 6 to whom it is directed atWy place within the state without in-. f dorsemeht. When- such process shall be'made returnable before, 8 the recorder or acting, recorder, such officer, upon the same being 9 returned to him, or the prisoner arrested by virtue thereof being 10 brought before him, shall take and acquire jurisdiction of the 11 .subject-matter and proceed with the case to the same extent and 12 in the same manner and in all respects as if such process had been 13 originally issued by him. He shall have power at all times to 14 examine the books, vouchers and papers of any officer or em- 15 . ployee of s^aid city, and to s umm on or examine, under oath, any 16 person connected therewith. It shall be the duty of the mayor, 17 either in person, or by the aid of a competent expert, to know the 18 manner in which the accounts of the city and of the various 19 boards are kept; to exercise general supervision thereof; to re- 20 quire the submission of the statements provided for by this act 21 and such additional statements as he may deem necessary; and to 22 cause the annual statements to be published; to exercise the right 23 of veto as to any resolution of any board created or continued 1 v 24 by this act making unlawful expenditure, or any expenditure in 25 excess of its appropriation not otherwise provided for; to make 26 recommendations for the consideration of any of said boards, and 15 _ i to make such investigations and reports in regard to the work o and transactions, thereof as lie may deem necessary or advisable „ for the inf ©rmatiqn of the inhabitants of the city or otherwise. . § 16. It shall be the duty of every alderman in said city to , attend the regular and special meetings of the common council; fi to act upon committees when thereunto-appointed by the mayor ,_ or common council; to report to the mayor all officers who are guilty of any official misconduct or neglect of duty, and to aid o -/ in maintaining peace and good order in the city, and to perform, or assist in performing, all such duties as are enjoined upon the aldermen of the city, separately, or upon the common council thereof. 12 § 17. The supervisors elected under the provisions of this act shall be members of the board, of supervisors in the county of Tompkins. It shall be their duty to represent the city at all 15 " , general and special sessions of said board, and to act and vote upon all measures coming before the board for its action and de- termination. They shall have the same compensation allowed by 18 law and in the same manner as supervisors of towns for similar ,19 • service. 20 § 18. The city attorney shall prosecute and defend all actions 21 v and proceedings by .and against /the city and every department 22 ' thereof. He shall be the official legal adviser of the mayor, the 23 common council, the boards and other officers of the city. He 24 shall, when required, prepare all legal papers, contracts, deeds 25 " and other instruments for the city and the different departments 26 16 1 thereof, and attend the meetings of the common council and of 2 the board of public works. He shall, when desired by therboard 3 of public works, attend to all the proceedings under this act, in 4 relation to improvements, local or otherwise, and conduct the 5 same in a legal manner. It shall be his duty to pass upon the 6 legality of all bills or claims presented to the common council or 1 the board of public works which' may be submitted to him for 8 that purpose, and shall perform such other professional services- 9 relating to the city as the mayor or common council may direct. 10 It shall be his duty to appear in behalf of the people in pro- 11 'Ceedings before the recorder whenever in the judgment of the 12 mayor or a majority of the members of the common council or 13 board of public works, the interests of the city require it. If the : 14 city attorney certifies to the common council that he needs the 1 5 assistance of additional counsel on questions or matters submitted . 16 to him, or if in the judgment of the mayor other or additional •"_- 17 counsel should be employed, the common council may authorize- -". 18 the mayor to employ counsel thereon; and except upon such 19 authorization the city attorney shall be the sole attorney and 20 counselor of the city and of its various boards and depart- 21 ments. Whenever any papers in any proceeding or action, 22 by which the city is affected, shall be served on any officer of •'.-- 23 • the city, he shall forthwith deliver the same to the city attorney, ' 24 who shall thereupon take such action in the matter as shall be 25 necessary to protect the interests of the city until the next meet- " •'; 26 ing of the common council, when he shall report thereon with '" 17 1 his proceedings and recommendations therein. He shall keep a 2 record or register of all suits and proceedings which, as city at- 3 torney, he shall have in charge. He shall have power to authorize 4 any attorney to appear for hinl, in case of his absence or illness, 5 for and in behalf of the city in any suit or proceeding. All q costs of actions and proceedings, when the city is a party, shall 7 belong to the city, and when collected shall be paid to the city 8 chamberlain and credited to, and form a part of, the contingent w 9 fund. The city attorney shall, at the expiration of his term of 10 office, deliver to his successor, as soon as qualified, the record or H register of all suits and proceedings in which the city or any of 12 its departments may be a party, and all papers therein in his 13 possession, and shall sign stipulations substituting such successor, 14 as attorney for the city, to the end that a suitable order may be 15 entered making such substitution. The common council shall 16 P a 7 the city attorney all disbursements or expenses which he may 17 legally incur in behalf of the city and which may be incurred 18 under the direction of the common council or mayor or any board 19 or officer, as provided by this act. He shall receive for his salary 20 one thousand five hundred dollars per annum, payable monthly, 21 and no other fee or reward, except necessary expenses and dis- 22 bursements incurred by him. 23 § 17. The assessor in office when this act goes into effect shall 24 serve during the remainder of the term for which he was ap- 25 pointed. At the first meeting in January, nineteen hundred and 26 s nine, the mayor shall appoint one associate assessor to serve for 27 L - 5 18 V .- one year, and one associate assessor to serve for three years. Thereafter as their several terms expire, successors shall be ap- pointed to serve for the regular term of three years. The as- o sociate assessors shall not at any time both belong to; the same political party. It shall be the duty of the assessor with the aid 5 of the associate assessors to prepare and file with the city clerk 6 ' on or before the first day of April in each year an assessment- 7 «*.:■ roll in duplicate of all the taxable inhabitants and property -of o said city, both of which rolls shall be deemed originals. Upon" y completion of said roll the assessor shall give notice of the time . and place- when and where the assessor and associate assessors will sit for hearing grievances and reviewing the assessments! therein, and such grievance day shall not be- later than the fif- 13 , ■ y x teenth day of April in each year. Such notice shall be published at least three times in each of two newspapers published-* i6 in the city, and shall also be posted in fen public and conspicuous i7 places in each ward at least ten days before the day specified ", ig therein. The assessment-roll, after such hearing and review, shall 19 be completed, certified and filed with the clerk of the said city on 2Q or before the first day of May in each year. The assessors shall !-. 21 possess, all the powers and authority of town assessors and be 22 governed by the general statutes relating thereto so far as ap- 23 plicable. They shall perform, the duties required of them in 24 relation to the assessment of property in the city for the purposes . 6 of levying taxes imposed either under -the provisions of this act 26 or by the board of supervisors of Tompkins county. The assess-' 21 ment-roll made for the city tax shall be copied, and the same shall 19 1 constitute the roll for the purpose of levying taxes imposed by 2 the board of supervisors, without any further assessment and 3 without any further or other notice. The associate assessors shall 4 act with the assessor as a board of revision, equalization and griev- 5 ance, each to have equal power with the assessor in altering and 6 changing assessments by a majority vote. They shall* upon the 7 completion of the assessment-roll, carefully inspect the same and 8 assist the assessor in adjusting the assessed values upon an equal- 9 ized basis, and shall 'be present upon grievance day for the pur- 10 pose of hearing complaints and of making alterations or changes •V 11 found necessary. . The annual salary of the assessor shall be six 12 hundred dollars, payable monthly, and of the associate, assessors 13 one hundred dollars each, payable quarterly. 14 § 20. The commissioner of buildings, at reasonable times, shall 35 enter and examine all premises and buildings and ascertain if 16 they are in a dangerous state in regard to fires. He shall have 17 power to prevent all practices which may be a menace to property 18 or make buildings and property more hazardous from fires; to 19 prevent and regulate the construction of any building, chimney, 20 fireplace, heater, stove, stove-pipe, oven or furnace, repository 21 for ashes or charcoal, boiler, furnace, or other apparatus 22 or thing whatever which may be considered dangerous with 23 respect to fires, and to cause the owner or occupant of any 24 premises upon which shall be found anything dangerous as afore- 25 saidr, to remove the same "or put it in a safe condition; to examine 26 any and all buildings in the city which may be dangerous by 27 reason of uses employed therein, or because of their construction, 20 1 mode of occupancy or location as to other contiguous property, 2 and report thereon to the common council; and upon resolution. , 3 of said common council to order suitable fire-escapes to be placed ?, 4 and maintained upon said buildings; and in case the owner or 5 occupant shall refuse~br neglect to do so or to comply with any 6 of the orders, rules and regulations adopted by the commissioner 1 of buildings in order to prevent occurrence of fire, the common 8 council, upon report made to it by the commissioner of build-' 9 ings of the violation of any of his orders or provisions, or neglect 10 to comply with his directions^ shall have power to cause the 11 same to be done at the expense of the owner or occupant and 12 to collect the cost and expenses thereof by suit in the name of 13 the city brought against the person or persons violating the rules 14 and regulations, or refusing to comply therewith, in the city court 15 of. the city, or Jby assessment of the expense thereof upon the 16 property so improved or benefited thereby, and collection of the 17 same by warrant issued to the city chamberlain, to be enforced 18 in the manner provided for the collection of taxes. The common 19 council may adopt ordinances to assist the commissioner of build- 20 ^gs in enforcing rules and regulations adopted by him, and 21 prescribe penalties for the violation thereof. Nothing contained 22 m this act shall be construed as preventing the chief engineer 23 of the fire department of the city of Ithaca acting in the capacity ""*' 24 of commissioner of buildings. The salary of the commissioner • 25 of buildings and terms of payment shall be fixed by the com- 26 mon council. 21 § 21. The police board of the city shall be composed of a 2 police commissioner to be appointed by the mayor. No person 3 shall be appointed to the office of police commissioner, chief of * police, or sergeant, nor any person be appointed a policeman who, 5 at the time of appointment, shall be engaged or interested in a 6 saloon or hotel, or in any wise concerned in the manufacture or 7 sale of spirituous or malt liquors, ale or beer; and in case any 8 person appointed to such office shall during his term engage or 8 become interested in any of the occupations specified, his term of 10 office shall thereupon cease and the office become vacant. The 11 police board shall control and regulate policemen of the city, 12 who shall be appointed by the mayor. The policemen and offi- 13 cers of the force now in office shall continue to be policemen, 14 but each subject to removal by the mayor when found to be in- 15 competent, negligent or guilty of misconduct in and about, or 16 unable to perform, the duties of his office, or guilty of wilfully 17 violating any of the rules and regulations of the police com- 18 missioner or' of any superior officer. The police commissioner 19 shall have power to enforce within said city the laws of this 20 "state relating to the police thereof.. He may prefer charges 21 against any member of the police force and may prescribe and 22 enforce rules, by-laws and regulations for the government of the 23 police force of the city, not inconsistent with the laws of this 24 state, which shall be promulgated through^ the chief of police to 25 the whole force, and the chief shall have immediate direction 2| L. 6 22 1 and control of the policemen under such rules. ( Tne^police com- 2 missioner shall serve without salary. 3 § 22'. The mayor may appoint from the police of the city the 4 chief of police and one sergeant. The chief of police, sergeant 5 and policemen shall receive for thejr services such compensation 6 as shall be fixed by the common council. The chief and police- , 7 men shall severally possess the power and authority of constables 8 at common law and under the statutes of this state other than 9 in civil actions or proceedings. " They shall also perform . such 10 duties as shall be prescribed by this act and by the police board 11 for the preservation of the public peace, the care of the city prop- 12 erty, and the enforcement of the police regulations and munici- 13 pal ordinances of the city. It shall be the duty of the chief of 14 police to keep a record of all arrests and of all services performed 15 by him and by the several policemen, and he shall keep a book 16 to be known as the " property book," in which shall be entered 17 all articles taken from persons arrested or. seized on warrant 18 or otherwise, together with the disposition made thereof. He 19 shall, upon request of the police commissioner, make a report" 20 as to the condition of the department, and whether any member 21 of the force is delinquent in performance of his duties, and he 22 shall be charged with the enforcement of the rules and regula- 23 tions prescribed by the police commissioner for the control and 24 conduct of the several policemen, and of the directions given by 25 the mayor or common council in relation thereto. 23 ■*• § 23. Any constable appointed as provided in this act shall 2 possess the samejx>wers/be subject to the same duties and entitled 3 to the same compensation ,as prescribed by law for constables in 4 towns of this state. V A. 5 § 24. No person shall be appointed to the office of commissioner / 6 of charities who, at the time of such appointment, shall be a 7 member of the common council, or engaged or interested in busi- 8 ness as a grocer, saloon keeper or hotel keeper, or in any wise 9 concerned in the manufacture or sale of spirituous or malt liquors, 10 ale or beer, and should any person appointed to such office dur- 11 ing his term become a member of the common, council, or. en- 12 gaged in any of the occupations above specified, his term of 13 office shall thereupon cease 1 and the office become vacant, and the 14 mayor shall, forthwith appoint another in his place. The com- 15 missioner' of charities is hereby vested with all the powers and 16 duties, and shall be subject to all the obligations and liabilities 17 now or hereafter prescribed and provided by the general stat- 18 utes of the state of New York, relating to overseers of the poor 19 in towns, so far as the same are applicable to and not incon- 20, sistent with this act. It shall be the duty of the commissioner 21 to visit the poor of the city at their several places of abode, ex- 22 amine into their circumstances and ascertain to what extent any 23 of them are or may be in need and entitled to permanent or 24- temporary relief. The commissioner shall require all persons re- 25 questing relief to make application in writing, which shall be 26 preserved by the commissioner. The commissioner shall have 24 1 power to administer oaths in the performance of his duties, and 2 to examine under oath any person applying to him for relief; 3 and " false swearing during such examination shall be deemed 4 wilful perjury. The commissioner shall issue orders for all 5 means, provisions and supplies furnished to any of the poor of 6 the city. The city shall continue to be the owner of all articles 7 or supplies furnished to any poor person or applicant, until the 8 same are consumed, and if any person to whom articles or sup- 9 plies shall be furnished shall sell or exchange the same for money 10 or intoxicating liquors, or in any way dispose of the same other 11 than in the manner directed, such conduct shall be deemed a 12 misdemeanor. If it shall appear to the commissioner that any 13 person applying to him for relief requires only temporary re- 14 lief, or is so disabled that he cannot safely or conveniently be 15 removed to the county almshouse, such commissioner may pay, 16 or contract to be paid or expended, such sum for the temporary 17 or other relief of such poor person as the circumstances shall 18 require, which sum shall be a city charge and shall be paid to 19 such commissioner of charities out of the city poor relief fun 14 vided for by this act, intrusted with the expenditure of city 15 moneys. 1G 4. A statement of the amount paid during the year on account • 17 of outstanding bills of previous years, and a statement of the 18 amount of unpaid bills outstanding at the close of the year. 1,9 § 26. It shall be the duty of the city chamberlain before en- 20 tering upon the discharge of his duties to execute a bond to the 21 city of Ithaca in a penalty to be fixed by the common council, 23 with a surety company as surety, to be approved by said council, 23 conditioned for his honestly and faithfully discharging the duties 24 of his office', and accounting for and paying over all moneys which 25 shall come into his hands as such chamberlain. Such bond shall 26 L - 8 30 1 be filed, after- acceptance and approval, with the city clerk. No 2 warrant for the collection or reception of any tax shall be de- 3 livered to the city chamberlain until such bond shall have been 4 executed, approved and filed. All moneys due or belonging to r 5 the city shall be paid to the city chamberlain, who shall deposit 6 the same in the bank, banks or trust company designated by the 7 common council, and shall pay out said moneys only in accord- 8 ance with the provisions of this act. He shall not receive for his 9 benefit or use any other compensation in fees, allowance or per- 10 centage' of any name or kind whatever, except the salary provided 11 to be paid to him by the common council. All interest and per- 12 eentages received on the collection of taxes or assessments for 13 improvements, together with all interests received from whatever 14 source shall be added to the city funds for the use of the city, 15 and credited to the particular fund to which it belongs. The 16 office shall be kept in such place and open at such hours as shall 17 be provided by resolution of the common council. It shall be his 18 duty to collect all taxes and assessments in the city as treasurer 19 thereof; to receive and keep all moneys belonging thereto, and 20 to pay therefrom only in accordance with warrants drawn thereon 21 by the city clerk under the direction of the common council or 22 board of public works. He shall be subject to the liabilities and 23 obligations prescribed by law for town collectors and county treas- 24 urer, so far as consistent with, and subject to, the provisions of 25 this act. It shall be his duty to receive all state, county and city 26 taxes including school taxes, and assessments taxed or assessed 31 1 upon real or personal property in the city of Ithaca upon all 2 assessments and warrants which shall, from time to time, be de- 3 livered to him according to law. All moneys received or paid 4 out for the city shall be received and paid out by the city cham- 5 berlain. As collector of each tax"he shall be charged with the 6 full amount of the tax levy, and empowered to collect the same 7 by suit before the city judge, by sale of property, real or personal, 8 and by all methods provided in this act for the enforcement of 9 the collection of taxes, and possess also all the rights and powers 10 vested in collectors in towns. As collector of assessments for im- 11 provements and benefits he shall execute all warrants issued by the 12 board of public works, with the same powers as provided for the 13 collection of taxes. It shall be the duty of the city chamberlain 14 on the thirty-first day of December, in each year, to submit to 15 the mayor a written report in which shall be correctly set forth a 16 general summary of his cash account for the fiscal year ending 17 on that day, and. such additional information as may be required 18 by the mayor. 19 § 27. The board of health, in addition to the general powers '20 conferred upon it by the general laWS of the state, is authorized 21 and empowered to adopt and amend a sanitary code in and for 22 the city of Ithaca. Said code may be adopted by said board by 23 a majority vote at any regular meeting thereof. Such code when 24 adopted shall be published once a week for three successive weeks 25 in at least one daily newspaper published in said city; and the 26 publication of such code in the manner aforesaid, and of any ad- 32 1 ditional provisions, modifications or amendments thereafter 2 adopted by such board for three successive weeks in at least one 3 daily newspaper in said city, shall be sufficient, and shall render 4 any further publication of the same unnecessary. Such board of 5 health may at any regular meeting after the adoption of said 6 sanitary code amend, .modify or make additional provisions - 7 thereto by a majority vote of such board of health. Such sani- 8 tary code, when adopted and published as aforesaid, and any and i) all additional provisions, amendments and modifications when so 10 published shall have full force and effect within the limits of 11 said city. Said sanitary code and any and all amendments, modi- 12 fications and additional provisions shall contain a provision stat- 13 ing the time when the same shall go into effect, which shall be 14 at least three weeks from the day of the first publication. The 15 violation by any person or corporation of any of the provisions 16 of such sanitary code is hereby declared to be a misdemeanor and 17 shall be punishable by a fine not exceeding fifty dollars, or by im- 18 prisonment in the county jail not exceeding thirty days, or by 19 both such fine and imprisonment. This act shall not affect any 20 subject not '-embraced wfthin such code, and the punishment of 21 any offenses or violations upon any subject not embraced in said 22 sanitary code shall be punishable as otherwise provided by law. 23 § 28. The powers and duties of officers appointed as required 24 or provided by the general laws of the state, shall be respectively 25 as provided in said laws, except as otherwise provided in this •y 26 •y act. 33 1 TITLE III. The Common Council. 3 Section 2.9. How constituted. .' 4 30. Time and place of meeting. 5 31. Meetings; quorum; mayor to preside; minutes. € 32. Eegular meetings, when held; special meetings, how 7 ~ called. 8 33'. Judge of election and qualification; may prescribe 9 duties of appointees. 10 34. Designation of bank depositories; bond required. 11 35. General legislative powers. 12 , 36. Special, enumerated powers. V 13 37. Power to pass ordinances, et cetera; penalties; pub- 14 lication; when to take effect. 15 § 29. The mayor and aldermen of the city shall constitute the 16 common council thereof. 17 § 30. The common council shall meet on the first day of Janu- 18 ary after the election at the regular place of meeting of the com- 19 mon council for the previous year, and thereafter it shall meet 20 at the place and times hereinafter provided. 21 § 31. At all meetings of the common council the mayor when 22 present shall preside, but in his absence one of the aldermen 23 shall be called to the chair. In the proceedings of the common 24 council each member present shall have a vote, except the mayor, 25 who shall have only a casting vote when the votes of the other 26 L - 9 -34 - * 1 members are tied, and except as hereinafter provided. Tire sit- 2 tings of the common pouncil shall be public except when- the 3 public interests shall require secrecy. The minutes of the pro-. 4 ceedings shall be kept by the city clerk, and the same shall be 5 open at all times to public inspection. A majority of the mem- 6 bers of the common council shall be a quorum for the transaction?; 7 of business, but no tax or assessment shall be ordered except by 8 a concurring vote of a majority of all members of the common 9 council in office, including the mayor, who shall be entitled?' to 10 vote thereon as a member of the council, and no tax levied^ as- 11 sessment bill ordered, resolution or ordinance shall take effect 12 until the same shall receive the approval of the mayos, as here-: 13 inafter provided. 14 § 32. The common council shall hold regular meetings at least- 15 twice each month, one of which shall be on the first Wednesday 16 of each month, and the mayor, or, in his absence, any three alder-, 17 men, may call special meetings by twenty-four hours' notice in 18 writing served personally upon the other members of the com- 19 mon council, or by leaving it at their respective -usual places 20 of business during business hours, or their respective places of 21 abode at other times. 22 § 33. The common council shall determine the rules applicable 23 to its own proceedings and be judge of the election and qualifi- 24 cation of its own members, and have power to compel the attend- 25 ance of absent members from time to time, and to prescribe the 26 duties of all the officers and persons appointed by them to any 35 1 place whatever, subject to the provisions of this act and the gen- 2 eral statutes ®f this state. 3 § 34. Upon the completion of the assessment-roll in each year » 4 the common council shall designate one or more good banks in said 5 city as the depository of all moneys received by the city chamber- 6 lain, and may agree with ' such bank or banks upon a rate of 7 interest per annum to be paid on moneys so deposited. Each 8 bank so designated shall, for the benefit and security of the city, 9 and before receiving any such deposits, execute to the city a \q ' good and sufficient bond, with two or more sureties, to be approved 11 by the common council.. Such bond shall be conditioned for the 12 safe-keeping and payment, on the order or warrant of said city 13 chamberlain or upon other lawfiil authority, of all such deposits 14 and the agreed interest thereon, and it sball be the duty of the 15 city clerk to file and record such bond in the office of the county f" 16 clerk of such county. It shall be, the duty of the city chamber- \ 17 lain to deposit all funds belonging to the city that may come into 18 his hands in a bank so designated, and his failure so to do will 19 be a misdemeanor. The designation of any such bank and the 20 depositing of moneys therewith by such city chamberlain shall * 2i not release him or his sureties from any liability, except for loss 22 through failure or fault of such designated bank. 23 § 35. The legislative power of the city is vested in the com- 24 men council, and it has power to pass and enforce any ordinance ok or resolution, not repugnant to the constitution and laws of thi3 a a state, for any local purpose pertaining to the government of the 36 1 city and the management of its business, the protection of the 2 business and property interests of its citizens, the preservation 3 of order, peace and health, and the safety and welfare of the 4 * city and the inhabitants thereof ; and shall have such powers of 5 legislation, by ordinance or resolution, as are conferred upon 6 it by this act, or any other provision of law affecting the city 7 not inconsistent with this act, except such as are specially con- 8 ferred by this act upon any separate department or board of the 9 city 1 government. It shall have the management and control of 10 the finances, and of all the property, real and personal, belonging ' 11 to the city, except as otherwise provided by this act or by any 12 other provision - of law not inconsistent therewith. The powers 13 conferred by this section are not limited by the enumerated pow- 14 ers in the following section. 15 .§ 36. In addition to the powers conferred by the last section. 16 the common council has power, and in the exercise thereof may 17 make, establish, publish and modify, amend and repeal ordi- 18 nances, rules, regulations and by-laws: 19 1. To prevent vice and immorality, to preserve peace and good 20 order, and to prevent and quell riots or disorderly assemblages. : - 21 d 2- To restrain and suppress disorderly and gaming-houses, all 22 instruments and devices used in gaming, to prevent all gaming 23 and fraudulent devices in the city, and to regulate billiard-rooms- 24 and bowling alleys and shooting galleries. 25 3. To prohibit, restrain and regulate all exhibitions of any 26 natural or artificial curiosities, caravans, circuses, theatrical $nd 37 1 other shows or exhibitions or performances for money within the 2 bounds of the city ; or, if the common council shall deem it ad- 3 visable, to license any of them upon such terms as the common 4 council may direct. 5 , 4. To suppress, repress and restrain disorderly houses, houses 6 of ill-fame, billiard tables, bowling alleys, pistol galleries and 7 houses and places where intoxicating liquors are sold to be drank 8 on the premises and to restrain and punish" the keepers thereof. 9 5. To restrain and punish vagrants, mendicants, street beg- 10 gars and persons soliciting alms, common prostitutes, lewd and 11 disorderly persons, and to prevent and punish drunkenness and' 12 disorderly and immoral conduct in public places or streets. 13 6. To prohibit the obstruction of the streets of the city by 14 the gathering or assembling of persons therein, and to authorize 15 .the police officers of the city to disperse all such gatherings or » 16 assemblages of persons, and upon the refusal of persons so con- 17 gregated or assembled to disperse, when commanded so to do by 18 a duly appointed police officer under regulations prescribed by 19 the common council, such police officer may make summary ar- 20 rest of any person or persons so refusing, and take him or them 21 forthwith before the recorder of the city, to be by him tried as 22 disorderly persons and punished as such; and all such persons 23 are hereby declared to be disorderly persons. 24 7. To direct the location of all slaughter-houses, markets and 25 houses for storing gunpowder or any other combustible or ex- 26 I" 10 38 j plosive substance, and to regulate the keeping and conveying o thereof and of other dangerous materials, and the use of lights „ in barns, stables and other places. ,. 8. To prohibit and regulate the exhibition of fireworks, the & storing and sale thereof and of gunpowder or any explosive sub- „ stance, and the discharge of firearms within the city. n 9. To preventfor regulate horse] racing and immoderate driv- ky ',•-- * .>-^ - mam< ** , g ing in the streets 1 of the city, arid to authorize the stopping of « any one who shall be guilty of immoderate riding or driving in - Q said streets, and to prevent the flying of kites, riding a bicycle -.. on sidewalks, rolling hoops, playing at ball, coasting, or any -o o'ther amusement practiced, having a tendency to injure or annoy -„ or endanger persons passing on the streets or sidewalks of to - . frighten teams or horses in the city. -J* 10. To prevent" any encroachment, incumbrance in, or obstruc- - a tion upon or over any street, sidewalk, highway or public ground -* in the city, and, in case of neglect or refusal of any person who - o shall have caused any such encroachment, incumbrance or obstruc- -o tion, or of the owner or occupant of any premises upon which shall 2q be any building, fence or other structure or thing encroaching 2j upon, incumbering or obstructing any street, sidewalk, highway 22 or public ground in the city, to remove the same after being no- 23 tified to do so, to cause such removal at the cost and expense of 24 " such person or of such owner or occupant, and' to collect sikch og cost and expense as hereinafter provided. , v 26 L> 39 1 11. To prohibit or regulate and determine the times and places 2 of bathing and swimming in any waters within the city. 3 12. To establish and regulate public pounds and to appoint 4 all necessary poundmasters and to prescribe their duties. 5 13. To restrain the running at large of cattle, horses, swine, g sheep, goats, fowls "and geese and other animals, and to authorize 7 the distraining, impounding, and sale of the same for the penalty 8 incurred, and the casts of keeping and proceedings. ~9 14. To make regulations for taxing and confining dogs and* 10 fqr destroying such as may be found running at large contrary H to any ordinanco, and to prohibit and regulate their running at 12 lar g e - 13 15. To prevent or regulate the r ringing or tolling of- bells, blow- \. 14 ing of horns, or crying of goods or wares, firing of guns, powder a- 15 or other explosive compounds, and the making of any improper 10 noise which may tend to disturb the peace of the city; and the 17 sa\e and use of firecrackers, rockets, squibs or other explosive 18 articles or compounds. ■ ; 19 16. To prohibit, restrain and regulate all gift enterprises or 2Q sales of goods founded upon or connected with any gift, lottery 2i or chance, within the corporate limits of the city, and to re- 22 strain and regulate the sale of goods and merchandise at public 23 auction within the same limits, and to authorize the licensing 04 of the latter upon such terms as the common council shall deem 25 P r °P er - 40 1 17. To prohibit and regulate all hawking and peddling, auc- 2 tioneering or sale of property in or upon the streets/ alleys, lanes, 3 sidewalks and public parks and places of the city; and to regulate 4 pawnshops and pawnbrokers. k 18. To appoint one or more examiners of weights and measures. v, 19. To procure fire engines and other apparatus for the extin- fj guishment of fires, and have the charge and control of the same ; 8 and to provide fit and secure engine-houses and other places»for; 2 keeping and preserving the same. 10 20. To organize and establish a fire department, and to make, -... such fire laws, rules, regulations and ordinances of said ddpart- 13 ment and the rights and duties thereof, and of citizens during 1 o fires in the city, as the common council may deem best, and to -,. enforce the same by suitable fines and penalties. -.K 21. To protect property, both real and personal, of individuals « „ at times of fires, and to appoint guards for the protection of the j* same, and to prescribe their various duties and compensation.- ^g 22. To prescribe limits in the city within which wooden or ■^g wooden parts of, or additions to, buildings shall not be erected or 2q placed without the permission of the common council ; to order the 21 removal of such buildings or additions if erected without such 22 permission, and to direct that any or all buildings or parts of or 23 additions to buildings thereafter to be erected or placed withinS 24 said- limits, shall be made br constructed of some incombustible 2g material, with such partition walls and fireproof roofs as it may 26 J ud S e necessary, under such penalties as may be prescribed by it, " .41 23. To di*eet~and, regulate the planting of shrubs, shade and 2 ornamentaHrees along the streets and sidewalks in said city, and/ 3 to prevent the injury or defacement of any shrubs, trees, fences, 4 walls, posters or buildings in the streets, parks and public places 5 of the city. 6 24. To license and regulate cabmen, the drivers of hackney i carriages, stages, omnibuses or other conveyances for the trans- 8 portation of passengers within the city; to fix their rates- of. m- 9 peBsatfon, and to require them to have licenses and numbers. 10 25. To regulate runners, stage drivers and others in soliciting H passengers and others to travel or ride in any carriage, stage, 12 omnibus, or upon any railroad, or to go to any hotel or otherwise. 13 26. To license and regulate baggage and other expressmen 14 doing a baggage or parcel delivery business within the city ; and 15 to require them to have licenses and numbers for their vehicles. 16 27. To regulate 'and- control the laying, maintenance, altera- A 17 tion and_repair of subways, conduits, mains and pipes in and 18 under the public streets, highways and places. 19 28. To regulate and control- the erection, construction and 20 maintenance of poles, cables and wires in, upon, over and. under 21 the public streets, highways and places ; and to require cables and 22 -wires to be placed under ground. 23 29. To require any corporation, company or person after lay- A 24 j n g or repairing any pipes in any street or highway in the city, 25 to put such street or highway in good condition or repair, and 26 L. 11 42 1 to remove all incumbrances or obstructions which such corpora- 2 tion, company or person may have placed or caused to be placed 3 in any sUeh street or highway, without unnecessary delay, and to 4 require such corporation, company or person to keep proper signal 5 lights burning at night at all hsles or- ditches or other places, 6 which may have been rendered dangerous to persona traveling 7 such streets or highways; and in case such corporation, company 8 or person shall neglect or refuse to do any of the acts so required 9 of them, the said common council shall have power to cause the 10 same to be done at the cost and expense of such corporation, com- 11 pany or person, and to collect such costand expense by suit in law,' ' 12 or as hereinafter provided. ■» — 13 30. To compel the owner or occupant of any wall or building 14 in the city which may be in a ruinous or unsafe condition, to 15 render the same safe, or to take down and remove the same, and 16 to prohibit such erections; and in case of the neglect or„refusal 17 of such owner or occupant to render such wall or building safe 18 or to take down and remove the same after being notified so to 19 do, the common council shall have power to cause the same to 20 be taken down or removed at the expense of such owner or occu- i 21 pant and to collect such cost and expense -by suit as 'in this act 22 provided. 23 31. To regulate the speed of locomotives, tenders and railroad 24 and other cars propelled by steam, electricity or other power, and 25 to prevent the unnecessary obstruction 'of the streets by the same; 26 to require flagmen to be stationed or gates to be erected at street 43 1 crossings by railroads in the city, and to make needful regulations 2 in regard thereto for publio safety. 3 32. To cause buildings, signs and other structures encroaching 4 on or extending o§er the streets or watercourses to be removed at 5 the expense of the owners or occupants thereof, and to make 6 such expense of removal a lien on the lot, and to issue warrants 7 against any such owner or occupant to collect the necessary ex- 8 penses of such removal, as assessments and taxes are collected. 9 33. To arrange with the Ithaca City Hospital for the care 10 therein of such poor and indigent of the city needing hospital 11 care as may be agreed on, and in consideration thereof to pay 12 to said Ithaca City Hospital annually such sum as the common 13 council may determine, not exceeding one thousand dollars. 14 ,34. To provide for the care, custody and preservation of the 15 public property, books, records and papers belonging to the eity; 16^ to prevent and punish any injury to or trespass upon the same; 17 to make any and all necessary repairs and improvements to the 18 same, and to cause any part thereof to be insured when deemed \ 19 necessary. 20 35. To audit such accounts and claims against the city as are 21 made out in items and verified, and to order the payment of 22 such as shall be allowed, and to make such rules and regulations 23 in regard to the same as it may deem necessary and proper. 24 36. To correct the assessment-roll in respect to taxes imposed 25 by virtue of this act in the same manner and to the same extent 26 as a board of supervisors may by law correct the town-rolls of 44 ' 1 their county; with all, the powers in relation to such assessment- 2 roll that boards of supervisors have by statute in case of town 3 assessment-rolls and town and county taxes: 4 37. To require suitable fire-escapes t««fe placed, and main- 5 tained in or upon such buildings in the city as may be, in case 6 of fire, dangerous for the occupants by reason of their construc- 7 tion, occupancy, height or location. 8 38. To prescribe the hours at night when children shall not be i 9 in the streets or parks unattended by an adult, or without ne- 10 cessity. -> ; ^. , • . * ' , W;-^ vOf'-V" ■ «- 1 • - - I'- ll 39. To grant franchises to corporations to use any streets, high- 12 ways, or public places for any public utility upon such terms and 13 conditions as the common council may deem proper, but subject 14 to the limitations and requirements provided by. the laws of the* 15 state; but no such franchise shall be granted or be operative for 1C a period longer than fifty years, nor shall the period of such 17 franchise be extended or renewed except within »the last ten years 18 thereof, and no such extension or renewal shall be for a longer 19 period than fifty years. 20 40. To make the costs and expenses incurred by the city in 21 pursuance of the powers granted in this section, a lien upon the 22 premises or lots therein mentioned or implied, and to issue war- 23 rants against the owners or the occupants thereof respectively 24 and to collect such costs and expenses by action or as assessments 25 and taxes are collected. 45 41. To make such general ordinances, by-laws and regulations 2 not repugnant to the -general laws of this state as it shall deem .3 expedient for the good government of the city. 4 § 37. For the purposes aforesaid, or any of them, or of execut- 5. ing any powers conferred upon the common council, or upon the 6 city, by this act or otherwise, the said .common council shall have ' full power to make, establish, publish, modify, amend, or repeal i 8 ordinances, rules, regulations and by-laws, and to prescribe, fix 9 and enforce such penalties and fines as it may deem proper for the 10 "violation of them respectively, not exceeding fifty dollars for any 11 one offense, except as herein otherwise provided, and to collect 12 ' the same of any persons guilty of such violation in any court hav- 13 ing jurisdiction of such cases. Every such rule, ordinance and 14 regulation or by-law shall be published oncelin each week for two 15 weeks successively in one or more newspapers published in said 16 city before it shall take effect, and every such ordinance, rule, 17 regulation or by-law, together with a certificate by the clerk of 13 the city of the time and manner of the publication thereof, shall 19 be entered or recorded in a book to be provided and kept for that 20 purpose, and the same record, or a copy thereof, certified by the 21 clerk of said city, shall be presumptive evidence in all courts and 22 places, and in all actions and proceedings of the due passage of 23 such ordinance, rule, regulation or by-law and of its having been 2-1 duly published. 25 L. 12 46 1 TITLE IV. 2 Taxation and Assessment. 3 Section 38. Limit of taxation. 4 39. Reports of estimates of officers and boards. 5 40. Council to determine amount to be raised; city clerk 6 to prepare the tax-roll; delivery to city chamber- 7 lain; lien of taxes. 8 N > 41. Percentage additions. 9 42. Publication and posting of notices. 10 43. Collection of unpaid taxes by action. 11 44. Exemptions. 12 45. City chamberlain has powers of town collectors; and 13 of county treasurer as to sales for taxes. 14 46. Statement and return by city chamberlain^ 15 47. Common council may borrow in anticipation of 16 taxes. 17 48. Unpaid taxes added to next tax levy. 18 49. Apportionment of tax between several owners. 19 50. Omitted land may be added and taxed succeeding 20 year. 21 51.. Special election to authorize raising of additional 22 fund; how called and held; who qualified to vote; 23 if voted, common council may borrow in anticipa- 24 tion of the special tax. 25 52.. Local assessments, et cetera, how collected ; percentage 26 additions. 47 1 Section ,52-a. Lien of taxes and assessments ; preferences, 2 52-b. County tax; collection. 3 § 38. »As soon as practicable after the assessment-roll has 4 been completed, corrected and certified by the assessors, the com- 5 mon council shall cause to be assessed and raised by taxation upon q all the real and personal property in the city, taxable for city Y purposes, an amount not exceeding, except as hereinafter pro- / g vided, one and one-fourth*per centum of the -total assessed valua- . o tion of such property as the same shall appear from the assessment- A >*- p 2Q roll of the city for the^ preceding fiscal year and shall designate 22 the respective portions of the amount so" to be assessed and raised ^g applicable to the following purposes: 23 1. For the uses of the board of public worts. 24 2. For the uses of the commissioner of charities, 25 3. For the uses of the board of health. 2(j > 4. For the uses of the fire department. 27 5. For all expenditures under the direct supervision of the 2g common council. 2 a In addition to the total amount herein above authorized there oq shall be included such amount as shall be necessary to meet the 22 principal and interest on the bonded a«La>fcJa«r indebtedness of 9 2 the city falling due on or before the first day of July in the next 23 fiscal year, to provide the sinking fund required by law, and to 24 meet all indebtedness remaining unpaid on all judgments against M-. Jit- -o-UJ • the city; and such further sums as shall have been voted at a regu- lar city ejection, or at a special city election called for the purpose, 48 1 and also such other sums as the city through the common council 2 or any of its boards is authorized to expend for the purposes 3 specified in this act. 4 § 39. Between the first and fifteenth days of March in each 5 year the board of public works, the board of fire commissioners, 6 i,he police commissioner, the board of health, city judge, re- 7 eorder and commissioner of charities shall each estimate in detail 8 the expenses and income of their respective departments for the 9 current fiscal year and shall certify such estimates to the common 10 council. The city clerk shall also make a detailed statement by 11 items of all the estimated expenses for the current fiscal year; 12 likewise a statement in detail of all the judgments against the 13 city then unpaid, and an itemized statement of the principal and 14 interest of all bonded and other indebtedness of the city that will 15 fall due during the next ensuing year, together with the amount 16 required for any sinking' fund. The city chamberlain shall also- kX 17 present to the common council a statement (1) of balances of 18 funds then on hand in the several departments, (2) of all un- 19 paid taxes and local assessments theretofore assessed and re- 20 maining unpaid, with his estimate of the probable amount the 21 city will receive therefrom during the ensuing year, (3) of all 22 expenditures made or incurred by the city and chargeable to the 23 property-owners or other' persons, and remaining unpaid, with 24 his estimate of the probable amount the city will receive there- 25 from during the ensuing year. 49 j § 40. The common council, shall, not later than its first regu- 2 lar meeting m May, consider such estimates and determine the 3 entire amount necessary to be raised by- taxation, and shall im- ^ mediately levy the aggregate amount taxed, ascertained and de- g -termined, together .with any sjpecial tax which shall have beeA „ , voted to be raised with the annual tax levy. The tax so directed „ to be raised shall be levied and raised by general tax upon all „ property, real and personal/ taxable for city purposes,, in the _ city, according to the valuation upon the assessment roll for the I current year, as completed and corrected. The city clerk, under II the direction of the common council, shall extend and apportion the city tax on the assessment roll so completed and corrected in each year, and shall make one_copy of the same with the tax so • extended and apportioned, and shall certify such eopy to be a cor- rect duplicate-?eity -3J&U of city taxes. Such roll shall then) and on or-befca?e-4h&«ibst.day .rriLJune, or—as soon thereafter as "prac- ticable, be delivered to the city chamberlain, with a warrant an- nexed under the hand of the mayor and city clerk and the seal 18 *■ of the city, commanding him to receive, levy and collect the sev- 19 eral sums in the roll specified as assessed against the person or 20 property therein mentioned or described, and to return said war- rant and roll within six months after the date of the warrant, 22 unless such time be extended by resolution of the common coun- 23 cil From the time of the receipt of the tax roll 'and warrant 24 bv the city chamberlain, all taxes assessed and levied upon any 25 L. ' 13 26 50 - . ^ real property shall be a lien thereon for the amount of such tax, 2 with percentage and interest, until the same shall be fully paid. 3 § 41. Any amount of such tax paid before the first day of iSS, 4 July shall be received by the city chamberlain without percentage 5 additipn. On all taxes unpaid on the first day of July one per 6 centum shall be added and collected; and an additional one per 7 centum on the first day of each month thereafter shall be added g and collected on unpaid taxes until and including the first' day 9 of December. All such percentages shall be collected and added 1-q to the funds of the city. /;q § -if. Immediately upon the delivery of the roll and warrant 12 to the city chamberlain the city clerk shall cause to be published 13 in two or more of the city papers, for not less than one month 14 and at least twice in each week, a notice of the delivery of said" 15 roll and warrant to the city chamberlain, and that prior to the 16 first day of July the taxes therein specified will be collected and -^ received by the city chamberlain without percentage addition, ls but that on all taxes unpaid on the first day of July and there- lf) after the city chamberlain will require and collect the percent- 20 age additions as provided in the last section. Such notice, printed 21 in large type, shall also be conspicuously posted in at least W 22 P u kli c places in each ward of the city. 23 § 43. Any tax unpaid on the first day of December with the 24 percentages herein provided the city chamberlain in the name of 25 the city shall forthwith proceed to recover and collect by action*, 26 - judgment and execution in the city court; and in relation to any 51 1 such judgment the city shall also be entitled to all the reme- 2 dies and proceedings applicable to judgments as provided by the 3 code of civil procedure. It shall be the duty of the city attor- 4 ney to take charge of and prosecute all such actions. In any such 5 action the summons shall be served by one of the police of the ■ v q city. In case judgment is taken by default, not more than two 7 t dollars shall be included for costs, fees and disbursements. Any g transcript of judgment in any such action, filed with the county 9 clerk, shall have indorsed thereon the words "on account of 1q taxes;" and any execution issued v on such judgment by the city H judge or by the county clerk, as the case may be, shall have in- ■ v- 12 dorsed thereon the words " on account of taxes." Final judgment s 13 shall be conclusive as to the validity of the assessment and the 1^ tax and the amount thereof. l 15 § 44. Any. property subject to seizure for taxes by a town lg collector, by virtue of the general tax laws of the state, shall not 17 be exempt from levy and sale by virtue of an execution issued lg upon any such judgment, -.q § 45. In addition to the powers conferred by this act, the city « on chamberlain is also invested with the same powers which town 2i collectors possess for the levying and collection of town or county oo taxes, and in any case where execution is returned unsatisfied oo he may levy and sell property in the same manner as a town col- 24 lector as provided by law, with the same preferences and proce- ok dure in the sale of lands and certificate and deed therefor and redemption as provided by the general tax law as to county taxes j and so far as applicable the city chamberlain shall act in the place 52 1 and stead of the county treasurer, with the same, rights and duties 2 as in said tax law specified. 3 § 46. On or before the thirty-first day of December the city. 4 chamberlain shall make a sworn statement and return to the com- 5 mon council,, in and by which he shall charge himself witfh the 6 amount of the taxes directed to be collected and all percentage, 7 additions, and credit himself with (a) the amount collected, g (b) the amount of taxes expunged or. canceled by the common 9 council, (c) the amount of taxes, by items,- in which legal pro- JO ceedings are pending for collection, and (d) all taxes in respect 1 1 to which the city chamberlain makes oath in writing that no 12 property could be found, after search, out of which collection 13 of any taxes could be made. The city chamberlain and his surety 14. shall be liable for any deficiency appearing by said statement 15 and for failure to make the same. The time in which to make 10 said statement and return may be extended by the common council*-:' 17 § 47. After said statement and return are filed, the common 18 council is hereby given authority to borrow, in anticipation of 19 moneys to be raised in and by the next city tax levy, sums not « 20 exceeding in the aggregate the amount of the uncollected taxes g-L shown by said statement and return. 22 § 48 - Tile common council is also hereby authorized to add to 2 3 the next tax levy, in addition to the amounts otherwise permitted, : ; 24 the amount unpaid of the taxes reported uncollected as aforesaid,- : 25 and any such unpaid, taxes shall be re-assessed, so far as lawful - 26 and practicable against the persons or property legally chargeable 27 therewith. 53 * § 49. If any sum of money in gross has been or shall he taxed * upon any lands or premises, any person or persons owning, any 3 divided or undivided part thereof, may pay such part of the sum 4 of money so taxed, 1 also the percentages and charges due or 5 charged thereon as the assessors, appointed by the common council 6 may deem just and equitable, and so certify to the city chamber- « lain, and the remainder of the sum of money so taxed together S wi£h the percentages and charges, shall be a lien upon the residue 9 or remaining part of said lands or premises in the same manner * 10 as though the residue of said tax had been imposed thereon. 11 § 50. If any real estate liable to taxation shall any year be 12 omitted from the assessment roll of the city, and thus escape 13 taxation, it shall be the duty of the assessors the succeeding year, 14 to assess -the tax on such omitted real estate to which it would 15 have been liable if it had been included in said assessment roll. 16 If any tax on real estate shall for any cause remain unpaid, 17 the amount thereof with interest at twelve per centum per annum 18 may be added to the tax for. the succeeding year, and charged 19 upon the real estate upon which it was originally assessed and 20 levied, and the same proceedings in all respects for the collection 21 thereof, and for the collection of omitted taxes, may be had with 22 like effect as in the case of a tax or assessment on the same real 23 ' estate for the then current year. 24 § 51. Whenever the common council" shall be of the opinion 25 that the interests of said city require expenditures for any 26 L. 14 • 56 1 to be voted for in any one year at special election or -elections, 2 shall not exceed ten thousand dollars. In case of a majority, of 3 votes " for special tax," the common council may thereupon 4 proceed to authorize the expenditure of the amount thereof for « 5 the purposes specified in its published- statement, and may borrow, ■' v- ■ 6 if they deem it necessary, to do so, the amount so voted in antici- -. 7 pation of the collection of said tax for a time not exceeding three 8 years, payable in equal annual installments, if loan shall be' made 9 for more than one year, and the amount so borrowed shall be 10 expended upon and for the purposes for which the special tax is 11 raised, and shall be paid as soon as the same shall become due, . 12 and from the avails of the tax. The money raised by any special" 13 tax shall be paid to, and kept by the city chamberlain,, distinct 14 from any other moneys and entered in a separate account. 15 § 52. All the rights, remedies and procedure, provided by this ■ 16 act for the collection of the city tax shall be available to the city ' 17 and be used so far as applicable in the collection of assessments 18 for local improvements and of expenditures chargeable upon prop- 10 erty as provided in this act or by any ordinances or- resolutions 20 of the common council or any board of the city, authorized by this 21 act. ^ The provisions for percentage additions and collection 22 thereof shall also apply, one month for payment without per- 23 centage being allowed after date of warrant for the collection of ■>." 24 such assessment or expenditure. Advertisement or personal notice 25 or notice by mail may be used In any case .covered by this section - 26 as the common council may direct. 57 1 § 52a. Every tax and assessment imposed under any of the 2 provisions of this act or of any ordinance or resolution authorized 3 by this act shall be a lien upon all real estate against or concern- 4 ing which the same shall be- assessed for ten years from 5 the final assessment or imposition thereof, superior to any mort- g gage, judgment or other lien of any nature, except general city 1 and school taxes affecting the same and shall have priority thereto, g or to any conveyance thereon and notice to the occupant or tenant g shall be held to be deemed notice to the owner or owners of said 10 real estate. H § 52b. The city chamberlain is hereby authorized to receive 12 the warrant issued by the board of supervisors of Tompkins 13 county, and to collect the tax levied by them, and the additional 14 per centum, the same in all respects as a town collector, and the 15 board of supervisors of Tompkins county are directed to issue 1q their warrant to the said city chamberlain for the collection of 17 said tax. 18 TITLE V. ig ' City Court. 20 Section 53. City court of Ithaca created. 2i 54. City judge shall be an attorney. 22 55. Stenographer of city court. 23 56. City court docket. 24 57-8. Jurisdiction of city court. 25 L 15 58 1 Section 59. Summary proceedings. ? 2 60. Jurisdiction over person of defendant. 7 3 61. Judgment how rendered. 4 62.. Failure to interpose counter-claim. 5 63. Counter-claim-. 6 64. Code t>f civil procedure, certain sections to apply. 7 . 65. Discontinuance of action. 8 66. Summons and practice. 9 67. Attorney's authority, how conferred. 10 68. Adjournments. (." H 69. By whom summons may be served. 12 70. Pleadings, verification, how made. 13 71. Rules of practice. 14 _72. Appeals. 15 73. Defaults. ; , i „ i . . . ■ "; 16 74. Competency of judge, juror witnesses. ;.;,.... ■ 17 75. Fees of constables. \ '": 18 76. Costs and fees. ; 19 • 77.' Costs in certain actions. 20 78. Additional allowance in certain actions. 21 79. Fees of city judge, for use of city. 22 80. Common council to provide offices, and for payment 23 of salaries. 24 81. City court to remain open during business hours; 25 vacation of city judge; disability of city judge. 26 82. Salary of city judge. 59 1 Section 83. Acting city judge. 2 84. Jurisdiction in case of absence, ei ceiera. 3 85. Bond required. '' 4 86. Removal. 5 87. ~No justices of the peace to be elected. 6 § 53. The city judge, created by this act, shall hold a court 7 in the city of Ithaca, of civil jurisdiction only, to be denomi- 8 nated "City Court of Ithaca," which is hereby constituted in 9 said city. He shall be elected at the time and in the manner 10 hereinbefore provided. 11 § 54. The- city judge shall be an attorney and counselor of 12 the supreme court of the state of New York of not less than five 13 years' standing. • "",, 14 § 55. The city judge shall ' appoint a stenographer for said 15 court, who may be removed by him whenever he shall deem it ad- 16 visable, and may engage another stenographer from time to time 17 to serve in the absence of the regular stenographer. Such stenog- 18 xapher shall receive a sum not exceeding forty cents per hour 19 for each full hour actually employed in. reporting trials, with 20 pro rata compensation for every part of a day so employed; and 21 the amount of such compensation shall be paid by one of the'. 22 parties and included as a disbursement in the judgment. Such 23 stenographer shall furnish a typewritten copy of the testimony 24 and other proceedings taken by him in any case in which such 25 testimony and proceedings shall have to be returned to the county 60 1 court, which, typewritten copy shall be a part of the return. The" o stenographer shall receive for such copy compensation at the rate o of three cents per folio, which shall be paid by the appellant to the a city judge before the return shall be filed. Before making such 5 copy the estimated expense thereof at said rate may be required 6 to .be deposited with the city judge. The sum paid the stenogra- ~ pher for said copy shall constitute a legal disbursement in the g appellate court and taxable as such, but in such case no other fee g or disbursement for said return shall be paid or allowed. Said ■jq stenographer shall also furnish to any person asking therefor a 22 typewritten copy of any testimony or proceedings, of which he j 2 shall have taken notes, at the rate of three cents per folio for 23 each copy of the same. - 24 , § 56. The city judge shall keep an account of all his proceed- 2£ ings, and in his docket a complete and accurate record of all jg process issued from and returned to said court, and of all pro- 2Y ceedings in every civil action, and of all proceedings brought 2g therein or before him, and shall enter therein the judgment and 19 decision -of said court or -judge. Such docket shall have the same 20 force as evidence in courts of this state as dockets of justices of 21 the peace in towns, and may be proved and certified in the same 22 manner. 23 § 57. Said court shall have jurisdiction of the following ac- 24 tions and proceedings: 25 a. An action to recover damages upon or for breach of a con- 61 I tract, express or implied, other than a promise to marry, where £ the stim claimed does not exceed five hundred dollars. 3 h. An action to recover damages for a personal injury or an 4 injury to property, where the sum claimed does not exceed five 5 hundred dollars. 6 c. An action or proceeding to recover a fine or penalty not 7 exceeding five hundred dollars, or to recover one or more fines 8 or penalties for a violation of an ordinance of the city of Ithaca, 9 or of any of the provisions of the other titles of this act, where 10 the amount claimed does not exceed five hundred dollars. 11 d. An action upon a bond conditioned for the payment of 12 money, where the sum claimed to be due or sought to be re- 13 covered in the action does not exceed five hundred dollars. 14 e. An action upon a surety bond taken in said court or by any 15 justice of the .peace. 16 f. An action upon a judgment rendered in said court, or in 17 a court of a justice of the peace, or in a district court of the city 18 of New York, or in a justice's court of a city, being a court not 19 of record. 20 g. An action to recover one or more chattels, without or with 21 damages for the taking, withholding, or detention thereof, where 22 the TOlue of the chattel or of all the chattels as stated in the affi- 2 3 davit made on the part of the plaintiff does not exceed five hun- 24 dred dollars. . K t. To render and enter judgment upon the confession of a 26 , 'defendant or defendants, as prescribed in title six, chapter nine- T I 6 21 L - 64 1 § 60. The jurisdiction of said court over the persons of dec 2 fendants shall extend to any person who is, at the time of the 3 commencement of the action or proceeding, a resident of the county 4 of Tompkins. Said court is hereby given the power in any ac- 5 tion or proceeding of which it has jurisdiction to send its processes" 6 and other mandates' into any town of the county of Tompkins, 7 for service or execution, and to enforce obedience thereto with 8 like power and authority as the county court, 9 § 61. A judgment of said court shall be in all respects the 10 same as a judgment rendered by a justice of the peace of towns, 11 except as herein provided, and all provisions of the code of civil 12 procedure in relation to filing transcripts of such judgments and 13 docketing the same in the office of the clerk of Tompkins county, 14 or of any other county, and the effect of such judgment when 15 so docketed, shall in all respects be the same as if said judg- 16 uient was recovered before a justice of the peace of a town, and 17 when so docketed shall be a lien and remain in force for the 18 game length of time as a judgment originally recovered in the 19 county court. In any case in which by law -a justice of the 20 peace is -required to render judgment and enter the same in his 21 docket, within four days, the city court of Ithaca, or the judge 22 thereof, is required to render judgment, and it must be entered 28 in the docket of said court, within ten days after the case shall 24 have been submitted for final decision, anything to the contrary ^ herein notwithstanding. 26 § 62.' The prohibition contained in section twentyKnine hundred 2 and forty-seven of the code of civil procedure relating to the 65 1 failure of the defendant in an action in justice's court to inter- 2 pose a counterclaim applies' to an action in the city court, but it 3 does not apply to a case or action in said court where the amount 4 of the counterclaim is more than five hundred dollars. 5 § 63. In the case provided for in section twenty-nine hundred 6 and foirty-nine of the code of civil procedure for justice's court, 7 if the amount of- the counterclaim established exceeds the plain- 8 tiff's demand, the defendant must have judgment for the excess, 9 or so mufjji thereof as is due from the plaintiff, unless it is m5re 10 than the sum of five hundred dollars, and if it be more than 11 five hundred dollars, the city court must pursue the same course 12 in reference to the same as in the said section provided for a 13 case in which itris more than two hundred dollars. 14. f 64. Sections five hundred and five and five hundred and six 15 of the code of .civil procedure shall apply to a counterclaim in 16 "an action against a person sued in a representative capacity, 17 or in favor of an executor or an administrator, except^that the 18 defendant cannot take judgment against the plaintiff upon" a 19 counterclaim for a sum exceeding five hundred dollars and costs, 20 and section twenty-nine hundred and forty-six of the code of 2i civil procedure shall not apply to actions in said city court. 22* § 6,5. Where, v upon the trial of an action, the sum total of 23 the accounts of both parties proved to the satisfaction of the 24 city judge, exceeds one thousand dollars, judgment of discontinu- 25 ance must be rendered against the plaintiff, with costs, and sec- 26 L ' 17 68 . . ■•; 1 an action arising on contract for the recovery of money only,' 2 or on an account, where the complaint is so verified and a copy 3 of the same is served with the summons, and the defendant fails 4 to answer said complaint as hereinbefore provided, at the time 5 of the return of said summons, he shall be deemed to have ad- 6 mitted the allegations of the, complaint as true, and the court 7 shall, upon filing the summons and complaint, with due proof 8 of the service thereof enter judgment for the said plaintiff and 9 against the defendant, for the amount demanded in such com- 10 plaint, "with costs, without further- proof. The city judge may, 11 by general rule or otherwise, require any pleading made orally 12 to be reduced to writing, and e-ffcry pleading in writing shall be 13 subscribed by the party making the same or his attorney, and 14 shall be filed forthwith, or within such time as the city judge may 15 designate. 16 * § 71. The city judge may, from time to time, establish such 17 rules of practice for said city court as hs may deem necessary, not A, ■ ' IS inconsistent with this act or with the code of civil procedure, 19 which rules shall govern the practice in said court. The rules so 20 established shall, before they become operative, be published 2i twice a week for -at least two successive weeks in one of the city 22 papers published in the city of Ithaca. 23 § 72. Appeals may be taken to the county court from judg- 24. ments rendered in said city court the same as from judgments 2 5 rendered by justices of the peace. Appeals may also be taken. to 3 6 the county court from an order of the city judge or court on an * application to open a default made as in the next section provided, 2 and the time within which such appeal may be taken and the prac- •3 tice thereon shall be the same as apply to appeals from a judgment 4 of a justice of the peace, the affidavits read on .such application *> constituting, for the purpose of such appeal, a part of the return ^ of the city judge. 7- § 73. In actions in the city court the city judge shall have ■3 power to open defaults and set aside judgments rendered and 9 entered therein, and executions issued thereon, upon such terms 10 as may be just, in a case where either party, shall fail to appear 11 on the return day of the process, or on any adjourned day, 12 and the party in default satisfactorily excuses his default, but no 13 further terms shall be imposed than the payment of the costs 14 included in the judgment, and the sum of three dollars for op- 15 posing the motion. The application therefor shall be founded 16 upon affidavits, and shall be made within twenty days from the 17 entry of such judgment. Upon presentation of such application, 18 the oily judge shall issue an order returnable in not less than five 19 days nor more than eight days, requiring the party in whose 20 favor judgment was rendered to show cause, if any, why said 21 judgment or execution, as the case may be, should not be set 22 aside. A copy of said order and of the papers upon which the 23 same is granted, shall be served upon the party in whose favor 24 judgment was rendered, or upon his attorney, if one shall have ?5 appeared in the action, not less than three days prior to the return 26 L - 18 &.-<■ TO 1 day thereof. Pending such amplication and the determination 2 thereof, the city judge may stay proceedings upon such judgment 3 or any execution which shall have been issued. When a judgment 4 shall he set aside, the action shall proceed as though no judgment 5 had been rendered. The judgment, or an execution issued thereon 6 by the city judge, and levy made thereunder, may, in the discre- 7 tion of the city judge, be allowed to stand as a security for the 8 satisfaction of any judgment which may finally ,be recovered in 9 favor of the same party. Parties moving in the county court 10 to open default or to obtain a new trial in said city court, in 11 cases, where a motion might have been made in said city court, 12 as in this section provided, shall show that no such application ' 13 was made in said city court. 14 § 74. 'No person shall be incompetent as judge, witness or juror 15 in any action or proceeding in the cily; court in which the city, 16 of Ithaca is an interested party, by reason of being an inhabitant, 17 freeholder or taxpayer in said city. 18 § 75. Constables and other persons who lawfully serve papers 19 or execute mandates in any action or proceeding in said court, 20 not within the judisdiction of justices of the peace of towns, shall 21 receive and be entitled to the same fees as are allowed to sheriffs 22' in like actions and proceedings in courts of record; 23' § 76. In all civil actions and proceedings brought in the city 24 court the same costs and fees shall be paid, taxed and recovered 25 as in- actions or proceedings before justices of the peace. In 26 L. 71 1 addition thereto there shall be allowed to the prevailing party, 2 as an indemnity, in case he has appeared by an attorney admitted 3 to practice in courts of record of this state, and not otherwise, 4 the following sums as costs: ^ 5 a. On judgment for plaintiff upon default, to the plaintiff, three 6 dollars. 7 b. On judgment for plaintiff otherwise than upon a default, to 8 the plaintiff, three dollars, and an additional. sum equal to ten per 9 centum of the recovery, not to exceed twenty-five dollars. 10 c. If the plaintiff recovers judgment in any action in said 11 court for the recovery of one or more chattels the sum allowed 12 as additional costs- therein shall be estimated upon the value of 13 said chattels as assessed by the said court or jury. 14 d. If judgment of nonsuit is rendered for the defendant to the ] 5 defendant, two dollars. 1Q e. If a judgment is rendered for the defendant upon the merits 17 after a trial, 'to the defendant, five dollars. And the court, in 18 its discretion, may allow five dollars additional. 19 f. A defendant who-recovers in said court a judgment upon a 20 counterclaim therein, or obtains a judgment for the possession 2i or recovery of chattels sued for therein, is entitled, in addition to 2^ costs heretofore allowed said defendant, to recover a sum .equal to X 23 ten per centum upon said recovery, or upon the value of said ). 24 chattels, not to exceed twenty dollars. g. No costs or fees shall be allowed or recovered in an action brought upon a judgment of this court, unless such action be • ) Y2 - brought more than five years after the recovery of the judgment a sued on. „ § 77. In an action in which the complaint demands $he re- - covery of property of the value of fifty dollars or more, or in an - action in which the complaint or answer demands judgment for „ fifty dollars or more, exclusive of costs and disbursements,. when * an issue of law is raised by demurrer, the party in whose favor „ such issue may be decided shall be entitled, to a sum, in the dis- n cretion of the city judge, not exceeding ten dollars, which shall, - in case final judgment is awarded againsl him, be deducted there- -j-, from. -o § 78. In an action in which a trial is had and judgment ren- ^ „ dered for two hundred and fifty dollars or more, the city, judge 1 . may, in his discretion, grant to the successful 'party an additional -- allowance of costs, not exceeding ten dollars. All costs and dis- - g bursements allowed to be taxed in any action or proceeding be- h h fore justices of the peace in towns up to but not exceeding fifteen jg dollars, shall be included in the judgment as disbursements in -g addition to the costs hereinbefore provided, but in actions within 20 the jurisdiction of justices of the peace of towns such disburse- 2^ ments included in the judgment shall not exceed the limits pre- 22 scribed by section thirty hundred and seventy-six of the code of no civil procedure for justice's courts. 24 § 79. In each action and proceeding in the city court, the city 25 judge shall demand and receive for the use of the city for each 26 service rendered by him the same fees as. justices of the peace 73 of towns are or may be entitled to receive for a like service; and no such service shall be rendered by him until such fee shall have been paid therefor. In the case provided for in section thirty 4 hundred and eighty-one of the code of civil procedure recovery 5 shall- be had from the city of Ithaca instead of the city judge. " All such fees collected by the said judge during any month shall 7 be paid to the city chamberlain on or before the sixth day of the 8 next succeeding month, and the city judge shall file with the ' » city clerk, at or before the time of the first regular meeting of 10 the common council in each month next after the sixth day 11 thereof, a complete and detailed statement, verified by his oath to 12 be true, of all moneys payable to the city chamberlain by virtue 13 of the provisions of this title, which were received by him during 1& the next preceding month, with the receipt of the said chamber- 15* • lain for said moneys attached to said statement. 16 § 80. The common council shall provide suitable offices for 17 holding said city court, and shall furnish heat, light and suitable 18 furniture for the same, and provide necessary blank books, blanks 19 and stationery therefor, and provide for the payment Of the 20 salary of the city judge and compensation of the stenographer of 21 the city court, and for all other necessary expenses of said court, 22 all of which shall be a city charge. And in default of such pro- 23 visions or any of them being made by the common council, any 24 justice of the supreme court residing in the sixth judicial district 25 of the state is authorized, on application of the city judge show- 26 L- 19 72 - brought more than five years after the recovery of the judgment a sued on. „ § 77. In an action in which the complaint demands £he re- . covery of property of the value of fifty dollars or more, or in an - action in which the complaint or answer demands judgment for - fifty dollars or more, exclusive of costs and disbursements,. when tj an issue of law is raised by demurrer, the £arty in whose favor s such issue may be decided shall be entitled to a sum, in the dis- n cretion of the city judge, not exceeding ten dollars, which shall, j in case final judgment is awarded againsl him, be deducted there-, ■<« from. -o § 78. In an action in which a trial is had and judgment ren- -„ dered for two hundred and fifty dollars or more, the city, judge 1 . may, in his discretion, grant to the successful jparty an additional 1K allowance of costs, not exceeding ten dollars. All costs and dis- ^ g bursements allowed to be taxed in any action or proceeding be- ■j h fore justices of the peace in towns up to but not exceeding fifteen ■j^g dollars, shall be included in the judgment as disbursements in 29 addition to the costs hereinbefore provided, but in actions within 20 the jurisdiction of justices of the peace of towns such disburse- 21 ments included in the judgment shall not exceed the limits pre- 22 scribed by section thirty hundred and seventy-six of the code of i 23 civil procedure for justice's courts. 24. § 79. In each action and proceeding in the city court, the city 25 judge shall demand and receive for the use of the city for each 26 service rendered by him the same fees as, justices of the peace 73 : of towns- are or may be entitled to receive for a like service; and " no such service shall be rendered by him until such fee shall have been paid therefor. In the case provided for in section thirty hundred and eighty-one of the code of civil procedure recovery 5 shall- be had from the city of Ithaca instead of the city judge. 6 All such fees collected by the said judge during any month shall ' be paid to the city chamberlain on or before the sixth day of the 8 next succeeding .month, and the city judge shall file with the 9 city clerk, at or before the time of the first regular meeting of 10 the common council in each month next after the sixth day 11 thereof, a complete and detailed statement, verified by his oath to 12 be true, of all moneys payable to the city chamberlain by virtue 13 of the provisions of this title, which were received by him during 1& the next preceding month, with the receipt of the said chamber- 15 " lain for said moneys attached to said statement. 16 § 80. The common council shall provide suitable offices for 17 holding said city court,., and shall furnish heat, light and suitable 18 furniture for the same, and provide necessary blank books, blanks 19 and stationery therefor, and provide for the payment of the 20 salary of the city judge and compensation of the stenographer of 21 the city court, and for all other necessary expenses of said court, 22 all of which shall be a city charge. And in default of such pro- 23 visions or any of them being made by the common council, any 24 justice of the supreme court residing in the sixth judicial district 25 of the state is authorized, on application of the city judge show- 26 L- 19 76 1 § 87'. No person snail hereafter be elected' to the office of jus- 2 tice of the peace in the city of Ithaca. 3 TITLE tl. -v 4 " RecokixebV Court. 5 Section 88. Present recorder continued. 6 89. Oath; bond. 7 90. Office; office hours. 8 91. Jurisdiction. 9 92. Jurisdiction as court of special sessions. 10 93. Jurisdiction of misdemeanors; committed partly 11 in city; committed on vessels; committed on 12 railway cars. i 13 94. ]STo jurisdiction, of misdemeanors outside of city. 14 95. In jurisdiction of offenses beyond ordinary court 15 of special sessions, sentences as in court of r 16 sessions. 17 96. All powers subject to provisions relating to courts- 18 of special sessions. .19 97. May let to bail; administer oaths. 20 98. Acting recorder; when to act; bond. 21 99. Hearing and jurisdiction by acting recorder. 22 100. Processes and mandates; by whom served; fees. 23 101. Pees, fines and penalties to be collected and paid to 24 city chamberlain. 25 102. Account to be kept ; bills against county. 26 103. Deduction from salary for absences, et cetera. 11 1 Section 104. Process, et cetera, how signed. 2 105. Appeals. 3 106, Removal. 4 § 88. The present recorder of the city of Ithaca shall continue 5 to be the recorder for the remainder of the period for which he 6 was elected unless sooner removed, and who shall hold said office 7 until his successor has qualified. g § 89. The recorder, before entering upon the duties of his 9 gffice, shall take the oath of office prescribed by law for judicial 10 officers, and shall file with the clerk of said city, his bond, in such 11 penalty, and with such sureties as the common council shall de- 12 cide and approve of, for the faithful discharge of his duties as 13 recorder, and for the payment to the city chamberlain of all funds 14 which shall come into his hands as such recorder, according to the 15 provisions of this act. .'Vr 16 § 90. The common council of said city shall provide a suitable 17 office for said recorder. It shall be his duty to attend at such 18 office at all reasonable hours, and to hear all matters, issue all 19 processes and institute such proceedings as the proper administra- 20 tion of justice requires. 21 § 91. The recorder of said city shall, in all criminal actions 22 and proceedings and special proceedings of a criminal nature for 23 of on account of offenses committed or charged to have been com- 24 mitted within said city, have all the jurisdiction and authority 25 which a justice of the peace of any town would have, if such -« L. „ 20 80 > 1' tear, try and determine all other charges of misdemeanors coniT 2 mitted within said city..; 3 § 93. Courts of special sessions held by said recorder shall also 4 (subject to removal as provided by section fifty-seven and fifty- 5 eight of the code of criminal procedure if the misdemeanor is one 6 of those enumerated in section fifty-six of said code, and ether- 7 wise subject to removal as provided by section two hundred and* 8 eleven of said code), have jurisdiction to hear, try and deter- 9 mine charges of misdemeanors committed as follows : Committed^ 10 partly within and partly without said city, or when the acts, 11 omissions, or effects thereof which constitute or are requisite to; 12 the consummation of such misdemeanor occur partly within and 13 partly without said city; committed in this state, on board of a 14- vessel navigating a river, lake or canal or lying therein in the 15 ""course of her voyage, or in respect to any portion of the cargo 16 or lading of such boat or vessel, in case such river or canal passes 17 through said city or any part thereof, or in case such lake is 18 situated in or borders on said city, or such voyage terminates in 19 said city or would terminate therein if completed; committed in ' 20 this state in or on board of any railway engine, train or car mak- 21 ing a passage or trip on or over any railway in this state, or in 22 respect to any portion of the lading or freightage of any suck 23 railway engine, train or car, in case such railway engine, train 24 or car, passes or has passed in the course of the same passage or 25 trip, through said city or any part thereof, or where such pas- 26 sage or trip terminates in said city, or would terminate in said 27 city if completed. i 81 § 94. ;Otherwise than as hereinbefore provided, courts of special * sessions held by said recorder .shall not have jurisdiction to hear, ■? try or determine charges of misdemeanors not committed within ^ said city. £ § .95. When a person shall be convicted by a "court of special- G Sessions, held by said recorder, of any misdemeanor of which 7 such court has jurisdiction, but jurisdiction of which is not con- ,8 ferred upon courts of special sessions by the code of criminal 9 procedure, the court of special sessions held by said recorder may 10 render such judgment imposing such sentence therefor as a court 11 -of sessions might lawfully render and impose in case a conviction ' 12 of such crime were had in a" court of sessions. 13 | 96. Except as hereinbefore provided, courts of special ses- 14 sions held by said recorder shall have all the powers and juris- 15 diction conferred upon courts of special sessions by the code of 16 criminal procedure, and shall be subject to all the provisions of 17 said code relating to courts of special sessions. 18 § 97. The said recorder shall have power to let to bail all per- 19 sons charged with crime before him in all "cases of felony when 20 imprisonment in the state prison, on conviction for such felony, 21 cannot exceed five years, and to institute all proceedings respecting 22 bastardy in said city, and to hear, try and determine the same. 23 He shall also have the same right, power and authority within the 24 county of Tompkins to administer oaths and to take affidavits and 25 acknowledgments that justices of the peace have. ^6 L. 21 82 1 § 9'8. In case of sickness, absence from the city, disability or 2 inability of the recorder to act, his powers and duties _are hereby o conferred and imposed on the person who may be designated by a the mayor of said city; and it shall be the duty of the mayor of 5 said city each year to designate a suitable person, who shall act g in such cases instead of the recorder and who shall in such cases 7 have power to hold all courts which said recorder may hold in all c respects as if held by said recorder, and he shall be designated and a known as " acting recorder." He shall file with the clerk of the K' ■ -iq city of Ithaca a bond, as required of the. recorder, before ent.er- •i -i tainmg jurisdiction of any action or proceeding by virtue of -^2 this act. "L3 § 99. In case any warrant issued by the recorder shall be re- ■^4. turned during his absence from the city or during his inability j 5 to attend to the duties of his office, any further proceeding may -jo be had on such warrant before the acting recorder, designated, a3 ■j* above .provided; and having once obtained jurisdiction over any -j^g matter under this or the preceding section, he may retain it and 2 a proceed to the determination of it, and shall be entitled to. receive , 20 for'his services the same pay pro rata as in this act fixed fpjf the 2^ recorder, and the same to be v paid by said city, and the amount 22 thereof to be determined by the common council of said cityr 23 § 100. All processes and mandates issued by the recorder or 24 . the acting recbrder requiring service, shall be, served by the city 25 police or by officers authorized by the law of this state, to serve 2 6 such processes and mandates, and when Served by the city police ' 83 1 they shall be served without fees for their own benefit, but they 2 shall demand and receive for all process served by them properly 3 Chargeable to the county, the same fees as are provided by law 4 for constables for like services. And they shall keep a correct ac- 5 count thereof, and the same shall be presented in the name of said 6 jsity to, and audited by, the board of supervisors for the benefit of 7 said city. 8 § 101. The said recorder or acting recorder shall not receive 9 for his own benefit any fee for services performed under this act, 10 but he shall demand and receive in all proceedings before him for /; 11 all services rendered by him as recorder or acting recorder, the v 12 same fees as are provided by law for justices of the peace of towns 13 for like services, and all fees and charges, which may be legally 14 payable whenever suits or proceedings pending before either of 15. them shall be settled or dismissed by consent, including constable 16 fees. All such costs and fees, and all fines and penalties, and other 17 moneys collected by either of them shall be paid to the city 18 chamberlain within one month from the time of receiving the 19 same; and any failure or omission to so pay over such fines, 20 penalties or other moneys shall be sufficient cause for removal 21 of said recorder or acting recorder from office. 22 § 10'2. The recorder and acting recorder shall keep an account 23 of all such fees and fines, and all such criminal business done by 24 either of them; and such portion of said criminal business as is 25 by law chargeable to the county shall be made out by the recorder 26 in an itemized bill as is required by law, and he shall annually, 86 1 Section 118. No contract except by majority vote; no obligation 2 incurred or issued without resolution by major- g ity; resolution to be recorded. olution to be recorded. i 4 119. No dealings with a commissioner except by unani- « 5 mous vote of all the "rest, and concurring vote of 6 the common council. 7 120. Superintendent of public works and other ap- 8 pointees; salaries. -'•,' 9 121. Superintendent not to be interested in contracts; 10 < violation ground for removal. 11 122. Board to appoint the city clerk; term to be fixed, 12 and salary. • 13 123. Enumerated departments under" control of board. 14 124. General duty of efficiency and economy. 15 125. General powers. 16 126. Duty to keep maps and plans for inspection, withy 17 index. 18 127. May adopt plans for drainage, sewer and water ex- t 19 tensions, and additional water supply. \ 2 " 128. Fix water rates, rules and penalties; income, how 2 ^ > applied. 22 129. May adopt and execute plans as to creeks, water ' 2 ^ courses and bridges. 130. Ma£ adopt and execute plans as to parks and addi- tional parks and acquire lands therefor. 131. May regulate parks; encroachments; rules and regu- lations; parks denned. 25. 26 27 87 1 Section 132. Qontrol of cemeteries. 2 „ 133. Board to be commissioner of highways; powers. 3 134. Excavations in streets. 4 135. Power as to sidewalks. -""' 5 136. Owner may build sidewalks as required by the 8 board. 7 137. Public buildings. / 8 138. Garbage; collection \thereof. 9 139. Snow, ice and dirt on sidewalks. t 10 140. Sprinkling streets. 11 141. Eight to use highways for water pipes. 12 142. Right to sell water for premises outside of city. 13 • 143. Right to grant use; ( of sewers to persons outside 14 / of city. I 15 144. Lighting of streets and public places. • < 16 145. Other departments as may be assigned. 17 146. Board given full power as to its departments, im- 18 i " provements and labor; may advertise for bids; 19 letting; security. 20 147. Fiscal year; statement of required amounts of 21 money. 22 148. Account to be kept of each department ; transfers of 23 - funds prohibited. 24 149. Quarterly statements. ': 25 150. Bills to be paid by city chamberlain. 26 151. Condemnation of lands. r 88 1 Section 152. Claims barred by condemnation. 2 153. Local improvements; assessments for benefits; con- 3 firmatioh; lien. 4 154. Grading and paving, portion to be paid by owners; 5 curbs and gutters; sidewalks; sewers. f> 155. Rules and regulations. 7 156. Penalties for wrongful acts.^ 8 157. Penalties for violation of rules and regulations; 9 how' recovered. 10 158. Certain act a misdemeanor. 11 159. Bonds; issue -thereof; sinking fund. 12 160. Substituted bonds; issue thereof; sinking fund. 13 161. Bonds representing sinking fund to be registered. 14 162.. Substituted bonds; rate of interest; exemption from .• 20 ti me . The board shall meet at such time as may be expedient, or 21 as it shall from time to time designate. Special meetings may 23 be called by the mayor or by any three members of the board by 23 twenty-four hours' written notice, which may be given either per- 24 sonally or by mail addressed to the places of business or residence 25 of said commissioners, respectively. ^, 91 .' 1 § 117. The city clerk shall act as secretary of the board and ft 2 keep a record of all meetings. The meetings of the board shall bd 3 open to the public, except when in the judgment of the board the 4 public interest requires executive session. ' - 5 § 118. No contract involving the expenditure of moneys shall 6 be made except by vote of a majority of the members of the 7 board. Eo obligation shall be incurred, money expended, or 8 issue of bonds demanded by the board except by resolution duly 9 passed by a majority of the members thereof. In every case the 10 resolution and vote thereon shall be recorded in full in the minutes 11 of the board. 12 § 119. No lands or rights shall be purchased of any member 13 of the board for any of the purposes over whi,ch the board shall 14 have control, nor any contract made with any member thereof 15 for material or supplies to be furnished for any of the board de- 16 partments, without a resolution of the board, adopted by an unani- 17 mous vote of all other members and the concurring vote of the 18 common council. A' 19 § 120.. The board shall appoint a superintendent of public ^0 works and such engineers and other assistants as in its judgment 21 are necessary, each to hold office during the pleasure of the board, 22 subject to dismissal by the concurring vote of four members. The. 23 board shall fix the salaries and prescribe the duties of the super- 24 intendent, engineer and assistants. 25 § 121- The superintendent of public works shall not directly 26 or indirectly be financially interested in any work or contract for •."■v 92 1 work to be performed for the city or furnish materials for the use- 2 of the city. A violation of any of these provisions shall con- 3 stitute sufficient ground for removal from office. 4 § 122. The board of public works, shall appoint a city clerk to ! 5 hold office either for a period hot exceeding four years, or to Sold. 6 office during the pleasure of the board' as it may decide, at, an > T, annual salary to, be fixed by it. ■ 8 § 123. _ The board of public works shall take charge and, sub- 9 ject to the limitations herein contained, have exclusive control 10 of, the following departments of the city government, of the 11 property belonging thereto, and of the appropriations made- 12 therefor: 13 1. Water. 14 2. Sewers and drains. 15 3. Streets and sidewalks. 16 4. Creeks and bridges. -17 5- Street lighting. 18, 6. Parks. ^ . 19 7. Cemeteries. 20 8*. Garbage. 21 9. Public buildings and property, but not buildings or property 22 for use of the fire department or schools, nor the erection, altera-- " 23 tion, repair or ; extension thereof, except in the. fire department. : 24 10. Such other departments- as may be assigned to the board. 25 § 124. It shall be the duty of the board, within the means at . <> its disposal, to secure the greatest possible efficiency and economy 93 in each of the said departments, and to maintain, improve and 2 extend the property and equipment thereof. 3 § 125. The board may enter upon any lands for the purpose of 4 survey and examination; may contract for, purchase and acquire, 5 by grant, purchase, gift, condemnation or otherwise, in the name i 6 of the city of Ithaca, all lands, water rights, easements, privileges 7 and franchises, and all other real and personal property what- 8 soever, either within or outside of the corporate limits of the 9 city of Ithaca, which is necessary in the judgment of the board, 10 for any of the purposes herein set forth; and shall have the right 11 to enter upon, take possession of, and appropriate, all such prop- 12 erty, and to do any and every act or thing that may be necessary 13 to carry out the full intent and purpose of all the provisions con- 14 tained in this, act. 15 § 1^6. The board shall have charge of and keep, always sub- 16 ject to inspection, all maps and plans now owned or hereafter 17 acquired by the city, relating to the several departments in its 18 charge. It shall cause to be made and kept revised a convenient 19 index to said maps, and also to the papers in its office, showing 20 readily where each map or paper may be found. 2i § 127. The board shall have the power to adopt and execute 22 plans for the drainage of the city and for the extension and im- 23 provement of the present sewer and water system, and for pro- 24 viding any { additional water supply and system that may be 25 deemed necessary. 26 L 24 ' 94- 1 § 128. The board shall from time to time fix N and «letermip,e 2 the water rates to be paid by all consumers of'water; and shall •3 provide rales and penalties for the collection -thereof by the city 4 chamberlain. The income derived therefrom shall so far as neces-r 5 sary be applied to the payment of the cost of maintaining, oper- 6 ating, and extending the system of water works and the payment 7 of the principal and interest falling due on the water bonds new 8 outstanding or hereafter issued. 9 §129. "The board shall have power to adopt and execute plans 10 for the purpose of controlling and regulating the flow of water : y 11 in the creeks and water courses, and properly protecting them 12 against overflow, and for" providing relief channels or additional , 13 water courses and bridges for the same, as the board shall deem 14 for the best interests of the city; to alter, deepen, widen and 1 15 - change the direction of the channel or current of creeks or water 16 s courses, or any of them; to increase, diminish, entirely prevent or 17 change in any manner the customary flow of water, and to •v" ■ 18 cause the same to flow against or upon any other land; 19 to build walls, embankments or levees, and if deemed nec- 20 essary or advisable, to make them of sufficient width for 21 the construction of streets, alleys'" or driveways thereon. It 22 shall take charge of and have' control over all permanent 23 ^improvements now constructed along water courses, maintain, 24 alter, repair, improve and extend the same, and widen and 25 deepen the channel thereof; shall have charge of ,all bridges, 26 culverts and sluiceways, and build, rebuild or Tepair the same; 95 1- and shall clean and keep free from obstruction all channels, 2 ditches, and sluices thereunder. 3 § 130. The board shall have power to adopt and execute such^* 4 plans for- the laying ouf^ improvement and maintenance of the 5 parks, and providing additional parks either within or without g the limits of the city of Ithaca ; and for such purposes to acquire 7 - by gift, purchase or condemnation all or any of the Hands within g or without the limits of the city of Ithaca, which, in the judg- 9 ment of the board, may be injurious or detrimental to the health 10 of any of the inhabitants of the city ; to lay out, cultivate and im- H prove the lands so taken ; to adopt and carry into effect such meas-. 12 nres and devices as may, in the opinion of the board, be deemed ' 13 necessary to prevent the growth or formation of disease-producing 14 germs or organisms, or to otherwise render such lands, not in- 15 jurious or harmful to the health of any of the inhabitants of the 16 city; and when such lands or any part thereof are so improved as If to be no longer injurious or detrimental to the health of the in- 13 habitants of the city, to sell and convey any part thereof deemed 19 unnecessary for park purposes, the proceeds of the sale or sales 20 of any such lands to be paid to the city chamberlain and be de- 2i posited by him in the park fund, to be used in the maintenance 22 and improvement of all of the parks within or without the city of 23 Ithaca, or in the procuring of other lands for park purposes. 24 § 131. The board, shall have the power to regulate and main- 25 tain public parks now established or hereafter laid out and estab- 2 6 lished by the board; to preserve, adorn and protect the same; to> 96 -i prohibit and prevent encroachments thereon or injury to the trees, o shrubs and adornments thereof; to adopt rules and regulations-,; o governing the purposes for which the parjb or any of them may ,. be used and enjoyed; to determine the place for planting, and the ~ relative location of shade or ornamental trees in the parks ; to de- „ termine the methods and manner of adornment of the parks, and b ij in all things to have complete control and authority thereover,- The word "parks " is hereby denned to include all public ground^ ;i- .o and places, except cemeteries, which shall have heretofore been under the control and supervision of the city of Ithaca, and all public grounds and places hereafter acquired by the city ollthaca - ., r under the provisions of this act. § 132. The board of public, works . shall take charge and have 13 , , ' r control of all public cemeteries within the city limits, with power,,: to preserve, adorn and protect the same ;j to prohibit and prevent ".-■ interment within the bounds of the city unless made in such 1 ^ cemeteries;} to establish such rules and regulations governing the 1 s care, maintenance, adornment and uses thereof as may be deemed . _. „ necessary ; to prohibit injury to or mutilation of any of the adorn- _ ments or monuments therein, and to prescribe penalties for the ; ..v violation thereof. § 133. The board shall be commissioner of highways in and for the city of Ithaca and shall have all the powers of commissioners of highways of the several towns of this state, subject to the pro- 25 visions of this act, and shall have power to lay out, alter, discon— tinue, regulate, straighten", widen, pave, curb, clean and sprinkle 97 - 1 the streets, highways, alleys, bridges and crosswalks, and to pre- 2 vent the encumbering and obstruction of the same in any manner, 3 and to protect them from encroachment or injury; and to con- 4 struct sidewalks, or cause the same to be constructed, and to alter, 5 repair, regulate, straighten, raise and lower the same, to cause 6 the same to be kept free and clean from ice, dirt and snow, and 7 prevent the encumbering, encroachment upon or obstruction of 8 the same, as hereinafter provided. Before laying out any high- 9 way requiring condemnation proceedings,' and before altering or -10 discontinuing any highway, a public hearing shall be had after 11 notice thereof has been given by publication at least once in at 12 least two newspapers of the city of Ithaca, and by mailing the 13 same to all the owners of lands through which said new highway i'f 14 is to run, or adjacent to "the portion of any highway that is to be _ 15 altered or discontinued. 16 §""134. The board shall have the power to permit excavating 17 in any public street or place in said city upon satisfactory surety 18 being given to the board that the excavations so made will be 19 properly guarded, and promptly filled, that any curbing or pave- . 20 ment removed shall be relaid with all convenient speed; that the 21 city shall be held harmless from all claims, demands, suits, costs, -. - 22 and damages that may result by reason of the excavation, and ' 23 that the street ot public place so disturbed shall be restored to as 24 good condition as existed before making the excavation, and-shall 25 be so maintained for a period of one year without expense to the * r 25 26 L - loo , _„. -y; 1 city of Ithaca, and to adopt rules and regulations governing' the 2 collection thereof. [ The board shall have "the power to determine ! 3 whether garbage shall be. collected at the expense of the city, to 4 be paid for from i '5 of the inhabitants ;he general fund, or by contract, at .the expense for whom the work is performed, and to pro- 6 vide such system of collection and disposal as it shall deem best. • "Should the board determine to have garbage collected at the ex- 8 pense of the persons for whom the service is rendered the city 9. shall be deemed to have a just and lawful claim against any such 1 "* ' ■ - — ■*■" person, collection of! which may be enforced by action in the name H of the city, and which when collected shall be deposited with the ■" -city chamberlain to the credit of the garbage fund; or, .when the - 1 " board shall- have determined the proportionate amount of expense 14 owing by the persons! for whom the services have been rendered, !"•> the amount thereof, after the giving of due notice as is provided - LD for the assessment of public improvements, shall, become a lien upon the premises from which the garbage is collected, to be 1 ° levied, assessed and collected in the same manner provided for -^ the collection of taxes, no I portion of which, however, shall be borne by the city at large, r § 139. The board shall have power to require all persons 99 • • owning or occupying property in the city, and the owners of un- occupied 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 free therefrom, and from any en- croachment or obstruction thaasejo; and in case of neglect or re- 101 1 fttsal on the part of such owngr or occupant to remove the same, 2 the board may perform the labor and thereupon make out and 3 deliver to the city clerk a statement of the expense and descrip- 1 * 4 tion of the property, and the amount of such expense with ten per 5 centum added shall be a lien or charge upon the lot, land or plot 6 so described and the same shall be assessed to the owner of the 7 property and added to the amount of the next annual city tax 8 and collected in the same manner provided for the collection of 9 taxes. 10 § 140. The board of public works shall have power to cause 11 any street inlaid city, or portion thereof, to be sprinkled in such 12 a manner and at such times and seasons of the year as may be 13 - deemed advisable by the board, and assess the expense thereof to 14 the owners or occupants of the property assessed upon each side 15 of the street or portion thereof as shall have been benefited thereby, 16 according to the number of feet frontage. All such assessments IT shall constitute a lien upon the lands and premises thus benefited 18 and be levied and collected in the manner provided in the case of 19 -garbage. — t £jfiM.\4XA.,<- H5"'TPG*e:> * 20 § 141. The board of public works and all acting under its au- 21 thority shall have the right to use the ground or soil under any 22 street or highway in the city, or any highway or road within 23 the county of Tompkins, for the purpose of introducing water 24 into and through any and all portions of the city, and such right 25 shall be continuous for the purpose of repairing and relaying -26 L. 26 104 1 ordinary income, for the maintenance charge during the year iu 2 each department, and also the estimated amount needed for any 3 permanent improvement, specifying the nature of such improve- 4 ment. The board shall include in the estimated amount required 5 for the water department the cost of water for fire and other 6 municipal purposes. 7 § 148. Each separate department shall be credited with the 8 amount that shall be appropriated by the common council there- 9 for, together with all other income received from such department; 10 and charged with the expense thereof. Moneys appropriated for 11 maintenance or, for permanent improvements in one department 12 may not be transferred to or used for any other purpose or in any 13 other department, until the board has certified to the common 14 council the transfer desired and the occasion therefor, and the 15 common council has approved of such transfer. No contract shall 16 be made or expense incurred in excess of the amount appropriated. IT >,.;•< § 140. The board of public works shall quarterly, and at such 18 other times as may be required either by the mayor or by the 19 common council, render to the common council an itemized 20 statement of all its receipts and disbursements properly classified 21 and showing the balance on hand at the beginning and at the 22 close of the period covered; and at the close of each fiscal year 23 i-t shall submit an annual statement, showing by suitable sum- 24 maries, the cost and the income of each department; "Whenever 25 requested by either the mayor or by the common council, the 105 board shall also frrnish any additional information in regard to * -its srork orvtJae cost thereof. .. ... ,-*■-. s .■«* § 150. All bills incurred by the board of public works, and ^ all amounts- payable out of the moneys appropriated to the use 5 of the board and out of the income derived from the -operation of 6 the water-plant or from any other ^ department. in charge of the •■ * ' board, shall be paid by the city . chamberlain on the audit and 8 -order of the board. x ■ . . . .9 § 151. Whenever the board shall have determined to take, and ' ' ?. - »-'■' 10 appropriate any lands, interests or -easements,, deemed by it neces- 11 sary in the execution of any plan or improvement adopted by the 12 board, or in the execution of any part of any plan or improve- 13 ment in any of the departments under the control and supervision"' 14 of the board, which lands and rights shall not have been other- 15 wise .acquired, the board may proceed to the condemnation of the 16 same pursuant to the provisions of titles one and two of chapter 17 twenty-three of the code of civil procedure. Nothing contained 18 in the provisions of this act shall be so construed as to authorize 19 any compensation for damages for which the city would not be 20 otherwise "responsible. 21 § 152. All persons upon whom or in respect to whose lands, 22 rights or easements condemnation shall have been had, are for- 28 ever barred from maintaining ''any claim, right of' action or pro- 24 egeding to recover damages from the city of Ithaca by reason of 25 the making of any improvements, alteration, or extension of im- 26 L- 27 108 1 frontage thereon. The expense of constructing, repairing, _relay- 2 ing, raising, lowering, or changing the location of any sidewalk 3 shall be paid by the owner or owners of the property in front of 4 .which the improvement is made. The expense of laying, relay- 5 ing, repairing or extending sewers and drains shall be paid, one- 6 third by the city of Ithaca from the sewer fund, and two-thirds , 7 by the owner or owners of property fronting or abutting upon the 8 street wherein the improvement is made, not exceeding, however, 9 thirty cents per lineal foot for the property benefited. If it is 10 necessary to extend the sewer across private lands in order to 11 furnish service for otherwise inacessible premises, the expense 12 of laying that portion of the sewer through private lands shall 13 be borne one-third by the city and two-thirds Jby the premises that 14 are thus rendered available to sewer or drainage services, in addi- 15 tion to the: frontage charge, and the limit of thi#f cents per 16 lineal foot shall not apply. - - 17 § 155. The board of public works may make, from time to. 18 time, alter and modify, publish and enforce, such rules and regu: 19 lations, not inconsistent with the law, as^may be deemed necessary 20 for the conduct of all its departments, for the employment, dis- 21 missal, discipline and government of the persons employed by it, 22 and for the government of its superintendent of public works 23 and his assistants, and for the performance of all work authorized 24 by it. 25 § 156. The board may prescribe penalties for wilful or mali- 26 cious acts by any person or persons whereby any of the property 109 * or rights under the control of the board in any of its departments * shall be interfered with, impaired, obstructed or injured, and 3 may enforce the penalties and recover the actual damages sua- 4 tained thereby in the manner provided in this act, crediting the 5 money so recovered to the department to which it • properly 6 belongs. 7 § 157. The board may prescribe penalties, not exceeding fifty 8 flollars for the violation of any of the rules and regulations 9 adopted by it in any of its departments; which rules and regula- 10 tions, when regularly adopted, may be enforced by action brought 11 in the name of .the city of Ithaca, and the amount so recovered 12 shall be paid to the city chamberlain, and be credited to the de- 13 partment to which the moneys so recovered properly belong. No 14 action shall be brought to recover any penalty for violation of any 15 ordinance, rule or regulation unless the same shall have been pub- 16 lished prior to such violation at least twice a week for two suc- 17 cessive weeks in one of the daily papers published in the city of 18 Ithaca. 19 § 158. Any act whereby any property, apparatus or appliances 20 pertaining thereto, which shall be under the power and control of 21 the board in any of its departments, shall be wilfully or maliciously 22 injured, impaired or obstructed, or the water supply shall be 23 rendered less pure, shall be deemed a misdemeanor, and the per- 24 son or persons convicted thereof shall be punished accordingly. 2# * L. 28 112 and made payable July first, nineteen hundred and twenty-seven, as at or about the time of the issue of said new substituted- bonds may be required to replace the water bonds then maturing, in which the -accumulated sinking fund may then be invested, and also such portion thereof as may be required by the sinking, ft fund commissioners for investment of funds then on hand, shall - be issued to said sinking fund commissioners therefor, a like amount of new bonds being substituted for the bonds in the sink- ing fund so maturing, and the balance required being furnished at par. Such amount of the remainder of said new substituted-- bonds so issued and made payable July first, nineteen hundred and twenty-seven, as shall at the time of the issue thereof, in the judgment of the board of public works be necessary for the in- vestment of the sinking, fund in each of the intervening years prior 15 to their maturity, shall be made subject to call by the sinking fund commissioners for such purpose, the several amounts to be ' so called during the intervening years to be definitely fixed by the board, and the exact date when each bond may be so called - being specified therein. " § 161. All bonds of the city of Ithaca maturing on the first 21 day of July, nineteen hundred and twenty-seven, in which the 22 sinking fund may be invested, shall at the time they are added to 23 the sinking fund be registered in the name of the city and con- 2-1 spicuously stamped "non-negotiable." The interest coupons, if 25 any there be, shall at the same time be removed and destroyed. 113 1 The interest thereon shall he added to the sinking fund as it 2 aecrues. v 3 § 162. Such portion of said new substituted bonds as shall be 4: required to retire the bonds previously issued not in excess of the 5 ten per centum limit shall bear interest at a rate not exceeding 6 four per centum per annum, and shall be due and payable in thirty 7 years from the date of issue. In case s^ich new substituted bonds 8 shall be issued pursuant to this act, such bonds shall, until due, 9 be exempt from taxation for town, county or municipal and state 10 purposes. All bonds paid and retired shall be immediately can- 11 celled. x 12 TITLE VIII. 13 Fire Department. •>:'•',. 14 Section 163; Incorporation. 15 164. Fire commissioners. 16 165. Organization as a board. v 17 166. Its powers and duties. 18 167. Limit of expenditures. ^9 . 168. Chief engineer and first and second assistants. 20 169. Election of first and second assistant engineers. 21 § 163. All such persons as are now or shall hereafter be mem- 22 bers of any fire company now organized in the city of Ithaca, or 23 which may hereafter be organized by the board of fire commis- 24 sioners herein provided shall be and continue a body corporate by 25 the name of " The Ithaca Eire Department," and such corpora- 26 L. 29 116 , 6. To submit to the common council, on or before the first day o of "May in each year, an estimate of the amount of money neces- o sary to cover the expenses of maintenance of the department, in- 4 \ a eluding all salaries and wages, equipments and supplies, and for r the maintenance, heating, lighting, and ordinary repairs of „ buildings. ^ 7. To make and promulgate, from time to time, such rules, regulations and by-laws as it may deem necessary and expedient- for the government and discipline of the department, and not in- consistent with this act or the ordinances of the city of Ithaca or of the laws or constitution of this state or o% the United States. 8. To be trustees of and set aside all moneys paid by insurance 1 „ companies, to be accumulated as a relief fund for indigent and disabled firemen, with power to draw upon such funds for tem- f , porary relief and benefits (only as said board shall determine* ' Such moneys shall not be used for any other purpose. At the close „ of each fiscal year, and at such other times as the common coun- cil shall require, said board shall submit to the common council a 18 - detailed accounting of such funds. Any other moneys, gifts or o Property whatsoever acquired for such relief or benefit purposes shall be likewise held, disbursed and accounted for. 22 § I 6 ?- Said board of fire commissioners shall in no year expend - ^^ a sum or incur any indebtedness in excess of the amount appro- priated by the common council for the use of said fire department- 25 and such commissioners shall be personally liable for any expendi- 2g ture or indebtedness incurred in excess of such appropriation;. 117 1 provided^ however, that the common council may make special 2 appropriations for extraordinary purposes to be expended by 3 said board. 4 § 168. The present chief engineer elected by the department 5 shall continue to exercise the duties and powers of his office until 6 the expiration of his term and until his successor is appointed 7 and qualifies. The present first and second assistant engineers 8 elected by the department shall continue .to, exercise the duties 9 and powers of their offices until the expiration of the terms for 10 which they were respectively elected and until their successors 11 are elected and qualify. 12 § 169. As soon as practicable after- the first day of December 13 in each year said board of fire commissioners shall cause to be 14 inserted in two of the leading newspapers of said city a notice 15 that a caucus will be held on some specified day between the 16. tenth day of December and the seventeenth day of December for 17 the purpose of placing in nomination a first assistant engineer 18 and a second assistant engineer of said department. The several 19 fire companies of said city shall on the last Wednesday of each 20 year, at such place as shall be designated by said board of fire 21 commissioners and between the hours of two o'clock in the after- 2 o noon and nine o'clock at night, hold an election, of which said 23 board of fire commissioners shall act as inspectors. Notice thereof 24 shall be given by two insertions in two of the leading newspapers 25 L- ' 3 ° 118 1 of said city once each week before said election. .At that time- 2 there shall be elected a first assistant engineer and a second 3 assistant engineer. Said board of fire commissioners shall can- 4 vass the vx>te cast at such election and make return thereon to 5 the common council of said city at its next regular meeting, and. g said common council shall thereupon approve or disapprove of 7 the officers so elected; and if said council shall disapprove of g either of said officers within two weeks after being thus notified, a of such election, then the board of fire commissioners shall call h q a special election of said department, at which shall be elected .. .J other persons in place of the ones disqualified. The officers then -.o elected at such second, election shall hold office until their suc- 1 o cessors -are elected and duly Qualified unless removed for cause. - .. , The special election shall be held and the canvass and return of 1 - the vote be made in all respects the same as in the case of the- 1 . regular election as hereinabove provided. itr TITLE IX. 1 ' i _. _ Department of Education. lo Section 170. City one school district. _ n 171. Commissioners; board of education. 172. Election of commissioners. .21 9 173. City chamberlain to be school collector. „ 174. Commissioners to take oath of office; vacancies, how i filled. 24 „ 1?5. Eemoval for misconduct; resignation. 26 ^®' Annual meetm g; president; no compensation. 4 5 » 119 ' ' ) * Section 177. Eegular meeting ; special meetings, how called. 178. Appointive officers of the board; their duties; records of meetings; evidence. \ 179. Powers of board of education to raise funds by- taxation. 6 180. Taxes; how assessed, levied and collected; bond of 7 city chamberlain; notice to be published and 8 posted. 9 181. City chamberlain to collect without compensation 10 other than salary; to collect percentage additions; 11 daily payment to treasurer of board; settlement 12 , with board. 13 ..182. Certain provisions of consolidated school laws ap- 14 pli cable. j .15 183. All moneys to be paid to the treasurer of the board. 16 184. All moneys to be deposited to credit of the board. 17 185. Drafts on county treasurer for various funds from 18 the state. -- 19 186. Treasurer to pay out moneys on drafts of the board; 20 make written statement, when required; settle- 2i ment with board and payment to his successor. ' 187. Board may prosecute official bond of city chamber- lain or treasurer. 24 188. Powers and duties of the board enumerated. 25 189. Raising fund for new building; to be submitted to og voters. 22 23 4 120 -" 1 Section 190. High school one" of the Academies of the state; sub-' 2 ject to visitation of the regents; shall share in 3 state funds. 191. Annual reports to state superintendent,. 5 192. State superintendent to apportion school funds; 6 same to be paid by county treasurer. ' ■ 193. School to be free to residents: tuition required for ° , nonresidents. " 194. Board to be trustees of the school district library; 10 its powers and duties in relation thereto; may H appropriate two hundred and fifty dollars ■*■* annually. , *-" 195. Title of school property vested in board of educa- tion, exemption from levy and sale; powers of board to take and hold property. i ' ■* if • / 196. Animal statement to be published; contents. / _ 197. Notice of city clerk of election or appointment; 18 penalty for refusal to serve ; for neglect of duty ; 19 - /•' <; prosecutions. 20 198. Board may appoint a superintendent of schools; 21 *'""" * prescribe his duties; his other duties; salary. 199. Conflicting acts repealed; power of state superin- 23 tendent preserved; his decision of disputes final. § 170. All school districts and parts of school districts in the city 25 of Ithaca shall, for the purposes hereinafter mentioned, form one 26 school district, to be called the school district of the city of Ithaca. 27 Said district shall not be altered except by legislative enactment. 121 1 § 171. The present commissioners of the school district of the 2 city of Ithaca, for the periods for which they were respectively 3 ^hosen, or their successors in case of vacancies occurring before 4 the expiration of such periods respectively, shall be commissioners 5 of the school district of the city of Ithaca, and the said commis- 6 sioners and their successors, chosen as in this act provided, are 7 hereby continued a body corporate, styled the board of education 8 of the city of Ithaca. A majority of the commissioners shall con- V 9 statute a quorum. 10 § 172. There shall .be elected annually at each annual city 11 election in said city, in the same manner as other general city 12 officers are elected, and by vote of the inhabitants qualified to vote 13 for such general city officers, or qualified to vote as provided by 14 the consolidated school law of the state, four commissioners, to 15 fill the places of those whose terms of office expire on the first day 1C of January next succeeding such election. The commissioners 17 shall hold their respective offices for the term of three years from 18 the first day of January next succeeding their election, and until 19 their successors shall be elected and enter upon the diities of their 20 office, respectively. 21 § 173. This act shall not be so construed as to disqualify any 22 commissioner 1 aforesaid for re-election. The city chamberlain of f 3 the city of Ithaca shall by that title be the collector ex-officio of 24 the said school district of the city of Ithaca, and his duties, author- 25 L 31 - 122 1 ity and jurisdiction shall extend to all taxes levied by the said 2 board of education of the city of Ithaca during his term of office 3 as such city chamberlain, and shall continue until his final .settle- 4 ment with g.aid board of education as required by section one hun- 5 dred and eighty-one of this act. Said city chamberlain with ref- .6 erence to said taxes shall also perform the duties, possess the pow- 7 ers, and be subject to the obligations prescribed by law for town 8 collectors,''except as herein otherwise provided. 9 § 17-i. The commissioners elected by virtue of this act, before 10 entering upon the duties of their office, shall each take the oath H of office prescribed by the constitution of this state, before the 1^ clerk of the city of Ithaca, who is hereby empowered to administer 13 said oath, and said clerk shall file the same among the records of 14= the city. The board of education shall have power and it shall IS be its duty to fill any vacancy in the said'board which may occur lb from any other cause than the expiration of term of office, the 1' commissioner so appointed to hold office until a successor is dulj 18 elected to fill such vacancy, and qualifies. 19 § 175. Any member of the board of education may, for 20 neglect of duty, or either immoral or official misconduct, be re- 21 moved from office by the board, by a vote of two-thirds present 22 at any regularly called meeting thereof; but before final action 23 thereon, a written copy of the charges preferred against said meA- 24 her shall be served upon him, and he shall be allowed an oppor- < 25 tunity to explain or refute them. Any member of said board 26 may resign his office by giving one month's previous notice, in 123 -writing, to the said board, which, may, if it deem the reason suf- ^ ficient, accept the same. f § 176^ At each annual meeting of the hoard" It shall elect one 4 of its number president of the board, and whenever he shall be •6 absent, or unable to act, it shall appoint a president pro tempore. ■6 The board shall fix the time for its annual meeting, and, unless *l changed by a resolution of the board, the time thus "fixed shall be 8 the time for future annual meetings. The commissioners shall 9 receive no compensation for their services. 10 . §• 177. The board of education shall meet "for the transaction 11 of business as often as once in each month, and may adjourn for 12 any shorter time. Special meetings may be called by the presT 13 dent, or, in case of his absence or inability to act, by any member 14 of the board, as often as necessary, by giving personal notice to 15 each member of the board, or by mailing a written or printed 16 notice to his address, at least twenty-four hours before the time 17 for such special meeting. 18 § 178. The board of education shall appoint a secretary, treas- 19 urer and librarian and such other officers as in the judgment of 20 the board of education may be deemed necessary, who shall hold 21 their offices during the pleasure of the board, and whose compensa- 22 tion shall be fixed by the board ; and the same person may hold 23 two or more of such offices. The secretary shall keep a record of 24 the - proceedings of the board and perform such other duties as the 25 board may prescribe. The treasurer shall, before entering upon 26 the duties of his office, furnish a bond acceptable to the board of 124 -- 1 education in such penal sum as may be fixed by it, andsaid board 2 shall have power to increase the amount of said bond whenever in 3 its discretion said board may regard it advisable. The librarian 4 shall have full charge of the library or libraries of the. district, \ i 5 and may appoint such assistants as may be necessary, from time 6 to time, and such assistants may be removed at any time by the 7 board of education. The record of the proceedings of the board 8 of education, or a transcript thereof certified by the secretary, V- 9 shall be received in-- all courts as prima facie evidence of facts 10 therein stated, and such record, the books, accounts, vouchers and 11 papers of the said board shall at all times be subject to the in- 12 spection of the common council of the city, or any committee 13 thereof, or any taxpayer, and a transcript thereof may be taken. 14 The board of education may by resolution prescribe the duties of 15 any of its lappointees, in addition to the duties specified in this 16 title. ■••/•'■•■. ' , 17 § 179. The board iof education shall have power, and it shall 4 18 be its duty, to raise, by tax to be levied upon all the real and per- .19',sonal estate in said school district,' which shall be liable to tax- 20 ation for school purposes, such sums as may be determined to be v 21 necessary and proper, for any or all the following purposes, for 22 the current year: 23 1. To purchase, lease or improve sites for schoolhouses. ' 24 2. To build, purchase, lease, alter, and repair schoolhouses, out- 25 houses and appurtenances thereto belonging. — 26 3. To purchase., exchange, improve and repair school apparatus 125 1 and provide suitable and necessary text books for the pupils of 2 the several schools under its care ; provided, however, that it shall 3 he optional with said board of education to provide suitable and 4 necessary text books for the pupils attending the high school. / 5 4. To procure fuel and defray the necessary expenses in keep- 6 ing the schoolbouses in order, exclusive of repairs, including in- 1 , surance. 8 5. To defray the contingent expenses of the several schools and 9 the district library or libraries, including salary of librarian and 10 superintendent. t ■ 11 6. To defray the contingent expenses of the board of education, 12 including the salary of the treasurer and secretary thereof. 13 7. To pay teachers' wages after the application of the public 14 money appropriated by law for that purpose. 15 8. To pay charges or expenses incurred by law, or necessary 16 to carry this act into effect, or jto refund loans contracted by law, 17 and to pay the interest thereon, or to pay such sums as shall be 18 required to fulfill any contract duly made under the provisions 19 of this act. 20 § 180. The tax aforesaid and all of the taxes to be levied and / 21 collected by virtue of this act,' shall be assessed and the tax list 22 made out and delivered to the proper officer for collection, within 23 thirty days after the same shall have been voted. The said tax 24 list shall be made out by the board of education upon the basis 25 of the last assessment-roll of the city, including in such tax list 36 L. 32 126 all property on Said roll liable to taxation for school purposes, ' v "' 1 except that the board of education may for such purpose amend 2 and correct any error which may have been discovered in said 3 roll. The board of education shall attach to said tax list its. 4 warrant for its collection, directed to the city chamberlain and 5 signed by the president and secretary of the board. Before the 6 delivery of the warrant to him the city chamberlain shall execute 1 and deliver to the board of education a bond in a penalty fixed 8 by the board, with a surety company as surety, to be approved 9 by the board, conditioned for his honestly and faithfully dis- 10 charging his duties as specified in this title, in the collection 11 of school taxes and percentage additions, and accounting Tor and 12 paying over all such money which shall come into his hands as 13 such city chamberlain. The premium expense of such bond shall 14 be paid by the board of education. The said warrant shall be 15 the same in form as a warrant issued by the trustees of a school 16 district of the state, and it shall have a like force and effect as 17 are given to a warrant of the trustees of a school district by the- 18 general laws of this state. The board- of education may renew, " !9 from time to time, as it shall deem proper, any* warrant issued 20 for the collection of any tax assessed by them by virtue of this- 2i act. The board of education, upon delivering any tax list and 22 warrant to the city chamberlain, shall retain a copy of the same 23 and shall take a receipt from the city chamberlain for the said M tax list and warrant, which receipt shall specify the amount and 25 the percentage additions to be collected, and the return day of 26 127 i the said tax list. The board of education shall also, immediately ^ upon the delivery of any tax list to the city chamberlain, publish ^ a notice thereof in two of the city papers, stating that until a ^ date therein specified, which, shall be not less than one month after the first publication, the city chamberlain will collect and receive said taxes at his office with one. per centum added. At least five copies of said notice, in large type, shall be posted in at least five public places"'in each ward of the city at least one ... \ month before said date specified. § 181. The city chamberlain shall receive no compensation other than the salary in this act provided, for receiving or col- lecting any money by virtue of said tax list and warrant. For one month next after the expiration of the time specified in said _ „ notice the city chamberlain is authorized to, and he shall, collect 14 „ and receive on all sums unpaid three per centum in addition H for the benefit of the board of education, and on all sums there- lb after unpaid five per centum in addition for the benefit of the said board. He shall daily pay to the treasurer of the board of 1.8 education all taxes and percentages collected or received. He J.9 shall settle with the board of education at its first regular monthly 01 -meeting after the final expiration of said warrant and shall ao 00 count to it for all moneys received by him upon the tax list o delivered to him. He shall also comply with section seventy-two „ 4 of title seven of the consolidated school law the same as is re- ^ 3 quired of the collector of any other school district of the state, 26 in which case the board of education shall credit him with the 27 amount to which he shall be entitled by virtue of the said section. 128 1 § 182. It shall be the duty of the board of education to pro- 2 ceed with the account of money bo credited to the city chamber- 's lain, the same as trustees are directed to do under like circum- ( • _ : 4. stances by section seventy-three, "title seven of the law aforesaid. 5 All the provisions of sections' seventy-four, seventy-five, seventy- 6 six and seventy-seven, of said title seven of the aforesaid law shall 1 have the same application to the taxes of this school district as 8 to those" of other school districts of the state. The board of edu- 9 cation shall also, have the same power to sue for and collect any 10 tax as is given^by section eighty-five of said title seven of the 11 aforesaid law to trustees of school districts. 12 § 183. All moneys raised pursuant to the provisions of this 13 title, and all school moneys by law appropriated to or provided 14 for, or received from any source for said city, shall be paid to 15 the treasurer appointed by the board of education, who, together 16 with the sureties upon his official bond, shall be accountable 17 therefor. 18 § 184. All moneys raised by virtue of this title, or received 19 from any other source, for the use of the public schools in said 20 district, shall be deposited with the said treasurer for safe-keeping 21 thereof, to the credit of the board of education, until drawn as, 22 hereinafter provided. 23 § 185. The treasurer of the 'board of education shall, at the 24 proper time in each year, draw upon the" county treasurer, or 25 ether proper officer, for all moneys appropriated to said district 129 from the common school, literature or other funds of this state; 2 and he is hereby authorized to receive the same for the said dis- trict as provided in the preceding section. ' ^1 186. The said treasurer shall pay out the moneys received by him by virtue of this act only upon drafts flrawn by the presi- 6 dent and countersigned by the secretary of the board of educa- ' tion, which drafts shall not be drawn except in pursuance of a 8 resolution or resolutions of said board, and shall be payable to 9 the person or persons entitled to receive the money thereon. The 19 treasurer, when required to do so by the board of education, shall > H make to it a written statement of the moneys received and dis- ■*■* bursed by him on its account, together with the amount in his 12 hands at the time of such statement. At the end of his official 14 term he shall settle with the said board of education, and pay 15 to his successor in office, to-the credit of the said board, all moneys 16 remaining in his hands subject to its order. < t' . 17 § 187. The board of education may cause a suit or suits to be 18 prosecuted in its corporate name, upon the official bond of the 19 city chamberlain or treasurer of the board, for any default, delin- 20 quency or official misconduct in relation to the collection, safe- 21 keeping and payment of any money in this title mentioned. 22 § 188. The said board of education shall have the power and 23 it shall be its duty: > I 24 1. To organize, establish and maintain such and so many; 25 schools in said school district, including the common schools and \ 26 L. 33 130 1 high school now existing therein, as it shall deem requisite and 2 expedient, and to alter and discontinue the same. 2. To purchase and hire schoolhouses and rooms, lots or sites 4. for schoolhouses, and to fence and improve them. 5 3. Upon the lots and sites owned bv said board of education, g to build, enlarge, alter, improve and repair schoolhouses, out- Y houses and appurtenances, as it may deem advisable. 3 4. To purchase, exchange, improve and repair school apparatus, 9 books for pupils. (save as hereinbefore provided), furniture and 10 appendages, and to provide fuel for the schools, pay the necessary" 11 insurance on buildings and school property and to defray con- 12 tingent expenses of the school library. 13 5. To have the custody and safe-keeping of the schoolhouses 14 and all school property belonging to said district, and to see that 15 the ordinances of the board in relation thereto be observed. 16 6. To contract with, examine, license and employ all teachers 17 in said schools, and at its pleasure remove them.^ ■>-- 18 7. To pay^he wages of such teachers out of the money appro- 19 priated and provided by law, or by this act, for the support of 20 common schools in said district. 21 8. To defray the necessary contingent, expenses of the board, 22 including the annual salary of its officers. 23 9. To have in all respects the superintendence, supervision and 24 management of the schools of said district, and, from time to 25 time, to adopt, alter, modify and repeal, as it may deem expedient, 26 rules and regulations for their organization, government and in- 27 struction, and for the reception of the pupils and their transfer 131 1 from one class to another, or from one school to another, and 2 ..generally for their good order, prosperity and utility. 3 10. To sell any of the schoolhouses, lots or sites, or any of the 4 school property now or hereafter belonging to the district, when 5 authorized to do so by a majority vote»at any regular or special 6 election of the voters of the district, upon such terms as the board 7 shall deem most advantageous; and the proceeds of all sales shall 8 be paid to the treasurer and shall be by said board of education 9 expended in the purchase, repairs or improvements of school- 10r houses, sites or appurtenances, furniture or apparatus. 11 § 189. Whenever in the opinion of the board of education it 13 shall become advisable to erect any school building, the estimated 13 cost of which shall exceed ten thousand dollars, it shall cause an 14 .estimate of the cost of such building to be made, and shall cause 15 the question of raising the amount required by tax to be sub- 16 mitted to the decision of the voters of the school district, in such 17 manner as it deems best calculated to procure a fair expression 18 from said voters. In case the tax shall be voted, the same may 19 be raised by installments, the amount of' which, and the times of 20 payment, shall be left optional with the board of education. 21 § 190. The academy or high school, connected with the school 22 system contemplated by this act, shall be recognized as one of the 23 academies of this state, subject to the visitation of the regents, and 24 shall be entitled to participate in the distribution of the income 25 of the literature fund and other funds in the same manner and 26 upon the same conditions as the other academies of the state; and 132 1 the regents of the university of the state of New YorK shall pay 2 annually to the board of education of Ithaca the distributive 3 share of the said funds to which the said academy or high school 4 shall be entitled., ■"** . . "5 § 191. Said board of education shall make reports ""annually 6 to the state superintendent of public instruction and at such other 7 times as he may request. 8 •§ 192. The state superintendent of public instruction shall ap- t 9 portion state school moneys to the city of Ithaca m the same 10 manner as to the other cities of this state. The treasurer of "Tomp- 11 kins county shall, upon the draft of the treasurer of the board of 3 9, education, pay annually to him the sum thus certified as due the A" 13 said school district. 14 § 193. The schools organized under this act shall be free to 15 all pupils between the ages of five and twenty-one years who are 16 actual residents of said school district. The board of education v 17 shall decide all questions of residence arising under this section., 18 The, said board may allow the children of nonresidents to attend 19' the schools of said district, and shall prescribe the rates of tuition 20 of such nonresidents, payable always in advance. ^21 § 194. The said board of education shall be the trustees of the 22 school district library of said district, and all the provisions of 23 law which are now in force or hereafter may be passed, relative 24 to school district libraries, shall apply to said board of education 25 in the same manner as if it were trustees of a school district. It 26 shall be vested with the same discretion as to the disposition of 133 moneys, appropriated by the laws of this state for the purchase 2 of libraries, which is herein conferred on the inhabitants of school q — districts, and it shall have the power to purchase, exchange, re- pair or dispose of any boo'ks or other property of said library, or cause it to be done, and apply the proceeds to the purchase of ft , ° other books or apparatus; also, to provide suitable rooms and' l I furniture for said library, and further it may appropriate for the i \ ° benefit of said library, out of the moneys annually raised in said I 9 district by the school tax, an amount not exceeding two hundred 1" and fifty dollars in addition to the library money received from H the state. '." 12 ,.§ 195. The title of the schoolhouse, sites, furniture, books and 13 all other school property now belonging to the school district of 1* the city of 'Ithaca, or to the board of education of the city of 15 Ithaca, is hereby vested in the board of education of the city of 16 Ithaca; and the same while used or appropriated for school pur- 17 poses shall not be levied on or sold by virtue of any warrant or 18 execution or other process, nor be subject to taxation for any pur- 19 pose whatever; and the said board of education of the city of 20 Ithaca, in its corporate capacity, shall be competent to take, hold 21 and dispose of any real or personal estate, transferred to it by 22 grant, gift, bequest or devise, for the use of the common schools 23 or academy of said school district, whether the same be trans- 24 ferred in terms to said board of education by its proper style, or 25 by any other designation, or by any person or persons, or corpora- 26 tion, for the use of said schools or academy. n l. 3 ± 134 ; _ ! ,. 1 § 196. It shall be the duty of the board of education between 2 the first and fifteenth days of October "of each year, to prepare 3 and publish in one or more of the newspapers printed in the city 4 of Ithaca, a true and correct statement of the receipts and dis- 5 bursements under the provisions of this act, for the preceding 6 year ending August thirty-first, in which account shall be stated \ t r 7^ under appropriate heads: 8 1. The money raised by the board of education and received 9 by the treasurer for its. use. 10 2. The school moneys received by its treasurer from the county 11 treasurer. 12 3. All other moneys received by its said treasurer subject to -V 13 the order of the board of education, specifying- the sources from 14 which they shall have been derived. I 15 4. The manner in which such sums of money shall have been 16 expended, specifying the amount under each head of expenditures, 17 and the person or persons to whom the money has been paid. 18 5. Such other information as said board shall deem proper in 19 regard to the condition of the schools under its care. 20 § 197. It shall'be the duty of the clerk of the city immediately 21 after the election or appointment of any person to any office men- 22 tioned in this title, personally or in writing to notify him of 23 his election or appointment, and any person who, without suffi- 24 cient cause, shall refuse to serve therein shall forfeit the sum 25 of ten dollars ; and every person so elected or appointed, and not 26 having refused to accept, who shall neglect to discharge the du- 135 ties of said office shall forfeit the sum of twenty dollars to said 2 board of education. It shall be the duty of said board of educa- 3 tion forthwith to prosecute for all forfeitures and penalties under •* this title when voluntary payment is refused; and to apply all 5 money when received to the purpose of education in said district. $ All officers mentioned in this title shall- be deemed public officers « within the intent and meaning of the pxiblic officers law and the ■8 penal code, and as such liable to the penalties therein prescribed, 9 in addition to the penalty in (this section before provided. 10 g 198. The board of education may, when it shall deem it ad- 11 visable, appoint a superintendent of schools for the said school 12 district, who may ex officio be secretary of said boardr He shall 13 be under the direction of the board of education, and 'it shall 14: prescribe his general duties. In addition to such other duties 15 as may be devolved upon him by the board in the visitation and 16 superintendence of the schools he shall examine the qualification • 17 of teachers, and grant certificates in such manner and form as 18 may be prescribed by the state superintendent, which shall not 19 be in force longer than a year, and which may at any time be 20 revoked by the board of education. He shall be paid a salary 21 out of the general fund, to be fixed by the board of education, 22 and may be removed from office by the vote of a majority of 23" all the members of the board. 24 § 199. All former or existing acts, or parts of acts, conflicting 25 or inconsistent with the provisions of this title, are hereby re- 136 i pealed, so far as they affect this title, but nothing in this title 2 shall be so construed as to limit, restrain or annul the powers of 3 the superintendent of public" instruction. In all matters of dis- 4 pute which shall be referred to him by appeal, and which shall- 5 arise under and' by virtue of this title, or under and by virtue q of any other act which is now, or shall hereafter be applicable ij to the schools, school officers or school property of or in said dis- g trict, his decision or orders shall be final and binding. 9 TITLE X. 10 Sinking Fund Commissioners. H Section 200. Appointment; terms. 12 "201. Oaths; bond. -**"■ ■' < 13 208. Powers and duties as to sinking fund and invest- 14 ment thereof. 15 203. City chamberlain to pay them moneys for sinking 16 fund. 17 204. To serve without pay. 18 • 205. Eeports. * ^ 19 § 20O. Within one month, after the passage of this act the 20 mayor shall nominate and appoint,- subject to confirmation by the 21 common council, three sinking fund commissioners; one for a 22 term to end with December thirty-first, nineteen hundred and 23 ten, one for a term to end with December thirty-first, nineteen 24 hundred and eleven, and the other for a term to end with Decem- 25 ber thirty-first, nineteen hundred and twelve. In December, 26 nineteen hundred and ten, and annually thereafter one sinking 137 1 fund commissioner shall be appointed in the manner above pro- 2 vided for the term of three years to commence on the first day of 3 January. A vacancy arising other than by expiration of term 4 shall be filled, in the same manner, for the unexpired term. Every ^ incumbent shall, however, continue in office until his successor -q shall qualify. ■ij " § 201. Each sinking fund commissioner before entering upon g the performance of the duties of his office shall take and file with 9 the city clerk the usual constitutional oath and shall execute and 10 file with the city clerk a bond, with a surety company as surety, H to be approved by the common council and in a penalty fixed 12 by it, conditioned for the honest and faithful performance of the- -io duties of his. office and the payment and' accounting for all 14. •moneys and, securities ( which may come into his hands. • 15 The premium cost of any such bond shall be paid by the city. 1Q The powers^ and duties of said sinking fund commissioners 17 . shall commence as soon as they are appointed and qualify. 18 § 202. Said sinking fund commissioners shall take possession 19 of and receive all- moneys and securities now constituting a sink- 20 ing fund on account of any bonds or indebtedness of the city, and .21 shall receive and invest all/moneys hereafter raised by the city 22 for a sinking fund as required by any title of this act or any law 23 of the state, and shall invest the same and keep them invested in 2 4 the bonds of the city or other safe interest-bearing bonds until 25 such time or times as said fund and interest accumulation, or t • 33 26 u 138 some part thereof; may be used in payment and cancellation of 9 ; "' " bonds of the city. The- provisions contained in title seven of ^ this act as to certain bonds and sinking fund therefor are hereby i 4 referred to as applicable, so far as may be, to the sinking fund k . . commissioners. " § 203. The city chamberlain shall pay to said sinking fund ' commissioners., any and all moneys -which he may collect and receive for the purposes of a sinking fund, by virtue of any city- tax levy, as determined by ^he common council. § 204. The sinking fund commissioners shall serve -without compensation or salary. '■$ ,',■' § 205. They shall annually, and at such other time? as in this act provided or the mayor or common council may require,. make -a report of their proceedings and investments, showing the- state and amount of any sinking fund under their management lb and control. 17 TITLE XI. • - - * " Miscellaneous. 19 Section 206. Vacancy; absence or disability of mayor; acting: 90 * **'■ *" mayor. . > "■ 20T. Vacancies in other elective offices; how filled. 22 208. Vacancies in appointive offices; how filled. 99 \ 209. Eonds of appointive officers. 24 210. Eligibility to elective offices. OK * 211. Delivery of papers to successors, 26 '212. Competency as jurors and otherwise. 139 Section 213. Double costs to defendant in certain cases. 214. Razing of buildings at fires. 215. Ordinances continued in force. 4 -,' 216. Purchases without authority prohibited. 217. Eesolution must specify amount to be expended. 218. Audit of accounts; compensation of officers. » _, 219. Accounts to be verified. *. 220. 'Claims for damages ; ^notice required ; notice of Q ' • * a intention before bringing action; limitations. 10 221".- Disorderly persons. H 222. Actions for penalties and forfeitures; procedure; 12 witnesses; who may authorize action. 13 223. Execution in such cases. 14 '■ 224. Evidence of ordinances^ et cetera. 15 '225. Evidence of charter. 16 226. Notice, how served. 17 227. Notice, proof of seryice. 18 228. Service of process on a corporation; jurisdiction. # 19 229. City a town as to jury lists. 20 230. Appointive officers; removal. 21 231. Official papers; publication therein. 22 232. Term, powers and duties of justices of the peace 23 to end with December thirty-first, nineteen hun- 24 dred and eight. 25 233'. Terms, powers and duties of certain other appoint- 26 ive commissioners to end with December thirty- 27 first, nineteen hundred and eight. ; 140 Section^ 234. Terms, powers .and duties of certain other ap- 1 i . pointive officers to end with December thirty-first, 2 • '. nineteen hundred and eight. 3 235. Definition of words. . ,-. 4 - '' ' 236. Construction. ; 5 s 237. Effect of, repeal, , ' 6 238. Acts repealed. 1 239. When to take effect. 8 "€■ ; § 206. In case the mayor shall be unable to perform the 9 duties of his office in consequence of sickness -or absence from 10 the city, or if there shall be a vacancy in the office, the common council shall appoint by ballot one, of its, members to preside at its meetings, and the presiding officer thus chosen, shall be vested 13 with all the powers, and perform all the duties of the mayor , of the city, until the mayor shall resume the duties of his office, 15 or the vacancy shall be filled, for the unexpired term by election according to law. The officer so appointed shall be styled " acting mayor," and shall sign all necessary thereto the words " acting mayor." § 207. If a. vacancy shall happen in any elective office other than mayor, the common council, or in case of a vacancy in j), office of a commissioner of education, the board of education, 2 3 shall fill i. the same by appointment i until the commencement of 2i the political year next succeeding, the first annual election after 25 the happening of the vacancy; at which said election some quali-' 26 fied person shall be elected to such office for the residue of the 2Y term thereof, according to the provisions of this act. mayor," and shall sign all necessary papers with his name, adding 18 141 1 ; § 208. If a vacancy shall happen in any appointive office pro- 2 vided or authorized by this act, it shall be filled by appointment 3 for the. unexpired term by the same body or board and in the 4 same manner as an appointment for a full term. ■5 § 209. The, common council or any board possessing appoirit- 6 ing power may require- any of its appointees to any office or duty 7 to give a bond, with one or more sureties, for the faithful per- 8 formance of , his duties and accounting for and paying over moneys 9 ■ coming. 1 into his hands, in a- penalty to be fixed by the appointing 10 body ;. and such bond to be approved by said body. 11 § 210. Ho person shall be eligible to any elective office pro- 12- vided by this act unless he is legally assessed*- in his own name 13 .for taxable property -and liable for city taxation on the last assess- 14 . rrient-roll of the city. v 15 .§ 211. If any person, having been an officer in said city, shall 16 not, within ten days after notification and request, deliver to his 17 successor in office all the property, papers and effects of every 18 description in his possession or under his control, belonging to 19 said city or pertaining to his office, he shall forfeit and pay for 20 the use of the city one- hundred dollars, besides all damages caused 21 by his neglect or refusal to deliver. 22 § 212. ISfo person shall be an incompetent judge, justice, wit- 23 ness or juror, by reason of his 'being an inhabitant or freeholder 24 or taxpayer in the city of Ithaca, in any action or proceeding 25 i n which; the said city is interested. 26 L. 36 142 1 § "213. Every person now or hereafter elected or appointed 2 under this act to any office, who shall fee sued for any act done- • 3 or omitted to be done under such election of* appointment^ and 4 any person who shall fee sued for any act" or thing done fey the 5 command of any officer, shall, if any final judgment fee rendered ■ > 6 thereon, whereby any such defendant shall be entitled to costs,, ;■ ■*■ " 1 recover increased costs, as provided by section thirty-two 'hun- 8 dred and fifty-eight of the code of civil procedurer 9 § 214. The mayor or acting mayor shall haVe power to cause- 10 buildings to be pulled down, blown up or removed for the pur- 11 pose of arresting the progress,of fires, and for the extinguishment 12 of the same. In every case where a building shall be pulled down y 13 blown up or removed under -such authority for the purposes 14 aforesaid, and .said building shall be insured/ the owner thereof 15 shall be entitled to recover from the said city, damages- to the 16 same extent that he would have been entitled to recover against 1? the insurers, in case such building had been destroyed by fire. 1^ § 215} All ordinances, rules and regulations and by-laws .hereto- 19 fore passed by the common council of said city, or by any board 2 fi thereof, and not inconsistent with this act or with law, shall 21 continue in full force and effect until amended or repealed. § 216. JSTo officer of the city, or any other person, shall have go / power of, and each and every person is prohibited from making * 24 * any purchase, or contracting any debts on the part of the city unless duly and fully authorized so to do ; and no account, claim 36 ' J m or demand shall be audited, allowed or paid unless the same was 27 duly authorized. \ 143 1 § 217. All resolutions adopted by the common council or any !i 2 board of the city, authorizing the expenditure of money, shall ap- -* « 3 .propriate specifically the amount 4 to be expended, and no extra 4 or additional compensation shall be allowed or paid on any con- 5 tract, or to any officer, person or persons, for any services, or 6 work done or materials furnished to the city. 7 § 218. The common council shall, in such manner and form .\ - 8 as it may deem proper, examine, settle and allow all accounts 9 chargeable against the city, as well of 4 its officers as of other per- 10 sons, except as herein otherwise provided ;'and sha^l determine and 11 prescribe the compensation, if any, to be paid to any officer .elected 12 or appointed under this act, not otherwise herein provided. 13 .-§ 219. The common counpil of said city shall not audit any 14; account for services rendered, materials furnished or disburse'-- 15 ments_paid out in such services unless such account shall be made- 10 out in items, and accompanied with an affidavit attached thereto,. 17; and to be filed with such account, made by the person (or by on© 18 of the persons, when more than one person is interested in -a bill) 19 presenting or claiming the same, that the items of such account 20 are correct, that the services and disbursements charged therein 21 Jhave been, in fact, made and rendered and that no part thereof 22- has been paid or satisfied. § 233. The terms of office, powers and duties of the present r* V members of the Ithaca water board, of the board of creeks, drain- 5 age and park commissioners, and of the board of sewer commis- 9 sioners of the city of Ithaca shall end with the thirty-first day '10 of December, nineteen hundred and eight, or as soon thereafter 11 as the commissioners of public works herein provided shall qualify. "12 § 234. The terms of office, powers and duties of the present 13 treasurer, collector, city superintendent, city clerk, city attor- 14 ney and overseer of the poor shall end with the thirty-first day 15 of December, nineteen hundred and eight, or as soon thereafter 16 as the successors to their respective powers and duties as provided 17 in this act shall qualify. 18 § 235. The word " his " as used in this act shall, in all proper 19 cases, be held to include and be coextensive with the words " her," 20 "it" and "their;" the word "person" shall be held to include 21 and be coextensive with the words "persons," "company," , 22 " joint stock association "" and " corporation;" the word " street " 23 shall be held to include and be coextensive with " roads," " ave- 24 nues," "highways" and "alleys;" the word "work" shall be 25 * held to include and be coextensive with " improvements " and 26 "repairs;" the word "materials" shall be held to include and 152 1, be coextensive with, "^sfipplies," "stationery," " books," " fur- 2 niture " and " repairs to furniture ;" the word " tax " stall in g all proper cases be held to include and be coextensive with " water 4 rents or rates," " assessments' or reassessments' for local improve- 3 ments;" the word "board" shall be held to include and be co- .0 extensive with l i commission," and the singular noun shall be y held to include and be coextensive with the plural. A refer- ' i • > g ence to the bode of civil procedure, to the code of criminal pro- i: 9 cedure, to any statute, to the rules of practice, of any sections 10 or parts thereof, shall be held to refer to such code of civil .pro- 11 cedure, code of criminal /procedure, statutes and rules of prac- « 12 tice as the same now exist or as they may from time to -time 13 hereafter be amended. The expressions " according to law," 14 " pursuant to law," and " by law," and any reference to law 15 shall be held to refej to the law as now existing or -as hereafter 16 from time to time amended or changed. 17 § 236. The provisions of this act, so far as they are substan- 18 tially the same, or cover the same subject matter as those of 19 any law repealed hereby, shall be construed as a continuance of 20 such repealed law, modified or amended, according to the lan- 21 guage employed herein and not as new. enactments. References 22 in a law not repealed to the provisions of any law incorporated 23 into this act shall be construed as- applying to the provisions so 24 incorporated. The meaning and ' effect of the terms and lan- 95 ■ guage used herein shall be construed in accordance with the 26 provisions of the statutory construction law. This act is intended 153 to be and shall be deemed and held in all courts to be a public * act of which the court shall take judicial notice, and shall be 3 liberally construed so as to carry into effect the objects and pur- ^ poses thereof. 5 § 237. The repeal of a law, or any part of it, by the provisions 6 of this act, shall not affect or impair any act done or right ac- f cruing, accrued or acquired, or penalty, forfeiture or punish- es ment, or any "bar, limitation or defense incurred prior to the 9 time when this act takes effect, under or by virtue of the law 10 so repealed, but the same may be asserted, enforced, prosecuted 11 or inflicted as fully and to the same extent as if such law had 12 not been repealed, except as bars, limitations and defenses which 13 it is specifically provided herein may not be asserted or enforced -14 against the city, its boards or officers';* and all actions or pro- 15 ceedings, civil or criminal, commenced under or by virtue, of 16 any law so repealed and pending when this act takes effect, may 17 be prosecuted and defended to final effect in the same manner 18 as they might under any such law so repealed, unless it be other- 19 wise specifically provided herein. Any limitation or bar imposed 20 by any act repealed hereby shall be computed 1 from the time the 21 same began- to run, and if the whole time thereof has been com- 22 pleted^ when this act takes effect, such bar or. limitation/ shall 23 become absoluterexcept as to bars, limitations and defenses which 24 it is specifically provided herein may not be asserted or enforced 25 against the city, its boards or officers; but if the whole time 26 L. ^ 39 154 1 thereof has not been completed, the time thereof which has run' 2 before the taking effect of this act shall be computed as a part 3 of the time provided by this act as such limitation or bar. The 4 repeal hereby of a law or part thereof does not revive a law 5 repealed by the law or part thereof hereby repealed, and includes 6 all laws amendatory of the laws hereby repealed. 7 § 238. All .acts and parts of acts inconsistent with and re- 8 pugnant to the provisions of this act, so far as they affect the 9 city of Ithaca, are hereby repealed; and chapter two hundred - c 10 and forty-four of the laws of eighteen hundred and seventy-one, 11 chapter two hundred, and twelve of the laws of eighteen hundred 12 and eighty-eight, chapter two hundred and ninety-five of the 13 laws of eighteen hundred and eighty-eight,- chapter three hun- 14 dred and fifty-eight of the laws of eighteen hundred and. ninety- 13 three, chapter one hundred and sixty-two of the laws of eighteen \16 hundred and ninety-five, chapter one hundred and eighty-one of 17 the laws of nineteen hundred and three, and chapter three hun- 18 dred and forty-five of the laws of nineteen hundred and six, and 19 all acts amendatory of any of them, are hereby repealed. 20 § 239. Except as herein otherwise provided this act shall take 21 effect on the first day of January, nineteen hundred and nine.