CORNELL UNIVERSITY LIBRARY FROM The Council The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030538999 CITY OFFICERS 1864-1865. MAYOR— JOHN AENOT, JR. CLIERK— JESSE L. CCOLEY. ALDERMEN. First Ward— Wm. P. Yates Second Ward— Wm. T. Post, Third Ward— S. Hall, Fourth Ward — ^Adam Berner, Fifth Ward — Adam J. Loomis, George Congdon. I. B. Guernsey. H. S. Gilbert. H. C. Covell. S. A. Stryker. 1865-66. MAYOR— JOHN I. NICKS. CLERK— WRIGHT P. SHERMAN. ALDEKMEN. First Ward — George Congdon, Second Ward — I. B. Guernsey, Third Ward— H. S. Gilbert, Fourth Ward- H. C. Covell, Fifth Ward— S. A. Stryker, Isaac P. Briggs. Edwin A. Scott. Thomas Gerity. William Brown. Arcalous Wyckoff. 1866-67. MAYOR— JOHN I. NICKS. CDEEKS— WRIGHT P. SHEIRMAN and R. R. R. DUM'ARS. CITY ATTORNEY-^OHN T. DAVIDSON. ALDERMEN. First Ward — Isaac P. Briggs, Henry T. Palmer. Second Ward — Edwin A. Scott, Third Ward- Thomas Gerity, Fourth Ward — William Brown, Fifth Ward — ^Arcalous Wyckoff, DeBruce Goodell. Henry S. Gilbert. David D. Reynolds. Joseph H. Barney. 1867-68. MAYOR— EATON N. ERISBIE. CLERK— HOWARD M. SMITH. ALDERMEN. First Ward- Henry T. Palmer, Second Ward — DeBruce Goodell, Third Ward— Henry S. Gilbert, Fourth Ward — ^David D. Reynolds, Fifth Ward — Joseph H. Barney, Sixth Ward — ^William J. Dounce, Charles G. Pairman. Solomon B. Tomlinson. John M. Robinson. Frank H. Atkinson. John P. Laidlaw. Edwin A. Scott. 1868-69. MAYOR— STEPHEN M'DONALD. CLERK— HOWARD M. SMITH. ALDERMEN. First Ward— Charles G. Fairman, Second Ward— Solomon B. Tomlinaon, Third Ward— John M. Robinson, Fourth Ward— Frank H. Atkinson, Fifth Ward— John F. Laidlaw, Sixth Ward— Edwin A. Scott, Sutherland DeWitt. Alfred F. Norton. William J. Lormore. Patrick Ronan. Grandison A. Gridley. DeBruce Goodell. 1869-70. MAYOR— STEPHEN M'DONALD. CLERK— HOWARD M. SMITH. ALDERMEN. First Ward— Sutherland DeWitt, Second Ward— Alfred F. Norton, Third Ward — William J. Lormore, Fourth Ward — Patrick Ronan, Fifth Ward— Grandison A. Gridley, Sixth Ward — DeBruce Goodell, Charles G. Fairman. James Moonan. Stephen T. Arnot. Henry C. Covell. Charles E. Eckenberger. Puritan B. Call. 1870-71. MAYOR^IOHN ARNOT, JR. CLERK— A. B. lOlESS. ALDERMEN. First Ward — Charles G. Fairman, Second Ward — James Moonan, Third Ward— Stephen T. Arnot, Fourth Ward — Henry C. Covell, Fifth Ward — Charles E. Eckenberger, Sixth Ward— Puritan B. Call, Sutherland DeWitt. Solomon B. Tomlinson. Sanford Clock. Patrick Ronan. Richard Baker. George W. Hoffman. 1871-72. MAYOR— PATRICK H. FLOOD. CLERK— WILLIAM E. STRAIT. CITY ATTORNEY— JOHN A. REYNOLDS. ALDERMEN. First Ward— Sutherland DeWitt, Second Ward — Solomon B. Tomlinson, Third Ward— Sanford Clock, Fourth Ward — Patrick Ronan, Fifth Ward— Richard Baker. Sixth Ward — George W. Hoffman. Luther Caldwell. James Moonan. Gardiner G. Reynolds. Robert T. Turner. Charles H. Spaulding. William A. Ward. 1872-73. MAYOR— PATRICK II. FLOOD. CLERIC— WILLIAM E. STRAIT. CITY ATTORNEY— SEYM(JUR DJiXTER. ALDERMEN. First Ward— Luther Caldwell, Second Ward — James Moonan, Third Ward — Gardiner G. Reynolds, Fourth Ward— Robert T. Turner. Fifth Ward— Charles H. Spaulding, Sixth Ward— George W. Hoflfman, Seventh Ward— Robert T. Smith, Hector L. Miller. John 1. Nicks. Peter iiiggs. Elias Tl. Dormaul. Archibii Id Robertson. WilliaiTi A. Ward. William R. Cooper. 1873-74. MAYOR— LUTHER CAXDWEIiL. CLERIC— WILLIAM E. STRAIT. CITY ATTORNEY— E. C. VAN DUZER. vyLDERMEN. First Ward — ^Hector L. Miller, Second Ward — John I. Nicks, Third Ward — Peter Biggs, Fourth Ward — Elias H. Dormaul, Fifth Ward — ^Archibald Robertson, Sixth Ward — George W. Hoffman, Seventh Ward— Robert T. Smith. Howard M. Smith. Patrick J. Lee. James S. Thurston. Stephen T. Arnot. Jerry Liddy. William A. Ward. William R. Cooper. 1874-75. MAYOR-^OHN ARNOT, JH. CLERK— URIAH S. LOWE. CITY ATTORNEY— JOHN A. REYNOLDS. ALDERMEN. First Ward — Howard M. Smith, Second Ward — ^Patrick J. Lee, Third Ward— James S. Thurston, Fourth Ward— Stephen T. Arnot, Fifth Ward — Jerry Liddy, Sixth Ward— William A. Ward, Seventh Ward— William R. Cooper, Hector L. Miller. S. B. Tomlinson. Adam Mander. William Sullivan. Harvey Smith. Granville D. Parsons. George Peters. 1875-76. MAYOR— HOWARD M. SMITH. CLERK— URIAH S. LOWE. ALDERMEN. First Ward— Hector L. Miller, Second Ward— S. B. Tomlinson, Third Ward- Adam Mander, Fourth Ward— William Sullivan, Fifth Ward— Harvey Smith, Sixth Ward— Granville D. Parsons, Seventh Ward— George Peters, William I'agett. Charles J. Langdon. George Worall. Stephen T. Arnot Charles Tidd. DeBruce Goodell. Jesse L. Cooley. 1 ^ 1876-77. MAYOR— ROBERT T. TURNER. CLERK— URIAH S. LOWE. CITY ATTORNEY— JOHN T. DAVIDSON. ALDERMEN. First Ward- William Pagett, Second Ward— Charles J. Langdon, Third Ward— George Worrall, Fourth Ward— Stephen T.' Arnot, Fifth Ward— Charles Tidd, Sixth Ward— DeBruee Goodell, Seventh Ward— Jesse L. Cooley, Oliver C. Engsbury. Levi Davis. William JefTers. William Sullivan. John Laidlaw. Granville D. Parsons. George Peters. 1877-78. . MAYOR— ROBERT T. TURNER. CLERK— MAURICE S. DECKER. CITY ATTORNEY— JOHN T. DAVIDSON. ALDERMEN. First Ward— Oliver C. Kingsbury, Second Ward — Levi Davis, Third Ward— William Jeffers, Fourth Ward — William Sullivan, Fifth Ward— John liaidlaw, Sixth Ward — ^Granville D. Parsons, Seventh Ward— George Peters, William Pagett. Patrick J. Lee. James S. Thurston. Stephen T. Arnot. Valentine Miller. Edward Wiseman. George R. C. Holbert. 1878-79. MAYOR— GRANVILLE D. PARSONS. CLERK— MAURICE S. DECKER. CITY ATTORNEY— E. F. BABCOOK. ALDERMEN. First Ward— William Pagett. Second Ward — Patrick J. Lee, Third Ward-^am6s S. Thurston, Fourth Ward— Stephen T. Arnot, Fifth Ward— Valentine Miller, Sixth Ward — Edward Wiseman, Seventh Ward — ^^George R. C. Holbert, Robert R. R. Dumars. John Clark. Wilbur F. Wentz. Lawrence Hogan. John Laidlaw. Jacob Mortimer. James E. Lockwood. 1879-80. . MAYOR— GRANVILLE D. JP ARSONS. CLERK— THOMAS SPENCE. CITY ATTORNEY— JAMES WRIGHT. ALDERMEN. First Ward — ^Robert R. R. Dumars, Second Ward — John Clark, Third Ward— Wilbur F. Wentz, Fourth Ward — Lawrence Hogan, Fifth Ward — John Laidlaw, Sixth Ward — Jacob Mortimer, .Seventh Ward — James E. Lockwood, William Moffat. John Mathews." Alonzo D. Symonds Stephen T. Arnot. Justus H. Harris. Edward Wiseman. Bertram Yenger. 1880-81. MAYOR— ALEXANDER DIVEN. CLEEli;— THOMAS SPEOSTCE. CITY ATTORNEY— E. C. VAN DUZER. ALDERMEN. First Ward- William Moffat, Second Ward — John Mathews,' Third Ward— A. D. Symonds, Fourth Ward— Stephen T. Arnot, Fifth Ward— J. H. Harris, Sixth Ward — Edward Wiseman, Seventh Ward — ^Bertram Yenger, R. R. R. Dumars. William Walsh. David B. Hill. John Haupt. Christopher Eustace. Edward Hughes. George Oliver. 1881-82. MAYOR— ALEXANDER DIVEN. CLERK— THOMAS SPENCE. CITY ATTORNEY— E. C. VAN DUZER. ALDERMEN. First Ward— R. R. R. Dumars, Second Ward- — ^William Walsh, Third Ward— David B. Hill, Fourth Ward — John Haupt, Fifth Ward — Christopher Eustace, Sixth Ward — Edward Hughes, Seventh Ward — George Oliver, George R. Hannon. A. F. Norton. George Worrall. Stephen T. Arnot. J. H. Harris. J. W. Hillabrant. Bertram Yenger. 1882-83. MAYOR— DAVm B. HIIX. CLERK— THOMAS SPENCE. CITY ATTORNEY— CHARLES A. COLLIN. ALDERMEN. First Ward — George R. Hannon, Second Ward — A. F. Norton, Third Ward — ^George Worrall, Fourth Ward- Stephen T. Arnot, Fifth Ward— J. H. Harris, Sixth Ward— J. W. Hillabrant, Seventh Ward — Bertram Yenger, William R. Rathbun. William Walsh. S. il. Laney. Thomas S. Flood. James Walker. Benjamin Williams. Solon H. Brooks. 1883-84. MAYOR— STEP'HEN T. ARNOT. CLERK— THOMAS SPENCE. CITY ATTORNEY— S. S. TAYLOR. ALDERMEN. First Ward— William R. Rathbun. Second Ward— William Walsh, Third Ward— S. H. Laney, Fourth Ward— Thomas S. Flood, Fifth Ward — James Walker, Sixth Ward — ^Benjamin Williams, Seventh Ward — Solon H. Brooks, Irving D. Booth. Patrick J. Lee. Thomas Gorman. John Haupt. Valentine Miller. Charles S. Davison. William H. Peters. 1884-85. MAYOR— HENRY FLOOD. CLERK— THOMAS SPENCE. CITY ATTORNEY— CHARLES A. COLLIN. ALDERMEiN. First Ward- Irving D. Booth, Second Ward — Patrick .J. Lee, Third Ward — Thomas Gorman, Fourth Ward — John Haupt, Fifth Ward— Valentine MHller, Sixth Ward — Charles S. Davison, Seventh Ward — ^William H. Peters, William R. Rathbun. William Walsh. Fred Schornstheimer. Clayton R. Gerity. Gardiner C. Hibbard. Err Stone. Louis Duhl. 1885-86. MAYOR— HENRY FLOOD. CLERK— THOMAS SPENCE. CITY ATTORNEY— CHARLES A. COLLIN. ALDERMEN. First Ward — Theodore L. Minier, Second Ward — William Walsh, Third Ward — Fred Schornstheimer, Fourth Ward— Clayton R. Gerity, Fifth Ward— Gardiner C. Hibbard, Sixth Ward — Charles S. Davison, Seventh Ward — Louis Duhl, Clay W. Holmes. Willard N. Pratt. Louis G. Rathbun. Leander M. Millspaugh. John Brand. James Powell. Sam J. Hall. 1886-87. MAYOR— JOHN B. STANCHFIELD. CLERK— B. S! CHAMBERLAIN. CITY ATTORNEY— S. S. TAYLOR. ALDERMEN. First Ward— Theodore L. Minier, Second Ward— Willard N. Pratt, Third Ward — Louis G. Rathbun, Fourth Ward— Leander M. Millspaugh, Fifth Ward— John Brand, Sixth Ward— Charles 8. Davison, Seventh Ward— Sam J. Hall, Clay W. Holmes. John T. Gorman. Thomas Gorman. James H. Costello. Valentine Miller. Addison D. Blair. Roe Reilly. 1887-88. MAYOR— JOHN B. STANCHFIELD. CLERK— B. S. CHAMBERLAIN. CITY ATTORNEY— H. H. ROCKWELL. First Ward— Clay W. Holmes, Second Ward— John T. Gorman, Third Ward— Thomas Gorman, Fourth Ward— James H. Costello, Fifth Ward— .Valentine Miller, Sixth Ward— Addison D. Blair, Seventh Ward— Roe Reilly, ALDERMEN. Theodore L. Minier. Martin Ford. Samuel H. Laney. Morris J. Gladke. Dennis Bovier. Charles S. Davison. James E. Lockwood. 1888-89. MAYOR— CHARLIES S. DAVISON. CLERK— B. S. CHAJVUBERLAIN. CITY ATTORNEY— H. H. ROCKWELL. ALDERMEN. First Ward— Theodore L. Minier, Second Ward — Martin Ford. Third Ward — Samuel H. Laney, Fourth Ward— Morris J. Gladke, Fifth Ward — Dennis Bevier, Sisth Ward — Cornelius SuUlivan, Jr., Seventh Ward — James E. Loekwood, Charles L. Blmendorf. John T. Gorman. Thomas Gorman. Florence Sullivan. Daniel Sheehan. Daniel Smith. Roe Reilly. 1889-90. MAYOR— CHARIiES S. DAVISON. CLERK— THOMAS S. SMITH. CITY ATTORNEY— H. H. ROCKWELL. ALDERMEN. Mrst Ward — Cha,rles L. Elmendorf, Second Ward — John I. Nicks, Third Ward — Thomas Gorman, Fourth Ward — Florence Sullivan, Fifth Ward—Daniel Sheehan, Sixth Ward — ^Daniel Smith, Seventh Ward — Roe Reilly, Theodore L. Minier. .lames H. Hogan. Samuel H. Laney. Leander M. Millspaugh. George H. Cotton, Jr. William Lonergan. Thomas Milan. 1890-91. MAYOR— CHARLiES S. DAVISON. CLERK— THOMAS S. SMITH. CITY ATTORNEY— BURTON S. CHAMBERLAIN. ALDERMEN. First Ward — Theodore L. Minier, Second Ward — James H. Hogan, ^ Third Ward — Samuel H. Ilaney, Fourth Ward — Leander M. Millspaugh, Fifth Ward— George H. Cotton, Jr., Sixth Ward — ^William Lonergan, Seventh Ward — Thomas Milan, Thomas A. Pagett. Patrick Murray. Thomas Gorman. Florence Sullivan. Daniel Sheehan. Daniel Smith. Roe Reilly. 1891-92. MAYOR— CHARLES S. DAVISON. CLERK— JOHN J. MALONEY. CITY ATTORNEY— FREDERICK COLLIN. ALDERMEN. First Ward — ^Thomas A. Pagett, Second Ward — ^Patrick Murray, Third Ward — ^Thomas Gorman, Fourth Ward — Florence Sullivan, Fifth Ward— Daniel Sheehan, Sixth Ward — ^Daniel Smith, Seventh Ward — Roe Reilly, Ford R. Knapp. James H. Hogan. John Daly. Adam Mander, Jr. David C. Robinson. Frank P. Robinson. Thomas Milan. 1892-93. MAYOR— DAVID C. ROBINSON. CLERK— THOMAS S. SMITH. CITY ATTORNEY— J. A. GIBSON. ALDEEMEasr. First Ward— Ford R. Knapp, Second Ward— James H. Hogan, Third Ward — J. Monroe Shoemaker, Fourth Ward — Adam Mander, Jr., Fifth Ward— George Brand, Sixth Ward — Frank P. Robinson, Seventh Ward — Thomas Milan, Thomas A. Pagett. Patrick Hassett. John Dalv. Stephen H. DeWitt. Webster J. Cole. Edward M. Hoffman. Roe Reilly. 1893-94. MAYCiR— DAVID C. ROBINSON. CLERK— THOMAS SPENCE. CITY ATTORNEY— JAMES BACON. ALDERMEN. First Ward — Thomas A. Pagett, Second Ward — Patrick Hassett, Third' Ward — J. Monroe Shoemaker, Fourth Ward- Stephen H. DeWitt, Fifth Ward— Webster J. Cole, Sixth Ward— Edward M. Hoffman, Seventh Ward — Roe Reilly, Daniel T. Pratt. Thomas 0. Shannon. Henry Flood. Andrew J. Watson. Charles F. .Jenkins. John Hathorn. Jesse L. Cooley. 1894-95. MAYOR— FREDERICK COLLIN. CLERK— THOMAS SPENCE. CITY ATTORNEY— JAMES BACON. ALDERMEN. First Ward— Daniel T. Pratt, Second Ward — Thomas 0. Shannon, Third Ward- Henry 'Flood, Fourth Ward — Andrew J. Watson, Fifth Ward— Charles F. Jenkins, Sixth Ward— John Hathorn, Seventh Ward— Jesse L. Cooley, Fred D. Nelson. Patrick Murray. John Deister. Daniel Dempsey. Abram Stoll. Daniel T. Durland. Andrew H. McLean. 1895-96. MAYOR— FREDERICK COLLIN. CLERK— THOMAS SPENCE. CITY ATTORNEY— JOHN G. M'DOWELL. ALDERMEN. First Ward— Fred D. Nelson, SeeoBfl Ward — Patrick Murray, Third Ward— John Deister, Fourth Ward— Daniel Dempsey, Fifth Ward— Abram Stoll, Sixth Ward— Daniel T. Durland, Seventh Ward— Andrew H. McLean, Eighth Ward- Morris Fairbanks, Ninth Ward— Thurlow W. Cleveland William H. Ferguson. Matthew Hogan. H. Marvin Wells. Andrew J. Watson. Timothy J. Connelly. George E. Backer. William P. Wynne. John McNeely. Horace K. Walker. 1896-97. MAYOR— FREDERICK COLLIN. CLERIC— THOMAS SPENCE. CITY ATTORNEY- DENNIS P. LYNCH. ALDERMEN. First Ward— William H. Ferguson, Second Ward — ^Matthew Hogan, Third Ward— H. Marvin Wells, Fourth Ward^Andrew J. Watson, Fifth Ward— Timothy J. Connelly, Sixth Ward — George E. Backer, Seventh Ward— William P. Wynne, Eighth Ward-^ohn McNeely, Ninth Ward — Horace K. Walker, Cornelius B. Mather. Martin Ford. John Deister. Daniel Dempsey. Michael Sullivan. Harry N. Hoffman. James McGuigan. Eber F. Morgan. Thurlow W. Cleveland. 1897-98. MAYOR— FREDERICK COLLIN. CLERK— THOMAS SPENCE. CITY ATTORNEY— DENNIS P. LYNCH. ALDERMEN. First Ward — Cornelius B. Mather, Second Ward — Martin Ford, Third Ward — John Deister. Fourth Ward — Daniel Dempsey, Fifth Ward — ^Michael Sullivan, Sixth Ward — ^Harry N. Hoffman, Seventh Ward — James McGuigan, Eighth, Ward— Eber F. Morgan, Ninth Ward— Thurlow W. Cleveland, William H. Ferguson. Matthew Hogan. Andrew J. Watson. Patrick C. Daly. Benjamin P. Brown. J6hn M. Lucy. Arnold Sutton. George L. Gray. 1898-99. MAYOR— EDGAR DENTON. CLERK— M. H. MURPHY. CITY' ATTORNEY— DENNIS P. LYNCH. ALDERMEN. First Ward — ^William H. Ferguson, Second Ward — Matthew Hogan, Third Ward— H. Marvin Wells, Fourth Ward — Andrew J. Watson, Fifth Ward— Patrick C. Daly, Sixth Ward — Benjamin F. Brown, Seventh Ward — John M. Lucy, Eighth Ward — Arnold Sutton, Ninth Ward — George L. Gray, James A. Causer. Thomas J. Finnell. William H. Miller, Peter Hamilton. Michael T. Cain. James E. Higgins. James McGuigan. Andrew Brink. Nathaniel S. McHenry 1899-00. MAYOR— EDGAH DENTON. CLERK— M. H. MURPHY. CITY ATTORNEY— MICHAEL O'CONNOR. ALDERMEN. First Ward — James A. Causer, Second Ward — Thomas J. Finnell, Third Ward— H. Marvin Wells, Fourth Ward — Peter Hamilton, Fifth Ward— Michael T. Cain. Sixth Ward — James E. Higgins, Seventh Ward — James McGuigan, Eighth Ward — Andrevr Brink, Ninth Ward — Nathaniel S. McHenry, Charles S. Mather. Matthew Hogan. Francis J. Byrne, aark M. Smith. Llewis A. DeWaters. John M. McDowell. John H. Fausnaught. Arnold Sutton. John Friend. 1900-01. MAYOR— FRANK H. FLOOD. CLERK"— G. W. WYCKOFF CITY ATTORNEY— HERBERT M. LOVELL. ALDERMEN. First Ward— Charles S. Mather, Second Ward— Clark M. Smith, Third Ward — Matthew Hogan, Fourth Ward- F. J. Byrne, Fifth Ward— H. E. Copley, Sixth' Ward — J. H. Fausnaught, Serenth Ward — J. M. McDowell, Eighth Ward— S. H. Brooks, Ninth Ward — John Friend, Tenth Ward— Alfred Murray, Eleventh Ward— E. B. Barnes, Twelfth Ward— A. Sutton, J. W. Lunn. Frank W. Weeks. William S. Drew. F. J. McCann. T. F.- Fennell J. McGuigan. T. J. Finnell. J. E. Collins. L. A. DeWaters. F. E. Houts. F. E. Sackett. W. B. Swarts. 1901-02. MAYOR— FRANK. H. FLOOD. CLERK— G. W. WYCKOFF CITY ATTORNEY— THOMAS F. FENNELL. ALDERMEN. First Ward- Charles S. Mather, Second Ward— Clark M. Smith, Third Ward— William S. Drew, Fourth Ward— P. J. McCann, Fifth Ward— H E. Copley. Sixth Ward— J. McGuigan, Seventh Ward— T. J. Finnell, Eighth Ward— S. H. Brooks, Ninth Ward— G. A. Goff, Tenth Ward— F. B. Houts, Eleventh Ward— P. E. Sackett, Twelfth Ward— W. B. Swarts, J. W. Lunn. George F. Sullivan. W. T. Coleman. H. M. Wells. M. S. Kelly. Matthew Hogan. J. E. Collins. Robert H. Walker. John F. Barnett. Thomas Fitzgerald. M. Duke Harris. 1902. MAYOR— DANIEL SHEEHAN. CITY CLERK— M. H. MURPHY. CITY ATTORNEY— CHARLES B. SWARTWOOD. ALDERMEN. First Ward — John W. Lunn, Second Ward — Clark M. Smith, Third Ward— William S. Drew, Fourth Ward — Francia J. MoCann, Fifth Ward— Hovey E. Copley, Sixth Ward — James McGuigan, Seventh Ward — ^Thomas J. Finnell, Eighth Ward— Solon H. Brooks, Ninth Ward— R. H. Walker, Tenth Ward — John Bamett, Eleventh Ward — ^Frank E. Sackett, Twelfth Ward- M. Duke Harris, Charles S. Mather. George F. Sullivan. W. T. Coleman. H. M. Wella. Paul G. Kingston. M. S. Kelly. Matthew Hogan. Ellas Smith. G. A. Goff. Valentine Miller. Thomas Fitzgerald. Grant P. King. 1903. MAYOR— DANIEL SHEEHAN. CLERK- JOHN J. CROWLEY. CITY ATTORNEY— CHARLES B. SWARTWOOD. ALDERMEN. First Ward — John W. Lunn, Second Ward — Clark M. Smith, Third Ward— William S. Drew, Fourth Ward — Francis J. MeCann, Fifth Ward— Hovey E. Copley, Sixth Ward — James McGuigan, Seventh Ward — ^Thomas J. Finnell, Eighth Ward- Solon H. Brooks, Ninth Ward- R. H. Walker, Tenth Ward — ^John Bamett, Eleventh Ward — Frank E. Sackett, Twelfth Ward— M. Duke Harris, Charles S. Mather. George F. Sullivan. W. T. Coleman, H. M. Wells. Paul G. Kingston. M. S. Kelly. Matthew Hogan. Mias Smith. G. A. Goff. Valentino Miller. Thomas Fitzgerald. Grant P. King. 1904. MAYOR— WM. T. COLEMAN. CLERK— ISAAC LEVY. CITY ATTORNEY— 'R. H. THURSTON. ALDERMEN. First Ward — Guy W. Shoemaker, Second Ward — Henry Mander, Third Ward- Daniel E. Pugh, Fourth Ward — Johnson Little, Fifth Ward — Archie M. Bovier, Sixth Ward — ^Mortimer S. Kelly, Seventh Ward — Otis H. Gardner, Eighth Ward — Joseph F. Coleman, Ninth Ward— Gustavus A. Goff, Tenth Ward— Willis C. Daggett, Eleventh Ward — John Cunningham, Twelfth Ward- Michael F. Knerr, Charles B. Mather. Clark M. Smith. William S. Drew. Peter McCann . Paul G. Kingston. James M<;Guigan. Stephen A. Palizay. Elias Smith. Robert H. Walker. 'Frank E. Houts. John E. Dempsey. Benjamin M. Snyder. 1905. MAYOR— WM. T. COLEMAN. GLEEK— ISAAC LEVY. CITY ATTORNEY— R. H. THURSTON. ALDERMEN. First Ward — Charles S. Mather, Second Ward— Clark M. Smith, Third Ward— William S. Drew, Fourth Ward — Peter McCann, Fifth Ward— Paul G. Kingston, Sixth Ward — James McGuigan, Seventh Ward — Stephen A. Palizay, Eighth Ward— Elias Smith, Ninth Ward— Robert H. Walker, Tenth Ward- Frank E. Houts, Eleventh Ward — John E. Dempsey, Twelfth Ward — Benjamin M. Snyder, Guy W. Shoemaker. Henry Mander. Peter Schornstheimer, Jr. Johnson Little. Archie M. Bovier. Mortimer S. Kelly. Otis H. Gardiner. Thomas L. Sexsmith. Gustavus A. Goff. Willis C. Daggett. John Cunningham. Albert G. Miller. 1906. MAYOR— Z. R. BROCKWAY. CLERK— SHERRY A. WARNER. CITY ATTORNEY— JOHN F. MURTAUGH. ALDERMEN. First Ward — Guy W. Shoemaker, Second Ward — Henry Mander, Third Ward — Peter Schornstheimer, Jr. Fourth Ward — Johnson Little, Fifth Ward — Archie M. Bovier, Sixth Ward — Mortimer S. Kelly, Seventh Ward— Otis H. Gardner, Eighth Ward— Thomas L. Sexsmith, Ninth Ward — Gustavus A. Goflf, Tenth Ward— Willis C. Daggett, Eleventh Ward — John Cunningham, Twelfth Ward— Albert G. Miller, J. Max Beers. Clark M. Smith. William M. Ufford. Adam Mander. Paul G. Kingston. John J. McNevin. S. F. Smith. Elias S. Smith. R. H. Walker. Edward Gallivan. John Dempsey. Benjamin N. Snyder. 1907. • MAYOR— Z. R. BROCKWAY. CLERK— SHERRY A. WAKNER. CITY ATTORNEY— JOHN F. MURTAUGH. ALDERMEN. First Ward— J. Max Beers. Second Ward— Clark M. Smith. Third Ward— William M. Ufford. Fourth Ward— Adam Mander. Fifth Ward— Paul G. Kingston. Sixth Ward— John J. McNevin. Seventh Ward— S. F. Smith. Eighth Ward— Elias S. Smith. Ninth Ward— R. H. Walker. Tenth Ward— Edward Gallivan. Eleventh Ward— John Dempsey. Twelfth Ward— Benjamin M. Snyder. Office of The City Clerk. Elmiea, N. Y., Oct. 15, igo6. I hereby certify that the following volume contai ing the city charter and legislative acts relating special to the City of Elmira is printed by authority of t! Common Council of said city, duly given at a me( ing thereof held June 4, 1906. S. A. Warner, City Clerk. TABLE OF CONTENTS. Article I, Boundaries, Civil Divisions and Incorpora- tions of the City Page 4 Article II. City Officers ; Elections ; Appointments ; Va- cancies; Bonds , Page 8. Article III. Common Council Page 16 Article IV. City Officers ; General Powers and Duties Page 23 Article V. Department of Finance Page 31 Article VI. Department of Assessment and Taxation Page 37 Article VII. Department of Highways Page 54 Article VIII. Department of Judiciary; City Court Page 66 IV. Aeticle IX. Department of Judiciary; Eecorder's Court Page 78 Article X. Department of Public Works Page 85 Article XI. Department of Fire Page 101 Article XII. Department of Police Page 116 Article XIII. Department of Public Belief Page 122 Article XIV. Department of Parks Page 124 Article XV. Department of Cemeteries Page 127 Article XVI. Department of Law Page 129 Article XVII. Miscellaneous Provisions Page 131 THE SEVERAL ACTS INCORPORATING THE CITY OF ELMIRA Chapter 52 of the Laws of 1815, entitled "An Act to vest certain powers in the Freeholders and inhabitants of Newtown." Pa,ssed March S, 1815. ( The corporate name under this act was ' ' The Trustees of the Village of Newtown.''''^ Chapter 336 of the Laws of 1828, entitled " An Act to revise and amend ' An Act to vest certain powers in the Freeholders and Inhabitants of Newtown ' passed March 3, 1815." Passed April 21, 1828. {The corporate name under this act and under the following two was '^The Trustees of the Village of Elmira.'") Chapter 155 of the Laws of 1889, entitled "An Act to amend the Charter of the Village of Elmira." Passed April 11, 1839. ( This act repeals all laws theretofore passed relating to the Village of Elinira except the section creating the corporation and the act establishing the boundaries and makes the act incorporating the Village of Geneva, passed May 6, iSjy, with some slight exceptions, the Charter of the Village of Elmira.) VI. Chapter 185 of the Laws of 1850. entitled "An Act to amend the several acts incorporating the Village of Elmira in the County of Chemung." Passed April 6, 1850. Chapter 139 of the Laws of 1864, entitled " An Act to incorporate the City of Elmira." Passed April T, 1864. {The corporate name under this act and under the following three is '■''The City of Elmira.''''^ Chapter 370 of the Laws of 1875, entitled " An Act to amend and consolidate the several acts relating to the City of Elmira." Passed May 17, 1875. Chapter 615 of the Laws of 1894, entitled "An Act to revise the Charter of the City of Elmira." Became a law May 9, 1894. Chapter 477 of the Laws of 1906, entitled "An Act to revise the Charter of the City of Elmira." Became a law May 17, 1906. REVISED CHARTER or THE City of lilnnira WITH THE SEVEPAL ACTS apPLICSBLE TO THE CITY AND OrriCERS THEREOr. cmiRA, N, v.: GHZETTC CO., PRINTERS THE CHARTER OF THE CITY OF EL MIRA Known As Chapter 477 of the Laws of 1906. Became a Law May 17, 1906, With the Approval of the Governor. Passed, Three-fifths Being Present. Accepted by the City. AN ACT to revise the charter of the city of Elmija. The People of the State of New York, represented in Senate and Assembly, do enact as follows • THE CHARTER OF THE CITY OF ELMIRA. Article I. Boundaries; civil divisions; incorporation of city. . (§§ 1-3.) II. City officers; elections; appointments; vacancies; bonds. (§§ 4-19.) III. Common council. ( §§ 20-30.) IV. City officers; general powers and duties. (§§ 31-39.) V. Department of finance. (§§ 40-48.) VI. Department of assessment and taxation. (§§ 49-76.) VII. Department of highways. (§§ 77-100.) VIII. Department of judiciary; city court. (§§ 101-135.) IX. Department of judiciary; recorder's court. (§§ 136-142.) X. Department of public works. (§§ 143-166.) XI. Department of fire. ( §§ 167-185.) XII. Department of police. ( §§ 186-199.) XIII. Department of public relief. ( §§ 200-204.) XIV. Department of parks. (§§ 205-212.) XV. Department of cemeteries. ( §§ 213-218.) XVL Department of law. (§§ 219-223.) XVII. Miscellaneous. ( §§ 224-249.) ARTICLE I. BOUNDARIES; CIVIL DIVISIONS; INCORPORATION OF CITY. Section 1. City boundaries. 2. Ward boundaries. 3. Corporate name; powers. indary of 4 CITY CHARTER Section 1. All that part of the county of Chemung in eluded within the following boundaries shall continue to be and constitute the city of Elmira: Beginning at a stone monument situate two hundred (200) feet west of the cent- er line of Hoffman street and ten (10) feet west of the "Farmers club" sheds and running thence northerly three thousand seven hundred niney-six (3,796) feet to a stone monument situate on lands belonging to the New York state reformatory; thence easterly five thousand eight hundred seven (5,807) feet to a stone monument situate thirty (30) rods southerly from the center line of McOann's boulevard and about two hundred (200) feet easterly from the center line of Grand Central avenue; thence southerly one thousand (1,000) feet on a line parallel with the center line of Grand Central avenue and distant therefrom two hundred (200) feet to a stone monument; thence easterly nine hundred eighty (980) feet to "Diven's ditch," so called, as it leaves the abandoned Chemung canal; thence alo"ng the northerly line of said "ditch" in an easterly direc- tion one thousand three hundred twenty-seven (1,327) feet ; thence southerly one thousand thirty (1030) feet to a large elm tree standing on the west bank of Newtown creek at the mouth of the "ditch;" thence southerly one th9usand one hundred nine (1,109) feet; thence southerly eight hundred sixty-two (862) feet; thence easterly to an iron monument on lands formerly occupied by Samuel Hall, which monument was the northeast corner of the old city boundary; thence southerly nine thousand three hund- red forty-five (9,345) feet to an iron monument on the east side of Tuttle avenue opposite "Arnot's mill," so called, and north of the intersection of Tuttle avenue and Water street- thence in a southeasterly direction to an oak tree standin^i^ in the intersection of Water street and the Baden-Baden road; thence along the westerly side of the Baden-Baden road m a southerly direction three thousand six hundred seventy-six (3,676) feet to a stone monument on the west- erly side of said road; thence westerly three thousand five hundred eleven (3,511) feet to a stone monument near the northwest corner of lands owned by Samuel W. Forman and situate on the center line of Miller street extended east- erly from Maple avenue; thence southerly on a line parallel with Maple avenue and distant two hundred (200) feet east of its easterly Ime, two thousand thirty-four (2 034) feet to a stone monument on the northerly boundary of Edmund S?Zti:T7'u2^^^^^^^^ ^^"'^ thousanVfou 'hund- red torty-two (<,442) feet on a line parallel with the center CITY CHARTER O ne of Miller street and distant two thousand (2,000) feet lerefrom, to a stone monument; thence northerly two lousand six hundred fifty (2,650) feet to the south line of le Catholic cemetary; thence northerly three thousand ne hundred nine (3,109) feet to the south bank of the hemung river; thence westerly one thousand eight hund- sd thirteen (1,813) feet; thence northerly nine thousand ight hundred seventy- two (9,872) feet to a stone monument; tience easterly one thousand six hundred forty-two (1,642) set to the place of beginning; said boundaries being ident- 3al with those designated by chapter one hnudred thirty- ne of the laws of eighteen hundred and ninety, and chap- er six hundred fifteen of the laws of eighteen hundred and inety-four. Sec. 2. The said city shall be divided into twelve wards Number espectively, as follows : "^'''*^' FIRST WARD. All that part of the said city lying north of the center ine of the Chemung river, west of the center line of the nain tracks of the railroad of the New York, Lake Erie and ?Vestern railroad company, and south of the center line of :;hurch street, shall be the first ward. SECOND WARD. All that part of said city lying north of the center line )f the Chemung river, east of the -center line of the main ;racks of the railroad of the New York, Lake Erie and West- ern railroad company, and south of the center line of Church street, shall be the second ward. THIRD WARD. All that part of said city lying north of the center line >f Church street, west of the center line of the main tracks )f the railroad of the New York, Lake Erie and Western •ailroad company, and south of the center line of Clinton street, and the center line thereof contmued, shall be the :hird ward. FOURTH WARD. All that part of said city lying north of the center line ,f Church street, east of the center line of the main tracks )f the railroad of the New York, Lake Ene and Western g CITY CHARTER railroad company, and south of the center line of Fifth street and the center line thereof continued, shall be the fourth ward. FIFTH WARD. All that part of said city lying north of the center line oi Clinton street and the center line thereof continued, and west of the foUowins; designated lines, to wit: the center line of the main tracks of the Erie railroad from Clinton street to the center line of Fifth street, thence west along the center line of Fifth street to the intersection of the center line of Main street, thence north along the center line of Main street to the intersection of the center line of Wash- ington avenue and south of the center of Washington ave- nue and the center line thereof continued, shall be the fifth ward. SIXTH WARD. All that part of said city lying north of the center line of Fifth street and the center line thereof continued and east of the center line of Main street from its intersection *with Fifth street to its intersection with Washington avenue and north of the center line of Washington avenue from its in- tersection with Main street to its intersection with College avenue, and east of the center line of College avenue from its intersection with Washington avenue to its intersection with the center line of Roe avenue and south of the follow- ing designated lines, to wit: the center line of Carpenter street and the center line of its extension easterly, and the center line of Oak street from its intersection with the cent- er line of Carpenter street to its intersection with the center line of Maxwell place, and the center line of Maxwell place and its extension westerly to its intersection with the cent- er line of the main tracks of the Erie railroad, thence north along the center line of the tracks of the Erie railroad to the center line of Roe avenue, thence west along the center line of Roe avenue to the center line of College avenue, shall be the sixth ward. SEVENTH WARD. All that part of said city lying north and west of the following designated lines, to wit: the center line of Wash- ington avenue and the center line thereof continued, the center line of College avenue from its intersection with the center line of Washington avenue north to the center line of CITY CHARTER 7 Roe avenue, the center line of Roe avenue east to the center line of the main tracks of the Erie railroad, north along center line of the tracks of the Erie railroad to the city lim- its, shall be the seventh ward. EIGHTH WARD. All that part of said city lying north of the following designated lines, to wit: the center line of Carpenter street and the center line of its extension easterly, the center line of Oak street from its intersection with the center line of Carpenter street to its intersection with the center line of Maxwell place; the center line of Maxwell place and its ex- tension westerly to the center line of the main tracks of the railroad of the New York, Lake Erie and Western railroad company, and lying east of the center line of the main tracks of the New York, Lake Erie and Western railroad company, shall be the eight ward. NINTH WARD. All that part of said city lying south of the center line of the Chemung river, east of the center line of South Main street, and north of the center line of Pennsylvania avenue from its intersection with the center line of South Main street to its intersection with the center line of West La- France street, the center line of West LaFrance street, the center line of East LaFrance street, the center line of Falck street from its intersection with the center line of East La- France street to its intersection with the center line of Horner street, Horner street and its extension easterly to the center line of the Chemung river, shall be the ninth ward. TENTH WARD. All that part of said city lying south of the center line of the Chemung river, west of the center of South Main street, and north of the center line of Franklin street and Qf the center line of Pennsylvania avenue from its intersection with the center line of Franklin street to its intersection with the center line of South Main street, shall be the tenth ward. ELEVENTH WARD. All that part of said city lying south of the following designated lines to wit: The center line of Pennsylvania avenue from its intersection with the center line of South tne and were 8 CITY CHARTER Main street to its intersection with the center line of West LaFrance street; the center line of West LaFrance street, the center line of East LaFrance street, the center line of Falck street from its intersection with the center line of East LaFrance street to its intersection with the center of Horner street, the center line of Horner street and its ex- tension easterly to the center line of the Ohemung river and lying east of the center line of South Main street, shall be the eleventh ward. TWELFTH WARD. All that part of said city lying south of the center line of Franklin street and the center line of Pennsylvania avenue from its intersection with the center line of Frank- lin street to its intersection with the center line of South Main street, and west of the center line of South Main street, shall be the twelfth ward. rporate Sec. 3. The citizens of this state, from time to time in- habitants within the aforesaid limits, shall be a corporation under the name and style of "the city of Elmira," and in that name may sue and be sued, complain and defend in any court, make and use a common seal, and alter it at pleasure; and may receive by gift, grant, devise, bequest or purchase, and hold and convey such real or personal estate either within or without the city limits as the purposes of the cor- poration may require. All the real estate and personal property now owned or possessed by or held in the name of or in trust for the mayor and common council of the city of Elmira, are hereby vested in the city of Elmira with pow- er to hold or convey the same as the purposes of said cor- poration may require. ARTICLE II. CITY OFFICERS; ELECTIONS; APPOINTMENTS' VACANCIES; BONDS. ' Section 4. City ofiflcers. 5. Elective officers; terms of office. 6. Appointive officers; terms of oflfice. 7. Election districts. 8. Qualifications of voters. 9 Notice of election and canvass of vote. c?unc*if ^ ""^ election; organization of common CITY CHARTER 9 11. Oaths of office. 12. Vacancies. 13. Vacancies. 14. Qnaliflcations for office. 15. Official bonds. 16. Constables bonds. 17. Officer failing to execute bond. 18. Ineligibility to office; mayor, aldermen or city clerk not to be interested in contract. 19. Delivery of papers to successor. Section 4. The officers of said city shall consist of oneomoersof ayor, a recorder, a city judge, four constables, to be elected T the city at large; one alderman and one supervisor to ; elected in each ward; a city clerk, a city chamberlain, a irporation counsel, an overseer of the poor, a city sealer, city physician, three assessors, three cemetery commis- oners, two fire commissioners, two police commissioners, vo park commissioners, two commissioners of public relief, i^o commissioners of public works, one superintendent of iblic works, one engineer and surveyor, and such other ftcers as are hereinafter, or by the general laws of the ate, authorized and provided, and who shall be appointed hereinafter or by said general laws provided. Sec. 5. All elections of city officers, including supervis- Elections s, shall be held on Tuesday succeeding the first Monday in jvember, and, except to fill vacancies, in odd numbered ars, and the term of every such officer shall expire at the d of an odd numbered year. The first election under this t shall be held on the Tuesday next succeeding the first snday of November, nineteen hundred and seven. All ch elections shall be held at the time and at the places ed for the holding of the general election on that day. notice of such election shall be published at least six Notice of ■"- election Qsecutive days next prior thereto in at least two of the incipal daily newspapers printed in said city. There all be chosen thereat by the electors of the city, voting their respective wards and districts, when the term of incumbent is about to expire, one mayor, who shall hold i office for two years; one recorder, who shall hold his Terms of of ice for four years ; one city judge, who shall hold his office ■ four years; four constables, who shall hold their offices two years ; and also by the electors of each ward for such rd, one alderman and one supervisor, who shall hold their ces for two years. The mayor in office when this act :es effect shall hold his office until the thirty-first day 10 CITY CHARTER of December, nineteen hundred and seven, and until his suc- cessor shall have been chosen and qualifies, and at the elec- fyor° °* ion on the first Tuesday succeeding the first Monday in Nov- ember, nineteen hundred and seven, anid every two years thereafter a successor shall be chosen for the term of two years beginning on the first day of January next following. At the aforesaijd election in November, nineteen hundred and seven, and every two years thereafter a successor to pervisors each supervisor in office shall be chosen for the term of two years beginning on the first day of January next following. ierinen The aldemien in office when this act takes effect shall con- tinue in office until the expiration of the terms for which they were elected. The aldermen elected in November, nineteen hundred and four, shall hold their office until De- cember thirty-first, nineteen hundred and six, and on and after Januaiy first, nineteen hundred and seven, there shall be only one alderman for each ward in said city. The alder- men elected in November, nineteen hundred and five, shall hold office until the expiration of the terms for which they were elected, and until their successors shall have been chosen and qualify. At the aforesaid election in November, nineteen hundred and seven, and every two years there- after there shall be chosen for each ward one aldemaan for the term of two years, beginning on the first day of January 7 Judge next following. The city judge in office when this act takes effect shall continue in office nutil the expiration of the term for which he was elected," and until his successor shall have been chosen as provided herein and qualifies. At the election to be held in November, nineteen hundred and seven, and every four years thereafter a city judge shall be elected for the term of four years, beginning on the first day of January next following. The recorder in office when this act takes effect shall continue in office until the expir- ation of the term for which he was elected and until his successor, shall have been chosen and qualifies. At the elec- tion to be held in November, nineteen hundred and nine, corder and every four years thereafter, a recorder shall be elected for the term of four years, beginning on the first day of Jan- uary, next following. The constables in office when this act takes effect shall hold their offices for the term for which they were elected and until their successors shall have been chosen and qualify. At the election to be held in November, nineteen hundred and seven, and every two years thereafter, istabies four coustables shall be chosen for the term of two years beginning on the first day of January next following. CITY CHARTER H Sec. 0. The term of office of the corporation counsel and Terms of o :y sealer shall be two years. The term of office of the city irk shall be during the administration of the mayor nom- ating him, unless he be sooner removed by the common unsel upon the recommendation of the mayor. The term office of the city chamberlain and of each of the assessors all be three years. The city chamberlain in office when city chami is act takes effect shall hold his office until the expiration'*'" the term for which he was appointed and until his succes- r shall have been chosen as in this section provided, and lalifies. At the meeting of the common counsel on the st Monday in January, nineteen hundred and seven, and ery third year thereafter the common council shall ap- lint one city chamberlain for the term of three years. The ty attorney and city sealer in office when this act takes ef- ct shall hold their offices until the expiration of the term r which they were appointed and until their successors ^°S°efS; all have been choseu and qaulify, as in section provided, "ity seaier t the meeting of the common council on the first Monday in Luuary, nineteen hundred and eight, and every second ar thereafter the common council shall appoint one cor- iration couiisel and one city sealer for the term of two ars. The assessors in office when this act takes effect Assessors all hold their offices until the expiration of the terms for tiich they have been appointed and until their successors all have been appointed, as in this section provided, and lalify. At the meeting of the common council on the first onday in January, nineteen hundred and seven, and each ar thereafter the common council shall appoint one asses- r for the term of three years. At the meeting of the com city cierk 3n council on the first Monday in January, nineteen hun- ed and eight, and at the meeting of the common council the first Monday in January next after each election at lich a niayor is elected the common coouncil shall appoint e city clerk to be nominated by the mayor. The city jsician heretofore appointed by the common council shall city physic Id his office until tlie expiration of the term for which he IS appointed and until his successor shall have been chos- and qualifies. At the meeting of the common council on s first Monday in January, nineteen hundred and eight, d every second year thereafter the common council shall point one city physician for the term of two years. All pointive officers shall enter upon the duties of their re- active offices on the day following their appointment and ill hold office for the term in this section provided and til their successors shall have been chosen and qualify. 12 CITY CHARTER Election -districts Sec. 7. The common council shall have authority to sub- divide the several wards into election districts in accordance with the f^eueral election laws; and said districts, when so designated by said council, shall constitute election districts for all general and other elections to be held in said city, unless herein otherwise provided; and all provisions of law applicable to election districts and to the inspectors and other oflficers of election thereof and therein shall apply to said election districts, inspectors and other election officers. Qualification of ^^c. 8. Every inhabitant residing in said city who shall voters at the time and plfice of offering his vote be qualified to vote lor a member of assembly, shall be entitled to vote for all officers to be elected by virtue of this act in the ward and district where he shall be qualified. Sec. 9. The city clerk shall give notice in writing of every election to be held under this act, to the inspectors of election of the several election districts, at least one week before the date of the election. Elections held under this act shall be governed by the general election law of the state where it is not inconsistent with the provisions of this act. Upon the closing of the polls the inspectors shall forthwith without adjournment canvass the votes and shall make and certify statements of the results in the manner re- quired by the general election law of the state. , Separate returns as to^ the city officers voted for shall be filed by the said inspectors in the office of the city clerk within twenty- four hours after the completion of such canvass. Notice of Elections -Canvass of votes Sec. 10. On the Monday next following the election for city officers in each year, the common council shall convene at eight o'clock in the afternoon at their usual place of meeting and the statement of votes filed with the city clerk by the inspectors of election shall be produced by the clerk. The common council shall then forthwith determine, de- certiflcate of clare and certify who were elected at said election to the various offices hereinbefore named, which certificate shall be filed with the city clerk. The mayor and aldermen-elect shall take the oath of office prescribed by the constitution of the state; and shall take office and enter upon the dis- charge of their duties on the first day of January following their election, and the common council shall meet and or ganize on the first Monday in January following their elec- tion at eight o'clock jjost meridian. All city officers elected under this act shall enter upon their respective offices on the first day of January next following their election. Organization of common council CITY CHARTER 13 Sec. 11, The City clerk immediately upon the filing with City clerk to him of the certificate declaring the result of the election, Sfect^r'^™" sfiall notify m writing o\ery person so certified to have been elected of his election. Every person elected to any office under this act before entering on the same, shall take the oath of office prescribed by the constitution of this state oaths of -office before the mayor or some other officer authorized to take affidavits to be read in courts of justice, and file the same with the city clerk, except the mayor, city judge, recorder and city clerk, whose oaths shall be filed with the clerk of Chemung county. Every person so elected except such offi- cer as may be elected to fill a vacancy, and such officer as shall be elected at a special election and whose term of office shall commence within fifteen days after he shall have been elected, who shall refuse and neglect to take and file the said oath of office at least fifteen days before the commencement of the term of office for which he shall have been elected, and. every person so elected and hereinbefore excepted, who shall refuse and neglect to take and file the said oath of office for ten days after personal notice in writ- ing of his election from the clerk, shall forfeit twenty-five dollars far the use of the city, and be deemed to have de- clined the office. Sec. 12. If at any election authorized by this act, a may- gpecjaieiec- or, alderman, supervisor, city judge or city recorder, shall t'°n'ofl" not have been chosen by reason of a tie vote or for any other reason, a special election to fill such office shall within ten days from such election be ordered by the common council, which election shall be held before the first day of January following the election in which such failure oc- curred. Notice of such election shall be given and such elec- tion shall be held in the manner prescribed in this act and the election law. A vacancy in the office of the mayor shall be filled by special election for the remainder of the term to be ordered by the common council, unless such vacancj' shall occur during the last six months of the term for which such mayor was elected, in which case, the common council shall appoint one of their number to preside at their meet- ing; and the person thus chosen shall be vested with all the powers and perform all the duties of the mayor during the vacancy. Notice of a special election to fill a vacancy in the office of mayor shall be given and such election shall be held in the manner prescribed in this act and in the elec- tion law. If any vacancy shall occur in the office of alder- om^ot Sder- man or supervisor, the common council shall appoint a qaali- ^or^"*^ ^"p®''" fied elector of the same ward to fill the office until the next 14 CITY CHARTER recorder general election; at which time, an alderman or supervisor shall be elected to fill the office for the remainder of the unexpired term, except that when such term would end on December thirty-first following the vacancy, no election to fill such vacancy shall be held. But the person appointed to fill such vacancy by the common council shall continue €ity judge and to fill the office f Or the balance of the unexpired term. Jf any vacancy shall occur in the office of city judge or record- er, such vacancy shall be filled by the acting city judge (jr acting recorder until the next general election, at which time a city judge or recorder shall be elected to fill the (jffice for the remainder of the term. But if the vacancy ocdurs in the last year of the city judge's or recorder's term, the vacancy shall be filled for the remainder of the unexpired term by the acting city judge or acting recorder. All offic- ers elected by any special election, or by the common coun cil under the provisions of this section, shall enter upon the duties of their offices immediately; except that when such election is liad by rea,s()7i of a tie vote the term shall com- mence at the expiration of the term of the predecessor of the officer so elected. Vacancy in ether elective Sec. 13. If a vacancy shall happen in any other elective office, the common council shall fill the same by appointment until the next annual election, when the residue of the term of office, if there shall be any unexpired, of the officer whose term shall have become vacant, shall be filled by some per- son to be elected to such office for the residue of such term, according to the provisions of this act. Ior*offlra"°°^ Sec. 14. No property qualification shall be required to hold an office under this act, but every person elected or appointed to any office hereby created or authorized, except- ing the office of stenographer and clerk of the city court and members and officers of the department of public relief, shall be an elector and a resident of the city, except as herein ' otherwise provided, and no person shall be elected an alder- man or supervisor of any ward unless he shall also be at the time of such election, a resident of such ward; and if such officer shall remove out of said ward during his term of office he shall be deemed thereby to have vacated his office, and the removal from the city of any officer elected or ap- pointed under this act shall render the office held by him vacant from the time of such removal. Bonds Sec. 15. The recorder, city judge, clerk of the city court, superintendent of public works and such other officers as CITY CHARTER 15 may be required thereto by the common council, shall sever- ally, before they enter, upon their duties as such officers, ex- ecute and file with the clerk a bond to the city of Elmira in such sum as the council shall direct, and with such sure- ties as the mayor shall approve conditioned that they will faithfully discharge the duties of their respective offices, and pay over all moneys received by them respectively. Sec. 16. Every person elected or appointed to the office go^we's of constable in said city, shall, before he enters upon the duties of his office, execute with at least two sureties, or cor- porate surety, to be approved by the mayor an undertaking or bond, which shall be acknowledged in the same manner as deeds are required to be acknowledged by law, and filed with the city clerk of said city, in and by which the said constable and his sureties shall jointly and severally agree to pay to each and every person, who may be entitled there- to, all such sums of money as said constable may become liable to pay, by reason of or on account of any execution, warrant or other process, which shall have been delivered to him for collection or execution; and also pay each and every person the amount of any damages which such per- son or persons may sustain by reason of any act or thing done or neglected to be done by such constable by virtue of his office. A copy of said instrument, certified by the clerk of said city, under the seal thereof, shall be presumptive evi- dence in all courts of the execution thereof by said con- stable and his sureties. Sec. 17. If any officer who shall be required by any of the provisions of this act, or by any ordinance of the common council, to execute any bond or other instrument, before or after entering upon his office, shall fail to execute the same in the manner prescribed by this, act, or by any such ordinance, within ten days after he shall have been duly notified to do so, the common council may declare his office vacant, and proceed to cause the same to be filled in the manner provided in this act in case of vacancies in office.. Str. IS. No member of the common council shall be who. j,°««g'bie appointed or hold any other city office or appointment, nor shall any person holding an appointment or office under the federal or state government, or under any general law of the stjite, be eligible to sny city office. And any office under the city government held by a person holding an office or appointment under the federal or state government, or by reason of any general law of the state, shall be deemed vacant; and the acceptance of a second city office by any per- 16 CITY CHARTEK son shall be deemed to vacate the first or former city office, for the purpose of choosing a successor thereto. This section shall not apply to. the ( ffices of notary public or commission- Sldin ooS-*"^' er of deeds. No member of the common council, nor shall *'""' the mayor or city clerk be in any manner, directly or in- directly, interested in any contract to which the city shall be a party, and such contract in which any such of&cer shall be or become interested, shall thereby and thereupon be- come void. Sec. 19. If any person having been in office in said city, shall not, within ten days after notification and request, deliver to his successor in office all property, papers and ef- fects of every description in his possession or under his con- trol, belonging to said city, or appertaining to the office so held he shall forfeit and pay to the use of said city, one hun- dred dollars, besides all damages caused by his neglect or refusal so to deliver. Delivery of papers ARTICLE III. COMMON COUNCIL. Section 20. Constitution of common council; meetings. 21. Quorum. 22. Stated and special meetings. 23. Rules of common council. 24. Power to summon witnesses. 25. Accounts, how presented. 26. Power to pass ordinances. 27. Power to pass resolutions for certain purposes. 28. Violation of ordinances. 29. Ordinances may be read in evidence. 30. Ordinances, when to take effect. Section 20. The mayor and aldermen of the city shall constitute the common council thereof. The common coun- cil shall naeet at the city hall or at such other place as the oommon coun- mayor shall designate, annually, on the first Monday in Jan- Seettag"* uary of each year, and at such other times as hereinafter provided. At all meetings of the common council the mayor, when present, shall preside, and when he is not present, any one of the aldermen may be called to the chair. Sec. 21. A majority of the common council, including the mayor as a member thereof, shall be a quorum for the transaction of business, but a smaller number may adjourn Mayor to preside Quorum CITY CHARTER IT from time to time and compel the attendance of absent members. In the proceedings thereof, each member present shall have a vote, except the mayor, who shall have ©nly a casting vote when the votes of the other members are tied; provided, however, that no tax or assessment shall be when mayor made or ordered, or any appointment to office be made, or ""^^ ^°*® any ordinance passed or amended, except by a concurring vote of a majority Qf all the members of the common council in office, including the mayor, who shall be entitled to vote thereon as a member of the council. Sec. 22. The common council shall hold stated meetings stated at least twice in each month, and the mayor, or any three '"^^''''s* aldermen, may call special meetings by notice, in writing, served personally upon the other members of the council or left at their usual place of abode. Sec. 23. The common council shall determine the rules of its oAvn proceedings and be the judge of the election and qualification of its own members, and have power to compel powers of com- the attendance of absent members from time to time by the "'°'i'=°™<=" entry of a resolution and order in the minutes, directing the chief oif police, or any police officer of the city, to arrest such absent member and take him before the common ooancil, at the meeting at which such member was absent, or the next or some silbsequent meeting of the council, to answer fo/ his neglect; to prescribe the duties of all the officers and per- sons elected or appointed by them to any office or place whatever, subject to the provisions of this act; and to re- move all officers and persons appointed or elected by them for any neglect of duty or misconduct; and to revoke or cause to be revoked any license or permission given under this act. Sec. 24. The conLmon council or any committee thereof or any board or body of commissioners, created or authorized by ^h'e provisions of this act shall have power to issa-o a sum- mons to any person to appear and testify before thein in re- power to smn- '' ■■• 1 o j< J X j.i,««, nioii witnesses sppct to any matte? pending before or referred to them. Suf h summons may be served ai any place within the county of Chemung, in the game manner as subpoenas for witnesses in criminal cases. Any person who shall refuse to attend m obedience to any such summons may be arrested by order or attachment, which may be issued by the mayor or re- corder upon due proof of the service of such summons and of such refusal and committed to the county jail or other place of detention until he appear and will testify as re- 18 CITY CHARTER quired. Such witness so refusing to attend may also be fined and imprisoned for disobedience of sucli summons by the mayor or recorder in the same manner and to the same extent as witnesses refusing to attend in obedience to a subpoena duly issued by a justice of the peace. Whenever any person summoned as a witness as hereinbefore pro- vided shall refuse to be sworn or to affirm, or to answer any pertinent and proper question, the mayor or person presid- ing at the hearing may forthwith commit such person to the county jail or other proper place of detention for a period not exceeding twenty days, or until he will be sworn or affirmed or answer such question. Such commitment shall be made by warrant directed to the sheriff of the county or other officer having such place of detention in charge, and shall recite the cause of such commitment, and the officer shall keep such person in close confinement as directed thereby. Accounts Sec. 25. All accounts against the city, and all accounts owpresene ^^^ gervices rendered or moneys expended by any officer within the said city, which would be charges and accounts against a town if they were rendered and expended by the officers thereof, shall be presented to the city clerk, and the same shall be referred to a standing committee of said andfliance commou couucil, to be called auditing and finance com- committee mittee. It shall be the duty of said committee to inquire or examine into said accounts, and it may send for persons and papers, and may. examine the claimant on oath in respect thereto. The said committee shall report the matters re- ferred to it to the common council, either favorably or ad- versely, with its reasons if required, and the said common council shall then hear, examine and determine the same as a board of town auditors, and for that purpose shall possess the powers and be subject to the duties of town auditors. Control of Soc. 26. The common council shall have the management p?o*perty^°'^ and control of the finances, and of all the property, real and personal, belonging to said corporation, and shall have power within said city to make, establish, publish and orctinaiices,&c. modify, amend and repeal ordinances, rules, regulations and by-laws for the following purposes : Vice and B. To prevent vice and immorality, to preserve peace mimoraiity ^^^ g^^^ Order, to prevent and quell riots and disorderly assemblages. Disorderly and ^- To restrain and suppress disorderly and gaming gaming bouses j^Quses, all instruments and devices used for gaming, and to CITY CHARTER 19 prohibit all gaming and. fraudulent devices within the said city. c. To prohibit all exhibitions of any natural or artificial to prohibit curiosities, caravans, circuses, theatrical and other shows ^'''"'''"™^ or exhibitions or performances for money, within the bounds of the city, or, if the common council shall deem it advisable, to license the same upon such terms as the common council may direct. d. To repress and restrain disorderly houses, houses of Disorderly ill-fame, billiard tables, bowling alleys, pistol galleries, and '""'"^ houses and places where intoxicating liquors are sold to be drank, and to prohibit the sale of intoxicating liquors with- out license, or contrary to law. e. To direct the location of all houses for storing gun- Gunpowder powder and other combustile and explosive substances, and to regulate the keeping, selling and conveyance thereof, and the use of candles and lights in bams, stables and out- buildings. f. To prevent horse racing and immoderate driving in immoderate the streets of said city; to prohibit or control the flying of ractoy*"* kites, and every other game, practice or amusement in the public street or elsewhere, having a tendency to frighten teams and horses, or to injure or annoy persons passing in or along the highways or streets of the city or to endanger property. g. To prohibit, regulate and determine the time and Bathing places for bathing in the canals, river, and in streams or ponds within said city. h. To restrain or punish vagrants, mendicants, street vagrants, beggars and common prostitutes. beggars i. To establish and regulate public pounds, and to ap- Pounds point all necessary poundmasters and to prescribe their duties. j. To restrain the running at large of cattle, horses, Animais run- swine, sheep, goats and geese, and to authorise the distrain- """^ *' '^''^^ ing, impounding and sale of the same for the penalty incur- red, and the costs of keeping and proceedings. k. To pr,event or regulate the ringing or tolling of bells, Eingingotbeiis blowing of horns, or crying of goods or wares, firing of guns, powder or other explosive compounds, and the making of any improper noise which may tend to disturb the peace of the city; and the sale and use of firecrackers, rockets, squibs or other explosive compounds. 1. To make regulations for taxing and confining dogs, Dogs and for destroying such as may be found running at large, 20 CITY CHARTER Eeservoirs, hy- drants, Stc. Hawking, ped- dling, pawn- broking, and auctions Catimen,hacks, etc., licensing of Stage diivers Obstruction of streets by locomotives Gates at crossings City chamber- lain bond Shade and or- namental trees contrary to any ordinance, and to regulate or restrain their running at large. m. To regulate and keep in repair the reservoirs, hydrants and water pipes belonging to the city, and the pub- lic wells in said city, and to regulate the taking and using of water from the same; to regulate and keep in repair the pub- lic buildings of said city; and to regulate the sales of fish, meat and vegetables within said city; to regulate or prohibit the making or keeping of markets for the sale of meat or fish, except at such places as the common council shall designate, and to regulate or prohibit the erection, keeping or using of slaughter-houses within said city. n. To regulate and restrain hawking and peddling in the streets, and to regulate, tax and license pawnbrokers and auctioneers, and the sale of goods at auction, and the vending and sale of goods in the city. 0. To license and regulate cabmen, the drivers of hack- ney carriages, stages, omnibuses or other conveyances for the transportation of passengers within the city; to fix their rates of compensation, and to require them to have licenses and numbers. p. To regulate runners, stage drivers and others in soliciting passengers and others to travel or ride in any stage, omnibus, or upon any railroad, or to go to any hotel or otherwise. q. To regulate, restrain or prevent the unnecessary ob- struction of streets by locomotives and other cars, and to regulate the speed of locomotives and otliers cars iu said city; and to require railroad companies to erect gates at the streets in said city, where said railroad shall cross said streets, and to compel the employment by them of com- petent men to attend the same; and to make regulations for the managcimeut tiiortof, and in case such gates shall not be ordered, then to compel the employment of competent flagmen at such crossings as the council may direct. r. To fix the amount, and decide upon the sufficiency of the sureties in the official bond of the city chamberlain a,nd other oificers from whom they may require surety; and to require additional security from any such officer when they may deem it necessary, and to suspend him until it is given. s. To regulate the planting of shade and ornamental trees along the streets and sidewalks of said city, and to prevent the injury or destruction of such trees; and to pre- vent the injury or defacement of fences, posts and buildings in said city; and to protect the parks and public grounds of said city. CITY CHARTER 21 t. To regulate the burial of the dead, and to protect the Buriaiofdead public cemeteries. u. To cause building and other structures encroaching Encroachments on or extending over the streets or watercourses to be re- °°^'^^® moved at the expense of the owners or occupants thereof, to make such expense of removal a lien on the lot, and to issue warrants against any such owner or occupant to collect the necessary expenses of such removal, as assess- ments and taxes are collected. V. To permit building material to be deposited on the Buiwins ma. streets in front of any lot, to such extent and for such time rf"*'' '^^^°^'* as they may prescribe. w. To give names to streets, and numbers to the lots Naming streets and tenements, and to change the same. X. To employ an attorney and counsel when the busi- May employ ness of the council requires one, and to pay him a reasonable ^'*°™®'' compensation. y. To do all such acts and to make all such ordinances implied power as shall be necesssary to carry into effect any general power, or discharge any duty conferred or imposed by this act, al- though such acts or ordinances may not be specially enumer- ated herein. z. To authorize and regulate the lighting of the Lighting ot streets, highways, lanes and public buildings of said city, '*''^^**' ^'°- and the protection anH safety of the public lamps, lamp- posts, service pipes and fixtures; to assess and collect from the real and personal estate within the city the amount re- quired for the expenses thereof. , z2. To regulate the selling, weighing and measuring of weightsand hay, wood, coal and coke and all other articles sold by weight or measure; to require dealers to keep honest v.'eights and measures. z3. And such other and further ordinances not ihcon- General powers sistent with the laws of the state as shall be deemed ex- pedient for the government of the city and the manage- ment of its business, for the preservation of good order, peace and health, for the safety and welfare of its mhabi- tants, for the protection and security of their property and the benefit of trade. Sec. 27. The common council shall also have power by resolution. a. To require any building, fence, sign, or other erec- To,r^move^^ tion which is or mav be erected, or built, or placed withm ■ • the lihe of any street or highway in the city, or over any sidewalk thereof, to be removed therefrom by the owner or 22 CITY CHARTER occupant; and in case of his neglect to so remove the same, to cause its removal at the expense of such owner or occupant. Walls of l3- I'o compel the owners or occupants of any wall or buildings, etc. ijiiiiiiiiig vvithin the city, which may be in a ruinous nr un- safe condition, to render the same safe or to take down or remove the same, and to prohibit such erection. Ordinances, c. To require the immediate enforcement of any or all enforcement of jjj ^^^ Ordinances and regulations which may from time to time be adopted by the council. Reports, etc. d. To require any officer of the city to furnish reports, information or estimates, whenever deemed proper by the council. Designation e. To designate one or more newspapers in the city in of newspapers -^^^jijch shall be published proceedings, notices, resolutions, ordinances or acts of the comnion council. To make f- To enter into contracts for services or supplies and contracts order the payment of the same, and to provide generally for the welfare of the city. Page to com- S- To appoint a page to the common council, and to fix mon council j^^g salary and duties. Violation Sec. 28. Any person violating an ordinance of the com- of ordinances j^qjj couucil shall be guilty of a misdemeanor and the com- mon council may provide by a general ordinance, or in any ordinance, that any person guilty of such violation shall be Penalties liable to fine which shall not exceed one hundred and fifty dollars in amount, or to imprisonment not exceeding one hundred and fifty, days, or to pay the city a penalty not ex- ceeding five hundred dollars to be recovered in a'civil action, or to both fine and imprisonment. The city may maintain an action in a court of competent jurisdiction to restrain by ihjuhction the violation of any ordinance of tlie common council or of the comnlissiohers in charge of the health de« partmeht, notwithstanding that an ordinance may provide a penalty for its violation. ordinances,etc. ^G^^. 29. Every ordinance or by-law imposing any ^iJenM^^^^pt^iifilty or forfeiture for a violation, and all by-laws and ordinances of the common council may be read in evidence in all courts, and in all proceedings before any officer, body or board in which it shall be necessary to refer thereto, either from a copy certified by the clerk with the corporate seal affixed, or from the volume of ordinances printed by au- thority of the cohimon council, and such volume containin"- the printed certificates of the city clerk, that the same was CITY CHARTER 23 printed by authority of tlie common council of said city, sLall he presumptive evidence that said volume was printed by such authority. Sec. 30. The common council shall have power to make, continue, modify and repeal such ordinances, regulation,^ and by-laws as may be necessary to carry into full effect any and all the powers conferred upon it by this act. Every or- dinance or by-law imposing any penalty or forfeiture for vio- lation of its provisions, shall after the passage thereof, take effect at such times as the common council shall direct, and shall be published at least twice in each week for two sue- Publication of cessive weeks in the official paper printed and published in °"''°"'"=®^ said city, and an affidavit thereof made by the printer or pub- lisher, or foreman in the office of the printer of such news- paper, shall be filed in the office of the city clerk, and shall be presumptive evidence in all courts and places of the legal publication and promulgation of such ordinance or by-law. ARTICLE IV. CITY OFFICERS; GENERAL POWERS AND DUTIES. Section 31. Mayor ; power and duties. 32. Estimates of mayor. 33. Duties of aldermen. 34. Supcvvisors. 35. Supei'visors, a board of auditors. 36. Audits by city supervisors. 37. Duties of city physician. 38. Duties of city sealer. 39. Duties of city clerk. Section 31. The mayor of the city of Elmira shall be the chief executive officer thereof, and shall, when present, pre- ^. ^ side at all meetings of the common council. It shall be his mayor duty to take care that within said city the laws of the state and ordinances and by-laws passed by the common council be faithfuUly executed, and to arrest or cause the arrest of all persons violating the same, and to exercise a constant supervision over the conduct of all subordinate officers, to receive and examine all complaints against them for mis- conduct or neglect of duty, and to report the facts to the common council; to recommend to the common council, from time to time, such measures as he shall deem necessary or expedient for them to adopt ; to cause to be carried out all orders, resolutions and ordinances resolved upon by the 24 CITY CHARTER common council, and in general to maintain the peace and Veto gQojj order of said city. It shall be his duty to approve or disapprove all bills, orders, resolutions and ordinances or acts which shall have passed the common council; and if he approves, he shall endorse his approval thereon in writing and sign such approval, and if he disapproves, he shall re- turn such transcript to the common council or the clerk thereof with his objection in writing, which shall be filed with the clerk, and the common council shall at its next meeting thereafter proceed to reconsider such bills, resolu- tions, orders, ordinances or acts thus disapproved; and if the same shall be passed by two-thirds of all the members of the common council then in office, the same shall have full force and effect, notwithstanding the objection of the mayor. If any such transcript shall not be returned by the mayor to the common council or clerk within five days after the pass- age thereof, Sundays excepted, such ordinance, resolution, bill, order or act shall have full force and effect in like man- ner as if duly approved by the mayor, unless the term of office of the mayor shall expire within five days, in which case such Order, resolution, bill, ordinance or act shall have no force. When a bill, order, ordinance, resolution or act for the payment of money op otherwise contains several items, or embraces more than one distinct subject the mayor may approve the provisions relating to one or more items or one or more subjects and disapprove the others. In such case those items or subjects which he shall approve shall become effective, and those which he shall not approve shall be reconsidered by the common council and shall only become effective if again passed by it as above provided; and the fdregoing provision in reference to approval and dis- approval and failure to return any ordinance or resolution within five days after the receipt of the same, shall be ap- plicable to and govern such cases. The mayor shall have ag^gf officers power Summarily to hear, try and determine any complaint against any appointive officers of said city for misconduct or neglect of duty, and to suspend said officer until the next meeting of the conimon council. He shall also have power summarily to revoke any license of any hackman, cartman or for the exhibition of any show. The mayor of the city May suspend or may hear in a summary way, any complaint for any viola- annui license ^j^^g ^f ^^^ j^^g ^f ^^^ ^^^^^^ ^^ ^f ^^^ Ordinances of the common council, against any person to whom a license of any description may have been granted in pursuance of this act, and may compel the attendance of witnesses on the hearing of such complaint, in the same manner as justice of CITY CHARTER 25 the peace in the trial of civil causes, and on such hearing may annul such license or suspend the same for any certain time. Every determination on such complaint shall be forthwith flled with the city clerk, who shall serve a certified copy thereof on the person holding the license affected by «uch determination, either personally or by leaving the same at his or her usual place of abode or business, and from the time of such service such license shall be deemed to be an- nulled or suspended according to the tenor of such deter- mination, until the same shall be reversed by the common <;ouncil. At least twenty-four hours' notice of the time and place of hearing such complaint shall be served on the per- son complained of, and such person may appeal from the ■determination of the mayor within forty-eight hours after the same shall have beeen made to the common council, by ^filing his appeal with the clerk and stating the grounds thereof, and said common council shall have power to re- verse or affirm the same, but such appeal shall not suspend or in any manner affect such determination until the de- cision of the common council thereon. The mayor shall to sign sign all appointments made by the common council, and all iPPointmentB, orders passed by the common council for the payment of money by the city chamberlain, and shall on behalf of the «ity, sign all deeds and contracts made by it, and shall cause to be affixed thereto the city seal of which he shall have the custody. The mayor shall have authority at all times to ■examine the books and papers of any officer, employee or May examine department of the city, and as often as he may deem proper, ao<=o"°ts to appoint one or more competent persons to examine, with- out notice, the accounts of any city officer or department, and the money, securities and property belonging to the city in the possession or charge of any officer or department, and to report the result of such examination ; and he may admin- ister oaths to witnesses and take affidavits in all oases re- lating to the affairs of the city. The mayor shall have power to employ an attorney to aid him in the discharge of May employ his duties, whenever, in his opinion, the interests of the ='"°"'*J' city require it, who shall be paid a reasonable compensation. He shall have power to appoint a mayor's clerk and pre- Mayor's cierk scribe his duties, and fix his compensation. He may call special meetings of the common council, and shall appoint Appointment all standing committees of the common council. He is also comm^ftera empowered to enter any house or building which he has cause to suspect to be a gambling house, or to be inhabited by persons of ill fame, or to which persons of dissolute, idle or disorderly character resort, and disperse the same, or ar- 26 CITY CHAETER rest such persons, and hold them until they can be dealt with before some proper magistrate according to law. He shall have power to administer oaths and take affidavits and to take proof and acknowledgement of deeds within said city and receive therefor the same fees that are allowed justices of the peace for the same services. In case the mayor shall be unable to perform the duties of his office, in consequence of sickness, disability or continued absence ^Jjf/°°™^ggfrom the city, or if there shall be a vacancy in the office, the etc. common council shall, except as otherwise provided in this act, appoint, by ballot, one of their number, to preside at their meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of the mayor of the city, until the mayor shall resume his office, or the vacancy shall be supplied according to law, but it shall not be lawful for the presiding officer thus chosen, when acting as mayor, to nominate or appoint any person to office unless the sickness, disability or absence of the mayor General power shall have coutiuued at least sixty days. The mayor of the city of Elmira shall possess all the power and authority conferred upon mayors of cities by any general statue of the state ; he shall have power to apprehend and arrest any per- son who shall within his view in said city, be guilty of any criminal act, or of any violation of the laws or statutes of this state; he may also upon complaint being made to him under oath, issue a warrant to the chief of police or any police officer of the city of Elmira to arrest any person charged with crime or misdemeanor, or with any violation of any of the laws or statutes of said state within said city, and bring such person for examination or trial either before him, the said mayor, or before the recorder or acting re- corder. Any such warrant may be executed by any officer to whom it is directed at any place within the state. If such process shall be made returnable before the recorder, such officer, upon the same being returned to him, or the prisoner arrested by virtue thereof, being brought before him, shall take and acquire jurisdiction of the subject mat- ter and proceed with the case to the same extent and in the same manner in all respects as if such process had been originally issued by him. Whenever any person shall be arrested by the mayor of said city for an offense committed within his view, or by process originally returnable before him, he may, by an order in writing, transfer the case to the recorder, who shall thereupon take and acquire jurisdiction and proceed with such case in the same manner and to the same extent as if such person had been arrested on such CITY CHARTER 27 process originally issued by him, or the said mayor may in such case proceed to examine such person and commit him for trial to answer the charge against him or discharge him according to law. If the offense charged is by law triable in a court of special sessions of the peace, the mayor may Mayor's court proceed to hold a mayor's court of special sessions to try such person or persons, and all provisions of law applicable to courts of special sessions shall extend and apply to such mayor's court. All process for the summoning of jurors or witnesses in such court may be served or executed by the chief of police, or any constable or police officer of said city. The mayor shall receive the sum of fifteen hundred dollars per year for his services. Sec. 32. It shall be the duty of the mayor within forty- Mayor to mate five days after the commencement of each fiscal year to ''''""^'* present to the common council a statement in writing con- taining an estimate of the amounts or sums of money neces- sary to be raised for defraying the expenses of the city for the current fiscal year. Such statement shall contain: a. An estimate of the sum necessary for defraying the General fund salaries and pay of officers other than officers and employees in the fire, police and park departments, and other con- tingent expenses of the city not otherwise provided for, to be designated "general fund." This estimate for the "gen- eral fund" shall show (1) the probable amount needed for the purposes in this paragarph mentioned ; (2) the probable amount of revenue that will become available for said pur- poses from sources other than the general municipal tax levy; and (3) the probable deficit in such revenue, as com- pared with the total amount so needed, which deficit will be the sum to be levied for this fund in the city tax. The item first above mentioned and marked (1) when corrected and adopted by the common council at the time and in the manner provided by this act shall be the sum allotted to the "general fund;" and the incurring any debts, expenses or lia- bilities in excess of said item shall subject the offender or offenders to the penalties and liabilities provided in section forty-seven of this act; and said item (1) as so corrected and adopted shall be deemed the estimate of the "general fund" within the provisions of section forty-seven of this act. b. A sum necessary to defray the expenses of the Poucecund police department, including the salaries of the officers of said department, to be designated "police fund." c. A sum necessary for lighting the streets, lanes and Lamp fund public buildings of the city, and the costs and expenses of 28 CITY CHARTER Street fund Bridge and watercourse fund Sewer fund Park fund Fire depart- ment fund Limitation •of expenses Balances Bonds and interest Aldermen to at- tend meetings maintaining and keeping in repair the lamps, lampposts, and all necessary fixtures connected therewith, to be designated "lamp fund." d. A sum necessary for building, grading, repairing, cleaning and keeping in good. order the unpaved streets, for cleaning paved streets, for cleaning, repairing and building crosswalks, for putting down superficial macadam, and cleaning and repairing the same, to be designated "street fund." e. A sum necessary to defray the expenses of building, rebuilding and repairing bridges, culverts, sluice-ways, and for cleaning out creeks and water-courses, to be designated "bridge and watercourse fund." f. A sum necessary to defray the expenses of construct- ing, repairing, and keeping in order the sewers, to be desig- nated "sewer fund." g. A sum necessary for maintaining and improving the public parks and the property belonging therein, to be designated "park fund." h. A sum necesssary for supplying and keeping in good condition and repair fire engines, engine houses, fire alarm telegraph, teams and other things, deemed necessary for the extinguishment of fires and for paying the salaries and wages of the officers and employees of the fire department, and to procure a supply of water for the extinguishment of fires, to be designated "fire department fund." Provided, that for all the purposes in this section above stated, the said estimate exclusive of indirect revenue and the sum voted therefor in pursuance of section fifty-one of this act, shall not exceed one hundred and seventy-five thousand dol- lars. In case there remain any unexpended balance of the appropriation made for any of said funds for the previous year, the mayor shall show in his said estimate (1) the prob- able total amount needed for the purposes of any such fund; (2) the amount of any such unexpended balance as above mentioned; and (3) the difference between items (1) and (2) being the amount necessary to be levied in the city tax. i. A sufficient sum to pay interest on all bonds issued by said city, or for which it may be liable, and also all the principal and installments of principal of said bonds falling due within the then current year, and for all other liabilities of said city for the payment of which provision shall not be otherwise made. Sec. 33. It shall be the duty of every alderman in said CITY CHARTER 29 city to atjtend tlie regular and special meetings of the com- mon council; to act upon committees when thereunto ap- pointed by the mayor or common council; to arrrest or cause to. be arrested all persons violating the laws of the state, or to arrest per- ' the ordinances, by-laws or police regulations of the city; to lawirito'"^ report to the mayor all subordinate officers who are guilty of any official misconduct or neglect of duty, and to aid in maintaining peace and good order, and to perform or assist in performing all such duties as are by this act enjoined upon the aldermen of said city separately, or upon the com- mon council thereof. Eyery alderman of such city shall posssess such powers as are conferred by any general law upon aldermen in cities. Any three aldermen of said city May cau special may call special meetings of the common council in the '"^^^'^s' same manner as the mayor in writing, signed by them and filed with the city clerk and duly served upon each member of the common council. Each alderman shall receive the salary sum of one hundred dollars per year for his services. Sec. 34. The supervisors provided for by this act shall powers of have the same powers and duties as supervisors in any town superviflors in the county of Chemung, except as otherwise provided by this act ; and the said supervisors shall be members of the board of supervisors of the county of Chemung, and shall be entitled to the same compensation and be paid in the same manner. Sec. 35. The supervisors of the city of Elmira, or a ma- iTamA jority of them, shall constitute a board of auditors, whose duty it shall be to audit all accounts chargeable to said city, which are by law required to be placed in the county tax levy. The accounts, when audited as above, shall be paid by the chamberlain of the city of Elmira out of the money appropriated by the board of supervisors of the county for that purpose, and the vouchers shall remain in the office of said chamberlain. Sec. 36. All charges and accounts against said city for ^^"^^^ services rendered, acts done or means furnished under or by the department of public relief, the health department of the city of Elmira, the salary and expenses of the city phy- sician, and the costs and expenses of the general election in each year shall be audited by the said supervisors of said city in the same manner as similar accounts are audited in the several towns of Chemung county by the respective town boards, and be placed in the county tax levy, and all ac- counts properly chargeable against the county of Chemung shall be audited by the bqard of supervisors of said county in the same manner as the accounts of towns and town offi- 30 CITY CHARTER Meetings City physician Salary City sealer, duties ol Duties of city cierk cers are by them audited and allowed. For the purpose of auditing said accounts the board of auditors may meet once in each month in the city clerk's oflSce in the city of Elmira, New York. Sec. 37. It shall be the duty of the city physician to at- tend the members of the police and fire department in case of injury or illness sustained or incurred by them and caused by or resulting from the performance of their duties in such departments, when directed so to do by the mayor or any police or fire commissioner, and also to attend any indigent person when directed to do so by the mayor or overseer of the poor. The said city physician shall receive an annual salary or compensation to be fixed by the common council. Sec. 38. The city sealer within the city, shall have the powers and perform the duties of town sealers of weights and measures under the general laws of the state, and shall supei-vise the weighing of coal and perform such othei: duties as may be prescribed by the ordinances of the com- mon council. He shall receive an annual salary of such amount as may be fixed by the i-ommon council, payable monthly. Sec. 39. The city clerk shall keep all papers, books and records belonging to said city, appertaining to the duties of his office ; he shall act as clerk of the common council, of the mayor, of such commissions as he may be assigned by the mayor and shall act as clerk of the finance committee, and shall attend all meetings of the common council and of said committee; he shall countersign all orders drawn on the city chamberlain, and all licenses granted by the mayor and common council, and keep a correct record thereof; he shall keep an exact account of all moneys drawn on the city chamberlain in a book or books to be provided for that pur- pose by the city, and upon what funds such moneys shall have been drawn, a correct account of the several moneys of the diiferent funds required to be raised by the common council for the current year and report to said common council at the first regular meeting held in each month, a correct statement of the amount of money drawn from each fund, and the amount remaining therein; he shall also re- port to the city chamberlain on the first of each month a detailed account or statement of all orders drawn on said chamberlain the previous month, giving number, name, and to whom payable, upon what fund drawn, for what pur- pose, and the amount. His office is hereby declared a town clerk's office for the purpose of depositing and filing therein CITY CHARTER 31 all books and papers required by law to be filed in the town clerk's office, and he shall possess all the powers, and dis- charge all the duties of a town clerk, except so far as the same is inconsistent with other provisions of this act. He shall have the same power to administer oaths, and take affi- davits and acknowledgements within said city that justices of the peace have, for the purposes of the city, or for any officer or agent acting for the city, without any fee or charge therefor. The clerk shall receive an annual salary of such salary ot cierk amount as may be fixed by the common council payable monthly; and he shall not receive from the city or from any person or persons any fee or reward for any service as clerk, except as hereinbefore provided, and except that when cer- tified copies of papers or records are required by any per- son or party except the city, he shall be entitled to ten cents a folio therefor, if required to make or write the copies himself; but any other person shall have the right to take copies of any records or papers of the corporation for evi- dence. He shall have an office to be provided by the city, °i^^®°^""y at the city ball, or such other place as may be designated by the common council, which he shall keep open for the transaction of business of the city, between the hours of nine o'clock and twelve o'clock in the forenoon, and two o'clock to five o'clock in the afternoon of each day, except Sundays and public holidays. ARTICLE V. DEPARTMENT OF FINANCE. Section 40. Duties of city chamberlain. 41. Salary of city chamberlain. 42. Fiscal year; report of chamberlain. 43. Designation of city depository. 44. Bond of city chamberlain. 45. Books and report of city chamberlain. 46. Settlement of accounts by chamberlain. 47. Officers, boards, and departments governed by estimates ; power to borrow. 48. General provisions; transfer of funds. Section 40. The chamberlain of the city of Elmira shall Duti6|of^ttr continue to be the head of the finance department, and shall be appointed at the time and in the manner hereinbefore provided. He shall be the collector of all taxes and assess- ments in said city, and shall be the treasurer thereof to re- ceive and keep all moneys belonging thereto, to be paid 32 CITY CHARTER 8alaiy Office ot Fiscal year Beport therefrom only in accordance with law. He shall be sub- ject to the liabilities and obligations prescribed by law for town collectors and county treasurers so far as consistent with and subject to the provisions of this act. It shall be his duty to receive all state, county and city taxes and as- sessments taxed or assesssed upon real or personal property in the city of Elmira, upon all assessments and warrants*, which shall, from time to time, be delivered to him according to law. All moneys received or paid out for the city shall pass through the hands of the chamberlain, and the com- mon council of the city of Elmira shall appoint no other person than the chamberlain to receive or disburse the same. The chamberlain shall retain in his office all assessment rolls delivered to him. He shall be ex officio a notary public for the county of Chemung. Sec. 41. The chamberlain shall receive an annual salaiy of two thousand dollars. He shall be allowed a sum not to exceed twelve hundred dollars per annum for clerk hire to be fixed by the finance committee of the common council, to be paid monthly. He shall not receive for his benefit or use any other compensation in fees, allowances, percentages or perquisites of any name or kind whatsoever, excepting that he shall be entitled to charge for and receive the fee for making lists and returns for uncollected state and county tax assessments or levies, and shall also be entitled to the fees for conducting the city tax sales. All interest and per- centages received by him on the collection of taxes as here- inafter provided, together with all interest received for bal- ance of city deposits, and all other fees or charges except as herein provided, shall be paid into the city treasury for the use of the city of Elmira, and credited to the general fund account. The office of the city chamberlain shall be kept in such place in such city, and open at such hours, as shall from time to time by ordinance or resolution of the common council, be assigned for that purpose. Sec. 42. The fiscal year of the city shall commence on the first day of January and it shall be the duty of the chamberlain to present td the common council, on the third Monday in January, in each year, a printed report for the preceding fiscal year, showing in detail the debt of the city, when payable, and the provisions for paying the principal and interest, its receipts and expenditures, the actual cost of maintaining the city government and keeping its property in repair, and also an estimate of the expenditures for the ensuing fiscal year and the means from which such expend- CITY CHARTER 33 itures are to be paid, and also such other information and suggestions in relation to the affairs of the city as he may deem proper. Snch report shall be referred to the finance committee before approval by the common council. Sec. 43. It shall be the duty of the city chamberlain to Deposit deposit to the credit of the city of Elmira, once in each day, °' """"^^ all the moneys in his hands, except one hundred dollars or less, in snch banking corporation or trust company as shall be designated by a majority of the common council at its first regular meeting during the month of January in each year, or as soon thereafter as may be, such designation to be made from such banking corporations or trust companies as will pay the highest rate of interest for the ensuing year, on all daily balances standing to the credit of the city, in- terest to be credited to the city on the first of each month. Propositions for such deposits to be made in writing, in a proposals for sealed envelope, addressed to the mayor or common council, '"''' ^^p"^'** and shall be opened at the first regular meeting of the com- mon council after its organization each year. The banking corporation or trust company so designated shall give a bond to the city of Elmira, with two or more sureties, and in such form and sufficiency and for such time as shall be approved by the county judge of Ohemung county as se- curity for such deposits and interests; and when so deposit- ed it shall be drawn only upon the check or warrant of the Money ; city chamberlain, in person, or, in case of his inability on ac- ^""^ ^^^ count of sickness or otherwise, then by any other person ap- pointed in writing by said chamberlain, or on an order of the common council signed by the mayor and clerk thereof; such clerk or warrant shall specify for what purpose the amount therein named is to be paid. Sec. 44. The chamberlain shall, at the commencement Bond of of his term of office, and the expiration of each year there- "hambenain after during said term, give a bond to the corporation, in such sum as it may designate, with at least two sufficient sureties, to be approved by the common council of the city of Elmira, conditioned for the faithful performance of the duties of his office as prescribed by the laws of the state, or the ordinances or resolutions of the common council, and also conditioned to pay into the city treasury all such sums of money as shall come into his hands, or his deputies ap- pointed by him, for taxes or otherwise, including the per- centage for collecting and interest on deposits, which bonds shall be renewed, with other or additional names as secur- ity, as often as the common council shall direct, such re- 3 34 CITY CHARTER newal bond to be approved as aforesaid; and in the event of his omitting to give bonds as required by this act, for ten days after his election as chamberlain, or after the time for giving a new bond, or after the common council shall require such bond or bonds to be renewed, with other or additional names as security, and after he shall have been served with notice of such requirements, the offlce of chamberlain of the city of Elmira may thereupon be declared vacant by the com Bondtobeflied^o^ couucil. The clerk of the common council shall, within ide'Jk^o&ce ^^^ ^^y^ after the approval of such bonds, file the same, with a certificate of approbation by the common council indorsed thereon, in the office of the clerk of the county of Chemung, who shall make an entry thereof in a book to be provided for that purpose, in the same manner in which judgments are entered of record; and every such bond shall be a lien upon all the real estate held by the chamberlain and his sureties, or either or any of them jointly or severally, within the county at the time of the filing thereof, arid shall con- tinue to be such lien until its conditions together with all costs and charges which may accrue by the prosecution thereof, shall be fully satisfied. Whenever a new bond, duly approved by the common council, shall be given by said chamberlain, then apy former bond given by him sha,li be canceled in manner following: The common council shall direct the mayor to execute and acknowledge a satisfaction of such former bond, and when such satisfaction is filed with the clerk of Chemung county, he shall cancel such bond of record in the same manner as town collector's bonds are now satisfied of record. Books; Sec. 45. The said chamberlain shall keep a set of books, keep ^^'^" *° containing all the transactions of his office, and all the mon- eys received and disbursed; he shall enter in suitable books, to be kept by him for that purpose, the sums received by him for taxes, and the names of the parties respectively on whose account the same were paid; the amount added to the taxes, and the time when the same were paid; and it shall be the duty of the chamberlain to report to the common Monthly report council at its first meeting in each month the amount re- ceived by him for taxes and from all other sources, together with the amount paid out by him during the preceding month, and a statement showing the balance to each ac- count; it shall be the duty of the chamberlain, from time to time, to enter into a column upon the assessment-rolls in his possession, opposite the names of the persons mentioned therein, and who shall pay their tax as aforesaid to the said CITY CHARTER 35 chamberlain, the fact of such payment. He shall also keep orders on city an accurate account of all orders' drawn on the city treasury '"*^"™'' in a book to be provided for that purpose, which shall be open to the inspection of any elector of the city, at all rea:s- onable hours. He shall also keep such other book or books, and make such other report or reports as thecommon coun- cil may from time to time require. Sec. 46. It shall be the duty of the chamberlain to ex- Examination amine and adjust and settle all accounts in which the cor- of accounte*"* poration is concerned, either as debtor or creditor, in cases where provision for the settlement thereof shall have been made by law or ordinance, and the settlement of which is not specially committed to some other authority, and in so doing to examine any person or persons he may think proper under oath, to be administered by him, of or concerning any such account; and where no such provision or an insufficient provision shall have been made to examine the- claimSj he may, if he thinks proper, examine any person or persons under oath, to be by him administered, in relation to such claim, and to report the facts, with his opinion thereon in writing, to the common council, and it shall not be lawful for the common council to direct the payment of any part of such claim until such report from the chamberlain shall have been made. Nothing in this section contained shall be so construed as to deprive the common council of the power to increase or diminish the amount so audited, ad- justed or settled by the chamberlain. Sec. 47. The several officers, boards and departments oacersi^eto,^^ of the city shall be governed by the estimate adopted by the by estSe common council in pursuance of section fifty-one of this act, and shall not incur any debts, expenses or liability, either in excess or independent of the several sums respectively alloted to them. The city shall have the power to borrow Power to money with which to pay the debts and expenses of the city within the estimate, provided for in section fifty-one of this act, in anticipation of the receipt of the city taxes, and rev- enues, applicable to such purposes, and the common council may provide for the issuing of certificates of indebtedness, or revenue bonds, to be signed by the mayor and city clerk, and countersigned by the city chamberlain for such pur- pose; and such certificates or bonds shall be paid out of the moneys received as such taxes, and revenues applicable to such purposes. It shall not be lawful for the city or any no expenm- officer, board or department thereof, to expend or contract tract in excess to be expended, or to incur any liability in the current fiscal Sema'Sf' 36 CITY CHARTER year for a greater sum than is so estimated for sucli ofllcer, board or department, and so provided for by the common council in the final estimate and tax levy of such year as aforesaid. It shall not be lawful for any oflScer, board or department of the city to make or enter into and contract for work, labor or services, or the hiring of employees, or for the purpose of any supplies^ materials or apparatus, or the making of improvements or repairs, which, by the terms of such contract involves an expenditure of money or lia- bility therefor, which after taking into account the expend- itures and liabilities already made or incurred, shall be in excess of the amount which has been estimated and allowed to such officer, board or department in the final estimate adopted by the common council for the current fiscal year in which such contract shall be made. Any contract, verbal or written, made in violation of this section shall be null and void as to the city and no moneys belonging to the city shall be' paid thereon, but any member or members of the common council or any member of the board or department voting to authorize any such expenditure, or to contract any Personal such. debt, shall be jointly and severally personally liable offlcerfete. to each and every person entitled to payment, and the city of Elmira shall not be liable to pay the same. This section shall not prevent the making of contracts for light or water, for periods exceeding one year. Any officer, or any member of any board or department of the city wilfully making or voting for any contract prohibited by this section, or audit- ing or paying any accounts or claims thereunder, shall be a SsdeSeanor *^^^™^*^ guilty of a misdemeauor, and upon conviction shall be punished by a fine or imprisonment, or by both, in the discretion of the court before which sucli conviction shall be ha tion may be given personally or in the manner required by ^°^^'^«" law in respect to notices of nonacceptance or nonpayment of notes or bills of exchange; and a notarial certificate thereof shall be presumptive evidence of the fact of such notice. Such certificate may be recorded in the oflSce of the clerk of Chemung county in the same manner and with the same effect as is by law prescribed in respect to deeds or other evidences to title of real estate. Sec. 64. The term "mortgagee" as used in this act, shall Terms -mort. be construed to include assignee, whose assignment shall be ^pfroLTer- duly recorded and personal representatives; and the term **""*'* "purchaser" shall be construed to include assignee and real or personal representatives as the case may be. Sec. 65. The clerk of Chemung county, when thereunto county cierk to requested by the owner of any certificate or declaration of when^to*"'^' sale, issued under this act, shall search and certify the title of and incumbrances upon the real estate therein described, and shall be entitled to receive therefor the fees authorized by law for searches in like cases. Sec. 66. The common council are hereby restricted, ex- common coun- cept as herein otherwise provided, in making appropriations"'''"^^"''''*®'' for and on account of the expenses of the city to the sums that are or may be authorized to be raised therefor by this act or by any future acts of the legislature. Sec. 67. Any property exempt from taxation by the property general laws of this state, and all property belonging to the taSl'™™ city, shall be exempt from taxation, but such property may be assessed and taxed for local improvements. Sec. 68. Whenever any corporation or person shall re- fuse or neglect to pay any tax or assessihent, duly assessed according to any of the provisions of this act against any such person or corporation the same may be collected by Tax or assess^ action in the name of the city against such person or corpor- SZ'ctet'bs* ation, but such action shall not operate to release any lien *'=''°" upon property for such tax, until the judgment rendered in such action shall have been fully settled. Sec. 69. Whenever any tax or assessment exceeding ten dollars in amount has been or at any time heretofore, or 50 CITY CHARTER hereafter is levied or assessed by, or by order of the common council, against a person, firm, estate or corporation, and has been or is returned by a collector uncollected for want of goods and chattels, out of which to collect the same, the mayor or corporation counsel of said city may apply on affi- davit stating the facts aforesaid to the county judge of Che- mung county, and obtain an order requiring such firm, per- son, estate or corporation to appear before such county judge, or before a referee named in such order and answer «u lement- Concerning his, their or ifs property. The same proceedings ary proceed- may, in all respects, be had as in cases of proceedings sup- "*^* plementary to execution against property under the code of civil procedure, and the same costs and disbursements may be allowed against the person, firm, estate or corporation examined concerning his, their or its property, but none shall be allowed in his, their or its favor. The tax if collect- ed, shall be paid over to the city chamberlain, and the costs collected shall belong to the party instituting the proceed- ings, and shall be applied by him to the payment of the ex- penses of such proceeding. And the proceedings taken un- der this section shall conform in all other respects to the course of proceedings provided for in said code of civil pro- cedure in relation to such supplementary proceedings.. Notice to joint Sec. 70. Whenever any real estate in said city shall be tenants, etc. Q-^^rned by two or more persons, jointly or as tenants in com- mon, a notice served on one of such persons shall be suffi- cient notice to all for any purpose requiring a notice under this act. Sec. 71. All taxes or appropriations made or voted by the electors of the city of Elmira for any special purpose, be- fore this act shall take effect and not levied, raised and col- speciaitax,eto. l^cted, Shall be levied, raised and collected in the same man- coiTeoted*** ^""^ ^^^ ^^^^ spccial taxes are directed to be raised hereby, as if the same had been voted as special taxes at an election held pursuant hereto. Saordta ^^^* ^^* Whenever the common council shall be of ^he purposes Opinion that the interests of said city require the expenuj.j.ed ou Or in frout of any lot of land in said city, in re- moving or abating any nuisance, as in this act provided, the amount of said expenses shall be fixed by the common coun- cil by resolution after three days' notice to the owner or owners of said premises, and entered in their minutes kept by the clerk, and notice thereof shall then be given to such owner by delivering a statement of the amount of said ex- pense to him, or by leaving the same at his residence with some person of suitable age and discretion, directed to him, how given ^^ such uotice may be given by depositing the same in the postofflce of said city, properly directed to him, at Elmira, or wherever his residence may be, and paying the postage thereon. If such owner shall not be known to the said common council, and cannot be ascertained by inquiring on the said premises, such notice may be given to the occupant of the premises, or by publishing the same for a week in the official paper of the city. In case such owner shall not pay said expenses to the city chamberlain of the city within three days after service or publication of such notice, the teSoroTb ^^^6 ™^y ^^ collected by action, or the common council *ctton or war- may issue a warrant to the chamberlain, directing him to collect the same of the personal property of such owner if known, within said city, with five per centum fees on the sum collected; and said chamberlain, for such purposes, shall have all the power and authority of collectors of towns, and to return said warrant within thirty days after its receipt by him, with his return thereon. If said chamberlain shall fail to so collect the same, and shall make return that he is unable to find any personal property belonging to the per- son against whom said warrant was issued, from which he could collect the sum required to be collected, or the whole thereof (if he shall have collected, part), with fees or in case the owner of said premises shall not be known, or cannot be ascertained, by inquiry on the premises the said common council shall employ and direct the corporation counsel to |a^i6j.o£ real advertise and sell said premises to satisfy the amount of said expenses so incurred, with seven per centum interest from the time they were so incurred, and all the expenses of collection. The corporation counsel shall proceed to ad- vertise and sell said premises to collect and satisfy said CITY CHARTER 57 costs, charges and expenses in the manner prescribed in this act for the sale or leasing of real estate for the collection of taxes; and all provisions of this act respecting the sale of real estate for taxes shall apply to sales and proceedings tinder this section as far as the same are applicable thereto. Sec. 80. Whenever the common council shall intend to intention to lay out, alter, widen, contract or discontinue any street, e1&°OT a^u^e lane, alley or highway, and the lands of any person, or cor- '*""* poration or any right or easement therein will be necessary for that purpose; and whenever the common council shall intend to acquire lands, rights or easements therein for any •other corporate purpose mentioned in this act, it shall de- clare by resolution its intention to take and appropriate the said property for the proposed improvement, and there- after it may purchase the land or right or easement therein, council may •deemed necessary, of the owner or owners thereof, and mnke ^"^ *^® *" him or them such compensation as it may judge reasonable, upon receiving from such owner or owners a conveyance thereof to the city. Sec. 81. In case the common council is unable to agree with the owner or owners for the purchase of any real estate or lands, or right or easement therein required for the purpose aforesaid, or in case it does not consider the ex- pense of the same should be borne by the city at large, the said common council shall have the right to acquire title to Hpw titie^may the same in the manner and by the special proceedings pre- «*«<5"'™ scribed in this act; and for that purpose shall cause the same to be surveyed and monuments placed showing the survey and lines thereof, and a map of said street, lane, alley, high- °'ap*<'»'«™» « way or other improvement desired shall be made and filed in the office of the city clerk, and of the county clerk of Che- mung county, showing upon such maps the lots, tracts and parcels of land and right of easement therein, which are deemed necessary to be taken, and the commencement, course and termination of the street, lane, alley, highway, or park proposed to be laid out, widened, extended or altered, or of the sewer or other work of improvement proposed to be made in or through the lands so to be taken. And for that purpose the common council and those acting by its direc- tion shall have power to enter upon any grounds in said city. And the common council may also direct the corporation counsel to take proceedings provided for in this act, for the acquirement of the lands, rights or easements specified m such survey and maps. 58 CITY CHARTER Notice to be published What notice to specify Consent of Sec. 82. No Street, lane, alley or liighway shall be con- ^^uirlk"'''™ tracted or discontinued by the authority of the city without the consent in writing of two-thirds of all the persons own- ing lands adjoining such street, lane, alley or highway pro- posed to be contracted or discontinued. Sec. 83. The common council or the corporation counsel by its direction shall, after the filing of the map as herein- before provided, cause to be published for ten days in a daily newspaper, published in said city, a notice briefly specifying and describing the lands or the right or easement therein desired or deemed necessary for such improvement, and where the map showing a more particular description there- of is filed and that an application will be made to the coun- ty court of Chemung county, either at a regularly appointed term or at its chambers, or to a special term of the supreme court in the sixth judicial district for the appointment of three commissioners, who shall be therein named, and shall be residents of said city (and one of whom shall be an attorney and counselor at law of the supreme court of this state), not residing on the street or adjoining the improve- ment to be made or not interested in the lands, rights, ease- ments or buildings sought to be taken or assessed, nor of kin to any owner or occupant thereof, to ascertain and deter- mine the compensation' which the owners, tenants or oc- cupants of such lands and buildings as rights and ease- ments therein desired or persons interested therein, will be entitled for the same, and to ascertain and determine what real estate will be benefited by such improvement and to apportion and assess the same upon the several parcels ol real estate benefited, in proportion, as near as they can, to the benefits resulting to each. The common council shall tobeservedon^^lso, at least ten days before the time named for such ap- owners plicatiou, cause such notice to be served upon each of the owners of the premises, or rights or easements therein to be taken, personally, or by depositing a copy of the same in the postofflce in the city of Elmira in a securely closed postpaid wrapper, and addressed to each of such owners at his last known place of residence, or by posting a copy of said notice in a conspicuous place upon the premises to be taken. At i he time in such notice specified, or at the time to which the application may be adjourned, the said court, upon filing proof by affidavit of the publication and service of said Appointment Hotice, as above provided, shall appoint the three persons stonere™^" named in said notice commissioners, unless objections, in writing, stating the grounds therefor, to the appointment of Notice CITY CHARTER 59 said persons, or eitlier of them, shall be filed with the coiirt, and in that case the court may, in its discretion, ap- point three other qualified residents of said city commission- ers. The court to which application shall have been made, iii^ hereinbefore specified, shall also have power at any^ time, to amend any defect or informality in any of the oourt may special proceedings authorized by this act, including thetMtta.pro^ *', map and notice aforesaid, as may be necessary or proper; or "^^ ""^^ to cause new parties to be served with notice and to direct the manner of service thereof as it deems proper, and also to appoint other commissioners in the place of any who shall die or refuse or neglect to serve or be incapable of serving, and such amendment may be made at any stage of the pro- ceedings, and where the mode or manner of conducting all or any of the proceedings to the confirmation of the report and the assessment by the council are not expressly provid- ed for in this act, the court before whom such proceedings may be pending shall have the power to make all the neces- sary orders and give the proper directions to carry into ef- fect the object and intent of this act; and the practice in practice such cases shall conform, as near as may be, to the ordinary practice in such court; and the power of amendment shall be jfxercised as liberally as is directed to be exercised in and by said court in actions by section seven hundred and twen- ty-three of the code of civil procedure. When any proceed- ing of appraisal shall have been commenced, no change of ownership by voluntary conveyance or other transfer of real estate or right or easement of any person therein, or of the subject matter of the appraisal, shall in any manner affect such proceedings or the easement made thereon, but the same may be carried on and perfected as if such conveyance or transfer had not been made. Sec. 84. The said commissioners so appointed shall, be- oaths of fore entering upon their duties, separately take and g^i^- °°'"°"^'°°®'^ scribe an oath to faithfully and impartially discharge their duties according to the best of their ability. They may summon or cause to be summoned any person in said city to appear and testify as a witness in such proceedings before them. Such summons may be subscribed by such com- witness at- inissioners or either of them and served m the same manner compeiieci as subpoenas in criminal cases. Such witnesses shall not be entitled to fees, and for refusal to appear and testify shall be liable to be attached and to be punished as for a contempt, by the court appointing such commissioners. ^^^.^^ ^^ They shall give public notice by a notice published daily for meeting 60 CITY CHARTER fiv(t days in one of the daily papers published in said city of the time when, and the place where, they will meet to enter upon their duties. The said commissioners, or a majority of them, may adjourn their meeting and continue their meet- ing by adjournment, from time to time, until they shall have tinished their examinations and made and completed their Corporation report. The corporation counsel, or his representatives, resTt^iity '■*^' shall attend and represent the city upon such proceedings. At the time appointed, or at any other time' or times, to which they may adjourn, the commissioners shall proceed to view the lands and premises proposed to be taken and hear the proofs and allegations of the parties, and after the Appraisal of testimony in such cases is closed, they shall appraise the damages damages which the owner or owners or persons interested, or occupants or tenants who may have a leasehold interest ii> the lands, premises or rights or easements therein, to be taken for such public improvement or purpose, if they can be ascertained, will severally sustain by being deprived thereof and the compensation which they shall severally receive therefor. The compensation awarded to any oc- cupant or tenant aforesaid shall be deducted from the dam- ages awarded to the owner or person interested in the land or right or easement therein desired, to which the right of Damages, etc., such occupaut or tcnauts exists. In estimating the dam- ^ages sustained or to be sustained by any owner, person in- terested, occupant or tenant, aforesaid, the commissioners shall take into consideration, the benefits, if any, which said improvement will be to the other land owned by him, or in which he is interested, and deduct the same from his dam- ages. And if such benefit shall exceed the damages, the same shall be so specified in their report. Report of Sec. 85. The said commissioners shall as soon as con- commissioners . . 1 . T_ • J. J J.T_ • T 1 • • J vement, make their report under their hands, or a majority of them, to the common council of said city and file the same together with the evidence and their proceeding taken in the office of the city clerk; in which report they shall de- scribe with all practicable certainty the several pieces or parcels of land, and the premises or rights and easements therein to be taken for such improvement, and the names and residences of the owner or owners as far as can be as- certained, and the amount of damages or compensation, if any, which should be paid to each of said owners and per- sons interested therein, and occupants and tenants. They shall also state in their said repbrt what the whole expense will amount to, including the costs and disbursements of how estimated , CITY CHARTER 61 the proceedings, and whether any, and if any, what part thereof ought to be borne by the city at large, and whether any, and if any, what real estate would be benefited by the improvement requiring the appropriation of said lands, premises, rights and easements, specifying the same in par- cels and describing the same with the names of the owners, if they can be ascertained, and the proportion and amount of benefits which each parcel would receive. The commis- compensation sioners shall each be entitled to the sum of three dollars as their compensation for each day on which they are neces- sarily employed, in addition to all necessary expenses. They > shall be entitled to the services of a clerk or stenographer May employ in taking the minutes of their proceedings, who shall receive "^^^^ therefor a reasonable compensation. Sec. 86. Upon the filing of such report, the common Kiing of report council shall cause to be published in one of the daily news- papers of the city, a notice that the same is on file with the Notice to clerk, and specifying therein the names of the persons and^®^"^"^''®'^ corporations, if known, to whom damages have been award- ed, and the amount awarded to each, also the names of the persons and corporations, if known, whose property have* been charged with benefits and the amount to be assessed against each. The common council shall specify in said no- tice a time not less than six days after the first publication of such notice when it will act upon said report. At the interested per- time assigned, or at such time as the hearing may be ad- heard " * journed to, it shall hear the allegations of all persons inter- ested, and may take proof in relation thereto, from time to time, and shall confirm the report or may set the samec^^^ma^y aside, and refer the matter to the same or new commis- aside report sioners to be appointed by the court as before, who shall thereupon proceed as hereinbefore provided. But the common council may set aside said report and abandon said improvement at any stage of the proceedings before the final confirmation of the report. See. 87. If the report of the commissioners shall be con- firmed, the common council shall make an assessment, as- sessing upon the several parcels of land described in said report, the sum or sums which, as stated in said report, said parcels are or will be benefited by such improvement, re- spectively. Skid parcels of land so assessed shall be de- ^sessments; scribed in said assessments as they are described in the re ' port. The assessment shall be made to resemble in form as * So in original. when and how made 62 CITY CHARTER near as practicable, the city tax assessment roll, and shall be provided with a column in which payments can be enter- ed by the chamberlain. The assessments so made shall be entered in the minutes of the common council, and a copy thereof certified by the clerk, under the seal of the city, shall be delivered to the chamberlain. The assessment so enter- ed or the copy thereof, delivered to the chamberlain, shall be evidence in all courts and places of the assessments there- sumsassesaed in Specified. And all sums so assessed shall be liens on the a lien ^.^^j estate on which they are so assessed from the time such assessments are made, the same as other assessments made pursuant to the provisions of this act. Chamberlain to ^^c. 88. Ou receiving such copy of an assessment roll eS'^'o^ assesl-*^^ Chamberlain shall, without delay, cause notice to be pub- ment lished in the oflftcial newspaper of the city, once each week for three weeks, that such assessment has been made and that a copy thereof has been delivered to him and is in his office, stating the day when the same was delivered to him, and stating also that the sums therein assessed may be paid to him within thirty days after the first publication of said notice. Collection of Sec. 89. In case said assessment, or any of said assess- howmade'^' Hients, shall not be paid to the chamberlain within said thirty days, the common council may collect the same with interest at the rate of seven per centum after the expiration of said thirty days, together with the costs and expenses of collection, by action or by warrant, or sale of the real estate so assessed, in the same manner as other assessments and taxes are allowed to be collected by the provisions of this act, and all the provisions of this act for the collection of taxes shall apply to the collection and proceedings for the collection of such assessments, and the interest and ex- penses of collection which shall not have been paid to the chamberlain within said thirty days, as far as the same can be made applicable. Portion of ex- Sec. 90. In case it shall appear by the report of the Ey°oK^°h'ow'"' commissioners on which the assessment is based, that any paid portion of the expenses of such improvement should be borne by the city, the same shall be paid from the sum rais- ed for highway purposes for the current year, or from the sum raised for contingent and other expenses, as the corn- May be raised mon council shall deem best. If there shall not be suffl- by special tax ^^^jy^ mouey On hand not otherwise appropriated or needed to pay the same, said sum may be assessed, levied and rais- ed by a special tax, as hereinbefore provided in this act. CITY CHARTER 63 Sec. 91. In case the sum raised for any public improve- Excess; how ment by assessment (not by a general tax or by the city at "'""•^^'i large,) shall exceed the cost of the same, such excess shall be refunded in proportion to the amount paid by each. Sec. 92. If the report of the commissioners, as herein when lands provided, is not appealed from in thirty days, as hereinafter '"*''''^*°'''™ provided, or vrhenever such report is finally confirmed, the common council may take the lands and premises and rights and easements specified in the report of such com- missioners as necessary for such improvement on paying the amount of damages or compensation awarded to the owner or..the occupants thereof in such report, less the amount of any assessment made against such owner or occupant for any part of the expenses of such improvements, when such assessment has been made or by depositing the same in some bank in the city of Blmira for his or her use, and sub- ject to his or her order, less such assessment, if any, as afore- said, and thereupon the title to said lands, premises, rights and easements therein so taken shall become vested in said city free from any and all liens and encumbrances of every kind and nature. But no real estate shall be taken or ap- propriated for the opening, widening or altering of any street, lane, alley or highway in the city, or for any other corporate purpose mentioned in this act without the leave or consent of the owner or owners until the compensation reported by the commissioners to be proper be paid as above provided. Nor shall the city become obligated to take any such lands, tenements, rights or easements, nor to pay or deposit such damages therefor, nor shall the owners, occu- pants or other persons having any liens thereupon, acquire any right to such damages nor to be paid therefor until the fijQal confirmation of the report of the commissioners as here- in provided. Upon the final confirmation of the commis- jj^p^^^.^ ^^ j^^ sioner's report, the common council shall direct that a recorded copy of the said report, exclusive of the evidence be record- ed at length in the office of the clerk of the county of Che- mung. Sec. 93. Any person considering himself aggrieved by Appeal by per- any part of such report or assessment may, within thirty =°° '■^s^*^^'^ days after such confirmation, serve upon the mayor of said city a notice of appeal to the supreme court from the report and determination of said commissioners, and shall accom- pany such notice with a bond executed by two or more sure- Bond ties to be approved by the mayor of said city, or the county 64 CITY CHARTER judge of Chemung county, in the penalty of five hundred dollars, and file the same with the city clerk, conditioned for the diligent prosecution of the said appeal and for the- payment of all costs and charges which may be incurred by the said city in resisting the same and defending the said re- port in case the same shall be confirmed. A copy of such notice shall also be served within the same time upon the city clerk of said city. Appeaisus- Scc. 94. The giving of such notice and the giving of such Pf°d proceed- bond shall suspend all further proceedings by the common council in relation to the taking of the lands and tenements which shall be the subject of such notice until decision there- in as hereinafter provided. City, clerk to Sec. 95. The city clerk shall, forthwith, after service report °°^'' °'of such notice upon him, certify to said supreme court a copy of said report of said commissioners with the proceedings and evidence had before them, filed with him by said com- missioners. The copy of such report, proceedings and evi- dence shall be furnished the said clerk for his certificate by the appellant, and another copy so certified by said clerk be served by the appellant upon the city attorney within ten days after such appeal shall have been taken. Hearing of Sec. 96. At any special term of the supreme court held appeal jj^ ^j^g sixth judicial district the said appeal may be brought to hearing before said court upon eight days' notice given to or by said appellant. Action of court Sec. 97. The said court shall consider the said appeal on appeal j^j^^ examine all questions of law or fact that may be in- volved therein and shall give the same a preference over other cases and shall confirm, modify or annul said report as the said court shall deem just. In case of annulling said report the court may direct a rehearing before the same or other commissioners to be appointed by it, and in such case the same proceedings shall be had on such rehearing and for the examination, correction and review of any subsequent otherpanies_ report as herein provided. The said court may direct that .. ..._. ^^^ other party beside said appellant and said city be heard before the decision of such appeal, when it shall appear that such party has any interest to be affected by the determina- tion of said court. The decision of the court, together with a copy of the report and proceedings certified to the court, shall be forthwith filed in the office of the clerk of Chemung county. may be heard Decision CITY CHARTER 66 Sec. 98. Either party affected by the prder of said Appeal to ap- special term may appeal therefrom to the appellate division p""*** '"''^°" of said court within ten days after notice of such order, by serving the notice of appeal in the usual manner of serv- ing notices of appeal in said court, and if a party, other than the city, by giving a bond, conditioned and approved as is provided in section ninety-three of this act. The said ap- peal shall be heard by the appellate division in the same manner as provided in the next preceding section and the decision of said appellate division shall be final and con- clusive. Sec. 99. In case the said report so made shall be con- costs; how ad-> firmed on appeal the appellant and obligors in the ^ond''"'*^'**'"*^*''* given to the city, as hereinbefore provided, shall be liable to pay to the said city the same costs and disbursements as are allowed upon appeal in civil actions made upon a case and exceptions to be adjusted by the clerk of Chemung county. And in case the said report shall be annulled the appellant shall be entitled to the same costs besides his dis- bursements as are allowed the city. And in case the said report shall be corrected or modified the supreme court shall determine, under the circumstances of the case, whether the appellant shall be entitled to his costs and dis- bursements; and if the same are awarded to such appellant they shall be the same as allowed the said city. The costs and disbursements of the appellant, on adjustment by said clerk, shall be paid by the common council of said city as part of the contingent expenses thereof. Sec. 100. Franchises.^ — Every franchise, consent or li- Franchises not cense, and every extension of a franchise, consent or license, ^g^''®^ ^*^ permanently to occupy any portion of any street, avenue, parkway, bridge or highway of the city shall be granted by ordinance passed by the vote of a majority of all the mem- bers of the common council and the approval of the mayor, and for a period not exceeding fifty years. It may provide, however, for a renewal or renewals for a period not exceed- ing in the aggregate twenty-five years, at a valuation and upon terms and conditions to be fixed at the time of any re- newal. No such franchise, consent or license shall be granted or given except upon written application therefor to the common council. The common council before acting upon the application shall give public notice thereof and of the time and place when it will first be considered, which no- tice shall be published daily, except on Sundays, in the three daily newspapers printed in the city having the largest cir- bb CITY CHARTER culation, at the expense of the grantee, for at legist ten days last prior to the time of such hearing. Thirty days at least shall intervene between the application and the passing of the ordinance granting the franchise, consent or license. Every franchise, consent or license shall make adequate pro- vision, by way of forfeiture of the grant or otherwise, to se- cure efficiency of public service at reasonable rates, and the maintenance of the property in good condition throughout the full term of the grant. AETIOLE VIII. DEPAETMENT OF JUDICIARY; OITY COURT. Section 101. City court of ^Imira continued. 102. City judge shall be an attorney. 103. Stenographer of city court. 104. Clerk of city court. 105. Jurisdiction of city court. 106. Summary and bastardy proceedings. 107. Jurisdiction over person of defendant. 108. Judgment, how rendered. f 109. Failure to interpose counter-claim. 110. Counter-claim. 111. Code of civil procedure, certain sections to apply. I'i" 112. Discontinuance of action. "'' 113. Summons and practice. 114. Attorney's authority, how conferred. 115. Adjournments. 116. By whom summons may be served. .;; 117. Pleadings, verification, how made. 118. Rules of practice. 119. Appeals. 120. Defaults. 121. Competency of judge, juror, witnesses. ■: ■ 122. Fees of constables. : ■ 123. Costs and fees. 124. Costs in certain actions. 125. Additional allowance in certain action. 126. Fees of city judge and clerk for use of city. 127. Common council to provide offices and for payment of salaries. 128. City court to remain open during business hours; vacation of city judge; disability of ^''■' city judge. CITY CHARTER 67 129. Salary of city judge. 130. Salary of stenographer. 131. Salary of clerk. 133. Acting city judge. 134. Election of city judge. 135. No person to be elected justice of the peace. Section 101. The court of civil jurisdiction to be called city court and known as the "city court of Elmira," created and estab- lished in and for the city of Elmira by chapter six hundred and fifteen of the laws of eighteen hundred and ninety-four is hereby continued with the powers hereinafter conferred. The city judge shall be the judge of the court. Sec. 102. The city judge shall be an attorney and coun- Quauacations selor of the supreme court of the state of New York and Of °* °'^^ '"*^® not less than four years' standing. Sec. 103. The city judge shall appoint a regular sten- stenographer ographer for said court, who may be removed by him when- ever he shall deem it advisable, and may. engage another stenographer from time to time to serve in the absence of the regular stenographer. The regular stenographer and each occasional stenographer, during the period of his em- ployment as such, shall be an of&cer of the court, and shall, before entering upon the discharge of his duties, subscribe and take the oath of office prescribed by the constitution of this state, and file the same with the city clerk. It shall be the duty of such stenographer to take accurately in short- Duties o* hand the testimony or other proceedings on the trial of cases in said court, unless excused by all the parties thereto with the consent of the court, and to furnish a typewritten copy of the testimony and other proceedings so taken by him in any case in which such testimony and proceedings shall have to be returned to the county court, which type- written copy shall be a part of the return ; and to take down and write out such other matters j)ertalning to the business of the said court as the city judge may designate. He shall Tofumish also furnish to any person asking therefor a typewritten ''°'''''*^'™°"^ copy of any testimony or proceedings of which he shall have taken notes as above provided, at the rate of three cents per folio for each additional copy of the same matter. Sec. 104. The city judge shall also appoint a clerk for oierk of court the city court, who may be either the person appointed stenographer by him, pursuant to the next preceding sec- tion, or any other siiitable person; and the city judge shall CITY CHARTER Duties of have power to remove said clerk whenever it shall in his judgment be advisable. He shall also engage, another clerk, from time to time, to serve in the absence of the clerk. The regular clerk and each occasional clerk, during the period of his employment as such, shall be an officer of the court, and shall before entering upon the discharge of his Oath of office (j^^jgg gubscribe and take the oath of office prescribed by the constitution of this state, and file the same with the city clerk. It shall be his duty to attend upon said court during the time it is by section one hundred and twenty- eight of this act reqiured to be kept open for business, and to keep the dockets and books of account thereof, and to make up the returns to the county court therefrom under the direction of the city judge. He shall have power to take affidavits for use in said court, and to' issue summons and precepts in summary proceedings, subpoenas and execu- tions on judgments duly docketed and final orders in sum- mary proceedings duly entered, and in the absence of the city judge and acting city judge to join issues and adjourn cases. Powers of Jurisdiction Sec. 105. Said court shall have jurisdiction of the fol- lowing actions and proceedings: Action to re- a. Au actiou to recover damages upon or for breach of cover damages ^ coutract, express Or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars. Injury to per- b. An actiou to rccover damages for a personal injury SOD or property^ J, ^_^ injury to property, where the sum claimed does not exceed five hundred dollars. To recover c. An action or proceeding to recover a fine or penalty fines or penal- not exceeding fivc hundred dollars, or to recover one or more fines or penalties for a violation of an ordinance of the city of Elmira, authorized by it, or of the provisions of the other titles of this act where the amount claimed does not exceed five hundred dollars. d. An action upon a bond conditioned for the payment of money, where the sum claimed to be due does not exceed five hundred dollars; the judgment to be rendered for the sum actually due; when the sum secured by the bond is to be paid in instalments, an action may be brought for each in- stalment as it becomes due. e. An action upon a surety bond taken in said court or by any justice of the peace. Action upon bond Surety bond CITY CHARTER 69 /. An action upon a judgment rendered in said court, Action upon or in a court of a justice of the peace, or in a district court ^"^^*'" of the city of New York, or in a justice's court of a city, be- ing a court not of record. g. An action to recover one or more chattels with or to recover without damages, for the taking, withholding, or detention °^''"*'^ thereof, where the value of the chattel or of all the chattels, as stated in the affidavit made on the part of the plaintijGf, does not exceed five hundred dollars. h. To render and enter judgment upon the confession judgment of a defendant or defendants, as prescribed in title six, chai>- bFoT""'^^ ter nineteen of the code of civil procedure, where the sum confessed does not exceed one thousand dollars. i. In an action for damages, for fraud in the sale, pur- Damages for chase or exchange of personal property; if the damages ^^""^ claimed do not exceed five hundred dollars, j. In an action commenced by attachment pursuant to Attachment the provisions of article four of title two of chapter nineteen of the code of civil procedure, if the debt or damages claim- ed do not exceed five hundred dollars. k. In summary proceedings under title two of chapter summary seventeen of the code of civil procedure, to recover posses- p^^^^drngs sion of land and to remove tenants and others therefrom. 1. In actions or proceedings under any statute for the Enforcement enforcement of liens of mechanics and others, where the°"*"^ amount of the lien does not exceed the sum of five hundred dollars, the same proceedings to be had as are provided by law to be had in justice's court. m. In proceedings in cases of bastardy, brought by the Bastardy overseer of the poor of the city of Elmira, or by the superin-^™™* "^^ tendent of the poor of the county of Chemung. n. Tti any other action or civil proceeding of such cliar- «^°|™^y^^ acter that a justice of the peace of a town would have juris- diction thereof wherein the sum sought to be recovered does Mfjt exceed five hundred dollars. But such court cannot Exceptions take cognizance of a civil action in either of the following oases : a. ^Vhere the title to real property comes m question as Tuieto^^^^^^ prescribed in title three of chapter nineteen of the code of civil procetiure. But when such question arises the plead- ings and practice shall be the same as are now provided by law for justice's court in regard thereto. b. When the action is to recover damages for salse im- f^^^ef^^^ prisonment, libel, slander, criminal conversation, seduction or malicious prosecution. 70 CITY CHARTER I/imit of account Against .executor 0. Where, in a matter of account, the sum total of the accounts of both parties, proved to the satisfaction of the court, exceeds one thousand dollars. c'. Where an action is brought against an executor or administrator as such. Summary and bastardy pro- ceedings; how commenced Persons of defendants Sec. 106. Summary proceedings and bastardy pro- ceedings may be commenced by petition addressed either to said judge or to said court, and in said proceedings and in all actions, the jurisdiction of the said judge shall be ex^.T- cised by and in the name of the said court only, and all pro- cesses from said court shall be made returnable thereto by ' its proper title. In the solemnization of marriages, and in all other matters not otherwise by this act provided for, said Power of judge ^'ity J^^^ge Shall have the same powers as justices of the peace in towns now have, and in instances in which a justice of a town is authorized to do any act or exercise any jurisdic- tion iti association with another justice or justices, the said > city judge may do such act or exercise such jurisdiction without associating with him any justice or justices. Sec. 107. Said court shall have the same jurisdiction over the persons of defendants as is now possessed by jus- tices' courts of towns pursuant to the provisions of secti;)n twenty-eight hundred and sixty-nine of the code of civil pro- cedure, and for the purpose' of conferring jurisdiction of the person the said city of Elmira shall be deemed a town and said court a justices' court thereof. Said court is hereby given the power in any action or proceeding of which it has jurisdiction to send its processes and other mandates into any town of the county of Chemung for service or execution and to enforce obedience thereto with like power and au- thority as the county court. Sec. 108. A judgment of said court shall be in all re how^'endeied spects the Same as a judgment rendered by a justice of the peace of towns except as herein provided and all provisions of the code of civil procedure in relation to filing transcripts of such judgments and docketing the same in the office of the clerk of Chemung county, or of any other county, and the effect of such judgment, when so docketed, shall in all respects be the same as if said judgment was recovered be- fore a justice of the peace of a town. But such judgment shall be a lien and remain in force for the same length of time as a judgment originally recovered in the county court. In any case in which by law a justice of the peace is requir- ed to render judgment and enter the same in his docket Judgment; To be a lien CITY CHARTER 71 TV ithin four days, the city c^urt of Elmira, or the judge there- of, is required to render judgment and it must be entered when entered m the docket of said court within ten days after the case shall have been submitted for final decision, anything to the contrary herein notwithstanding. Sec. 109. The prohibition contained in section twenty- counterclaim nine hundred and forty-seven of the code of civil procedure relating to the failure of the defendant in an iction in jus- tices' court to interpose a counter-claim does not extend to an action in said city court to a case where the amount of the counter-claim is five hundred dollars more than the plaintiff recovers. Sec. 110. In the case provided for in section twenty- EAEectot nine hundred and forty-nine of the code of civil procedure *'""'*'''^*'" for justices" courts, if the amounts of the counter-claim es- tablished exceeds the plaintiff's demand, the defendant must have judgment for the excess, or so much thereof as is due from the plaintiff, unless it is more than the sum of five hundred dollars, and if it be more than five hundred dollars, the city court must pursue the same course in reference to the same as in the said section provided for a case in which it is mor- than two hundred dollars. Sec. 111. Section five hundred and five and five hundred when code of and six of the code of civil procedure shall apply to a shiunonp^l counter-claim in an action against a person sued in a repre- eialm"'^"^" seniiitive capacitj^, or in favor of an executor or an adminis- trator, except that the defendant cannot take judgment against the plaintiff upon a counter-claim for a sum exceed- ing five hundred dollars and costs, and section twenty-nine hundred and forty-six of the code of civil procedure shall not apply to actions in said city court. Sec. 112. Where, upon the trial of an action, the sum Discontinuance total of the accounts of both parties proved to the satisfac- tion of the city judge, exceeds one thousand dollars, judg- ment of discontinuance must be rendered against the plain- tiff with costs and section twenty-nine hundred and fifty of the I'odo of civil procedure shall not be applicable to the said city court. Sec. 113. The summons, the form thereof and the time summons; within which the same shall be returnable, and all other refSn°ii.ie™tc process, the service of process, appearances, practice, plead- ings, exhibiting account or demand, amendments, adjourn- ments, trial by court or jury, obtaining jury, offers to com- 72 CITY CHARTER Practice Bastardy proceedings; practice Authority of arttorney promise, offers of judgment and the effect thereof, judg- ments hy confession or otherwise, and the rendering and doclieting of the same, appeals, fees, costs and disburse- ments, shall in all matters, except as herein proyided, be go^-erned by the provisions of the code of civil procedure for justices' courts as said provisions now exist or may here- in fter be amended by the legislature of the state of New Yorlv, except that section two thousand eight hundred and ninety-three of the code of civil procedure shall not apply to or govern proceedings in the city court. Bastardy proceed- ings shall be governed in all matters of practice, including appeals, and in all proceedings therein and relating there- to by the provisions of the code of criminal procedure, and the said judge and the said court shall have the same duties, powers and jurisdiction as justices of peace in towns and their courts; together with the further powers and jurisdic- tion by this act conferred; except as herein provided. Bee. 114. The attorney's authority may be conferred orally or in writing, but the justice shall not suffer a person who is not an attorney admitted to practice in the supreme court of this state to appear as an attorney, unless his au- thority is admitted by the adverse party, or proved by the affidavit or oral testimony of himself and another, and the city judge may, in his discretion, at any time before final judgment, require from any such attorney admitted to prac- tice in the supreme court proof of his authority to so appear. Adjournments Sec. 115. The court must, upon the application of the plaintiff, grant a second or subsequent adjournment of the trial of the action, upon proof, by his own oath or otherwise, to the satisfaction of the court, that he cannot safely pro- ceed for want of some inaterial testimony or witness, and that he has used due diligence to obtain the testimony or Conditions of witucss. But the court may, as a condition of granting such adjournment, require that the plaintiff' pay to the defendant the legal fees of defendant's witnesses duly subpoenaed for that day, and not exceeding two dollars in addition thereto, or such part of such additional sum as may be just. Summons vSec. 116. The summons or summons and complaint may l^rTSe"^'^"""' be served by any person qualified to serve such papers in an action in a court of record, and when service is made by any person other than a constable, proof of service shall be made as in a court of record. Complaint; Sec. 117. The complaint may be verified in the manner venecation provided by the code of civil procedure for the verification CITY CHARTER 73 of pleadings in courts of record, and in an action commenced by summons may, at the option of the plaintiff or his at- torney, be served therewith. When the complaint is so verification ot verified, the subsequent pleadings excepting a demurrer, ^'^'"'^^'^"^° ^hall be likewise verified in all cases in which such pleading would require to be verified in a court of record in default ^hereof they shall be disregarded. Where the complaint is so verified and a copy of the same is served with the sum- mons, and the defendant fails to answer said complaint as hereinbefore provided, at the time of the return of said sum- mons, he shall be deemed to have admitted the allegations ■of the complaint, as true, and the court shall upon filing the summons and complaint with due proof of the service there- of, enter judgment for the said plaintiff and against the de- * fendant, for the amount demanded in such complaint, with <'Osts, without further proof. The city judge may, by gen- pieadings; eral rule or otherwise, require any pleading made orally to p™°"°® be reduced to writing, and every pleading in writing shall be subscribed by the party making the same or his attorney, and shall be filed forthwith, or within such time as the city judge may designate. Sec. 118. The city judge may, from time to time, estab- Rules if lish such rules of practice for said city court as he may deem.^''*'""'® necesssary, not inconsistent with this act or with the code of civil procedure, Avhich rules shall govern the practice in said court. The rules so established shall, before they be- come operative, be published for at least one week in one of the city papers published in the city of Elmira. Sec. 119. Appeals may be taken to the county court Appea^j^ from judgments rendered in said city court the same as from judgments rendered by justices of the peace. Appeals may also be taken to the county court from an order of the city judge on an application to open a default made as in section one hundred and twenty of this act provided, and the time within which such appeals may be taken and the practice thereon shall be the same as apply to appeals from a judg- ment of a justice of the peace, the affidavits read on such ap- plication constituting, for the purpose of such appeal, a part of the return of the city judge. Sec. 120. In actions in said court the city judge shall opeg^gde;^ have power to open defaults and set aside judgments ren- tme^ide^ dered and entered therein, and executions issued thereon, upon such terms as may be just, in a case where either party shall fail to appear on the return day of the process, or on 74 CITY CHARTER any adjourned day, and the party in default satisfactorily Terms of excuscs Ms default, but no greater terms shall be imposed than the payment of the costs included in the judgment, and the sum of three dollars for opposing the motion. The application therefor shall be founded upon aflldavits, and shall be made within twenty days from the entry of such Application for jiidgment. Upon presentation of such application, the city judge shall issue an order returnable in not less than five days nor more than eight days requiring the party in whose favor judgment was rendered to show cause, if any, why said judgment should not be set aside. A copy of said order and of the papers upon which the same is granted, shall be served upon the party in whose favor judgment was render- ed, or his attorney, if one shall have appeared in the action, not less than three days prior to the return day thereof. Pending such application and the determination thereof, the city judge may stay proceedings upon such judgment or any execution which shall have been issued. When a- Practice judgment shall be set aside, the action shall proceed as though no judgment had been rendered. The judgment, or an execution issued thereon by the city judge, and levy made thereunder, may, in the discretion of the city judge, be al- lowed to stand as a security for the satisfaction of any judg- ment the plaintiff inay finally recover. Parties moving in the county court to open default or to obtain a new trial in said city court, in cases where a motion might have been made in said city court, as in this section provided, shall show that no such application was made in said court. Judge, witness, Scc. 121. No persou shall be incompetent as judge, wit- petencyX" ^i^^s or juror in any action or proceeding in said court in which the city of Elmira is an interested party, by reason of his being an inhabitant, freeholder or taxpayer in said city. Constables, Sec. 122. Constables and other persons who lawfully etc., fees ^eyye papers or execute mandates in action or proceedings in said court, not within the jurisdiction of justices of the peace of towns, shall receive and be entitled to the same fees, as are allowed to sheriffs in like actions and proceed- ings in courts of record. costsandfees Scc. 123. In all civil actious and proceedings brought in this court the same costs and fees shall be paid, taxed and recovered as in actions or proceedings before justices of the peace. In addition thereto there shall be allowed to the prevailing party, as an indemnity, in case he has appear- ed by an attorney admitted to practice in courts of record of this state, and not otherwise, the following sums as costs: CITY CHARTER 75 a. Judgment for plaintiff upon default, to the plaintiff, upondeteuJt three dollars. b. Judgment for plaintiff otherwise than upon a default other than to the plaintiff, three dollars, and an additional sum equal "p°° <>«'*"" to ten per centum of the recovery, not to exceed twenty-five dollars. c. If the plaintiff recovers judgment in any action in said Eeoovery court for the recovery of one or more chattels the foregoing °* <="***«!« sum allowed as additional costs therein shall be estimated upon the value of said chattels as assessed by the said court or jury. d. If judgment of nonsuit is rendered for the defendant, Non suit to the defendant, two dollars. e. If a judgment is rendered for the defendant upon the uponmentg merits after the trial, to the defendant five dollars. And the court, in its discretion may allow five dollars additional. f. A defendant who recovers in said court a judgment upon counter- upon a counter-claim therein or obtains a judgment for the "'*™ possession or recovery of chattels sued for therein is en- titled, in addition to costs heretofore allowed said de- fendant, to recover a sum equal to ten per centum upon said recovery, or upon the value of said chattels, not to exceed twenty dollars. g. No costs or fees shall be allowed or recovered in an whennot action brought upon a judgment of this court, unless such ^'■^°'^^ action be brought more than five years after the recovery of the judgment sued on. Sec. 124. In an action in which the complaint demands costs in certam the recovery of property of the value of fifty dollars or more, doiiMs o°'mOT» or in an action in which the complaint or answer demands judgment for fifty dollars or more, exclusive of costs and disbursements, when an issue of law is raised by demurrer, the party in whose favor such issue may be decided shall be entitled to a sum, in the discretion of the city judge, not ex- ceeding ten dollars, which shall, in case final judgment is awarded against him, be deducted therefrom. Sec. 125. In an action in which a trial is had and judg- Additional ment rendered for two hundred and fifty dollars or more, aio^a"":* the city judge may, in his discretion, grant to the successful party an additional allowance of costs, not exceeding ten dollars. All costs and disbursements allowed to be taxed in any action or proceeding before justices of the peace in towns up to but not exceeding fifteen dollars, shall be in- cluded in the judgment as disbursements in addition to the 76 CITY CHARTER costs hereinbefore provided, but in actions within the juris- diction of justices of the peace of towns up to but not ex- ceeding fifteen dollars, shall be included in the judgment Disbursements as disbursements in addition to the costs hereinbefore pro- vided, but in actions within the jurisdiction of justices of the peace of towns such disbursements shall not exceed the limits prescribed by section thirty hundred and seventy-six of the code of civil procedure for justices. Fees of juclRe and clerk Paid to city chamberlain Sec. 126. In each action and proceeding in the city court, the city judge and the clerk of the said court shall each demand and receive for the use of the city for each service rendered by them respectively,- the same fees as jus- tics of the peace of towns are or may be entitled to receive for a like service. And no such service shall be rendered by either of them until such fee shall have been paid there- for. In the case provided for in section thirty hundred and eighty-one of the code of civil procedure recovery shall be had from the city of Elmira instead of the city judge. All such fees collected by the said judge or the clerk of the city court during any month shall be paid to the city chamber- lain on or before the sixth day of the next succeeding month, and the city judge and the clerk of the city court shall each file with the city clerk at or before the time of the first regular meeting of the common council in each month next after the sixth day thereof a complete and detailed statement, verified by his oath to be true, of all moneys pay- able to the city chamberlain by virtue of the provisions of this act, which were received by him during the next pre- ceding month, with the written receipt of the said chamber- lain for the payment of said moneys to him attached to said statement. Proyisionfor Sec. 127. The commou council shall provide suitable offices, etc. ^j^^^g f^^. i^oi^j^g. g^id city court, and shall furnish heat, light and suitable furniture for the same, and provide neces- sary blank books, blanks and stationery therefor, and pro- vide for the payment of the salaries of the city judge and the clerk and stenographer of the city court, and for all other necessary expenses of said court, the expense of which ta'^rov^stoS''"'''^^^^ ^^ ^ ^^^^ charge. And in default of such provisions or g provision ^^^ ^^ ^^^^ being made by the common council, any jus- tice of the supreme court residing in the sixth judicial dis- trict of the state is authorized on application of the city judge showing such default, to make such provision by an order which shall be of the same effect as though the direc- CITY CHARTER 77 tions contained therein "had been made by the common council, and the expense thereof shall be a city charge. 128. Said city court shall be open for such business as Business hours may lawfully come before it each day, excepting Sundays and legal holidays, during all seasonable hours from nine o'clock in the forenoon. The city judge shall be entitled vacation ot without deduction of his salary, to a vacation of thirty days, o^yJ^'Je* in each year. And in case of the sickness, absence, or dis- Disability ability of city judge, the duties of such city judge shall be performed by the acting city judge appointed as hereinafter provided. Sec. 129. The city judge shall receive for his services salary of rendered under this act an annual salary of two thousand "*yj"^s6 dollars, less a pro rata deduction for each day the said court is by the next preceding section of this act required to be kept open on which he shall have failed from any other cause than illness, and his thirty days' vacation, to attend the same; and such salary shall be paid to him by the city in twelve monthly instalments, and provided he shall not be absent on account of illness without a deduction of his salary more than ten days in each year. Sec. 130. The stenographer of the city court shall re- salary of ceive a salary to be fixed by the city judge with reference to ^'™°s''*p'^" the qualifications of such stenographer, not exceeding seventy-five dollars per month. In case of his absence, by i-eason of sickness or other cause, for the time in which he is absent a pro rata deduction shall be made from his salary. Sec. 131. The clerk of the city court shall receive a sal- salary of.«ierk ary of fifty dollars per month. In case of his absence by reason of sickness or other cause, for the time in which he is absent a pro rata deduction shall be made from his salary. Sec. 132. In case of the sickness or absence of the Acting stenog- stenographer or clerk of the city court, the city judge, or act- ™p''^'' °'" °'^* ing city judge, if ,he be at the time acting, may appoint a stenographer or clerk to act during such sickness or absence, and who shall, for such services, receive the same salary as the clerk or stenographer in whose place he is acting. Sec. 133. The acting city judge in office when this act Acting takes effect shall hold office until the expiration of the term "'^'^'^ ^^ for which he was appointed. On the expiration of the Appointn^ent present term of the acting city judge, and on the first Mon- °*'«*^ day in January in the year nineteen hundred and seven and on the first Monday in January in each and every year there- 78 CITY CHARTER City judge; election Justice of the peace. Abolished after, it shall be the duty of the mayor and common coun- cil of the city of Elmira, to appoint some suitable person, who shall possess the qualifications of a city judge as in this act provided, to act as judge of the city court in case of the sickness, absence or disability of the city judge. While so acting, the said acting judge shall sign all papers as acting judge of the city court of Elmira, and shall have all the powers and perform all the duties incumbent upon the city judge. He shall be entitled to receive for his services the same rate of salary as is paid the city judge. Sec. 134. The city judge shall be elected at the time and in the manner hereinbefore provided in this act Sec. 135. No person shall hereafter be elected to the office of justice of the peace in the said city of Elmira. Eecorder and acting re- corder, oath and bond Office and business hours Qualifications ef , salary ARTICLE IX. DEPARTMENT OF JUDICIARY; RECORDER'S' COURT. Section 136. Recorder, oath, bond, salary, vacation. 137. Jurisdiction and powers of recorder. 138. Courts of special sessions. 139. Acting recorder; powers of; appointment. 140. Fees, fines and reports of recorder. 141. Recorder's clerk; appointment; powers. 142. Sale of unclaimed goods by recorder. Section 136. Each recorder and acting recorder of said city before entering upon the duties of his office, shall take and file with the city clerk the oath of office prescribed by law for judicial officers, and a bond in such penalty and with such sureties as the common council of said city shall de- cide and approve, for the faithful discharge of his duties as recorder, or acting recorder, according to the provisions of this act. The common council shall provide a suitable office for the recorder of said city. It shall be the duty of the re- corder to attend at such office between the hours of nine o'clock in the forenoon and twelve o'clock at. noon, and be- tween the hours of two o'clock and flTe o'clock in the after- noon of each day, except Sundays, legal holidays, and the period of his vacation, and to hear such matters, issue such processes a:nd institute such proceedings as the proper ad- ministration of justice requires, in accordance with the powers and jurisdiction hereiniafter conferred upon him. The recorder of said city hereafter elected shall be an at- torney and counselor at law of the supreme court of the CITY CHARTER 79 State of New York, and shall receive an annual salary of fif- teen hundred dollars, less such deductions as shall be made by the common council therefrom as hereinafter provided, which shall be paid to him in equal monthly instalments by the city chamberlain of said city upon the first day of each month upon written orders signed by the mayor and city clerk. There shall be allowed to the said recorder vacation a vacation of fifteen days in each year of his term, for which number of days no deduction shall be made in his salary. S?uch vacation may be taken in consecutive days or other- wise at different times during the year, as the recorder may elect, and it shall be his duty to specify in his monthly re- port to the common council whether any day or days on which he has failed to perform the duties of his office in the preceding month were taken by him either as a whole or any part of said vacation; but nothing in this section shall be construed as allowing to the said recorder more than fifteen days' vacation in any year of his term by reason of his fail- ure to take the full number of fifteen days in any preceding year thereof. With the exception of the time herein al- lowed as a vacation, the recorder shall not be paid for such time as he fails to perform the duties of his office as herein- after provided, and the ratable proportion shall be deducted from his salary because of any such failure to perform his duties, and such deductions shall be paid by the city cham- berlain upon written orders signed by the mayor and city clerk to the acting recorder, hereafter provided for,' who acted during such period. The recorder and acting re- corder shall each report to the common council at the first regular meeting thereof in each month, the time, if any, during which the recorder shall have failed in the next pre- ceding month to attend to the duties of his office, as afore- said, and the time, if any, during which the acting recorder shall have acted in the place of the recorder, as hereinafter provided in the next preceding month. The recorder may uemovai from be removed from office in the same manner as a justice of "^'^ the peace, as provided by title two of the code of criminal procedure, and the constitution of the state of New York. Sec. 137. The recorder of said city shall in all criminal jurisdiction actions and proceedings and special proceedings of a crim- "* recorder inal nature for or on account of offenses committed or charg- ed to have been committed within said city, have all the jurisdiction and the authority which a justice of the peace of any town would have, if such an offense were committed or cliarjred to have been committed in such town, excepting in 80 CITY CHARTER proceedings respecting bastards, exclusive of any other offi- cer except the mayor of said city and judges and justices of the courts of record, and such other jurisdiction as is here- Bail inaffer granted. The said recorder shall have power to let to bail all persons charged with crime before him in all cases of felony, when imprisonment in the state prison, on conviction for such felony cannot exceed five years, and shall also have the power to take bail as is conferred upon sergeants and captains of police by section five hundred and fifty-four of the code of criminal procedure by the deposit of money or personal property, as is in that section provided. He shall also have the power and authority as a justice of tbe peace within the county of Chemung, to administer oaths and take affidavits and acknowledgments. The said Summary trial Tecorder Shall have jurisdiction and authority to hear, try in certain cases gjj^ determine summarily and without a jury all charges and complaints against persons for disorderly conduct in said city, as defined by this act, or of such conduct in said city as constitutes such persons, tramps, vagrants or dis- orderly persons as defined either by this act or by the statutes of this state. Whenever any person shall be brought before said recorder either with or without war- rant, charged with being such a tramp, if said recorder is satisfied by the confession of such person or by competent evidence upon such summary trial that such person is such tramp, the said recorder shall thereupon have jurisdiction and authority to render judgment convicting such person thereof and imposing such sentence therefor as is provided ^mlta^ or'^'^^ ^^^- Whenever any person is brought before such re- vag'rant corder, either with or without warrant, charged with such disorderly conduct, or with being either such tramp, such vagrant or such disorderly person, if said recorder shall be satisfied by the confession of such person or by competent evidence, upon such summary trial, that such person has been guilty of such disorderly conduct, or is such vagrant or disorderly person, the said recorder may thereupon take such further proceedings thereon, as a magistrate is au- thorized by the code of criminal procedure to take in such case; or the said recorder may, instead, render judgment convicting such person of disorderly conduct or of being a vagrant or disorderly person as the case may be, and that he pay a fine not exceeding fifty dollars or be imprisoned not exceeding six months, or both, as the case may require, which judgment shall be enforced in the same manner in all respects as judgments of courts of special sessions are enforced. CITY CHARTER 81 Sec. 138. The recorder is hereby empowered to hold courts of courts of special sessions in said city. Subject to theK*'®^ powers of removal provided for in sections fifty-seven and fifty-eight of the code of criminal procedure, courts of special sessions held by said recorder shall have, in the first instance, exclusive jurisdiction to hear, try and determine Exclusive all charges of misdemeanor committed within said city, and ^"'^'"°"°° also all charges of misdemeanor committed by violations of the charter of the city of Elmira, or by violation of the ordi- nances or regulations promulgated pursuant to this act. Courts of special sessions held by said recorder shall also (subject to removal as provided by sections fifty-seven and fifty-eight of the code of criminal procedure) have jurisdic- tion to hear, try and determine charges of misdemeanor committted as follows: Committed partly within and partly Jurisdiction without said city, or when the acts, omissions or effects""*''**'"'^** thereof, which constitute or are requisite to the consumma- tion of such misdemeanor, occur partly within and partly without said city; committed in this state, in or on board of any railway engine, -train or car making a passage or trip on or over any railway in this state, or in respect to any por- tion of the lading or freightage of any such railway engine, train or car in case such railway engine, train or car passes or has passed in the course of the same passage or trip through said city, or any part thereof, or where such pass- age or trip terminates in said city, or would terminate in said city if completed. Otherwise than as hereinbefore provided, courts of special sessions held by said recorder shall not have jurisdiction to hear, try or determine charges of misdemeanor not committed within said city. When a judgment person shall be convicted by a court of special sessions, held SSn" °°''"°" by said recorder, of any misdeme,anor of which such court has jurisdiction, the court of special sessions held by said recorder may render such judgment, imposing such sen- tence therefor as a court of sessions might lawfully render a ad impose in case a conviction of such crime were had in a court of sesions. Except as hereinbefore provided, courts General powers of special sessions held by said recorder shall have all the ^n^""^'*'"" powers and jurisdiction conferred upon courts of special ses sions by the code of criminal procedure, and shall be subject to all the provisions of said code relating to courts of special sessions. Sec. 139. In case of sickness, absence from the city, dis--Aotihg- abJlity or inability of the recorder to act, his powers and ^''°'^'^*' duties are hereby confered and imposed upon the aetimg, 6 82 CITY CHARTER Powersjof Mandates, etc. how signed Fees tor services recorder. It shall be the duty of the mayor and common council on the first Monday in January in each year to ai>point, by resolution, some person who shall be an elector of the city of Elmira and an attorney and counselor at law of the supreme court of this state, who shall act in such cases for the year commencing on the day following such designation, instead of the recorder, and who shall in all such cases have power to hold all courts which said recorder may hold, in all respects as if held by said recorder, and he shall be designated and known as "acting recorder." In case any wbrrant issued by the said recorder shall be re- turned during his absence from the city, or during his in- abilitj to attend to the duties of his office, any further pro- ceedings may be had on such warrant before such acting recorder, who, after having once obtained jurisdiction over any matter in any criminal action or proceeding, or special proceedeing of a criminal nature by virtue of the pro- visions of this act, may retain such jurisdiction and proceed to the determination of such action or proceeding. All processes and mandates issued by the recorder or the acting recorder requiring service shall be served by the city police- men, or by officers authorized by the laws of the state to serve such processes and mandates, and the same may be served in any county in this state without being endorsed , by any other magistrate. All processes, mandates, orders, commitments or other documents made or issued by the re- corder shall be signed in addition to his name "recorder of the city of Elmira;" when made or issued by the acting re- corder, the same shall be signed in addition to his name, "acting recorder of the city of Elmira." The recorder and acting recorder shall keep a docket of all business done by them, with full items and dates, and with a proper and con- venient index; such docket shall contain a record or brief statement of all convictions, acquittals and judgments be- fore either of them, and the same shall be open during office hours to public inspection when not in use. Sec. 140. Neither the said recorder nor. acting recorder shall receive for his own benefit any fee for services per- formed under this act, but they shall each demand and re- ceive in all the proceedings before them, for all services ren- dered by them as recorder or acting recorder, the same fees as are provided by law for justices of the peace of towns for Uke services, and all fees and charges which may be legally payable 'whenever any suit or proceeding before either of them shall be settled or dismissed by consent, including con- CITY CHARTER 83 Stable fees. All such costs and fees, and all fines and Fines, fees,ete., penalties, or other money collected by either of them during ^himberiSn any month, shall be paid to the city chamberlain before the next regular meeting of the common council in the next succeeding month; and any failure or omission to pay over such fine, penalty or other moneys, shall be sufllcient cause for removal of such recorder or acting recorder from office; the recorder and acting recorder shall each file with the city clerk, prior to the time of the first regular meeting of the common council in each month, a complete and detailed statement, verified by his oath to be true, of all moneys pay- able to the city chamberlain by virtue of the provisions of this act which were received by said recorder or acting re- corder during the next preceding month, with the written receipt of said chamberlain of the payment of said moneys to him attached to said statement; the recorder and acting recorder shall each keep an account of all such fees and fines, and of all criminal business done by him, which shall be a county charge, and shall annually, at the time for the cha^^, how presentation of claims against the county of Ohemung, pre- p^'^ sent in the name of said city said account, properly made and verified, to the board of supervisors of said county, and said board shall audit said account to the city of EHmira and lev}^ the same in the same manner as other county charges. Sec. 141. The recorder may appoint a clerk for the re- Recorder's corder's court, who shall be the ofiiciai stenographer there» meirt'o?'^°"*' of, and who may be removed by him whenever he may deem it advisable. The recorder, or acting recorder, as the case may be, may from time to time in the absence of the regu- lar incumbent engage another clerk to perform the duties of said office, who shall receive pro rata compensation for the time he shall be acting clerk, and Who shall possess during the temporary incumbency all the powers granted to the regular incumbent of said office. The clerk and each Duties of acting clerk, during the period of his employment as such, shall be an officer of the court, and shall before entering upon the discharge of his duties as such, subscribe and take the oath of office as prescribed by the constitution of this state, and file the same with the city clerk. It shall be the duty of such clerk to take accurately in shorthand the testi- mony of all proceedings on the trial of cases in the recorder's court, and to furnish a typewritten copy of the testimony and other proceedings so taken by him in any case in which such testimony and proceeding shall have to be returned to the county court or county judge, which typewritten copy 84 CITY CHARTER shall be a part of the return; and to take down and write out such other matters pertaining to the business of said court as the recorder may direct. The clerk of the record- shaiibea tcr's court Shall be a stenographer and shall attend upon stenographer ^^j^ ^^^j.^ during the time it is by law required to be kept open for business, and shall keep the dockets and books of account thereof, and make up under the direction of the re- corder the returns on appeal to the county court, and the re- turn in any other matters in which testimony and proceed- ings shall be required by law to be returned to the county court or judge thereof, or filed in county clerk's ofiftce. The clerk shall perform such clerical and stenographic work per- taining to the business of said court, as shall be directed by the recorder. He shall also furnish, with the permission of the recorder, to any other person requesting the same, a typewritten copy of any testimony or proceedings of which he shall have taken the notes, at the rate of three cents per folio for each additional copy of said matter; which fees so leceived shall be turned over to the city chamberlaiu in the same manner as fees collected by the recorder. The said clerk shall have power to administer oaths and take affidavits, acknowledgments, and informations for use in said court, and as clerk of the recorder's court to issue sub- poenas attested in the name of the recorder or acting re- corder, and in the absence of the recorder or acting recorder, to adjourn cases, and to fix and accept bail in all cases of misdemeanor. The clerk shall receive a salary of not ex- ceeding fifty dollars per month, to be fixed by the common council, and shall give a bond to the city in such sum as the said council may direct. Account of un- Scc. 142. It shall be the duty of the recorder on the first claimed goods jjf.iKjay jjj ^^y aud November in every year to deliver an account verified by his oath to the common council of said city of all moneys, goods, wares and merchandise, then re- maining unclaimed in said recorder's ofiflce, and immediate- ly thereafter to give notice for one week in an ofllcial news- paper of said city to all persons interested in or claiming su<;h property, that unless claimed by the owner with a satisfactory proof of such ownership, before a specified day, the same shall be sold at auction to the highest bidder on the day and place specified in such notice. All property remaining unclaimed, except money, shall be sold by said recorder, or by some one under his direction. If any goods, wares, merchandise or chattels of a perishable nature, or which shall be expensive to keep, shall at any time remain Power to administer oatbs, etc. Salary of CITY CHARTER 85 uni laimed in said recorder's office, it shall be lawful for said recorder to sell the same at public auction at such time and after such notice as to him and the mayor shall deem proper. The said recorder shall immediately after the sale of any property in accordance herewith, pay to the chamberlain of said city all moneys remaining unclaimed in his hands as such recorder and all moneys received by him upon such sale, after deducting the expenses thereof. It shall be the duty of the recorder aforesaid, whenever he shall obtain ptussession of any stolen property, on his receiving satisfac- tory proof of ownership from the owner, to deliver such property to the owner thereof, on his paying all necessary and reasonable expenses which may have been incurred for the preservation and sustenance of such property. No property shall be sold or delivered in pursuance of this sec- tion if the district attorney of Chemung county shall direct that it shall remain unsold or undelivered for the purpose of being used in evidence in the administration of justice. ARTICLE X. DEPARTMENT OF PUBLIC WORKS. Section 143. Commissioners of public works, appoint- ment. 144. Terms of office, qualifications. 145. Composition of board of public works. 146. Oaths of office, meetings, vacancies. 147. City engineer, appointment, salary. 148. Superintendent of public works, appoint- ment, salary, sidewalk inspectors. 149. Duties of city engineer. 150. Duties of superintendent of public works. 151. Funds under control of board of public works. 152. Audits to be certified to common council. 153. Annual estimate of expenditures, when made. 154. Control over streets, bridges, sewers, side- walks. 155. Power to repair, renew or repave existing pavement; expense of same, how paid'. 156. Ordinances regulating width of tires. 157. Pavement and sidewalk fund, amount of. 158. Expenses of paving or repaving pavement; constructing and repairing sidewalks and cleaning snow, how paid. 86 CITY CHAETER Section 159, Expenses of repairing pavement, how paid. 160. Cost of pavement and sidewalks, how assess- ed and when payable. 161. Declaration of intention to pave or repave; duty of board. 162. Collection of unpaid assesssment; where credited. 163. Board to make pipe connections. 164. Amount of payment to be limited. 165. Members not to be interested in contract. 166. Penalty for violation of regulation or regu- lations of board. Commissioners Sectiou 143. The present commissioners of public works of public works gj^g^jj respectively continue to be such until the expiration of the term for which they were appointed. At the first j^pointment regular meeting of the common council after the expira- tion of their terms of office, respectively, or as soon there- after as may be, the mayor shall nominate from the tax- paying electors of said city, not holding any other city office, and by and with the consent of the common council nianifested by the concurring vote of at least a majority of the members thereof, shall appoint their successors. The terms of Qflice of the commissioners so appointed shall ex- pire on December thirty-first, nineteen hundred and eight, and December thirty-first, nineteen hundred and nine, re- spectively. The appointments of said commissioners shall be so made that not more than one of said commissioners and the mayor shall belong to the same political party. Terms of office , Sec. 144. At the meeting of the common council on the first Monday in January, nineteen hundred and seven, and on the first Monday in January, in each year thereafter, or as soon thereafter as may be, the mayor shall, from the tax- paying electors of said city, not holding any other citv office, nominate and by and with the consent of at least a ma- jority of all the members of the common council, appoint > one commissioner to fill the impending vacancy, which ap- pointment shall be for the ensuing two years. Slaid com- missioners of public works shall receive no compensation for their services as such commissioners. pZfc works ^f.^; 1*^- '^y ^^*^ commissioners, with the mayor, shall constitute the board of public works of the city of Elmira of which board the mayor shall be president, and the CITY CHARTER 87 mayor's clerk or the city clerk, the clerk, and any two mem- bers of said board shall form a quorum for the transaction Quorum of any business. > Sec. 146. The said commissioners when entering upon oath of office the duties of their offices, respectively, shall take upon them- selves the usual oath of office. The board of public works, shall meet at the mayor's office, or at any other suitable piaceof meet- place, at such time as may be expedient, or as it shall from "^ time to time designate, and on special ocasions as the mayor may appoint in writing, notice of which shall be served upon such commissioners personally, or be left at the place of residence or of business of said commissioners respectively, and if either of said appointed commissioners should be elected to and accept the office of mayor, then the mayor and common council shall proceed as in the case of a vacancy, and any of the appointed commissioners who shall here- after be elected or appointed to any office in the city created by this act, and shall not within ten days publicly decline the same, shall be deemed to have vacated his office of said commissioner. Sec. 147. Said board may appoint one city engineer and city engineer surveyor by the concurring vote of at least two of its mem- saiar""*^""^' bers. He shall receive such annual salary, not exceeding- two thousand dollars per annufii, as may be fixed by said board payable monthly. Said board may appoint such and as many assistants to said engineer as in its judgment may be necessary. , Sec. 148. Said board may appoint, by the concurring superintendent vote of at least two of its members, a superintendent of pub- wOTte;''" "^ ^c works, who shall receive an annual salary not exceeding sXy *^™'' twelve hundred dollars, to be fixed by the said board, pay- able monthly. Siaid board may appoint one or more side- sidewsik walk inspectors, who shall serve during the pleasure of the '"^peotors board, at a salary not to exceed two dollars per day, respec- tively, while actually employed, to be paid out of the street fund. Sec. 149. The city engineer and surveyor shall hold his Duties of city office during the pleasure of the board of public works. He ?^gJ3; may be dismissed by the vote of at least two of its mem- t«™°f°«"=« bers. It shall be his duty to perform all the ordinary en- gineering and surveying services in the affairs and business of the city and to supervise under the general direction of the board of public works, all the work done for the city in CITY CHAETEE which the skill of his profession may be required or useful. He shall perform such other duties as may be prescribed by the board of public works or by the resolution of the com- mon council. Superintendent Sec. 150. The Superintendent of public works shall hold worte"" his ofQce during the pleasure of the board of public works, duties, etc. jjg jjj^y Ijg dismissed by the concurring vote of at least two of its members. He shall, under the direction of the board of public works, superintend all repairs and improvements, or work to be done or performed upon any of the public high- ways, streets, walks, grounds, or property of said city, ex- cept as otherwise provided in this act, hire and employ the requisite laborers, direct them as to the time and manner of the execution of their work, and certify to the board of public works as often as said board may require, all persons who shall have been employed as aforesaid, and the hours or days of labor performed by each. He shall not directly or indirectly employ his own team or wagon, nor shall he be directly or indirectly interested in any work or in any con- tract for work, or furnish material to said city, under the penalty of the forfeiture of his office. Board of public Sec. 151. Said board of public works shall have ex- clusive authority to expend the moneys provided and direct- (-d by said common council to be raised, and forming the fol- lowing named funds: the street fund; the bridge and water- course fund, and the sewer fund, and the pavement and side- walk fund as hereinafter provided. The expenditure of each of such funds shall be for the purpose or purposes here- i'lbefore prescribed for them respectively. Sec. 152. Said board of public works shall audit and certify to the common council of said city all just demands and claims presented t> it for purchases by said board, and for all work, labor and services rendered under its employ- ment, and all expenditures by it and herein authorized. The salaries provided for in this title of the city engineer and surveyor and assistant or assistants to him, and of the super- intendent of public works, shall be payable out of the gen- eral fund. Sec. 153. The board of public works shall annually, and at the last stated meeting of the common council in each civil year, report to the common council the amount of money estimated by said board to be necessary to be expend- ed for each of the following purposes for the cun-ont year, to wit: Not to be interested in contract, etc. works; exclu- sive authority certain funds Audit of claims, etc. Estimate of expenditures CITY CHARTER 89 a. To defray the expenses of grading, repairing and For streets cleaning and keeping in good order the unpavcd streets; to defray the expenses of cleaning paved streets: to defray the expenses of cleaning, repairing and building crosswalks; to defray the expenses of putting down a superficial macadam, the same not to cost to exceed the rate of seventy-five cents per square yard; to defray the exp -uses of keeping in repair and cleaning macadamized streets. The aggregate amount of the foregoing estimates shall be known and desig- nated street fund estimates. b. To defray the expenses of building, rebuilding or re- For bridges pairing bridges, culverts, sluiceways; to defray the expenses **°- of cleaning out or repairing waterways ; of cleaning out creeks and other water-courses under the charge of the city. The estimated expenses for such purposes shall be known nd designated as bridge and water-course fund estimates. c. To defray the expenses of constructing and repairing For sewers sewers and keeping the same in good order, the same to be , kniiwn and designated as sewer fund estimates. Sec. 154. Said board of public works shall have ex- Exclusive elusive power and authority to stJlet^*lto7*'' a. Fix the grades of and grade, repair, clean and keep in good order the unpaved streets of said city; clean or cause to be cleaned and kept clean the paved streets; fix grades for all public sidewalks and curbings, and fix the width thereof; alter the grade of any existing public street, side- walk or curbing, when in its judgment it shall be neeepsary so to do; set or lay suitable curbstones and gutters on or along the side of any street or highway; reset or relay any curbstone or gutter whenever in the judgment of said board it may be necessary so to do; build, repair and clean the public crosswalks; put down superficial macadam; keep in repair and clean macadamized streets, and to do any regrad- ing, constructing and repairing of the public streets when in its judgment it shall be necessary. b. Build, rebuild or repair the public bridges, culverts Bridges, etc. and sluiceways; clean out the waterways and repair the same; clean the creeks and other water-courses under the charge of the city. c. Construct all public sewers and all lateral connec- sewers tions therewith in said city, and repair or extend the same. d. Pave or repave any streets or any part or portion of pavement any street in such manner and with such material as in the *"'* p*™^ 90 CITY CHARTER Permit for Street excava- tions Expenses in- curred by board, a lien, etc.; how enforced judgment of said board may be deemed best; repair a pave- ment upon any sti^eet, or any part or portion of any street, in such manner and with such material as in the judgment of said board may be deemed best. Routes of travel 6. By its Order, to be published for one week in three fOTteamsters, ^^.j^ ^ewspapers haviug the largest circulation published in said city, fix the route of travel for teamsters, draymen and draft wagons, and exclude from their use streets or parts of streets not necessary to their service in the receipt or delivery of merchandise or material. f. Permit the opening of and excavating in any public street or sewer of said city at such time and in such man- ner and under such suj)erintendence thereof as said board may prescribe in their order granting such permission, Anj expenses incurred by said board in any such superinten- dence, restoration or repairment, shall be a lien until paid upon the premises or lot for the benefit of which any such work was done, to be enforced as unpaid claims for the con- struction of sidewalks as directed to be enforced in said city, and said city shall have a lawful demand against the ap- plicant to whom such permission may have beeen given, and such expenses may be sued for in the name of the city, and when collected, sha.ll be paid to the- chamberlain of said city, and by him credited to the fund against which said expense is properly chargeable. Shade and or- S- Determine the place for planting and the relative lo- namentai trees cation of any Shade or ornamental trees in the streets of said city, and the pruning and trimming thereof, and of any trees now in such streets; and to that end shall adopt gen- eral rules and regulations in reference thereto, which rules and regulations shall be published once in each week for three successive weeks in three daily newspapers printed in said city having, the largest circulation. Any owner or oc- cupant of premises in said city in front of which there shall be any shade or ornamental tree or trees, who shall neglect to comply with such rules and regulations in reference thereto twenty-four hours after service or the posting of a copy of such rules and regulations in a conspicuous place on said premises, shall be subject to a penalty not to exceed five dollars, to be sued for and recovered by the city of El- mira, and paid to the city chamberlain of said city and by him credited to the "street fund." The said tree or trees may be pruned and trimmed under the direction of the said board. The expense thereof shall be collected by said Bules and regulations Penalty for negleot CITY CHARTER 91 board from such owner in addition to and in the suit for the penalty above provided. h. Construct or build any sidewalk or any part or por- sidewalks, tion of any sidewalk in such manner and with such material ''""^^e of, etc. as in the judgment of said board may be deemed best; re- pair any sidewalk upon any street, or any part or any por- tion of any street, in such manner and with such material as in the judgment of said board may be deemed best; regu- late or change the width of space between a sidewalk and the curb line in the street. Provided, however, that the owner or owners of property along or in front of which a sidewalk is to be built or rebuilt, shall, upon request in writ- Fixing grade, ing to the superintendent of public works, be given permis- ^^' sion to build or rebuild such sidewalk, without expense to the city, in conformity, however, with all requireinents as to time of building or rebuilding, material therefor, grade thereof, and manner and method of construction, of the board of public works. If such requirements are not com- plied with, the board of public works shall make said side- walk conform therewith. i. Make all necessary purchases, contracts aad engage- cjenerai powers ments, hire, eniploy and engage all persons, teams, imple- ments and articles, and to do all the acts necessary to enter upon and complete the powers and duties imposed upon it by this act. The said board, in the exercise of each and Not to over- every of said powers, shall not exceed the sum of money or ^^"^ '""'^^ fund legally applicable thereto. Sec. 155. Said board shall also have the power to re- Repairing, re- pair, renew or repave any existing pavement in such man- plrtalplvt ner and with such material as in thejudgment of said board ™®°' may be deemed best. The expenses of paving, renewing or repaving any street heretofore constructed, shall be paid as follows: The owner of the property fronting or adjoining Expenses of, such street shall pay two-thirds of the expense of the afore- Monef^""' said work, from the curbstone in front of such property to a line to be drawn one foot outside of the outside rail of the track of any street railway located on said street, and the remaining one-third of such expense shall be paid by the city out of the pavement fund; the owner or owners of said street railways shall pay the expenses of said work between two parallel lines to be drawn one foot oiitsi.ic of each of the outside rails of the track or tracks of said street railway. Upon any street on or through which there is no street railway located, the owner of the property fronting or ad- 92 CITY CHARTER joining such street shall pay two-thirds of the cost of the aforesaid work from the curbstone in front of said property to the center line of said street, and one-thixd shall be paid by the city out of the pavement fund. The expense of re- pairing pavements shall be paid by the owner of the prop- erty in front of which the work is done. Draft wagons, Sec. 156. The commou couucil may at the TOQuest of the *^^°°' board of public works enact such ordinances as it may deem necessary, regulating the width of tires of draft wagons. The term "draft wagon" in this act shall mean a wagon to carry twelve hundred pounds or more. Pavement and Sec. 157. lu addition to the sum hereinbefore authorfz- Bidewaik fund q^ j-q ]^q raised, the common council shall, in the year eighteen hundred and ninety-six, and each year thereafter, levy upon the taxable property of said city a sum not to exceed twenty-flve thousand dollars and place the same to the credit of a fund, which shall be known and designated as the "pavement and sidewalk fund." The board of pub- lic works shall have full charge of expending such fund, and shall expend the amount thus levied and raised, or so much thereof as may be necessary, in paving or repaving streets of the said city, or repairing pavements, or building or constructing sidewalks or repairing sidewalks in the city. street rauroads ^ec. 158. A Street surface railroad company owning or ^^|«t°®* "'operating a railway upon a street or a portion of a street paved or repaved, shall pay to the city chamberlain the en- tire cost of the paving between its tracks, the rails of its tracks, including switches and turnouts, and a space of one foot in width outside of and adjacent to either exterior rail Owners to pay of its track or tpacks, including switches or turnouts. The Si^nce'^'*^ °* owners of the property adjoining such street upon which a, street surface railway is constructed or operated, or the said portion thereof so paved or repaved, shall pay to the city chamberlain two-thirds of the balance of the entire cost of the paving thereof, apart from the cost of paving the inter- ownertopay sectious with Other streets. The owners of the property two-thirds, etc. adjoining a street or the portion of a street paved or repaved upon which a street railway is not constructed or operated, shall pay to the city chamberlain two-thirds of the entire cost of the paving thereof apart from the cost of paving the intersections thereof with other streets. The owner or owners of each property shall pay proportionately to the frontage of his, their or its property upon the streets, and CITY CHAETEE 93 the quantity of pavement chargeabje to said property shall be estimated from the curbing in front of said property to the center line of said street, in case no street railway is constructed or operated upon the portion of said street ad- jacent to said property; or the line one foot outside of the exterior rail of a street railway track nearest said curbing, if a street railway be constructed or operated upon the por- tion of the street adjacent to said property. The owner or owners of the property along or in front of which, or any sidewaik, how part of which, a sidewalk is constructed, built, rebuilt or"*'^ repaired, shall pay to the city chamberlain the entire cost of such sidewalk so constructed, built or rebuilt, and the en- tire cost of the repairing of any sidewalk along and in front of his or their property, or any part thereof. The owner, or cleaning of owners, occupant or occupants of the property along or i^^o^a^dioe front of which, or any part of which, a sidewalk is construct- ed or built, shall clean the snow and ice from such sidewalk within twelve hours after the snow shall commence to fall, or the ice shall form, and in case the said owner or owners, or occupants shall neglect to clean such snow and ice from such sidewalk within such time, the same shall be done by and under the direction of the board of public works, and the owner or owners of such property shall pay to the city Expense ot, etc. chamberlain the expense of such work, together with a penalty to be fixed by the board of public works at a sum not exceeding five dollars for each sidewalk from which snow and ice shall be removed. Sec. 159. A street surface railway company shall pay to Kepairing the city chamberlain the entire cost of the repairing the Sow ^13*°' pavement between its tracks, the rails of its tracks, includ- ing switches and turnouts and for one foot in width outside of and adjacent to either exterior rail of its track or tracks including switches and turnouts. The owner or owners of each property adjoining a street or a portion of a street upon which a street surface railway is constructed or operated, shall pay to the city chamberlain the entire cost of repair- ing the pavement upon the portion of the street adjacent to his property from the curbing in front of his said property to the line one foot outside of the exterior rail of the said street railway track nearest said curbing. The owner or owners of each property adjoining a street or the portion of a street upon which a street railway is not constructed or operated, shall pay the entire cost of repairing the pave- ment upon that portion of the street adjacent to his property from the curbing in front of his said property to the center 94 CITY CHARTER Intersections of line of Said Street. The city shall pay the cost af paving, sttMts, how repaying or repairing the pavement upon the intei'sections of streets, except that portion of said cost which must be paid by the street surface railway company constructing or operating a street surface railway thereon, as hereinbefore provided. Amounts,iiow Sec. 160. The amount to be paid by a street surface rail- and*assSsed way compauy, or the owner or owners of any property for paving or repaving a street or portion thereof; or for building or rebuilding a sidewalk or any portion thereof, or for repairing a sidewalk, or for cleaning the snow and ice from a sidewalk, together with the penalty for a failure to do so, as provided by the next to the last preceding section of this act, shall, as soon as practicable, be ascertained by the board of public works, and by it assessed to said com- pany or the owner or owners of such property and upon such property. Said board of public works shall thereupon deliver the statement of such ascertainment and assessment to the common council, which shall thereupon give public Notice of notice in one morning daily newspaper and one evening daily newspaper of said city, that the same has been deliver- ed to it, and that it will, on a certain day therein specified, which shall be at least ten days after the first publication of said notice, consider the same for the purpose of con- firmation. At the time so specified any person interested may appear before the common council and apply to have such assessment altered or corrected as justice may require. conflrmation^ The common council may thereupon alter and correct and °" " ' confirm such assessment without further notice. The amount so assessed to a street surface railway company shall thereupon become and at all times thereafter the portion thereof remaining unpaid at any time, shall remain and constitute a lien, charge and assessment upon the entire of the property of said street surface railway company. The amount of each other of such assessments shall be a lien upon the real property upon which it is assessed. The common council, after confirming said assessment shall forthwith transfer the same, or a copy thereof, certified by the city clerk, to the city chamberlain. Any amount so assessed, or the part thereof remaining unpaid at any time, When may bewith the accumulated interest thereon as herein pro- "*''' vided, may be paid at any time. Any amount or assessment for paving or repaving, or constructing or building or re- building any stone sidewalk, may be paid in five equal suc- ceeding annual installments. The first installment shall be etc., of report Amount as- sessed a lien CITY CHARTER 95 paid during the fiscal year in which the paving or repaying, or the constructing, building or rebuilding of the sidewalk IS done. At the expiration of sixty days after the assess- ment therefor is made, interest at the rate of four per centum per annum upon the sum unpaid shall be paid with each of said installments. Any amount or assessment for repairing any pavement, or for repairing any sidewalk, or for building, rebuilding or constructing any sidewalk, other than a stone sidewalk, or for cleaning the snow and ice from a sidewalk, together with the penalty for the failure .so to tio, as provided in the next to the last preceding section of this act, shall be paid within sixty days after the assessment therefor is made by the common council. The expense of curb stones setting or laying suitable curbstones and gutters on or along ''°'' ^^"^ the sides of the streets, or resetting or relaying any curb- stone or gutter, shall be paid from the street fund, and shall be charged upon the property fronting or adjoining the streets or highways in which such work is done, and shall be paid, and payment thereof shall be enforced, in the same when payable manner as is provided herein for the payment and enforce- ment thereof of amounts to be paid for repairing pavements or sidewalks. Any gutter forming a part of a pavement shall not be within this provision. The amounts paid by Gutter property owners under this provision relative to curbstones or gutters shall be by the city chamberlain credited to the street fund. Sec. 161. When the board of public works, by resolu Declaration o£ tion, declares its intention to pave or repave a street, or any p«ve o?°Sav6 portion of any street, upon which a street surface railway is constructed or operated, it shall notify the company which < <.)nsinicted, or is operating said railwa;y, of such intention ; and thereupon it shall be the duty of such street surface Duty railway company forthwith to make all needful repairs, compi™y changes or improvements in the track or tracks thereof, and the materials and construction thereof, and put such rail- way in such condition that the board of public works may most advantageously do such paving or repaving. The board of public works may order and direct such street sur- Board may face railway company to make such changes in the materials to bJmad"^*^ and construction of said railway as may be necessary to en- able said board to so lay said pavement that it will be work- manlike and durable, and subject to the least possible dis- turbance. Whenever the board of public works shall by resolution declare its intention to pave or repave any street or any portion of any street, in which a water main or a gas 96 CITY CHARTER May order mains or conduits bow assessed CoHSrmation by council main or a conduit for telephone or telegraph wires is not laid or placed, it may by its order in writing direct the lay- ing or placing therein forthwith of such lacking main or conduit. Such order shall he served personally upon aa oflScer or the local managing agent at Elmira of the com- pany affected by said order. In case of the failure or neglect of the company so ordered so to lay said main or conduit, said board of public works may lay or place the same of such size, material, quality and construction as it may deem suitable for said street, and the entire cost and expense thereof shall be a lien, charge and assessment upon the entire property of said company. The board of public works shall forthwith upon completing any such main or conduit ascertain and assess the entire costs and expense thereof so to be borne by said company to said company and the entire of its property; and shall deliver a written statement of such assessment to the common council, which shall cause public notice to be given by publication in one morning daily newspaper and one evening daily newspaper of the city that the same has been delivered to it and that it will on a certain day therein specified, which shall be at least ten days after the first publication of said notice, con- sider said assessment for the purpose of confirmation. At the time so specified any person interested may appear be- fore the common council and apply to have such assessment altered or corrected as justice may require. The common council may thereupon alter and correct and thereupon con- firm such assessment without further notice. The common council shall then deliver such assessment or a copy there- of certified by the city clerk to the city chamberlain. Im- mediately upon the confirmation thereof by the common council, said assessment shall become a lien, charge and as- sessmt^nt hereinbefore provided, and shall remain such until paid. Said assessment shall become due at the expiration of sixty days next sabsequent to said confirmation, and shall be paid within said sixty days. Unpaid assess- Soc. 162. In case any assessment shall have become due Sdure^™" and payable, and any part thereof remain unpaid, it shall be the duty of the city chamberlain to report the same to the city clerk, who shall deliver the report to the common coun- cil. The commc.n council may thereupon issue its warrant under the hands of the mayor and city clerk, and the cor- porate seal of the city, for the collection of such due and un- paid assessment, or the part thereof remaining unpaid, to the city chamberlain, who shall proceed to collect the same a lien When payable CITY CHARTER 97 out of tl'.e persoual property of the corporation or person or persons so assesssed within sixty days after the receipt of such A^ iirrant by said chamberlain. Said chamberlain shall proceed under said warrant the same as a sheriff proceeds under an (execution against the personal property of a judg- ment debtor. If the chamberlain shall return said war- rant at the expiration of sixty days unsatisfied, in whole or . in part, said assessment, or the part thereof remaining un- paid, or in case no warrant for any due and unpaid assess- ment be issued, such due and unpaid assessment likewise shall be enforced as a lien in the following manner: The chief assessor or clerk, in preparing and extending the next succeeding assessment roll for general city taxes, shall in- nacea in as- sort tht-rein against the property on which it was assessed ^''^^'"®°' ^'^ the amount of such unpaid assessment, with interest thece- on at the rate of ten per centum per annum from the time when due to the fifteenth day of April thereafter. Such amount shall be in a separate column from the general city tax to be levied for the current fiscal year, and the entire amount shall be collected as hereinbefore provided in refer- ence to general city taxes; and if such amount is not paid, the land or the property assessed shall be sold therefor asLancUobesoid hereinbefore provided in sections fifty-six and fifty-seven, and said sale and the effect thereof and the rights there- under shall be controlled by the provisions hereinbefore relative to the sale of lands for general city taxes in so far as the same may, be applicable thereto. All moneys received what fund or collected on account of the paving, or repaving, or repair- '^''®'^'*®^ ing pavements, or building or rebuilding or repairing side- walks, shall be by the city chamberlain credited to the pave- ment and sidewalk fund. The expense and cost of laying a water main or gas main or conduit shall be paid from the pavement and sidewalk fund; and when collected shall be by the city chamberlain credited to such pavement and side- walk fund. Gn assessments heretofore unpaid, the prop- erty assessed may be sold for such assessment as heretofore provided in this act. The common council is hereby expressly pavementfuncB prohibited from levying in any one year a sum exceed- "™'*'"^ |ng twenty-five thousand dollars for the pavement and sidewalk fund; nor shall there be levied or raised by taxation a sum which, in addition to the balance to the credit of the said pavement and sidewalk fund at the end of the preceding fiscal' year shall ex- ceed the sum of fifty thousand dollars; except that inoneys received or collected on account of the paving or re- CITY CHARTEK Board of public ■works limited And restricted Main connec- tions, Bewer, water, etc. Expenses, how paid Laid under supervision of board Expense of supervision Repairing, etc., parement.done by board and paid by com- pany paving or repairing pavements, or building or rebuilding or repairing sidewalks, done with the avails of bonds of said city shall not be deemed any part of said balance. The board of public works is hereby limited and restricted in the making of obligations or expenditures from the pavement and sidewalk fund in any one year to the amount of the in- come or receipts of the said fund during the fiscal year in which said work is to be done, and said board shall not have the right in making contracts or expenditures from said fund to anticipate any moneys or assessments owing said fund which are not due and payable within the said current fiscal year. And any member or members of said board making contracts or obligations in excess of the receipts and income of said fund, or of any fund or funds under its charge or control shall be subject to all the liabilities and penalties provided in section forty-seven of this act. Sec. 163. Before any street in which a sewer, water or gas main is placed, shall be paved or repaved, the board of public works shall make, after notice to and failure of the owner or owners of property adjacent thereto and not having the pipe connections hereinafter designated so to do, pipe connections with said sewer, water or gas main, or either thereof as the case requires, therefrom to sidewalk side of the curbing at such locations and of such size and dimen- sions as it may determine; the expense of which connections shall be a charge upon the property or properties adjacent to said street on account of which they were respectively made, and shall be paid or collected in the same manner as the expenses of repairing pavements as hereinbefore provid- ed, and each provision herein relative to the payment or col- lection of the expense of repairing pavement shall be ap- plicable to the payment and collection of the expense of making any such pipe connnection. All connenctions with sewers, water or gas mains, shall extend to the sidewalk side of the curbing on said streets. Any gas or water main or conduit for telephone or telegraph wires shall not be laid or placed upon or in any paved street except under the su- pervision of the board of public works. The actual expense of the supervision shall be paid by the company doing the work, and may be recovered by the board of public works in an action at law therefor in the name of the city, after the refusal of said company to pay the same upon demand therefor. The said board of public works may by its order or regulation require that pavements torn up or displaced or disturbed by any water company or gas company or tele CITY CHARTER 99 pRoneart^egraph company, or street surface railway com- pany, shall be repaired or replaced by the board of public works only, in which event the expense of such replacing or repairment shall be paid by the company necessitating such repairing or replacement and may be recovered in an action at law in the name of the city against said company, or may be collected in the same manner as the expense of repairing a pavement as hereinbefore provided. Sec. 164. All corporations and persons except a street Disturbing surface railway company, constructing a railway under the El'S"'* ^'■°" consent of the common council are hereby prohibited from disturbing, tearing up or removing any pavement or any por- tion of any pavement, or any macadamized street, or any portion thereof, without the written consent thereto of the board of public works, or two of the members thereof. Said board of public works may adopt and enforce such rules and regulations, and may make such order or orders relative to digging or excavating the streets, disturbing, tearing up or removing any pavement or portion thereof, or any macadam ized street or portion thereof, interference with the streets, constructing, repairing or cleaning sidewalks, the placing or removal of shut-offs in water pipes or water mains, or gas pipes or mains in or from the street, or placing of pipe con- nections, the placing of man-holes or conduits, acquiring facilities or opportunities for properly making main and ser- vice pipe connections, the removal and disposition by rail- road companies of the snow from, or thrown or displaced from their track or tracks upon the streets, the maintain- ing in safe, suitable and proper conditions the streets or sidewalks and all matters or things essential to the perform- ance of the duties and the fulfillment of the rights given them by the provisions of this act as it in its judgment may deem necessary and wise. Orders, rules and regulations, orders, rules, general in their character, must be published daily for one t? briSJitoh'S week in one morning daily newspaper and one evening daily newspaper of the city, and shall thereupon become effective and obligatory. Orders, rules and regulations special in their character shall take effect upon the service thereof personally or by mail upon the person or persons affected thereby, unless a different time be specified in such order, rule or regulation. The board of public works shall deter- mine whether improvements herein authorized to be made by them shall be by advertisements for bids and lettings by contracts, or by direct employment, and shall determine the details of such improvements. Whenever the board of pub- 100 CITY CHARTER To advertise lic works Contemplates expending by contract a sum exceed- forbids jjjg g^g hundred dollars for any one piece of pavement or sewer, it shall be the duty of the said board to advertise for bids for such work, and to let such piece of pavement or sewer to the lowest responsible bidder. At the time adver- opening bids tisod all bids shall be opened by some member of the board , or by the clerk, in the presence of the bidders and newspaper reporters there present, though a majority of said board be not then present, and an abstract of all of them, with prices and security offered, shall be immediately copied in a book kept for that purpose without any change, correction or ad- dition whatever. All bidders and reporters of accredited newspapers and the public shall have the privilege of being present when the bids are opened. Said board shall have the right to reject any and all bids. Said board shall cause Map of sewers ^ map to bo made of the sewers and lateral connections now existing, and shall delineate thereon from time to time any sewers and lateral connections that may be constructed or opened with the size and kind of material thereof, and file the same in its office, or the office of the city engineer and sui"veyor. Said map shall during all business hours be open to public inspection. Said board shall audit a properly veri- fied account of the expenses thereof, and certify the same to the common council, who shall audit and pay the same from the general fund. Certain officers Soc. 165. No member of said board of public works, nor 6°ted°in cra-^'^' tbe city engineer and surveyor, nor the superintendent of tract public works, nor any foreman, superintendent or inspector employed by said board, or either of said officers, shall be pencuniarily interested, directly or indirectly, in any bid, letting or contract, to which said board, or either of said officers, shall be a party, or in any job, work ,team or labor of any person employer by it or either of said officers in the discharge of their official duties, and a violation of this sec- tion shall be deemed a misdemeanor. Penalties for Sec. 166. , Auy porsou ueglectiug to comply with or vio- of°boa™™'^^ 1-atiug any order, rule or regulation the. said board is au- thorized, by this act to make,, or any of the proyisions of the city charter relating. to the streets, sidewalks or sewers in said city, shall be subject to a penalty not to exceed twenty- five dollars for each offense; andin case an order requires ' ■ the doing. of any act or< the making of any change, repair or improvement^ to an additional penalty not exceeding fifty dollars, to be fixed by said board in said order for each day CITY CHARTER , 101 on which compliance with and obedience to said order is neglected or refused, to be sued for and recovered by the city of Elmira, and to be credited to the "street fund," and shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or be imprisoned not exceeding fifty days, or both such fine and im- prisonment in the discretion of the court. ARTICLE XI. DEPARTMENT OF FIRE. Section 167. Number of commissioners. 168. Appointments and terms of oflBce. 169. Quorum ; rules and by-laws. 170. Meetings and oath of oflQce. 171. Appointment of firemen and officers. 172. Suspension and removal of members of de- partment. 173. Fire limits. 174. Powers of commissioners. , '■ 175. Erection of buildings in city. 176. Discretionary powers of commissioners. 177. Penalty for violation of regulations. 178. Estimate of expenses. 179. F'unds. 180. Contracts and payments; personal liability of commissioners. 181. Exemption from jury duty. 182. Same. 183. Power to sue and prosecute. 184. Firemens pension fund. 185. Power to retire members of department; amount of pension. Section 167. The fire department of the city of Elmira Fire shall be under the general control and management of flre*®^"""®"' commissioners thereof, who shall be the mayor and two other persons (to serve without compensation), who shall constitute a board of fire commissioners for said city. St c. 168. The present fire commissioners shall respec- Terms of omoe tively continue to be such until the expiration of the term or period for which they are appointed. At the first reg- Appointment lar ineeling of the common council after the expiration of the terms of office of the present fire commissioners, 102 CITY CHARTER Organization of board Rules, etc. respectively, or as soon thereafter as may be, the mayor shall nominate from the electors of said city, and by and with the consent cf a majority of all the members of the common council, appoint fire commissioners to fill such vacancies. At the first regular meeting of the common council in Jan- uary, ninexcen hundred and seven, and at the first regular meeting of the common council in January in each year thereafter, or as soon thereafter 9,8 may be, their successors shall be appointed in the same manner, each of whom shaU hold his ofl&ce for a period of two years. All appointments of said commissioners shall be so made that not more than one of said commissioners and the mayor shall be adherents of the same political party. Sec. 169. The mayor shall be president and the city clerk shall be clerk of said board, and any two of said com- missioners shall form a quorum for the transaction of any business other than the appointment or dismissal of mem- bers of the fire department, and such board may adopt rules and by laws for the government thereof, and also may es- tablish, promulgate and enforce proper rules, regulations and orders for the good government and discipline of the whole department, and cause a suitable number of copies thereof to be printed for the use of the department, pro- vided that such rules, regulations or orders shall not con- flict with any of the provisions of this act, or with the laws or constitution of this state or of the United States; and said board shall have the charge and control of the fire en- gines, other apparatus and teams used for the extinguish- ment of fires, and shall have authority to purchase all neces- sary supplies therefor, and to make all needful repairs thereto. Oath of office Sec. 170. The said fire commissioners, when entering upon the duties of their office respectively, shall take upon Meetings themselves the usual oath of office, and shall meet at the mayor's office or at any other suitable place, at such time as may be expedient, or as they shall, from time to time, designaic, and on special occasions, as the mayor may ap- point, in writing, notice of which shall be served on such commissioners personally or be left at the place of resi- dence or of business of such commissioners respectively; and if either of said appointed commissioners should be elected to and accept the office of mayor, then the mayor and com- mon council shall proceed as in case of vacancy, and no al- derman-shall be eligible for appointment as fire commis- Control of engines, etc CITY CHARTER 103 sioner, and any of the appointed commissioners who shall hereafter be appointed to any political office in the city, and shall not, within ten days, publicly decline the same, shall be deemed to have vacated his office of said commissioner. Stec. 171. It shall be the duty of said board of fire com- Appointment missioners to select from time to time and unanimously ap-°"'""°»" point, by warrant of appointment, bearing the signatures of all three of said commissioners, and to be immediately filed with the city clerk, so many permanent firemen who shall be electors of said city as they may deem necessary. And said board shall, in like manner, also appoint one chief en- cwef engineer gineer and such assistant engineers as said board may deem***- necessary, through whom said board may promulgate all rules, regulations and orders to the whole department, and who shall have the immediate direction and control of the said department, subject, however, at all times, to the rules, regulations and orders of said board; and such chief en- gineer and assistant engineeer and each fireman appointed in the manner aforesaid, may hold his respective office, dur- Term of office ing good behavior or until said board, by unanimous vote shall decide such chief engineer, assistant engineer or fire- man to be incompetent or inefficient and cause his removal ; aemoTai but in (^ase of misconduct on the part of such chief engineer or fireman, then he may be removed by the decision of a ma- pority of the said board, as hereinafter provided; and in case said board, by reason of disagreement or otherwise, should fail to appoint, in the manner above specified, such chief en- gineer or necessary fireman, then a majority of such board may nominate, and, with the approval of the common coun- cil, by a concurring vote of at least two-thirds of the com- mon council elected, may appoint such chief engineer or fire- councu. when man, and upon warant of appointment, duly filed, shall ap- ""^ "ppo™* pear the approval of the common council, properly certified by the clerk, and all such appointments shall have the same effect as if made by the unanimous action of the board here- inbefore provided. Sec. 172. The mayor, or any one of said commissioners, suspension of OP the chief engineer, at any time, upon charges being pre- "•«»*'«" forred, or upon finding any member of the fire department guilty of misconduct, shall have power to suspend such mem- ber of the fire department from service, until the board of commissioners shall convene and take action in the matter, I)rovided, however, that such member shall not remain so suspended for a longer period than thirty days without an 104 CITY CHARTER Discharge or restoration o£ Pay during suspension Fire limits May provide for fire proof structures opportunity of being heard in his own defense; and upon hearing the proofs in the case, a majority of such commis- .gioners may discharge or restore such member in accordance with tlu- decision of the majority of such board thereon; and the pay or salary of any member shall cease from the time of suspension to the time of restoration to services,- unless otherwise ordered by said board of commissioners in its writ- ten decision, which shall be filed with the city clerk; and any violation of the rules, regulations or orders of the board or orders of any superior shall be good cause of removal. Sec. 173. No wall, structure, building, part or parts thereof, shall hereafter be built, constructed, altered, repair^ ed or removed in said city within the following limits, name- ly: Beginning at a point in the center of East Ghurch street and in the corner of Madison Avenue; thence south in the center of said aveniie to the low-water mark of Ohemung river ; thence westerly along said low-water mark of said river to a point in the center of Columbia street; thence north along the center of Columbia street to the center of "West Church street; thence east along the center of West Church street to the center of College avenue ; thence north along the center of College avenue to the center of West Fifth street ; thence east along the center of West Fifth street to the center of Baldwin street; thence south along the center of Baldwin street to the center' of Bast Second street; thence east along the center, of East Second street to the center of Madison avenue ; thence south along the center of Madison avenue to the place of beginning. Beginning at low-water mark of the Chemung river in the center of Sly street; thence southwesterly along the center of Sly street and Pennsylvania avenue to the center of Partridge street ; thence west along the center of Partridge street to the cen- ter of Harmon street, thence north along the center of Har- mon street to the low-Water mark of the Chemung river; thence east along said low-water mark of said river to the place of beginning, except in conformity with the provisions of this act; and the said board of fire commissioners shall have poAv^er within said limits to direct and provide that every such wall, building, structure, part or parts thereof, which shall hereafter be constructed, built, altered, repair- ed or removed within said limits shall be constructed of brick or stone or some metallic or incombustible material, with partition walls, fireproof roof and brick, stone or metal- lic cornices and eaves troughs. CITY CHARTEK 105 Sec. 174. The said board of fire commissioners shall Prevention and have power and it shall be their duty to regulate the con- S^ ares struction of chimneys, flues, stove-pipes and other conduc- tors of smoke, and prevent the dangerous construction or condition of chimneys, fireplaces, hearth-stones, stove-pipes, ovens, boilers and apparatus used in any building or manu- factory in said city, and to cause the same to be removed or placed in a safe and secure condition when considered dangerous; to prevent the deposit of ashes in unsafe places; to regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires ; and to regulate and prevent the use of fireworks within the city limits; to com- May prevent pel the owners and occupants of houses and other buildings workl^"'^'^'' to have scuttles in roofs and stairs and ladders leading to the same ; to k^ep away from the vicinity of any fire, all idle and suspicious persons; to compel all officers of the city and otlior persons to aid in the extinguishment of fires, and in the preservation of property exposed to danger thereat; to compel the construction of suitable fire-escapes and means Fire escapes of egress from all theaters and places of amusement, hotels, churches and factories, and other buildings and generally to establish such regulations for the prevention and extin- General regu- guishment of fires and the safety of occupants of buildings, **'°"^ as they may deem expedient. Said fire commissioners and chief engineer shall also be fire wardens and possess all the power of fire wardens under this act. They shall have Firewardens power at all reasonable times, and it shall be their duty; to enter into and examine all buildings, lots, yards and premises in the daytime ; to inspect all places therein where fires are used; to ascertain how ashes are kept, and to direct obedience to all the provisions of this act and rules and regulations of the board of fire commissioners relating to the prevention of fires and to the construction, alteration, removal and repairs of all buildings in said city. The rules Publication and regulations to be adopted by the said board of fire com- regSfwons misioners, under the provisions of this act shall be publish- . ed in the same manner as is now provided by this act or for the publication of city ordinances adopted by the common conucil. Sec. 175. Before the erection, construction, alteration or Erection of repair of any building or part of any building within the inflrilfmite'^" limits hereinbefore defined is commenced, the owner shall submit to the board of fire commissioners a detailed state- ment in writing of the specifications of such proposed build- ing, erection, alteration, removal or repair, which shall be 106 CITY CHARTER Statement accompanied by a statement in writing, sworn to before an oflioer duly authorized to take proof and acknowledgment of deeds, giving the full name and residence of the owner or each of the owners of said building or proposed building, with street and number where same is to be placed. If such erection, construction, alteration, removal or repair is proposed to be made by any other person than the owner or owners of the land in fee, the person or persons intending to make such erection, alteration or repair shall accompany said detailed statement of the specifications with a state- ment in writing, sworn to as aforesaid, giving the full name and residence of the owner or owners of the land, and also of every person interested in said building or proposed build- ing, either as owner, lessee or in any representative capac- ity; such sworn statement may be made by the agent of the person or persons hereinbefore required to make the same, and the same, with the copy of said specifications, shall be kept on file in the office of the board of fire commissioners; and the erection, construction, alteration or repair of said building or any part thereof shall not be commenced or pro- ceeded with until said sworn statement shall have been so filed, and said specifications have been approved by the chief engineer. But the board of fire commissioners may in their discretion and for reasons to be stated in writing and filed with the plans and specifications, dispense with the making of said sworn statement in any case. Any false swearing in a material point in any statement submitted in pursuance of the provisions of this section, shall be deemed perjury and shall be punished as such. Powers reiatiTe Scc. 176. The board of fire commissioners shall have full rf^MtraettoiJ power in passing upon any question relative to the mode, ofbuudings manner of construction or materials to be, used in the erec- tion, alteration or repair of any buildinft. within the limits hereinbefore defined, to make the same conform to the rules and regulations established by them for the construction thereof, and shall also have discretionary power upon agpli-, cation therefor to modify or vary any of the rules and regula- tions by them made to meet the requirements of special cases where the same do not conflict with the public safety and the public good so that substantial justice shall be done, but no such deviation shall be permitted, except a record of the same shall be kept by said board of fire commission- ers, and a certificate be first issued to the party applying for the same. CITY CHARTER 107 Sec. 177. The owner or owners of any wall, structure, Penalty for building, part or parts thereof hereafter to be built, con- ^^||"°° °' stmcted, altered, repaired or removed within the limits hereinbefore defined, of any kind whatsoever, whether he or they be the owner or owners in fee of the land, or lessee or lessees thereof, or shall have a qualified or contingent inter- est therein by virtue of some agreement or contract in writ- ing or in any other manner, and any master architect or ar- chitects, builders, carpenters or masons, who may be employ- ed or assist therein, and any and all persons who shall vio- late any provisions of this and the foregoing sections, or any rule -and regulation duly adopted and published bj said board in pursuance of the provisions of this act, shall sever- ally and for each and every such violation respectively for- feit and pay a penalty in the sum of fifty dollars, for the re- covery of which an action may be brought in the name of the city of Elmira in any court of competent jurisdiction. The said board of fire commissioners is hereby authorized power to remit in its discretion, good and sufficient cause being shown °°**' **"• therefor, to remit any fine or fines, penalty or penalties, which any person or persons may have incurred, or may hereafter incur under the provisions of this act. Any court injunction of record in said city or any judge or justice thereof, shall have power at any time after the service of notice of violation of any of the provisions of this act, or any of the rules or regulations of the board of fire commissioners duly adopted and published in accordance with the provisions of this act, and upon the affi- davit of the chief engineer, or any member of the board of fire commissioners, to restrain by injunction the further progress of any violation, and no undertaking shall be re- quired as a condition to the granting or issuing of such in- junction, or by reason therof . Any person violating any of uisdemeanor the provisions of this act, or any of the rules and regulations of the board of fire commissioners duly adopted and publish- ed, shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine not exceeding fifty dollars, or be imprisoned not exceeding six months, or both such fine and imprisonment, in the discretion of the court. Sec. 178. The said board of fire commissioners shall Annual within thirty days after the commencement of each fiscal ««*""''** year, report to the common council the amount of money estimated by them to be necessary to be expended by said 108 CITY CHARTBE For wages For repairs and supplies For new apparatus For buildings General Statement of moneys on hand Council to cer- tify amounts fixed Contracts Accounts board for each of the following purposes for the current year, namely: a. To pay the salary and wages of chief engineer and as- sistant engineers and firemen, and other subordinate em- ployes of the fire department to be designated "fire depart- ment fund — wages." b. To defray the expenses of keeping in good repair and condition the fire engines, fire alarm telegraph, and other apparatus and teams used for the extinguishment of fires, and the buildings occupied by the fire department, and of purchasing all necessary supplies, not including hose, there:- for, and of extending the fire alarm telegraph, to be desig- nated "fire department fund-^^repairs and supplies." c. To defray the expenses of purchasing new fire engine teams and apparatus used for extinguishing fires, including hose, to be designated "fire department fund- — ^new appara- tus." ' , ,. d. to defray the expenses of . purchasing or renting new premises, or of erecting new buildings for the purposes of the fire department, to be designated "fire department. fund — buildings." e. To defray the contingent' expenses of the fire depart- ment not otherwise specified to be designated "fire depart* ment fund — general." The said board of fire commissioners shall also include in said reports a statement of the amount of nioneyS on hand to the credit of each of said funds, and the amount receiv- able during each year by said board for fire department pur- poses, other than from city taxes. ■ Sec. 179. After the common council shall hate fixed the amount to be expended for each and all of said purposes, the common council shall thereupon certify the same to the' board of fire comniissioners and also to the city chamber- lain. The city chamberlain shall thereupon credit to each of said fire department funds the amount so allowed for each fund respectively by the common council. Sec. 180. All contracts by and in behalf of the city of Elmira for such purposes shall be made by said board of fire commissioners. It shall be the duty of said board to keep accurate account of its receipts and expenditures for each of such purposes separately; and it shall not be lawful to ex- pend any portion of the money raised for the use of any one CITY CHARTER 109 of said funds for the purposes of any other of said funds, except by the permission of the common council. In case such permission be given by the common council, the com- mon council shall certify the same to the board of fire com- missioners, and also to the city chamberlain, who shall re- adjust their accounts of said funds accordingly. In case of serious damage to any of the property under the control and Extraordinary management of the said board of fire commissioners by fire, ^^^^^^ cyclone, or similar unusual accident requiring immediate and extraordinary expenditures, the common council may transfer from the general fund of the city to the appropriate fire department fund such sum as it may deem necessary to meet such unusual and extraordinary expenditures, and shall thereupon certify the same to the city chamberlain and to the board of fire commissioners, who shall readjust their accounts of said fire department funds accordingly. Said board of fire commissioners shall audit and certify to the Audits common council of said city all just demands and claims pre- sented to it for purchases by said board and for all work, labor and services rendered under its employment and all expenditures by it herein authorized. In case any expendi- ture shall be contracted by said board of fire commissioners for any of such purposes in excess of the amount properly standing to the credit of said fund on the books of the city chamberlain the city shall not be liable upon said contract, personal but the members of the board of fire commissioners voting in liability favor of such expenditure shall be personally liable there- for. The said board of fire commissioners shall make a Quarterly quarterly report of their expenditures to the common coun- '"'^°''^ cil, which shall be published with the proceedings of the common council. Sec. 181. The fire commissioners and all members of the Exemption fire department of this city shall be exempt from serving on 2;°ty,?tZ juries in all cases, and from serving in the militia, except in case of war, invasion or insurrection. The name of each per- son appointed tp any of the said offices or posts shall be registered with the city clerk, and the evidence to entitle him to any exemption provided in this section shall be the certificate of the clerk, made T^ithin the year in which the exemption is claimed. Sec. 182. Every fireman who shall hare faithfully serv- certificate of ed as such in said city, including as well any period before exemption as after the passage of this act, five consecutive years, shall 110 CITY CHARTER be thereafter exempt from serving on juries in all courts, or in the militia, except in case of war, invasion, or insurrec- tion, and the evidence to entitle such person to the exemp- tion, as provided in this section, shall be a certificate under the corporate seal, signed by the mayor and clerk. Power tosue, Scc. 183. The said board of fire commissioners may sue *'"• and prosecute in the name of the city of Elmira, for and recover the fines and penalties giveai by law for a violation of any of the provisions of this title, which collection shall be paid to the city chamberlain. Pension fund Sec. 184. There shall be established in the city of El- mira a firemen's pension fund, which shall consist of: Consist of 1. All securties, property and moneys which, upon the property passage of this act, are in the possession of the treasurer of the firemen's pension fund belonging to the said pension fund. Tax on foreign 2. Two-thirds of all moueys which may be hereafter re- insurance, etc. (.eived or collected from the two per centum tax on foreign insurance corporations, associations or individuals, or agents thereof, doing business in the city of Elmira, under the pro- visions of section one hundred and thirty-three of the insur- ance law, and two-thirds of all moneys which may be here- after received or collected from the one per centum tax on all premiums or assessments collected or received by foreign fire insurance companies, associations and individuals not authorized to do business in this state by the superinten- dent of the insurance department for insurance upon prop- erty situated within said city of Elmira, under the pro- visions of section one hundred and thirty-three-a of the in- surance law, after deduction from the full amount of said two per centum tax and said one per centum tax of the ten per centum of said tax directed by the provisions of said sec- tions of the insurance law, to be paid to the treasurer of the firemen's association of the state of New York for the sup- port or maintenance of the volunteer firemen's home at Hudson^f New York, and two-thirds of all moneys which may be hereafter imposed under any other general law of the state as a tax or license fee upon the business of insurance within the city of Elmira, and payable under the provisions of any general law for the payment thereof to or for the benefit of local fire departments or firemen's benevolent as- sociations or exempt or veteran firemen's associations, after deduction therefrom of the amount, if any, directed by such general law to be paid for the support or maintenance of the CITY CHARTER 111 Tolunteer firemen's home at Hudson, New York; and the one-third balance of said two per centum and one per centum taxes, after deduction of said ten per centum for the support and maintenance of the said firemen's home, and the one-third balance of such tax or license fees as may be im- posed and payable, as aforesaid, under any other general law, as aforesaid, shall be paid by the officer to whom the same is payable and receiving the same, to the Elmira ex- empt fire association of the city of Elmira, New York, a cor- iwration duly incorporated under the provisions of article two of the membership corporation law, composed of exempt volunteer firemen of said city, for the purposes of said cor- poration. 3. All fines^ penalties, and forfeitures that from time to Fines and time may be hereafter collected from any officer or member p*"*'"®^ of the fire department of said city by way of discipline col- lectible from pay or salary. 4. All rewards, fees, gifts or emoluments that may be Rewards, etc. paid or given for extraordinary services rendered by any officer or member of said fire department, except when al- lowed to be retained by said officer or member by the board of fire commissioners, or given to endow a medal or other permanent competitive reward. 5. All sums of money or property that may be contrib- contributions, uted by gifts or raised by entertainments given for that pur- *'"■ pose. 6. All moneys realized, derived or received from the saie ot ^^ sale of condemned, unfit and unserviceable property belong- ° ^''°^ ^ ing to, or in the possession, or under the control of the fire commissioners, where the same does not exceed the sum of one hundred and twenty-five dollars in value for any one article. 7. Five per centum of all moneys received and paid into Excise money the city treasury for excise taxes upon the business of traf- ficking in liquors under the liquor tax law. 8. And such percentage of the wages of the members percentage of of the department as the said board of trustees may from ''***' time to time determine. Sec. 185. The members of the board of fire commission- Board of ers, and their successors in office, are hereby constituted the *™****^ board of trustees of the firemen's pension fund. The said board of trustees shall have the control, management and distribution of said fund, as provided by this act and not otherwise. The mayor shall be chairman and the city 112 CITY CHARTER Treasurer Secretary Who may be retired chamberlain treasurer of said board of trustees. The clerk of said board of commissioners shall be secretary of said board of trustees and shall serve without extra compensa- tion. Said treasurer of said board of trustees is hereby de- clared to be the treasurer of the fire department of said city of Elmira within the scope and meaning of the insurance law being chapter six hundred and ninety of the laws of eighteen hundred and ninety-two. When this act takes ef- fect, the president of the board of fire commissioners shall call a meeting of the officers hereby designated to constitute such board of trustees, for the purpose of carrying the pro- visions of this chapter into effect. The said board of trus- tees is hereby authorized to adopt rules and regulations for its government; it shall determine all applications for pen- , sions according to the provisions of this chapter, and shall cause to be kept a full and complete record of all its pro- ceedings and meetings. 1. The board of fire commissioners shall have the power and authority, by a majority vote, to retire or discharge from all service in the fire department,^ any officer or member thereof who may be found on examination by the surgeon of the department, duly certified under oath, disqualified physically or mentally for the performance of his duties in the department, by reason of long service, disease or dis- ability caused or induced by the actual performance of the duties of his position, without fault or misconduct on his part, but such member shall remain under the orders of the. board of fire commissioners, who may at any time order him to do such duty, of which he is capable, as may be decided to be for the best interests of the fire department, and while so doing he shall be paid the same salary as that received by the other members of the department of the same rank. Disability 2. Every officer or member of said department who may servfee^te'™^ liave becomo permanently incapacitated from performing full duty as a fireman by reason of disease or disability caus- ed or induced by injury or by long service and exposure (while in the line of his duty as a fireman, without fault or misconduct on his part, may, on his own application^ be re- tired 'from service by a majority vote of such board of fire commissioners, provided the applicant has been examined by the surgeon of the department and his sworn certificate filed, showing that the applicant is permanently disqualified from performing the duties of a fireman. A pension shall be granted and paid to each person so retired, from the said firemen's pension fund, equal to one-half the annual com- Amount of pension CITY CHARTER 113 pensation allowed him as a salary at the date of his retire- ment from the service, or such less sum in proportion to the number of officers and members so retired as the condition of the fund shall warrant, from time to time. Any officer or member of the said fire department who may become sick from natiiral causes, or injured while on duty shall receive compensation from the wage fund in an amount and for a period to be fixed by the board of fire commissioners or until retired or discharged under the provisions of this section. 3. Thi- widow, minor child or children or dependent wijo-w, etc., to parent or parents of any deceased officer or member of gaid''^°^!™^®°^°" fire department, who has served ten or more consecutive years therein and whose death occurs during his service in said fire department, or after he has retired on account of disability, or is discharged as hereinbefore provided by rea- son of his having become physically or mentally disquali- fied from performing his duty, may be allowed from said fund an allowance or pension, and the widow, minor child or children, or dependent parent or parents of any officer or member of said department who has been killed in the ac- tual performance of his duty, or who has died from injury while in the performance of his duty, without reference to the kngtJi of time such officer or member has served in said fire department, may be allowed from said fund an allow- ance or pension; the amount of such pension shall be deter- mined upon the following conditions, but it may be fixed from time to time by a majority vote of the board of trus- tees at such sum, not exceeding the following ma'ximum limit, as the condition of the fund may warrant, in the judgment of said board of trustees. a. To the widow of such officer or member, a sum not Amount of exceeding twenty-five dollars per month. But upon her deatJi or remarriage such pension shall cease. b. To the children of such officer or member under the cMWren. age of sixteen years, if there be no widow, or if the widow dies, a sum not exceeding twenty-five dollars per month; but if there be both widow and children, each child may be allowed the sum of five dollars per month, if the state of the fund should warrant it in the judgment of said board of trustees. But all payments to any child shall cease when such child becomes sixteen years of age. The whole amount paid to the widow or minor child or children of any officer or member shall not exceed thirty dollars per month collectively; and the board of trustees shall have the mght at any time, to cancel any pension that may be granted to 8 114 CITY CHARTER To parent Tension; how paid Application of act the child or children of any widow who marries, and such canoellation shall not Ibe subject to review or reversal by any court. This provision shall apply only to the widow of such officer, member or pensioner, who was his wife at the time of his retirement under this act, or at the time of his death while in service, and to his children by her or by a i>rior wife. c. To the dependent parent or parents of such officer or member, the sum not exceeding twenty-five dollars per month. No pension shall be paid to a dependent parent or parents in case the officer or member of said fire depart- ment so dying shall leave him surviving a widow or minor child or children. No more than one pension shall be paid in case both parents survive, and it shall not be obliga- tory on said board of trustees to grant or allow any pension or to charge the same to the pension fund, but they may in all cases exercise their discretion in the matter, except in the case of a fireman who shall have served in said fire de- partment at least twenty-five years, and to such fireman a pension shall be granted pursuant to the provisions of this act. 4. Said board of trustees shall pay the pensions as al- lowed and fixed by this act, from said pension fund, to the pensioner in a check payable to the order of said pensioner to be mailed to him, on or before the fifth day of each and every month, or in case the said board of trustees shall deem it expedient said check shall be delivered to said pensioner on or before said date, by one of the members of said board personally and not otherwise, and said board of trustees may, in its discretion, pay the pension of said minor child or children to the mother or to their general or testamentary guardian, or to the person or persons who shall have the care of said minor child or children and the decision of said board of trustees as to what is deemed for the best interest of said minor child or children shall be final and conclusive, and payment according to its determination of the pensions herein provided for shall be a full discharge for the moneys so paid. 5. This act shall apply to all who now are or shall here- after become officers or members of the fire department of the city of Elmira, ^and all such persons shall be eligible to the benefits secured by the creation of this fund. 6.- Pensions, as provided in subdivisions two and three of this section may be paid to officers and members of this CITY CHARTER 115 department who have been discharged or retired as there- in provided, and to the widow, minor child or children, or de- pendent parent or parents of any officer or member who has been killed in the discharge of his duty or who has died of injury caused by accident while on duty or died from any cause after ten or more years of consecutive service prior to the passage of this act, but no back pensions shall be either allowed or paid. 7. All moneys ordered to be paid out of said pension Pension; fund to any person or persons shall be paid by the treasurer '^'"^ ^^"^ only upon warrants signed by the chairman of the board and countersigned by the secretary thereof, and no war- rant shall be drawn except by the order of said board duly entered on the record of the proceedings of said board. Said board of trustees is hereby authorized to deposit said fund investment in any of the banks of the city of Elmira upon receiving ade- °' *"°*^ quate security therefor, or to invest the same in bonds and mortgages on improved real property worth twice the amount loaned, or in bonds of the United States or of this state or of the city of Elmira, or of any city, county, town or village of this state issued pursuant to the authority of the laws of this state, and in securities in which the funds of savings banks, under the laws of the state, may be invested. All interest, income or dividends which shall be paid or agreed to be paid on account of any loan or deposit, shall be- long to and constitute a part of said fund. Nothing herein contained shall, however, be construed as authorizing the treasurer to loan or deposit said fund or any part thereof unless so authorized by the board. 8. The board of trustees shall make a report of the con- Reports dition of said pension fund to the common council in the month of January in each and every year, in which report there shall be clearly set forth a complete itemized state- ment of all receipts and disbursements, giving the name of each and every person, corporation or association from whom any money has been received on account of said fund together with the total amount thereof, and every per- son who has received any benefits from said fund and the amount thereof. And it shall be the duty of the treas- urer of said board of trustees, within sixty days after the first day of February in each and every year, to furnish the corporation counsel of the city of Elmira a complete list of all insurance companies, or their agents, who shall not then have paid to said treasurer the whole of the two per centum tax on foreign insurance as prescribed by law; whereupon 116 CITY CHARTER the said corporation counsel shall forthwith institute what- ever legal proceedings may be necessary to compel such de- linquent companies, or their agents, to make proper pay- ment to said treasurer of such overdue tax. Firemen's lot 9. Subject to the rules and regulations of the ceme- tery commissioners, the said Elmira exempt fire association of the city of Elmira, New York, shall have the care and charge of the lot in Woodlawn cemetery, known as the fire- men's lot, which was heretofore purchased by moneys from the so-called firemen's relief fund; and out of the moneys directed to be paid to said corporation, under the provisions of subdivision two of section one hundred and eighty-four of this act, may erect markers or headstones over the graves of such firemen and exempt firemen, as have been heretofore, or may be hereafter interred in said lot, and properly keep, maintain and care for said lot. ARTICLE XII. DEPAETMENT OF POLICE. Police commissioners 190. 191. 192. 193. 194. 195. Section 186. Appointment of commissioners, terms of office. 187. Oath of office. 188. Annual meeting of commissioners. 189. Quorum; powers. Salaries of police force; funds. Personal liability of commissioners. Removal of policemen. Suspension of policemen; vacancies. Vacancy, how filled in case of disagreement. Special policemen. 196. Special police constables. 197. Officers of department. 198. Duties of chief of police. 199. Powers and duties of policemen. Section 186. The police department of the city of El- mira shall be under the general control and management of the board of police which shall be composed of the mayor and four police commissioners until January first, nineteen hundred and seven. On and after January first, nineteen hundred and seven the said board of police shall be com- posed of the mayor and two police commissioners. The CITY CHARTER 117 present police commissioners shall continue to be such un- til the expiration of the term for which they were respec- tively appointed. There shall be no successors appointed to succeed the two commissioners whose terms of office ex- pire December thirty-one, nineteen hundred and six. At the meeting of the common council on the first Mondav Appointment in January, nineteen hundred and eight, and every second"* year thereafter, the mayor shall nominate from the electors of said city, not holding any other city office, and by and with the consent of the common council manifested by the concurring vote of at least a majority of all the members of the common council, including the mayor, shall appoint two police commissioners for a term of two years to succeed the two whose terms of office shall have expired. The term of office of every police commissioner shall commence on the day next after his appointment aforesaid. All appoint- Different ments of police commissioners, however, shall be so made parttT' that not more than one of the police commissioners and the mayor shall be adherents of the same political party. Sec. 187. Every person appointed to the office of police Oath ot office commissioner shall, before entering upon the duties of such office, take the constitutional oath of office. No police com- missioner shall receive any compensation for his services as such commissioner. Any person appointed police com- missioner who shall after his appointment and prior to the expiration of his term of office as such commissioner be elected or appointed to any other city office, and shall not within ten days, after such last mentioned election or ap- pointment, file with the city clerk a written declination of such other city office shall be deemed to have vacated his office as such police commissioner. No person who has been appointed a police commissioner shair incur any penalty by refusing to accept or qualify for any other city office to which he may thereafter be elected or appointed prior to the expiration of the term of office as such police commis- sioner. Sec. 188. A stated meeting of the board of police com- stated missioners shall be held annually on the second Monday in °'««''°g^ January. The mayor shall designate the place and time of day of such meeting, and shall give reasonable notice of such designation to each of the police commissioners, whose terms of office shall not expire prior to such day, and also to eaeh person who shall have beeen appointed police com- missioner. The mayor shall be president of the said board, president 118 CITY CHARTER and shall have a vote upon all questions coming before said board. Quorum of policemen Bules, etc. Sec. 189. The presence of a majority of the board shall constitute a quorum for the transaction, at any stated or regularly called meeting of said board, of all business ex- cept the appointment of a member of the regular police force. The vote of all the members of the board shall be necessary for the appointment of a member of the regular police force. The board of police shall adopt rules and by-laws for the government of such board, and provide for the times and places for holding the stated and special meetings thereof, and for the manner of calling special meetings of said board, and shall also establish, promulgate and enforce proper rules, regulations and orders, not in- consistent with this act and the statutes of the state, for the good government of all members of the regular police force and special jjolicemen, and shall cause a suitable number of such rules, by-laws, regulations and orders to be printed Clerk of board for the use of the police department of said city. The city clerk shall be the clerk of said board of police commission- ers. Such clerk shall keep the minutes of the meeting of said board, and shall perform such other duties as shall be prescribed by the board. Annual estimate When to fix salaries Transfer of funds Sec. 190. The board of police shall annually, at the last stated meeting of the common council in January of each year, report to the common council the amount of money which shall, in its judgment be necessary to pay the current expenses of the police department, including the salaries of the regular police force and excluding the compensation of special police constables for the ensuing year, together with a detailed statement of all the opera- tions of the police department during the preceding year. The said board shall during the month of. June in each year fix the salaries of the several members of the regular police force. The said board in determining such salaries, shall have reference to the amount of money fixed by the common council for defraying the expenses of the police department, including the salaries of the oflflcers of said department, for the fiscal year, and shall limit the expenses of said' de- partment, including said salaries, so as not to exceed the amount thus fixed and determined by the common council The common council may, upon the application of the board of police, at any time during the fiscal vear, after such de- termination, transfer from the general fund of the city to CITY CHARTER 119 the police department fund, such sum as it may deem neces- sary to meet the unusual and extraordinary expenditures thereafter to be made by the board of police. Sec. 191. In case any expenditure shall be contracted by Personal the board of police in any fiscal year, in excess of the amount "**"""' properly standing to the credit of the police department fund on the books of the city chamberlain, the city shall not be liable upon any such contract, but the members of the board of police, voting in favor of such expenditure, shall be personally liable therefor. Sec. 192. No member of the regular police force shall Eemovai of be removed therefrom, except by the concurring vote of all p"'^''™^" the members of the board of police at a stated or regular meeting of said board, and except for inefficiency, miscon- duct or neglect of duty and after reasonable notice of the charges against him and an opportunity to be heard in his defense before said board. Sec. 193. Any member of the board of police may at suspension of any time suspend any member of the regular police force, polos'"™ until such time as said board of police shall convene and take action in the matter, provided, however, that such member of the regular police force shall not remain so sus- pended for a longer period than thirty days. Unless such suspended officer be removed within said period of thirty days, as hereinbefore provided, his suspension shall termin- ate at the expiration of said thirty days. In case of such restoration to service by failure of the board to remove him as aforesaid, such suspended member shall be deprived of pay during the period of his suspension, unless said board, by the concurring vote of all the members, shall otherwise determine. Whenever any vacancy shall occur in the regu- vacancies lar police force, the board of police may fill such vacancy by an appointment of an elector of said city, who shall have been a resident of said city for at least one year prior there- to. Sec. 194. In case said board, by reason of disagree- when council ment, or otherwise, shall fail to fill such vacancy as afore- *° '"'°''"'' said, within thirty days after such vacancy shall occur, then said board, by the concurring vote of two members, may nominate, and with the approval of the common council, by a concurring vote of at least two-thirds of the members of the common council, elected, including the mayor, may ap- point an elector of said city to fill such vacancy. 120 CITY CHARTER Special police constables of Offlcera, how appointed Special Sec. 195. The said board may also in its discretion, at po cemen ^-^^ reqxiest of any person, firm or corporation in said city, appoint such number of special policemen as said board may deem necessary, but such special policemen shall serve without pay from the city; shall be under the control of the board of police, and shall be removable at. the pleas- ure of said boarl. No member of the regular police force shall be detailed for duty outside the city, except to execute legal process issued out of a court therein. Sec. 196. The mayor of said city may, whenever in his judgment the public interest shall require, appoint special police constables, not exceeding twenty-five in number, who shall hold office by virtue of such appointment for such period as the mayor shall direct, not exceeding two weeks under any one appointment. Such special police con- cpmpensation stablcs shall receive such compensation as shall be fixed by the mayor, not exceeding, however, the rate of compensa- tion allowed to the regular police force, which compensa- tion shall be paid out of the general fund of said city. Sec. 197. The board of police may, by the vote of four members during the year nineteen hundred and six, and by unanimous vote thereafter, and it shall be their duty to ap- point a chief of police of said city, and to appoint from the regular police force one inspector, one captain, one detective sergeant, two roundsmen, and one or more regular police constables. The said board of police may by like vote ap- point other members of the regular police force to such other offices as said board, in its discretion, may deem neces- sary and proper. The said board may, by like vote by which such appointments are made, respectively, from time to time, in its discretion, change any of such appointments. The said board of police shall prescribe the duties, respec- tively, of the chief of police, the inspector, the captain, the detective sergeant, the roundsmen, the police constable, and > such other subordinate officers as may be designated by it as aforesaid, which duties, however, shall not be incon- sistent with the statutes of this state. The said board of Tatroi drivers police commisiouers may, in its discretion, employ not to ex- ceed two patrol drivers. Chief of police Sec. 198. The chief of police shall have immediate con- trol of the members of the regular police force and special policemen, subject, however, at all times, to the rules, regu- lations and orders of the board of police, and subject, also, to the orders of the mayor, not in conflict therewith. The May change appointments Duties of officers CITY CHARTER 121 police constables shall perform their duties as prescribed by the board of police, under the direction of the recorder. The chief of police and the captain of the night watch shall captain night have the power and authority of a captain or sergeant of ™"=^ police, as provided in section five hundred and fifty-four of the code of criminal procedure. Sec. 199. The clerk of the board of police shall forth- certmoates of with file with the city clerk duplicate certificates, in writing, appointment signed by the president and clerk of said board, of every ap- pointment made by such board. The mayor shall forth- with file with the city clerk duplicate certificates in writing, of every appointment of special police constable made by him. Every person appointed a member of the regular po- oathof oaice lice force, a special policeman, or a special police constable shall, before entering upon the said office, take the constitu- tional oath of office and subscribe the same in a book kept by the city clerk, and thereupon there shall be appended to each of the duplicate certificates of his appointment, a cer- • tificate signed in writing by the mayor and city clerk, to the effect that such appointee has taken such oath, and is a fully commissioned officer, in accordance with such appointment, one of which duplicates shall thereupon be delivered to such officer, and the other thereof shall be kept on file in the city clerk's office. The members of the regular police force, special policemen, and special police constables shall all be policemen of f-aid city, and shsll possess in criminal cases powers and and proceedings all the common law and statutory powers f "relf con^"""* of policemen and constables, except for the service of civil st^^i^s, etc. process, and shall have the exclusive power of serving all criminal warrants, or other processes issued by the recorder, acting lecorder, mayor, common council or a commit :ee of the comniim council, in any part of ■>■ he state, without any indorsement 1 1 ^uch warrant. It shriil also be their duty, and they shall also have the same power as constabloa to serve civil process in behalf of the city in any action or pro- ceeding to which the city is a party. Every policeman of power to arrest said city shall have power and authority to arrest with or ^jfr'^rSt"*'"'"*' without waiTant any person or persons by such policemen found violating within said city any penal ordinance or law of said city, or any person or persons found by such police- men in said city begging from house to house, or applying to any of the officers of said city for food or lodging, and who are designated and commonly knowji as tramps- or vagrants, or any other disorderly person found by such police meu engjiged in disorderly conduct in said city, and to bring 122 CITY CHARTER them before the recorder, acting recorder or mayor of said city to be dealt with the same as if said person or persons so arrested had been arrested upon warrant thereto duly issued by such lecorder, acting recorder or mayor. No No fees or policomau shall receive for his own use any fees for services lt7yu:ti°'' performed by him in pursuance of this act other than the salary fixed by the board of police, as aforesaid, nor shall any policeman receive any present or reward fo? service lendered, or to be rendered in pursuance of this act, unless Traveling , with the approval of the board of police. But each of said expenses policemen shall receive in addition to such compensation, his actual traveling expenses in all cases in which he shall ha v<.^ traveled m<. re than one mile outside of the city limits to perform such service, which traveling expenses sh-ill be audited and paid out of the general fund of said city as other charges against said city are audited and paid. Each of said policemen shall demand and receive for all processes served by him, and properly chargeable to the county, the same fees as are provided by law for a constable for like services. Each of said policemen shall keep a book in which shall be entered all business done by him, and shall make out his ac- countycharges count of all such busiuess Chargeable to the county of Che- mung, and duly verify the same; which shall be audited; and he shall annually, at the time of presentation of claims against the county, present the same to the city clerk, who shall i)resetit the same to the board of supervisors of t'«e county of Chemung, which board shall audit and leYj the same as other charges are audited and levied, and an order for the sfime shall be delivered to the tity chamberlain as moneys belonging to said city. ARTICLE XIII. DEPAETMENT OP PUBLIC RELIEF. Section 200. Commissioners of public relief, appointment of and terms of office. 201. Overseer of the poor, appointment, powers, of. 202. Duties of commissioners of public relief; expenditures. 203. Persons disposing of articles, guilty of mis- demeanor. 204. City not liable on account of this act when not otherwise liable. CITY CHARTER 123 l^./w-I^^ ^?u--^ ^^'^^^ ^^^^^ ^^ ^ commission of public re- commissioner. net -VVithm thirty days after tliis act takes effect, the mayor ^^^ofntmentoi shall nominate and, by and with the consent of the common council, appoint two commissioners of public relief, one of whom shall hold office for the year nineteen hundred and six and until his successor is appointed and qualifies, and the other of whom shall hold office for the years nineteen hun- dred and six and nineteen hundred and seven and until his successor is appointed and qualifies. After December thir- ty-first, nineteen hundred and six, the term of office of a com- Terms of office missioner shall be two years. The mayor and the two com- missioners shall constitute the commission. The commis- sioners shall serve without pay. In the month of January in each year, the mayor shall nominate to the common coun- cil one candidate for commissioner of public relief. Sec. 201. The commissioners of public relief shall ap- overseer point, to hold office during its pleasure, an overseer of the"*^"" poor, who shall be the executive of said commission, and who shall possess, subject to the general supervision of the com- mission of public relief, all the powers and authority of Powers of overseers of the poor in the several towns of Chemung coun- ty, and be subject to the same duties, obligations and lia- bilities. He shall give a bond to the city in such penalty, in such form, and with such sureties as the commission may prescribe, for the faithful discharge of his duties. The over- seer in office when this act takes effect shall serve out the salary terjn for which he was appointed. He shall receive such salary or compensation as may be fixed by the common coun- cil. Sec. 202. The commission of public relief shall have the Powers and 1 J. 1 • • J. J. • 1 • • duties of corn- general care, management, administration and supervision missioners of the charities the control or government of which belongs or is intrusted to the city; it shall make regulations for the expenditures of public money for the relief of the poor, and have the general supervision of such expenditures, and shall ciertify such accounts to the city supervisors for audit, as hereinbefore provided. It may investigate local economic conditions that affect the standard of living, and particular- ly the relations of employer and employed; and it shall be its duty to endeavor so to influence such conditions as to pre- vent, so far as possible, the increase of poverty. Sec. 203. The city shall continue to be the owner of all c.ty owner of articles or supplies furnished to any poor person or ap- *'''"='^' ®"=- plicant until the same are consumed. If any person to 124 CITY CHARTER whom the same shall be furnished shall sell or exchange the same for money, or intoxicating liquor, or in any way dispose of the same other than in the manner directed, such con- duct shall be deemed a misdemeanor. City not liable Sec. 204. Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable. ARTICLE XIV. DEPARTMENT OF PARKS. Section 2D5. Park commissioners. 206. Appointment of commissioners. 207. Power to make rules and regulations. 208. Oath of offtce, vacancy. 209. Park fund. 210. Accounts, how audited. 211. Power to acquire' lands for park purposes. 212. Special election. p^^ Sec. 205. The public parks and pleasure grounds owned commissioners \)j j^q q[^j of Elmira shall be under the general control and management of park commissioners thereof, who shall be the mayor and two other persons, to serve without compen- sation, and who shall constitute the board of park commis- sioners of said city. Appointment Soc. 206. The commissiouers appointed in the year nine- teen hundred and five shall serve until the expiration of the terms for which they were appointed. On and after the first Monday in January, nineteen hundred and seven, the said commission shall be composed of the mayor and the two commissioners appointed in the year nineteen hundred and Terms of office ^i^- U pou the expiratiou of the terms of the two commis- sioners appointed in the year nineteen hundred and six, and at the meeting of the common council on the first Monday in January in the year nineteen hundred and eight, and every second year thereafter, the mayor shall nominate from the electors of said city, and by and with the consent of a majority of all the members of the common council, includ- ing the mayor, appoint two park commissioners for the term of two years to succeed those whose terms have expired. CITY CHARTER 125 Sec. 207 The said park commissioners collectively shall organization constitute the board of park commissioners of the city of El- °"°^''t£ of the sale of lots in said cemeteries Thii moneys Application of of such fuud Shall be applied as follows: First to the pay- ment of any mortgage upon any of the laiid of said ceme- teries and of any bonds existing on account thereof; second, to ihe accumulation of an improvement fund. Except as hereinafter in this section provided the moneys applicable to such improvement fund shall be kept in\estod securely and a&, advantageously as is practicable by said cemetery commission, and shall be invested in securit'es in whicb the funds of savings banks incorporated und^r article three of the banking laws of the state of IsTew York may be invested, and the interest thereof be applied to repairing and main- taining roads, fences, monuments, abandoned lots and grounds of said cemeteries, and to no other purposes or ob- ject. The said board of commissioners shall not have power to invest said improvement fund in any real estate except at sales upon the foreclosure of mortgages owned by it, or on judgments or decrees obtained or rendered for debts due to .ir. or any settlements effected to secure such debts, but such board may use such part of the principal of said imjirove- ment fund as it may deem wise for the erection, alteration or repairs of any building or buildings wit'iiii the cemeteries owned by Iho city as shall be necessary or convenient for the ijurposes of said cemeteries. Permanent 216. Any persou owuiug a lot in any of the said i^iot°fn^order cemeteries, or the executor of the last will and testament of such owner when so authorized by said last will and testament, may deliver to said board of commissioners which shall receive the same, a sum of money, not exceeding three hundred dollars for each lot of said owner, as a per- manent fund for keeping such lot in order, and no claim for the repayment of such sum, or any part thereof, shall there- after be made against the city of Elmira or said board of commissioners by any person or persons. Said board of commissioners shall invest and keep invested, securely and as advantageously as shall be practicable, in the securities in which said board is authorized by section two hundred . commission CITY CHARTER 129 and eight of this act to invest the improvement fund all moneys so delivered to and received by it, and the interest from each sum so delivered and received shall, during every year after the receipt thereof, be expended in keeping in order the lot for the benefit of which said sum was received. Any person may give or bequeath to said board of commis- oats or sioners any sum of money, to be wholly expended by said ^^"^^^^ board within a time specified by the donor, or, if no time be so specified, to be expended by the said boatd in its dis- cretion, in keeping in order or beautifying such lot or lots as may be designated in connection with such gift or be- quest, or, in case no such designation shall be made, then in keeping in order and beautifying said cemeteries. Sec. 217. The city chamberlain shall be the treasurer of Tres^urer ot the board of commissioners, and shall receive and deposit "^ in the bank selected for city deposits, all moneys from the sale of lots and other sources, and also all penalties collect- ed for violation of city ordinances in relation to said ceme- teries, and shall pay all expenses incurred on the cemeteries by making his check upon such bank, which check shall, in all eases be countersigned by the chairman of said commis- sioners. Sec. 218. The said treasurer of the board of commis- Keceipts tor sioners shall receive all moneys paid for lots, and give his re- ° ceipt therefor, specifying the section and number of the lots soldj and the price paid therefor, and it shall not be law- ful to make interment on any lots until the same shall be paid for. All deeds or conveyances of lots shall be execut- ^»^'*|ig„e^ ed by the mayor and countersigned by the city chamberlain and recorded in the city clerk's office. The commissioners compensation of the cemeteries shall receive no compensation for their ser- vices, and shall make an annual report under oath, to the Annual report common council at its last regular meeting in January, of their receipts and expenditures, and of all matters com- mitted to their charge. ARTICLE XVI. DEPARTMENT OF LAW. Section 219. Corporation counsel, salary. 220. Costs and allowances of corporation counsel, 221. Duties of corporation counsel. 222. Slxbstitute as attorney of record, 223. Payment of judgments. 9 130 CITY CHARTER Department Sec. 219. The Corporation counsel shall be at the head "' ** of the department of law. He shall be paid a salary to be fixed annually by the common council. The office of city attorney is hereby continued as the office of the corporation counsel. Corporation Sec. 220. The corporation counsel shall be entitled in ac- ta colti^"""*'^ tions and proceedings in which the city shall be successful to receive to his own use all costs and allowances which shall be collected from the adverse party; but no such action or proceeding shall be commenced by him without the consent of the common council or the mayor. Duties of Sec. 221. The corporation counsel shall have the man- agement and charge of all the law business of the corpora- tion in which the city is interested, including every muni- cipal department thereof, unless the common council shall otherwise direct. He shall keep a record of all suits and proceedings which, as the corporation counsel, he shall have in charge. In case of his sickness or absence, he shall have power to authorize any attorney to appear for and on behalf of the city in any suit or proceeding. He shall, when required by the mayor or common council, prepare all legal papers for the city and shall be the legal advisor of the mayor, of the common council and of the several depart- ments of the corporation. He shall see that all proceedings in relation to improvements, and the opening, widening, con- tracting or discontinuing of streets, are regularly conduct- ed, and he shall perform such other duties as are required of him by this act and such as the common council may pre- scribe. It shall be his duty to attend in behalf of the peo- ple at any court of special session of the peace held by the recorder of said city whenever requested to do so by the mayor of said city. It shall be his duty to cause all claims for personal injury or damages to property to be thoroughly investigated, and he shall advise the proper committee of the common council in respect thereto. Substitution as ^^c. 222. Upou taking office the corporation counsel attorney shall be deemed to be substituted as attorney of record in all actions and proceedings in which the city or any of its departments is a party, and it shall not be necessary to en- ter any order to that effect. Judgments ^ec. 223. The amount of any judgment recovered llwfm''' against the city, and, payable by it, remaining unpaid, with the interest due thereon, in case no appeal is intended to be taken, or in case such judgment is finally affirmed on an ap- CITY CHARTER 131 peal taken, shall be reported by the corporation counsel immediately after the same shall have become payable to the common council; and such amount shall be raised in the next levy of taxes for the expenses of the city, unless execu- tion upon such assessment shall be stayed. Such judg- ments shall be paid out of the first moneys paid into the city treasury on account of such levy, in the order of their recovery. Until the money so raised shall be paid into the treasury and payment of judgments refused, no execution shall issue against the city unless the amount of such judg- ment shall not have been included in the tax levy ; provided, nevertheless, if there be any moneys in the treasury to the credit of the fund derived from the revenues of the city other than taxation not otherwise appropriated sufficient to satisfy such judgments, the common council shall direct the payment therefrom of such judgments in the order of their recovery. ARTICLE XVII. MISCELLANEOUS PROVISIONS. Section 224, Officer not to contract debts. 225. Resolutions for expenditure of money. 226. Common council to settle accounts. 227. All accounts to be verified. 228. Costs against city, when not allowed. 229. Actions to be brought in the name of the city. 230. Execution against person on failure to pay judgment obtained by the city. 231. Expense of prosecuting for penalty, how paid. 232. Double costs, when allowed. 233. Freeholder or taxpayer not incompetent as juror, et cetera. 234. Power of mayor or committee to administer oaths ; perjury. 235. Public schools. 236. Notice, how served. 237. Proof of service, how made. 238. Ordinances and resolutions, how read in evi- dence. 239. Charter, how read in evidence. 240. Maps of streets and alleys, where fo be filed. l32 CITY CHARTER 241. City not liable unless actual notice be given of defect. 242. Common council, power to deepen channel of the river. 243. Power to pass ordinances prohibiting ob- structions along river. 244. Wards to be regarded as towns. 245. Officers and appointees continued in office. 246. Present ordinances are continued. 247. "Person" defined. 248. Repealing clause. 249. This act shall take effect immediately. contr tin ^^^" ^^^" '^^ officcr of the city, or any other person, shall debts™"'"^ have power, and each and every person is prohibited from making any purchase, or contracting any debts on the part of the city unless duly and fully authorized so to do; and no Audit of account, claim or demand shall be audited, allowed or paid unauthorized tinless the same was duly authorized. Resolutions for ^^^" ^^^" ^^^ resolutious adopted by the common coun- expenditures cil authorizing the expenditure of money shall appropriate o money specifically the amount to be expended, and no extra or addi- tional compensation shall be allowed or paid on any con- tract, or to any officer, person or persons, for any services, or work done or materials furnished to the city. Settlement ^^^" ^^^' "^^^ common couucil Shall, in such manner and accounts" ° foMu a,s they may deem proper, examine and settle and al- low all accounts chargeable against the city, as well of its officers as of other persons, except as herein otherwise pro- vided; and shall determine and prescribe the compensation, if any, to be paid to any officer elected or appointed under this act, not otherwise herein provided. Sec. 227. The common council of said city shall not au- how°mide and dit any account for services rendered, materials furnished venfled ^^ disbursements paid out in such services, unless such ac- count shall be made out in items, and accompanied with an affidavit attached thereto, and to be filed with such ac- count made by the person (or by one of the persons, when more than one person is interested in a bill) presenting or claiming the same, that the items of such account are cor- rect, that the services and disbursements charged therein have been, in fact, made and rendered, and that no part thereof has been paid or satisfied. CITY CHARTER 133 Sec. 228. No costs, fees, disbursements or allowance shall ^o costs unless oe recovered or inserted in any judgment against the city "'»'" Wteen of Elmira, or against any of its oflficers or authorized agents, payment'" where said city would be liable to such officer or authorized agent, unless the claim, whether arising on contract, express or implied, or on tort, upon which such judgment is found- ed, shall have been presented for payment to the common council of the city of Elmira, at least, ninety days before the commencement of an action thereon. Sec. 229. All actions brought to recover any penalty or Actions forfeiture incurred under this act, or the ordinances, by- n°ame''™"ity"" laws, or public regulations made in pursuance of it, shall be brought in the name of the city of Elmira, unless otherwise herein provided, and in any such action it shall be lawful to declare, generally, orally, or in writing, for such penalty or^'"^**"^' forfeiture, referring only to the section of this act, or the section of the ordinances, by-laws or public regulations pass- ed in pursuance of such act, under which the penalty or penalties, or forfeiture is, or are claimed, and the defendant may deny, generally, in like manner, and either party may give in evidence, under such general declaration or denial, any special matter that may legally be the subject of such claim for penalty or penalties or that may legally be the sub- ject of the defense under such general denial of the de- fendant. When such action shall be commenced, if it shall civii warrant be made to appear by the oath or affidavit of any person that ""^y^™® any ordinance has been violated by the person against whom process is apj)lied for, a civil warrant may issue at the commencement of such action directed to any constables ' police constables, policeman or chief of police of said city, commanding him to take the body of such person and bring hiuj before the court to answer the complaint of said city in a civil action for the violation of such ordinance or by-law. No affidavit or bond shall be required to authorize the Is- suing of any order of arrest in behalf of said city, except that in actions for violations of ordinances or by-laws the affidavit or oath above provided for shall be required before issuing a warrant And any person may be summoned to Sj^ipear f«»rlhwith, or at a designated time before the court to make an affidavit or be sworn and examined on such ap- plication for a warrant in relation to his knowledge of the violation of such ordinance or by-law. Such examination shall be reduced to writing and filed with the process and proceedings in the case; and all the affidavits made in such case shall he so filed and kept with the process and proceed- 134 CITY CHARTEK Witness Procedure Action, wlien may be brought ings in the case. No witness so summoned to appear shall be entitled to any fee or compensation for such attendance or examination; and for a failure to so attend or be sworn or examined, such witness shall be liable to the same penalty and may be punished in the same manner as witnesses who refuse to appear when duly subpoenaed, or to be sworn or testify on trials in actions in the supreme court. On re- turn of such warrant the parties and court shall proceed in the same manner, and the same proceedings shall be had and adjournments may be granted in the same manner, for the same time and on the same terms as provided by statute on the return of a civil warrant in other actions before jus- tices of the peace. Any action for the violation of any of the ordinances or by-laws adopted or passed by the com- mon council may be brought on the direction or authority of the mayor or either of the aldermen. Execution against body Sec. 230. Every execution in an action for any penalty, penalties or forfeitures recovered for the violation of any ordinances, by-law or public regulation enacted in pursuance of this act, or for a violation of any of the provisions of this act, when the defendant against whom judgment was re- covered upon which such execution is issued, shall decline or fail to pay the amount of such judgment and costs, shall command the officers to whom it is directed to take the body of said defendant and commit him or her to the county jail of the county of Chemung, there to remain until Not entitled to discharged by due- course of law. And the person or per- iaiiiiberties gous against whom such judgment is recovered shall not be entitled, under any execution issued on such judgment, to the liberties of the jail. Expenses, how paid Double costs Sec. 231. All expenses incurred in prosecuting for any penalty, penalties or forfeitures shall be defrayed by the cor- poration, and all penalties and forfeitures when collected shall be paid to tlie chamberlain for the use of the city. Sec. 232. If a suit be commenced against any person elected or appointed under this act, to any office, for any act done or omitted to be done under such election or appoint- ment, or against any person for having done any thing or act by the command of any such officer, and if final judg- ment shall be rendered on such suit whereby any such de- fendant shall be entitled to costs, he shall recover double costs. CITY CHARTER 135 Sec. 233. No person shall be an incompetent judge, wit- witness, etc., ness or juror, by reason of his being an inhabitant or f peg. <"'™p«'*'"'y ° holder, or taxpayer, in the city of Elmira, in any action or proceeding in which said city is a party interested. Sec. 234. The mayor or the chairman of any commit Power to ad- tee or special committee of the common council, or the pre- Sc?^ ^^ °* ' siding officer of any board or body of commissioners created or authorized by the provisions of this act shall have power to administer any oath or talie any affidavit in respect to the matter pending before the common council or such com- mittee, board or body, and any person who may be required to talie any oath or affirmation or to make an affidavit or statement under oath or affirmation under or by virtue of anj' provision of this act, who shall, under such oath or affirmation in any statement or affidavit, or otherwise, wil- fully swear falsely as to any material fact or matter shall be guilty of perjury. Sec. 235. The act of the legislature of the state of New Pubiio school Yorli, entitled "An act in relation to the public schools iu *"' the city of Elmira," passed April twenty-second, eighteen hundred and ninety-five, and the several acts supplementary to and amendatory or revisory of said act, shall continue in full force and applicable to the city of Elmira in the same manner as if this act had not been passed, anything horein contained to the contrary notwilhstandinj;. Sec. 236. When corporatic.ns. associations, copartners, COTporattos,^ joint tenants or tenants in common, are to be served with a ed'with notice, notice under any provisions of this act, or under the direc- tion of the common council, it shall be deemed a sufficient, valid and legal service of such notice to serve a copy there- of upon the president, cashier, treasurer, one of the direc- tors, or the managing agent of such corporation or associa- tion, or upon any one of such co-partners, joint tenants or tenants in common. Sec. 237. The afeidavit of the service of any notice Affidavit^ under the provisions of this act, or under the direction of the commmon council, made by the person serving the same or where the service is bv publication, the affidavit of the publisher of the paper, the clerk, editor or foreman in his office, stating that such notice has been published the time required by law and filed with the city clerk shall be presumptive evidence of such service in all courts and places, as shall be also certified copies of the same. 136 CITY CHABTEE Ordinance, Sec. 238. Every act, ordinace, by-law, public regulation, tow mi°y°i.e*°' resolutiou or proceeding of tbe common council of the city evidence of Elmira may be read in evidence in all courts and places in this state, either: (1) Ftom a copy of such act, ordinance, by-law, public regulation, resolution or proceeding certified by the city clerk, with the seal of the corporation affixed. (2) From the printed volume of ordinances, by-laws and public regulations printed by authority of the common council. Charter, read- Sec. 239. The Charter of the city of Elmira may be read ivfdence in evidence from the volume containing such charter, print-, ed by authority of the common council, or from a copy certi- fied by the city clerk, or from the session laws of the state of New York containing the same. Description Sec. 240. A dcscription and map of all the streets, high- streete?ete., ways, alleys, lanes, side and crosswalks, drains, sewers, to be recorded, puijUc walks and ccmcteries in said city heretofore laid out or which shall have been dedicated to the public, or given to the village or city of Elmira, or which shall have been used or occupied by the public for twenty years, shall be recorded in a book to be kept by the city clerk for that pur- pose, and said map shall be filed and liept in the office of the city clerk. A description of every street, public ground, sidewalk, crosswalk, drain and sewer thereafter made or altered or discontinued, shall be recorded in the same book, or in a set of books to be kept for that purpose, and a map of every new street hereafter made, and of every alteration in a street, shall be made and filed with and kept in the office of said clerk. Said record and map shall be a prima facie evidence of the facts therein stated, described or por- trayed, in all actions and courts. City not liable Sec. 241. The city of Elmira shall not be liable for the wUhout*aSuai damage or injury sustained by any person in consequence of notice g^j^y street, highway, bridge, culvert, sidewalk or crosswalk in said city, being out of repair, unsafe, dangerous or ob- structed by snow, ice, or otherwise, or In any way or manner unless actual notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge, culvert, sidewalk or crosswalk shall have been given to the board of public works of said city or the superintendent of public works of said city or at the office of the board of public works of said city to the person having charge thereof, forty-eight hours previous to said damage CITY CHARTER 137 or injury. All claims against the city for dam- claims, when age or injury alleged to kave risen from, the de- ^''''°*"* fectiye, unsafe, or dangerous condition of any street, high- way, bridge, culvert, sidewalk or crosswalk of or in said city, or from negligence of the city authorities in respect tc any street, highway, bridge, culvert, sidewalk or crosswalk shall, within three months after the happenings of such damage or injury, be presented by or in behalf of such claimant to' the mayor or city attorney in writ ing sighed by the .claimant or his agent or at- torney, and duly verified by one of such parties, describing tie time and location of the place where such injury occurred, cause and extent of damage or injury. The omission to present such claim as aforesaid within said three months shall be a bar to any action or pi-oceeding therefor against the city. No action for such damages or Action, when injury shall be maintained unless commenced within two '=o°>'"e°<=«i years from the happening of the same. Every process com- summons, how mencing an action against the city, shall be served on the^*"®*^ mayor of said city, and not otherwise. Sec. 242. The common council of . said city shall have council may power to clear out and deepen the channel of the Ohemung otXe^°"°®' river through said city; so that, in time of flood, the said river shall have as much waterway within its banks, as when said river was in its natural state, and to keep the channel of said river cleared and deepened as aforesaid, and they shall have power to cause to be removed all unlawful ob- struction therein (except buildings heretofore or hereafter to be erected, or erections heretofore made for mechanical purposes,) and they shall have power to levy and collect at any time, in the manner in which other taxes are collected in said city a special tax suflficient for the purposes aforesaid, from the taxable property and taxpayers of the city, accord- ing to the valuation of the last city assessment. Sec. 243. The said common cquncil may pass ordinances Buudings on prohibiting the erection of buildings on the banks of said"™'' ^*° river so as to obstmct the flow of the waters thereof in times of flood, and prohibting the driving of piles, or the putting of obstructions in said river, under such penalties as they may deem best. Sec. 244. The city shall be regarded as a town under and Drawings of for the purposes of the provisions of article two of title three ^'"'°''^ of chapter ten of the code of civilprocedure, respecting the g*^ ^e:*'''*^'* return of jurors, and the supervisors and clerk of the said 10 138 CITY CHARTER city shall perform the duties thereof as enjoined upon the supervisors, assessors .^pd towu clerk of the several towns of the state, except that a duplicate list of the return ftf'juroTS made by them shall be filed in the office of the clerk of the city. Each ward of the city shall be regarded as a town un- der the fourth article of the fourth title of the eleventh chapter of the first part of the revised statutes; and the supervisor and alderman of each ward shall be fence view- ers and shall possess all the powers and authority in respect to division fences or walls in their ward, which are §iven by the said article to town fence viewers with respect to division fences. Officers, holding over Removal of officer Sec. 245. All officers appointed pursuant to the pro- visions of this act shall, upon the expiration of their respec- tive terms, continue to hold the respective offices until a successor thereto is appointed and has qualified. Any ap- pointed officer may be removed by the common council ex- cept as otherwise herein provided, upon specific charges in writing preferred against such officer, and filed with the city clerk, and a reasonable notice to such officer that such charges have been made, and of the time and place of a hearing thereon, upon a hearing thereon if requested, by such officer by the votes of a majority of all the members of the common council. Each appointed officer shall, with- in ten days after receiving such notice of his appointment, take the constitutional oath of office and qualify by execut- ing and filing the required bond in case a bond be required of him. If any appointment of a person to fill a vacancy in an appointive office be made by the officer or by the offi- cers, body or board of officers authorized to make appoint- ments to the office for the full term, or by the common coun- cil, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. In case of a vacancy occurring for any reason in any appointive office before the expiration of the full term thereof, the vacancy shall be fill- ed by the same officer or body or authority or authorities empowered to make the regular appointment for'such office ^^^foT the full term. Any officer elected or appointed now in, expiratron o^ or heretofore elected to an office^ not continued or provided .™ for under this act, shall, until the term for which he was appointed or elected has expired, continue to perform the duties and be subject to all the responsibilities and liabili- ties provided for and imposed upon such officer by the act or law under which he was appointed^ or elected, and the gen- eral laws of the state so far as may be: Any officer elected Vacancies, how filled Officer, continued until CITY CHARTER 139 or appointed now in an oflflce continued or provided for un- der this act, shall continue to hold his office until the expira- tion of the term for which he was elected or appointed ex- cept, as herein otherwise provided, and all the provisions of this act defining and regulating the rights, powers and du- ties of such officers shall apply to and regulate the rights, powers and duties of such officers. All firemen may con- tinue to be such without reappointment under this act. Sec. 246. All ordinances and by-laws hereinbefore pass- ordinance, ed by the common council of said city, or by any board there- fo^"®**" of, and not inconsistent with this act or with law, shall con- tinue in full force and effect until amended or repealed. Sec. 247. The word "person" as used in this act shall be'-pergon- construed to include all persons, copartnerships, companies,'*®""*^ corporations and associations. Sec. 248. Chapter six hundred and fifteen of the laws of EepeaKng eighteen hundred and ninety-four, and all acts and parts of "='*•"" acts amendatory thereof, or supplemental thereto, and all acts and parts of acts inconsistent with and repugnant to the provisions of this act are hereby repealed; but such re- peal shall not revive any act or part thereof heretofore re- pealed and nothing herein contained shall be so construed as to destroy, impair, or take away any right or remedy acquir- ed by any act hereby repealed; and all proceedings or actions commenced under such acts may be carried out and con- tinued as though this act had not been passed except as herein otherwise provided. Sec. 249. This act is hereby declared a public act andputucac* shall take effect immediately. i ^ INDEX TO QTY CHARTER '"'™f- SK. PA»K City may maintain to restrain by injunction vio- lation of ordinance 28 22 49 130 137 137 Tox or assessment may be collected by Not to be commenced by corporation counsel without consent of council or mayor 220 lov To be brought in name of city [, 229 133 Espenses of, how paid [, ] 231 134 Certain defendants entitled to double costs. ..... 232 134 Jiidge, juror, witness in 233 135 When to be commenced 241 When not to be maintained 241 ACCOVKTS— Against city, how presented 25 18 Common council to audit 25 18 What accounts to be raised in state and county tax levy '. 36 29 To be verified 227 132 ACTING CITY JUDGE— Appointment of I33 77 Duties of 133 73 ACTING RECORDER— Oath of oflS.ce 136 78 Aijpointn;ent of I39 82 QuaUIleations of I39 82 Powers and duties of 139 82 ' Docket of 139 82 Not to receive fees 140 82 Payment of fines and fees to city chamberlain. . 140 83 Monthly report of 140 83 Account of fees as county charges 140 83 ACTUAL NOTICE— City not liable for damages without 241 136 ADJOrRNMENTS— Of common council 21 20 AFFIDAVIT— To accompany .accounts against city 227 132 Of service 237 135 ALDERMEN— Office^ of city 4 9 Election of aldermen 5 9 Term of oflfice of 5 9-10 Elected biennially ., 5 10 One in each ward 5 10 Oath of oiBce 10 12 Wlicn to enter on duties 10 12 Vacancy, how filled 12 13i Qualifications of 14 14 Shall not hold any other oflSce ,. . . 18 15 Not to be interested in contracts 18 Ift' When to preside at meetings of common council. . 20 16 May call special meetings 33 2& To act on committees 33 29. 11 142 INDEX TO CITY CHARTER ALDERMEN— (Continued.) SEC. PAGE. To attend meetings , 33 29 Power to make arrests 33 29 General powers 33 29 Salary of 33 29 To be fence viewers 244 138 APPOINTIVE OFFICES— Names of 4 i Terms of 6 11 Appointments to 6 11 Vacancies in, how filled 245 138 APPOINTMENTS— Of city chamberlain 6 11 Of corporation counsel 6 11 Of city sealer 6 11 Of assessors 6 11 Of city clerk 6 11 Of city physician 6 11 Of mayor, in ease of vacancy 12 13 Of supervisors 12 13 Of city judge .' 12 14 Of recorder 12 14 Vote required 21 17 Mayor shall sign 31 25 Of commissioners in street opening 83 58 Of stenographer, city court 103 67 Of clerk of city court 104 67 Of acting city judge 133 77 Of acting recorder 139 82 Of recorder's clerk 141 83 Of commissioners of public works 143 86 Of city engineer 147 87 Of superintendent of public works '. . . 148 87 Of sidewalk inspectors 148 87 Of fire commissioners 168 101 Of firemen 171 103 Of chief engineer and assistants 171 103 Of police commissioners ., 186 116 Of special policemen 195 120 Of chief of police 195 120 Of cai)tain, sergeant, inspector, roundsmen and constables 197 120 Of public relief commissioners 200 123 Of overseer of poor 201 123 Of park commissioners 206 124 Of cemetery commissioners 213 127 To fill vacancies 245 138 APPLICATION— For transfer of funds 48 36 For franchise , 100 65 APPEALS— From determination of mayor against person holding license 31 25 In street opening proceedings 93 63 Efi'ect of, in street opening proceedings 94 64 When heard 96 64 Action of court in 97 64 Decision of court to be filed 97 64 May be taken to Appellate Division 98 65. Bond on appeal 98 65 Costs of, how adjusted and paid 99 65 In city court 119 73 INDEX TO CITY CHARTER 143 APPROPRIATIONS- SBC. PAGE Limit of 32 28 Common council restricted in making 66 49 Special appropriations for extraordinary expenses^ how raised 72 sn Mayor's estimate of oo 07 ARRESTS— ^^ Mayor may make 31 26 Aldermen may make qq 9q ASSESSMENTS— ^ Vote of common council as to 21 17 Duties of assessors 49 30 How made 49 33 Deeds to be presented to 49 39 Maps to be stamped 49 39 How corrected 50 49 Omitted property, how assessed 50a 41 Time for hearing complaints 49 49 Of taxes 52 43 How made 53 43 Lien on real estate 56 45 May be collected by action 68 49 Special, how made , 72 52 For street openings, how made 86 61 For street openings, how collected 89 62 For pavements 158 92 For repairs to pavements 159 93 For sidewalks 158 93 When and how made ■. 160 95 Unpaid assessments, how collected 162 96 Rate of interest to be paid 162 97 For water and gas mains 163 99 Limitation of amount of pavements 162 98 ASSESSORS— City oflBcers 4 9 Number of 4 t Terms of office 6 11 Appointment 6 11 Duties of 49 38 May appoint clerk ■ 49 38 Chief assessor , 49 38 Office hours of 49 38 Salary of '. 49 38 Hearing complaints 49 40 Publication of notice 49 40 To deliver copy roll to supervisors 50 40 Assessment of omitted property 50 41 To report to common council 52 43 To certify and swear to roll 52 43 What changes not to be made 52 43 ASSESSMENT ROLL— How made 49 38 Powers of common council in relation to 50 40 Delivery of copy to supervisors 50 40 Omitted property, how placed on 50 41 When city roll to be completed 52 43 To be delivered to chamberlain 53 44 Flstension of tax on 53 44 ASSESSOR'S CLERK— How appointed 49 38 Salary of 49 38 144 INDEX TO CITY CHARTER AS&ESSOkS— (Continued.) SEC. PAGE. Duties of 49 38 Shall extend tax roll 53 44 Shall certify tax roll 53 44 To deliver rolls to city chamberlain , 53 44 When rolls to be delivered to chamberlain 53 44 ATTORireY— Council may employ 26x 21 Mayor may employ 31 25 AUCTIONEERING— Ordinance to regulate 26n 20 AtDITING AND FINANCE COMMITTEE— Creation of 25 18 Duties of 25 18 Accounts to be referred to 25 18 City chamberlain's report to be referred to 42 32 BALLOTS— Form of in special elections 72 51 BANK— City money deposited in daily 43 33 How designated 43 33 To give security .■ 43 33 BATHING— Council may regulate 26g 24 BELLS— Ringing of may be regulated 26k 19 BILLS— Against city, how presented 25 18 BILLIARD TABLES AND BOWLING ALLEYS— Common council may suppress and restrain 26d 19 BLOWING HORNS— Council may regulate, etc 26k 19 BOARD OF ASSESSORS— (See assessors.) BOARD OF AUDIT— Who shall constitute 35 29 Duty of.. 35 29 Accounts of, how paid 35 29 What accounts to be audited by 36 29. Meeting of 36 30 BOARD OF FIRE COMMISSIONERS— (See fire commissioners.) BOARD OF HEALTH— (See public health law. Appendix. ) BOARD OF POLICE— (See police commissioners.) BOARD OF PARK COMMISSIONERSi— (See park commissioners.) BOARD OF PUBLIC RELIEF— (See public relief.) BOARD OF PUBLIC WORKS— Appointment of commissioners 143 86 Qualifications of commissioners 143 86 Terms of office of commissioners 144 86 Compensation of 144 86 Who to constitute 145 86 President of 145 87 Clerk of 145 87 Quorum of 145 87 Oath of office 146 87 Meetings of 146' 87 May appoint city engineer 147 87 INDEX TO CITY CHARTER 14S PAGE. 89 89 89 90 90 BOARD OF PUBLIC WORKS— (Continued.) SEC. May appoint assistants to city engineer 147 a? May appoint superintendent of public works" ' 148 87 May appoint, sidewalk inspectors 143 Have exclusive authority to expend money from certain funds j51 Audits of 152 Annual estijnates of 153 Power as to streets 154a Power as to sidewalks and curbing 154a Power as to bridges 154b Power as to sewers .'. . . 154c Power as to pavements 154,1 Power as to routes of travel 154e Power as to street excavations I54f Power as to trees 154g qq Power as to sidewalks 154]i gj General power of 154i gj May repair, renew or repave existing pavement. .155 91 Expense of paving or renewing pavement, how paid 155 91 Elxpense of repairing pavement, how paid 155 92 Power as to width of tires 156 92 Exclusive authority over pavement fund 157 92 Shall ascertain and assess cost of pavement 160 94 Delivery of statement to common council 160 94 As to laying curb stone and gutters 160 95 To notify street railway company of intention to pave.. , 161 95 Duty of street railroad company when street is to be paved , 161 95 Power as to materials used by street railway company 161 95 To give notice to water, gas and telephone com- panies when street is to be paved 161 96 May order mains laid 161 9( May lay mains and charge same to companies. . . . 161 9f Shall ascertain cost and assess the same 161 96 Restricted in making expenditures for pavements and sidewalks 162 98 Personal liability and penalty for making obliga- tions in excess of fund .' 162 98 Power to make sewer, water or gas connections . . 163 98 Expenses of supervision, how paid 163 98 May give consent to disturb pavement 164 99 May adopt rules 164 99 Publication of rules 164 99 When to advertise and receive bids 164 100 Members of, not to be interested in contract. . . . 165 100 Penalty for violation of rules 166 100 BONDS— Recorder 15 15 City judge 15 15 Clerk, city court 15 15 Superintendent of public works 15 15 Who to require 15 15 When filed 15 15 How approved 15 15 Of constables 16 15 Failure to file 17 15 Clerk of city court 15 15 City depository 43 33 146 INDEX TO CITY CHARTER BONDS— (Continued.) SEC. PAGE. City chamberlain 44 33 Bond to remain in force one year after settlement 54 45 Oity may issue 47 3£ Overseer of poor 201 123 BOOKS AND PAPERS— Mayor shall have authority to examine 31 25 BOUNDARIES— Of city 1 4 Of wards 2 5678 BIDS— For pavements 164 100 For sewers 164 100 BORROWING MONEY— Power of citv to borrow 47 33 BRIDGES— Power of board of public works as to 154b 89 BRIDGE AND WATERCOURSE FUND— Provision for 32e 28 Who to expend 151 88 Estimate for, how made 153b 89 BUDGET— Estimate of mayor 32 27-28 To be altered and corrected by common council. ... 51 42 To be published '. 51 42 When to be altered and corrected 51 42 Effect of failure of common council to act 51 42 Illegal item, not to invalidate 51 43 BUILDINGS— Power of common council as to 26u 21 Power of council as to material for 26v 21 Power of fire commissioners as to 175-176 105-106 BURIAL OF DEAD— Power of council to regulate 26t 21 CABMEN— May be licensed 26 20 Council may revoke 23 17 M.'iyor may revoke 31 24 CAPTAIN OF NIGHT WATCH— Appointment of 197 120 Unties of 197 120 When ittay take bail 198 121 CATTLE— Ordinance to prevent the running at large 26i 19 CERTIFICATE— Of tax sale 57 4g Of tax sale, assignable 58 47 CFMETERIES— Power of common council as to 26t 21 Control of . ,. 213 127 Lots, sale of 218 129 Record of deeds of lots of 218 129 CEMETERY CtiMMISSlONERS— Creation of oflficc 213 127 Kumber of 213 127 Term of oflSce 213 127 Powers of 214 127 Creation cf fund for cemetery purposes 215 128 Investment of money 215 128 May receive monej for keeping lot in order 216 128 Treasurer of 217 129 Report of 218 129 CHARTER- INDEX TO CITY CHARTER 147 SEC. PAGE. Charter may te read in evidence g.SQ isfi CHIEF OF POLICE— ^^ How apj)ointed I97 ,00 I^^t'^s of '.;.".'.■.■.'.■.■. 198 120 Powers of igo ,„, CHIEF ASSESSOR— ^^^ 38 38 49 38 Seleetion of 49 Duties of 49 Offite hoiua of To correct cierical errors 50 40 To extend tax 53 44 To deliver roll to city chamberlain 53 44 When roll to be delivered 53 44 CHIEF EKGIUEER— Appointment of 171 .103 How removed 17I iqS Duties of 171 jqs When council may appoint 171 103 Shall be fire warden I74 in,"; CITY— Corporate name 3 g Seal of 3 8 Property, hcv: held 3 g To pmchasc at tax sale 60 47 Not liable for costs unless claim presented 228 135 Claims against, how presented 241 137 Not liable for damage or injury without actual notice . .1 , 241 136 V/hcn regarded as a town 244 137 CITY OF ELMIRA— vSee City.) CITY CHAMBERLAIN- City officer 4 9 Tenu 01 office 6 11 Appointment of 6 11 Head of finance department 40 31 CoMeetoi of taxes and assessments 40 31 Shall be a notary public 40 32 Salary 41 32 Clerk hire allowance 41 32 Office hours 41 32 Report of 42 32 Shall receive and pay out moneys 40 32 Fee for making list and return of unpaid taxes. . 41 32 Fee for tax sales 41 32 Yearly report 42 32 To deposit money daily 43 33 Bond of . 44 33 When given 44 33 Conditions of 44 33 When to be renewed 44 33 Where filed 44 34 Satisfaction of . . . : 44 34 Books of 45 34 Monthly report 45 34 To examine and settle certain accounts 46 35 To publish notice of receipt of city tax roll 54 44 Bond not to be discharged until one year after settlement 54 45 Collection of taxes 54 44 148 INDEX TO CITY CHARTER CITY CHAMBERLAIN— (Continued.) SEC. PAGE. When to charge percentage on city tax 5i 44 When to add interest 54 45, To transmit list of unpaid taxes to common council '. 55 45 To sell real estate for unpaid tax 56 46 ? ee oij such sale 56 46 Description of premises to be sold to be filed. . 57 46 Thr(!5 certificates to be made 57 46 Shall keep money raised by special tax in sep- arate account 72 53 Warj-ant for county tax 74 53 To give notice of county tax 75 53 To add percentage 75 54 To add interest 75 54 To collect by levy 76 54 Wlien to pay county tax to county treasurer. . 76 54 When to make return of unpaid taxes 76 54 To publish notice of assessment for street open- ing 88 62 To collect assessments 89 62 Treasurer of firemen's pension fund 185 112 Treasurer of fire department 185 112 To furnish list of unpaid foreign fire insurance. . 185 115 To keep separate account of park funds 209 125 Tl-ea surer of cemetery commissioners 217 129 To receive money for cemetery lots 218 129 T(> countersign cemetery deeds 218 129 piTY COURT— Stenographer of, qualifications 14 14 Clerk of, qualifications 14 14 Ci'eation of 101 67 Judge of 101 67 Stenographer of 103 67 Duties of stenographer 103 67 Clerk of 104 67 Duties of clerk of . . .'. 104 68 Jurisdiction of 105 68-69-70 How to commence summary and bastardy pro- ceedings , 106 70 Same jurisdiction over defendants as justices' courts 107 70 Judgments of 108 70 Judgments of, to be a lien 108 70 When to enter judgments 108 71 Failure of defendant to enter counter-claim...., 109 71 Efi'ect of counter-claim 110 71 When code of Civil Procedure shall not apply to counter-claim Ill 1\ Discontinuance of action in 112 71 Forms and proceedings same as in justices' courts 113 71-72 Bastardy proceedings 113 72 ■ySlio may appear as attorney 114 72 Adjournments 115 72 Conditions of adjournments 115 72 Who may serve summons 116 72 Complaint, how verified 117 72 Pleadings, how verified 117 73 Pleadings, how made 117 73 Judgment, how granted on verified complaint. ... 117 73 Rules of 118 73 INDEX TO CITY CHARTEK 149 CJTY COURT— (Continued.) SEC. PAGE. Publication of rules 118 73 Appeals from judgments 119 73 Opening defaults 120 73 Setting aside judgments 120 74 Efifect of judgment set aside 120 74 Judge, witness, juror of 121 74 Constables' fees in 122 74 Costs and fees in 123 74 Costs in certain actions 124 75 Additional allowance of costs 125 75 Disbursements in judgments 125 76 Fees of judge and clerk 126 76 Fees to be paid to city chamberlain 126 76 Office of, stationery, etc 127 76 Business hours 128 77 Disability of judge 128 77 Salary of city judge 129 77 Salary of stenographer 130 77 Salary of clerk 131 ■ 77 Acting stenographer 132 77 Acting clerk 132 77 Acting judge, appointment of 133 77 CITY JUDGE— Officer of city 4 9 Election 5 9 Term of office 5 9 First election of i 5 10 Bond of 15 15 Vacancy, how filled 12 14 Qualifications of 102 67 Shall appoint stenographer 103 67 Shall appoint clerk ■ 104 67 Shall have powers of justice of peace 106 7U When to enter judgments 108 71 May make rules 118 ^^ Power to open defaults |^^ '^ Fees of, to whom paid 126 '^ Business hours '. |^° ' ' Vacation of ' \^° '' Disability of 128 " Salary of v l' • " •; ' V. Joo 77 Acting city judge, appomtment ot j^^ ' ' Salary of clerk \'l'- '' Salary of stenographer ^"^^ CITY CLERK— . g City officer „ jj Term of office " j: j . Appointment of ■ . y. Notice of election to inspectors ■ " Statement of inspectors to be produced jO ^^ To notify persons elected ^^ ^'^ Accounts to' be presented to ^^^ 3^ Duties of „n 30 Clerk of commissions | 3q Shall sign all orders 3^^ May take acknowledgements °° g^ Salary on '31 Office and office hours • • • • ^ „, To file bond of city chamberlam, where « • Shall keep a register of tax sales o» ^^ Special elections, duties as to '^ 150 INDEX TO CITY CHARTER CITY CLEKK— (Continued.) SEC. PAGE. Map of proposed straets to be filed with 81 57 Evidence, etc., of street opening commission to be filed with 85 60 To certify copy of assessment for street opening 87 62 To certify proceedings of commission in street opening proceedings 95 64 Clerk of board of public works 145 87 To transfer copy of assessments to city chamber- lain 160 94 Clerk of fire commission 169 102 Clerk of trustees of firemen's pension fund 185 112 Clerk of police commission 189 118 Clerk of park commission 207 125 As to records of streets, etc 240 136 CITY ENGINEER— Appointment of 147 87 Salary of 147 87 Term of office 149 87 Dismissal of 149 87 Duties of 149 87 CITY PHYSICIAN— City officer 4 9 Term of office 6 11 Appointment of 6 11 Duties of 37 30 Salary of 37 30 CITY SEALER— City officer 4 9 Term of office 6 11 Appointment 6 11 Duties of 38 30 Salary of 38 30 CITY TAXES— When to be assessed 53 43 When percentage and interest to be added 54 44 (See taxes.) CITY DEPOSITS— Where made 43 33 How drawn 43 33 (See city depository.) CITY depository- How designated 43 33 When designated 43 33 Propositions for deposits 43 33 Bond of 43 33 How money drawn from 43 33 CITY officers^ Who are 4 9 Election of 5 9 Appointment of 6 11 Shall take oath of office 11 13 Qualifications of 14 14 Bond of ■■'. 16 15 Effect of failure to execute bond 17 15 Common council to prescribe duties of 23 17 Council may remove for misconduct 23 17 To furnish reports, etc., to council 27d 22 To be governed by estimate 47 35 Not to contract debt without authority 224 132 Personal liability 47 35 INDEX TO CITY CHARTER 151 SEC. PAGE. CIVIL YEAR— When to commence 73 cq CLAIMS— "^ ^'^ Bills, how presented 25 18 To be verified 227 139 Against city, how and when presented 241 137 When barred o^i 1 07 CLERK- '^^^ ^^^ Mayor may appoint 31 25 Of assessors 49 33 Of city court 1 io4 67 Of recorder 141 00 CLERK OF CITY COURT— Qualification of 14 14 Bond of ' 15 15 Appointment of IO4 6/ I>uties of 104 68 Power to take aflldavits 104 68 Fees of 126 7e To pay fees to city chamberlain 126 76 To make report to city clerk 126 76 Salary of 131 77 Acting clerk 132 77 COMMISSIONERS— Provision for 4 g Who may be in proceedings to open streets 83 58 In street opening, oath of 84 59 In street opening, to compel attendance of witnesses 84 59 In street opening, to give notice of meetings. ... 84 59 In street opening, may adjourn 84 59 For street opening, city attorney to represent city 84 60 In street opening, to appraise damages 84 60 In street opening, damages, how estimated 84 6C In street opening, to report to eojnmon council .... 85 60 In street opening to file evidence, etc., with city clerk 85 60 In street opening, contents of report of 85 61 In street openijig, compensation of 85 61 In street opening, may employ clerk and sten- ographer 85 61 In street opening, common council may set aside report 86 61 In street opening, as to confirmation of report. . . 87 61 In street opening, report to be recorded in county clerk's oflice 92 63 Appointment of fire 168 102 Appointment of police 186 116 Appointment of park 206 124 Appointment of public relief 200 123 Appointment of cemetery 213 COMMISSIONERS OF PUBLIC WORKS— (See board of public works.) COMMISSIONERS OF FIRE— (See fire commissioners.) COMMISSIONERS OF POLICE— (See police commissioners.) COMMISSIONERS OF PUBLIC RELIEF— (See public relief.) COMMISSIONERS OF PARK— (Se« park commissioners.) 127 152 INDEX TO CITY CHARTER SEC. PAGE. COMMISSIONERS OF CEMETERIES— (See cemetery commissioners.) COMMISSIONERS IN STREET OPENINGS— (See commissioners.) COMMITTEE— Auditing and finance 25 18 Appointment of standing committees of common council 31 25 May issue summons to witness 24 17 COMPLAINTS— When assessors to hear 49 40 COMMON COUNCIL— Shall appoint city chamberlain 6 11 Shall appoint corporation counsel ... 6 11 Shall appoint city sealer 6 1) Shall appoint assessors 6 11 Shall appoint city clerk 6 11 Shall appoint city physician 6 II When and where to meet to canvass vote 10 12 Shall certify and declare who were elected 10 12 Organization of common council 10 12 To order special election in case of tie vote 12 13 To appoint in case of vacancy in office of mayor. . 12 13 To appoint aldermen in case of vacancy 12 13 To appoint supervisor in ease of vacancy 12 13 Composition of 20 16 Annual meeting of 20 16 Mieetings, where held, who to preside 20 16 Quorum of 21 16 Adjournment of 21 17 May compel attendance 21 I'l Who entitled to vote 21 17 Vote required for tax or assessment 21 17 Vote required for apjjointments 21 17 Vote required to pass or amend ordinances 21 17 Stated meetings . . . 22 1^ Special meetings 22 17 Rules of. Judges of election and qualification of members 23 17 Absent members, how compelled to attend 23 17 To prescribe duties and remove officers 23 17 To revoke licenses and permissions 23 17 May issue summons to witnesses 24 17 To audit accounts 25 18 To control finances and property 26 18 To make rules and ordinances 26 18 To amend and repeal ordinances 26 18 Power to prevent vice and immorality 26 18 Power to prevent gaming and disorderly houses . . 26 18 Power to prevent exhibitions 26 19 Power to repress and' restrain houses of ill-fame, bowling alleys, billiard tables 26 19 Power to locate powder houses 26 19 Power to regulate sale of explosive substances . . 26 19 Power to prevent horse racing and immoderate driving 26 19 Power to regulate bathing 26 19 Power to restrain and prevent vagrants, beggars and prostitutes 26 19 Power to establish public pounds 26 19 Power to appoint poundmaster 26 19 INDEX TO CITY CHARTER 153 COMMON COUNCIL— (Continued.) seC. Power to restrain the naming at large of cattle, PAGE. swine and fowls 26 19 Power to regulate ringing of bells, crying of goods, firing of guns, etc., 26 19 Power to regulate the Use and sale of fire works 26 19 Power to make regulations for taxing and con- fining of dogs 26 19 Power to regulate reservoirs, hydrants and water pipes 26 1£ Power to regulate sale of fish and meat 26 19 Power to regulate use of slaughter houses 26 20 Power to regulate hacking, peddling and sale of goods at auction 26n 20 Power to tax and license pawnbrokers 26n 20 Power to tax and license auctioneers and peddlers 26n 20 Power to license hackmen ' 26o 20 Power to regulate carrying passengers 26p 20 Power to prevent obstruction of streets by loco- motives and other cars 26q 20 Power to regulate speed of locomotives and other cars 26q 20 Power to require railroads to erect gates at crossings 26q 20 Power to compel employ of flagmen at railroad crossings 26q 20 Power as to bond of city chamberlain 26r 20 Power as to other officer's bonds 26r 20 Power to legulate the planting of shade and ornamental tiees 26s 20 Power to recrulate the burial of the dead 26t 21 Power to protect the cemeteries 26t 21 Power t'j remote buildings extending over streets or water coiiiseii 26u 21 Power as to building materials 26v 21 Power to name streets and number houses .... 26w 21 Power to employ attorney 26x 21 Power implied 26y 21 Power as to street lights ^ 26z 21 Power to regulate the selling, weighing and measuring of coal, etc 26z2 21 General power to enact ordinances for welfare Of city 26z3 21 Power to remove building, fence or sign by reso- hition 27a 21 Power to remove wall or unsafe structure 27b 22 Power to requije enforcement of ordinances or regulations 27c 22 Power to compel officers to furnish report or information 27d 22 Power to dfc.'.ignate official newspaper 27e 22 Power to make contracts and to provide gen- erally for tlie welfare of the city 27f 22 Power to appoint a page 27g 22 Power of cojnmon council to fix penalty 28 22 Power lo make, modify and repeal ordinances. . 30 23 Power lo I ass billj resolutions or order over mayor's veto 31 24 Aldermen to attend meetings 33 29 Special meetings 33 29 To fix salar3' of city physician 37 30 To fiK salary of city sealer 38 30 154 INDEX TO CITY CHARTER COMMON COUNCIL— (Continued.) SEC. PAGE. To fix salary cf city clerk 39 31 When to designate city depository 43 33 To approve chamberlain's bond 44 33 Power to borrow money on notes 47 35 To be governed by estimates 47 35 Power to transfer fund 48 36 To fix salary of clerk of assessors 49 38 Powers of common council in relation to assess- ment rolls 50 40 Power to assess omitted property 50 41 Power to alter ami correct mayor's estimate. . . 51 42 To publish estimates of mayor 51 42 Estimate as altered and corrected to be pub- lished 51 42 When to levy taxes 53 43 To settle with city chamberlain 54 45 When to give declaration of tax sale . ., 58 46 Restricted as to appropriations 66 49 How to raise money for extraordinary expenses . . 72 50 Shall make an estimate 72 51 Certificates of special election to be presented to 72 52 Sum voted, Low and When to be raised 72 52 Limit of amount to be raised on special election 72 52 May borrow amount of special tax - 72 52 Not to create pecuniary obligations not payable within fiscal year 73 53 To he eoji'inissionera of highways 77 55 To 'lay out streety 77a 55 To pass oidnianccs 77b 55 To reiiiove obstructions from streets and side- walks 77c 55 Shall ascertain ejfpense for removing nuisance and gi\'ing notice to owner 79 56 Shall declare intention to lay out streets 80 57 May purchase land 80 57 How to acfjuire title 81 57 May enter upon gi-ounds, etc., to make surveys. . 81 57 To direct cwporation counsel to take proceedings to acquire land 81 57 To publish notice 83 58 To cause notice to be sen'ed on property own- ers in street opening proceedings 83 58 When notice to be served 83 53 Commissioners in street openings to report to 85 60 To publish notice of such report 86 61 Shall specify a time to act upon said report ....,, 86 61 May confirir report, or set same aside 86 61 How to make assessment for street openings 87 61 When to take lands for street openings 92 63 To cause copy of report to be recorded in county clerk's office 92 63 May grant franchises 100 65 Common council to give notice of application for franchise lOO 65 To appoint acting city judge ,. . 133 73 To appoint acting recorder 139 §2 To fix salary of recorder's clerk 141 §4 To fix bond of recorder's clerk 141 §4 Appointment of commissioners of public works.. 143 86 To enact Ordinance relating to width of tires.. 156 92 To levy pavement fund I57 92 INDEX TO CITY CHARTER 155 COMMON COUNCIL— (Continued.) SEC. PAGE. Liiriit of ainount to be expended from pavement fund 162 98 To confirm fire commissioners 167 102 Duty as to assessment 160 94 To confirm police commissioners 186 117 May transfer to police fund for extraordinary- expenses 190 119 May appoint policemen 194 ng To confirm commissioners of public relief 200 123 To fix salary of overseer of poor 201 123 To conlinn park commissioners 206 124 To confirm cemetery commissioners 213 127 To fix salary of corporation counsel 219 130 To examine and settle all accounts against city.. 226 132 To cause claims to be verified ,. 227 132 Proceedings of, how read in evidence 238 136 Pov/er to clean channel of river 242 137 May pass special ordinance in relation to river. . 243 137 May remove officers 245 138 CONSTABLES— Officers of citv 4 9 When elected 5 9 Terms of olfi,;e . ., 5 9 Election of 5 10 Bonds 16 1.5 Mayor may appoint special police constable.... 196 120 CONTRACTS— Who not to be interested in 18 16 When void ,. . . 47 36 Common council, power as to 27f 22 Not to be created unless payable within fiscal year 73 53 Board of public works not to be interested in.. 165 100 CORPORATION^ COUNSEL— City ofiicor .' 4 9 Term of office ■ • . 6 11 Appointments of 6 11 To collect tax in foreign insurance 185 116 Head of deptirtnent of law 219 130 Salary of 219 130 City attorney changed to 219 130 Wlion entitled to costs 220 130 Duties of , 221 130 To publish notice iu street opening proceedings.. 83 ' 58 To rejiresent city in street opening proceedings. . 84 60 CORPORATIONS- Service upon ^■^o '^°" CORPORATE POVvERS— To sue and be sued ^ " To make and alter common seal 3 o To receive, hold and convey property. , . 3 8 COSTS In actions against the city, when not allowed . 228 133 Double, -nhen allowed to officer 23^ id* Wlien citv attorney entitled to ^^^ COUNTY CLERK— ^, , .^t. n u What oaths of office to be filed with ■ IJ- i^ Not to receive deed? or maps without assessors stamps 49 ^9 COUNTY TAX— -, Warrant, how signed '* " Warrant to chamberlain '4 156 INDEX TO CITY CHARTER COUNTY TAX— (Continued.) SEC. PAGE. When to bo paid 74 33 iKoiice to be given by Chamberlain 75 53 When pf rceiitage to be paid 75 54 When interest to be charged 75 54 Chamberlain to collect by levy 76 54 To be paid to county treasurer 76 54 When to make return of unpaid taxes 76 54 (See taxes.) CURBUTG— From \vliat fund payable 160 95 PoTver of board ot public works as to 154a 89 Amount paid to city chamberlain, to what fund credited 160 95 DAMAGES— Claims for to te presented to city 241 137 City not liable for without actual notice 241 136 Action for, when barred 241 137 DEBTS— Power of city to borrow to pay 47 35 Not to be contracted in excess of estimate 47 35 Personal liability of officers for 47 36 DEEDS— To be presented to assessors before recording. . . 49 39 Mapj to be stamped by assesors 49 39 DEPARTlvrENT OP PUBLIC WORKS— (See Board of Public Works.) DEPARTMENT OF FIKANCE— (See City Chamberlain.) DEPARTMENT OF FIRE— (See Fire Con missioners. ) DEPARTMENT OF POLICE— (See Police Commissioners.) DEPARTMENT OF PARKS— (See Park Commissioners.) DEPARTMENT OF Pl'BLIC RELIEF— (Sec Public Relief.) DEPARTMENT OF CEMETERIES— (See Cemetery Commissioners.) DFPARTMENT OF LiiW- (See Ctrj oration Counsel.) DECLARATION OF SiiLE— To be signed by mayor 58 46 What to ' contain 58 46 City cleric shall keep a register 58 47 May be a.if!igned 58 47 Title under 59 47 DOGS— Taxing, etc 261 19 DEPARTMENTS— Common council 20 16 Of finance 40 31 Of assessment and taxation 49 37 OC highways 77 54 Of judiciary, (city court,) 101 66 Of judiciary, (recorder's court,) 136 73 Of publjo works I43 35 Of fire 167 101 Of police 186 116 INDEX TO CITY CHARTER 15T DEPAKTMEWTS'— (Continued.) SEC. PAGE. Of public relief 200 122 Of parks ,. . . 205 124 Of law 219 129 Of cemeteries 213 127 Miscellaneous provisions 224 13L DEPOSITS— (See City Deposits.) DISORDERLY KOIjSES— Power of common council as to 26d 1? ELECTIONS— When held 5 9 To fill in case of vacancy 12 13 Who entitled to vote 8 12 Special to raise money for extraordinary expenses 72 51 Special to acquire lands for parks 212 128 ELECTION DISTRICTS^ How divided 7 12: ELECTION OFFICERS- Law applicable to 7 12; To canvass vote and make separate city returns 9 12; ELECTIVE OFFICERS— Names of 4 9' When elected 5 9i Terms of office 5 9' Vacancies, how filled 12 13 Oath of office 11 13 ENGINEER AND SURVEYOR— (See City Engineer.) ESTIMATESr- Of mayor 32 27 When to present 32 27 Different funds 32 28 Officers, boards, departments, to be governed by 47 35 To be published 51 42 As altered and corrected^ to be published 51 42 Council may alter and correct 51 42 In ease council fail to act, what governs 51 42 Illegal item, not to invalidate 51 43 Personal liability for exceeding 47 36- EXPENSES— To be governed by estimate 47 3ff dBstimate of 32 27 EXEMPT— What property exempt from taxation 67 49 EXEOHPT FIREMEN— Lot of 185 116 Markers on 185 116 EXHIBITIONS— Ordinance to prevent 26c 19 EXPLOSIVE COMPOUNDSt- Council may regulate sale and use of 26k 19 EXTRAORDINARY EXPENSOESI— Money for, how raised '. 72 50 For police department 190 118 For fire department 180 109 EVIDENCE— Act, ordinance or proceeding of council may be read in ; 238 136 Charter, may be read in 239 136 FIRE COMMISSIONERS^ Creation of office of 4 9 ' Who shall constitute 167 1011 12 158 INDEX TO CITY CHARTER FIRE COMMISSIONEBS— (Continued.) SEC. PAGE. When appointed 168 102 Term of office 168 102 President of 169 102 aerk of 169 102 Quorum of 169 102 May establish rules 169 102 Shall take oath of office 170 102 Where to meet 170 102 Who not eligible 170 102 Shall appoint firemen 171 103 Shall .appoint chief engineer and assistant engineers 171 103 Fire limits 173 104 Power of, in fire limits 173 104 Power as to construction of chimneys 174 105 To regulate deposit of ashes 174 105 To regulate use of fireworks 174 105 To compel construction of fire escapes 174 105 To,make regulations for prevention of fire 174 105 To have power of fire wardens 174 105 Power to examine premises 174 105 Publication of rules of 174 105 Powers as to erection of buildings 175 105 Power to modify rules 176 106 Penalty for violation of rules of 177 , 107 Power to remit fines or penalties 177 107 Annual estimates of 178 107 Separate fund of 178 108 Power to make contracts 180 108 Audits of and personal liability of 180 109 iQuarterly report of 180 109 Power to prosecute 183 110 ■Shall be trustees of firemen's pension fund .... 185 111 ■powers of, as to firemen's pension fund 185 112 PIRE DEPARTMENT— General control of 167 101 Kules of 169 102* FIRE DEPARTMENT FUND^ Estimate for 32h 28 firemen- How appointed 171 103 Removal of I7I 103 Suspension of ' 172 103 Exempt from jury nnd military duty 181 109 FIRE LIMITS— Boundaries of I73 jq^. FIREMEN'S PENSION FUND^ Establishment of 184 no Shall consist of 184 110-111 Trustees of Igg ^11 Chairman of trustees 185 m Treasurer of [\\ lg5 112 Secretary of jgg j-^2 5"'®^°^, '.'.'.'.'.'.'.'.'.'.'.'.'. 185 112 Records of jgg -.jn Power to grant pensions Igg Application for pensions ' igg 112 112 pension . ^ jgg jjg 113 114 114 Amount of Pension to family of firemen 185 Pension to parents of firemen igg IPension, how paid igg INDEX TO CITY CHARTER 159 FIREMEN'S PENSION FUND— (Continued.) SEC. PAGE. Orders, how drawn 185 115 Investment of funds igs 115 Annual report "....'.'.'.'.'. 185(8) 115 Monument for exempt firemen 185 1 ir FIREWORKS— Power of fire commissioners to regulate 174 105 Power of common council to regulate 26k 19 FISCAL YEAR— When to commence 42 32 FOWLS— Ordinance to restrain running at large 26j 19 FUNDS— Estimate of 32 27 Oeneral 32 * 27 P'oliloe V , 32 27 Lamp 32 28 Street 32' 28 Bridge and watercourse 32 28 Sewer 32 28 Park 32 28 Fire department 32 28 Limit of funds 32 28 Interest and principal on bonds 32 28 How may be transferred 48 36 Officers to be governed by estimate 47 36 Pavement ; 162 97 Firemen's pension .- 184 110 Board of public works to expend certain funds. . 151 88 Not to be overdrawn 47 36 Transfer of '. 48 36 FRANCHISES— To be granted by ordinance 100 65 Vote I required 100 65 Term of 100 65 Renewals 100 65 GAMING HOUSESI— Ordinance to preveifit 26b , 18 GAS COMPANY— To receive notice of intention to pave 161 96 Power of board of public works as to 161 96 GENERAL FUND^- Provision for 32a 27; Charges ' against 152 88 GUN POWDER— Ordinance in relation to 26e 19 GRIEVANCE DAYS— Before assessors 49 40 HOUSES OF ILL-FAME— Ordinance to prevent 26d 19 HUCKSTERING— Ordinance to regulate 26n 20 HYDRANTS— Ordinances regulating use of 26m 20 HIGHWAYS— Common council to be commissioners of 77 55 HACKMEN— Ordinance to regulate 26 20 INSPECTORS OF ELECTION— Laws applicable to 9 12 To canvass vote 9 12 To certify statement of result 9 12 Shall make separate returns as to city officers. . 9 12 160 INDEX TO CITY CHARTEK SEC. PAGE. INELIGIBILITY— „. x •+ « .= 18 15 Persons prohibited from holding two city offices 18 i-O INSPECTORS OF SIDEWALKS— Appointment and salary of -1*° INTEREST— 44 On city taxes, when to be added o^ J^ On county taxes, when to be added v5 o* To be credited to general fund 4^ ^^ JUSTICES OF PEACE^ io= 7s No election of 135 /» •'^^"^ow selected 244 137 Where filed 244 137 JUDICIARY— (See City Court.) (See Recorder's Court.) JUDGMiENT— Against city, how paid ^■'*5 ■'^^ LAMP FUND— Provision for ^■^° ^' LIGHTS— Power of common council as to 2oz ^i LICENSES— Common council may revoke 23 17 Mayor may revoke 31 24 LAW DEPARTMENT— Head of 219 130 (See Corporation Counsel.) LEVY— Of city taxes 53 43 Of special taxes 53 43 MAYOR— Officer of city 4 9 Election 5 9 Term of office 5 9 Present incumbent term 5 10 First election of mayor in November, 1907 .... 5 10 To nominate city clerk 6 11 Oath of office, when to enter on duties 10 12 In ease of tie vote special election to be ordered 12 13 Common council to appoint, when 12 13 To approve bonds of officers 15 16 Not to be interested in contracts 18 16 Member of common council 20 16 To preside at council meetings 20 16 When to vote 21 17 May issue attachment for witness 24 17 Is chief executive officer 31 23 Duty of 31 23 To make recommendations to common council from time to time 31 24 Veto power 31 24 MJay suspend officer 31 24 May revoke license 31 24 May hear complaints summarily 31 24 Hearing and notice of complaint 31 25 Shall sign appointments, orders of city chamber- lain, deeds and contracts 31 25 Shall have custody of seal 31 25 Shall have authority to examine books and papers of any officer 31 25 May employ an attorney 31 25 INDEX TO CITY CHARTER 161 MAYOR— (Continued.) SEC. PAGE. May appoint a mayor's clerk 31 25 May call special meeting of common council 31 25 Shall appoint standing committees of common council 31 25 Power to administer oaths and affidavits 31 26 Power to make arrests 31 26 May hold court special sessions 31 26 Salary of 31 27 To present estimate to common council for budget 32 27 When estimate to b& presented 32 27 What estimate is to contain 32 27-28 Estimate to be published 51 42 To approve franchises 100 65 Shall sign city tax warrant 53 44 To nominate commissioners of public works. . . . 144 86 Shall be president of board of public works. . . . 145 86 Shall be fire commissioner 167 101 Shall nominate fire commissioners 168 102 Shall be president of fire commission 169 102 May suspend members of fire department 172 103 Shall be chairman of trustees of firemen's pen- sion fund 184 111 Shall be police commissioner 186 116 Shall nominate police commissioners 186 117 Shall appoint time for annual meeting 188 117 Shall be president of police commission 186 117 May suspend member of police force 193 119 May appoint special police constables 196 120 Shall appoint commissioners of public relief .... 200 123 Shall be member of commission 200 123 Shall be park commissioner 205 124 Shall nominate park commissioners 206 124 Shall be president of park commission 207 125 To nominate cemetery commissioners 213 127 Shall sign cemetery deeds 218 129 May administer oaths 234 135 MISDEMEANOR— Violation of ordinance 28 22 Contracts or debts, auditing of, in excess of estimate 47 36 Officers interested in contract, guilty of 165 100 Violation of rules of fire commissioners, a 177 107 MONEYS— To be received and paid by city chamberlain ... 40 32 How drawn from city depository 43 33 How raised by special tax 72 50 Mayor's estimate of, for city expenses 32 27 MAPS— Of city, where kept 240 136 To be presented to assessors 49 39 MEETINGS— Of common council 22 17 Special of common council, when to be held 22 17 Notice, how served 22 17 mortgagee- How term used " 64 49 NEWSPAPERS^— Council to designate paper to publish proceedings, resolutions, etc 27e 22 NOTICES— Of elections 9 12 162 INDEX TO CITY CHARTER NOTICES— (Continued.) SEC. PAGE. Of special elections 12 13 For special meetings of common council 22 17 To be given by assessors 49 40 By city chamberlain, on receipts of tax roll 54 44 Contents of notice of receipt of tax roll 54 44 To joint owners of property ' 70 50 Tor special election to raise money for extraordi- nary expenses 72 51 Of county tax by chamberlain 75 53 Owner of property to be given notice of expense for removing nuisance, how given 79 56 In proceedings to open streets, what contain. ... 83 58 To property owners in proceedings to open street 83 58 By common council of the filing of repoi-t of com- missioners in street opening 86 61 What notice shall specify 86 61 City chamberlain to publish, of street opening assessment 88 62 Of appeal in street opening 94 64 Of franchises to be published 100 65 City not liable without actual 241 136 Rules of city court, publication of 118 73 Of pavement assessments 160 94 Of sidewalk, etc., assessments 160 94 As to assessment for gas and water mains 161 96 Of unclaimed goods by recorder 142 84 Service upon corporations „ . 236 135 Proof of service of 237 135 irUISANCES— Power of common council as to 78 55 Expense for removing, how collected 78 55 OATH OF office:— Every person elected shall take 11 13 Before whom taken 11 13 When filed 11 13 When filed with county clerk 11 13 Time in which to take oath 11 13 OFFICE HOURS— Of city clerk 39 31 City chamberlain 41 32 Of assessors 49 33 CSty court . . ., 128 77 Recorder 136 78 OMNIBUSES- Ordinances to regulate 26d 20 OFFICERS OF CITY— (See City Officers.) OFFICERS ELECTED— Vacancies, how filled 12 t? OFFICERS— (See City Oflicers.) Qualifications of I4 j^ Removal from city or ward I4 14 To give bonds ...".'.'.'.'. .15-16 15 Who fail to file bonds 17 jg Eligibility of 18 15 To deliver property to successors .'. 19 ig Penalty for neglect to deliver I9 -^g Wlio to prescribe duties of 23 17 Misconduct of, who has power to remove 23 17 Sureties on bonds of 26r 20 Common council may compel reports of ... 27d 22 INDEX TO CITY CHARTER 163 OFFICERS— (Continued.) SEC. PAGE. Power of mayor to suspend 31 24 Personal liability of ] " . " 47 35 Not to contract debts in excess of estimate ... 47 35 Not to contract debts 224 132 Civil actions against 232 134 Wben to hold over 245 138 Appointed to fill vacancies 245 l38 ORDINANCES^ Who to make, amend or repeal 26 18 Powers of common council 26 18 Violation of, a misdemeanor 28 22 Penalty for violation 28 22 May be read in evidence 29 22 Printed volume, presumptive evidence 29 22 When to take effect 30 23 Publication of 30 23 Modification and repeal 30 23 Mayor may veto 31 24 How passed over veto ^ 31 24 Vote required to pass or amend 21 17 As to trimming trees 145g 90 As to width of wagon tires ,eto., 156 92 Actions for violation of 222 133 How read in evidence 238 136 In regard to river 243 137 Continued in force 246 137 OVERSEER OF POORh- Appointment of 201 123 Powers of 201 123 Bond of 201 123 Salary of ., 201 123 (See Public Relief.) PAWNBROKERS— Ordinance to license 26n 20 PARK COMMISSIONERS— Shall have control of public parks and grounds. . 205 124 Appointment of - 206 124 Terms of office 206 124 President and clerk of 207 125 Shall make rules • 207 125 Oaths of office 208 125 Meetings of 208 125 Funds of 209 125 May receive contributions 210 125 Reports of 210 125 Contracts and audits 210 125 May acquire lands for park purposes 211 126 ■ How to acquire lands 212 126 PARKS— Commissioners of 205 124 Rules governing park commission 207 125 PARK FUND— Provision for 3?.g 28 PAVEMENTS— Power of board of public works as to laying and repairing of 155 91 New pavement, how apportioned 158 92 Repairing of pavement, how paid 159 93 Cost of, how ascertained and assessed 160 94 New pavement or sidewalk, when paid 160 94 Not to exceed amount of fund 162 98 ' Not to be disturbed without consent 164 99 164 INDEX TO CITY CHARTER PAVEMENT FUND^ SEC. PAGE. How raised 157 92 How expended *■ 1^ ' ^^ Exclusive authority over 157 92 Limit of 162 97 Personal liability for exceeding limit 162 98 PAPERS— ,„ ,„ To be delivered to successor 19 io PROPERTY OF CITY— To be delivered to successor 19 16 PENALTY— For witness failing to appear 24 18 For violation of ordinaoace 28 22 For making certain contracts 47 36 For failure to deliver statement to assessors .... 50 42 For violation of rules of board of public works 166 100 For violation of rules of fire commissioners 177 107 PERSONAL LIABILITY— Of officers, boards and departj'.'cr ts in exceeding amount of estimate 47 36 Of fire commissioners 180 109 Of police commissioners 191 119 PUBLICATION— Ordinances, publication of 30 23 Of notice by assessors , 49 40 Of mayor's estimate 51 42 Estimate as altered and collected, publication of 51 42 Of notice by chamberlain of receipt of city tax roll 54 44 Of rules of city court 118 73 Of rules of board of public works 164 99 Of rules and regulations of fire commission J74 105 PERCENTAGE AND INTEREST— Added in case of neglect to pay city taxes 54 44 County tax, when added 75 54 PUBLIC WORKS— (See Board of Public Works.) Superintendent of 148 87 POLICE DEPARTMENT— Control of 186 116 POLICE COMMISSIONERS^ Office of 4 9 How and when appointed 186 116-117 Term of ofRce 186 117 When to commence '. 186 117 Political party representation 186 117 Oath of office 187 117 When office vacated 187 117 Annual meeting of 188 117 President of 188 117 Quorum of 189 US Vote necessary to appoint policemen 189 118 To make rules and regulations 189 118 Clerk of 189 ng Shall make annual estimate to common council 190 118 Shall fix salary of police force IQO , 118 Extraordinary expense of 190 ng Personal liability of 191 jjg Removal of members of police force 192 ] 19 May suspend policemen I93 jjg Vacancies in force, how filled ,.-. . . , . 193 uq May appoint special police officers 19.5 120 Appointment of chief of police 197 119 119 120 120 INDEX TO CITY CHARTER 165 POLICE COMMISSIONERS— (Continued.) SBC. PAGE. To appoint captain, inspector, sergeant and roundsmen I97 12O May change appointment I97 120 PoUee constables ^ 197 X20 To prescribe duties of officers 197 120 May appoint patrol drivers 197 120 POLICEMEN— Vote necessary to appoint 189 118 Salary, how and when fixed 190 118 Removal of 192 119 Suspension of I93 119 Salary during suspension 193 119 Qualifications of 193 119 When common council may appoint 194 119 Appointment of special 195 120 Appointment of police constables 196 120 Shall take oath of office 199 121 Powers and duties of 199 121 To serve civil process 199 121 Power to arrest without process 199 121 Not to receive fees or reward 199 122 To receive traveling expenses 199 122 Bills for county charges 199 122 POLICE FUND— Provision for 32b 27 POUNDMASTER— Appointment of 26i 19 POWDER HOUSE— Ixjcation of 26e 19 PROSTITUTION— Ordinance to punish 26h 19 PROCEEDNGS^ Of common council, how read in evidence 238 136 Publication of 27e 22 PUBLIC RELIEF— Commission of 200 123 Appointment of 200 123 Terms of offitee 200 123 Shall appoint overseer of poor ■ 201 123 Powers and duties of commission 202 123 Audits of 202 123 PUBLIC SCHOOL— Act 235 135 QUALIFICATIONS— Of voters 8 12 For office 14 14 Of members of board of public works 143 86 RACING AND DRIVING— Ordinance to prevent 26f 19 Ordinance as to 26f 19 RAILROADS— Ordinance to regulate speed of cars 262 20 Ordinance to compel gates at crossings 262 20 Ordinance to compel flagmen at crossings 262 20 Ordinance to ' prevent street obstruction 262 20 RAILWAY COMPANIES— Duties of when street is to be paved 161 95 Board of public works, powers as to 161 95 REPORTS— Common council, may compel 27d 22 City chamberlain, annual 42 .32 Of commission in street opening 85 68 Clerk city court 126 76 166 INDEX TO CITY CHARTER REPORTS— (Continued.) SBC. PAGE. Of fire commission 180 109 Recorder 140 83 Cemetery commission 218 129 REDEMPTION OF TAX SALES^ When to redeem 58 46 Who may redeem 58 46 RECORDER— Officer of city 4 9 Term of office 5 9 Election of 5 10 Vacancy, how filled 12 14 Bond of 15 14 Oath of office 136 78 Office hours 136 78 Duties of 136 78 Qualifications of ...-. 136 78 Salary of 136 79 Vacation of 136 79 Reports of 131 79 Removal of 136 79 Powers and jurisdiction of 137-138 79-80-81 General power of 138 81 Acting recorder 139 82 Appointment of acting recorder 139 82 Docket of 139 82 Not to receive fees 140 82 Payment of fees and fines to city chamberlain. . . 140 83 Mjonthly report of 140 83 Court charges, how presented 140 83 May appoint clerk 141 83 Report of unclaimed goods 142 84 Sale of unclaimed goods 142 84 As to stolen property 142 85 When stolen property not to be sold 142 85 RECORDER'S CLERK— Appointment of 141 83 Shall be stenographer t 141 83 Oath of office 141 83 Duties of 141 83 Powers of ■ 141 84 Salary of . . ,. ' ' " 141 §4 Bond of 141 34 RULES— Of common council 23 17 Of board of public works 164 99 Penalty for violation of 166 100 Of city court ng ^3 Of fire commissioners 174 105 Publication of 174 105 Penalty for violation of rules of ', 177 10,7 Of police department Igg i ig Of park commissioners _\[ 207 125 RIVER— Power of council to clean channel of. 249 iq" SALARIES— ^**' Of mayor 31 „„ m aldermen 33 ^ Or supervisors 34 „„ Of overseer of the poor .■.■.■:.■;; .' .' .' ." ; .' .' .' ." 20I 123 Of city clerk 39 Z^ Of corporation counsel 219 130 INDEX TO CITY CHARTER 167 SALAHIESr-(Continued.) SEC. PAGE. Of assessors' clerk 49 33 Of assessors 4.9 gg Of city chamberlain 41 32 Of city judge ......'." 129 77 Of stenographer city court 130 77 Of clerk city court 131 77 Of acting city judge 1162 77 Of city engineer I47 §7 Of superintendent of public works 148 87 Of sidewalk inspectors 148 87 Of city physician 37 30 Of city sealer 38 30 Of recorder ' ' 136 79 Of acting recorder 136 79 SCHOOLS— Act in regard to 235 135 SEWERS— ■ Estimates for, how made 153c 89 Powers of board of public works as to 154c 89 SEWER FUND^ Provision for 32f 28 Who to expend 151 88 SEALER— Office of 4 10 Term of 6 10 Duties of 38 30 Salary of 38 30 SIDEWALKS— Common council to remove obstructions upon. . 77c 55 Power of board of public works, as to 154a 89 Building of 154h 91 Board of public works may clean snow from. . . . 158 93 Expense of building, how paid 158 93 Expense of building, when to be paid 160 95 Stone sidewalk, when to be paid 160 94 SIDEWALK INSPECTORS— Appointment and salary of 148 87 SLAUGHTER HOUSES— Ordinance to regulate use of 26m 20 STREETS— Power of common council as to names and numbers of 26w 21 Common council to lay out, etc 76a 55 Common council to remove obstructions from. . 76c 55 Common council to declare intention to lay out 80 57 How to acquire title to land for 81 57 Map to be filed with city and county clerk .... 81 57 Not to be contracted or discontinued..., 82 58 Notice in proceedings to open 83 58 Who may be commissioners in proceedings to open 83 58 Opening of power of court 83 59 Assessment for, how made 87 61 Opening of, when lands to be taken 92 63 Appeals 93 63 Estimates for, how made 153a 89 Power of board of public works, as to 154a 89 Excavations in 154f 90 STREET FUND<— Provisions for 32d 28 Who shall expend 151 88 Curb stones to be paid from 160 95 168 INDEX TO CITY CHARTER SBC. PAGE. STENOGRAPHER CITY COURT— Qualifications of • ■• J;* ^* Appointment and oath of office of lUa oi Duties of 103 f Salary of 1^0 // SUMMONS— ,_ Who may issue ^* ^ ' 4 9 9 14 29 29 29 29 29 50 51 SUPERVISORS— Office of 4 When elected, term of office of " Qualifications of Ij General power of 34 Compensation of 34 Shall be board of audit 35 Duties of 36 What accounts to audit 36 Taxes imposed by, how assessed 36 29 When tax roll to be delivered to 50 40 Shall be fence viewers 244 138 SUPPLEMENTARY PROCEEDINGS— For collection of tax by ■ ■ ■ • 69 SPECIAL ELECTION— To vote money for extraordinary purposes 72 SPECLA.L TAX— How levied and raised 72 50 How assessed 53 43 STATE AND COUNTY TAXES^ Warrant for 74 53 Roll to be delivered to chamberlain 74 53 When payable 74 53 SALE— Of property for unpaid taxes 56 46 SUPERINTENDENT PUBLIC WORKS— Office of 4 9 To give bond 15 14 Appointment of 148 87 Salary of 148 87 Term of office and duties of 150 88 Not to employ own team 150 88 Not to be interested in contracts 150 88 Salary, where chargeable 152 88 Interest in contracts prohibited 158 129 SWINE— Ordinance to prevent running at large 26j 19 TAX— Vote of common council as to 21 17 TAXATION— What property exempt from 67 49 TAXES— Kmit of amount to be raised 32 28 When and how assessed 53 43 Collection of 55 45 Assessment of 51 42 Sums to be raised how assessed 52 43 Time of hearing 52 43 What changes may be made 52 43 Roll when completed, to be reported to common council , 52 43 City, how and when assessed 53 43 Percentage for collection 54 44 Interest, when to be added 54 44 Unpaid to be reported to common council 55 45 INDEX TO CITY CHARTER 169 TAXES— (Continued.) SEC. PAGE. Real estate may be sold 56 45 Fees for selling real estate 56 45 When it shall become a lien 56 46 Manner of sale of real estate 57 46 Sale for may be stopped for payment 57 46 Certificate of sale, what to contain 57 46 Certificate of sale, where filed 57 46 Sale for, time to redeem '. . . . 58 46 Possession of property, under tax sale 58 46 Certificate of sale assignable 58 47 Title acquired under sale 59 47 Sale for, to city 60 47 Sale for, redemption of 61 48 Who may redeem , 61 48 Sale for, eflfeet on mortgage lien 62 48 Notice to mortgagee by purchaser 62 48 Sale for, payment by mortgagee 62 48 Sale for, notice to mortgagee, how given ....... 63 49 Title to property sold for, to be certified by county clerk 65 49 What property exemj)t from 67 49 Miay be collected by civil action 68 49 Supplementary proceedings to collect tax 69 49 Special, before effect of this act 71 50 Special, how raised 72 50 How expended 72 62 Amount voted to be raised may be borrowed .... 72 52 Special to be kept separate by city chamberlain 72 53 County, warrant for 74 53 Percentage and interest, when added 75 54 Sale of Chattels for 74 53 Special, for street opening 90 62 Special, how refunded 9.1 63 Common council may levy special 242 137 TAX SALES^ When to be had 56 46 Fee of chamberlain on 57 46 Description of premises to be filed with city clerk 57 46 Premises to be advertised 57 46 Three certificates to be made 57 46 When property to be redeemed 58 46 Declaration of sale 58 46 Title under 59 47 Wben city purchase at 60 47 How property may be redeemed 61 48 Who may redeem 61 48 Mortgage not affected by 62 48 TELEPHONE COMPANY— To receive notice of intention to pave 161 96 Powers of board of public works as to 161 96 TREES— Ordinances as to 26s 20 Planting and pruning of 154g 90 TRANSFER OF FUNDS^ How made 48- 36 TREASURER— City chamberlain to be 40 31 UNPAID TAXES— City chamberlain to transmit list to common council 55 45 Collection of 55 46 170 INDEX TO CITY CHARTER SBC. PAGE. UNPAID assessments- How collected 162 96 VACANCIES— Special election, when held 12 13 Notice of election 12 13 Election, when held 12 13 Mayor, how filled 12 13 Alderman, how filled 12 ;, 13 Supervisor, how filled 12 13 City judge 12 14 Riecorder 12 14 In elective offices 13 14 ' Vacancy, cause of 14 14 Failure to file bond 17 15 Holding two ofiiices creates vacancy 18 15 In appointive officers 245 138 VAGRANTS— Ordinance to punish 26h 19 VETO— Mayor may veto 31 24 Measures, how passed over mayor's veto 31 24 VICE AND nVTMiORALITY— Ordinance to prevent 26a 18 VOTERS— Qualifications of 8 12 WAGONS— Routes of travel of 154e 90 Width of tires of 156 92 WARDS— Number and description of 2 5-6-7-8 Officers of 5 9 To be regarded as towns 244 138 WARD OPEICERS- Aldermen 5 g Supervisor ,. .■. .i 5 9 WATER— Ordinance to regulate use of 26m 20 Provision for supply of 32h 28 WARRANT— For collection of city taxes 53 43 For collection of state and county taxes 74 53 Mayor may issue 31 or WATER COMPANY— To receive notice of intention to pave 161' 96 Power of board of public works as to. . .• 161 Ofi WITNESS— Compelled to appear and testify 24 17 Penalty for failure to appear 24 18 To appear before commissioners and committees. 24 18 xEAR— ^ Fiscal year 42 32 Civil year ij^ 53