Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030539252 Cornell University Library JS954 .A15 1908 r,^ . . LOCAL - TOMPKINS The charter of the city of Ithaca. [Three hundred and mnety-nin'e lolios.] '"'■ ' — 3 1924 030 539 252 LAWS OF NEW YORK.- oiin [Every law, unless a different time shall be prescribed therein, shall not take effect until the twentieth day after it shall have become, a law. Section 43, article II, chapter 8, General Laws.] Chap. 503. AN ACT to consolidate and revise the several acts relative to the city of Ithaca. Became a law. May 23, 1908, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New Yorh, represented in Senate and Assembly, do enact as follows: THE OHAHTEE OF THE CITY OF ITHACA. Title I. Short title ; boundaries ; civil divisions ; incorpora- tion of city (§§ 1—5). II. City officers ; elections ; appointments ; vacancies ; bonds; powers and duties (§§ .6'-27). III. The common council (§§ 28-36). IV. Assessment and taxation (§§ 37-53). V. City court (§§ 54-101). VI. Department of public works (§§ 107-162.). VII. Fire department (§§ 163-169). VIII. Department of education (§§170-199). , IX. Sinking fund commissioners (§§ 200^206). X. Miscellaneous (§§ 207-2-11). TITLE I. Shoet Title ; BotrNDAEiES ; Civil Divisions ; Incoepoeation- OF City. Section 1. Short title. 2. City boundaries. 3. Ward boundaries. 4. Change or increase of wards: 5. Coi-porate name; powers. Section 1. This act is a public act and should be known and cited by the short title of " Ithaca citj charter." § 2. All that part o! the county of Tompkins, comprised within the following boundaries, njimely: Commencing at the soutji- west corner of DeWitt's location so called, being the fourteen hundred acres conveyed to him by Abraham Bloodgood by deed dated December first, seventeen hundred and ninety-two'; thence due east along the south line of said location and the south line produced, to a point three thousand four hundred tifty-two feet east of the east line of military lot ninety-four ; thence due north parallel with said east line of lot ninety-four to the north line of military lot ninety-two ; thence west along the north lines of lots ninety-two and ninety-four and these lines produced, to the west line of military lot eighty-seven; thence south along the west line of said lot eighty-seven and the west line of said DeWitt's location to the place of beginning, shall continue to be and con- stitute the city of Ithaca. All the territory outside of the bounda- ries of the city of Ithaca and within the boundaries of the town of Ithaca shall constitute the town of Ithaca, and the said city and town shall be separate and independent of each other. § 3. The said city shall.be divided into five wards, respectively, as follows : "First ward. — The first ward shall be all that part of said city boimded on the east by a line commencing in the north line of said city in the center of the Cayuga inlet, thence running up the center of said inlet to the center of Fifth street; southerly along the center of Fifth street to the center of Cascadilla street ; east along the center of Cascadilla street to the center line of Park place; south along, the center of Part place to the center line of Buffalo street ; west along the center of Buffalo street to the center line of Corn street, and south along the center line of Corn street, extended, to the south line of the city. Second ward. — The second ward shall be that part of said city bounded by the south line of the city, the center line of Aurora street to the center line of Buffalo street, the center line of Buffalo street to the center of Tioga street, the center line of Tioga street to the center of State street, the center line of State street to the center of Corn street, and the center line of Com street, extended, to the south line of the city. Third ward. — The third ward shall be that part of said city bounded by the center line of State street, the center line of Tioga street to the center of Mill street, the center line of Mill street to the center of Cayuga street, the center line of Cayuga street to the center line of Cascadilla creek, the center line of Cascadilla creek and Lake avenue extended to the north line of the city; by said north line to the center of Cayuga inlet, the 'ceijter line of Cayuga inlet to the center of Fifth street, the center line of Fifth street to the center of Cascadilla street, the center line of Cascadilla street to the center of Park place, the center line of Park place to the center of Buffalo street, the center line of Buffalo street to the center of Corn street, and the cejiter line of Corn street to the center of State street. Fourth ward. — ■ The foiirth ward shall be that part of said city bounded by the south and east lines of the city, the center line of University avenue to the center of Cascadilla creek and Linn street, the center line of Cascadilla creek to the center of Tioga street, the center line of Tioga street to the center of Buffalo street; the center line of Buffalo street to the center of Aurora street and the center line of Aurora street to the south line of the city. FifA ward. — The fifth ward shall be that part of said city bounded by the east line of the city from the center of Univer- sity avenue north, the north line of the city as far west as the center of Lake avenue extended from Cascadilla creek, the center line of said extension and the center line of Cascadilla creek as far southerly as the center of Cayuga street, the center line of Cayuga street to the center of Mill street, the center line of Mill street to the center of Tioga street, the center line of Tioga s:treet to the center of Cascadilla creek, the center line of Cascadilla creek to the center of Linn street and University avenue, and the center line of University avenue to the east line of the city. § 4. Whenever the population of any ward shall exceed that of any other by ten hundred inhabitants the common council may alter the boundaries of the wards or increase the number thereof, so that the population in each ward shall be equal as near as conveniently may be, and shall by resolution, to be entered in the minutes of the common council, declare the limits of each ward, which resolution shall be published in one or more of the city papers for two succesxsive weeks ; but no new ward shall be created with a population of less than two thousand. § 5. The citizens of this state, from time to time inhabitants within the aforesaid limits, shall be a corporation under the name and style of " The City of Ithaca " and in that name may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure ; and .may receive by gift, grant, devise, bequest or purchase, and Hold and convey, swsk real or personal estate, either within or without the city limits, as the purposes of the corporation may require. All the real estate and personal property now owned or .possessed by, or held in the name of, or in trust for, the mayor and common council of the city of Ithaca, are hereby vested in the city of .Ithaca, with power to hold or convey the same as the purposes of said corporation may require. TITLE II. City O'ffigees; Elections; Appointme'nts ; Vacancies; • Bonds ; Powers and Duties. Section 6. City officers. 7. Failure to qualify. 8. Qualifications, of voters. 9. City election; polling places. 10. Election districts. 11. Certificates of election. 12. Oath of office. 13. Municipal year. 14. Election in JSTovember, nineteen hundred and eight; terms of office. 15. Mayor; his powers and duties. 16. Aldermen; their duties. 17. Supervisors ; duties and compensation. 18. City attorney; his duties and compensation. 19. Assessor and associate assessors; their powers and duties. 20. Commissioner of buildings; his powers and duties. 21. Police commissioner; qualifications, powers and duties. 22. Police; their several powers and duties. 23. Constable; their powers and duties. 24. Commissioner of charities; his qualifications and duties. 25. City clerk; his duties. 26. City chamberlain; his powers and duties. 27. Board of health ; powers and duties. § 6. The officers of said city shall be as follows : A mayor, and a city judge, to beielected on a general ticket by the qualified voters of the city; two aldermen and one supervisor from each ward, to be elected by the qualified voters of the city residing in each ward, respectively; a city attorney, a city chamberlain, an assessor, two associate assessors, six commissioners of public work, six commissioners of public health, three fire commissioners, a commissioner of buildings, a police commissioner, a commis- sioner of charities, three sinking fund commissioners, such mem- bers of the police force, general and special, and such con- stables, as in the judgment of the common coimcil may be deemed necessary, and such officers as are hereinafter, or by the general laws of the state, authorized and provided, all of whom shall be appointed by the mayor except as otherwise herein or by said general laws provided. The siame person may be so appointed to hold one or more of said offices at the same time. A city clerk and a city superintendent shall also be officers of the city and shall be appointed by the board of public works hereinafter provided. Before an.y person shall be so appointed to one or more of said offices the common council, except as otherwise provided for, shall fix the maximum rate of compensation to be paid for per- forming the duties of each of said offices, which maximum rate shall not be changed during the incumbency of the appointee next thereafter appointed thereto. The common council may also, prior to each of such appointments, prescribe the duties of such officers in addition to and not inconsistent with the duties prescribed by this a.ct, except as otherwise provided for; and, subject to such provisions of the common council and to the pro- visions of this act, the mayor shall prescribe the duties and fix the rate of compensation of all officers appointed by him. § 7. Every person elected or appointed to office under this act, who shall refuse or neglect to take and file the oath of office here- inafter required, prior to the beginning of the term for which he was elected or appointed, shall be deemed to have declined the office and his place shall be filled as in case of a vacancy, and he shall forfeit twenty-five dollars to be due and collected in the name of and for the benefit of the city. Nothing herein con- tained, however, shall prevent a person appointed to office from declining the appointment by making his declination in vrriting and filing the same with the city clerk within the period above provided, in which case no penalty shall attach. § 8. Every inhabitant rf siding in the city of Ithaca who shall, at the time and place of offering his vote, be qualified to vote for member of assembly, shall be entitled to vote for the officers to be voted for by virtue of this act in the ward where he shall be so qualified. § 9. The annual city and ward election shall be held on "the same day and at the same places with the state general election. Elections held nnder this act shall be governed by the general election law of the state where it is not inconsistent with the pro- visions of this act, and all certificates of nomination shall be filed as provided therein. Separate returns as to city officers voted for shall be filed by the inspectors in the office of the city clerk within twenty-four hotlrs after the completion of the canvass. § 10. The common council shall have authority to subdivide the several wards into election districts in accordance with the general election laws; and said districts, when so designated by said council, shall constitute election ^districts for all general and other elections to be held in said city unless herein otherwise provided ; and all provisions of law applicable to election districts and to the inspectors and other officers of election thereof and therein shall apply to said election districts, inspectors and other election officers. § 11. The common council shall convene on the second Wednes- 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 cVty clerk by the inspectors of election shall be produced by the clerk. The common council shall forthwith determine, declare and cer- tify in the manner now provided by law, who, by the greatest iiumber of votes, are duly elected at the said election to the various elective offices hereinbefore named; such certificates shall be made in duplicate, one of which shall be filed with the clerk of said city, and the other with the clerk of Tompkins county. § 12. All elective officers shall take the oath of office prescribed by the constitution of the state and shall enter upon the duties of their respecti\'e offices on the first day of January following their election, and all appointive officers shall take their office the day after their appointment, except as herein otherwise provided. § 13. The municipal year in the city and the term of all elec- tive officers shall begin on the first day of January, and the term of all elective and appointive officers shall expire on the last day of December of the last year for which they were respectively elected or appointed, except as may be in this act otherwise pro- vided ; provided, however, that every officer of said city shall hold his office until his successor shall have qiialified. ' § 14. At the general election held in ISTovember, nineteen him- dred and eight, there shall be elected, in addition to the mayor, a city judge. The term of the mayor then elected shall end with the thirty-first day of December, nineteen hundred and eleven; and the term of the city judge elected at that time shall end with the thirty-first day of December, nineteen hundred and eleven. At the annual election in ISTovember, nineteen hundred and eleven, and each odd numbered year thereafter, a mayor shall be elected to hold office for two years. At the annual election in November, nineteen hundred and eleven, and each fourth year thereafter, a city judge shall be elected for a term of four years. Aldermen shall be elected each for a term of two years. The aldermen in office when this act takes effect shall serve out the remainder of the term for which they were resipectively elected. At the ymnal election in ISTovember, nineteen himdred and eight, there shall be elected two aldermen from the fifth ward, one for a term of • one year and the other for a term of two years. Thereafter at each general election there . shall be elected one alderman from each ward in place of the alderman from each ward whose term of office shall next thereafter expire. The^ supervisors in office when this act takes effect shall serve out the remainder of the term for which they were respectively elected, and at the general lelection in November, nineteen hundred and eight, a supervisor in the fifth ward shall be elected for a term of one year. Thereafter at the general election next preceding the expiration of the term of any supervisor, a successor shall be elected for the term of two years, or such term as may be otherwise provided. § 15. The mayor of the city of Ithaca shall be the chief execu- tive magistrate thereof and shall, when present, preside at all meetings of the common council. Tt shall be his duty to take Kjare that within the city the laws of this state and the ordinances and by-laws passed by the common council shall be faithfully executed, and as head of the police of said city to arrest or cause the arrest of all persons violating the same; to exercise a con- stant supervision over the /sonduct of all subordinate officers ; and to receive and examine into all complaints against them for mis- conduct or neglect of duty ; to appoint, at the first meeting of the common council in each year, or as soon thereafter as may be,-. all standing committees required by the rules of the common council, and all special committees of the common council unless by- it otherwise ordered ; to recommend in writing to the common council, from time to time, such measures as he shall deem neces- sary or expedient for it to adopt; to approve or disapprove of all bills, orders, resolutions or ordinances which shall have passed the common council, and if he disapproves, he shall return the same to the common council or to the clerk thereof with his objectioa in writing, which shall be iiled by the clerk, and the common council inay, at its next meeting, thereafter, proceed to recon-. sider such ordinance, resolution, order or act thus disapproved, and if the same shall- be passed by the votes of two-thirds of all the aldermen then in office, the same shall have -full force and effect, notwithstanding the objection of the mayor. If any such bill, order, resolution or ordinance shall not be so returned by the mayor to the common council or clerk within five days after it shall have been passed such ordinances, resolution, order or act shall have full force and effect in like manner as if duly approved by the mayor, unless the term of office of the mayor- ^all have expired within five days after the same shall have been passed, in which case such ordinance, resolution, order or act shall have no force. He shall have power, summarily, to hear, try and determine any complaint for misconduct or neglect of duty against * any officer of the city appointed by the mayor, and to suspend or remove said officer, provided, however, that at the next meeting of the common council after such removal he shall state his reasons therefor in writing, which shall be spread upon the minutes kept by the common council. He shall have power, siimmarily, to revoke any license issued by him to any milkman, hackman, cart- man, peddler, street dealer, or for the exhibition of any show. When authorized by the common council or board of public works so to do, he shall execute in behalf of the city all deeds, contracts and other papers to be executed as the act of the city. He shall have power to administer oaths and take affidavits and acknowledg- ments; he shall have power to prescribe the duties, and fix the rate of compensation of all officers appointed by him and of all employees of the city not otherwise provided for by this act. The mayor shall possess all the power and authority conferred upon the mayors of cities of the same class by any general statute of the state. He may, upon complaint being made to him under oath, issue a warrant to any police officer in the city of Ithaca to arrest any person charged with any crime or misdemeanor, or with violation of any of the laws or statutes of the state within said city, and bring such person for examination or trial before the recorder or acting recorder ; and such warrant miay be executed by any officer to whom it is directed at any place within the state without indorsement. When such process shall be made return- 9 able before tbe city judge, such officeij upon the' same being returned to him, or the prisoner ^arrested by virtue thereof being brought before him, shall take and acquire jurisdiction of the subject-matter and proceed with the case to the same extent and in the same manner and in all respects as if such process had been originally issued by him. He shall have power at all times to t examine the books, vouchers and papers of any officer or em- ployee of said city, and to summon and examine, under oath, any person connected therewith. It shall be the duty of the mayor, either in person, or by the aid of a competent expert, to know the manner in which the accounts of the city and of the various boards are kept; to exercise general supervision thereof; to re- quire the submission of the statements provided for by this act, and such additional statements as he may deem necessary ; and to cause the annual statements to be published ; to exercise the right of veto as to any resolution of any board created or continued . by this act making unlawful expenditure, or any expenditure in excess of its appropriation not otherwise provided for; to make recommendations for the consideration of -any of said boards, and to make such investigations and reports in regard to the work and transactions thereof as he may deem necessary or advisable for the information 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; 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 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 \^ 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 aeneral and special sessions of said board, and to act and vote upon all measures coming before the board for its action and dete^-mination. They shall have the same compensation allowed by law and in the same manner as supervisors of towns for similar service. § 18. The city attorney shall prosecute and defend all actions and proceedings by and against the city and every department thereof. He fhall be the official leg'al adviser of the mayor, the 10 common council, the boards and other officers of the city. He shall, when required, prepare all legal papers, contracts, deeds and other instniments for the city and the different departments thereof, and attend the, meetings of the common council and of the board of public works. He shall, when desired by the board 'of 'public work'-:, attend to all the proceedings imder this act, in relation to improvements, local or otherwise, and conduct the ^ same in a legal manner. It shall be his duty to pass upon the legality of all bills or claims presented to the common council or the board of public works which may be submitted to him for that purpose, and he shall perform such other professional services I relating to the city as the mayor or common council may direct. It shall be his duty to appear in behalf of the people in pro- ceedings before the city judge whenever in the judgment of the mayor or a majority of the members of the common council or board of public works, the interests of the city require it. If the city attorney certifies to the common council that he needs the assistance of additional counsel on questions or matters submitted to him, or if in the judginent of the mayor other or additional counsel should be employed, the common council may authorize the mayor to employ counsel thereon; and except upon such authorization the city attorney shall be the sole attorney and coimselor of the city and of its various boards and departments. Whenever any papers in any proceeding or action, by which the city is affected, shall be served on any officer of the city, he shall forthwith deliver the same to the city attorney, who shall there- upon take such action in the matter as shall be necessary to pro- tect the interests of the city until the next meeting of the common council, when he shall report thereon with his proceedings and recommendations therein. He shall keep a record or register of all suits and proceedings which, as city attorney, he shall have in charge. ' He shall have power to atithorize any attorney to appear for him, temporarily in case of his absence or illness, for and in behalf of the city in any suit or proceeding. All costs of actions and proceedings, when the city is a party, shall belong' to the city, and when collected shall be paid to the city chamber- lain and credited to, and form a part of, the contingent fund, -i The city attorney shall, at the expiration of his term of office, deliver to his f.uccessor, as soon as qualified, the record or register of all suits 'and proceedings in which the city or any of its depart- ments may be a party, and all papers therein in his possession, and shall sign stipulations substituting such successor, as attorney 11 for the city, to the end that a suitable order may be entered making such substitution. The common council shall pay the city attorney all disbursements or expenses which he may legally incur in behalf of the city and which may be incurred under the direction of the common council or mayor or any board or officer, as provided by this act. He shall receive for his salary one thousand five hundred dollars per annum, payable monthly, and no other fee or reward, except necessary expenses and disburse- ments incurred by him. § 19. The assessor in office when this act goes into effect shall serve during the remainder of the term for which he was appointed. At the first meeting in January, . nineteen hundred and nine, the mayor shall appoint one associate assessor to serve fox one year, and one associAe assessor to serve for three years. Thereafter as their several terms expire, successors shall be ap- pointed to servo'for the regular term of three years. The associate assessors shall not at any time both belong to the same political party. It shall be the duty of the assessor with the aid of the associate assessors to prepare and file with the city clerk on or before the first day of April in each year an assessment-roll of all the taxable inhabitants and property of said city. Upon 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 gTievance day shall not be later than the fif- teenth day of April in each year. Such notice shall be published at least three times in each of two newspapers published in the city, and shall also be posted in ten public and conspicuous places in each ward at least ten days before the day specified therein. The assessment-roll, after such hearing and review, shall be completed, certified and filed with the clerk of the said city on or before the first day of May in each year. The assessor shall possess all the powers and authority of town assessors and be governfd by the general statu.tes relating thereto so far as appli- cable. He shall perform the duties required of him in relation to the assessment of property in the city for the purposes of levying taxes imposed either ^mder the provisions of this act or by the board of supervisors of Tompkins county. He shall make four copies of the assessment-roll, one of which shall be kept in his office, one furnished to the city chamberlain for the col- lection of city taxes, one fitrnished to the board of supervisors for 12 the collection of state and connty taxes and one furnished to the- board of education for the collection of school taxes. The. asso- ciate assessors shall act with the assessor as a board of revision,/ equalization and grievance, each to have equal power with the assessor in altering and changing assessments by a majority vote. They shall, upon the completion of the assessment-roll, carefully.: inspect the same and assist the assessor in adjusting the assessed values upon an equalized basis, and shall be present upon griev- ance day for ihe purpose of hearing complaints and of making alterations or changes found necessary. The annual salary of the assessor shall be six hundred dollars, payable monthly, and of the associate assessors one hundred dollars each, payable quarterly. § 20. The commissioner of buildings, at reasonable times, shall enter and examine all premises and buildings and ascertain if they are in a dangerous state in regard to fires. He shall have power to prevent all practices which may be a menace to life or property or make buildings and property^ more hazardous from fires; to prevent and regulate the construction of any buildings chimney, fireplace, heater, stove, stove-pipe, oven or furnace, re- pository for ashes or charcoal, boiler, furnace, or other apparatus or thing whatever which may be considered dangerous with respect to fires, and to cause the owner or occupant of any premises upon which shall be found anything dangerous as aforesaid, to remove the same or put it in a safe condition ; to examine any .and all buildings in the city which may be dangerous by reason of uses employed therein, or because of their construction, mode of occupancy or location as to other contiguous property, and report thereon to the common council; and upon resolution of said common council to order suitable fire-escapes to be placed and maintained xipon said buildings; and in case the owner or occupant shall refuse or neglect to do so or to comply with any of the orders, rules and regulations adopted by the commissioner of JDuildings in order to prevent occurrence of fire, or to lessen the danger therefrom the common council, upon report made to it by the commissioner of buildings of the violation of any of his orders or provisions, or neglect to comply with his directions, shall have power to cause the same to be done at the expense of the owner or occupant and to collect the cost and expenses thereof by suit in the name of the city brought against the person or persons violating the rules and regulations, or refusing to comply 13 therewith, in the city court of the city, or by assessment of the expense thereof upon the property so improved or benefited thereby, and collection of the same by warrant issued to the city chamberlain, to be enforced in the manner provided for the col- lection of taxes. The common council may adopt ordinances to assist the commissioner of buildings in enforcing rules and regu- lations adopted by him, and prescribe penalties for the violation thereof. XotLing contained in this act shall be construed as preventing the chief engineer of the fire department of the city of Ithaca from acting in the capacity of commissioner of build- ings. The salary of the commissioner of buildings and terms of payment shall be fixed by the common council. § 21. There shall be a police commissioner to be appointed by the mayor. No person shall be appointed to the office of police commissioner, chief of police, or sergeant, nor any person be appointed a policeman who, at the time of appointment, shall be engaged or interested in a saloon or hotel, or in. any wise con- cerned in the manufacture or sale of spirituous or malt liquors, ale or beer; and in case any person appointed to such office shall during his term engage or become interested in any of the occu- pations specified, his term of office shall thereupon cease and the office become vacant. The police commissioner shall control and regulate policemen of the city, who shall be appointed by the mayor. The policemen and officers of the force now in office shall continue to be policemen, but each .subject to removal by the mayor when found to be incompetent, negligent or guilty of misconduct in and about, or unable to perform, the duties of his office, or guilty of wilfully violating any of the rules and regu- lations of the police commissioner or of any superior officer. The police commissioner shall have power to enforce within said city the laws of this state relating, to the police thereof. He may prefer charges against any member of the police force and may prescribe and enforce rules, by-laws and regulations for the government of the police force of the city, not inconsistent with the laws of this state, which shall" be promulgated through the ■chief of police to the whole force, and the chief shall have imme- •diate direction and control of the policemen under such rules. The police commissioner shall serve without salary. His term of ■office shall be three years. § 22. The mayor may appoint from the police of the city the ■chief of police and one sergeant. The chief of police, sergeant and policemen shall receive for their services such compensation 14 as shall be fixed by the common council. The chief and police- men shall severally possess the power and authority of constables at common law and under the statutes of this state other than in civil actions or proceedings. They shall also perform such duties as shall be prescribed' by this act and by the police com- missioner for the preservation of the public peace, the care of the city property, ana the enforcement of the police regulations and municipal ordinances of the city. It shall be the duty of the chief of police to keep a record of all arrests and of all services performed by him and. by the several policemen, and he shall keep a book to be known as the " property book," in which shall be entered all articles taken from persons arrested or seized on war- rant or otherwise, together with the disposition' made thereof. He shall, upon request of the police commissioner, make a report as to the condition of the department, and whether any member of the force is delinquent in performance of his duties, and he shall be charged with the enforcement of the rules and regula- tions prescribed by the police commissioner for the control and conduct of the several policemen, and of the directions given by the mayor or common council in relation thereto. § 2a. Any constable appointed as provided in this act shall possess the same powers, be subject to the same duties and entitled to the same compensation as prescribed by law for constables in towns of this state. § 24. ISTo person shall be appointed to the office of commis- sioner of charities who, at the time of sueh appointment, shall be a member of the common council, or engaged or interested in business as a grocer, saloon keeper or hotel keeper, or in any wise concerned in the manufacture or sale of spirituous or malt liquors, ale or beef, and should any person appointed to such office during his term become a member of the common council, or engaged in any of the occupations above specified, his term of office shall thereupon cea^e and the office become vacant, and the mayor shall forthwith appoint another in his place. The commissioner of charities is hereby vested with all the powers and duties, and shall be subject to all the obligations and liabilities now or here- after prescribed and provided by the general statutes of the state of New York, relating to overseers of the poot in towns, so ftir as the same are applicable to and not inconsistent with this act. It shall be the duty of the conimissionet to visit the poor of the city at their several places of abode, examine into their circum- stances and ascertain to what extent any of them are or may be 15 in need and entitled to permanent or temporary relief. The com- missioner shall require all persons requesting relief to make appli- cation in writing, which shall be preserved by the commissioner. The commissioner shall have power to administer oaths in the performance of his duties, and to examine under oath any persolx applying to him for relief; and false swearing during such exam- ination shall be deemed wilful perjury. The commissioner shall issue orders for all means, provisions and supplies furnished to any of the poor of the city. The city shall continij,e to be the owner of all articles or supplies furnished to any poor person or applicant, until the same are consumed, and if any person to whom articles or supplies shall be furnished shall sell or exchange the same for money or intoxicating liquors, or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor. If it shall appear to the commissioner that any person applying to him for relief requires only temporary relief, or is so disabled that he cannot safely or conveniently be removed to the county almshouse, such commissioner may pay, or contract to be paid or expended, such sum for the temporary or other relief of such poor person as the circumstances shall require, which sum shall be a city charge and shall be paid to such commissioner of charities out of the city poor fund when such poor person is a city charge, but if a county charge, the commissioner F-hall be entitled to receive the amount thereof from the county treasurer, to be by him charged to the county; but no greater sum than twenty dollars shall be contracted for, ex- pended or paid by the commissioner for any one poor person or family without the written approval of the superintendents of the poor of the county of Tompkins. The commissioner may employ a city physician for the purpose of medical care and attfudance of the poor of the city who are a city charge, for a period not exceeding one year and not beyond his own term of office, and at a. salary to be fixed by the common council not exceeding the rate of five hundred dollars per year, which- shall be a city charge and paid out of the city poor fund. The com- missioner shall, whenever requested by the mayor or common council, make his report under oath, in detail, specifying all appropriations, expenditures, temporary relief and allowance made by him as such commissioner, during such period preceding as shall be specified in the request, which report shall give the name and place of abode of each person relieved, and such statis- tical information relating to the causes of poverty as the mayor 16 may require. Also tke quality, quantity and price per pomid, or otherwise, as the case may be, of each article ordered or furnished, and from whom obtained, and the amount, by items, of all moneys which have been expended by him, for whom, when and for what purpose ; which report shall be filed with zhe city clerk. At the end of each fiscal year a full and detailed report under oath shall be submitted to the common council and filed with the clerk. All charges and accoimts against the city for services rendered, adts done or means, provisions or supplies furnished imder the direction of the commissioner of charities, pursuant to the provisions of this act, shall, upon approval by the common council, be paid from the poor fund of the city. The commis- sioner shall not directly or indirectly receive any profit from money, groceries, provisions, fuel, medicines, property or sup- plies furnished for any poor person or family, nor shall he be interested in any contract for the purchase of supplies of any character to be used for the relief of any of the poor of the city ; and for any violation of this provision the commissioner shall be removed from office by the mayor and he shall forfeit to the city a penalty of -one hundred dollars for each violation^ to be recov- ered by action in the city court or any other court having juris- diction. His compensation and terms of payment shall be fi:xed by the common council. § 25'. The city, clerk appointed by the board of public works as hereinafter provided, shall attend all meetings and act as clerk of the common council and of the board of public works ; also of the board of health. He shall have charge and keep a record of all proceedings of the common conncil and of the sev- eral boards of which he may be clerk, and properly index the same. He shall have charge of all city documents, including deeds, con- tracts, maps and records of every character, pertaining to the city of Ithaca, and to any of the departments of said city under the authority of the common coimcil or in charge of the board of public works, except those pertaining to the office of assessor, and shall cause the same to be so classified, filed and indexed that they shall be easily found and accessible at all times. He shall be provided with proper filing cabinets and a safe depository for all valuable maps and documents ; he shall draw warrants upon the city chamberlain for all bills audited by the common council and by the bo'ard of public works, and keep a record thereof, showino- from what fund such moneys sha.ll have been drawn, and the correct amount of moneys in the different funds required to be 17, raised by the ooiumon council for the current year, and report to the common council and the board of public works as to the amount of moneys drawn from each fund and the amount remaining therein. He shall keep a record of all bonds issued by the city, the time when payments of interest and principal fall due thereon ; make requisition of the city chamberlain by warrant for all sums required for the payment of interest, so that there shall be no default upon any bond; make a. statement and certify to the com- mon ooimcil in each year the amount required for the payment of the interest and principal falling due during the year, includ- ing the first day of January of the year following. He shall keep a maintenance account with each department in charge of the board of public works, crediting such accoimt with the amount appropriated by the common council, and with any income de- rived from the department, charging it with all bills audited against the department; the accoimt to be so kept and main-, tained as to show at all times the balance unexpended in that department ; the expenses, and if desired, the receipts, to be classi- fied into subdivisions as requested by the mayor or directed by resolution of the. board of public works, in order that the cost of any particular improvement or class, of work in any depart- ment may be readily known. He shall keep an accoimt of each fund for permanent improvement for which provision was made in the tax levy, crediting such accoimt with the^ amount appro- priated for that specific item, and debiting it with the amount expended. He shall furnish statements in whatever form and at .whatever time they may be required by the mayor, common council or board of public works. He shall act with the mayor and chairman -of the finance committee of the common council ■as an auditing committee on the city chamberlain's return of un- collected taxes. He shall attend to the publication of all notices required in condemnation and assessment proceedings, following the instructions of the city attorney in respect thereto; prepare assessments for permanent improvements, subject to the action of the board of public works and common council ; prepa,re warrants to the city chamberlain for the collection of siich assessments and keep account of each assessment separately, showing the amount due and payable each year on each deferred assessment. He shall possess the powers and , discharge the duties of town clerk, except so far as the same is inconsistent with the provisions of this act. He shall have the same power to administer oaths, and IS take affidavits and acknowledgments within the eii/ as that possessed by justices of the peace in towns. He shall sign and execute, with the mayor, such deeds, contracts and documents as may be directed to be executed in the name of the city by the common council or by the board of public works, and affix the official seal of the city thereto. He shall have an office to be provided by the city, which shall be kept open for the transaction of business during such hours as the board of public wo^rks shall prescribe. It shall be the duty of the city clerk on the thirty- first day of December in each year, to submit tO' the mayor a written report, in which shall be correctly set forth : 1. A tabular statement of the amounts raised by taxation dur- ing the year ; the several purposes for which the tax was levied,. as provided in the resolution levying the same ; the amount raised, and the amount actually paid out on account of each of said purposes. 2. A sum^marized statement of the income available to the common council for its running expenses, exclusive of all amounts which are expended under the direct control of any other board; and of the amount audited by the council on accoimt thereof. 3. A summarized statement of the receipts and payments of the board of public works, and also of every other board pro- vided for by this act, except the board of education intrusted with the expenditure of city moneys. 4. A statement of the amount paid during the year on account of outstanding bills of previous years, and a statement of the amount of unpaid bills outstanding at the close of the year. § 26. The city chamberlain before entering upon the dis- charge of his duties shall execute a bond to the city of Ithaca m a penalty to be fixed by the common council, with a surety company as surety, to be approved by said council, conditioned for his honestly and faithfully discharging the duties of his office, and accounting for and paying over all moneys which shall come into his hands as such ciaamberlain. Such bond shall be filed, after acceptance and approval,' with the city clerk. ISTo warrant for the collection or reception of any tax shall be de- livered to the city chamberlain until such bond shall have been executed, approved and filed. All moneys due or belonging to the citv shall be paid to the city chamberlain, who shall deposit the same in the bank, banks or trust company designated by the common council, and shall pay out said moneys only in accord- ance with the provisions of this act. He shall not receive for his benefit or nse any other compensation in fees, allowance or per- centage of any name or kind whatever, except his salary which shall be fixed by the common coimcil. All interest and per- centages received on the collection of taxes or assessments ■ for improvements, together with all interests received from whatever source shall be- added to the city funds for the use of the city, and credited to the particular fund to which it belongs. His office shall be kept in such place and open at such hours as shall be provided by resolution of the common council. He shall devote his whole time to the duties of his office and shall have such- assistants as may be necessary, who shall be appointed by him subject to the approval of the common council, which shall alsa fix their compensation. It shall be his duty to collect all taxea and assessments in the city as treasurer thereof; to receive and keep all moneys belonging thereto, and to pay therefrom only in- accordance with warrants drawn thereon by the city clerk under the direction of the common council, board of public works or board of fire commissioners. He shall be subject to the liabilities and obligations prescribed by law for town collectors and county treasurer, so far as consistent with, and subject to, the provisions of this act. It shall be his duty to receive all state, county and city taxes including school taxes, and all assessments taxed or assessed upon real or personal property in the city of Ithaca upon as- sessments and warrants which may, from time to time, be de- livered to him according to law. All moneys received or paid out for the city shall be received and paid out by the city cham- berlain. As collector of each tax he shall be charged with the full amount of the tax le^^, and empowered to collect the same by suit before the city judge, by sale of property, real or personal, and by all methods provided in this act for the enforcement of the collection of taxes, and possess also all the rights and powers vested in collectors in towns. As collector of assessments for im- provements and benefits he shall execute all warrants issued by the board of public works, with the same powers as provided for the collection of taxes. It shall be the duty of the city chamberlain on the thirty-first day of December, in each year, to submit to the mayor a written report in which shall be correctly set forth a general summary of his cash account for the fiscal year ending on that day, and such additional information as may be required by the mayor. § 27. The board of health, in addition to the general powers conferred upon it by the general laws of the state, is, authorized . and empowered to adopt and amend a sanitary code in and for the city of Ithaca. Said code may be adopted by said board by a majority vote at any regular meeting thereof. Such code when adopted shall be published once a week for three successive weeks in at least one daily newspaper published in said city; and the publication of such code in the manner aforesaid, and of any ad- ditional provisions, modifications or amendments thereafter adopted by such board for three successive weeks in at least one daily newspaper in said city, shall be sufficient and shall render any further publication of the same unnecessary. Such board of health may at any regular meeting after the adoption of said sanitary code amend, modify or make additional provisions thereto by a majority vpte of such board of health. Such sani- tary code, when adopted and published as aforesaid, and any and all additional provisions, amendments and modifications Avhen so published shall have full force and effect within the limits of said city. Said sanitary code and any and all amendments, modi- fications and additional provisions shall contain a provision stat- ing the time when the same shall go into effect, which shall be at least three weeks from the day of the first publication. The violation by any person or corporation of any of the provisions of such sanitary code is hereby declared to be a misdemeanor and shall be punishable by a fine not exceeding fifty dollars, or by im- prisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment. This act shall not affect any subject not embraced within such code, and the punishment of any offenses or. Violations upon any subject not embraced in said sanitary cede shall be punishable as otherwise provided by law. TITLE III. The Common Council. Section 28. How constituted. 29. Time and place of meeting. •30. Meetings; quorum; mayor to preside; minutes. 31. Regular meetings, when held; special meetings, how called. 32. Judge of election and qualification; may prescribe duties of appointees. 21 Section 33. Designation of bank depositories ; bond required. 34. General legislative powers. 35. Special enumerated powers. 36. Power to pass ordinances, et cetera; penalties; pub- lication; when to take effect. § 28. The mayor and aldermen of the city shall constitute the common council thereof. § 29. The common council shall meet on the first day of Janu- ary after the election at the regular place of meeting of the com- mon council for the previous year, and thereafter it shall meet at the place and times hereinafter provided. § 30. At all meetings of the common council the mayor when present shall preside, but in his absence one of the aldermen shall be called to the chair. In the proceedings of the common council each member present shall have a vote, except the mayor, who shall have' only a casting vote when the votes of the other members are tied, and except as hereinafter provided." The sit- tings of the common council shall be public except when the public interests shall require, secrecy. The minutes of the pro- ceedings sihall be kept by the city clerk, and the same shall be open at all times to public inspection. A majority of the mem- bers of the common council shall be a quorum for the transaction of business, but no tax or assessment shall be ordered except by a concurring vote of a majority of all members of the common council in oiSce, including the mayor, who shall be entitled to vote thereon as a member of the council, and no tax levied, as- sessment bill ordered, resolution or ordinance shall take effect until the same shall receive the approval of the mayor, as here- inafter provided. § 31. The common council shall hold regular meetings at least once each month, on the first Wednesday of the month, and the mayor, or, in his absence, any three aldermen, may call special meetings by twenty-four hours' notice in writing served person- ally or by mail upon the other members of the coihmon council, or by leaving it at their respective usual places of business dufing business hours, or their respective places of abode at other times. § '32. The common council shall determine the rules applicable "to its own proceedings and' be judge of the qualification of its own members, and have power to compel the attendance of absent members from time to time, and to prescribe the duties of all the officers and persons appointed by them to any place whatever, subject to the provisioils of this act and the general statutes of this state. ■ § 33. Upon the completion of the assessment-roll in each year the common council shall designate one or more banks or trust companies in said city as the depository of all moneys received by the city chamberlain, and may agree with such bank, banks or trust companies upon a rate of interest per annum to be paid on moneys so deposited. Each such depository so designated shall, for the benefit and security of the city, and before re- ceiving any such' deposits, execute to the city a good and sufficient bond, with two or more sureties, to be approved by the common council. Such bond shall be conditioned for the safe-keeping and payment, on the order or warrant of said city chamberlain ox upon other lawful authority, of all such deposits and the agreed interest thereon, and it shall be the duty of the city clerk to file and record such bond in the office of the county clerk of siich county. It shall be the, duty of the city chamber- lain to deposit all funds belonging to the city that may come into his hands in snch depository, and his failure so to do will be a misdemeanor. The designation of any such bank and the depositing of moneys therewith by such city chamberlain shall not release him or his sureties from any liability, except for loss through failure or fault of such designated bank. § 34. The legislative power of the city is vested in the com- mon council, and it has power to enact and enforce any ordinance or resolution, not repugnant to the constitution or laws of this state, for any local purpose pertaining to the government of the city 'and the management of its business, the protection of the business and property interests of its citizens, the preservation of order, peace and health, and the safety and welfare of the city and the inhabitants thereof ; and it shall also have such powers of legislation, by ordinance or resolution, as are conferred upon it by this act, or any other provision of law affecting the city not inconsistent with this act, except such as are specially con- ferred by this act upon any separate department or board of the city government. It shall have the management and control of 'the finances, and of all the property, real and personal, belonging to the city, except as otherwise provided by this act or by any other provision of law not inconsistent therewith. The powers conferred by this section are not limited by the enumerated powers in the following section. 23 § 35. In addition to the powers conferred by the last section the common council has power, and in the exercise thereof may make, establish, publish and modify, amend and repeal ordi- nances, rules, regulations and by-laws : 1. To prevent vice and immorality, to preserve peace and good order, and to prevent and quell riots or disorderly assemblages. 2. To restrain and suppress disorderly and gaming-houses, all instruments and devices used in gaming, to prevent all gaming and fraudulent devices in the city, and to regulate billiard-rooms and bowling alleys and shooting galleries. 3. To prohibit, restrain and regulate all exhibitions of any natural or artificial curiosities, caravans, circuses, theatrical and other shows or exhibitions or performances for money within the bounds of the cityj or, if the common council shall deem it ad- visable, to license any of them upon such terms as the common council may direct. 4. To suppress, repress and restrain disorderly houses, houses of ill-fame, and houses and places where intoxicating liquors are sold to be drank on the premises and to restrain and punish the keepers thereof. 5. To restrain and punish vagrants, mendicants, street beg- gars and persons soliciting alms, common prostitutes, lewd and disorderly persons, and to prevent and punish drunkenness and disorderly and immoral conduct in public places or streets. 6. To prohibit the obstruction of the streets of the city by the gathering or assembling of persons therein, and to authorize the police officers of the city to disperse all such gatherings or assemblages of persons, and upon the refusal of persons so con- gregated or assembled to disperse, when commanded so to do by a duly appointed police officer under regulations prescribed by the common council, such police officer may make summary ar- rest of any person or persons so refusing, and take him or them forthwith before the recorder of the city, to be by him tried as disorderly persons and punished as such ; and all such persons are hereby declared to be disorderly persons. 7. To direct the location of all slaughter-houses, markets and houses for storing gunpowder or any other combustible or ex- plosive substance, and to regulate the keeping and conveying thereof and of other dangerous materials, and the use of lights in bams, stables and other places. - 24 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. 9. To prevent racing and immoderate driving or riding of any vehicle in the streets of the city, and to authorize the stopping of any one who shall be guilty of immoderate riding or driving in said streets, and to prevent the flying -of "kites, riding a bicycle on sidewalks, rolling hoops, playing at ball, coasting, or any other amiisement practiced, having a tendency to injure or annoy or endanger persons passing on the streets or sidewalks or to 'frighten teams or horses in the city. 10. -To. prevent any encroachment, incumbrance in, or obstruc- « 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 shall have caused any such encroachment, incumbrance or obstruc- tion, or of the owner or occupant of any premises upon which shall be any building, fence or other structure or thing encroaching upon, incumbering or obstructing any street, sidewalk, highway or public ground in the city, to remove the same after being no- tified to do so, to cause such removal at the cost and expense of such person or of such owner or occupant, and to collect such cost and expense as hereinafter provided. 11. To prohibit or regulate and determine the times and places of bathing and swimming in any waters within the city. 12. To establish and regulate public pounds and to appoint all necessary poundmasters and to prescribe their duties. 13. To restrain the running at large of cattle, horses, swine, sheep, goats, fowls and geese and other animals, and to authorize the distraining, impounding, and sale of the same for the penalty inctirred, and the costs of keeping and proceedings. 14. To make regulations for taxing and confining dogs and • for destroying such as may be found running at large contrary to any ordinance, and to prohibit and reg^ulate their running at large. 15. To prevent or regulate the ringing or tolling of bells, blow- ing of horns, or whistles pr crying of goods or wares, firing of guns, powder or other explosive compounds, and the making of any improper noise which may tend to disturb the peace of the city ; and the sale and use of firecrackers, rockets, squibs or other explosive articles or compounds. 25 16. To prohibit, restrain and regulate all gift enterprises or sales of goods founded upon or connected with any gift, lottery or chance, within the corporate limits of the city, and to re- strain and regulate the sale of goods and merchandise at public auction within the same limits, and to authorize the licensing of the latter upon such terms as the common council shall deem proper. 17. To prohibit and regulate all hawking and peddling, auc- tioneering or sale of property in or upon the streets, alleys, lanes, sidewalks and public p^rks and places of the city; and to regulate pawnshops and pawnbrokers. 18. To appoint one or more examiners of weights and measures. 19. To procure fire engines and other apparatus for the extin- guishment of fires, and have the charge and control of the same; and to provide fit and secure engine-houses and other places for keeping and preserving the same. 20. To organize and establish a fire department, and to make such fire laws, rules, regulations and ordinances of said depart- ment and the rights and duties thereof, and of citizens during fires in the city, as the common council may deem best, and to enforce the same by suitable fines and penalties. 21. To protect property, both real and personal, of individuals at times of fires, and to appoint guards for the protection of the . same, and to prescribe their various duties and compensation. 22. To establish and enforce such building laws as may be deemed advisable from time to time and to prescribe limits within which certain building materials and methods of construction may or may not be used. 23. To regulate by ordinance the planting and removal of shrubs, shade and ornamental trees along the streets and side- •walks in said city, and to prevent the injury or defacement of any shrubs, trees, fences, walls, posters or buildings in the streets, parks and public places of the city. 24. To license and regulate cabmen, the drivers of hackney carriages, .stages, omnibuses or other conveyances for the trans- portation of passengers within the city ; to fix the rates of fare, and to require them to have licenses and numbers. 25. To regulate runners, stage drivers and others in soliciting passengers and otborn to travel or ride in any carriage, stage, omnibus, or unon any railroad, or to go to any hotel or otherwise. 26. lo license and regulate baggage and other expressmen 20 doing a baggage or parcel delivery business within the city, and to require them to have licenses and numbers for their vehicles. 27. To regulate by ordinance the laying, maintenance, altera- tion and repiair of subways, conduits, mains and pipes in and under the public streets, highways and places. 28. To regulate and control the erection, construction and muintenance of poles, cables and wires in, upon, over and under the public streets, highways and places ; and to require cables and Avires to be placed under ground. 29. To require by general ordinance an^y corporation, company or person after laying or repairing any pipes in any street or highway in the city, to put such street or highway in good con- dition or repair, and to remove all incumbrances or obstructions which such corporation, company or person may have placed or caused to be placed in any such street or highway, without un- necessary delay, and to require such corporation, company or person to keep proper signal lights burning at night at all holes or ditches or other places, which may have been rendered danger- ous to persons traveling such streets or highways ; and in case such corporation, company or person shall neglect or refuse to do any of the acts so required of them, the said common council shall have power to cause the same to be done at the cost and expense of such corporation, company or person, and to collect such cost and expense by suit in law, or as hereinafter provided. 30. To conqiel the owner or occupant of any wall or building in the city which may be in a ruinous or unsafe condition, to render the same safe, or to take down and remove the same, and to prohibit such erections; and in case of the neglect or refusal of such owner or occupant to render such wall or building safe or to take down and remove the same after being notified so to do, the common council shall have power to cause the same to be taken down or removed at the expense of such owner or occupant and to collect such cost and expense by suit as in this act provided. 31. To regulate the speed of locomotives, cars and other vehicles propelled by steam, electricity or other power, and to prevent the unnecessary obstruction of the streets by the same; to require flagmen to be stationed or gates to be erected at street crossings by railroads in the city, and to make needful regulations in regard thereto for public safety. 3'2. To cause buildings, signs and other structures encroaching on or extending over the streets or watercourses to be removed at 27 the expense of the owners or occupants thereof, and to make such expense of removal a lien on the lot, and to issue warrants against any such owner or occupant to collect the necessary ex- penses of such removal, as assessments and taxes are collected. 33. To provide for the payment to the Ithaca City Hospital for the care therein of such poor and indigent of the city needing hospital care as may be sent there, and in consideration thereof to pay to said Ithaca City Hospital annually such sum as the com- mon coimcil may determine, not exceeding one thousand dollars. 34. To provide for the care, custody and preservation of the public property, books, records and papers belonging to the city; to prevent and punish any injury to or trespass upon the same; to make any and all necessary repairs and improvements to the same, and to cause any part thereof to be insured when deemed necessary. 35. To audit such accounts and claims against the city not otherwise provided for in this act as are made out in items and verified, and to order the payment of such as shall, be allowed, and to mate such rules and regulations in regard to the same as it may deem necessary and proper. 36. To correct the assessment-roll in respect to taxes imposed by virtiie of this act in the same manner and to the same extent as a board of supervisors may by law correct the town-rolls of their county; with all the powers in relation to such assessment- roll that boards of supervisors have by statute in case of town assessment-rolls and town and coimty taxes. 37. To require suitable fire-escapes to be placed, and main- tained in or upon such buildings in the city as may be, in case ■of fire, dangerous for the occupants by reason of their construc- tion, occupancy, height or location. 38. To prescribe the hours at night when children shall not be in the streets or parks unattended by an adult, or without necessity. 39. To grant franchises by a concurring vote of a majority of all members of the common council to use any streets, highways, or public places for any public utility upon such terms and con- ditions as the common council may deem proper, but subject to the limitations and requirements provided by the laws of the state ; but no such franchise shall be granted or "be operative for a period longer than ninety-nine years, nor shall the period of such franchise be extended or renewed except within the last five years 28 thereof, and no snch extension or renewal shall be for a longer period than fif ly years. 40. To make the costs and expenses incurred by the city in pursuance of the powers granted in this section, a lien upon the premisea or lots thei'ein mentioned or implied, and to issue war- rants against the owners or the occupants thereof respectively and to collect f-uch costs and expenses by action or as assessments and taxes are collected. 41. To make such general ordinances, by-laws and regulations not repugnant- to the general laws of this state as it skall deem expedient for the good government of the city. § 36. For the purposes aforesaid, or any of them, or of execut- ing any powers conferred upon the common council, or upon the city, by this act or otherwise, the said common council sball have full power to make, establish, publish, modify, amend, or repeal ordinances, rules, regulatigins and by-laws, and to prescribe, fix and enforce such penalties and fines as it may deem proper for the violation of them respectively, not exceeding fifty dollars for any one offep.se, except as herein otherwise provided, and to collect the same of any persons guilty of such violation in any court hav- ing jurisdiction of such cases. Every such rule, ordinance and regulation or by-law shall be published once in one or more news- papers published in said city before it shall take effect, and every such ordinance, riile, regulation or by-law, together with a cer- tificate by the clerk of the city of the time and manner of, the publication thereof, shall be entered or recorded in a book to be provided and kept for that purpose, and the same record, or a copy thereof, certified by the clerk of said city, sball be pre- sumptive evidence in all courts and places, and in all actions and proceedings of the due passage of such ordinance, rule, regulation or by-law and of its having been duly published. TITLE IV. Taxation and Assessment. Section 3Y. Limit of taxation. 38. Eeports of estimates of officers and boards. 39. Council to determine amount to be raised ; city clerk to prepare the tax-roll; delivery to city chamber- lain; lien of taxes. 40. Publication and posting of notices. 29 Section 41. Percentage additions. 42. Collection of unpaid taxes by action. 43. Exemptions. 44. City chamberlain has powers of town collectors; and of county treasurer as to sales for taxes. •45. Statement and return by city chamberlain. 46. Common council may borrow in anticipation of taxes. ' 47. Unpaid taxes added to next tax levy. 48. Apportionment of tax between several owners. 49. Omitted land may be added and taxed succeeding year. 50. Special election to- authorize raising of additional fund ; how called and held ; who qualified to vote ; if voted, common council may borrow in anticipa- tion of the special tax. 51. Local assessments, et cetera, how collected ; percentage additions. '52. Lien of taxes arid assessments; preferences. 53. Coiinty tax ; collection. § 37. As ^oon as practicable after the assessment-roll has been completed, corrected and certified by the assessors, the com- mon council shall cause to be assessed and raised by taxation upon all the real and personal property in the city, taxable for city purposes, an amount not exceeding, except as hereinafter pro- vided, one and one-fourth per centum of the average assessed valuation of such property as the same shall appear from the assessment-rolls of the city for the two preceding fiscal years and shall designate the respective portions of the amount so to be assessed and raised applicable to the following purposes : 1. For the uses of the board of public works. 2. For the uses of the commissioner of 'charities. 3. For the uses of the board of health. 4. For the uses of the fire department. 5. For all expenditures under the direct sapervision of the common council. In addition to the total amount herein above authorized there shall be' included such amount as shall be necessary to meet the principal and interest on the bonded indebtedness of the city falling due on or before the fir?t day of January in the nejt fiscal year, to provide the sinkinj;; fund required by law, amd 3n to meet all indebtedness remaining unpaid on all judgments against the city for damag'es caused by negligence; and such further sums shall have been voted at a special city election of taxpayers called for the purpose. § 38. Between the first and fifteenth days of March in each year the board of public works, the board of fire commissioners, the police commissioner, the board of health, city judge, and commissioner of charities shall each estimate in detail the expenses and income of their respective departments for the current fiscal year and shall certify such estimates to the common council. The city clerk shall also make a detailed statement by items of all the estimated expenses for the current fiscal year; likewise a statement in detail of all the judgments against the city then unpaid, and an itemized statement of the princip'al and interest of all bonded indebtedness of the city that will fall due during the. year, and on the first day of January following, to- gether with the amount required for any sinking fund. The city chamberlain shall also present to the common council a statement (1) of balances of funds then on hand in the several departments, (2') of all unpaid taxes and local assessments theretofore assessed and remaining unpaid, with his estimate of the probable amount the city will receive therefrom during the ensuing year, (3) of all expenditures made or incurred by the city and chargeable to the property-owner.s or other persons, and remaining tmpaid, with his estimate of the probable amount the city will receive there- from during the ensuing year. § 39. The common council shall, cot later than its first regu- lar meeting in May, consider such estimates and determine the entire amount necessary to be raised by taxation, and shall' levy the aggregate amount taxed, ascertained and determined, together with any special tax which shall have been 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 current year, ■as completed and corrected. The city clerk, under 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 certify such to be a correct roll of city taxes. Such roll shall then be delivered, to the city chamberlain, with a war- rant annexed under the hand of the mayor and city clerk and the 31 seal of the city, commanding him to receive, levy and collect the several sums in the roll specified as assessed against the person or property therein mentioned or described, and to return said war- rant and roll within six months after the date of the warrant, unless such time be extended by resolution of the common coun- cil. From the time of the receipt of the tax roll and warrant by the city chamberlain, all taxes assessed and levied upon any real property shall be a lien thereon for the amount of such tax, with percentage and interest, until the same shall be fully paid. § 40. Immediately upon the delivery of the roll and warrant to the city chamberlain the city clerk shall cause to be published 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 without percentage addition, but that on all taxes unpaid at the end of the period specified, and thereafter the city chamberlain will require and collect the percentage ad- ditions as provided in the following section. Such notice, printed in large type, shall also be conspicuously posted in at least five public places in each ward of the city. § 41. Any amount of such tax paid before the expiration of the first period above specified, shall be received by the city chamber- lain without percentage addition. On all taxes unpaid on the expiration of the first period, one per centum shall be added and collected ; and an additional one per centum on the first day of each month thereafter shall be added and collected on unpaid taxes until and including the first day of December. All such percentages shall be collected and added to the funds of the city. § 42. Any tax unpaid on the first day of December with the percentages herein provided the city chamberlain in the name of the city shall forthwith proceed to collect either by virtue of his warrant or by action, judgment and execution in the city court; and in relation to any such judgment the city shall also be entitled to all the remediesand proceedings applicable to judgments as pro- vided by the code of civil procedure. It shall be the duty of the city attorney to take charge of and prosecute all such actions. In any such action the summons shall be served by one of the police of the city. In case judgment is taken by default, not more than two dollars shall be included for costs, fees and disbursements. Any transcript of judgment in any such action, filed' with the county clerk, shall have indorsed thereon the words " on account of 32 taxes;" and any execution issued on such judgment by, the. city judge or, by the .county, clerk, , as the-case may be, shall have. in- dorsed thereon, the words " on account of taxes." Final judgment,, shall, be conclusive as tqthe validity of the assessment and the tax and the amount thereof in. any judgment so docketed. § 43. , All property subject to seizure for taxes by a town collector, by virtue of the general tax lavs^s of the state, , shall be subject to levy and sale by virtue, of an execution issued upon, any such judgment. , , ., ., , . § 44. In addition, to the powers conferred by this act, the city chamberlain is also invested with the same powers which town collectors possess for the levying and collection of town or county taxes, and in- any case, where execution is returned unsatisfied he may levy and sell property in the same manner as a town col- lector as provided by law, with the same preferences and proce- dure, in the sale of lands and certificate and, deed therefor and redemption as provided, by the,gener,al tax, law as to county taxes;, and so far, as applicable the city chamberlain shall act in the place and stead, of the county treasurer, with the same rights and duties as in said tax law specified. § 45. ,0n or before, the thirty-first day of December the city chamberlain shall make a, sworn statement and return to the com- mon council, in and by, which he, shall charge' himself with the amount of the taxes directed, to be collected and all percentage additions, and credit ..himself, with (a), the amount collected,, (b) the amount of taxes expunged, or. canceled by the common council, (c) the amount of taxes, , by items,, in which legal pro- ceedings are pending, for collection, and (d). all taxes in respect to .which the city chamberlain makes oath in writing that no property could, be found, after search, Qut of which collection of any taxes could be niade. .., The city chamberlain and his surety shall be liable for any deficiency appearing by said statement or otherwise and for failure to make such statement. ,The time in which to make said statement and return may be extended, bv the common council. § 46. After said statement and return are filed, but not before the first day of January the common council is hereby given au- thority to borrow for a period not exceeding eight months, in anticipation of moneys to be raised in and by the next city tax levy, sums not exceeding in the aggregate the amount of the uncollected taxes shown by said statement and return. 33 § 47. The common council is also hereby authorized to add to the next tax levy, in addition to the amounts otherwise permitted, the amount of the taxes reported uncollected as aforesaid, in which case all such unpaid taxes shall be re-assessed, so far as practicable against the persons or property legally chargeable therewith. § 48. If any sum of money in gross has been or shall be taxed upon any lands or premises, any person or persons owning any divided part thereof, may pay such part of the sum of money so taxed, also the percentages and charges due or charged thereon as the assessors may deem just and equitable, and"so certify to the city chamberlain, and the remainder of the sum of money so taxeid together with the percentages and charges, shall be a lien upon the residue or remaining part of said lands or premises in the same manner as though the residue of said tax had been imposed thereon only. § 49. If any real estate liable to taxation shall any year be omitted from the assessment roll of the city, and thus escape taxation, it shall be the duty of the assessors the succeeding year, to assess the' tax on such, omitted real estate to which it would have been liable if it had been included in said assessment roll. If any tax on real estate shall for any cause remain unpaid^ the amount thereof with interest at twelve per centum per annum may be added to the tax for the succeeding year, and charged upon the real estate upon which it was originally assessed and levied, and the same proceedings in all respects for the collection thereof, and for the collection of cwnitted taxes, may b© had with like effect as in the case of a tax or assessment on the same real estate for the then current year. § 50. Whenever the common council shall be of the opinion that the interests of said city require expenditures for any extraordinary or special purpose or purposes, which in its opinion cannot be defrayed from the said sum authorized to be raised by the common council after defraying the ordinary current expenses of the year, the said common council shall have power to call a special election; but before ordering such special election, it shall make an estimate of the sum necessary to be raised for such purposes, and shall state the amount and the objects for which it is required, together with the reasons for its opinion. The com- mon council shall publish such statement together with the time and place of holding such election in at least two of the city papers 34 at least once each week for the two successive weeks preceding such election. The mayor shall appoint two aldermen to act as inspectors of said election. Every resident of the city of the age of twenty-one years, and every resident corporation whose name shall be in the assessment roll made, completed and certified by the assessors of said city next preceding said special election and upon whose property or upon whom as the owner or possessor of property a tax may be assessed upon said roll and no other person _ or persons whatever, shall be entitled to vote at said special elec- tion. If any person is assessed in any trust capacity, represent- ing property mentioned or named in said roll he shall, if a resi- dent of said city, and twenty-one years of age, be considered a qualified voter and entitled also to cast one vote as such trustee- The said assessment roll made by the assessor or assessors, or a copy thereof certified by the city clerk and the mayor of said city,, shall be evidence of the names and assessments, as aforesaid. The polls of said special election shall be opened and closed in the same manner provided for holding city elections. On the ballots de- posited on said special election shall be written or printed, or partly written or partly printed on the inside thereof, " for spe- cial tax," or " against special tax." The votes received at such special election shall be canvassed, and the result certified, and the certificates thereof filed, as prescribed by section eleven of this act; and the common council at its next meeting after said election, shall cause the result, as appearing by said certificate,, to be entered in their minutes; and if it shall appear that the whole number of votes received at such election "for special tax " shall exceed the whole number of votes " against special tax " it shall be the duty of the common council to cause the said sum of money so voted for, to be assessed, levied, and raised in addition to the sum authorized to be raised by the common council, and all other sums herein required to be raised or which are or may be required to be raised by any law of the state of 'New York, and said special tax may be included in the tax for the current year or for the next succeeding year or may be levied in not more than three equal annual installments, in the same manner and with the same authority as herein con- ferred in reference to the said sum authorized to be raised by the eommoiL. council, provided always that the total amoimt pro- posed to be raised, in any one year at special election or elections, shall not exceed ten thousand dollars. In case of- a maiority of 35 votes " for special tax," tlie common covmcil may thereupon proceed to authorize the expenditure of the amount thereof for the purposes specified in its published statement, and may borrow, if they deem it necessary to do so, the amount so voted in antici- pation of the collection of said tax for a time not exceeding three years, payable in equal annual installments, if loan shall be made for more than one year, and the amount so borrowed shall be expended upon and for the purposes for which the special tax is raised, and shall be paid as soon as the same shall become due, and from the avails of the tax. The money raided by any special tax shall be paid to, and kept by the city chamberlain, distinct from any other moneys and entered in a separate account. § 51. All the rights, remedies and procedure, provided by this act for the collection of the city tax shall be available tO' the city and be used so far as applicable in the collection of assessments for local improvements and of expenditures chargeable upon prop- erty as provided in this act or by any ordinances or resolutiohs of the common council or any board of the city, authorized by this act. The provisions for percentage additions and collection thereof shall also apply, one month for payment without per- centage being allowed after date of warrant for the collection of such assessment or expejiditure. Advertisement or personal notice or notice by mail may be used in any case covered by this section as the common council may direct. § 52. Every tax and assessment imposed under any of the provisions of this act or of any ordinance or resolution aiithorized by this act siall be a lien upon all real estate against oi" concern- ing which the same shall be assessed for ten years from the final assessment or imposition thereof, superior to any mortgage, judg- ment or other lien of any nature, except general city and school ■ taxes affecting the same and shall have priority thereto, or to any conveyance thereof and notice to the occupant or tenant shall be held to be deemed notice to the owner or owners of said real estate. § 53. The city chamberlain is 'hereby authorized to receive the warrant issued by the board of supervisors of Tompkins county, and to collect the tax" levied by them, and the additional per centum, the same in all respects as a town collector, and the board of supervisors of Tompkins county are directed to issue their . warrant to the said city chamberlain for the collection of said tax. 36 TITLE V. City Couet. ARTICLE 1. General Pbovisions. Section 54. City court of Ithaca created. 55. City judge sliall be an attorney. 56. Clerk of city court; salary; fees to be paid to city chamberlain. 57. Common council to provide offices, and for payment of salaries. 58. City court to remain open during business hours; vacation of city judge; disability of city judge. 59. Salary of city judge; moneys collected to be paid to city chamberlain. 60. Acting city judge. 61. Bond required. 62. Removal. 63. ISTo justices of the peace tO' be elected. ARTICLE 2. CiVIt JUKISDIOTIOX. Section 64, 65. Civil jurisdiction of city court. 66. Summary proceedings. 67. Jurisdiction over person of defendant. 68. Judgment, how rendered. 69. "Failure to interpose counterclaim. 70. Counterclaim. 71. Code of civil procedure, certain sections to apply. 72. Discontinuance of action. 73. Summons and practice; process, et cetera,how signed. 74. Attorney's authority, how conferred. 75. Adjournments. 76. By whom summons may be served. 77. Pleadings, verification, how made. 78. Rules of practice. 79. Appeals. 80. Defaults. 37 Section 81. Fees of constables. 82. Costs and fees. 83. Qosts in certain actions. 84. Additional allowance in certain actions. 85. Fees of city judge, for use of city. 86. Civil court docket. 87. Jurisdiction in case of absences, et cetera. ARTICLE 3. Cbimixal Jurisdiction. Section 88. Criminal jurisdiction of city court. 89. Jurisdiction as court of special sessions. 90. Jurisdiction of misdemeanors, committed partly in city; committed on vessels; committed on rail- way cars. 91. ~No jurisdiction of misdemeanors outside of city. 92. In jurisdiction of offenses beyond ordinjtry court of special sessions, sentences as in court of sessions. 93. All powers subject to provisions relating to courts of special sessions. 94. May let to bail; administer oatbs. 95. Hearing and jurisdiction by acting city judge. 96. Processes and mandates; by wbom served; fees. 97. Fees, fines and penalties. 98. Account to be kept; bills against county. 99. Criminal court docket. 100. Process, et cetera, how signed. • 101. Appeals. ARTICLE 1. Ge^jekal Provisions. § 54. The city judge, created by this act, shall hold a court in the city of Ithaca, of civil and criminal jurisdiction, to be de- nominated " City Court of Ithaca," which is hereby constituted in said city. He shall be elected at the time and in the manner iereinbefore provided. 38 § 55. The city judge shall be an attorney and counselor of the supreme court of the state of New York of not less than three years' standing. § 5'6. The city judge shall appoint a clerk of said court, who shall be a competent stenographer, who may be removed by the city judge whenever he shall deem it advisable, and may engage another clerk from time to time to serve in the absence of the regular clerk. The clerk of said court shall receive an annual salary not exceeding the sum of five hundred dollars, to be paid in equal monthly instalments. The regular clerk, and each clerk acting during the absence of the regular clerk, dur- ing the period of his employment as such, shall be an officer of the court, and shall, on entering upon the discharge of his duties, subscribe and take the oath of office prescribed by the con- stitution of this state, and file the same with the city clerk. It. shall be the duty of said clerk to attend upon said court at such times as he is directed so to do by the city judge, and tO' keep the dockets and books of account thereof and to make up the returns to the county court therefrom under the direction of the city ■ judge. He shall have power to take affidavits for use in said court, and to issue summons and .precepts in summary proceed- ings, subpoenas, and executions on judgments duly docketed, and final orders in summary proceedings duly entered, and in the absence of the city judge and acting city judge to join issues and adjourn cases. Such clerk shall furnish a typewritten copy of the testimony and other proceedings takeji by him in any case in which such testimony and proceedings shall have to be re- turned to the county clerk, which typevso-itten copy shall be a part of the return. Such clerk shall take the minutes of^all trials and proceedings, civil and criminal, held in such court when- ever directed so to do by the city judge, and shall also, at the direction of said city judge, furnish him with a transcript of such minutes. Said clerk shall also" furnish to any person ask- ing therefor a typewritten copy of any testimony or. proceeding of which he shall have taken notes, at the rate of three cents per folio for each copy of the same. All fees for typewritten copy of any testimony or proceedings collected by the said clerk dur- ing any month shall be paid to the city chamberlain on or before the sixth day of the next succeeding month, and the said clerk shall file with the city clerk at or before the time of the first regular meeting of the common council in each month next after 39 the sixth day thereof, a complete and detailed statement, verified loj. his oath to be true, of all moneys payable to the city chamber- lain by virtue of the provisions of this title, which were received by him during the next preceding month, with the receipt of the city chamberlain for said moneys attached to said statement. § 57. The co mm on coimcil shall provide suitable offices for holding said city court, and shall furnish heat, light and suitable furniture for the same, and provide necessary blank books, blanks .and stationery therefor, and provide for the payment of the salary of the city judge and clerk of the city court, and for all other necessary expenses of said court, all of which shall Ije a . -city charge. And in default of such provisions or any of them being made by the common council, any justice of the supreme ■court residing in the sixth judicial district of the, state is author- ized, on application of the city judge showing such default, to make such provision by an order which shall be of the same effect as though the directions contained therein had been made by the common council, and the expense thereof shall be a city charge. § 58. Said city court shall be open for the transaction of business each day except Sundays and legal holidays. It shall he the duty of the city judge to attend at his office at all reason- able hours and to hear all matters, issue all process, and institute such proceedings as the proper administration of justice requires. The city judge shall be entitled, without deduction of his salary, to a vacation of fifteen days in each year. And in case of sick- x.ess, absence from the city, or disability ■ of the city judge, the -duties of such city judge shall be performed by the acting city judge appointed as hereinafter provided. § 59. The city judge shall receive for his services rendered Tinder this act an annual salary of fifteen hundred dollars, less a pro rata deduction for each day the said court is by the next pre- •ceding section of this act required to be kept open on which he shall have failed from any other cause than illness, and his fifteen ■days' vacation, to attend the same; and such salary shall be paid to him by the city in twelve monthly installments. Pro rata deduction from the salary shall be made for all absence on account ■of illness in excess of ten days in each year. All costs and fees and all fines and penalties, and all other moneys collected by the ■said judge, or acting city judge, during any month shall be paid to the city chamberlain on or before the sixth day of the next succeeding month, and the city judge, and acting city judge, shall 40 file with the city clerk, at or before the time of the first regular meeting of the common council in each month next after the sixth day thereof, a complete and detailed statement, verified by his oath to be true, of all moneys payable to the city chamberlain by virtue of the provisions of this title, which were received by him during the neixt preceding month, with the receipt of the said chamberlain for said moneys attached to said statement. Any failure or omission to so pay over such costs, fees, fines, pen- alties or other moneys shall be sufficient cause for removal of said city judge or acting city judge. §.60. At the first meeting of the common council in January in each year, it shall be the duty of the mayor and common council of the city of Ithaca to appoint some suitable person, who shall possess the ( qualifications of the city judge as in this act provided, to act as judge of the city in case of the sickness, ab- sence from the city or disability of the city judge; and who maj be removed by the common council whenever said council shall deem it advisable. While so acting the said acting city judge shall sign all papers as " acting judge of the city court of Ithaca,'^ and shall have all the powers and perform all the duties incum- bent upon the city judge. The compensation of said acting city judge shall be such sum as the common council shall determine,, not exceeding the sum of five dollars for every day actually spent in the discharge of the duties provided for in this act, to be audited, allowed 'and paid by the common council upon the pres- entation by such acting city judge of a verified bill of items- for his services. Claims for such services, if any, shall be pre- sented to the common council monthly. § 61. The city judge shall, before entering upon the perform- ance of his duties, as such, execute and file with the city clerk a bond to the city of Ithaca, in the penal sum of one thousand five hundred dollars, and with such sureties as shall be approved bj the common council, conditioned that he will faithfully discharge the duties of his office and account for and pay over to the city- chamberlain all m.oneys received by him as such city jiidge. The acting city judge shall give a similar bond, with sureties, to be approved by the common council, in the penal sum of seven hun- dred and fifty dollars. § 62. A city judge elected as provided in this act, may be re- moved from office in the same manner as a justice of the peace,, as provided by section seventeen of article six of the constitutiou 41 of the state of New York and by section one hundred and thirty- two of the code of criminal procedure. § 63. ISTo person shall hereafter be elected to the office of justice *■ of the peace in the city of Ithaca. AUTIQLE 2. Civil Jueisdiction. , § 64.. Said city court shall have jurisdiction of the following civil actions and proceedings: a. An action to recover damages upon or for breach of a con- tract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars. b. An action to recover damages for a personal injury or an injury to property, where the sum claimed does not exceed five hundred dollars. c. An action or proceeding to recover a fine or penalty not exceeding five hundred dollars, or to recover one or more fines or penalties for a violation of an ordinance of the city of Ithaca, or of any of the provisions of the other titles of this act, where the amount claimed does not exceed five hundred dollars. d. An action upon a bond conditioned for the payment of money, where the sum claimed to be due or sought to be recov- ered in the action does not exceed five hundred dollars. e. An action upon a surety bond taken in said court or by any justice of the peace. f. An action upon a judgment rendered in said court, or in a court of a justice of the peace, or in a district court of the city of New York, or in a justice's court of a city, being a court iiot of record. g. An action to recover one or more chattels, without or with damages for the -taking, withholding, or detention thereof, where the value of the chattel or of all the chattels as stated in the affi- davit made on the part of the plaintiff does not exceed five hun- dred dollars. h. To render and enter judgment upon the confession of a defendant or defendants, as prescribed in title six, chapter nine- teen of the code of civil procedure, where the sum confessed does not exceed one thousand dollars. i. In an action for damages for fraud in the sale, purchase or exchange of personal property, if the damages claimed do not ex- ceed five hundred dollars. 42 j. In an action commenced by attachment pursuant to the pro- Yisions of article four of title two of chapter nineteen of the code . of civil procedure, if the debt or damages claimed do not exceed five hundred dollars. k. In summary proceedings .under title tv70 of chapter seven- teen of the code of civil procedure to recover possession of real property and to remove tenants and others therefrom, provided such real property or some portion thereof be in the city of Ithaca. 1. In actions or proceedings under any statute for the enforcer ment of liens or* mechanics and others, where the amount of the lien does not exceed the sum of five hundred dollars; the same proceedings to be had as are provided by law to be had,in justice's court. m. In any other action or civil proceeding of such character that a justice of the peace of a town would have- jurisdiction thereof, wherein the sum sought to be recovered does not exceed five hundred dollars. n. In any action to recover a tax, assessment, or other charge imposed by this act. § 65. But such court cannot take cognizance of a civil action in either of the following cases : a. Where the title to real property comes in question as pre- scribed in title three of chapter nineteen of the code of civil pro- cedure. But when such question arises the pleadings and practice shall be the same as are now provided by law for justice's court in regard thereto. b. When the action is to recover damages for false imprison- ment, libel, slander, criminal conversation, seduction or malicious prosecution. c- "\"\Ti6re, in a matter of account, the sum total of the accounts -of both parties, proved to the satisfaction of the court, exceeds one thousand dollars. d. Where an action is brought against an_ executor or adminis- trator as such, except where the amount of the claim is less than thQ sum of two hundred and fifty dollars, and the claim has been duly presented to the executor or administrator and rejected by him. § 66. Summary proceedings may be commenced by petition addressed either to said judge or to said court, and in said pro- ceedings and in all actions, the jurisdiction of the said judge shall be exercised by and in the name of the said court only, and all * So in original. 43 ocesses from said court shall be made returnable thereto by its oper title. In. the solemnization of marriages, and in all "other atters not otherwise by this act provided for, said city judge all have the same powers as justices of the peace in towns now ive. § 67. Said court shall have the same jurisdiction over the per- ns of defendants as is now possessed by justices' courts of towns irsuant to the provisions of section twenty-eight hundred and sty-nine of the code of civil procediire, and for the purpose of nferring jurisdiction of the person the said city of Ithaca shall - deemed a town and said court a justice's court thereof. § 68. A judgment of said court shall be in all respects the me as &. judgment rendered by a justice of the peace of towns, cept as herein provided, and all provisions of the code of civil ocedure in relation to filing transcripts of such judgments and icketing the same in the office of the clerk of Tompkins county, of any other county, and the effect of such judgment when docketed, shall in all respects be the same as if said' judg- snt was recovered before a justice, of the peace of a town, and len so docketed shall be a lien and remain in force for the me length of time as a judgment originally recovered in the unty court. In any case in which by law a justice of the ace is required to render judgment and enter the same in his cket, within four days, the city court of Ithaca, or the judge ereof, is required to render judgment, and it must be entered the docket of said court, within ten days after the case shall ve been submitted for final decision, anything to the contrary rein notwithstanding. § 69. The prohibition contained in section twenty-nine hundred d forty-seven of the code of civil procedure relating to ■ the ilure of the defendant in an action in justice's court to inter- se a counterclaim applies to an action in the city court, but it es not apply to a case or action in said court where the amount the counterclaim is more than five hundred dollars. § 70. In the case provided for in section twenty-nine hundred d forty-nine of the code of civil procedure for justice's court, the amount of the counterclaim established exceeds the plain- Ps demand, the defendant must have judgment for the excess, so much thereof as is due from the plaintiff, unless it is more m the sum of five hundred dollars, and if it be more than e hundred dollars, the city court must pursue the same course 44 in reference to the same as in the said section provided for a case in which it is more than two hundred dollars. § 71. Sections five hundred and five and five hundred and six of the code of civil procedure shall apply to a counterclaim in an action against a person sued in a representative capacity, or in favor of an executor or an administrator, except that the defend- ant cannot take judgment against the plaintiff upon a counter- claim for a sum exceeding five hundred dollars and costs, and section twenty-nine hundred and forty-six of the code of civil procedure shall not apply to actions in said city court. § 72. Where, upon the trial of an action, the sum- total of the accounts of both parties proved to the satisfaction of the city judge, exceeds one thousand dollars, judgment of discontinuance must be rendered , against the plaintiff, with costs, and section twenty-nine hundred and fifty of the code of civil procedure shall not be applicable to the said city court. § 73. The summons, the form thereof and the time within which *the same shall, be returnable, and all other process, the service of process, appearances, practice, ple^tdings, exhibiting account or demand, amendments, adjournments, trial by court or jury, obtaining jury, offers to compromise, offers of judgment and the effect thereof, judgments by confession or otherwise, and' the rendering and docketing of the same, appeals, fees, costs and disbursements, shall in all matters, except as herein otherwise pro- vided, be governed by the provisions of the code of civil procedure for justices' courts as said provisions now exist or may hereafter be amended by the legislature of the state of New York, except' that section two thousand eight hundred and ninety-three of the code of civil ■ procedure shall not apply to or govern proceedings in the city court. The said judge and the said court shall have the same duties, powers and jurisdiction as justices of the peace- in towns and their courts, together with the further powers and jurisdiction by this act conferred, except as herein otherwise pro- vided. All summons, precepts, orders and all other process or documents made or issued by the city judge, shall be signed, in addition to his signature, " city judge of the city of Ithaca."" When made or issued by the acting city judge, the same shall be' signed in addition to his name, " acting city judge of the city of Ithaca." § 74. The attorney's authority may be conferred orally or in writing, but the city judge shall not suffer a person who is not 45 an attorney admitted io practice in the supreme court of this state to appear as an attorney, unless his authority is admitted by the adverse party, or proved by the affidavit or oral testimony of himself and another, and the city judge may, in his discretion, :at any time before final judgment, require from any attorney ladmitted to practice in the supreme court proof of his authority ±0 so appear. I 75. The court must, upon the application of the plaintiff, grant a second or subsequent adjournment of the trial of the action, or hearing of the proceeding, upon proof, by his own oath or othermse, to the satisfaction of the court, that he cannot safely proceed for want of some material testimony or witness, and that he has used due diligence to obtain the testimony or witness. But the court may, as a condition of granting such adjournment, re- quire that the plaintiff pay to the defendant the legal fees of defendant's witnesses duly subpoenaed for that day, and not ex- ceeding two dollars in addition thereto, or such part of such additional sum as may be just. § 76. The summons, or summons and complaint, or other process may be served by any person qualified to serve such papers ;m an action in a court of record, and when service is made by ■any person other than a constable, or when the city is plaintiff 'by a police officer, proof of service shall be made as in a court of " ..record. § 77. The complaint may be verified in the manner provided "by the code of civil procedure for the verification of pleadings :in courts of record, and in an action commenced by summons may, ;at the option of the plaintiff or his attorney, be served therewith. "When the complaint is so verified, the subsequent pleadings, ex- cepting a demurrer, shall be likewise verified in all cases in which such pleading would be required to be verified in a court of record ; and in default thereof they shall be disregarded. In an action arising on contract for the recovery of money only, or on an account, where the complaint is so verified and a copy of the same is served with the summons, and the defendant fails to answer said complaint as hereinbefore provided, at .the time of the return of said summons, he shall be deemed to have ad- mitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the- service thereof 'enter judgment for the said plaintiff and jagainst the defendant, for the amoimt demanded in such com- 46 plaint, with costs, without further proof. The city judge may, by general rule or otherwise, require any pleading made orally to be reduced to writing, and every pleading in writing shall be subscribed by the party making the same or his attorney, and shall be filed forthwith, or within such time as the city judge may designate. § 78. The city judge may, from time to time, establish such rules of practice for said city as he may deem necessary, not in- consistent with this act or with the code of civil procedure, which rules shall govern the practice' in said court. The rules so- established shall, before they become operative, be published twice a week for at least two successive weeks in one of the city papers published in the city of Ithaca. § 79. Appeals may be taken to the county court from judg- ments rendered in said city court the same as from judgments rendered by justices of the peace. Appeals may also be taken to 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, and th^ time within which such appeal may be taken and the prac- tice thereon shall be the same as apply to appeals from a judg- ment of a justice of the peace, the affidavits read on such applica- tion constituting, for the purpose of such appeal, a part of the return of the city judge. § 80. In actions in the city court the city judge shall have power to ojDen defaults and set aside judgments rendered and entered therein, and executions issued thereon, upon such terms as may be just, in a case where either party shall fail to appear on the return day of the process, or on any adjourned day, and the party in default satisfactorily excuses his default, but no further terms shall , be imposed than the payment of the costs included in the judgment, and the sum of three dollars for op- posing the motion. The application therefor shall be founded upon affidavits, and shall be made within twenty days from the entry of such judgment. Upon presentation of such application, the city judge shall issue an order returnable in not less than five days nor more than eight days, requiring the party in whose favor judgment was rendered to show cause, if any, why said judgment or execution, as the case may be, should not be set aside. A copy of said order and of the papers upon which the same is granted, shall be served upon the party in whose favor judgment was rendered, or upon his attorney, if one shall have 47 appeared in the action, not less tlian three days prior to the return day thereof. Pending such application and the deterininatioh thereof, the city judge may stay proceedings upon such judgment or any execution which shall have been issued. "When a judgment shall be set aside, the action shall proceed as though no judgment had been rendered. The judgment, or an execution issued thereon by the city judge, and levy made thereunder j may, in the discre- tion of the city judge, be allowed to stand as a security for the satisfaction of any judgment which may iinally be recovered in favor of the same partj'. Parties moving in the county court to open default or to obtain a new trial in said city court, in cases where a motion might -have been made in said city court, as in this section provided, shall show that no such application was made in said city court. § 81. Constables and other persons who lawfully serve papers or execute mandates in any laction or proceeding in said court, not within the jurisdiction of justices of the peace of towns, shall receive and be entitled to the same fees as are allowed to sheriffs in like actions and proceedings in courts of record. _§ 82. In all civil actions and proceedings brought in the city court the same costs and fees shall be paid, taxed and recovered as in actions or proceedings before justices of the peace. In ad- dition thereto there shall be allowed to the prevailing party, as an indemnity, in case he has appeared by an attorney admitted to' practice in courts of record of this state, and not otherwise, the following sums as costs: a. On judgment for plaintiff upon default, to the plaintiff, three dollars. b. On judgment for plaintiif otherwise than upon a default, to the plaintiff, three dollars, and an additional sum equal to ten per centum of the recovery, not to exceed twenty-five dollars. c. If the plaintiff recovers judgment in any action in said court for the recovery of one or more chattels the sum allowed as additional costs therein shall be estimated upon the value of said chattels as assessed by the said court or jury. d. If judgment of UQusuit is rendered for the defendant to the defendant, two dollars. e. If a judgment is rendered for the defendant upon the_ merits after a trial, to the defendant, five dollars. And the court, in its discretion, may allow five dollars additional. f. A defendant who recovers in said court a judgment upon a counterclaim therein, or obtains a judgment for the possession 48 or recovery of chattels sued for therein, is entitled, in addition to costs heretofore allowed said defendant, to recover a sum equal to ten per centum upon said recovery, or upon the value of said chattels, not to exceed twenty dollars. g. ISTo costs or fees shall be allowed or recovered in an action brought upon a judgment of this court, unless such action be brought more than five years after the recovery of the judgment sued on. § 83. In an action in which the complaint demands the 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- cretion of the city judge, not exceeding ten dollars, -wfhich shall, in case final judgment is awarded against him, be deducted there- from. * § 84. In an action in which a trial is had and judgment ren- dered for two hundred and fifty dollars or more, the city judge may, in his discretion, grant to the successful party an additional allowance of costs, not exceeding ten dollars. All costs and dis- bursements allowed to be taxed in any action or proceeding be^ fore justices of the peace in tovsms up to but not exceeding fifteen dollars, shall be included in the judgment as disbursements in addition to the costs hereinbefore provided, but in actions within the jurisdiction of justices of the peace in towns such disburse- ments included in the judgment shall not exceed the limits pre- scribed by section thirty hundred and seventy-six of the code of civil procedure for justice's courts. § 85. In each action and proceeding in the city court, the city judge shall demand and receive for the use of the city for each service rendered by him the same fees as justices of the peace 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 shall be had from the city of Ithaca instead of the city judge. § 86. The city judge shaU keep an account of all his proceed- ings, and in his docket a complete and accurate record of all process issued from and returned to said court, and of aU pro- ceedings in every civil action, and of all proceedings brought 49 therein or before him, and shall enter therein the judgment and decision of said court or judge. Such docket shall have the same force as evidence in courts of this state as dockets of justices of therein or before him, and shall enter therein the judgment and the peace in towns, and may be proved and certified in the same manner. § 87. The acting city judge, prior to trial, in any action or proceeding already instituted, shall have and retain control and jurisdiction only during the sickness, absence from the city or disability of the city judge. The city judge, or acting city judge, as the case may be, before whom the trial has actually com^ menced in any action or proceeding, shall retain J)Ower, control and jurisdiction therein rmtil final determination in the city court ; but in any such case either may adjourn the action or proceeding in the absence of the other from the city. ARTICLE 3. Ckimixal Jxjbisdiction. § 88. The city judge of said city shall, in all criminal actions and proceedings and special proceedings of a criminal nature for or on account of offenses committed or charged to have been com- mitted within said city, have all the jurisdiction and authority which a justice of the peace of any town would have, if such offense were -committed or charged to have been committed in such town, exclusive of any other officer except the mayor of said city, and judges and justices of courts of record. The said city judge shall have exclusive jurisdiction and authority to hear, try and determine, summarily and without a jury, all charges and com- plaints against persons of disorderly conduct in said city, as de- fined by this act, or of such conduct in said city as constitutes such persons tramps, vagrants or disorderly persons as defined . either by this act or by the statutes of this state. Whenever any person shall be brought before said city judge, either with or with- out warrant, charged with being such tramp, if said city judge is satisfied by the confession of such person, or by competent evidence upon such summary trial that such person is such tramp, the said city judge shall thereupon have jurisdiction and authority to render judgment convicting such person thereof, and imposing such sentence therefor as is provided by section one of chapter four hundred ninety of the laws of eighteen hundred eighty-five for such offense. Whenever any person is brought before such city judge either with or without warrant, charged with such 50 disorderly conduct, or with being either such tramp, such vagrant or such disorderly person, if said city judge shall be satisfied by the confession of such person or by competent evidence,, upon such summary trial that such person has been guilty of such disorderly conduct, or is such vagrant, or such disorderly per- son, the said city judge may thereupon take such further pro- ceedings thereon as a magistrate is authorized by the code of criminal procedure to take in such case, or the said city judge may, instead render judgment convicting such person of dis- orderly conduct or of being a vagrant or disorderly person as the case may be, and that he pay a fine not exceeding fifty dollars or be imprisoned not exceeding six months, or both, as the case may require, which judgment shall be enforced in the same man- ner, in all respects, as judgments of courts of special sessions are enforced. And in case of the conviction of any person for dis- orderly conduct, or as a vagrant or disorderly person, either upon summary trial or in the manijer prescribed by the code of crimi- nal procedure, the said city judge may commit such person to be imprisoned in th^ county jail, or in the Monroe county peniten- tiary, or in such other place of coufiuement as may be designated by the board of supervisors of Tompkins county. § 89. The said city judge is hereby empowered to hold courts of special sessions in said city and, subject to the power of re- moval provided for in sections fifty-seven and fifty-eight of the code of criminal procedure", courts of special sessions held by said city judge shall have, in the first instance exclusive jurisdiction to hear, try and determine all charges of misdemeanors committed within said city, which are enumerated in section fifty-six of the code of criminal procedure. Subject to the pov.-cr of removal provided by section two hundred and eleven of the code of crim- inal procedure, courts of special sessions held by said city judge shall also have, in the first instance, exclusive jurisdiction to hear, try and determine all other charges of misdemeanors com- mitted within said city.' § 90. Courts of special sessions held by said city judge shall also (subject to removal as provided by section fifty-seven and fifty-eight of the_code of criminal procedure if the misdemeanor is one of those enumerated in section fifty-six of said code, and otherwise subject to removal as provided by section two hundred and eleven of said code), have jurisdiction to hear and determin-j charges of misdemeanors committed as follows : Committed partly within and partly without said city, or when the acts, omissions, 51 or effects thereof which constitute or axe requisite to the con- summation of. such misdemeanor occur partly within and partly without said city; committed in this state, on board of a ves- sel navigating a river, lake or canal or lying therein in the course of her voyage, or in respect to any portion of the cargo or lading of such boat or vessel, in case such river or canal passes through said city or any part thereof, or in case such lake is situated in or borders on said city, or such voyage terminates in said city or would terminate therein if completed; committed in this state in or on board of any railway engine, train or car mak- ing a passage or trip on or over any railway in this state, or in respect to any portion of the lading or freightage of any such railway engine, train or car, in case such railway engine, train or car, passes or has passed in the course of the same passage or trip, through said city or any part thereof, or where such pas- sage or trip terminates in said city, or would terminate in said city if completed. § 91. Otherwise than as hereinbefore provided, courts of special sessions held by said city judge shall not have jurisdiction to hear, try or determine charges of misdemeanors not committed within said city. § 92. ^Yhen a person shall be convicted by a court of special sessions, held by said city judge, of any misdemeanor of which such court has jurisdiction, but jurisdiction of which is not con- ferred upon courts of special sessions by the code of criminal procedure, the court of special sessions held by said city judge may render such judgment imposing such sentence therefor as a court of sessions might lawfiiUy render and impose in case a con- viction of stich crime were had in a court of sessions. § 93. Except as hereinbefore provided, courts of special ses- sions held by said city judge shall have all the powers and juris- diction conferred upon courts of special sessions by the code of criminal procedure, and shall be subject to all the provisions of said code relating to courts of special sessions. § 94. The said city judge shall have power to let to bail all per- sons charged with crime before him in all cases of felony when imprisonment in the state prison, on conviction for such felony, cannot exceed five years, and to institute all proceedings respecting bastardy in said city, and to hear, try and determine the same. He shall also have the same right, power and authority within the county of Tompkins to administer oaths and to take affidavits and acknowledgments that justices of the peace have. 52 § 95. In. case any warrant issued by the city judge shall be re- turned during his absence from the city or during his inability to attend to the duties of his office, any further proceeding may be had on such warrant before the acting city judge, herein provided for; and having once obtained jurisdiction over any matter, he may retain jurisdiction thereof and proceed to the determination of such matter. § 96. All processes and mandates issued by the city judge or the acting city judge requiring service, shall be served by the city police or by officers authorized by the law of this state to , serve such processes and mandates, and when served by the city, police they shall be served without fees for their own benefit, but they shall demand and receive for all process served by them properly chargeable to the county, the same fees as are provided by law for constables for like services. And they shall keep a correct account thereof, and the same shall be presented in the name of said city tp, and audited by, the board of supervisors for the benefit of said city. § 97. The said city judge or acting city judge shall not receive for his ovra. benefit any fee for services performed under this act, but he shall demand and receive in all proceedings before him for all services rendered by him as city judge or' acting city judge, the same fees as are provided by law for justices of the peace of towns for like services, and all fees and charges, which may be legally payable whenever suits or proceedings pending before either of them shall be settled or dismissed by consent, inclucfing constable fees. ' § 98. The city judge and acting city judge shall keep an account of all such fees and fines, and all such criminal business done by either of them ; and such portion of said criminal busi- ness as is by lavr chargeable to the county shall be made out by the city jiidge in an itemized bill as is required by law, and he shall annually, at the time for presentation of bills against the county of Tompkins, present in the name of said city, said account, pro]3erly made and verified, to the board of supervisors of said county, and said board shall audit said account to the city of Ithaca, and levy the same in the same manner as other county charges. § 99. The city judge and acting city judge shall keep a docket of all business done by either of them, with full items and dates, and with proper and convenient index; and such docket shall contain a record or brief statement of all convictions, acquittals 53 and judgments before either of them, and the same shall be open during office hours to public inspection when not in use. § 100. . All processes, mandates, orders, commitments or other documents made or issued by the city judge, shall be signed, in addition to his signature, " city judge of the city of Ithaca." When made or issued by the acting city judge, the same shall be signed in addition to his name, " acting city judge of the city of Ithaca." . § 101. Appeals may be taken from final orders and judgments rendered by the city judge, and by the courts of special sessions held by said city judge, as provided by the code of criminal pro- cedure, and from judgments rendered by the city court held by said city judge, as provided by the code of civil procedure for appeals from justice's courts. TITLE VI. DepaetmeiNt of Public Wokks. Section 107. Appointment of commissioners. 108. Terms of office of first commiss.ioners. 109. Terms of office of successors; full term; commis- sioner serving six years ineligible for one year; not more than three to be of same political party. 110. Filling vacancies. 111. Eemoval from office. 112. To serve v?ithout compensation; reimbursed for expenses. 113. Official oath. 114. Election as mayor or alderman creates vacancy. 115. Mayor to preside without vote; vice-chairman. 116. Quorum; time of meeting; special meetings, how called. 117. City clerk to act as secretary; meetings to be public. ^ 118. No contract except by majority vote; no obligation incurred or issued without resolution by major- ity ; resolution to be recorded. 119. No dealings with a commissioner except by unani- mous vote of all the rest, and concurring vote of the common council. 120. Superintendent of public works and other ap- pointees; salaries. 54 Section 121. Superintendent not to be InteTested in contracts; violation ground for removal. 122. Board to appoint the city clerk; term to be fixed, and salary. 123. Enumerated departments under control of board. 124. General duty of efficiency and economy. 125. General powers. 126. Duty to keep maps and plans for inspection^ v^ith index. 127. May adopt plans for drainage, sewer and water extensions, and additional water supply. 128. Fix water rates, rules and penalties; income, how applied. 129. May adopt and execute plans as to creeks, water • cpurses and bridges. 130. May 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 defined. 132.. Control of cemeteries. 133. Board to be commissioner of highways; powers. 134. Excavations in streets. 135. Power as to sidewalks. 136. Owner may build sidewalks as required by the board. 137. Public buildings. 138. Garbage; collection thereof. 139. Snow, ice and dirt on sidewalks. 140. Sprinkling streets. 141. Eight to use highways for water pipes. 142. Right to sell water for premises outside of city. 143. Eight to grant use of sewers to persons outside of _city. 144. Lighting of streets and public places. 145. Other departments as may be assigned. 146. Board given full power as to its departments, im- provements and labor; may advertise for bids; letting; security. 147. Fiscal year; statement of required amounts of money. 148. Account to be kept of each department ; transfers of funds prohibited. 55 .Section 149. Quarterly statements. |i 150. Bills to be paid by city chamberlain. f 151. Condemnation of lands. ■ 152. Claims barred by condemnation. 153. Local improvements; assessments for benefits; con- firmation; lien. 154. Grading and paving, portion to be paid by owners; curbs and gutters ; sidewalks ; sewers. 155. Rules and regulations. 156. Penalties for wrongful acts. 157. Penalties for violation of rules and regulations; bow recovered. 158. Certain act a misdemeanor. 159. Bonds; issue thereof; sinking fund. 160. Substituted bonds; issue thereof; sinking fund. 161. Bonds representing sinking fund to be registered. 162. Substituted bonds; rate of interest; exemption from taxation; cancellation. § 107. The mayor shall nominate from the tax paying electors of said city and, by and with the consent of the common council manifested by the concurring vote of at least a majority of the members thereof, shall appoint six commissioners who, with the mayor acting as the presiding officer, shall constitute the board of public works. § 108. The terms of ofiice of the commissioners so appointed shall begin on the first day of January, nineteen hundred and nine, and shall terminate as designated by the mayor appointing them, so that one term shall expire on the first day of January in each year. Each commissioner shall continue in ofiice until his successor shall have been appointed and shall have qualified. § 109. At the first regular meeting of the common council in- January, nineteen hundred and ten, and at the first regular meeting of the common council in January of each year there- after, the mayor shall, from the tax paying electors of said city, nominate, and by and with the consent of at least a majority of all the members of the common council manifested by vote, appoint one commissioner to fill the impending vacancy, which appointment shall be for the term of six years from the first day of January. A commissioner after serving six years shall be ineligible for one year. The appointment of such commissioners 0() shall be so made that no more than three commissioners, other than the mayor, shall belong to the same political party. § 110. A vacancy, other than by expiration of term shall be- filled by the mayor, subject to the ratification of the common council, for the remainder of the unexpired term, by nomination, and consent of the common council and appointment as provided in section one hundred and nine. § 111. Any commissioner may be removed from office by a two-thirds vote of the common council of the city, upon charges preferred in virriting, served upon the commissioner against whom they are preferred, and after such commissioner has had a reason- able opportunity to be heard in his own behalf. § 112. The commissioners shall receive no compensation for their services but shall be reimbursed for expenses and disburse- ments necessarily incurred in transacting the business of the board, when duly authorized by the board and itemized. § 113. Each commissioner before entering upon the duties of his office shall take the oath of office prescribed by the constitu- tion of this state and file the same with the city clerk. § 114. The election to and acceptance of the office -of mayor or alderman in the city by any of the commissioners of the board shall create a vacancy in the board, to be filled as hereinabove provided. § 115. The mayor shall be the presiding officer of the board, and shall be entitled to vote upon all questions except the appoint- ment of officers and employees. The board shall each year select by ballot one of its number to act as permanent vice- chairman, whose duty it shall be in the absence of the mayor, to preside- over all meetings of the board, with the right to vote upon all niatters. § 116. A majority of the members of the board, exclusive of the mayor, shall be necessary for the transaction of business; but less than a majority may regularly adjourn from time to time. The board shall meet at such time as may be expedient or as it shall from time to time designate. Special meetings may be called by the mayor or by any three members of the board by twenty-four hours' written notice, which may be given either per- sonally or by mail addressed to the places of business or residence of said commissioners, respectively. § ll'Y. The city clerk shall act as secretary of the board and keep a record of all meetings. The meetings of the board shall be open ip the public, except when in the judgment of the board the public interest requires executive session. 57 § 118. N^o contract involving the expenditure of moneys shall be made except by vote of a majority of the members of the board. ISTo obligation shall be incurred, money expended, or issue of bonds demanded by the board, except by resolution duly passed by a majority of the members thereof. In every case the resolution and vote thereon shall be recorded in full in the minutes of the board. § 119. ISTo lands or rights shall be purchased of any member of the board for any of the purposes over which the board shall have control, nor any contract made with any member thereof for material or supplies to be furnished for any of the board departments, without a resolution of the board, adopted by an unanimous vote of all other members and the concurring vote of the common council. § 120. The board shall appoint a superintendent of |>ublie works and such engineers and other assistants as in its judgment are necessary, each to hold office during the pleasure of the board, subject to dismissal by the concurring vote of four membfers. The board shall fix the salaries and prescribe the duties of the superintendent, engineer and assistants. § 121. The superintendent of public works shall not directly or indirectly be financially interested in any work or contract for work to be performed for the city or furnish materials for the use of the city. A violation of any of these provisions shall con- stitute sufficient groimd for removal from office. § 122. The board of public works shall appoint a city clerk to hold office either for a period not exceeding four years, or to hold office during the pleasure of the board as it may decide, at an annual salary to be fixed by it. § 123. The board of public works shall take charge and, sub- ject to the limitations herein contained, have exclusive control of, the following departments of the city government, of the property belonging thereto, and of the appropriations made therefor : 1. Water. 2. Sewers and drains. 3. Streets and sidewalks. 4. Creeks and bridges. 5. Street lighting. ' 6. Parks. 7. Cemeteries. 8. Garbage. 58 9. Public buildings and property, but not buildings or property for use of the fire department or schools, nor the erection, altera- tion, repair or extension thereof, except in the fire department. 10. Such other departments as may be assigned to the board under the provisions of section one hundred and forty-five of this act. § 124. It shall be the duty of the board, within the means at its disposal, to secure the greatest possible efiiciency and economy in each of the said departments, and to maintain, improve and extend the property and equipment thereof. § 125. The board may enter upon any lands for the purpose of survey and examination; may contract for, purchase and acquire, by grant, purchase, gift, condemnation or othervyise, in the name of the city of Ithaca, all lands, water rights, easements, privileges and franchises, and all other real and personal property what- soever, either within or outside of the corporate limits of the city of Ithaca, which is necessary in the judgment of the board, for- any of the purposes herein set forth ; and shall have the right to enter upon, take possession of, and appropriate, all such prop- erty, and to do any and every act or thing that may be necessary to carry out the full intent and purpose of all the provisions con- tained in this act. § 126. The board shall have charge of and keep, always sub- ject to inspection, all maps and plans now owned or hereafter acquired by the city, relating to the several departments in its charge. It shall cause to be made and k^pt revised a convenient index to said maps, and also to the papers in its office, showing readily where each mrap or paper may be found. § 127. The board shall have the power to adopt and execute plans for the drainage of the city and for the extension and im- provement of the present sewer and water system, and for pro- viding any additional water supply and system that may be deemed necessary. § 128. The board shall from time to time fix and determine the water rates to be paid by all consumers of water; and shall provide rules and penalties for the collection thereof by the city chamberlain. JThe income derived therefrom shall so fax as necessary be applied to the payment of the cost of maintaining, operating, and extending the system of water works and the pay- ment of the principal and interest falling due on the water bonds now outstanding or hereafter issued. 59 § 129. The board shall have power to adopt and execute plans for the purpose of controlling and regulating the jflow of water in the creeks and water courses, and properly protecting them against overflow, and for providing relief channels or additional ■water courses and bridges for the same, as the board shall deem for the best interests of the city; to alter, deepen, widen and diange the direction of the channel or current of creeks or water courses, or any of them ; to increase, diminish, entirely prevent or change in any manner the customary flow of water, and to cause the same to flow against or upon any other land; to build walls, embankments or levees, and if deemed necessary or advisable, to make them of sufScient width for the construction of streets, alleys or driveways thereon. It shall take charge of and have control over all permanent public improvements now constructed along water courses, maintain, alter, repair, improve and extend the same, and widen and deepen the channel thereof; shall have charge of all bridges, culverts and sluiceways, and build, rebuild or repair the same; and shall clean and keep free from obstruc- tion all channels, ditches, and sluices thereunder. § 130. The board shall have power to adopt and execute plans for the laying out, improvement and maintenance of the parks, and providing additional parks either within or without the limits of the city of Ithaca ; and for such purposes to acquire by gift, purchase or condemnation all or any of the lands within or without the limits of the city of Ithaca, which, in the judg- ment of the board, may be injurious or detrimental to the health of any of the inhabitants of the city; to lay out, cultivate and improve the lands so taken; to adopt and carry into effect such measures and devices as may, in the opinion of the board, be deemed necessary to prevent the growth or formation of disease- producing germs or organisms, or to otherwise render such lands not injurious or harmful to the health of any of the inhabitants of the city ; and when such landg or any part thereof are so im- proved as to be no longer injurious or detrimental to the health of the inhabitants of the city, to sell and convey any part thereof deemed unnecessary for park purposes, the proceeds of the sale or sales of any such lands to be paid to the city chamberlain and be deposited by him in the park fund, to be used in the main- tenance and improvement of all of the parks within or without the city of Ithaca, or in the procuring of other lands for park purposes. 60 § 131. The board shall have the power to regulate and main- tain pviblic parks now established or hereafter laid out and estab- lished by the board; to preserve, adom and protect' the same; to- prohibit and prevent encroachments thereon or injury to the trees,, shrubs and adornments thereof; to adopt rules and regulations, governing the purposes for which the parks 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- determine the methods and manner of adornment of the parks,. and in all things to have complete control and authority thereover. The word " parks " is hereby defined to include all public grounds,, 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 of Ithaca, under the provisions of this act. § 132. The board of public works shall take charge and have- control of all public cemeteries within the city limits, with power to preserve, adorn and protect the same; to establish such rules, and regulations governing the care, maintenance, adornment and uses thereof as may be deemed necessary; to prohibit injury to- or mutilation of any of the adornments or monuments therein,, and to prescribe penalties for the violation thereof. § 133. The board shall be commissioner of highways in and for the city of Ithaca and shall have all the powers of commis- sioners of highways of the several towns of this state, subject to- the provisions of this act, and shall have power to lay out,, alter, discontinue, regulate, straighten, widen, pave, curb, clean and sprinkle the streets, highways, alleys, bridges and crosswalks, and to prevent the encumbering and obstruction of the same in any manner, and to protect them from encroachment or injury; and to construct sidewalks, or cause the same to be constructed, and to- alter, repair, regulate, straighten, raise and lower the same, to- cause the same to be kept free and clean from ice, dirt and snow, and prevent the encumbering, encroachment upon or obstruction of the same, as hereinafter provided. Before laying out any highway requiring condemnation proceedings, and before altering- or discontinuing any highway, a public hearing shall be had after notice thereof has been given by ' publication at least once in at least two newspapers of the city of Ithaca, and by mailing the- same to all the owners of lands through which said new highway is to run, or adjacent to the portion of any highway that is to be- altered or discontinued. § 134. The board shall have the power to permit excavating in any public street or place in said city 'upon satisfactory surety heing given to the board that the excavation so made will be j)roperly guarded, and promptly filled, that any curbing or pave- ment removed shall be relaid with all convenient speed ; that the <;ity shall be held harmless from all claims, demands, suits, costs, .and damages that may resvilt by reason of the excavation, and that the street or public place so disturbed shall be restored to as ^ood condition as existed before making the excavation, and shall he so maintained for a period of one year without expense to the board J the excavation to be made at such time and in such man- gier and under such superintendence as the board may prescribe jn the order granting permission, in addition to the above require- Tnents. Any expense incurred by the board in such superintend- ence, restoration or repairment shall be a lien, until paid, upon the premises or lot for the benefit of which the work was done; to be enforced the same as unpaid claims for the construction of sidewalks as hereinafter provided, and the board shall have a law- ful demand against the applicant to whom such permission may lave been given and may sue for and collect the same in the name of the city, and which when collected shall be paid to the city ■chamberlain and by him credited to the funds against which the ■expense is properly charged. During the progress of excavating :at least one-half of the street, public place or land shall be kept ■open and free for the passage of persons and vehicles. 'No person ■or corporation shall make any excavation in any street, lane or public ground, or under sidewalks, without first obtaining such permit in writing. § 135. The board shall have power to construct or build any sidewalk, or portion thereof, in such manner and with such material as, in the judgment of the board, may be deemed best ; Tepair any and all sidewalks upon any street or any portion thereof; regulate, or change the width or space between the side- walk and the curb line of any street, and have full power over the sidewalks now constructed or hereafter to be constructed upon any of the streets, highways, alleys or other. public places in the city. § 136. The owner or owners of the property along or in front ■of which a sidewalk is to be built or rebuilt, shall, upon request in writing to the superintendent of public works, be given permis- sion to build, repair or rebuild such sidewalk without expense to 62 the city, in conformity however with all the requirements of the board as to time of buildilig, repairing or rebuilding, material to be used therefor, grade and location thereof, and manner and method of construction. If such requirements are not complied with, the board of public works shall make such sidewalk conform therewith at the expense of the o^vner or owners, to be collected in the manner provided for the removal of ice and snow. § 137. The board of public works shall have supervision over all public buildings now owned by the city or hereafter acquired by it, and shall provide for their heating arid lighting; superin- tend the making of repairs and all alterations thereto; supervise the construction of all buildings that may be required for city purposes; and procure necessary equipment, with a general super- vision and control over all matters pertaining to such buildings and equipment. The above powers of superintendence shall not be deemed to apply to that portion of public buildings occupied by fire companies (except the erection, alteration or extraordinary repair thereof), to fire apparatus, or to school buildings or equipment. § 138. The board of public works is empowered to take charge; and have control of the collection and disposal of garbage in the city of Ithaca, and to adopt riiles and regulations governing the collection thereof. § 139. The board shall have power to require all persons ovming or occupying property in the city, and the owners of iinoccupied 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 encroachment or obstruction; and in case of neglect or refusal on the part of such owner or occupant to remove the same, the board may perform the labor and thereupon make out and deliver to the city clerk a statement of the expense and description of the prop- erty, and the amount of such expense with ten per centum added shall be a lien or charge upon the lot^ land or plot so described and the same shall be assessed to the owner of the property and added to the amount of the next annual city tax and collected in the same manner provided for the collection of taxes. § 140. The board of public works shall have power to cause any street in said city, or portion thereof, to be sprinkled in such a mannfr and at such times and seasons of the year as may be deemed advisable by the board, and assess the expense thereof to- 63 the owners or occupants of the property assessed upon each side of the street or portion thereof as shall have been benefited thereby, according to the number of feet frontage. All such assessments shall constitute a lien upon the lands and premises thus benefited and be levied and collected in the manner provided for the col- lection of taxes. § 141. The board of public works and all acting under its authority shall have the right to use the ground or soil under any street or highway in the city, for the purpose of introducing water into and through any and all portions of the city, and such right shall be continuous for the purpose of repairing and relay- ing water pipes. Said board shall cause the surface of such street, highway or road to be restored to its normal condition. § 142. Said board of public works may, in behalf of the city, sell to a corporation or individual outside of the city, the right to make connections with the water mains for the purpose of drawing water therefrom, and shall fix the prices and conditions therefor; but the boai-d shall not sell or permit the use of water under this section if or when thereby the supply or pressure for the city or any of its inhabitants will be insufiicient. § 143. Said board of public works may also in behalf of the city -sell to a corporation or individual ovitside of the city the right to make connections with and use the sewers of the city, and shall fix the prices, terms and conditions therefor; but no such right shall be granted or continued if or when thereby the sewers of the city, or any of them, be or become insufficient for the purposes of the city and its inhabitants. § 144. The board of public works shall have power to provide for the lighting of the streets, highways, alleys, public places and municipal buildings in the city, and for the protection and safety of the public lamps to prevent the same from being lighted or extinguished by persons not authorized so to do, and to provide- rules and regulations concerning same, and penalties for wilful violation of the rules and regulations so prescribed or wilful injury of lighting appliances. § 145. The board of public works shall take charge and have control over such other department or departments as may from time to time be assigned to it by the common council of the city of Ithaca, and thereupon shall pass such rules and regulations as may be necessary for the proper management of the department or departments so assigned. 64 § 146. The board of public works shall have the power in all of its departments fo make improvements and perform any labor contemplated within said departments by the aid of its own servants and employees, or by contract. If the board shall determine to have any work performed and materials furnished by contract, in excess of five hundred dollars it shall advertise for bids upon the work to be performed and materials to be fur- nished, for at least twice a week for two successive weeks in one or more of the daily newspapers published in the city of Ithaca, and upon the coming in of the bids and the opening thereof at the time specified, the board may, as in its judgment deemed best, reject any or all bids submitted, or may let the contract for the particular work desired to the lowest responsible bidder. The board may require security or certified check to accompany the bids, assuring the execution and faithful performance of the par- ticular contract upon which the bid is made. § 147. The fiscal year of the board shall begin on the first day -of January in each year. The board shall, prior to the first day of March in each year, submit to the common council a statement of all salaries paid by said board and an estimate of the amount which in its judgment is reqiiired, in excess of all ordinary income, for the maintenance charge during the year in each department, and also the estimated amount needed for any per- manent improvement, specifying the nature of such improvement. The board shall include in the estimated amount required for the water department the cost of water for .fire and other munici- pal purposes. § 148. Each separate department shall be credited vsdth the amount that shall be appropriated by the common council there- for, together with all other income received from such depart- ment; and charged with the expense thereof. Moneys appropri- ated for maintenance or for permanent improvements in one I department may not be transferred to or used for any other pur- pose or in any other department, until the board has certified to the common council the transfer desired and the occasion therefor, and the common council has approved of such transfer. No con- tract shall be made or expense incurred in any department in excess of the amount appropriated to that department, and the members of said board shall be personally liable for all expenses or indebtedness incurred in excess of the appropriations by the common council to said board. 65 § 149. The board of public works shall quarterly, and at such other times as may be required either by the mayor or by the common council, render to the common council an itemized state- ment of all its receipts and disbursements properly classified and showing the balance on hand at the beginning and at the close of the period covered ; and at the close of each fiscal year it shall submit an annual statement, showing by suitable sum- maries, the cost and the income of each department. Whenever requested by either the mayor or by the common council, the board shall also furnish any additional information in regard to its work or the cost thereof. § 150. All bills incurred by the board of public works, and all amounts payable out of the moneys appropriated to the use of the board and out of the income derived from the operation of the water plant or from any other department in charge of the board, shall be paid by the city chamberlain on the audit and order of the board. § 151. Whenever the board shall have determined to take and appropriate any lands, interests or easements, deemed by it neces- sary in the execution of any plan or improvement adopted by the board, or in the execution of any part of any plan or improve- ment in any of the departments under the control and supervision of the board, which lands and rights shall not have been other- wise acquired, the board may proceed to the condemnation of the same pursuant to the provisions of titles one and two of chapter twenty-three of the code of civil procedure. § 152. All persons upon whom or in respect to whose lands, rights or easements condemnation shall have been had, are for- ever barred from maintaining any claim, right of action or pro- ceeding to recover damages from the city of Ithaca by reason of the making of any improvements,' alteration, or extension of im- provement or work done by the board in any of the departments under its control, or of any change in the flow, of any stream or current, except in the condemnation proceedings by which said lands, or rights in land, were acquired. § 153. Whenever any improvement or any portion thereof in any of the departments jvithin the power and under the control of the board, or of any board of which this board is the successor, shall have been completed or partially completed, or when any section thereof deemed siifficient for assessment purposes shall have been completed, and it shall appear to the board that prop- erty in the locality, whether immediately adjacent or more remote, 66 is especially benefited thereby, the board shall thereupon deter- mine what portion, if any, of the expense of such improvement^ including the damages, award or cost of acquiring lands and rights, not exceeding in its judgment, the amount of the benefit,, shall be assessed upon the property benefited, and what portion, if any, shall be paid by the city at large; determine the area,, district or territory benefited, and forthwith assess in proportion as nearly as may be to the benefits, the expense and damages, that are to be paid by local assessment upon the lots and parcels- of land to be benefited thereby, to the several owners or occupants thereof when known, and- when unknown, to the unknown owner of any such lots or parcels of land, describing the same, and shall make a written statement of such assessments and file it with the city clerk who shall give 'public notice in two news- papers published in the city, that the same has been left with him, and that the common council will, on a certain day therein specified, which shall be at least ten days after the' first publica- tion of said notice, proceed to confirm said assessments. Before the day specified said notice shall be published at- least three times in each newspaper. At the time so specified, any person interested may appear before the common council and apply to have such assessments altered or corrected as justice may require.- The common coimcil may thereupon alter, correct and confirm such assessments without further notice, and when so confirmed,., the amount of each assessment shall be a lien upon the real prop- erty upon which it is assessed. The common council may pre- scribe and proportion deferred payments, make such regulations therefor as may be deemed advisable, and provide for adding to the deferred payments, the same percentages, fees and expenses as in this act provided in the assessment, levy and collection of the city tax. § 154. The expenses of grading, paving or repaving any street shall be paid, one-third by the city of Ithaca, out of the street and sidewalk fund, two-thirds by the owners or occupants of property fronting or adjoining the street thus improved in proportion to- the frontage thereon. Expenses of building, laying or resetting curbs and gutters shall be paid one-thir'd by the city of Ithaca,, out of the street and sidewalk fund, and two-thirds by the owner or owners of the property fronting or adjoining the side of the street upon which the improvement is made in proportion to the frontage thereon. The expense of constructing, repairing, relay- 07 ing, raising, lowering, or changing the location of any sidewalk shall be paid by the owner or owners of the property in front of which the improvement is made. § 155. The board of public works may make, alter and modify, publish and enforce, from time to time such rules and regula- tions, not inconsistent with the law, as may be deemed necessary for the conduct of all. its departments, for the employment, dis- missal, discipline and government of the persons em.ployed by it, and for the government of its superintendent of public works and his assistants, and for the performance of all work au- thorized by it. § 156. The board may prescribe penalties for wilful or mali- cious acts by any person or persons whereby any of the property or rights under the control of the board in any of its departments shall be interfered with, impaired, obstructed or injured, and may enforce the penalties and recover the actual damages sus- tained thereby in the manner provided in this act, crediting the money so recovered to the department to which it properly belongs. § 157. The board may prescribe penalties, not exceeding fifty dollars for the violation of any of the rules and regulations adopted by it in any of its departments ; which rules and regula- tions, when regularly adopted, may be enforced by action brought in the name of the city of Ithaca, and the amount so recovered shall be paid ,to the city chamberlain, and be credited to the department to which the moneys so recovered properly belong. No action shall be brought to recover any penalty for violation of any rule or regulation unless the same shall have been -published prior to such violation at least twice a week for two successive weeks in one of the daily papers published in the city of Ithaca. § 158. Any act whereby any property, apparatus or appliances pertaining thereto, which shall be under the power and control of the board in any of its departments, shall be wilfully or mali- ciously injured, impaired or obstructed, or the water supply shall be rendered less pure, shall be deemed a misdemeanor, and the person or persons convicted thereof shall be punished accordingly. § 159. Whenever the board of public works shall consider it necessary to incur any indebtedness requiring that any bonds of the city of Ithaca shall be issued providing for a supply of water or in aid thereof, it shall certify to the common council the esti- mated amount so needed, which shall not exceed in the aggregate 68 of all bonds issued for water purposes the sum of one million one hundred thousand dollars, and the particular purpose or purposes for which required; and in case the said common council shall, by a majority vote of all its members, approve of the issuing of such bonds for the purpose or purposes set forth in- said certificate, the board of public works shall by resolution cause bonds for the amount so certified to be issued in the name and upon the credit of the city of Ithaca, which bonds shall be executed by the mayor under the corporate seal of the city and countersigned by the city clerk. The faith and credit of the city of Ithaca, are hereby pledged for the payment of both principal and interest of any bonds lawfully issued heretofore or under and in pursuance of this act. Said bonds shall be issued in such denominations or amounts as the board of public works may deem expedient, bearing inter- est at a rate to be fixed by the board, not exceeding five per centum per annum, and shall be made payable on the first day of July, nineteen hundred and twenty-seven, either with or -without the option on the part of the city of Ithaca to pay or refund said bonds on the first day of July, nineteen hundred and twelve, or at the expiration of any year thereafter. A sinking fund shall be provided for the payment within twenty years of that portion of said bonds which exceeds ten per centum of the assessed valuation of the real estate of the city subject to taxation, as it appeared by the assessment roll of said city on the last assessment for state and county taxes prior to the incurring of such in- debtedness. § 160. The board of public works may at any time within two years prior to the date or dates when the bonds last aforesaid shall mature, or become payable pursuant to such option, issue in the manner hereinbefore set forth, new substituted bonds for the purpose of paying up and retiring the said bonds last hereinbefore provided for, when the same shall become payable. Said new sub- stituted bonds shall be issued in such denominations or amounts as the board may deem expedient, but not less than one hundred dollars each, with interest at a rate to be fixed by the board within the limits hereinafter specified, payable semi-annually, both prin- cipal and interest to be made payable in the city of New York at a bank or trust company to be specified in each bond. Such portion thereof as shall be required to retire the bonds previously issued in excess of the said ten per centum limit shall bear interest at a rate not exceeding four and one-half per centum per annum, and 69 shall be due and payable on tbe first day of July, nineteen hundred and twenty-seven, and a sinking fund shall be created on the issuing of such bonds for their payment at maturity by raising annually a sum, which, with the sinking fund accumulated in connection with the original issue, will produce an amount equal to the sum of the principal and interest of such bonds at their maturity. Such portion of said new substituted bonds so issued 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 fxmd commissioners for investment of funds then on hand, shaU be issued to said sinking fund commissioners therefor, a like amount of new bonds being siibstitutefl 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 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 day of July, nineteen hundred and twenty-seven, in which the sinking fund may be invested, shall at the time they are added to the sinking fund be registered in the name of the city and con- spicuously stamped "non-negotiable." The interest coupons, if any there be, shall at the same time be removed and destroyed. The interest thereon shall be added to the sinking fund as it accrues. § 162. Such portion of said new substituted bonds as shall be required to retire the bonds previously issued not in excess of the ten per centum limit shall bear interest at a rate not exceeding four per centum per annum, and shall be due and payable in thirty years from the date of issue. In case such new substituted bonds shall be issued pursuant to this act, such bonds shall, until due, be exempt from taxation for town, county or municipal and state^ purposes. All bonds paid and retired shall be immediately can-* celled. 70 TITLE VII. FiKH Depaetment. Section 163. Incorporation. 164. Fire commissioners. 165. Organization as a board. 166. Its powers and duties. 167. Limit of expenditures. 168. Chief engineer and first and second assistaiits. 169. Election of first and second assistant engineers. § 163. All such persons as are now or shall hereafter be mem- bers ai any fire company now organized in the city of Ithaca, or which may hereafter be organized by the board of fire commis- sioners herein provided shall be and continue a body corporate by the name of " The Ithaca Fire Department," and such corpora- tion, through its board of fire commissioners, is authorized to pur- chase, receive by gift or otherwise hold and convey any real and personal property for the use of said corporation ; provided, how- ever, that the title of all real property shall be vested in the name of- the city of Ithaca, and the purchase or conveyance of any real property shall be subject to the approval of the common council of said city. § 164. There shall be a board of fire commissioners, con- sisting of three commissioners appointed by the mayor and confirmed by the common council. The term of office of fire com- missioner shall be three years commencing on the first day of July, one commissioner to be appointed each year. Such appoint- ment shall be made at a meeting of the common council held in June each year. A commissioner shall hold office until his suc- cessor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner in this act provided. Permanent removal from the city or other cause, to be deter- mined by the common ooimcil, rendering impossible the proper discharge of his duties as a commissioner, shall create a vacancy. The commissioners now in office shall continue until the expira- tion of the term for which they were respectively appointed. § 165. At their first meeting in July said fire commissioners shall organize as a board by electing one of their number as chair- man, and the appointment of a clerk and such other officers and employees authorized, for the ensuing year. Said board shall 'hold such stated and special meetings at such time as they may 71 determine but at least once in each month. Two members of said board shall constitute a quorum. The fire commissioners shall serve without salary or compensation. §' 166. It shall- be its duty and said board of fire commissioners shall have power: 1. To assume entire control and management of all buildings, apparatus, alarm system, equipments, appliances, supplies and employees exclusively in the fire department service. 2. To appoint all compensated ofiicers and employees of the •department, except the chief and assistant engineers. 3. To determine, from time to time, what paid officers and em- ployee shall be engaged, to prescribe their duties and fix their compensation. 4. To organize new companies and to disband any department ■company, subject to the approval of the common council. To admit new members and to transfer members, upon application and certification of company officers, from one company to another. To try, reprimand, suspend or expel any member or officer for cause. 5. To file with and certify to the city chamberlain each month all bills for expenses incurred by them for fire department pur poses, and to file with the city clerk, immediately after the first meeting in January in each year, a detailed report of the ex- pensed for the preceding year together with a certified list of all paid officers and employees in the service, together with the rate of wages or salary to be paid each such person. Any. changes or additions in such list to be likewise immediately filed. 6. To submit to the common council, on or before the first day of May in each year, an estimate of the amount of money neces- sary to cover the expenses of maintenance of the department, in- cluding all salaries and wages, equipments and supplies, and for the maintenance, heating, lighting, and ordinary repairs o± 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, not in- consistent with this act or the ordinances of the city of Ithaca or of the laws or constitution of this state or of the United States. 8. To be trustees of and set aside all moneys paid by insurance companies, except the amount payable to the Firemen's Associa- tion of the state of N"ew York under the provisions of the in- 72 surauce law, for the support and maintenance of the Firemen's Home at Hudson, New York, to be accumulated as a relief fund for indigent aad disabled firemen, with power to draw upon such funds for temporary 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 council shall require, said board shall submit to the com- mon council a detailed accounting of such funds. Any other moneys, gifts or property whatsoever acquired for such relief or benefit purposes shall be likewise held, disbursed aud .accounted for. § 167. Said board of fire commissioners shall in no year expend a sum or incur any indebtedness in excess of the amounts appro- priated by the common'council for the use of said fire department and such commissioners shall be personally liable for any expendi- ture or indebtedness incurred in excess of such appropriations. § 168. The present chief engineer and first and second assist- ant engineers elected by the department shall continue to ex- ercise the duties -and powers of their ofiices until the expiration of the terms for which they were respectively elected and until their successors are elected and qualify. § 169. As soon as practicable after the first day of December in each year said board of fire commissioners shall cause to be inserted in two of the leading newspapers of said city a notice that a caucus will be held on some specified day between the tenth day of December and the seventeenth day of December for the purpose of placing in nomination a chief engineer, a first assistant engineer and a second assistant engineer of said depart- ment. The several fire companies of said city shall on the last Wednesday of each year, at such place as shall be designated by said board of fire commissioners and between the hours of four o'clock in the afternoon and nine o'clock at night, hold an election,, of which said board of fire commissioners shall act as iuspectors. Notice thereof shall be given by two insertions- in two of the lead- ing newspapers of said city once each week before said election. At that time there shall be elected a chief engineer, a first assist- ant engineer and a second assistant engineer. Said board of fire commissioners shall canvass the vote cast at such election and make return thei-eon to the common council of said city at its next regular meeting and said common council shall thereupon approve or disapprove of the officers so elected ; and if said coun- cil shall disapprove of any of said officers within two weeks after being thus notified of such election, then the board of fire commissioners shall call a special election of said department, at which shall be elected other persons in place of the ones dis' qualified. The officers then elected at such second election shall hold office until their successors are elected and duly qualified unless removed for cause. The special election shall be held and the canvass and return of the vote be made in all respects the same as in the case of the regular election as hereinabove provided. TITLE VIII. Depaetment of !Eddcation. Section 170. City one school district. lYl. Commissioners; board of education. 172. Election of commissioners. 173. City chamberlain to be school collector. 174. Commissioners to take oath of office; vacancies, how filled. 175. Removal for misconduct; resignation. 176. Annual meeting; president; no compensation. 177. Regular meetings ; special meetings, hov? called. 178. Appointive officers of the board; their duties; records of meetings ; evidence. 179. Pov7ers of board of education to raise funds by taxation. 180. Taxes; how assessed, levied and collected; bond of city chamberlain; notice to be published and posted. 181. City chamberlain to collect without compensation other than salary; to collect percentage addi- tions; daily payment to treasurer of board; settlement with board. 182. Certain provisions of consolidated school laws ap- plicable. 183. All moneys to be paid to the treasurer of the board. 184. All moneys to be deposited to credit of the board. 185. Drafts on county treasurer for various funds from the state. 186. Treasurer to pay out moneys on drafts of the board; make written statement, when required; settlement with board and payment to his suc- cessor. 74 Section 187. Board may prosecute official bond of city chamber- lain or treasurer. 188. Powers and duties of the board enumerated. 189. Raising fund for new building; to be submitted to voters. 190. High school one of the academies of the state; sub- ject to visitation of the regents; shall share in state funds. 191. Annual reports to state superintendent. 192. State superintendent to apportion school funds; 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; its powers and duties in relation thereto ; may appropriate tv70 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 talie and hold property. 196. Annual statement to be published; contents. 197. Notice of city clerk of election or appointment; penalty for refusal to serve; for neglect of duty; prosecutions. 198. Board may appoint a superintendent of schools; prescribe his duties; his other duties; salary. 199., Conflicting acts repealed; power of state superiu- tendent preserved; his decision of disputes final. § 170. All school districts and parts of school districts in the city of Ithaca shall, for the purposes hereinafter mentioned, form one school district, to be called the school district of the city of Ithaca. Said district shall not be altered except. by legislative enactment. § 171. The present commissioners of the school district of the city of Ithaca, for the periods for which they v/ere respectively chosen^ or their successors in case of vacancies occurring before the expiration of such periods respectively, shall be commissi one i> of the school district of the city of Ithaca, and the said commis- sioners and their successors, chosen as in this act provided, are hereby continued a body corporate, styled the board of education of the city of Ithaca. A majority of the commissioners sha'l con- stitute a quorum. 75 § 172. There shall be elected annually at each annual city election in said city, in the sasTie manner as other genera!, city ■oflBcers are elected, and by vote oi" the inhabitants qualified to vote for such 'general city officers, or qualified to vote as provided by the consolidated school Jaw of the state, four commissioners, to fill the places of those whose terms of office expire on the first day -of January next succeeding such election. The commissioners >hal] hold their respective offices for the term of three years from the first day of Janiiary next succeeding their election, and until their successors shall be elected and enter upon the duties of their •ofiice, respectively. § 173. This act shall not be so construed as to disqualify any comissioner aforesaid for re-election. The city chamberlain of the city of Ithaca shall by that title be the collector ex-officio of the' said school district of the city of Ithaca, azid his duties, author- ity and jurisdiction ^hall extend to all taxes levied by the said board of education of the city of Ithaca during his term of office .as such city chamberlain, and shall continue until his final settle- ment with said board of education as required by section one hun- dred and eighty-one of this act. Said city chamberlain with ref- erence to said taxes shall also perform the duties, possess the pow- ers, and be subject to the obligations prescribed by law for town «ollectors, except as herein otherwise provided. § 174. The commissioners elected by virtue of this act, before -entering upon the duties of their office, shall each take tTie oath of office prescribed by the constitution of this state, before the •clerk of the city of Ithaca, who is hereby empowered to administer said oath, and said clerk shall file the same among the records of the city. The board of education shall have power and it shall be its duty to fill any vacancy in the said board which may occur from any other cause than the expiration of term of office, the* -commissioner so appointed to hold office until a successor is duly elected to fill such vacancy, and qualifies. § 175. Any member of the board of education may, for neglect of duty, or either immoral or official misconduct, be re- - moved from office by the board, by a vote of two-thirds present at any regularly called meeting thereof; but before final action thereon, a written copy of the charges preferred against said mem- ber shall be served upon him, and he shall be allowed an oppor- tunity to explain or refute them. Any member of said board may resign his office by giving one month's previous notice, in writing, to the said board, which may, if it deem the reason suf- ficient, accept the same. § 1T6. At each annual meeting of the board it shall elect one of its number' president of the board, and whenever he shall be absent, or unable to act, it shall appoint a president pro tempore. The board shall fix the time for its annual meeting, and, unless changed by a resolution of the board, the time thus fixed shall be the time for future annual meetings. The commissioners shall receive no compensation for their services. § 177. The board of education shall meet for the transactioit of business as often as once in each month, and may adjourn for any shorter time. Special meetings may be called by the presi- dent, or, in case of his absence or inability to act, by any member of the board, as often as necessary, by giving personal notice -to each member of the board, or by mailing a written or printed notice to his address, at least twenty-four hours before the time for such special meeting. §178. The board of education shall appoint a secretary,' treas- urer and librarian and such othei' officers as in the judgment of the board of education may be deemed necessary, who s-hall hold their offices during the pleasure of the board, and whose compensa- tion shall be fixed by the board; and the same person may hold two or more of such offices. The secretary shall keep a record of the proceedings of the board and perfoi-m such other duties as the board may prescribe. The treasurer shall, before entering upon the duties of his office, furnish a bond acceptable to the board of education in such penal sum as may be fixed by it, and said board shall have power to increase the amount of said bond whenever in its discretion said board may regard it advisable. The librarian shall have full charge of the library or libraries of the district,. ^ and may appoint such assistants as may be necessary, from time to time, and such assistants may be removed at any time by the- board of education. The record of the proceedings of the board of education, or a transcript thereof certified by the secretary,, shall be received in all courts as prima facie evidence of facT^i- therein stated, and such record, the books, accounts, vouchers and papers of the said board shall at all times be subject to the in- spection of the common council of the city, or any committee thereof, or any taxpayer, and a transcript thereof may be taken. The board of education may by resolution prescribe the duties of any of its appointees, in addition to the duties specified in this- title. 77 § 179. The board of education shall have power, and it shall be its duty, to raise, by tax to be levied upon all the real, and per- sonal estate in said school district, which shall be liable to tax- ation for school purposes, such sums as may be determined to be necessary and proper, for any or all the following purposes, for the current year: 1. To purchase, lease or improve sites for schoolhouses. 2. To build, purchase, lease, alter, a,nd repair schoolhouses, out- houses and appiirtenances thereto belonging. 3. To purchase, exchange, improve and repair school apparatus and provide suitable and necessary text books for the pupils of the several schools under its care ; provided, however, that it shall be optional with said board of education to provide suitable and necessary text books for the pupils attending the high school. 4. To procure fuel and defray the necessary expenses in keep- ing the schoolhouses in order, exclusive of repairs, including, insurance. 5. To defray the contingent expenses of the several schools and the district library or libraries, including salary of librarian and superintendent. 6. To defray the contingent expenses of the board of education, including the salary of the treasurer and secretary thereof. 7. To pay teachers' wages after the application of the public money appropriated by law for that purpose. 8. To pay charges or expenses incurred by law, or necessary to carry this act into effect, or to refund loans contracted by law, and to pay the interest thereon, or to pay such sums as shall be required to fulfill any contract duly made under the provisions of this act. § 180. The tax aforesaid and all of the taxes to be levied and collected by virtue of this act, shall be assessed and the tax list made out and delivered to the proper officer for collection, within thirty days after the same shall have been voted. The said tax list shall be made out by the board of education upon the basis of the last assessment-roll of the city, including in such tax list all property on said roll liable to taxation for school purposes, except that the board of education may for such purpose amend and correct any error which may have been discovered m said roll. The board of education shall attach to said tax list its warrant for its collection, directed to the city chamberlain and signed by the president and secretary of the board. Before the delivery of the warrant to him the city chamberlain .shall executfr and deliver to the board of education a bond in a penalty fixed by the board, vs^ith a surety company as surety, to be approved by the board, conditioned for his honestly and faithfully dis- charging his duties as specified in this title, in the ooUection of school taxes and percentage additions, and accounting for and paying over all such money which shall come into his hands a» such city chamberlain. The premium expense of such bond shall be paid by the board of education. The said warrant shall be the same in form as a warrant issued by the trustees of a school district of the state, and it shall have a like force and effect as- are given to a warrant of the trustees of a "School district by the general laws of this state. The board of education may renew, from time to time, as "it shall deem proper, any warrant issued for the collection 'of any tax assessed by them by virtue of this act. The board of education, upon delivering any tax list and warrant to the city chamberlain, shall retain a copy of the same and shall take a receipt from the city chamberlain for the said fax list and warrant, which receipt shall specify the amount and the percentage additions to be collected, and the return day of 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 :^rst publication, the city chamberlain will collect and receive said taxes at his ofiiee without percentage. 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 and receive on all sums unpaid three per centum in addition for the benefit of the board of education, and on all sums there- 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 education all taxes and percentages collected or received. He shall settle with the board of education at its first regular monthly meeting after the final expiration of said warrant and shall ac- 79 count to" it for all moneys received by liiili upon the tax list delivered to him. He shall also comply v^ith section seventy-two of title seven of the consolidated school law the same as is re- quired of the collector of any other school district of the state, in which case the board of education shall credit him with the amount to which he shall be entitled by virtue of the said section. § 132 J It shall be the duty of the board of education to pro- ceed with the account .of money so credited to the city chamber- lain, the same as trustees are directed to do under like circum- stances by section seventy-three, title seven 'of the law aforesaid. All the provisions of sections seventy-four, seventy-five, seventy- six and seventy-seven of said title seven of the aforesaid law shall have the same application to the taxes of this school district as to those of other school districts of the stata The board of edu- cation shall also have the same power to sue for and collect any tax as is given by section eighty-five of said title seven of the aforesaid law to trustees of school districts. § 183. All moneys raised pursuant to the provisions of this title, and all school moneys by law appropriated to or provided for, or received from any source for said city, shall be paid to the treasurer appointed by the board of education, who, together with the sureties upon his ofiicial bond", shall be accountable therefor. § 184. All moneys raised by virtue of this title, or received from any other source, for the use of the public schools in said district, shall be deposited with the said treasurer for safe-keeping thereof, to the credit of the board of education, until dravm as hereinafter provided. § 185. The treasurer of the board of education shall, at the proper time in each year, draw upon the county treasurer, or other proper officer, for aU moneys appropriated to said district from the common school, literature or other funds of this state; and he is hereby -authorized to receive the same for the said dis- trict as provided in the preceding section. § 186. The said treasurer shall pay out the moneys received by him by virtue of this act only upon drafts drawn by the presi- dent and countersigned by the secretary of the board of educa- tion, which drafts shall not be drawn except in pursuance of a resolution or resolutions of said board, and shall be payable to the person or persons entitled to receive the money thereon. The treasurer, when required to do so by the board of education, shall 80 m'ake to it a written statememt of the moneys received - and dis- bursed by bim on its account, together with the amount in bis bands at the time of such statement. At the end of his official term be shall settle with the said board of education, and pay to bis successor in office, to the credit of the said board, all moneys ' remaining in his bands subject to its order. § 187. The board of education may cause a suit or suits to be prosecuted in its corporate name, upon the official bond of the city chamberlain or treasurer of the board, for any default, delin- quency or official misconduct in relation to the collection, safe- keeping and payment of any money in this title mentioned. § 188. The said board of education shall have the power and it shall be its duty: 1. To organize, establish and maintain such ajid so many schools in said school district, including the common schools and high school now existing therein, as it shall deem requisite and expedient, and to alter and discontinue the same. 2. To purchase and hire scboolhouseis and rooms, lots or sites for seboolhouses, and to fence and improve them. 3. Upon the lots 'and sites owned by said board of education, to build, enlarge, alter, improve and repair seboolhouses, out- bouses and appurtenances, as it may deem advisable. 4.- To purchase, exchange, improve and repair school apparatus, books for pupils (save as hereinbefore provided), furniture and appendages, and to provide fuel for the schools, pay the necessary insurance on buildings and school prbperty and to defray con- tingent expenses of the school library. 5. To have the custody and safe-keeping of the schoolhouses and all school property belonging to said district, and to see that the ordinances of the board in relation thereto be observed. 6. To contract with, examine, license and employ all teachers in said schools, and at its pleasure remove them. 7. To pay the wages of such teachers out of the money appro- priated and provided by law, or by this act, for the support of common schools in said district. 8. To defray the necessary contingent expenses of the board, including the annual salary of its officers. 9. To have in all respects the superintendence, supervision and management of the schools of said district, and, from time to time, to adopt, alter, modify and repeal, as it may deem expedient, rules and regulations for their organiza;tion, government and in- 81 struction, and for the reception of the pupils and their transfer from one class to another, or from one school to another, and generally for their good order, pr^perity and utility. lO. To sell any of the sohoolhouses, lots or^sites, or any of the school property now or hereafter belonging to the district, when • Authorized to do so by a majority vote at any regular or special election of the voters of the district, upon such .terms as the board shall deem most advantageous ; and the proceeds of all sales shall be paid to the treasurer and shall be by said board of education ■expended in the purchase, repairs or improvements of school- houses, sites or appurtenances, furniture or apparatus. § 189. Whenever in the opinion of the board of education it shall become advisable to erect any school building, the estimated