J3 954 N53+ + tU4 come.. un.vers.ty Library JS954 .N53 ++ ... ♦„ incoroorate.thecnY° ,,,,,,, 1 olin DATE DUE ^'^i^--. i^f^^r*. rljfti '- f^bp-*" x^E^n^' r^'\^^!':^r^ Myxjv J- *S«^ ,..i-*««-S.a!-^^,j.J^,;. 8Srf;(-!i:="*f-''«^'"V ■'< ,./ -■. "\ GAYLORD PRINTEDINU.S.A. 4 A,l'^^^3f State of New York. No. 603.ff«#t|S> lt:v!l>-^^ Int. 930. IN ASSEMBLY •«T-'i_ •/ «' urn 01 leca March 15, 1888. AN ACT To incorporate the city of Ithaca. Introduced by Mr. ENZ — read twice and, by unanimous conseiit, ordered to a third reading and printed. The People of tiie State of New York^ represented in Senate and Assembly^ do enact as follows : " TITLE I. Of the Boundaries and Civil Divisions^ 1 Section 1. All that district of country in the town of Ithaca in the county 2 of Tompkins, comprised within the following boundaries, to wit : Commenc- 3 ing at the southwest corner of DeWitt's location in the town of Ithaca; 4 thence due east along the south line of said location and the south line 5 produced, to a point three thousand four hundred and fifty-two feet east of 6 the east line of lot ninety-four; thence due north parallel with said east line 7 of lot ninety-four to the north line of lot ninety-two; thence west along the •8 north lines of lots ninety-two and ninety-four and these lines produced, ^ to the west line of lot eighty-seven; thence south along the west line of said (^ , ; ■ 2 10 lot eighty-seven an4 the west line of said De Witt's location to the- place of 11 beginning, shall) be a city ki^o;wn as "the city of Ithaca;" and the- citizens of 12 this state from time to time inhabitants within the aforesaid limits, s.hiall be 13 a body corporate and politic by the name of "the city of Ithaca," and as 14 such shall have the rights, powers and privileges conferred by the general 15 statutes of this state upon municipal corporations, as well as those conferred 16 by this act, which shall be known as the charter of said city. 1 §2. The said city shall be divided into four wards, as follows: First 2 ward — All that part of said city lying on the westerly side of the middle of 3 Corn, Varick and Fifth streets, shall be known as the first ward. Second 4 ward— All that part of said city bounded as follows: Beginning on the south 5 boundary of said city in the center of Corn street; running thence north along 6 the center of said Corn street to its intersection with State street; thence 7 east along the center of said State street to its intersection with Tioga street; 8 thence north along the center of said Tioga street to its intersection with 9 Buffalo street; thence east along the center of said Buffalo street to the east 10 boundary line of said city ; thence south along the east boundary of said city 11 to the south boundaryline of said city ; thence west along the south boundary 12 of said city to the place of beginning, shall be known as the second ward, 13 Third ward — All that part of said city lying on the east of the center of 14 Corn street, center of Varick street, center of Fifth street and north of the 15 center of State street, and west of the center of Tioga street, shall be 16 known as the third ward. Fourth ward— All that part of said city lying east 17 of the center of Tioga street and north of the center of Buffalo street shall 18 be known as the fourth ward, 1 § 3. Whenever the population of any ward shall exceed that of any other 2 by five hundred inhabitants the common council may alter the boundaries of 3 the wards or increase the number thereof, so that the population in each 4 ward shall be equal as. near as conveniently may be, and shall by '3 ^;^;r,esoliiliow^ to be entered in the minutes ol the common council, declare the^ 6 limits of each ward, which resolution shall be published in one or more of 7 the city papers for two successive weeks, but no new ward shall be created 8 with a population of less than two thousand. TITLE 11. Of Offioebs, Their Election and Appointment, 1 ' Section 1. The officers of said city shallbe as follows: A mayor, recorder, 2 two aldermen from each ward and two supervisors, all to be elected on 3 general ticket by the qualified voters of the city; an assessor, a treasurer, a ,4 collector of taxes, a city superintendent, a city clerk, a city attorney, a pound 6 master, such police constables, general and Ispecial, as in the judgment of the 6 common councir may be deemed necessary, and one fire warden from each 7 ward, all of whom shall be appointed by the mayor of said city; but the same 8 person may be so appointed to and hold one or more of said offices at the - 9 same time. Before any person shall be so appointed to one or more of said 10 offices the common council shall fix the maximum rate of compensation to 11 be paid for performing the duties of each of said offices, which maximum 12 rate shall not be changed during the incumbency of the appointee next 13 thereafter appointed thereto except with the consent of the mayor. The 14 common council may also, prior to each of such appointments, prescribe the 15 duties of such offices in addition to and not inconsistent with the duties 16 prescribed by this act and subj.ect to such provisions of the common council, 17 and to the provisions of this act the mayor shall prescribe the duties and fix 18 the rate of compensation of all officers appointed by him and of all employes 19 of the city, provided, however, that the compensation of the collector shall 20 not be greater than that allowed the collectors of towns for similar services. 1 § 2. Every person elected or apdointed to office under this act, who shall 2 refuse or neglect to take and file the oath of office hereinafter required, for 4 3 tien days after notice in writing from the clerk, of his election, shall t^e 4 deemed to have declined the office, and his place shall be filled as in case pf 5 a vacancy, and he shall forfeit for the use of the city twenty-five dollars, to 6 be sued for and collected in the name of the city. 1 § 3. The said wards, until otherwise arranged as hereinbefore provided, 2 shall constitute the election districts for all city elections held in said city, 3 and the aldermen chosen under this act shall be inspectors of election in the 4 several wards in which they respectively reside, and shall possess the 5 powers and discharge all the duties of such inspectors, and all provisions of 6 law applicable to election districts and to the inspectors of election therein, 7 shall apply to said wards and said inspectors, 1 § 4. Every inhabitant who shall have resided in said city for thirty days 2 and in the ward in which he shall offer his vote, for ten days next preceding the 3 offer of his vote, and who shall at the time and place of offering his vote, be 4 qualified to .vote for membep of assembly, shall be entitled to vote for the 5 officers to be elected by virtue of this act, in the ward where he shall be so 6 qualified and reside. 1 § 5. The provisions of law in respect to elections for state and county 2 officers, shall apply to elections held under this act so far as the same are ;3 applicable, and are not inconsistent with this act. 1 § 6. A general city election shall be held in each of the wards of said city 2 on the first Tuesday of March in each year after the passage of this act, at ,3 such places in the several wards of said city as shall be designated by the .4 common council, and ten days notice shall be given of such election by pub- .5 lishing the same in one or more papers of said city. If no place shall be 6 appointed by the common council, the election shall be held at the same 7 places at which the last preceding annual election of the village of Ithaca 8 was held. 5 1 § 7. The like public notice of all future elections under this act shall be 2 given by the common council, by notice by publication at least two weeks ■■ 3 before the time of holding such future elections. 1 I 8. The polls of the election shall be opened at eight o'clock in the fore- 2 noon, and shall be kept open without intermission until five o'clock in the 3 afternoon, at such place or places in each ward as the common council shall 4 appoint, when they shall be finally closed, and the inspectors shall forth- 5 with without adjournment, canvass the votes received by them, and shall 6 make and certify two statements thereof, one of which shall be filed with 7 the city clerk, and the other with the clerk of Tompkins county. The 8 inspectors shall judge of the qualifications of electors, canvass the ballots, 9 and make out and place in the hands of the mayor, or clerk of the city, a 10 certificate containing a statement of the numbei^ of votes cast in each ward 11 for each candidate respectively, and the common council shall, within one 12 day thereafter, proceed to canvass such certificates, and shall cause a state- 13 ment of the whole number of vptes cast for each candidate to be entered on 14 their minutes, and shall declare those persons elected who have the 15 greatest number of votes, and it shall be the duty of the clerk of the city to 16 notify the several officers of their election. At the first regular meeting of 17 the common council after each annual election, the persons who shall have 18 been elected, mayor and aldermen respectively, at said last election, shall 19 each take the oath of office prescribed by the constitution. TITLE III. Or THE Common Council. 1 § 1. The mayor and aldermen of the city shall constitute the common 2 council thereof. The present president of the village of Ithaca shall be the 3 mayor of said city for the remainder of the period for which he was elected, Assembly, No. 603. 2 6 4 such, president, and the present members of the board of trustees of the 5 village of Ithaca shall be the aldermen of said city from their respective is wards for the remainder of the periods for which they were elected, such 7 trustees respectively. At the first election held after the passage of this act 8 as hereinbefore provided,- a mayor, and one alderman from each ward shall 9 be elected as hereinbefore provided. 1 §2. The common council shall meet at such place as the mayor shall 2 designate, on the first "Wednesday next after the annual election in each year' 3 and at such times and places as hereinafter provided. 1 § 3. At all meetings of the common council, the mayor when present, 2 shall preside, but in his absence one of the aldernaen shall be called to the 3 chair. In the proceedings of the common council, each member present 4 shall have a vote, except the mayor, who shall have only a casting vote 5 when the votes of the other members are tied, and except as hereinafter 6 provided. The sittings of the common council shall be public except when 7 the public interest shall require secrecy. The minutes of the proceedings 8 shall be kept by the city clerk and the same shall be open at all times to 9 public inspection. A majority of the common council shall be a quorum for 10 the transactipn of business, but no tax or assessment shall be ordered except 11 by a concurring vote of a majority of all the members of the common council 12 in office, including the mayor, who shall be entitled to vote thereon as a 13 member of the council, and no tax levied, assessment bill ordered, 14 resolution or ordinance shall take effect until the same shall receive the 15 approval of the mayor, as hereinafter provided. 1 §4. The common council shall hold regular meetings at least twice in 2 each month, one of which shall be on the first Wednesday of each mbnth 3 and the mayor, or in his absence, any three aldermen, may call special 4 meetings by twenty-four hours notice in wriUng served personally upon thQ 7 5 other members of the common council or by leaving it at their ustial places 6 of business during business hours, or their places of abode at other times. 1 § 5. The common council shall determine the rules of its own proceedings 2 and be judge of the election and qualification of its own members, and have 3 power to compel the attendance of absent members from time to time, and 4 to prescribe the duties of all the officers and persons appointed by them to 5 any place whatever subject to the provisions of this act. 1 § 6. Upon the completion of the assessment-roll in each year, the common 2 council shall designate one or more good, and solvent banks in said city as 3 the depository of allmoneys received by the treasurer of said city, and may 4 agree with such bank or banks upon a rate of interest per annum to be paid 5 on moneys so collected. Each bank so designated shall, for the benefit and 6 security of the city, and before receiving any such deposits, execute to the 7 common council of said city a good and sufiicient bond, with two or more 8 sureties, to be approved by the common council of said city. Such bonds 9 shall be conditioned for the safe keeping and payment on the order or i 10 warrant of said treasurer or upon other lawful authority, all such deposits 11 and the agreed interest thereon, and it shall be the duty of the clerk of the 12 common council to file such bond in the office of the clerk of such county. 13 It shall be the duty of the treasurer to deposit all funds belonging to the city 14 that may come into his hands in a bank so designated and his failure so to 15 do shall be a misdemeanor. The designation of any such bank and the 16 depositing of moneys therewith by such treasurer, shall not release him or 17 his sureties from any liability in relation to such moneys, or in any manner 18 affect such liability, except for loss through failure or fault of such 19 designated bank. 1 § 7. The common council shall exercise all the corporate powers 8 2 mentioned in the first section of tMs act, and shall have the control and 3 management of the property, both real and personal, belonging to the city, 4 and all the finances thioreof, and except as herein otherwise provided, no 5 debt of- liability which may become a charge against said city shall be 6 created or contracted except by the authority of said common council; and in 7 addition to such other powers as may be herein conferred upon it, the , 8 said common council shall have full power : 9 1. To prevent vice and immorality, to preserve peace and good order, 10 and to prevent and quell riots or disorderly assemblages. 11 2. To restrain and suppress disorderly and gaming houses, all 12 instiPBments and devices used for gaming, to prevent all gaming and 13 fraudulent devices in said city, and to regulate billiard rooms and bowling 14 alleys £tnd shooting galleries. 15 3. To regulate and fix the hours of closing saloons and places where 16 intoxicating liquors are sold. 17 4. To prohibit, restrain and regulate all exhibitions, circuses or other 18 performances for money, and authorize the same on such terms as they 19 shall deem expedient. 20 5. To suppress disorderly houses and houses of ill^fame, and to restrain 21 and punish the keepers thereof. 22 6. To restrain and punish vagrants, mendicants, street beggars and 23 persons soliciting alms, common prostitutes, lewd and disordeyly persons, 24 and to prevent and punish drunkenness and disorderly or immoral conduct 25 in public places or streets. 26 7, To prohibit the obstruction of the streets of said city by the 27 gathering or assembling of persons thereon, and to authorize the police 28 oflScers of said city to disperse all such gatherings or assemblages of 29 persons, and japon the refusal of persons so congregated or assembled to 30 disperse, when commanded so to do by a duly appointed police officer 31 under regulations to be prescribed by the common council, sucli police 32 officer may make summary arrest of any p^son or persons so refusing, 33 and take him or them forthwith before the recorder of said city, to 34 be by him tried as disorderly persons and punished as such, and all 35 such persons are hereby declared to be disorderly persons. 36 8. To direct the 'location of 'all slaughter-houses, markets and houses 37 for storing gunpowder or , any combustible or explosive substance, and to 38 regulate the keeping and conveying of gunpowder and other dangerous 39 materials, and the use of lights in barns, stables and other places. 40 9. To prohibit and regulate the exhibition of fireworks, the storing and 41 sale of gunpowder and the discharge of fire-arms within said city. 42 10. To prevent or regulate horse racing and immoderate driving in the 43 'Streets of said city, and to authorize the stopping of anyone who shall be 44 guilty of immoderate riding or driving in said streets, and to prevent the 45 flying of kites, riding on bicycles on sidewalks, rolling hoops, playing at ball, 46 coasting, or any other amusement practiced having a tendency to injure or 47 annoy or endanger persons passing on the streets or sidewalks or to frighten 48 teams or horses in said city. 49 11. To prevent any encroachment, encumbrance or obstruction in or upon 50 or over any street, sidewalk, highway or public grounds in said city, and in 51 case of the neglect or refusal of any person who shall have caused any such \ 52 encroachment, encumbrance or obstruction, or of the owner or occupant of 53 any premises upon which shall be any building, fence or other structure or 54 thing encroaching upon, encumbering or obstructing any street, sidewalk, 55 highway or public ground in said city, to remove the same after being 56 notified so to do, the common council shall have power to cause such 57 removal at the cost and expense of such person or of such owner or 58 occupant and to collect such cost and expense as hereinafter provided. Assembly, No. 603. 3 10 59 12. To regulate and deteriuine the time and place of bathing and 60 swimming in the waters of said city. 61 13. To establish and regulate a public pound and to restrain cattle, 62 horses, sheep, swine, doge, geesc and other animals and fowls from running 63 at large in said city, and to authorize the distraining, impounding and sale 64 of the same (except dogs), for the penalty incurred and the cost of keeping, 65 and proceeding, and to make regulations for taxing and confining dogs and 66 for destroying such as may be found running at large contrary to any 67 ordinance and to regulate their running at large. 68 14. To require all persons owsing or occupying property in said city and 69 the owners of unoccupied property therein to remove all snow, ice and dirt 70 from the sidewalks in front of the premises so owned or occupied by them 71 and to keep the same clean and free therefrom, and in case of neglect or 72 refusal on the part of such owners or occupant so to do, to remove the same 73 at his expense, and to impose and collect such penalty as shall be provided 74 by any ordinance of said city for such neglect or refusal. 75 15. To regulate the ringing of bells and the crying of goods, wares and 76 merchandise or other commodities in said city. 77 16. To prohibit, restrain and regulate all gift enterprises or sales of goods 78 founded upon or connected with any gift, lottery or chance, within the 79 corporate limits of S9.id city, and restrain and regulate the sale of goods and 80 merchandise at public auction within the same limits, and to authorize the 81 licensing of the latter upon such terms as the common council shall deem 82 proper. The said common council shall likewise have the power to prohibit 83 and regulate all hawking and peddling, auctioneering or sale of property in 84 the streets, alleys lanes, sidewalks and public parks and places of said city. ' 85 17. To establish, regulate and construct public reservoirs and hydrants, 86 and to provide for supplying the city with Water by means of pipes, and to 87 make regulations in regard to the use of the same. 88 18. To appoint one or more examiners of weights and measures. 11 . f 89 19. To establish, regulate and maintain public parks in said city and 90 cemeteries within or without the bounds of said city. To preserve, adorn 91 and protect the same and to prohibit and prevent interments within the 92 bounds of said city unless in such cemeteries as may be within said bounds. 93 20. To provide for the lighting of the streets in the city and the 94 protection and the safety of the public lamps, and to prevent the same from 95 being lighted or extinguished by persons not duly authorized by said 96 common council to light or extinguish the same. 97 21. To procure fire engines and other apparatus for the extinguishment 98 of fires and have the charge and control of the same, and provide, fit and 99 secure engine houses aud other places for keeping and preserving the same. 100 22. To organize and establish a fire department, and to make such fire 101 laws, rules, regulations and ordinances of said department and the rights 102 and duties thereof, and of citizens during fires in said city, as 'they may 103 deem best, and to enforce the same by suitable fines and penalties. 104 23. To protect property, both real and personal, of individuals at times 105 of fires, and to appoint guards for the protection of the same, and to 106 prescribe their various duties and compensation. 107 24. To authorize the fire wardens at reasonable times to enter and 108 examine all houses, stores, yards and outbuildings, and to ascertain if they 109 are in a dangerous state in regard to fires. To prevent or regulate the 110 construction of any building, chimney, fire-place, heater, stove, stove-pipe, 111 oven repository for ashes or charcoal, boiler, furnace, or any other 112 apparatus or thing whatever which may be considered dangerous with 113 respect to fire, and to cause the owner or occupant of any premises upon 114 which shall be found anything dangerous as aforesaid, to remove the same 115 or put it in a safe condition, and in case the owner or occupant shall refuse 116 or neglect to do so, the common council shall have power to cause the same 117 to be done at the expense of the owner or occupant, and to collect such cost 12 118 as hereinafter provided, and for the purposes aforesaid or either thereof, 119 the said common council shall have power to enter into or upon any 120 building or premises in said city. 121 25. To prescribe limits in said city within which wooden or wooden parts 122 of or additions to buildings shall not be erected or placed without the : 123 permission of said common council, to order the removal of such buildings 124 or additions if erected without such permission, and to direct that any or 125 all buildings or parts of or additions to buildings thereafter to be erected or 126 placed within said limits, shall be made or constructed of some 127 incombustible material with such partition walls and fire-proof roofs as 128 they may judge necessary, under such penalties as may be prescribed by 129 said commoil council. 130 26. To purchase, hold, sell, convey and agree to purchase and convey 131 real estate whenever necessary or expedient for the accomplishment or 132 execution of any of the purposes or powers or duties mentioned in this act. 133 27. To cause the sidewalks on the streets and highways of said city to be 134 raised, leveled, curbed, graded, graveled, paved, planked, and repaired and 135 at the expense of the owners or occupants of the adjacent lands and 136 premises, and if any of the matters or things above mentioned be not done 137 by such owners or occupants within the time^ and in the manner, and of or 138 with the material by said common council required and prescribed, the said 139 common council may do or cause the same to be done, and may assess the 140 expense thereof upon the owners or occupants, and cause the same to be 141 levied and collected in the manner hereinafter in this act provided. 142 28. To direct and regulate the planting of shade and ornamental trees 143 along the streets and sidewalks in said city, and to prevent the injury or 144 defacement of any trees, fences, walls, posters or buildings in said city. 144 29. To regulate and superintend the laying of all gas or water pipes in 146 said city, and to require any corporation, company or person after laying or 147 repairing such pipes in any street or highway in said city to put such street '13 148 or highway in good condition or repair, and to remove all encumbrances ' ' ' * 149 or Obstructions which such corporation, company or person may have 150 placed or caused to be placed in any such street or highway without any 151 unnecessary delay, and to require such corporation, company or person to 152 keep proper signal lights burmng at night at all holes or ditches or other 163 places which may have been rendered dangerous to persons traveling such 154 streets or highways, and in case such corporation, company or person shall 155 neglect or refuse to do any of the acts so required of them, the said 156 common council shall have power to cause the same to be done at the cost , I 157 and expense of such corporation, company or person, and to collect such 158 cost and expense by suit at law, or as hereinafter provided. 159 30. To compel the owner or occupant of any wall or building in the city 160 which may be in a ruinous or unsafe condition, to render the same safe or 161 to take down and remove the same, and to prohibit such erections, and in 162 case of the neglect or refusal of such owner or occupant to render such 163 wall or building safe or to take down and remove the same after being 164 notified so to do, the common council shall have power to cause the same 165 to be taken down or remove^ at the expense of such owner or occupant and 166 to collect such cost and expense as in this act provided. 167 31. To make the costs and expenses incurred by the city in pursuance of 168 sub-divisions eleven, fourteen, twenty -four, twenty-nine and thirty of this 169 section a lien upon the premises or lots therein mentioned or implied, and 170 to issue warrants against the owners or the occupants thereof respectively, 171 and to collect such costs and expenses as assessments and taxes are 172 collected. 173 32, To cause to be^ made a map of all the streets and highways in said 174 city, and to designate thereon and at such places on said street as they 175 may deem proper, those streets and highways which in their judgment Assembly No. 603. 4 14 176 cannot be put in a proper condition for general travel without too great 177 expense. To repair said streets for the convenience and benefit of the 178 inhabitants thereof, but the said city shall not be liable for any accident or 179 injury to person or property caused or- occasioned by the defective 180 condition of any street or highway thus designated. 181 33. To control, regulate and restrain the setting of poles and stringing of 182 wires by telegraph, telephone or electric light or other companies in the 183 streets of said city. 184 34. To regulate the speed of locomotives, tenders and railroad and other 185 cars propelled by steam, electricity or horse pow^ and to prevent the 186 unnecessary obstruction of the streets by the same in said city, to require 187 flagmen to be stationed or gates to be erected at street crossings by 188 railroads in said city and to make needful regulations in regard thereto for 189 public safety. 190 35. To prescribe regulations as to the locations and construction of 191 private sewers, drains or water or gas pipes in said city and for the 192 prevention of any injury or obstruction of any street or sidewalk thereby. 193 36. To provide for the care, custody and preservation of the public 194 property, books, records and papers belonging to said city. To prevent 195 and punish any injury to or trespass upon the same; to make any [and all 196 necessary repairs and improvements to the same, and to cause any part 197 thereof to be insured when they shall deem it necessary, 198 37. To audit such accounts and claims against the city as are made out 199 in items and verified, and to order the payment of such as shall be allowed, 200 and to make such rules and regulations in regard to the same as they may 201 deem necessary and proper. 202 38. To correct the assessment-roll in respect to taxes imposed by virtue 203 of this act in the same manner as aboard of supervisors may by law correct the 204 town-rolls of their county, and for this purpose said common council shall 15 205 be vested with power to make such correction, and shall possess all Ihe 206 powers in relation to such assessment-roll that boards of supervisors have 207 by statute in case of town assessment-rolls and town and county taxes, 208 39. To make such general ordinances, by-laws and regulations not 209 repugnant to the general laws of this state as they shall deem expedient for 210 the^good government of the city. 211 40. For the purposes aforesaid, or any of them, or of executing any 212 powers conferred upon the common council, or upon the city, by this act or 213 otherwise, the said common council shall have full power to make, 214 establish, publish, modify, amend or repeal ordinances, rules, regulations 215 and by-laws, and to prescribe, fix and enforce such penalties and fines as 216 they may deem proper for the violation of them respectively, not exceeding 217 fifty dollars for any one offense, except as herein otherwise provided, and 218 to collect the same of any persons guilty of such violation in any court 219 having jurisdiction of such cases. Every such rule, ordinance and 220 regalation or by-law shall be published once in each week for two weeks 221 successively in one or more newspapers published in said city before it shall 222 take effect, and every such ordinance, rule, regulation or by-law, together 223 with a certificate by the clerk of the city of the time and manner of the 224 publication thereof, shall be entered or recorded in a book to be provided 225 and kept for that^urpose, and the said record, or a copy thereof, certified 226 by the clerk of said city, shall be presumptive evidence in all courts and 227 places, and in all actions and proceedings of the due passage of such 228 ordinance, rule, regulation or by-law, and of its having been duly published. 1 § 8. All existing ordinances, by-laws, resolutions and regulations of the 2 village of Ithaca, not inconsistent with the provisions of this act, are hereby 3 adopted and declared to be in full force and effect within the limits of the 4 city of Ithaca until repealed or modified as provided in this act for the repeal, 5 amendment or modification of ordinances, by-laws and regulations. 16 1 § 9. The recorder of said city is hereby authorized and empowered to 2 hold a court to be known as the recorder's court, which shall have the 3 jurisdiction hejreinafter provided, AH actions brought to recover any 4 penalty or forfeiture incurred under this act, or the ordinances, by-laws, 5 rules or regulations made in pursuance thereof, may be brought in the 6 corporate name of said city, in any court of record, if the sum claimed 7 exceeds fifty dollars, and if the sum claimed does not exceed two hundred 8 dollars, it may be brought in the recerder's court of the city of Ithaca, and 9 said recorder's court shall have jurisdiction exclusive of any justice's court to 10 try and determine the same, and render judgment therein, and in any such 11 action brought in such recorder's court, the first process may be by warrant, 12 and on judgment for recovery for any such penalty or forfeiture in either 13 court, execution shall issue against the person of the defendant, as well as 14 against his property, in the same manner as in cases in which executions 15 against the person are authorized to be issued upon judgmeiits rendered in 16 justice's courts. Every violation of a penal ordinance of said city shall 17 constitute disorderly conduct within the meaning of this act. TITLE IV. Offioees or the City, their Powees and Duties. 1 Section 1, The mayor of the city of Ithaca shall be the chief executive 2 magistrate thereof , and shall, when present, preside^ at all meetings of the 3 common council. It shall be his duty to take care that within said city the 4 laws of this state and the ordinances and by-laws passed by the common. 5 council shall be faithfully executed, and as the head of the police of said 6 city, to arrest or cause the arrest of all persons violating the same; to 7 exercise a constant supervision over the conduct of all subordinate officers; 8 to receive and examine into all complaints against them for misconduct or 9 neglect of duty. To appoint at the first meeting of the common council in 10 each municipal year, or as soon thereafter as maybe, all standing committees 17 11 required by the rules of the common co]incil and all special committees of 12 the common council unless by it otherwise ordered. To recommend, in 13 writing, to the common council, from time to time, such measures as he shall 14 deem necessary or expedient for them to adopt; to approve or disapprove of 15 all bills, orders, resolutions or ordinances which shall have passed the common . 16 council, but if he approves he shall indorse his approval thereon in writing, 17 and sign such approval, and if he disapproves, he shall return the same to 18 the common council or the clerk thereof, with his objections in writing, which 19 shall be filed by the clerk, and the common council may at its next meeting 20 thereafter, proceed to reconsider such ordinance, resolution, order or act thus 21 disapproved, and if the same shall be passed by the votes of two-thirds of 22 all the members of the common council then in office, the same shall have 23 full force and effect notwithstanding the objection of the mayor. If any such 24 bill, order, resolution or ordinance shall not be so returned by the mayor to 25 the common council or clerk within five days after it shall have been 26 presented to him (Sunday excepted), such ordinance, resolution, order or act 27 shall have full force and effect in like manner as if duly approved by the 28 mayor, unless the term of office of mayor shall have expired within five 29 days after the same shall be presented to him, in which case such ordinance, 30 resolution, order or act, shall have no force. He shall have power summarijy, 31 to hear, try and -determine any complaint against any appointed officer of 32 said city for misconduct or neglect of duty, and to suspend or remove said 33 officer; provided, however, that at the next meeting of the common council 34 after such removal, he shall state his reasons therefor, in writing, which shall 35 be spread upon the minutes of the common council; and he shall also have power 36 summarily to revoke any license of any hackman, cartman, or for the exhibition 37 of any show. He shall sign all warrants ordered by the common council for the 38 payment of moneys by the city treasurer. He shall ■ have power to Assembly, No. 603. 5 .18 3 9 administer oaths and take afifidavits and acknowledgments. In case th 40 mayor shall be unable to perform the duties of his office in consequence of 41 sickness or absence from the city, or if there shall be a vacancy in the office. 42 the common council shall appoint by ballot one of their number to preside at 43 their meetings, and the presiding officer thus chosen shall be vested with all 44 the powers and perform all the duties of the mayor of the city, until the 45 mayor shall resume his office or the vacancy shall be supplied according to 46 law. The mayor of the city of Ithaca shall possess all the powers and 47 authority conferred upon the mayors of cities by any general statute of the 48 state. He may also upon complaint being made to him under oath, issue a 49 warrant to the chief of police or any police officer in the city of Ithica to 50 arrest any person charged with any crime or misdemeanor, or with any violation . 51 of any of the laws or statutes of said state within said city, and bring such 52 person for examination or trial before the recorder or acting recorder, and 53 such warrant may be executed by any officer to whom it is directed at any 54 place within the state without indorsement. When such process shall be 55 made returnable before the recorder or acting recorder, such officer upon the 56 same being returned to him or the prisoner arrested by virtue thereof being 57 brought before him, shall take and acquire jurisdiction of the subject matter 58 and proceed with the case to the same extent and in the same manner in all 59 respects as if such process had been originally issued by him. He shall have 60 power at all times to examine the books, vouchers and papers of any officer 61 or employe of said city and to summon and examine under oath any person 62 connected therewith. 1 § 2. It shall be the duty of every alderman in said city to attend the 2 regular and special meetings of the common council, and to act upon 3 committees when thereunto appointed by the mayor or common council. 4 To report to the mayor all officers who are guilty of any official misconduct 5 or neglect of duty, and to aid in maintaining peace and good order in said 19 6 cyit and to perform or assist in performing all such duties as are enjoined 7 upon the alder.men of said city separately, or upon the common council. 8 thereof. 1 § 3. The Biipervisors elected under the provisions of this act shall be 2 members of the board of supervisors of the county of Tompkins, and it shall 3 be their duty to represent said city at the general or any special session of 4 the said board and to act and vote like other supervisors. They shall receive 5 the same compensation allowed by law and in the same manner as 6 supervisors of towns for similar service. 1 § 4. It shall be the duty of the assessor or assessors to prepare and 2 deliver to the common council and file with the clerk a tax roll and 3 assessment of each tax directed to be levied upon the taxable inhabitants 4 and property of said city, and a duplicate thereof, both of which shall be 5 deemed originals in such way and manner as hereinafter provided. ! ■ ' \ 1 § 5. The clerk of said city shall have the custody of the records, books 2 and papers of said city, and shall attend its meetings and act as clerk of the 3 common council, and he shall record in the manner prescribed by the said 4 common council,* their ordinances, rules and regulations, by-laws, resolutions 5 and proceedings, and the proceedings at elections and meetings of the 6 inhabitants of said city. The books and papers in the office of the said clerk 7 shall at all reasonable times, on demand, be produced for inspection to any 8 taxable inhabitant of said city, and upon a like demand and a tender of fees 9 at the rate of ten cents per folio therefor, he shall furnish copies of any 10 papers or records filed with him as such clerk. Copies of all papers duly , 11 filed in his office, and transcripts from the records of said city, certified 12 by him under the corporate seal, shall be evidence in all courts and in all 13 actions or proceedings, in like manner as if the originals were produced. He 14 shall keep an accurate account of all the moneys received by him belonging ) 20 15 to the city, and shall, within teii days after the receipt of any moneys by 16 him, pay the same over to the treasurer of the city, for which he shall take a 17 receipt from such treasurer and file the same in his office and report the 18 same to the common council at its next regular meeting. He shall also keep 19 an accurate account of all expenditures by said city, which account shall be 20 kept in such a manner as the common council shall direct All moneys shall 21 be drawn from the treasury in pursuance of the order of the common 22 council, by a warrant upon the city treasurer, signed by the mayor or 23 presiding ofiicer of the common council, and countersigned by the clerk. 24 Such warrant shall specify for what purpose the amount therein named is to 25 be paid, and to what fund chargeable; and the clerk shall keep an accurate 26 account of all warrants drawn on the treasurer.in a book to be provided for that 27 purpose, specifying the number of each warrant, the purpose for which 28 issued and the number of the voucher and date of resolution upon which it 29 is issued. He shall countersign all licenses granted by the common council 30 pr any ofiicer of said city authorized by this act to grant the same, and shall 31 enter in proper books full minutes of all such licenses. He shall give 32 immediate notice in writing to any person elected or appointed to any oflBce 33 under this act, of his election or appointment, which notice shall be 34 depositd in the postoflSce, properly addressed to such person. He shall have 35 the custody of the corporate seal. 1 § 6. The city treasurer shall, before entering upon the duties of his office, 2 enter into a bond with two or more sureties in such penal sum as may be- 3 fixed by the common council, which bond, when approved by the mayor 4 shall be immediately filed in the ofiice of the clerk of the county of 5 Tompkins, and the common council shall have the power to increase the 6 amount of said bond whenever, in their discretion, they may regard it to be 7 advisable. Said treasurer shall receive and safely keep all moneys belonging 8 to said city; shall keep an accurate account of all receipts and payments, so 21 9 as to exhibit the amount paid for each particular class of purposes for which 10 money shall be raised, and make returns thereof in such manner and at such 11 times as the common council shall direct, and in such account of payments 12 or disbursements shall state therein the number of the warrant upon which 13 eyery payment or disbursement was made. 1 §7. The present police justice of the village of Ithaca shall be the 2 recorder of said city for the remainder of the period for which he was 3 elected such police justice, or until his successor shall be duly elected 4 and qualified. At each general election next preceding the expiration of the 5 term of office of the recorder of said city, there shall be elected by the 6 electors of said city, a recorder, whose term of office shall be four years 7 unless sooner removed, and who shall hold said office until his successor has 8 qualified. 9 2. The recorder so elected, before entering upon the duties of his office, 10 shall take the oath of office prescribed by law for judicial officers, and shall file 11 with the clerk of said city, his ,bond, in such penalty, and with such sureties 12 as the common council of said city shall decide and approve of for the faithful 13 discharge of his duties as recorder, and for the payment over to the treasurer 14 of said city, of all funds which shall come into his hands as such recorder, 15 according to the provisions of this act, and shall immediately thereafter 16 enter upon the discharge of the duties of his office. 17 3. The common council of said city shall provide a suitable office for said 18 recorder. It shall be his duty to attend at such office at all reasonable hours, 19 and to hear all matters, issue all processes and institute such proceedings 20 as the proper administration of justice requires. 21 4. The recorder of said city shall, in all criminal actions and proceedings 22 and special proceedings of a criminal nature for or on account of oflenses 23 committed or charged to have been committed within said city, have all the Assembly No. 603. 6 22 24 jurisdiction and authority which a justice of tiie peace of ^any town would 25 have, if such offence were committed or charged to have been committed in 26 such town, exclusive of any other officer except the mayor of said city, and 27 judges and justices of courts of records. The said recorder shall have 28 exclusive jurisdiction and authority to hear, try and determine, summarily 29 and without a jury, all charges and complaints against persons of disorderly 30 conduct in said city, as defined by this act, or of such conduct in said city as 31 constitutes such persons, tramps, vagrants or disorderly persons as defined 32 either by this act or by the statutes of this gtate. Whenever any person 33 shall be brought before said recorder, either with or without warrant, 34 charged with being such tramp, if said recorder is satisfied by the confession 35 of such person, or by competent evidence upon such summary trial that such 36 person is such tramp, the said recorder shall thereupon have jurisdiction 37 and authority to render judgment convicting such person thereof, and 38 imposing such sentence therefor as is provided by section one of chapter 39 four hundred and ninety of the laws of eighteen hundred and eighty-five for 40 such offence. Whenever any person is brought before such recorder either 41 with or without warrant, charged with such disorderly conduct, or with 42 b ingeithersuch tramp, suchvagrantorsuchdisorderlyperson,if said recorder ■ 43 §hall be satisfied by the confession of such person or by competent evidence, 44 upon such summary trial, that such person has been guilty of such 45 disorderly conduct, or is such vagrant or such disorderly person, the said 46 recorder may thereupon take such further proceedings thereon as a 47 magistrate is authorized by the Code of Criminal procedure to take in such 48 case, or the said recorder may, instead render judgment convicting such 49 person of disorderly conduct or of being a vagrant or disorderly person 50 as the case may be, and that he pay a fine not exceeding fifty dollars or be . 51 imprisoned not exceeding six months, or both, as the case may require, 23 52 which jtidgment shall be enforced in the same manner, in all respects, as 53 judgments of courts of special sessions are enforced, 54 5. The said recorder is hereby empowered to hold courts of special 55 sessions in said city, and subject to the power of removal provided for in 56 sections fifty-seven and fifty-eight of the code of criminal procedure, courts 57 of special sessions held by said recorder shall have, in the first instance, 58 exclusive jurisdiction to hear, try and determine all charges of misdemeanors 59 committed within said city, which are enumerated in section fifty-six of the 60 code of criminal' procedure. Subject to the power of removal provided by 61 section two hundred and eleven of the code of criminal procedure, courts of 62 special sessions held by said re,cord.er shall also have, in the first instance, 63 exclusive jurisdiction to hear, try and determine all other charges of 64 misdemeanors committed within said city. 65 6. Courts of special sessions held by said recorder shall also (subject to 66 removal as provided by sections fifty- seven and fifty-eight of the code of 67 civil procedure, if the misdemeanor is one of these enumerated in section 68 fifty-six of the code, and otherwise subject to removal as provided by .section 69 two hundred and eleven of said code), have jurisdiction to hear, try and 70 determine charges of misdemeanors committed as follows: Committed partly 71 within and partly without said city, or when the acts, omissions, or effects 72 thereof, which constitute or are requisite to the consummation of such 73 misdemeanor occur partly within and partly without such city. Committed 74 in this state on board of a vessel navigating a river, lake or canal, or lying 75 therein in the course of her voyage, or in respect to any portion of the cargo 76 or lading of such boat or vessel, in case such river or canal passes through 77 said city or any part thereof, or in case such lake is situated*in or borders on 78 said city, or such voyage terminates in said city or would terminate therein 79 if completed. Committed^ in this state in or on board of any' railway engine, 80 train or car making a passage or trip on or over any railway in this state, or 24 81 in respect to any portion of tlie lading or freightage of any such railway 82 engine, train or car, in case such railway engine, train or car passes or has 83 passed in the course of the same passage or trip, through said city or any 84 part thereof, or where such passage or trip terminates in said city, or 85 would terminate in said city if completed. Otherwise than as hereinbefore 86 provided courts of special sessions held by said recorder shall not have ; 87 jurisdiction to hear, try or determine charges of misdemeanors not committed 88 within said city. 99 7. When a person shall be convicted by a court of special sessions, held 90 by said recorder of any misdemea,nor of which such court has jurisdiction 91 but jurisdiction of which is not conferred upon courts of' special sessions by 92 the code of criminal procedure, the court of special sessions held by said'' 93 recorder may render such judgment imposing such sentence therefor as a 94 court of sessions might lawfully render and impose in case a conviction of 95 such crime were had in a court of sessions. Except as hereinbefore 96 provided, courts of special sessions held by said recorder, shall have all the 97 powers and jurisdiction conferred upon courts of special sessions by the 98 code of eriminal procedure, and shall be subject to-all the provisions of said 99 code relating to courts of special sessions. 100 8, The said recorder shall have power to let to bail all persons charged 101 with crime before him in all cases of felony when imprisonment in the state 102 prison, on conviction for such felony, cannot exceed five years, and to 103 institute all proceedings respecting bastardy in said city, and to hear, try 104 and determine the same, associating with himself for that purpose some, 105 justice of the peace of the county as provided by the Code of Criminal 106 procedure. H^ shall also have the same right, power and authority within 107 the county of Tompkins, to administer oaths and to take affidavits and 108 acknowledgments that justices of the peace have. 25 109 9. In case of sickness, absence from the city, disability or inability of the 110 recorder to act, his powers and duties are hereby conferred and imposed on 111 either of the justices of the peace of the town of Ithaca who may be 112 designated by the mayor of said city; and it shall be the duty of the mayor 113 of said city each year to designate one of the justices of the peace of said 114 town, who shall act in such cases instead of the recorder, and who shall in 115 such cases have power to hold all courts which said recorder may hold in all 116 respects as if he^d by said recorder and he shall be designated and known as 117 " acting recorder. " He shall file with the clerk of the city of Ithaca a bond 118 as required by the second paragraph of this section, before entertaining 119 jurisdiction of any action or proceeding by virtue of this act. 120 10. In case any warrant issued by the recorder shall be returned during 121 his absence from the city or* during his inability to attend to the duties of 122 his oflBce, any further proceedings may be had on such warrant before any 123 justice of the peace of said town, designated as above provided; and any 124 such justice having once obtained jurisdiction over any matter under- this or 125 the preceding paragraph, may retain it and proceed to the determination of 126 it and shall be entitled to receive for his services the same pay pro rata as 127 hereinafter fixed for the recorder, and the same to be paid by said city, and 128 the amount thereof to be detiermined by the common council of said city. 129 11. All processes and mandates issued by the recorder or the acting 130 recorder requiring service, shall be served by the city police or by officers 131 authorized by the law of this state to serve such processes and mandates, 132 and when served by the city police they shall be served without fees for 133 their own benefit, but they shall demand and receive for all processes served 134 by them properly chargeable to the town and county, the same fees as are 135 provided by law for constables for like services. And they shall keep an 136 accurate account thereof, and the same shall be presented in the name of ' Assembly No. 603. 7 26 , . 137 said city to, and audited by the respective boards as hereinafter provided, 138 for the benefit of said city. 139 12. The said recorder or acting recorder shall not receive for their own 140 benefit any fee for services perfornied under this act, but they shall demand 141 and receive in all proceedings before them for all services rendered by them 142 as recorder or acting recorder, the same fees as are provided by law for 143 justices of the peace of towns for like service, and all fees and charges, 144 which may be legally payable whenever suits or proceedings pending befor e 145 either of them shall be settled or dismissed by consent, including constable 146 fees. All such costs and fees, and all fines and penalties, or other moneys 147 collected by either of them shall be paid to the treasurer of said city within 148 one month from the time of receiving the saijjie; and any failure or omission 149 to sopayoversuchfines.penalties or other moneys shall be sufficient cause for 150 removal of said recorder or acting recorder from office. 151 13. The recorder and acting recorder shall keep an account of all such 152 fees and fines, and all criminal business done by them and such portion of 153 said criminal business as is by law chargeable to the county shall be made 154 out by the recorder in an itemized bill as is required' by law, and he shall 155 annually, at the time for the presentation of bills against the county of 156 Tompkins, present in the name of said city said account, properly made 157 and verified, to the board of supervisors of said county, and said board 158 shall audit said account to the city of Ithaca, and levy the same in the same 159 manner as other county charges; and such other portion of said criminal 160 business as is by law chargeable to the town, shall be made out by him in 161 an itemized bill as is required by law, and he shall annually, at the time for 162 the presentation of bills against the town of Ithaca, present in the name of 163 said city said account, properly made and verified, to the board of town 164 auditors of said town, and said board shall audit said account to the city of 165 Ithaca, and the same shall be levied in the same manne,r as other town 166 charges. 27 167 14. The recorder shall not be paid for such time as he fails to perform 168 the duties of his office, and a ratable proportion may be deducted from his 169 salarybecause of any such :^ailure to perform his duties, and such deduction 170 be paid to said acting recorder, and the amount thereof be determined by 171 the common council of said city. The recorder and alcting recorder shall 172 keep a docket of all business done by bhem, with full items and dates, and 173 with proper and convenient index; such docket shall contain a record or 174 brief statement of all convictions, acquittals and judgments before either 175 of them, and the same shall be open during office hours to public inspection 176 when not in use. 177 15. All processes, mandates, orders, commitmenis or other documents 178 made or issued by the recorder, shall be signed, in addition to his signature, 179 " recorder of the city of Ithaca;" when made or issued by the acting 180 recorder, the same shall be signed in addition to his name, and title of his 181 office "acting recorder of the city of Ithaca." 182 16. Appeals may be taken from final orders and judgments rendered by 183 the recorder, and the courts of special sessions held by said recorder as 184 provided by the Code of Criminal Procedure, and from judgments > 185 rendered by the recorder's court held by said recorder as provided by the 186 Code of Civil Procedure for appeals from justices' courts. 187 17. A recorder, elected as provided in this act, may be removed from 188 office in the same manner as a justice of the peace as provided by title two 189 of the Code of Criminal procedure, and by section eighteen of article six of 190 the constitution of the state of New York. 1 § 8. The city superintendent shall have charge of the streets, sewers, 2 bridges, sidewalks and all other property of the city, except as otherwise 3 provided in the charter. He shall also have charge of the city cemetery and 4 shall also be charged with the duty of contracting for all needed labor and 5 material, subject, however, as to all his duties to the direction and rules 6 prescribed by the common council and the mayor as hereinbefore provided. 28 ^'' 1 § 9. The police constables shall have the same power and authority, and 2 be subject to the same liabilities and obligations, except as herein otherwise 3 provided, as constables elected in any of the towns of the counties of the 4 state. They may execute civil processes insults when the city or its officers or 5 some one of them in their official capacity may be a party, and shall have 6 and perform such other duties as shall be assigned them by the common 7 council. It shall be their special duty to see that the police regulations and 8 ordinances of the city be observed, and to discover and report to the mayor 9 all violations thereof. They shall have power without process to arrest and 10 bring before the recorder or acting recorder of the said city, persons guilty in 11 their presence of violating the public peace, and persons intoxicated and 12 such as are designated in this act as disorderly persons who may be guilty in 13 their presence of acts rendering them such or of disorderly conduct. 1 § 10. The collector of taxes and assessments in the city of Ithaca shall 2 perform the duties and be subject to the duties and obligations prescribed "3 by law for town collectors, except as herein otherwise provided, and all 4 taxes to be collected for the use of the city, shall be collected by him. 1 § 11. The pound master shall have the powers and perform the duties 2 conferred and imposed upon him by this act and upon town pound masters 3 by any statute of this state, and such other lawful duties and powers as the 4 common council may prescribe. 1 § 12. No person shall be eligible or appointed to anj office unless he shall 2 be, at the time, a resident and elector of said city, and whenever any officer |3 of said city shall ceasetobearesidentof said city, orshall resign to the common 4 council or be removed, his office shall thereby become vacant. No. person 5 shall be eligible to the office of mayor, alderman or assessor ^inless he shall 6 own property liable to be assessed for the expenditures of said city. 29 1 § 13. The term of service of the mayor and aldermen shall be two years 2 without compensation. Of the recorder, four years with compensation of 3 one thousand dollars per annum. Of the supervisors, one year, with 4 compensation the same as allowed by statute to supervisors of towns for 6 similar service. All officers appointed by the mayor shall serve during the 6 term of office of the mayor appointing them respectively, unless sooner 7 suspended or removed by such mayor as hereinl^efore provided (except 8 assessor, whose term of service shall be four years, and who shall perform 9 the duties of the members of the present board of assessors of the village of 10 Ithaca, as their respective terms of office expire). 1 § 14. All officers elected or appointed under this act shall hold their 2 respective offices, unless sooner lemovedor disqualified, until their sucessors 3 shall be elected or appointed and qualified. TITLE V. Taxes and Assessments. • -^ 1 Section 1. The common council shall have power in each year to cause a 2 sum not exceeding thirty thousand dollars to be raised by general tax from 3 the taxable inhabitants of said city on the property therein liable to taxation, 4 but on or before the first of May in each year they should designate how 5 much of such total amount shall be expended for each of the following 6 purposes, namely : For the payment of the expenses of the police 7 department, including the salary of recorder, chief of police and policemen, 8 rent of police stations and all other expenses thereof, to be known as the 9 police fund; for the paving, repairing and keeping in order the highways, 10 streets, cross walks, sewers, open courts, squares, market places, lanes, 11 alleys and public grounds other than cemeteries and parks and the salary of 12 the city superintendent, to be known as the highway fund ; for the construction, 13 maintenance and repair of bridges and culverts, straightening, restraining Assembly, No. 603, 8 so 14 and improving (preeka, to be known as the bridge and creek fund; for the 15 maintenance/repair and keeping in order the piiblic parks and cemeteries, 16 to be known as the park and cemetery fund , for the operation and 17 maintenance of the fire department, including the cost of water supply, to, be 18 known as the fire department fund ; for the lighting of the streets of said 19 city and expenses incident thereto, to be known as the lighting fund; for the 20 payment of salaries of officers not otherwise provided for, and the other 21 contingent [expenses of said city, to be known as the salary and Contingent 22 fund; and the sums expended in each year for the several purposes named 23 shall not exceed the amounts so designated, except in case of unforeseen..,; 24 emergencies. 1 § 2. The common council shall also cause to be raised by general tax in 2 said city in each year the sum required for the payment of the interest on 3 the bonds issued by the village of Ithaca in payment for the subscription of 4 said village to the capital stock of the Ithaca & Cortland railroad and for the 5 maintenance of a sinking fund fo provide for the extinction of the principal 6 of said bonds at maturity, provided, however, tl;iat the lands within the 7 bounds of the city and without the bounds of the former village of Ithaca be 8 exempt from the provisions of this section. 1 § 3. The tax so directed to be raised shall be assessed upon a?l the taxable , ' 2 real and personal property in the city, except as stated in section two, 3 according to the valuation of the same in the assessment rolls of the current 4 year filed by the assessor or assessors, after said roll shall be corrected. The 5 lairds comprehended within the bounds of the city and without the bounds 6 of the former village of Ithaca, and which are kept and used as wood lands, . 7 meadow lands, lands for horticulture or nursery purposes, pasture, orchard, 8 and in general all lands that are kept and improved as farming lands, with 9 their appurtenances, shall not, so long as they are so kept and used, pay 10 taxes for the benefit of said city, except upon a valuation based upon their 31 .■ 11 value for such purposes. And the lands eaist of the present east line of the 12 village of Ithaca, which are north of Fall creek, shall be exempted from tax 13 for municipal purposes until such lands are connected with the city by street 14 or streets. Said assessment shall be completed, and notice given thereof, by 15 the first day of April in each year. "Such notice shall specify the time and 16 place, when and where, the assessor or assessors will sit for the purpose of 17 reviewing the same, and such meeting shall not be later than the fifteenth 18 day of April in each year. The assessment-roll shall be completed, certified 19 and filed with the clerk of the said city on or before the first day of May in 20 each year. The common council shall thereupoh levy and assess the city 21 taxes as herein authorized. 1 § 4. The tax-roll, when perfected, shall be delivered by the mayor or 2 common council to the collector, with a warrant thereto annexed, under the 3 hand of the mayor and the seal of the city, commanding him to receive, levy "4 and collect the sums in the roll specified as assessed against the persons or 5 property therein mentioned or described, and to return said warrant and roll 6 within sixty days after the date of the delivery of the warrant. Immediately 7 upon the delivery of the roll and warrant to the city collector of taxes the 8 city clerk shall publish a notice there6f in two or more of the city papers, 9 designating some convenient place within the city wherfe said collector will 10 attend during the Mondays and Saturdays of each week during thirty days, 11 beginning with the first Monday after the delivery to him of said tax-roll and 12 warrant, from nine o'clock in the morning until eight o'clock in the evenings 13 for the purpose of receiving payment of taxes, and it shall be the duty of 14 said collector to attend accordingly, and any person may pay his tax at thc' 15 time and place so designated. At the time of the delivery to him of any 16 such roll and warrant the collector shall deposit with the city clerk a copy ,17 of the warrant, thereunto annexed and endorsed thereon a receipt 18 acknowledging the reception by him of the original roll and warrant as the 19 city collector, and thereupon he shall proceed to collect the unpaid taxes in 32 20 the said roll specified, in the manner provided by law for the collection of 21 county taxes, and shall have and possess all the powers and authority 22 conferred by law on the collectors of county taxes and shall 23 in like manner pay over all moneys collected by him to the 24 city treasurer, and take his receipt therefor, and make return to the city 25 clerk of the amount collected and paid over by him and of the taxes 26 remaining unpaid, and by making oath berore the clerk, similar in all respects 27 to the oath required by law of collectors of county taxes, he shall be credited 28 by the city clerk with the amounts so remaining due and unpaid. The 29 collector shall also deposit all moneys in his hands with the city treasurer, 30 from time to time, as the common council shall direct, but no such settlement 31 nor any settlement had by the common council, or by any city officer, with 32 any collector of any tax or assessment, shall be final or conclusive, and no 33 bond or other security given by any collector shall be invalidated by or 34 canceled on any such settlement, but shall remain in full force and be held 35 for one year thereafter by the city. 1 § 5. All taxes and assessments that shall remain unpaid for three months 2 after the date of the warrant authorizing the collection thereof shall bear .3 interest at twelve per cent per annum from the date of the warrant, and such 4 tax and interest may be sued for and recovered by the city against any person .5 liable therefor. The common council may renew, from time to time, any 6 warrant issued for the collection of any tax or assessment, whenever any tax 7 or assessment shall be returned uncollected, or issue a new warrant for the I ;S collection thereof, and in such renewal or warrant specify the time when the 9 same shall be returned and direct the collection of the interest on such 10 taxes or assessments, as the same is given to the city by this act, and the 11 same proceedings shall be had thereupon as upon the first warrant. 1 § 6. If a sum of money in gross has been or shall be taxed upon any lands 2 or premises, any person or persons owning any divided or undivided part 3 thereof, may pay such part of the sum of money so taxed, also the interest 33 4 and charges due or charged thereon as the assessor appointed by the 5 common conncil may deem to be just and equitable, and the remainder of 6 the sum of money so taxed, together with the interest and charges, shall be 7 a lien upon the residue of the land or premises only, which residue may be 8 sold to satisfy the residue of such tax, interest or charges, in the same 9 manner as though the residue of said tax had been imposed upon the residue 10 of said lands or premises. 1 § 7. Whenever any person upon whose estate or property a tax shall be 2 assessed, shall neglect or refuse to pay the same, or there shall be no 3 personal property found whereon the same can be levied or out of which 4 said tax can be collected, the collector shall make return thereof to the 5 common council, who are authorized to cause the estate on which such tax 6 was assessed, to be sold at public auction for a term of time, for the payment 7 of such tax, giving notice of such sale, in one or more of the newspapers 8 published in said city, for twelve weeks, successively, at least once in each 9 week, and serving personal notice on the owner or agent of such estate, 10 if known; if a resident of the said city, at least fourteen days previous 11 to such sale, or by depositing the same in the post-office^ directed to such 12 owner, at his place of residence, if known, or at the nearest post-office 13 thereto; but if such place of residence be unknown, then by posting a copy 14 of said notice in a conspicuous place on such estate or premises, at least 15 twenty-eight days previous to such sale, and the same shall be sold to the 16 person who shall offer to take it for the shortest term, for the payment of 17 such tax with interest and the expense of such notice and sale. 1 § 8. Whenever any real estate shall be sold, for collection of any tax, and 2 the owner thereof, his heirs or assigns shall not, within one year thereafter, 3 have paid or tendered to the purchaser or his legal representatives, or to the Assembly No, 603. 9 34 4 treasurer of the city of Ithaca, the amount of such tax and all expenses, with, 5 interest at the rate of ten per cent, per annum, the common council shall 6 deliver to the purchaser thereof, a certificate of such sale under the seal of 7 the said city and signed by the mayor, the execution of which may be proved 8 or acknowledged as deeds; and upon the receipt of such certificate, the 9 purchaser shall proceed to serve notice upon the owner or holder of any 10 mortgage, judgment or decree, which may be a lien on said lands, or any 11 portion thereof, personally, when the owner of such encumbrance is a 12 resident of the said city, or by letter directed to the postoffice of said owner; 13 and in case the person or parties holding or owning such mortgage, judgment 14 or decree, shall neglect to redeem the premises designated in such certificate 15 within six months from the time of serving such notice, such certificate may 16 be recorded in like manner, and with like effect, as in the case of other 17 conveyances of the title of lands. In case the holder or owner of any 18 mortgage, judgment or decree which shall be a lien upon any land sold under 19, the provisions of this section shall, within the period hereinbefore prescribed, 20 pay the sum for which such lands were struck off, with interest to the purchaser 21 of said lands, such holder or owner shall hold a first lien upon said lands for 23 the amount thus paid. 1 § 9. The purchaser at any such sale, receiving such certificate or his 2 executors, administrator^ or assigns, may, in case the lands are not redeemed, 3 as herein provided, enter into the possession of such real estate, and hold, 4 occupy and enjoy the same, during the term for which it was sold, and it 5 shall be the duty of all persons having possession thereof to surrender the 6 same accordingly, upon demand of the holder of said certificate; and in 7 default thereof, such grantee or grantees shall be entitled to the same remedy 8 to recover such possession as is by law provided for the removal of tenants 9 holding over after the expiration of their term. In any proceeding instituted 10 to recover such possession, the plaintiff shall prove that the notice to holders 35 11 or owners of mortgages, judgments or decrees which are a lien upon the 12 premises in question, has been duly given, as hereinbefore provided, and 13 that a demand of such possession has been made subsequent to the expiration 14 of the period of redemption hereinbefore provided. And the said purchaser 15 shall be at liberty at any time previous to . the expiration of his term of 16 occupancy, to remove all the buildings or materials which he may erect or 17 place on said premises. 1 § 10. It shall be the duty of the clerk in all cases of such sale, to make 2 an entry of the same in the records of the city, with the name of such 3 owner and a description of the property sold, the amount and term for 4 which it was sold and the name of the purchaser. 1 §11. If any real estate liable to taxation should be omitted from the 2 assessment-roll of said city,- and should thus 'escape taxation, it shall be 3 the duty of the assessor or assessors the succeeding year, to assess the 4 tax on such omitted real estate to which it would have been liable if it 5 had been included in said assessment-roll. If any tax on real estate shall 6 for any cause remain unpaid, the amount thereof with interest at twelve 7 per cent per annum jnay be added to the tax for the succeeding year, and 8 charged upon the real estate upon which it was originally assessed and 9 levied, and the same proceedings in all respects for the collection thereof, 10 and for the collection of omitted taxes, may be had with like effect as in 11 the case of a tax or assessment on ihe same real estate for the then 12 current year. 1 § 12. Whenever the common council shall be of the opinion that the 2 interests of said city require expenditures for any extraordinary or special 3 purpose or purposes, which in their opinion cannot be defrayed from the 4 said sum of thirty thousand dollars hereinbefore mentioned, after 5 defraying the ordinary current expenses of the year, the said common 36 6 council shall have power to call a special election; but before ordering 7 such special election, they shall make an estimate of the sum necessary 8 to be raised for such purposes, and shall state the amount and the objects 9 for which it is required, together with the reasons for their opinions, and 10 cause the statement to be published in one or more of the city papers two 11 weeks successively preceding the day of such election. The common 12 council may, after making and publishing such statement, ^ye two weeks' 13 notice of an election; and shall designate in said notice some convenient 14 place in said city for holding the polls of said election, and the time when 15 it shall be held. The common council shall choose two of their number 16 to act as inspectors of said election. Every resideiit^of said city, of the 17 age of twenty- one years, whose name shall be in the assessment-roll made 18 by the assessor or assessors of said city next preceding said special election 19 and upon whose property or upon whom as the owner or possessor of 20 property a tax shall be assessed or imposed in and by said roll, and no other 21 person or persons whatever shall be entitled to vote at said special election. 22 But every trustee, guardian or other person representing property menti oned or 23 named in said roll as the possessor or representative of property assessed 24 therein, shall, if a resident of said city, and twenty-one years of age, be 25 considered a qualified voter as aforesaid in respect of the property so 26 represented. The said assessment roll made by the assessor or assessors, 27 or a copy thereof certified by the city clerk and the mayor of said city, shall 28 be evidence of the names and assessments, as aforesaid. The polls of said 29 special election shall be opened and closed in the some manner provided for 30 holding city elections. On the ballots deposited on said special election shall 31 be written or printed, or partly written or partly printed on the inside 32 thereof, "for special tax," or "against special tax." The votes received at 33 such special election shall be canvassed, and the result certified, and the 34 certificates thereof filed, as prescribed by section eight of title two of this 37 35 act; and the common council at their next meeting after said election, shall 36 caus^ the result, as appearing by 'said certificate, to be entered in their 87 minutes; and if it shall appear that the whole number of votes received at 38 such election "for special tax" shall exceed the whole number of votes 39 "against special tax" it shall be the duty of the common council to cause 40 the said sum of money so voted for, to be assessed, levied and raised in 41 addition to the sum of thirty thousand dollars, and all other sums herein 42 required to be raised or which are or may be required to be raised by any 48 law of the State of New York, and said special tax may be included in the tax 44 for th«^ Current year or for the next succeeding year or may be levied in three 45 equal annual installments, in the same manner and with the same authority 46 as herein conferred in reference to the said sum of thirty thousand dollars, 47 provided always, that the total amount proposed to be raised, and to be 48 voted for in any one year at special election or elections, shall not exceed 49 ten thousand dollars. In case of a majority of voters " for special tax," the 50 common council may thereupon proceed to authorize the expenditure 51 of the amount thereof for the purposes specified in their published 52 statement, and may borrow, if they shall deem it necessary /to do so, the 53 amount so voted in anticipation of the collection of said tax for a time not 54 exceeding three years, payable in equal annual installments, if loan shall be 55 made for more than one year, and the amount so borrowed shall be expended 56 upon and for the purposes for which the special tax is raised, and shall be 57 paid as sood as the same shall become due, from the avails of the tax. The 58 moneys raised by any special tax shall be paid to, and kept by the treasurer, 59 distinct from any other moneys and entered into a separate account. TITLE VI. Steeets, Highways, Bkidges and Public Impkovements. 1 Section 1. Said common council shall be commissioners of highways in 2 and for said city and shall have all the powers of commissioners of highways Assembly No. 603. 10 3 of tlie several towns of this state, subject to the provisions of this act, and 4 they shall also have power to construct, regulate, repair, curb, straighten, 5 widen, discontinue, alter and clean the streets, highways, alleys, bridges, ; 6 side and crosswalks, drains and sewers in said city, and to prevent the 7 encumbering and obstructing the same in any manner, and to protect the 8 same from encroachment or injury. 1 § 2. The common council shall have power to cause such of the streets, 2 lanes, alleys, highways and public squares in said city, or any part thereof, 3 as shall have been heretofore laid out, but not recorded or sufficiently ,. 4 described, and such as shall have been used for twenty years, but not 5 recorded, to be ascertained, described and entered on record in a book to be 6 kept by the clerk of said city. 1 § 3. The common council shall have power, subject to the limitations 2 imposed by the general laws of the state, to lay out, make and open streets, 3 alleys, lanes, highways and public grounds, and may lay the same through;*^ 4 any lands, 'building, garden, orchard or enclosure in said city. 1 § 4. The common council shall have power to fix, determine, change and 2 regulate the grade and level of the streets in said city. They shall have 3 power to cause any street, alley, lane or highway in said city to be graded, 4 leveled, paved, repaired, curbed, macadamized, planked or graveled, and 5 to cause crosswalks, drains, sidewalks, sewers, aqueducts and reservoirs 6 to be constructed, made, relaid, amended or repaired in said city, and to 7 determine, by a resolution to be entered in the minutes of the proceedings 8 of the common council, what part or portion of the expenses of such 9 improvement, if any, shall be defrayed by said city, and what part by 10 assessments upon the persons or property benefited thereby, such 11 assessments to be made by said common council after the completion of 12 such improvement upon the owners or occupants of the premises benefited 39 13 thereby in the manner prescribed for making assessments in section nines^ 14 of this title. And such assessments shall be left with the clerk of said city, 15 as provided for assessments in said section nine, and thereafter the same 16 proceedings shall be had and taken concerning the same and the collection 17 thereof as are provided for assessments in said section nine, so far as the same 18 are applicable thereto. But no public improvement, the expense of which 19 in whole or in part is to be defrayed by a local assessment, shall be made 20 until first requested by a petition signed by at least a majority of the 21 owners of property to be assessed for such improvement, or unless at least 22 three-fourths of the common council shall concur in voting any improvement 23 to be expedient, or in determining to make the same, in which case no 24 petition or request shall be necessary. 1 § 5. Whenever any street, alley, lane or public ground is laid out, altered, 2 widened or straightened by virtue of this act, or any local improvement is 3 made under and by virtue of title three, section seven, sub-division eleven, 4 or any other local improvement, which requires that private property shall 5 be taken for public purposes, the common council shall in the first instance, 6 and before making such improvement, give notice of their intention to take ,7 and appropriate the land necessary therefor, and to make such 8 improvement, by publishing such notice for at least three weeks 9 successively, specifying as near as may be, the lands to be taken, in one or 10 more of the city papers, which notice shall also notify the owners of such 11 lands that at any time within the said three weeks, they may file with the 12 clerk of said city their claim or claims for damages by reason of such 13 improvement; and that application will be made to a court of record to be 14 designated in such notice, for the appointment of three commissioners 15 residing in said city, to ascertain the damages so claimed, and to assess the 16 expenses of such improvement or so much thereof as may be proper, upon 17 the lauds and premises to be benefited thereby; which notice shall also 40 18 specify the improvement to be made, the time when, and place where such 19 application will be made. At the time and place so specified, the common 20 council, by such person as they shall designate, shall make application to 21 the said court for the appointment of such commissioners, and said 22 claimants shall have the right to' be heard thereon. The said court shall 23 thereupon, by a rule to be entered in the minutes thereof, appoint said three 24 commissioners to ascertain and assess the damages so claimed, 25 and at the same time to determine what persons will be benefited 26 by such improvement, and to assess the damages and expenses thereof upon 27 the persons so benefited, in proportion, as near as may be, to the benefit 28 resulting to each. The hearing of such application may be adjourned from 29 time to time by said court. The commissioners shall be sworn by any person 30 authorized to administer oaths, faithfully and impartially to execute their 31 duty in making such assessments according- to their ability; they shall view 32 the premises, receive any legal evidence and may adjourn from day to day. 33 They shall, before entering upon their duties, give notice to said claimants of 34 the time and place of their meeting, at least five days before the time of such 35 meeting, by publishing such' notice in one or more of the city papers. They 36 shall determine and award to the owner or owners of such lands so claiming 37 damages, such damages as they will, in their opinion, sustain by the copaple- 38 tion of the improvements, after making due allowance for any benefit which 39 said owner or owners may derive therefrom. They shall, at the same time, 40 assess and apportion the said damages and expenses of such improvement on 41 the real estate benefited thereby, as nearly as may be, in proportion to the 42 benefits resulting therefrom, and shall briefly describe the real estate on 43 which any assessment is made by them. K there be any buildings on the 44 land taken for such improvement, the value of such buildings to be removed 45 shall be ascertained in their assessment, and the owner thereof may remove 46 the same in ten days, or in such other time as the common council shall 41 47 allow, after the cohiirmation of the return of the commissioners; if he shall 48 so remove said building, the value thereof so ascertained, shall be deducted 49 from the damages awarded to him. The determination and assessment of 50 the commissioners, signed by them, shall be returned by them to the common 51 council within thirty days after their appointment. The said court may, if 52 sufficient objections are made to the appointment of said commissioners, or 53 if any such commissioners shrll refuse or be unable to serve, appoint others 54 in their places, in the manner above provided; and the common council after 55 the determination and assessment of the commissioners is returned to them' 56 shall give two weeks' notice in one or more of the city papers, that the same 57 wiU, on a day specified in said notice, be confirmed, unless objections by 58 some person or persons interested, are made thereto in writing and filed with 59 the clerk. If no such objections are made as aforesaid, the determin9,tion and 60 assessment shall be confirmed by the common council. If objections are so 61 made, any person interested may be heard before the common council 62 touching the matter, on the day specified in said notice, or on other days, as 63 the common council shall appoint. The said common council shall either 64 confirm such determination and assessment; or annul the same, and refer 65 the same matter back to the same commissioners, or other commissioners to 66 be appointed by said court for the like purpose. The commissioners shall 67 proceed in all things in making and returning the second assessment, as in 68 making and returning the first assessment, and the said common council shall 69 proceed thereon as though it were an original assessment. In case the common 70 council shall confirm the second assessment and determination, the same shall 71 be final and conclusive on all persons interested; but, in case the common 72 council shall annul the same, then all proceedings in relation thereto shall 73 be null; but nothing herein contained shall authorize the common council to 74 discontinue or contract any street or highway,or any part thereof without the Assembly, No. 603. 11 42 75 consent in writing of two-thirds of all persons owning lands adjoining thereto. 76 On final confirmation of the report and assessment, the same, together with a 77 C9py of the order or resolution confirming the Same, shall be filed with the 78 city clerk. The county court of Tompkins county shall be deemed- to be 79 always open for the transaction of all business and the making of all 80 applications contemplated by this title. The same proceedings may be had 81 for the collection of any assessments under this section as are in this act . 82 provided in respect to other assessments. X , § 6. In cases where the whole or any part of any real estate subject to any 2 lease or other agreement, shall be taken by the common council under this 3 title, all the covenants and stipulations contained in such lease or agreement, 4 shall, upon final confirmation of the assessment thereof, cease, determine ^ 1 5 and be absolutely discharged; and in all cases where a part only of any real 6 estate shall be so taken, the said covenants and stipulations shall be so 7 discharged, only as to the part so taken; the county court of Tompkins 8 county, naay, on the application in writing of either or any party in interest 9 to such lease or agreement, app( int three disinterested freeholders of the 10 city; resident therein, to determine the rents, payments and conditions which 11 shall thereafter! be paid and performed under such lease or agreement, in 12 respect to the residue of such real estate; and the report of such freeholders 13 or any two of them, under their hands, on being confirmed by the court, 14 shall be binding and conclusive on all persons interested in such real estate. 1 § 7. When the amount of any damages for taking lands as aforesaid shall 2 be ascertained by a final confirmation of the report and assessment of the 3 commissioners, the common council shall, within one year thereafter, pay or 4 tender the amount of such damages to the owners of lands and tenements to 5 whom the same shall have been allowed; and in case such owners shall s ■ 6 refuse the same or be unknown, non-residents of the city, infauts, lunatics, 43 7 or the rights and interests of the persons claiming the same shall be doubtful 8 Or in dispute, it shall, in such case, be lawful for the common council -to pay , 9 the amount of damages into the oflSce.of the clerk of the supreme court in 10 the county of Tompkins, accompanied by a statement of the facts and 11 circumstances under which such payment is made, and describing the lands 12 and tenements taken by the city for which such damages have been awarded. 13 The damages so paid into the supreme court shall be invested and paid over 14 by it in the same manner tkat othier moneys are invested and paid over by 15 said court. Until such damages shall be so paid or tendered it shall not be 16 lawful for the common council to take or enter upon such lands or tenements 17 for the taking of which any such damages shall be allowed. When such 18 damages shall have been so paid or tendered, as aforesaid, the said common 19 council may immediately enter and take possession of the lands, tenements 20 or premises in respect of which such payment or tender was made, and do 21 and perform the alterations or improvements or other work or thing for the 22 purpose of which such lands, tenements or premises were required and 23 taken. 1 § 8. Whenever any proceedings shall have been had under section five of 2 this title, and the commissioners appointed as therein specified shall have 3 made their estimate and assessment, and the same shall have been confirmed 4 by the common council, if it shall then appear from such report that 5 assessments for benefits are made against the owners of property therein, 6 such assessments, from the date of confirmation of such report, shall be a 7 hen on the lands in respect to which such assessment had been made, having 8 preference over all other liens and incumbrances whatever, and such 9 assessments shall be collected in all respects as provided in the next 10 following section of this title for the collection of the assessments therein 11 specified. 44 1 § 9. Whenever any of the improvements or repairs, or other acts herein 2 authbrized to be done by said common council, at the expense of persons in 3 default shall have been made or done by said common council, and 4 especially the improvements, repairs, acts, work and labor mentioned and 5 specified in subdivisions eleven, fourteen, twenty-four, twenty-nine and 6 thirty of section seven, title three, of this act, and in section four of 7 this title, as chargeable upon owners or occupants, the expense thereof shall 8 be assessed by said] common council upon the owners or occupants of 9 the lands or premises, upon, or for, or in respect to which such repairs, 10 improvements, work or labor shall have been done; such expense to be 11 assessed to such owners or occupants bv name, when known by said 12 common council, and when unknown, to the unknown owners of such lands 13 and premises, describing the same. Such assessment shall be left with the 14 city clerk, who shall give public notice in the newspaper or newspapers 15 employed by said city that the same has been left with him, and that the 16 common council will, on a certain day to be therein specified, which shall 17 not be less than ten days from the first publication of said notice, proceed to 18 confirm said assessment. During that period any person interested may 19 appear before said common council and apply to have such assessment 20 altered or . corrected, as justice may require. The same may then be 21 confirmed by them without further notice. All such assessments shall 22 constitute a lien upon the lands and premises respectively upon, or for, or in 23 respect of which they shall have been made. Within twenty days thereafter 24 such assessment may be paid to the treasurer of said city. If any such 25 assessment shall remain unpaid at, the expiration of said twenty days the 26 said common council shall issue their warrant to the collector of said city, 27 under their hands and corporate seal, who shall proceed to collect the same 28 out of the personal property of the persons so assessed, within sixty days 29 after the receipt thereof by him. If the said collector shall return said 45 30 warrant, at the expiration of sixty days , unsatisfied for want of personal p roperty 31 out of which he could satisfy the same, the said common council shall 32 proceed to collect such assessment by a sale of the premises in the manner 3^ pfovicj^d in section seven,,, title five of this act, for the collection of unpaid 3,4 t^^es, and all the provisions of sections five, six, seyen an,d eight, title five of 35 this act shall be in force and apply so far as the same may be applicable to 36 all proceedings for the collection of unpaid taxes, and the right and duties of 37 all persons concerned shall be the same as provided in said sections. \ TITLE VII. Op the Fii^e Depabtm!:^nt. 1 S;i?ot.iq;n 1, AU the powers and duties conferrec^ upon the board of trustees 2 of the former village of Ithaca by the act of incorporation of the Ithaca fire 3 department, chapter two hundred and fourteen of the laws of eighteen 4 hundred and seventy-one and the amendments thereto, are hereby conferred 5 and imposed upon the common council of the city of Ithaca. TITLE VIII. MiSCELANEOUS PeOVISIONS. 1 Section 1. No member of the common council shall be interested in any 2 contract to which the city shall be a party. ,1 § 2. No person shall be an incompetent j^dge, justice, witness or juror, by 2 reason of his being an inhabitant or freeholder inthe city of Ithaca, in any 3 action or proceeding in which the said city is interested. 1 § 3. The collector of the town of Ithaca shall pay into the treasury of the 2 city of Ithaca, one-half of all sums^raised by or received by said town in 3 each year, for repairing or construpting bridges in said town, or for the 4 payment for such repairs or construction, and the same shall be expended Assembly, No. 603. • 12 46 5 under the direction of the common council in repairing or building bridges in 6 said city. , . 1 § 4. No person entitled to vote at any election held under this act, shall 2 be arrested on any civil process within the said city on the day on which 3 such election is held. 1 § 5. Every person now or hereafter elected or appointed under this act, to 2 any office, who shall be sued for any act done or omitted to be done, under 3 such election or appointment, and any person^who shall be sued for any act or 4 thing done by the command of any officer, shall, if any final judgment be 5 rendered thereon, whereby any such defendant shall be entitled to costs, 6 recover double costs, as defined by the revised statutes, 1 § 6. The mayor or acting mayor shall have power to cause buildings to be 2 pulled down, blown up or removed for the purpose of arresting the progress 3 of tires, and for the extinguishment of the same. In every case where a 4 building shall be pulled down, blown up or removed under such authority 5 1 for the purposes aforesaid, and said building shall be insured, the owner 6 thereof shall be entitled to recover from the said city damages to the same 7 extent as he would have been entitled to recover against the insurers, in case 8 such building had beep destroyed by fire. 1 § 7. If any person having been an officer in said city, shall not within ten 2 days after notification and request, deliver to his successor in office all the 3 property, papers and effects of every description in his possession or under 4 his control, belonging to said city, or^pertaining to his office, he shall forfeit 5 and pay for the use of the city one hundred dollars, besides all damage 6 caused by his neglect or refusal to deliver. 1 § 8. No suit shall be maintained upon any claim or claims, for injuries 47 2 resulting from negligence, unless the same shall be presented for payment to 3 the common council of said city at some regular meeting thereof, and until 4 thirty days after such presentation shall have been made, or unless claim has 5 been made within sixty days and suit begun within twelve months after the 6 claim has been disallowed by the common council. 1, § 9. The city of Ithaca shall succeed to and be vested with all the rights 2 and property of the village of Ithata, and shall succeed to and be liable for 3 all the liabilities of said village, and every suit, prosecution or proceeding 4 Commenced by or against said village, may be continued by or against said 5 city. 1 § 10. This act shall be deemed a public act, and the legislature may at any 2 time repeal, modify or alter the same. 1 § 11. This act shall take effect thirty days after its passage. State of New York. No. 604. Int. 931. IN ASSEMBLY, 'v*'^ MAR 21 ma j, March 15, 1888. ^^■11 II II ir III Introduced by Mr. ENZ — read twice and, by unanitnoiis consent, ordered to a third reading and printed. AN ACT To provide for the establishment of a system of graded schools in the city of Ithaca. The People of the State of New York, represented in Senate and Assembly, do enact as follows : 1 Section 1. All school districts and parts of school districts in the city Of 2 Ithaca, shaU, for the purposes hereinafter mentioned, form one school 3 district, to be called the union school district of the city of Ithaca. Said 4 district shall not be altered except by legislative enactment. 1 § 2. The present commissioners of the union school district of the village , 2 of Ithaca, for the periods for which they were respectively chosen, or their 3 successors in case of vacancies occurring before the expiratiori of such periods 4 respectively, shall be commissioners of the union school district of the city 5 of Ithaca, and the said commissioners and their successors to be chosen as 6 hereinafter provided, are hereby constituted a body corporate, to be styled 2 7 the board of education of the city of Ithaca, which is hereby constituted the 8 successor of the board of education of the village of Ithaca. A majority of 9 the commissioners shall constitute a quorm. 1 § 3. There shall be elected annually at each general city election in said 2 city, in the same manner as other general city oflBcers are elected, and by vote 3 of all the inhabitants qualified to vote at a district school meeting in this 4 state, four commissioners, to fill the places of those whose terms of office 5 expire on the second Tuesday of October next succeeding such election. The 6 commissioners thus chosen shall hold their respective offices for the term of 7 three years from the second Tuesday in October next succeeding their 8 election, and until their successors shalljbe elected and enter upon the duties 9 of their offices respectively. This act shall not be so construed as to 10 disqualify any commissioner aforesaid for re-election. The collector of the 11 city of Ithaca, shall be the collector ex-officioof the said union school district 12 of the city of Ithaca, and his authority and jurisdiction shall extend to all 13 taxes levied by the said board of education of the city of Ithaca during his 14 term of office as such city collector, and shall continue until his final settle- 15 ment with said board of education as required by section eleven of this act. 1 § 4. The commissioners elected by virtue of this, act, before entering 2 upon the duties of their office, shall take the oath of office prescribed by the 3 constitution of this state, before the clerk of the city of Ithaca, who is hereby j. 4 empowered to administer said oath, and said clerk shall file the same among 5 the records of the city. The board of education shall have power, and it 6 shall be their duty, to fill all vacancies in the said board which may occur ^ 7 from any other cause than the expiration of their term of office. The 8 commissioners so appointed shall hold their offices for the unexpired term of 9 those to supply whose places they were appointed. 1 § 5. Any member of the board of education may, for neglect of duty, or 3 2 either immoral or official misconduct, be' removed from office by the boara, 3 by a vote of two-thirds present at any regularly called meeting thereof; but 4 before final action thereon, a written copy of the charges preferred against 5 said member saall be served upon him, and he shall be allowed an oppor- 6 tunity to explain or refute them. Any member of said board may resign his 7 office by giving one month's previous notice, in writing, to the said board,. 8 who may, if they deem the reason sufficient, accept the same. 1 § 6. At each annual meeting of the board they shall elect one of their 2 number president of the board, and whenever he shall be absent, or unable 3 to act, they shall appoint a president pro tempore. The board shall fix the 4 time for their annual meeting, and, unless changed by a resolution of the 5 board, the time thus fixed shall be the time for future annual meetings. The 6 board of education shall receive no compensation for their services. 1 § 7. The board of education shall meet for the transaction of business as 2 often as once in each month, and may adjourn for any shorter time. Special 3 meetings may be called by the president, or, in case, of his absence or 4 inability to act, by any member of the board, as often as necessary, by giving 5 personal notice to each member of the board, or by mailing a written or 6 printed notice to his address, at least twenty-four hours before the time for 7 suc^t special meeting. 1 § 8. The board of education shall appoint a secretary and librarian, who 2 shall hold their offices during the pleasure of the board, and whose^ 3 compensation shall be fixed by the board; and the same person may hold the 4 office of secretary and librarian. The secretary shall keep a record of the 5 proceedings of the board and perform such other duties as the board may 6 prescribe. The librarian shall have full charge of the library or libraries of 7 the district, and may appoint such assistaiits as may be necessary, from time ■ ■ ' ' ' ' ' " 8 to time, and such assistants may be removed at any time by the board of 9 education. The record of the board of education, or a transcript thereof 10 certified by the secretary, shall be received in all courts as prima facie 11 evidence of facts therein stated, and such record, the books, accounts, 12 vouchers and papers of the said board shall at all times be subject to the 13 inspection of the common council of the city, or any committee thereof, or 14 any taxpayer, and a transcript thereof may be taken. 1 § 9. The board of education shall have power, and it shall be their duty, 2 to raise, by tax to be levied upon all the real and personal estate in said 3 union school district which shall be liable to taxation for city charges, such 4 sums as may be determined upon to be necessary and proper, for any or all 5 the following purposes,, for the current year: 6 1. To purchase, lease or improve sites for school houses. 7 2. To build, purchase, lease, alter and repair school houses, out houses 8 and appurtenances thereto belonging. , ' 9 3. To purchase, exchange, improve and repair school apparatus and 10 provide suitable and necessary text books for the pupils of the several 11 schools under their care; provide/i, however, that it shall be optional with 12 said board of education to provide suitable and necessary text books for the 13 pupils attending the high school, 14 4, To procure fuel and defray the necessary expenses of keeping the 15 school houses in order, exclusive of repairs, including insurance. 16 5. To defray the contingent expenses of the several schools and the 17 district library or libraries including salary of librarian and superintendent. 18 6. To defray the contingent expenses of the board of education, including 19 the salary of the secretary thereof. 20 7. To pay teachers' wages, after the application of the public money 21 appropriated by law for that purpose. 22 8. To pay charges or expenses incurred by law, or necessary to carry this ;-■■ ". ^ 5 ' 23 act into effect, or to refund loans contacted by law, and to pay the interest 24 thereon, or to pay sncH sums as sKall be required to fulfill any contract duly 25 made under the provisions of this act. !■ § 10. The tax aforesaid, and all of the taxes to be levied and collected by 2 virtue of this act, shall be assessed and the tax-list made out and delivered 3 to the proper oflficer for collection, within thirty da,ys after the same shall 4 have been voted, except as herein otherwise provided. The said tax-list or 5 lists -shall, in respect to manner, form and other particulars, be made out the 6 same as school district tax-lists are required to be made by sections sixty- 7 five, sixty-six, sefventy, seventy-one, seventy-two and seventy-four of title 8 seven of chapter five hundred and fifty-five of the laws of eighteen hundred 9 and sixty-four, entitled "An act to revise and consolidate the general acts 10 relating to public instruction." The valuations of taxable property shall be 11 ascertained as far as possible froni the last a&sessment-roll of the city after 12 revision by the assessors. The board of education may aihend and correct 13 any tax-list when any error shall have been discovered. The bo^rd of •14 education shall attach to said tax-list or lists their warrant for its' collection, 15 directed to the proper officer and sighed by the president and secretary of 16 the board. The said warrant shall be the same in form as a warrant issued 17 by the trustees of a school- district of the state, arid it shall have a like force 18 and efliect as are given to a warrant of the trustees of a schodl ■ district by 19 section eighty-one of title seven of the afdiresaid law of the state. The board 20 of education may renew, from time to time, as they shall deem proper any 21 warrant issued for the collection of any tax assessed by them by virtue of this 22 act. The board of education, upon delivering any tax-list and warrant to the 23 collector, shall retain a copy of the same for themselves, afld' shall take a 24 receipt from the collector for the said tax-list and warrant, which receipt 25 shall specify the amount to be collected, and the return day of the said tax- Assembly No. 604: 2 6 26 list. The board of education shall also, immediately upon the delivery of 27 any tax-list to the collector, publish a notice thereof in two of the city 28 papers, designating some convenient place where said collector shall attend 29 on Monday and Saturday of each week, for four successive weeks next after SO^^the delivery to him of said tax-roll and warrant, from nine o'clock in the 31 morning to eight o'clock in the evening, for the purpose of receiving said taxes. 32 It shall be the duty of the collector before receiving any warrant for the 33 collection of money, to execute a bond to the board of education, with two 34 or more sureties to be approved by the said board, in such amount as they 35 shall deem reasonable, conditioned for^the due and faithful execution of the 36 duties of his office. 1 , § 11. It shall be the duty of the collector of the city of Ithaca, after 2 receiving any tax list from the board of education, to attend at the time and 3 place designated by the board in their published notice, as provided by 4 section ten of this act, and receive such taxes as may be there and then 5 tendered to him. He shall receive for his services on all sume paid in as 6 aforesaid and all other sums paid before the expiration of four weeks after 7 receiving such tax list and warrant one per cent; on all sums collected by 8 him after the expiration of the time mentioned, he shall receive three per 9 cent, and in case a levy and sale shall be necessarily made by said collector 10 he shall be entitled to traveling fees at the rate of ten cents per mile, to be 11 computed from the high school building of the city of Ithaca. All such 12 percentages and fees he shall collect as above, in addition to the taxes so paid 13 to or collected by him. Tt shall be the duty of the collector, before the 14 expiration of his warrant, to pay over all moneys received by him by virtue 15 of its authority, except his percentage of compensation to the treasurer of 16 the city of Ithaca, whose receipt shall be his sufficient voucher therefor. He 17 shall settle with the board of education at their first regular monthly 7 18 meeting after the final expiration of such warrant and shall account to them 19 for all moneys reteived by him upon the tax list delivered to him. He shall 20 also comply with section seventy-five, title seven of said chapter five hundred 21 and fifty-five of the laws of eighteen hundred and sixty-four, the same as is 22 required of the collector of any other school district of the State, in which 23 case the board of education shall credit him with the amount to which he 24 shall be entitled by virtue of the said section. 1 § 12 It shall be the duty of the board of education to proceed with the 2 account of money so credited to the collector, the same as trustees are 3 directed to do under like circumstances by section seventy-six, title seven, 4 of the law aforesaid. And, further, all the provisions of sections seventy- 5 seven, seventy-eight, seventy-nine and eighty of said title seven of the 6 aforesaid law shall have the same application to the taxes of this union 7 school district as to those of other school districts of the State. The board / 8 of education shall also have the same power to sue for and collect any tax as 9 is given by section eighty-six of said title seven of the aforesaid law to 10 trustees of school districts. In case the oflSce of the collector shall become 11 vacant by the death, resignation, refusal or inability of the /incumbent to act 12 the board, by appointment, may fill the vacancy for the unexpired term. 1 § 13. AH /^moneys raised pursuant to the provisions of this act, and all 2 school moneys by law appropriated to or provided for said union school 3 district, shall be paid to the treasurer of the city of Ithaca, who, together 4 with the sureties upon his oflBcial bond, shall be accountable therefor in the 5 same manner as for other funds of said city, and the common council of said 6 city, in fixing the amount of the treasurer's sureties, shall include the moneys 7 received by virtue of this act. The said treasurer shall be liable to the same 8 penalties for official misconduct in relation to said moneys, as for any similar 9 misconduct in relation to other moneys of said city. 8 1 § 14. All moneys raised by virtue of this act, or received from any other 2 source, for the Use of the public schools in said district, shall be deposited 3 with the treasurer for safe keeping thereof, to the credit of the board of 4 education, until drawn as hereinafter provided for, and the said treasurer 5 shall keep the account of the funds thus deposited with him separate and 6 distinct from any other funds which he is or may be authorized to receive. 1 § 15. The treasurer of the city of Ithaca shall, at the proper time in each 2 year, draw upon the county treasurer, or other proper officer, for all moneys 3 appropriated to said union district from the common school, literature, or ft 4 other funds of this state; and he is hereby authorized to receive the same for- 5 the said union district, as provided for. in the preceding section. 1 § 16- The treasurer shall pay out the moneys received by him by virtue of 2 this act only upon drafts drawn by the president and counter-signed by the 3 secretary of the board of education, which drafts shall not be drawn except 4 in pursuance of a resolution or resolutions of said board, and shall be payable 5 to the person or persons entitled to receive the money thereon. The treas- 6 urer, when required to do so by the board of education,,shalL mako tO'them 7 a written statement, of the moneys received and disbursed by him on their 8 account, together with the amount in his hands at' the time of such state- 9 ment. At the end of his official term he shall settle with the said board of 10 education, and pay to his successor in office, to the credit of the said board, 11 all moneys remaining in his hands subject to their order. His compensation 12 fdr receiving a'nd disbursing the moneys committed to his charge by virtue of 13 this act, shall be determined by the board of education. * 1 § 17. The board of education may cause a suit or suits to be prosecuted in 2 their corporate name, upon the official bond of the. treasurer or any collector of 3 said city, for any default, delinquency or official misconduct in relation, to the 4 collection, safe-keeping and payment of any money in this act mentioned. ,9 1 § 18. The said board of education shall have power, and it shall be their * 2 duty: 3 1, To organize, establish and maintain such and so many schools in said 4 union school district,including the common schools and high sch ool now existing 5 therein, as they shall deem requisite and expedient, and to alter and 6' discontinue the same. 7 2. To purchase and hire school houses and rooms, lots or sites for school 8 houses, and to fence and improve them. 9 3. Upon the lots and sites owned by said board of education, to build, 10 enlarge, alter, improve and repair school houses, out houses and 11 appurtenances as they may deem advisable. 12 4. To purchase, exchange, improve and repair school apparatus, books 13 for pupils (save as hereinbefore provided), furniture and appendages, and to 14 provide fuel for the schools, pay the necessary insurance on buildings and 15 school property and to defray the contingent expenses of the school library. 16 5. To have the custody and safe keeping of the school houses and all 17 school property belonging to said union district, and to see that the 18 ordinances of the board in relation thereto be observed. ' ' 19 6. To contract with, examine, license and employ all teachers in said 20 schools, and at their pleasure to remove them. 21 7. To pay the wages of such teachers out of the money appropriated and 22 provided by law for the support of common schools in said union district or 23 by this act. 24 8. To defray the necessary contingent expenses of the board, including 25 the annual salary of the secretary of the board. 26 9. To have in all respects the superintendence, supervision and 27 management of the schools of said district, and, from time to time, to adopt, 28 alter, modify and repeal as they may deem expedient, rules and regulations 29 for their organization, government and instruction, and for the reception of Assembly, No. 604. 3 10 30 pupils, and their transfer , from one class to another, or from one school to 31 another, and generally for their good order, prosperity and utility. 32 10. To sell any of the school houses, lots or sites, or any of the school 33 property now or hereafter belonging to the district, when authorized to do 34 so by a majority vote at any regular or special election of the voters of the 35 district, upon such terms as the board shall deem most advantageous ; and 36 the proceeds of all sales shall be paid to the treasurer of the city of Ithaca,. 37 and shall be by said board of education expended in the purchase, repairs or 38^ improvements of school houses, sites or appurtenances, , furniture or 39 apparatus. n 1 § 19. Whenever in the opinion of the board of education, it 'shall become 2 advisable to erect any school building, the estimated cost of which shall 3 exceed three thousand dollars, they shall cause an estimate of the cost of 4 such building to be made, and shall cause the question of raising the amount 5 required by tax to be submitted to the decision of the voters of the union 6 school district, in such manner as they deem best calculated to procure a 7 fair exprpssi(!)n from said voters. In case the tax shall be voted, the same 8 may J)e raised by installments, the amounts of which, and the times of 9 payment, shall be left optional with the board of education. 1 § 20. The academy, or high school, connected with the school system 2 contemplated by this act, shall be recognized as one of the academies of this 3 State, subject to the visitation of the regents, and shall be entitled to 4 participate in the distribution of the income of the literature fund and other 5 funds in the same manner and upon the same conditions as the other ' 6 academies of the state; and the regents of the university of the state of 7 New York shall pay annually to the board of education of Ithaca the, 8 distributive share of the said funds to which the said academy or high school, 9 shall be entitled. ,11' 1 §21. The board of education shall report annually the condition of the 2 union school district of Ithac&, to the school commissioner of the first district ' 3 o:^ Tompkins county in the same manner and to the same extent as other, 4 school districts are by law required to report. The school commissioners of . 5 Tompkins county in making apportionment of school money, shall designate 6 the amount due said union district separate from other school districts in the 7 town of Ithaca, and certify the amount due said district, to the treasurer of 8 the city of Ithaca, and also to the treasurer of Tompkins county. The said 9 treasurer of Tompkins county shall, upon the draft of the treasurer of 10 the city of Ithaca, pay annually to him the sum thus certified as due the said 11 union school district. 1 § 22. The schools organized under this act shall be free to all pupils 2 between the ages of five and twenty -one years who are actual residents of 3 said union school district. The board of education shall decide all questions 4 of residence arising under this section. The said board may allow the children 5 of non-residents to attend the schools of said district, and shall prescribe the 6 rates for the tuition of such non-residents, payable always in advance. 1 § 23. The said board of education shall be the trustees of the school 2 district library of said union district, and all the provisions of law which are 3 now in force, or hereafter may be passed, relative to school district libraries, 4 shall apply to said board of education in the same manner as if they were 5 trustees of a school district. They shall be vested with the same discretion 6 as to the disposition of moneys, appropriated by the laws of this state for 7 the purchase of libraries, which is therein conferred on the inhabitants of 8 school districts, and they shall have the power to purchase, exchange, 9 repair or dispose of any books or other property of said library, or cause it 10 to be done, and apply the proceeds to the purchase of other books or 11 apparatus; also, to provide suitable rooms and furniture for said library; and 12 12 further they may appropriate for the benefit of said library, out of the 13 moneys annually raised in said district by the school tax, an amount not 14 exceeding one hundred dollars, in addition to the library money received 15 from the state, 1 § 24. The title of the school houses, sites, furniture, books and all other 2 school property now belonging to the union school district of the village of 3 Ithaca or to the board of education of the village of Ithaca, is hereby vested 4 in the board of education of the city of Ithaca; and the same while used or 5 appropriated for school purposes, shall not be levied on or sold by virtue of 6 any warrant or execution, or other process, nor be subject to taxation for any 7 purpose whatever; and the said board of education of the city of Ithaca in 8 its corporate capacity, shall be competent to take, hold and dispose of any 9 real or personal estate transferred to it by grant, gift, bequest or devise, for 10 the use of the common schools or academy of said union school district, -, 11 whether the same be transferred in terms to said board of education by its 12 proper style, or by any other designation, or to any person or persons, or 13 corporation, for the use of said schools, or academy. 1 § 25. It shall be the duty' of the board of education, between the first 2 and fifteenth days of October of each year, to prepare and publish in one 3 or more of the newspapers printed in the city of Ithaca, a true and correct 4 statement of the receipts and disbursements under the provisions of this 5 act, for the preceding year ending August thirty-first, in which account 6 shall be stated under appropriate heads: 7 1. The money raised by the board of education and received by the 8 treasurer of the city under the tenth section of this act, 9 2, The school moneys received by the treasurer of the city from the 10 county treasurer. 11 3. All other moneys received by the said treasurer, subject to the order; 13 . 12 of the board of education, specfying the sources from which they shall 13 have been derived. 14 4. The manner in which such sums of money shall have been 15 expended, specifying the amount under each head of expenditures, and 16 the person or persons to whom the money has been paid. 17 5. Such other information as they shall deem proper in regard to the condition 18 of the schools under their care. 1 . §26. The jurisdiction of the various school district oflScers over the 2 territory hereby annexed to the union school district of the village of 3 Ithaca shall terminate -vi^henever this act shall take effect. 1 § 27. It shall be the duty of the clerk of the city, immediately after the -2 election or appointment of any person to any office mentioned in this act, 3 personally or in writing, to notify him of his election or appointment, and 4 any person, who, without sufficient cause, shall refuse to serve therein shall 5 forfeit the sum of ten dollars; and every person so elected or appointed, and 6 not having refused to accept, who shall neglect to discharge the duties of 7 such office, shall forfeit the sum of twenty dollars to said board of education. 8 It shall be the duty of said board of education, forthwith, to prosecute for 9 all forfeitures and penalties under this act, when voluntary payment is 10 refused; and when received to apply the same to the purpose of education 11 in said district. All officers mentioned in this act shall be deemed public 12 officers, within the intent and meaning of section thirty-eight, of title six, of 13 chapter one, part four of the revised statutes, and as such, liable to the 14 penalties therein prescribed, in addition to the penalty in this section before 15 provided. 1 § 28. The board of education may, when they shall deem it advisable. Assembly, No. 604. 4 1^4 2 appoint a superintendent of sciiools for tlie said uni6n gehoor distric^^^ 3 may ex-officio be secretary of said board. He Bball be under tlie directi(!yn: 4 of tiie board of education, arid they shall prescribe His general duties, flh 5 addition to such other duties as may be devolved upon him by the board in 6 the visitation and superintendence of the schools, he shall examine the- "7 qualifications of teachers, and grant certificates in such manner and form as 8 may be prescribed by the state superintendent, which shallnot be in force 9 longer than a year, and which may at any time be- revoked by the board of 10 education. He shall be paid a salary out of the general fund, to be fixed by 11 the board of education, and may be removed from oflB«e by the vote of a- 12 majority of all the members of said board. 1 §29. All former or existing acts, or parts of acts, conflicting or inconsisten^'x 2 with the provisions of this act, are hereby repealed, so far as they affect this 3 act; but nothing in this act shall be so construed as to limit, restrain or 4 annul the powers of the superintendent of public instruction. In all matters. 5 of dispute, which shall be referred to him by appeal^ and which shall arise 6 under and by virtue of this act, or under and by virtue of any other act . 7 which is now, or shall hereafter be applicable to the schools, school officers; f 8 or school property of or in said district, his decisions or orders shall be final 9 and binding. 1 § 30. Chapter one hundred and twenty-five of the laws of eighteen hundred 2 and seventy-four, entitled "An act to provide for the establishment of a 3 system of graded schools in the village of Ithpca," and chapter forty- six of 4 the laws of eighteen hundred and seventy-seven amendatory thereof, are 5 hereby repealed, but the repeal of said act shall not be construed- as in any 6 way impairing the effect or validity of any acts or proceedings of the board 7 of education of the village of Ithaca, prior to the time when this act shall 8 take effect, and the board of education of the city of Ithaca shall succeed to 15 9 all the rights and liabilities of the board of education of the village of Ithaca, 10 accrued or incurred prior to the time when this act shall take effect. 1 §31. This act shall take effect at the same time that an act of the 2 legislature of the present year, entitled " An act to incorporate the city of 3 Ithaca," shall take effect.