Ml ..y Univ. of 111. Library 51. 199 Digitized by the Internet Archive in 2015 https://archive.org/details/lawsordinancesofOOcoho THE Laws and Ordinances —OF THE— CITY OF COHOES, INCLUDING THE REVISED CHARTER, ACTS OF THE LEGISLATURE RELATING TO THE CITY OF COHOES, TOGETHER WITH CERTAIN GENERAL STATUTES AND PARTS OF STATUTES OF THE STATE OF NEW YORK, APPLICABLE TO SAID CITY, BESIDES OTHER USEFUL MATTER PERTAINING TO ITS GOVERNMENT. COMPILED, ANNOTATED, ARRANGED AND INDEXED BY EDGAR B. NICHOLS, COUNSELOR AT LAW. Published by Obder of the Common Council. COHOES, N. Y. R S Clark, Printer and Publisher. 1901. AUTHORITY FOR COMPILATION and PUBLICATION. IN COMMON COUNCIL, April 16, 1901. By Alderman Clark : Whereas, Since the last compilation, in 1893, of the laws and ordi- nances governing this city, the charter of said city and ' the other statutes included in said compilation have been amended in many particulars, and especially as, during the present session of the legislature, several important amendments to the charter have been and will be enacted ; and Whereas, Since the said compilation, a number of ordinances have been passed by the common council, which are, in part, additional to, and, in part, amendments, revisions or repeals of, many of those included in said compilation, while others, relative to matters not embraced in the provisions of the existing ordinances, are required by present conditions ; and Whereas, The many changes made and anticipated in the laws and ordinances of the city, to which reference is here made, renders, and will render, the present compilation thereof not only practically useless to all who may consult it, but positively misleading to the average person untrained in legal matters ; therefore, be it Resolved, That the committee on by-laws cause the ordinances passed by the common council to be revised and a draft made of such additional ordi- nances as may be deemed needful and proper and also cause the charter and several statutes, as now amended, relating to the government of the city, including amendments by the present session of the legislature, together with said ordidances and such other matter pertaining to the municipal government as may be useful for general reference, to be compiled, anno- tated, and alphabetically and properly indexed, at a cost not to exceed the sum of three hundred dollars ($300.00) ; and be it further Resolved, That the printing committee cause not to exceed one hun- dred (100) copies of said compilation to be printed at a price not to exceed three dollars ($3.00) each, for the use of the common council and the several departments and officers of said city. Unanimously adopted. A true copy of the original record. WILLIAM J. ELLIOT, City Clerk and Clerk of the Common Council. IN COMMON COUNCIL, August 6, 1901. Alderman Smith of the printing committee reported that the contract for printing the compilation of the laws and ordinances of the city had been awarded by his committee to R. S. Clark, whose bid for the same was the lowest received, to wit : eighty-eight cents per page. He further reported that it was possible that the contract price would exceed the appropriation, it being dependent on the number of pages, and asked that, in that event, the deficiency be met. Report of the printing committee accepted and its action confirmed and the printing of the proposed compilation of the laws and ordinances of the city authorized at eighty-eight cents per page. A true copy of the original record. WILLIAM J. ELLIOT, City Clerk and Clerk of the Common Council. The following are the final reports of the committees of the common council having in charge the preparation and publication of this compilation : To the Honorable the common council of the city of Oohoes : Gentlemen — Your committee on by-laws, which, by resolution of this body, passed April 16, 1901, was authorized and directed to cause to be re- vised the ordinances of said city and to have the city charter and statutes relating to the government of said city, together with said ordinances, when passed, compiled, annotated and indexed, would respectfully report that your committee employed therefor Edgar B. Nichols, counselor at law, who has performed the work in accordance with said resolution. Dated Cohoes, N. Y., January 21, 1902. Yours respectfully, GEORGE H. CARROLL, EDMUND A. BERNARD, WILLIAM FELLOWS, PARKER G. TYMERSON, WILLIAM A. STANTON, Committee on By-Laws. To the common council of the city of Cohoes : Gentlemen— Your committee on printing, which was authorized and directed by your resolution heretofore passed, to have printed a compilation of the laws and ordinances of the city of Cohoes, would respectfully report that the contract for said work was let by your said committee to R. S. Clark, printer, who has completed the same in a creditable and satisfactory manner. Dated Cohoes, N. Y., January 21, 1902. Respectfully submitted, ARTHUR E. SMITH, JAMES H. DARROW, WILLIAM B. CLARK, GEORGE H. CARROLL, JOHN H. McLEAN, Com?nittee on Printing. CONTENTS. REVISED CHARTER. TITLE I. Boundaries of city and wards 1 TITLE II. Corporate name and powers 6 TITLE III. Election of officers 6 TITLE IV. The common council „ 11 TITLE V. OF OFFICERS : Elective officers 28 Appointive officers 39 Miscellaneous provisions relating to officers 63 TITLE VI. Public instruction 70 TITLE VII. POLICE GOVERNMENT : The board of police commissioners 90 The police force 97 TITLE VIII. Water supply 108 TITLE IX. The tire department 119 TITLE X. Assessment and collection of taxes. . 130 Contents. TITLE XL LOCAL IMPROVEMENTS : Streets and high ways 146 Construction of sewers 162 TITLE XII. Claims and demands against the city 166 TITLE XIIL Miscellaneous provisions > 168 LOCAL AND GENERAL STATUTES, APPLICABLE TO THE CITY OF COHOES. Liability of the city for negligence; chap. 183, laws of 1881 172 Settlement and collection of taxes ; chap. 696, laws of 1900 174 Appointment of assistant district attorney, resi- dent in Cohoes; chap. 883, laws of 1896 184 Public improvement act, as amended ; chap. 227, laws of 1898 185 Public health law, as amended; chap. 661, laws of 1893 211 The general city law, as amended ; chap. 327, laws of 1900 227 The general municipal law, as amended; chap. 685, laws of 1892 251 The public officers law, as amended; chap. 681, laws of 1892 260 The civil service law, as amended; chap. 370, laws of 1899 273 Contents. Acts relating to the Cohoes hospital; chap. 260, laws of 1891; chap. 51, laws of 1896; chap. 513 laws of 1898, and chap. 295, laws of 1901. 297 Act for the relief of the board of education of the city of Cohoes; chap. 289, laws of 1901 304 Act changing time of annual meeting, etc., (in part), chap. 625, laws of 1901, (§§ 10-12). ..... 307 ORDINANCES, RULES, ETC. Ordinances of the common council _ 306 Sanitary ordinances of the board of health 343 Rules, orders and regulations of the board of police commissioners 357 Water rates, rules and regulations of the board of water commissioners 361 General rules of the board of tire commissioners. 367 Fire limits 373 List of fire alarm boxes 374 Rules and regulations of the board of health 375 Rules of the examining board of plumbers. . 381 History of local legislation .... 396 Lighting of streets 405 Street cleaning and repairing 411 Municipal tim e table 412 General index 41 5 The Charter of the City of Cohoes. CHAPTER 671, LAWS OF 1892. An Act to revise, consolidate and amend the several acts relating to the government of the city of Cohoes. Approved by the Governor May 18,1892. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : TITLE I. Section 1. The territory within the following limits Boundari, shall continue to be and constitute the city of Cohoes : of lhecil> Commencing at a point in the center of the south branch of the Mohawk river, in the bounds of the town of Watervliet, in the county of Albany, immedi-' ately east of the south line of the farm owned May nineteenth, eighteen hundred and sixty-nine, by Cor- nelius L. Tracy and Sarah M. Gould, running thence westerly along the said line to the center of the Erie canal ; thence northerly along the center of said • canal to the north line of said farm ; thence westerly along said north line to the west bounds of said farm ; thence in a direct line to the west line of the highway near the residence, in eighteen hundred and sixty-nine, of Francis T. Lansing, now deceased, in said town, at a point immediately west of the center of the bridge over the Sout-kill or Salt-kill, at that point; thence northerly along the west line of said highway to its intersection with the highway leading from Cohoes falls to the Bought ;* thence northerly along said line extended until it strikes the boundary line between * So in the original. 2 Laws of the City of Cohoes. [Title I. the farms, owned May nineteenth , eighteen hundred and sixty-nine, by Isaac D. F. Lansing and Sarah Miller, both now deceased ; thence along said bound ary line northeasterly to the easterly line of the Erie canal; thence northerly along said line of the Erie canal to a point where it strikes the line between the lands of the Cohoes Company and the lands owned as aforesaid by said Isaac D. F. Lansing; thence northeasterly along said last mentioned line in a direct line to the boundary line between the counties of Albany and Saratoga, in the Mohawk river ; thence easterly along the said boundary line between the counties of Albany and Saratoga, to the boundary line between the counties of Albany and Rensselaer, in the Hudson river ; thence southerly along said last mentioned line to a point in the Hudson river, east of the mouth of the middle sprout of the south branch of the Mohawk river; thence westerly along the center line of said middle sprout to the center of said south branch; thence southerly along the center of •the same to the place of beginning; being the limits of said city, as heretofore existing. wards. § 2. The city shall be divided into six wards, as follows : FIRST WARD. Boundaries All that part of the citv included within the follow- ed r 1 irst 1 v ward. j n g ii nes? to wit: Commencing at a point in the Mo- hawk river, where the center line of Vliet street extended intersects the boundary line of the city; thence westerly along said line and the center line of Vliet street to its intersection with the Erie canal; thence southerly along the center of said canal to the center line of New comb street, extended westerly to the center of the lands of the New York Central and Hudson river railroad company; thence westerly along- said line to the center of said railroad company's lands ; thence northerly and westerly along the center [Title I. Revised Charter. 3 line of said railroad company's land to its intersection with the northerly boundary line of said city ; thence northerly and easterly along the boundary line of the city to the place of beginning shall comprise the first ward. SECOND WARD. All that portion of the city comprised within the boundaries following lines, to wit : Commencing at a point in the war ^° n Mohawk river where the line of Vliet street extended intersects the boundary line of the city ; thence east- erly and southerly along said boundary line and the center of the south branch of said river as it flows easterly of Simmons' island to a point directly east of the south end of said island ; then westerly to the south end of said island ; thence in a direct line to the point of intersection of the center of Pine street with the center of the Champlain canal; thence westerly along the center of Pine street to its intersection with the center of Mohawk street ; thence northerly along the center line of Mohawk street to its intersection with the center line of Newcomb street; thence westerly along the said center line of Newcomb street and the same extended in a direct line to its intersection with the center of the Erie canal; thence northerly along the center of said canal to the center of Yliet street, thence easterly along Yliet street and the line of Vliet street extended to the place of beginning shall comprise the second ward . THIRD WARD. All that part of the city comprised within the follow- Boundaries ing lines, to wit : Commencing at a point in the center ward- ird of the south branch of the Mohawk river, directly east of the south end of Simmons' island ; thence southerly along the center of said south branch to a point where the center line of Cedar street extended easterly inter- sects the same ; thence westerly along said line and the center of Cedar street to the center of Saratoga street ; 4 Laws of the City of Cohofs. Title I.] thence southerly along the center line of Saratoga street to its intersection with the center line of Mohawk street; thence northerly and westerly along the center line of Mohawk street to its intersection with the center line of Columbia street ; thence westerly along the center line of Columbia street to the center line of the Erie canal ; thence northerly along the center line of said Erie canal to its intersection with center line of Newcomb street, extended in a direct line to the center line of the New York Central and Hudson river railroad ; thence easterly along said line of Newcomb street and the southerly boundary line of the second ward of said city, as hereinbefore defined, to the place of beginning, shall comprise the third ward. FOURTH WARD. Boundaries All that part of the citv comprised within the of Fourth 1 x ward. following lines, to wit : Commencing at a point in the westerly bounds of the city where the center line of Columbia street produced westerly would intersect the same ; and running thence easterly along the center line of Columbia street to the center line of Mohawk street ; thence southerly and easterly along the center line of Mohawk street to its intersection with the center line of Saratoga street ; thence along the center line of Saratoga street to its intersection with the . center line of Cedar street; then easterly along the center line of Cedar street and the same extended easterly to the intersection th ereof with the center line of the south branch of the Mohawk river; thence along said last mentioned center line of said south branch of the Mohawk river to its point of intersection with the boundary line of said city near Dyke avenue ; thence in a southerly direction along said boundary line to its point of intersection with the southerly boundary line of said city ; thence along said last mentioned line to the westerly boundary line of said city; thence along said last mentioned line to the place of beginning, shall comprise the fourth ward. [Title I. Revised Charter. FIFTH WARD. All that part of the city included within the follow- JfJ ing lines, to wit: Commencing at a point where the ward center line of the Erie canal intersects the center line of Columbia street ; running thence northerly along the center line 'of the Erie canal to a point where it intersects the center line of New com b street extended in a direct line to the center of said canal ; thence westerly in the direct line of Newcomb street extended to the center line of the lands of the New York Central and Hudson river railroad company ; thence northerly along the center line of said lands to its point of inter- section with northerly boundary line of said city ; thence westerly and southerly along the northerly and westerly boundary lines of said city to their point of intersection with the center line of the Boght road (now called Manor avenue); thence southerly along the westerly boundary line of said city to the center line of Columbia street; thence easterly along the center line of Columbia street to the place of begin- ning, shall comprise the fifth ward. SIXTH WARD. All that part of the city comprised within the follow- Joundar ing lines to wit : Commencing at a point in the center ward line of that portion of the south branch of the Mohawk river flowing between Simmons' island and Van Schaick's island where the same is intersected by the center line of Ontario street ; running thence in a northeasterly direction along the center portion of said south branch of said Mohawk river to the northern boundary line of said city; thence along said last mentioned line to the easterly boundary line of said city ; thence southerly along said last-mentioned line to a point in the Hudson river east of the mouth of the middle sprout of the south branch of the Mohawk river; thence westerly along the center line of said middle sprout to the center of said south branch; 6 Laws of the City of Cohoes. [Title II. thence northerly and westerly along the center of the said south branch to the place of beginning, shall comprise the sixth ward. (As amended by § 1, Chapter 48, Laws of 1895.) TITLE II. CORPORATE NAME AND POWERS. Section 1. The citizens of this state, who may from Corporate name and time to time reside in said uity, shall be a municipal powers. ^ ' corporation in perpetuity under the name of the " City of Cohoes. ' ' The said corporation may .take, purchase, hold and convey real and personal property. It may take by gift, grant, bequest and devise, and hold real and personal estate in trust for any purpose of educa- tion, art, health, charity or amusement; for parks, gardens and grounds for the burial of the dead, or other public use, and for the erection of statues, monuments and public buildings, upon such terms as may be prescribed by the grantor or donor and ac- cepted by said corporation; and it may provide for the proper execution of such trusts. It may sue and be sued, complain and defend in any court of law or equity; it may adopt and use a common seal and alter the same at pleasure ; and it may do everything necessary to carry into effect the powers granted to it. TITLE III. ELECTION OF OFFICERS. Section 1. The electors of the city shall elect a city officers mayor, two police commissioners, three assessors and two justices of the peace, who shall be designated city officers. § 2. The electors of each ward shall elect two alder- ward ofii- men, one supervisor and one constable who shall be designated ward officers. (As amended by § 14, chapter 298, laws of 1901.) District offi- § 3 Th e electors of each election district shall elect two inspectors of election, who, with the cers cers Title III.] Revised Charter. 7 inspectors to be appointed as provided in section eighteen of title five of this act, shall be designated district officers. Notr —Abrogated by the election law. See §§ 11 and 12, Chapter 909, Laws of 1896, as amended by Chapter 95, Laws of 1901. § 4. The existing election districts in said city, Election " " ' districts. until changed by the common council, shall be and constitute the election districts for the holding of all general and special elections and all elections of city, ward and district officers, who are elective by the people. The common council shall have power, and Redistnct- it shall be its duty, from time to time, as may be ex- ^. s into ' J election dis- pedient and necessary, to redistrict-tbe several wards tricts - of the city into convenient election districts for hold- ing said elections. The general provisions of law relative to the formation and division of wards in cities into election districts shall apply to wards in said city. Note : -For the law relative to the creation, division and alteration of wards, see § 8 of the election law (Chapter 909, Laws of 1896,) as amended by Chapter 95, laws of 1901. § 5. An election, which shall be known as the Annual ''annual election," shall be held in each of the elec- election lion districts of said city on the Tuesday next succeed- ing the first Monday of November in each year, for the election, as herein provided, of the officers elective under this act. (As amended by § 1, Chapter 252, Laws of 1895.) § 6. The common council shall, on or before the polling second Tuesday in March in each year, designate, desgnateS" for each election district, the polling place of said election and of each election that may be held therein during the ensuing year, which said polling place shall also be the place for holding the several meet- ings of the board of registry for the registration of voters therein ; and shall afterward and prior to the first meeting of the board of registry for the regis- tration of voters for any such election, and as often 8 Laws of the City of Cohoes. [Title III. SeSonto thereafter as it shall deem expedient, publish in the edand blish "o ffi( ' ia l at le ast one other newspaper printed in posLed- said city, a notice of the time and several places of the meetings of the board of registry and of the time of said election. Except as otherwise provided, it inspectors shall be the dutv of the city clerk, at least five days to be noti- ; " fied. prior to the first meeting of the boards of registry for the registration of voters for any such election to give written or printed notice, through the post-office in said city, to the inspectors of election of the several election districts, of the polling places in their respec- tive districts, of the time of holding each meeting of the board of registry prior to said election and of the time of holding said election. (As amended by § 1, Chapter 604, Laws of 1893.) Note :— First Tuesday in September fixed as time for designating polling places by the election law, (Chapter 909 Laws of 1895). See § 10 of said chapter, as amended by chapter 95, laws of 1901. Duties of inspectors § 7. The inspectors of election shall thereupon inspectors ° ^ -. , . in reference proceed in reference to said election and the registra- to election. tion of voters therefor as provided by the general laws SSSngand of this state in relation to public elections. The polls po 0 ot ngof shall be opened at seven o'clock in the morning on the day of said election and remain open till five o'clock in the afternoon of the same day. (As amended by § 2, Chapter 604, Laws of 1893.) Note The polls are required, by the election law (§ 3) to be open at six a. m. and to close at five p. m. who end- ft g. Everv inhabitant of said city, who shall, at tied to vote. C J the time and place of offering his vote, be qualified to vote for member of assembly, shall be entitled to vote for all officers to be voted for, by virtue of this act, in the election district where such inhabitants shall be so qualified. ™u™ er ° f § 9 - Tne electors shall vote by ballot in the man- ner prescribed by the provisions of the election law ; and the ballot shall be a paper ticket, conforming to [Title Iir. Revised Charter. the requirements of said chapter, its amendments and additions. (As amended by § 3, Chapter 604, Laws of 1893.) § 10. After the polls of any such election shall have inspectors closed the inspector's holding the election in each elec- tion district shall, immediately thereafter and without adjournment, canvass the votes cast at such election in the manner provided by law in the case of general elections. After thus canvassing the votes they shall make a statement in writing certifying the nnmber of to canvass votes. Also to make and :r cer- votes cast at such election for each person voted f or to clerk. council. irnon thereat for the respective city, ward and district officers, which said statement shall be signed by the said inspectors or by a majority of them, and shall immediately thereafter be delivered by them to the city clerk. § 11. The city clerk shall present the several state- a ^ to merits and certificates, so delivered to him to th P tilcIS to er ' v common common council at a meeting thereof to be held on the first Tuesday after said annual election. Upon such statements and certificates, the common council com shall proceed, as a board of canvassers, to determine canvass what person or persons has or have, by the greatest ^T"' number of votes, been duly elected to each of the offices mentioned in each statement. The person y ho are to i be declared receiving the greatest number of votes for each said elected - office shall be declared duly elected thereto ; and the common council shall thereupon make duplicate state- common ments in writing of its determination, certif vinsr ^edupii +i i ,i ' > J cate state- mereoy the whole number of votes given in each ward and district for each office to be filled, the names of the candidates and the number of votes given to each, which said duplicate statements shall Same to be be subscribed by the common council, or a majority ^ s med ed thereof, and be delivered to the city clerk, who shall file one of said statements in his office and enter the same in the book of record of proceedings of the com- cate state- ments of its determina- tion. I 10 Laws of the City of Cohoes. [Title III. mon council, and within ten days thereafter he shall hie the other said statement in the office of the clerk cierk to no- 0 f the county of Albany. Within ten days after tify each ^ ei e e r ct°ed receiving said statement, the city clerk shall serve a written notice of election upon each person declared elected to any office. Such service shall be made personally, or by leaving said notice at the place of residence of the person to be notified, where he will be likely to receive the same. (As amended by § 2, Chapter 252, Laws of 1895.) Note: -On the construction of this section, see People ex rel. Conliss vs. North, 72 N. Y., 124. special § 12. If at any annual election, the mayor, a police election in . , , case of two comm i ss j oner an assessor, a justice ot the peace, an or more . » , candidates a ici er:m an or a supervisor shall not have been chosen lor certain fnlrecewed by reason of two or more candidates having received nunXrof an equal number of votes for the same office, a special votes ' election, to be held in said city or in any ward thereof, as the case may require, shall within five days after the canvass of the votes of said election, as provided in the last section be ordered by the common council, to be held on a day named by it, not more than forty days after said order. The provisions of this act in respect to the annual election, as far as may be, shall be applicable to such special election. The common council shall meet for the purpose of declaring the result of said election on the Tuesday next after the Provision in e i ec ^j on j n case an y other elective officer than those other cases. •-.-»/ above specified in this section shall not for said reason have been chosen, the common council, which shall be organized next after said annual election, shall, by a vote of a majority of all those elected thereto, proceed upon their organization, to elect as such officer one of the persons receiving the highest num- ber of votes, at the annual election, as such officer. (As amended by § 4, Chapter 604, Laws of 1893.) First eiec- ft 13. There shall be elected in and for the sixth tion of offi- v m m ward of said city at the annual election held m said cersin Sixth ward. Title IV. Revised Charter. U city in the year eighteen hundred and ninety-five, one supervisor who shall hold office for the term pre- scribed by law, two aldermen, two school commis- sioners and one constable, and at each annual election in said city thereafter there shall be elected all the ward and district officers provided for in this act with all the powers prescribed both by law and by this act. One alderman and one school commissioner elected at Terms of said first annual election shall hold their respective °ed C £ s firs e t c " m n -„ " election. offices for one year after election, and one alderman and one school commissioner, so elected at such elec- tion shall hold their offices for two years after such election. Each elector shall designate on his ballot to Terms to be cast at such first annual election, one person to nated'Tn serve as alderman and one person to serve as school commissioner for one year, and one person to serve as alderman and one person to serve as school commis- sioner for two years ; but no ballot shall be counted where it shall contain the names of more than two persons for aldermen and two persons for school com- missioners. All the provisions of this act shall apply to such first and subsequent elections except as herein otherwise provided. (Added by § 2, Chapter 48, Laws of 1895.) TITLE IV. THE COMMON COUNCIL. Section 1. The common council shall be composed p™a com " of the mayor and aldermen. It shall hold a meeting ^ to be known as the "annual meeting, " in the common Annual council chamber or at such place as the mayor may meetmg * designate, on the first Tuesday after the first Monday in January in each year. It shall also hold regular Reg uiar meetings at least once in each month ; and the mayor, meetings - or, in his absence, any three aldermen, may call a special special meeting by notice thereof in writing to be meeting " served personally, or by leaving the same at their 12 Laws of the City of Cohoes. [Title IV, how called, respective places of residence, on all other members of the common council, at least six hours before such meeting. (As amended by § 1, Chapter 625, Laws of 1901.) Mayor to g 2 The mayor, when present, shall preside at all preside « J 1 L Jnt n when meetings of the common council, and, in his absence, aie^nto one of the aldermen shall be called to the chair and preside shall continue the presiding officer, with the privilege of voting, as an alderman, at all meetings of the com- mon council until the mayor shall again be present, or until the designation specified in section live of title five shall have been made. Such alderman, while £°^ s a ° f so presiding, shall possess all the powers and privileges presiding. Q £ nia y 0r as presiding officer, except the power of the casting-vote and of vetoing measures passed by the council. Who enti- tled to vote in common council. § 3. In the proceedings of the common council each member present may tote, except that the mayor when presiding shall not vote, unless the votes of the other members are tied, but no person whose election as an alderman shall be contested shall be entitled to vote on any question connected with such contest. sitting to § 4. The sittings of the common council shall be bepubiic pub ] iCj exce pt when public interest shall, in its opinion, require secrecy. The minutes of its proceed- ings shall be open. at all times to public inspection. Quorum. § 5. A quorum shall consist of a majority of the common council exclusive of the mayor, but less than a quorum may adjourn from time to time, and compel vj^reqm-^g attendance of absent members. No tax or assess- is S iHt as "nient shall be ordered except by the concurring vote in common council of two-thirds of all the aldermen approve 0 in office; and no tax levy, assessment, order, resolu- measiTrebe-tion or ordinance shall take effect until after the same SLe'eXct shall have been approved in writing by the mayor, except as herein otherwise provided. [Title IV. Revised Charter. 13 § 6. The common council shall determine the rules Comm ? n council to of its own proceedings ; be judge of the election and f t f r e u r ^ ne qualification of its members except the mayor ; have Sic?, of power to compel the attendance of absent members ; Slower prescribe" the powers and duties of ail officers ap- StSncV etc pointed by it, subject to the provisions of this act; and have power to remove ail officers and persons appointed by it for any neglect of duties or miscon- duct, and to revoke any license given under this act. § 7. The common council shall exercise all the cor- Powers of I common porate powers conferred by this act, unless otherwise council - provided ; and, unless otherwise provided, it shall have the control and management of the property, real and personal, belonging to the corporation, and no debt or liability which may become a charge against said city or corporation shall be created or contracted except by authority of said common council, except as specially provided in this act. In addition to such other powers as may be by law or this act conferred upon it, said common council shall have full power. 1. To provide for the care, custodv and preserva- Prnpert y of x 7 , city. tion of the property, books, records and papers be- longing to the city; to prevent and provide for the punishment of any injury to, or trespass upon such property; to make all necessary repairs and improve- ments thereon ; to lease, sell or otherwise dispose of such thereof as shall not be required for the use of said city; to lease for such a time and under such terms as it may deem proper the hospital property, real estate, building and appurtenances owned by the city and to sell or otherwise dispose of the same ; and to cause the same to be insured against loss or damage by fire as said common council shall deem necessary or advisable. (As amended by § 1, Chapter 514, Laws of 1898. > n ote : — By Sub. 10, §4, Chapter 227, Laws of 1898 (Public Improvement Act, infra), the care of the city hall building and station house is devolved upon the public improvement commission. 14 Laws of the City of Cohoes. [Title IV. protection To make such ordinances and regulations as it of inhabi- CJ their pro- m ny deem proper to protect the inhabitants of said perty ' city in their persons and property, suppress disorderly assemblages, preserve peace and good order, and pro- Restraint mote the welfare and good government of the city ; to and punish- ment of va res t ra i n and provide for the punishment ot vagrants, grants and 1 x fonl per " mendicants, persons without visible means of support, keepers of houses of ill-fame, common prostitutes, lewd and disorderly persons, drunkenness and dis^ orderly or immoral conduct in the streets or other public places, and the selling or giving away, by persons not licensed, of any strong or spirituous of U Ts e S or° n liquors, wine, or beer; and to suppress and restrain dedy house disorderly houses, gambling houses and houses of ill- fame. control 3. To perscribe and define such powers and duties over officers „..-,'". • • L .,i of the city, of the officers ot said city as are not inconsistent with, as to their fieT e com- u " Qr specified by this act, and which it shall deem the penktion, ^ggt interests of the city required* ; to fix and de- termine the compensation of officers of the city, where the same is not provided for by law or this act ; and to see that they perform faithfully and correctly their several duties, and that proper measures are taken to punish neglect of duty on the part of any of them. Audit of ac- 4 To audit all accounts, claims and demands against counts. ; _ said city which have been made and presented in the manner prescribed in this act, and to allow and order the payment of such as shall be just and legal charges against said city, except as herein otherwise provided. special 5. To call special meetings of the inhabitants of meetings of • inhabitants, city whenever in the judgment of its members, public interest requires the same, and to carry into effect all lawful resolutions adopted at any of said meetings. * So in the original. Title TV.] Revised Charter. 15 6. To prescribe, subject to the provisions of this act, ^ n c d co v u o n u ts the manner in which the chamberlain shall keep the jglS C ham- accounts and vouchers of his office, and also the man- reS,^ ner in which the clerk of the city shall keep the c& by ' cit3? records and papers of the city ; and to examine such accounts, vouchers and records fiom time to time in order to detect errors therein. 7. To prohibit within the bounds of said city all t s - to ex , hi ~ *> bitions of exhibitions of any natural or artificial cariosities, gS^jS. caravans, circuses, theatrical and other shows or nik S ncity exhibitions, or performances for money ; or, if said common council deem advisable, to license, or author- ize the mayor to license the same, on such terms as it may think proper. 8. To establish and regulate public pounds, and Pounds < ^ x x poundmas- appoint and define the duties of poundmasters ; to^ er ?; res - restrain, regulate and prevent cattle, horses, sheep, Seattle 10 '' dogs, geese and other animals and fowls from running an fmaisSn- at large in streets and public places in said city, and £?#e. at to authorize the seizure, impounding and sale of the same for the penalty incurred by such running at large and for the cost of keeping and of proceedings ; and to make regulations for taxing, muzzling and con- Taxing fining of dogs, and for destroying such as may be and ZZ cSffin- (. ~i , . ins of dogs. iound running at large contrary to any ordinance, whenever the same may be dangerous or ferocious in any degree. 9. To prevent runners, hackmen, stage drivers and Runners, ■ ° hackmen, others from soliciting persons to travel or ride in any ^ r | e e ^ c ri ; to stage, hack, omnibus, boat or other conveyance, or^ e te J egu " upon any railroad, or to go to any hotel or otherwise, except under such regulations as it may prescribe 10. To license, regulate and control all porters, Porters " cartmen, cartmen, hackmen, cabmen and draymen, and all ^ a c ck " e g; stages, omnibuses and other conveyances for the liceAsed transportation of passengers for hire within the city, and to fix their rates of fare or compensation. 16 Laws of the City of Cohoes. [Title IV"; Public bail- 11 To purchase the necessary ground for, and to dings and -l t/ -o park,. erect t | ie necessar y public buildings thereon, and to purcliase grounds for, lay out and maintain a public ' park within said city, provided the necessary funds for any such purpose shall have been voted at a special meeting of taxpayers, as provided in this act but not otherwise. Gambling 12. To prohibit gambling of all kinds, and to pro- ^y^et"* hibit, regulate or license billiard rooms, bowling alleys, skating rinks, and all other places of amusement or entertainment from which an admission fee or other income, profit or revenue, direct or indirect, is received , Pollution of 13. To prevent and provide for the punishing the within city. ca sting into any waters withm said city, any dead animal, offal, filth or any foul or offensive substance or thing, or any earth, stones or rubbish of any kind; and to prevent and provide for the punishment of all bathing therein, except under such regulations as it may prescribe. Racing, 14. To prevent racing and immoderate driving, and coasting, x , . -. . ridfni 65 ' to P r © vent or regulate coasting or bicycle riding m como^ivU 0 " said city ; and to regulate the speed of locomotives, etc ' railroad and other cars. The burial 15 To regulate the burial of the dead and the of dead, etc. ~ , . management of all cemeteries within the city, subject to existing provisions of law. Auction 16. To regulate and license auction stores and sales in les and wk " i* 1 said city, and hawking, peddling and sales in the s^e[ s " g etc n streets thereof, and to regulate and license pawn- brokers. Maps of the 17. To make or cause to be made maps of the city and of the several wards thereof, and to sell, or cause IXToP to be sold, copies of the same for the benefit of the Sets' and contingent fund of the city; to survey, lay out, and grounds. ' ° Title IV.] Revised Charter. 17 establish streets, highways and public grounds of said city; and to designate and alter the names of streets, Names of avenues and alleys, and the numbers of all lots and^^of buildings. KidSk (As amended by § 5, Chapter 604, Laws of 1893.) 18. To prevent any encroachment, incumbrance orEncroach- unnecessary obstruction in or upon any street, alley, ?n e SJkS c '- sidewalk, crosswalk, highway or public ground of said city, whether by locomotives, cars, carts, wagons, sleighs, teams or otherwise; to regulate or prevent the deposit of building materials in or about such streets, alleys, sidewalks, crosswalks, highways or pub- lic grounds; and in case of neglect or refusal of anvRe^i person who shall have caused such encroachment, incumbrance, obstruction or deposit contrarv to any EST rule or ordinance, or of the owner or occupant of any premises upon which shall be any building, fence or other structure or thing encroaching upon, incumber- ing or obstructing any such street, alley, ' sidewalk, crosswalk, highway or public ground, to remove the same after being notified so to do, shall have power to cause such removal at the expense of such person, or of such owner or occupant, and to collect such expense as hereinafter provided. 19. To compel the owner or occupant of any premi- Opening ses in said city to remove all dirt, snow and ice from ^K^ow 0 * the sidewalks and gutters in front of such premises S$T and in case of neglect or refusal of the owner or occu- pant to remove the same after being notified so to do to cause the same to be done at the expense of such owner or occupant, and to collect such expense as hereinafter provided; also to compel every such owner or occupant to remove the dirt from the streets in front of the premises owned or occupied by them, or, in case of paved streets, to place it in heaps for removal, as the common council may direct. i gutters. from ob structions etc. 18 Laws of the City of Cohoes. [Title IT. preventing 20. To prevent and provide for the punishing the ££shh. deposit of dirt, ashes, garbage or other filth in any street, alley or highway of said city ; and to prohibit all persons from bringing and depositing and* unwhole- some, putrid or decayed carcass, skins, hides, hsh, meat or other unhealthful substance or thing within the city, and to require or authorize the removal or destruction thereof. Turnpike. 21. To require any turnpike, plank road, street rail- plank road, . -. street rail- wav , railroad or other corporation or company to keep way or • 7 ' x ' . . ?a h tfo r n°to po " eacn street, alley and highway through which its road E£ n / reet may pass in said city, and the gutters, drain and road h P a S sses culverts of said road in good condition and repair ; to a^r^ee lay or raise such road or any portion thereof in accordance with the established grade of such street, alley or highway ; and to remove without unnecessary delay, all incumbrances and obstructions which said corporation or company shall have placed or caused to be placed, upon such street, alley or highway; and to require all railroad companies or corporations whose lands may be situated within the lines of any street, highway or public alley of said city, to construct all necessary sidewalks, crosswalks, curbs and gutters over and along such lands. If any such company or corporation shall refuse or neglect to do any of the acts required of it by this subdivision for thirty days after the service of notice by the common council, requiring such acts, or any of them to be done, the common council shall have power to cause the same to be done at the expense of such corporation or com- pany, and such expense, to be fixed and determined by said common council, may be collected as herein- after provided. Nothing in this subdivision or of this act shall be construed to require any street railway company to repair or keep in condition any street, alley or highway through which its road may pass, except that part or portion thereof covered b y its road, * So in the original. Limitations of this sub- division. 19 Title IV.] Revised Charter. and a space two feet in width outside of and adjoining its track on either side. If it becomes necessary to remove snow and ice from any such street, alley or highway, said street railway company shall be required to remove the portion thrown out by it. but no more. 22. To require every railroad company or corpo- Flagman or ration running its trains through any part of said citv ^Ihktkn- i 1 M ^ 1 J road cros- to keep a flagman, or gates, or both, at each railroad sin ^ crossing or point of intersection of such railroad with any street, alley or highway. 23. lo prevent or regulate the construction or ereC- Prevention tion of any building, bay-window, stoop, step plat- t^rT?^ Sec- form, cellar door, area, stairs, ascent or descent into ^" c °« res • on street or any building, or of any awning, hitching-post or other sidewalk - erection, structure or projection, which shall be in or upon any street or sidewalk, or which shall project into or over any street or sidewalk in said city ; to prevent the swinging of gates over any sidewalk in swin^f said city; to prevent or regulate the hanging or sus- fS^ST pending of any goods, signs or other thing in or over ^ a 0 d! ing of any such street or sidewalk, and the placing of boxes, o^'Sreet barrels or other thing in or upon the same; and in case^nted the owner or occupant of any premises in said city, 3. regulat " upon or about which any ordinance or regulation of the common council made pursuant to this subdivision shall have been violated, shall neglect or refuse after being notified, to comply with such ordinance or regu- lation, to enforce the observance thereof under such penalties as it may prescribe. 24. To prohibit or regulate the moving of houses or mo™* of buildings through the streets of said city ; and to direct SgSSjh the digging down, draining or filling up of lots, when- S oT ever it shall deem the same necessary to prevent injury ^ItglVg to streets, sidewalks or crosswalks, or to adjoining d&°ed. ots property, and to assess the expense thereof upon the owners of such lots, as hereinafter provided. 20 Laws of the City of Cohoes. [Title IV. Gas, eiec- 25 To erect and maintain gas, electric and other trie, and . , otheriights, lights, lamp-posts and fixtures on the streets of said city, and to cause the same to be lighted at all proper hours throughout the year, and to cause the public buildings of said city to be lighted. Keeping 26. To prohibit, license or regulate the keeping, and storing r . , combustible storing:, use and sale of gunpowder, kerosene, or other and explo- ©' o j. tanc e su re s gu- combustible or explosive substance or compound, and lated, etc. tlle collV eyance and transportation of the same in or through any part of the city ; and to provide for the inspection of all burning fluids which may be kept or offered for sale within said city. weighing 27. To regulate and prescribe the places of weighing ha a y c , e str°a r w, h av and straw, wood and coal, and of marketing the etc., weigh- J 7 . ers, etc. game . to appoint weighers and measurers, limit their fees, and to prohibit and prevent the offering for sale of any such commodities in any public street of said city without the same having been weighed or meas- ured, and to require such weight or measure to be made known to purchasers, as the common council may prescribe. prevention 28. To prevent and abate nuisances, and determine men? of nui- what are such either upon view or testimony of wit- nesses, wdio may be examined under oath before it, and for these purposes to enter into or upon any buildings or premises in said city; and in case the owner or occupant of any building or premises in or upon which said nuisance may be found shall neglect or refuse to abate or remove the same after notice so to do, to cause the same to be abated or removed by their warrant to any officer or member of the police force of the city, and to declare the expense a lien upon the premises, and to collect such expenses as hereinafter provided. Matters of- 29. To compel the owner or occupant of any gro- heaShfet'c., eery, market, cellar, soap factory, tannery, shop, privy, regulated. Title IV.] Revised Charter, 21 stable, barn, outhouse, pigsty, drain, sewer, cesspool or other unwholesome, offensive or nauseous house, building, ditch, pond or place, to cleanse, purify, remove or abate the same from time to time, as often as in the opinion of the common council it may be necessary for the comfort, health or convenience of the inhabitants of said city, or any portion thereof. 30. To prohibit or regulate and direct the location of siaughter- * houses; sale slaughter-houses in said city, to regulate the time, ^taMes place and manner of sale of fish, meat and vegetables, and to regulate or prohibit the slaughtering of animals in said city. 31. To prescribe regulations as to the location and Location and con- eonstruction oi public or private sewers, drains or a-as struction of x ' o sewers and pipes in said city, and for the prevention and punish- drains - ment of any injury to or obstruction of any street or sidewalk thereby. 32. To prosecute in the corporate name of the city Prosecution x i ti-t, • , . , upon con- upon any contract or liability in which said city may tracts and be interested, and for all fines, penalties, costs and etc - expenses imposed by this act, or by an ordinance or by-law of the city, and enforce the collection thereof. 33. To prohibit and make regulations for the mm- Regulation ° i of games, ishment of every game, practice, amusement and act^£ in the public streets and elsewhere in said city having a tendency to frighten teams or horses, to injure or annoy persons or to injure or endanger property. 34. To prevent or regulate the stringing and setting stringing r & & and setting ol telephone and telegraph or other wires and poles in ° nd w p ^ s said city. 35. To direct and regulate the planting of shade and shade and , , - , • T _ ornamental ornamental trees along the streets and sidewalks and trees in the public grounds of said city, and to prevent the injury or defacement of such trees, and of fences, walls, posts and buildings in said city. 22 Laws of the City of Cohoes. [Title IV. Buildings To prohibit the erection, in an unsafe manner, and walls in 7 Si e to°be ot ' an y wail or building in said city, and to compel the or a rt e m S o a ve e d. owner or occupnnt of any wall or building therein which may be in an unsafe condition, to render the same safe* to remove the same ; and in case of neglect or refusal of such owner or occupant to render such wall or building safe, or to remove the same after being notified so to do, the common council shall have power to cause the same to be done at the expense of such owner or occupant, and to collect such expense as hereinafter provided. Ringing of 37. To prevent or regulate the ringing of bells, except bells, blow- x ° " ing of whis- those of locomotives, blowing of whistles and horns, ties, etc. crying of wares, and the making of any noise which may tend to disturb the peace of the city ; to prevent or regulate the sale and use of fire crackers, rockets, squibs and other explosive compounds ; and to prevent and provide for punishing the discharge of firearms, rockets, fireworks and gunpowder in or near the streets of the city, or in the vicinity of any building. Repair of 38. To direct the construction and repair of railings railings at , , -■ exposed 2it exposed or dangerous places in, along or upon tlie streets, alleys, highways, dredges, excavations or gutters in said city. Attorneys. 39. To appoint or employ an attorney, or attorneys and counsel, for the transaction of any business of the city requiring legal skill. A P pro P ria- 40. To annually appropriate and expend for the brTry^ulid- maintenance of any public library building, library or ing, library . _ ■, or 'libraries, libraries established or that may be hereafter estab- lished in said city, not to exceed the sum of two thousand five hundred dollars. (As amended by § 1, Chapter 569, Laws of 1901. Previously amended by Chapter 604, Laws of 1893.) *So in the original. Title IV.] Revised Charter. 28 41. To provide for defray ins the expenses of all Electicnex - . . ° x- penses:elec- elections held m said city under the provisions of this l^ n ts dis " act ; to create new election districts when necessary and appoint the first inspectors therein, and such districts and inspectors shall be governed by the pro- visions of this act. Not e :— See § 8 of the election law, as to creation of election districts. 42. To grant, or empower the mayor to grant, all Licenses, licenses in said city except such as are required by law or this act to be granted by the board of excise, and to prescribe the fees to be paid for the same. 43. To provide a council-room or rooms for the Rcomsfor the common common council; court-rooms for the recorder and c ° uncil aid the several lor the justices of the peace; rooms and accommo- f a u n e d j dations for the board of education and other boards pSl su ' p ' of said city; offices for the mayor, chamberlain, city clerk, city attorney and for such other officers as may require the same for the transaction of the business pretaining to their respective offices ; engine houses, rooms and accommodations for the several fire com- panies of said city; station houses and accommoda- tions for the police force of said city, and all neces- sary fuel, lights, stationery and supplies for such rooms and officers. The common council shall also have power, and it shall be its duty to provide a suitable jail within said city, which shall be known and designated as the "Cohoes jail," at an expense Jan. not to exceed six hundred dollars per annum, which sum shall bn paid annually from the Cohoes jail fund, upon the warrant of the board of police commissioners to the said city of Cohoes. (As amended by § 2, Chapter 275, Laws of 1896.) Note.— As to custody city, hall building and station house, see note to sub. 1, this section. 44. To designate a public newspaper printed in said^J 1 city, to be known as the official paper, in which shall 24 Laws of the City of Cohoes. [Title IV. be published all its ordinances, rales, regulations, resolutions, by-laws and official notices ; but no such ordinance, rule, regulation, by-law or official notice shall be invalid if published in any public newspaper printed in said city, providing at the time of such publication no official paper shall have been desig- nated as provided in this subdivision. officers. 45. To appoint, as hereinafter provided, the officers mentioned in section nine of this title. Notices. 46. To prescribe the length of notice to be given under any of the foregoing subdivisions of this section, and to make the cost and expense mentioned in sub- divisions eighteen, nineteen, twenty-one, twenty -four, twenty-eight, thirty-six and fifty-one of this section a lien upon the premises or lots therein mentioned or implied, by assessing the same thereon, and to issue warrants against the owners or occupants thereof respectively to collect such costs and expenses as assessments and taxes are collected. Bonds of 47. To decide upon the sufficiency of the sureties officers, suf- x ndencyof. in? an( j ? except as herein otherwise provided, to nx the penalty of, the official bond of any officer of said city who may be required by law or this act, or by the common council to give security ; and to require other or additional security from any such officer whenever it may deem it necessary. issues of 48. To issue warrants for the collection of all taxes warrants. ^ assessments including those for the expense of making and repairing sidewalks, sewers, and for local improvements. Annual 49. To provide for the annual census of the popula- pubiication tion of the city, and for the publication of the laws, of laws, etc. ordinanceSj TO i es , regulations and by-laws of said city. Beams, 50. To prohibit the use in said city of such beams. scales weights and SC ales, weights and measures as have not been tested measures. ' ° and sealed by the sealer of weights and measures. Title IV.] Revised Charter, 25 51. To regulate the use of sidewalks, and to fix and Use Re- determine the line for erecting any and all building P™'* • n • , n , . J v -*- XJ - A 0 0 line to be within the stoop line, and to require all buildings fixed erected or repaired to conform to the line so fixed and determined ; to order the removal by the owner or occupant thereof of any and all buildings encroaching upon said line ; and in case of the neglect or refusal of such owner or occupant to remove the same within five days after notice to him so to do, to cause the removal thereof at the expense of such owner or occu- pant, and to collect the expense thereof as provided in subdivision forty-six of this section. Note :-Further powers and duties of the common council, under general statutes •are as follows : T AUth 7 1 i c Z o e n t0 C ° nSem t0 USC ° f StreetS f ° r railr ° ad P ur P°ses. See § 91, Chapter 565, Laws of 1890, as amended by Chapter 638, Laws of 1901. L^wfoflSSo"^ 11161113 againSt l ° ^ 1CVy t0 bG Paid therefrom - See Chapter 554, an In relation to refunding landed indebtedness of city, see § 7, general municipal law t/ra % as amended by Chapter 333, Laws of 1901. LawsoM^ t0 COnStrUCti0 " ° f Hft bridg£S by City ' over canals > see § "8, Chapter 338, In relation to the adoption of voting machines, see § !63, Chapter 466, Laws of 1899 -as amended Dy § 3, Chapter 530, Laws of 1901. iru ? la lT t 1 ° aUCt !° nS auctioneers < see §§ 52 and 53, domestic commerce law {Chapter 376, Laws of 1896). In relation to investigations concerning diseases in cattle, see § 83 of the agricultural law, as amended by § 1, Chapter 134, Laws of 1895. As to Payments to charitable and other institutions for the support of immates, see $ 1, Chapter 754, Laws of 1895. JnVZlT7 r[ati T i0r ° bSerVance of Memoria l day, see §§ 10 and 11 of the general city law, infra. In relation to public libraries, see § 39, university law (Chapter 378, Laws of 1892) ° C °?r n COUndl t0 aCquire title t0 land for burial P^poses see § 1 Chapter 750, Laws of 1870, as amended by Chapter 518, Laws of 1892 *o£°LaTs of ISO-"' 6 imerment " C6meterieS " dtieS ° f thifd daSS : SCe Chaptef Common council shall not grant extra compensation to public officers. See § 28 Art 111, State Constitution. '• Members may not hold office under the appointment of the common council. See § 3 the general law, infra. 8 1 § 8. For any or either of the purposes mentioned common m the last section, or for the purpose of executing anyK'Jo^r power conferred upon the common council or upon the^ a f-- city by this act or otherwise, the common council shall iB?uE° f have full power to make, establish, publish, modify, EBTf n ~ amend or repeal ordinances, rules, regulations, by-laws last secuon ' and resolutions, and to fix the time of their takino- 26 Laws of the City of Cohoes. [Title IT- effect, and to prescribe and enforce such penalties and fines as it may deem proper for their violation ; but every such ordinance, rule, regulation, resolution and by-law, except such as relate to the health, safety or protection of the people of said city or some portion thereof, shall before taking effect, be published at such ordin- least once in the official paper. Every such ordinance, Sblrecord- m i ej regulation, resolution and by-law, together with his certificate of the time and manner of the publication thereof, shall be recorded by the .city clerk in a book or books to be provided by the common council for such record that purpose ; and the said record or a copy thereof cenme^by certified under the corporate seal of the city by said sumptive" cler k to be a true copy of such record, shall be pre- lil ence ' sump tive evidence in all courts and places, and in all actions and proceedings, of the due passage of such ordinance, rule, regulation or by-law, and of its having been duly published as by this act required. As to general law on subject of evidence of municipal ordinances, see § 1, Chapter 211 r Laws of 1879, and § 941,, Code Civil Procedure. officers to § 9. The common council, at its annual meeting held edSfcom-in the year eighteen hundred and ninety-five, or as Numerated soon thereafter as practicable, shall appoint a cham- berlain for said city, who shall hold his office until the annual meeting in the year eighteen hundred and ninety-six, and until his successor is appointed and qualified, and said common council shall at the annual meeting held in the year eighteen hundred and ninety- six, and at the annual meeting held in every second year thereafter, appoint a chamberlain for said city ; and at its first annual meeting after each annual election, shall appoint the following officers for said city, to wit : A clerk, an attorney, an engineer and surveyor, a superintendent of streets and public grounds, an overseer of the poor, a sealer of weights Effect of and measures, and a poundmaster. Failure on the Ippointat. part of the common council to appoint any of the ned es speci " foregoing officers mentioned in this action, at the Title IV.] Revised Charter. 27 time or times specially prescribed therefor, shall not render invalid the appointment of any such officer or officers, bat the term of office of such officer or officers shall, in such case, expire as if such appointment were made at the time or times so prescribed. Besides the foregoing officers the common council shall also, from time to time, appoint commissioners of deeds for said city, not to exceed twenty in number, who shall possess the powers, perform the duties and receive the compensation hereinafter prescribed. (As amended by § 1, Chapter 802, Laws of 1895. Previously amended by Chapter 252, Laws of 1895). § 10. It shall be the duty of the common council, chamber- ' lain s ac- OIl the third Tuesday in November in each year, to^ t t | d tobc audit the chamberlain's accounts and to settle with him for all moneys belonging to the city received by him during the preceding fiscal year. It shall also Accounts of. have power, as often as and whenever the interests of °ers ero the city require, to examine and settle the accounts of the other officers of the city, (As amended by § 2, Chapter 625, Laws of 1901.) § 11. It shall be the duty of the common council to Public pay all installments of principal and all interest on the^o^" public debt of the city heretofore or hereafter con- tracted, as the same shall fall due, and to make all necessary provisions for such payments consistent with law and this act. § 12, The chairman of any committee of the COm - Chairman mon council shall have power to administer any oath monYoSSc . . ^ committee or affirmation in respect to any matter pending before p° 0 ^ e t0 the common council or such committee. Any person Sth£e£ r who may be required to take such oath or affirmation or to make any statement under oath or affirmation, by virtue of any of the provisions of this act, and who violation shall wilfully swear falsely as to any material fact or matter shall be guilty of perjury, oath 28 Laws of the City of Cohoes. [Title V; No member s 13. No member of the common council shall vote to vote for u mo y m?y nt of f or ine payment of any money out of any fund under when ' its control, knowing that such fund is without money to pay the same. Any person violating the provisions of 'this section shall be guilty of a misdemeanor, and, violation of U p 0 n conviction, shall b'e fined not less than fifty nor such oath, x perjury. more than two hundred dollars for each offense. Note.— See also on this subject, § 843, Code of Civil Procedure and §§ 5, 6, and 7, of the general city law, infra. TITLE Y. Of Officers, elective officers. The mayor. Section 1. The mayor '. — The mayor shall be the chief ex- chief executive officer of the city. He shall take care ecuuve offi- ^ e lawg Q f this state and the ordinances and by laws passed by the common council are faithfully Powers and executed in said city. He shall possess all powers and authority conferred upon mayors of cities by any general statute of this state. It shall be his duty in case of within said city, to suppress riots and to order and nots, etc. com p e i all tumultuous assemblies to disperse, and as ton- shall have, for these purposes, all the power given by law to sheriffs in cases of resistance to the execution of process. He shall have power summarily to revoke, for violation thereof, any license granted by the common council, until its next regular meeting, when it shall investigate the matter and dispose of the same shaii exe- as it deems fit. When authorized by the common deSs, 11 council, the mayor shall execute, in behalf of the se°s%tc , for citv, all deeds, bonds, leases, contracts, licenses and thecity. J ' ' other papers to be executed, as the act ol the city, and shall sign all warrants ordered by the common council for the payment of money by the chamberlain. The mayor is a magistrate. See § 147, Code Criminal Procedure. He may solemnize marriages (§ 11, Chapter 272, Laws of 1896 as amended by § 2, Chapter 339, Laws of 1901); consent to the binding out of indigent apprentices (§ 73, id.) ; administer oaths (§ 842, Code of Civil Procedure) ; take acknowledgments, (§ 248, Chapter 547, Laws of 1896); take depositions to be used in contested election cases (§ 64, Chapter 682, Laws of 1892) ; designate station houses for detention of women (§ 90, the general city law, infra) ; grant certificates to entitle police and fire, men to free transportation over railways, etc. (Chapter 417, Laws of 1895) ; and grant licenses to carry fire arms in the city (§ 3, Chapter 375, Laws of 1883.) Title V.] Revised Charter. APPOINTMENTS BY THE MAYOR. The mayor is empowered to appoint : 1. Municipal civil service commissioners. See § 10 Chapter 370, Laws of 1899 as amended by Chapter 675, Laws of 1900 (Civil service law, infra.) 2. Examining boards of plumbers. See § 40, Chapter 327, Laws'of 1900 (the general city law, infra.) 3. Inspectors of election. See §12, Chapter 909, Laws of 1898 (election law), as amended by § 6, Chapter 95, Laws of 1901. 4. Police matrons. See § 91 of the general city law, infra. B " ^J?*? consentof the com mon council he may also appoint trustees of free public libraries. See § 39, Chapter 378, Laws of 1892 (university law.) AS TO POWERS OF THE MAYOR IN RELATION TO : 1. Aplications for admission to state institutions for the blind, see § 3 Chapter 744 Laws of 1867 as amended by Chapter 6 16, Laws of 1872. 2. Concealed effects of decedents, see § 2,708, Code of Civil Procedure. Application for railways within city, see § 120, Chapter 565, Laws of 1890. g ™ r * in CaS6S ° f riot ' etc " see § 86 < Chapter 212, Laws of 1898. See also § 106, Code of Criminal Procedure. 5. Disorderly persons, see § 900, Code of Criminal Procedure. 6. Summary dispossession of tenants, see §§ 2,234^2,250, Code of Civil Procedure. 7. Apprentices, see § 927 ff., Code of Criminal Procedure. 8. Certain employments of children, s-ee § 292, Penal Code. K Extension of term of agent of commissioner of agriculture, see § 1, Chapter 134 J oi 1895. 10. Bonds of auctioneers, see § 53, Chapter 376, Laws of 1896 (domestic commerce 29 Laws of 1895. 10. law.) MISCELLANEOUS. As to mayor's duties in relation to hearings on city legislative biils, see §§ 30-35 of the general city law, infra. Mayor is entitled to copies of session laws. See §46, Chapter 682, Laws of 1892 as amended by Chapter 218, Laws of 1894. , ' § 2. It shall be the duty of the mayor, from time Recoup to time, to recommend to the common council such S2S£ measure as* may deem expedient or proper in relation to the finances, government or improvement of the city. Every order, resolution and ordinance passed by Approval the common council, except resolutions appointing to paS by office or place and canvassing votes, of which the ~< mayor approves, shall have his approval indorsed m-*f°- rS< writing on a transcript thereof and signed by him^' officially. The transcript of every such order, resolu- Transcript tion or ordinance, of which he disapproves shall beS^Sf uniF returned by him to the common council or its clerk, f ] eT s with his objections in writing indorsed thereon or^ attached thereto, which shall be filed with the clerk • men- *So in the original. 30 Laws of the City of Cohoes. [Title V. and the common council shall, at its regular meeting held next after such return, proceed to reconsider such Effect of order, resolution or ordinance; and if the same be Ifte e rby re " passed by the concurring vote of two-thirds of the lielT aldermen then in office, it shall have full force and t ereon. provided its passage, in the first instance, depended upon the affirmative vote in common council of less than two- thirds of the aldermen; but if, in the first instance, the passage of such order, resolution or ordinance required such two-thirds vote, its passage upon such reconsideration shall require the affirmative vote of four-fifths of the aldermen. Otherwise, when a transcript thereof shall have been so returned, the order, resolution or ordinance shall when have no force. If any order, resolution or ordinance, ?e r i d a e tes e to C '' a transcript of which shall be presented to the mayor, majersj or s h a u relate to separate and distinct matters, or to one appropria- Qr more items of appropriation or payment of money, the mayor may approve such order, resolution or ordinance and sign the transcript thereof as to one or more of said matters or items specifying which, and disapprove as to the others. In such case he shall annex to the transcript a statement of the matters or items of which he does not approve, with his objec- tions thereto and such matters or items shall not take effect unless reconsidered and passed by the common council in the same manner as in case of the mayor refusing to approve an entire order, resolution or Time ordinance. If any such transcript shall not be which tran- returned bv the mayor to the common council or script shall J d . , ber^umed clerk wl thin three days after it shall have been pre- !o sented to him, Sunday excepted, such order, resolu- tion or ordinance shall be of like force and effect as if duly approved by him, unless within such time his term of office shall have expired, in which case it shall have no force. NoTE : _The mayor has no power to veto appointments to office made by the common council. See Matter of North vs. Cary, 4 N. Y. Supm. Ct. R. 357. Title ,Y.] Kevised Charter. 31 § 3. The mayor shall submit to the common Annual *< report to council, on the second Tuesday in March in each SSSdi? year, a report of the financial transactions of the city for the last past fiscal year, showing : 1. All moneys raised or received and from what sources, distinguishing the funds and purposes to which they belong. 2. All payments, specifying each item and the fund out of which the same was paid. 3. The entire indebtedness of the city, if any, dis- tinguishing the fund indebted and stating the pay- ments upon such indebtedness and when made. 4. An estimate of the amount required to be expended for the ensuing year for ordinary expendi- tures, specifying details as far as practicable. 5. Such other facts or information as he may deem useful. Note :— See the provisions of Chapter 625, Laws of 1901, amending the charter in relation to the fiscal year, etc. § 4. The mayor shall be ex-officio a member [of the Ex-officio board of education,! of the board of police commis- wh? er ot sioners, of the boarcl of water commissioners and of the board of fire commissioners of said city. He shall Term of hold his office for two years and shall^serve without c ?^P ensa - compensationj An election to the office of mayor Election of i n , . , J mayor. shall occur m the year eighteen hundred and ninety- two, and every second year thereafter. Note :— See the provisions of Title VI, as amended by Chapter 298, Laws of 1901, relative to composition of the board of education. § 17 of that chapter repeals all inconsistent provisions. The time of electing the mayor and other city officers, was changed by Chapter 252, Laws of 1895, q. v. § 5. If the mayor shall be unable to perform the Acting duties of his office in consequence of sickness or tern- "seoVskk- ness, etc., of porary absence from the city, he may designate an mayor alderman to act in his place ; if he shall be so inca- pacitated for more than ten days, without making such designation, the common council may do so. The person so designated shall perform the duties of mayor until the mayor shall resume them. 32 Laws of the City of Cohoes. [Title V. police com- a q Police commis sioner 's . — A police commis- missioners. o • sioner shall be elected at the annual election in the when year eighteen hundred and ninety-two and every Term of second year thereafter, and shall hold office for four Powers years. The police commissioners so elected shall be and dunes. members Q f fae board of police commissioners of said city. It shall be their duty to attend the regular and special meetings of said board and to assist in per- forming the duties thereof as herein defined and compensa- specified. Said police commissioners shall serve with- out compensation. Note -.—As to time of election of police commissioners since the amendment of 1895, see note to last section. Assessors. § 7. Assessors . — At the annual election to be held pursuant to this act in the year eighteen hundred and (Tempo- ninety-two (or if there shall not be sufficient time after r P a o?ntment.) this act takes effect to file nominations for office pursu- mection of. anttolaw prior to said election, then the mayor, upon the expiration of any term or vacancy in the office of assessor shall appoint an assessor thereto until the annual election in the year eighteen hundred and ninety-three, when), three assessors shall be elected one of whom shall hold office for three years ; one, for two After eiec- years ; and one for one year. Within ten days after termine first no tice of their election, the persons so elected as term of of- , . hce by lot. assessors shall meet and determine by lot their respective terms of office, and shall appoint one of their number their clerk, who shall forthwith file in the office of the city clerk a certificate of the terms of office so determined. After said election, the offices of the presents- present assessors of said city shall forthwith cease, and scssors to * end - their powers and duties shall thereupon end. After the election of assessors as in this section above provided, one assessor for said city shall be elected at each annual election and shall hold office for three years. Each of said assessors shall receive, as compensation for his services, the sum of four hundred dollars per annum, and in addition thereto the assessor who shall Term of office of Title V.] Kevised Charter. 33 be appointed by said assessors as their clerk shall receive the sum of one hundred dollars. No person To own shall be elected to the office of assessor who shall not ^ be an owner of real estate in said city. The assessors Duties and shall perform all the duties specified and required G f P ° wers " them by this act in relation to the assessment of property within the city for the purpose of levying taxes or assessments imposed, or which may be imposed, by law and by the common council, or as provided in this act; and to that end they shall possess all the power and authority of assessors in towns. r^ N ° TE: ^ S T t0 P o° WerS dUtiCS ° f assessors ' un der general . statutes, see Chapter 908, Laws of 1896 (the tax law), and amendments. In relation to making and publishing lists of exempt property, see Chapter 689 Laws of 1900. As to further provisions of law relating to powers and duties of local asses- sors, see Chapter 227, Laws of 1898 (Public Improvement Commission Act), infra bee also relative to erroneous assessments, Chapter 522, Laws of 1887. As to time of election of assessors, see notes to § 4, supra. § 8. Any of said assessors may be removed from Removal of office by the supreme court for official misconduct or' 01 """" ommission to perform the duties of his office, for inattention to such duties or incompetency well' and faithfully to execute the same, on charges preferred Charges, by the common council, or by at least four resident ^ e tax payers. Such charges shall be contained in a written complaint setting forth the same at length, and, when the charges are preferred by taxpayers as herein provided, such complaint shall be duly veri- fied as in an action in said court. Personal service of such complaint shall be made on such assessor and an opportunity of being heard in his defense shall be given him in such manner as said court or a judge thereof may direct. In case such assessor shall deny such charges, or take issue thereon the said court shall proceed to examine and try the whole matter Trial, involved m such charges, and shall render judgment removing such assessor from office, or dismissing the charges against him as the court may determine. (As amended by § 6, Chapter 604, Laws of 1893.) 34 Laws of the City of Cohoes. [Title V. Justices of § 9 Justices of tlie peace. — At the annual election election of. jj^ ^ e held pursuant to this act, in the year eighteen hundred and ninety-four; two justices of the peace shall be elected, one of whom shall hold office for two offic 1 ? ° f y ears ? ano ^ the other for four years. At said election At first dec- the candidates for said office for the respective terms tion; term t to bedesig-r^Qye mentioned may be distinguished on the ballots nated on * ° ballots. -foj addition to the words designating the office of the words "for two years" or " for four years," as the case may be. After the election of justice as in the section above provided, one justice of the peace for said city shall be elected every second year, and Im™to shall hold office for four years. The term of office of begin ' when the justices of the peace, elected as in this section provided, shall commence on the first day of January next following their election. Note:— As to time of election of justice of the peace, see note to § 4, supra. jurisdic- £ io. The justices of the peace of said city shall in tion. '* ; J civil actions and proceedings have and exercise, within said city, all the powers, authority and juris- diction, and discharge all the duties of justices of towns in this state ; and all laws applicable to justices Laws appn- of the peace of towns in this state and to their official justice? of acts, powers and duties shall apply, within said peace in 7 x . towns apply city, to justices of the peace of said city; but said justices of the peace shall have no jurisdiction in any No jurisdic- criminal action or proceeding. The said justices of minaTcases. the peace shall also have power and authority to oaths. administer oaths and to take proofs and acknowledg- ments of deeds and other instruments in the same manner as justices of the peace in towns. Note:— Innholders and tavern keepers may not act as justices of the peace. See i § 2866, Code of Civil Procedure. Justices are exempt from jury duty. See id. § 1033. May solemnize marriages. See § 11, domestic relations law (Chapter 272, Laws of 1896), as amended by Chapter 339, Laws of 1901. May not take fees for advice in certain cases. See § 51, Code of Civil Procedure. Shall not induce suits. See §§ 137-138, Penal Code. May act as coroner, when. See § 1 and § 3, Chapter 379, Laws of 1864. Title V.] Revised Charter. May be appointed by surrogates to take depositions in proceedings to discover property. See § 2707, Code Civil Procedure. As to power of justices to administer oaths, see § 842, Code of Civil Procedure • and to take acknowledgments. See § 248, real property law, (Chapter 547, Laws of 1896) As to removal of justices from office. See § 17, art. 6, state constitution, and §132 Code of Criminal Procedure. As to courts of justices of the peace and proceedings therein. See Chapter 19 Code of Civil Procedure. * ' § 11. Before entering upon the duties of his office, every such justice shall execute a bond to the city of Bond - Cohoes, conditioned that he will pay over on demand to the officer, person or persons entitled to the same all moneys received by him by virtue of his office and for the faithful discharge of the duties of his office as prescribed by this act. Every such justice of theoau, peace shall, at or before the time of filing his oath of office, file with the county clerk a certificate of the city clerk that such justice has filed the bond required by this section. Norai-Concerning official oaths and undertakings see « 10 and 11 „f ,k L,. officers law (Chapter 681, Laws of 1892), Infra. PUbl ' C § 12. It shall be the duty of said justices of the D peace, each and every day of the year, Sundays and" legal holidays excepted, to attend at and keep open their respective offices at such hours and during such time as may be prescribed by the common council and there to hear all matters within their jurisdiction' Said justices shall each keep a docket in which shall D °<*«. be entered minutes of all business done by them as such justices of the peace, as fully and in the same manner as is now provided by law for justices of the peace of towns in this state. Such docket shall be and remain the property of the city of Cohoes and shall at all times be subject to inspection and exami- nation by any interested person or party. SuchS°<*« docket, or any part or transcript thereof, may be evidence read m evidence in the same manner as a docket or transcript of a docket of a justice of the peace in towns. Note :-In relation to docket as evidence, see § 938, Code of Civil Procedure. 35 >uty of attendance. 36 Laws of the City of Cohoes. [Title V. Fees and § 13. The said justices of the peace shall be compensa- o J J - don. entitled to demand and receive for their own use and benefit, in all actions and proceedings within their jurisdiction, and for all services rendered by them as such justices, which they are by this act authorized to perform, the fees provided by law in sJiary 11 ° f the case °^ justices of the peace of towns. Such fees and allowances shall be in lieu of any salary and shall be all the compensation to which said justices or either of them, shall be entitled, except the compen- sation to be paid as hereinafter provided, to one of said justices when acting as recorder. Aldermen, s 14. Aldermen. — There shall be elected annually election of Term of in each ward one alderman who shall hold office for Dudes. two years. It shall be the duty of every alderman to attend the regular and special meetings of the com- mon council; to act upon committees when there- unto appointed by the mayor or common council ; to cause the arrest of all persons violating the laws of this state or the ordinances, by-laws or police regula- Powers. tions of the city, and every alderman shall have the powers of a peace officer to make the arrest of any such person; to report to the mayor or common council all subordinate officers who are guilty of offi- cial misconduct or neglect of duty; and to perform, or assist in performing all such duties as are enjoined upon the aldermen of said city separately or upon the common council thereof. Except as otherwise herein provided, the aldermen shall serve without compensa- compensa- +j on They shall be fence viewers within their inspec- tion. J m , to be fence tive wards, as provided in section two 01 title viewers. thirteen thereof.* Note :— Aldermen have power to solemnize marriages, see §11, Chapter 272, Laws of 1896, as amended by §2, Chapter 339, Laws of 1901 ; sign indentures of apprentice- ship of indigent minors, see § 73, id.; receive election lists, see § 62, Chapter 909, Laws of 1896. As to their powers and duties as fence viewers, see §§ 103-108 and 124-131, Chapter 569, Laws of 1890. In relation to mobs and riots, see § 106, Code of Criminal Procedure. *So in the original. Title V.] Revised Charter, 87 § 15. Supervisors.— There shall be elected in each f^-^ ward in said city in the year nineteen hundred and tionoi - one and in each second year thereafter one supervisor* who shall hold office for two vears, except that the Term of " office term of office of each supervisor elected in the year nineteen hundred and one shall begin on the third Tuesday of April next succeeding his election and shall terminate on the thirty-first day of December in the year nineteen hundred and three. The term of office of supervisors elected after the year nineteen hundred and one shall begin on the first day of January next succeeding their election and shall con- tinue for said period of two years. Said supervisors shall be members of the board of supervisors of the county of Albany, and shall have the same powers as Powers, supervisors of towns, except as otherwise provided in this act, and shall receive the compensation allowed compensa- by law to supervisors of towns in said county. The supervisors in said city shall assist in performing the duties specified in section one of title thirteen of this act, and the supervisor of each ward shall, with the alderman thereof, be fence viewers therein as specified To be fence ± viewers. in the last section. (As amended by § 3, Chapter 625, Laws of 1901.) Note :— See § 2, general city law, {Chapter 32?, Laws of 1900. infra), in relation to term of office of supervisors in cities. For powers and duties of supervisors in towns, see town law (Chapter 569, Laws of 1890). See also, Chapter 355, Laws of 1886. In relation to salary of supervisors of Albany county, see Chapter 837, Laws of 1872, as amended by Chapter 497, Laws of 1875. See also as to transaction of business of said county, Chapter 79, Laws of 1883. § 16. [Repealed by § 15, Chap. 298, Laws of 1901.] § 17. Constables.— There shall be annually elected consul in each ward of said city one constable, who shall hold" office for one year. Before entering upon the duties Bond of his office every such constable shall execute, with two sureties to be approved by the common council, an instrument in writing, whereby said constable and es, election of. 38 Laws of the City of Cohoes. [Title V. his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as said constable may have become liable to pay by reason or on account of any warrant, execution or precept, which shall have been delivered to him for service or collection, and that he will faith- fully perform the duties of his office ; and shall also jointly and severely agree and become liable to pay each and every person entitled thereto for any damages which he may sustain from or by any act or thing done by said constable by virtue of his office of constable. powers. The said constables shall possess, in all civil cases, the same powers and authority, and shall perform the Fees. same duties and be entitled to the same fees therefor, as constables in towns in this state, and they shall Duties in perform the duties imposed upon them by this act in [axesan? relation to the collection of taxes and assessments in assess- - , ... ments - said city, and shall receive therefor such compensation as is allowed by law to constables in towns for like No author- services ; but said constables shall have no power or iSca C ser authority to serve process, or to act, in criminal cases, bastardy cases, proceedings against disorderly persons, nor in any action or proceeding unless the same be of Action, on a civil nature. All actions upon the instrument men- constable, tioned in this section, executed by any constable, shall be prosecuted before the lapse of two years after the expiration of the term for which such constable may have been elected or appointed. Such action may be maintained by and in the name of any person entitled to money collected by virtue of any warrant, execution or precept, or who may have sustained damages by the default or misconduct of such constable ; and a copy of such instrument, duly certified by the city clerk under the seal of the city, shall be presumptive evidence in all courts in this state of the execution of the same by said constable and his sureties, inspectors § 18. Inspectors of election.— AX each annual efecdono"' election two inspectors of election shall be elected Title V.] Revised Charter. 39 in each election district duly organized in said city, who shall hold office for one year, and who shall be two of the inspectors of election for such district at all elections to be held therein for the ensuing year. Immediately after the votes of the annual election shall have been canvassed by the common council, as . herein provided, the common council shall appoint Appoint- ors inspector of election for each election district, to £Sd ^- ' spector. be associated with said two inspectors of election so elected, and who shall thereupon be one of the inspectors of election of such district. Such inspector shall be appointed from the two persons in such election district who of the adherents, if any there be, of different political party from those elected, shall have the highest number of votes ; or, if there be no such adherents of different political party, then from the two persons having the highest number of votes next to the two inspectors so elected. And no ballot t for inspector shall be counted upon which more than two names of candidates for inspectors shall be con- tained. The common council shall certify and include in the statement specified in section ten of title three of this act, the appointment of each inspector made by it as provided in this section. The general provi- sions of law in relation to the powers, duties and General compensation of inspectors of election shall be appli- ern powers, it • p-i.-,-. duties and cable to inspectors of election elected and appointed compensa- 1 *■ tion of in- under this act, when not inconsistent therewith. specters. Note : — Abrogated by the election law. See §§ 11 and 12, Chapter 909, Laws of 1896, as amended by Chapter 95, Laws of 1901. APPOINTIVE OFFICERS. § 19. The recorder.— There shall be appointed by Recorder; the mayor of said city, on the third Monday of July, SSSeS?" in the year eighteen hundred and ninety-two and on the third Monday in July in each and every fourth year thereafter, a suitable person to be recorder of said city. The official title of the person so appointed shall £f e cial be < 'recorder of the city of Cohoes. ' ' No person shall 8 0 U n" fica " / \ Oath T where filed. 40 Laws of the City of Cohoes. [Title V. be appointed as such recorder unless he shall be a resident of said city, and shall have been for at least one year previous to his appointment duly admitted to practice as an attorney and counselor in the several courts of this state. Before entering upon the duties of his office, said recorder shall take and subscribe before, and tile with, the clerk of the county of Albany Rooms, etc. the cod stitutional oath of office. The common council for, shall provide for said recorder a suitable room or rooms for holding court and transacting such other business as may come before him, and all other neces- sary facilities. Hours of § 20. It shall be the duty of the said recorder to attendance. , , . attend at his said room or rooms from nine o clock, forenoon, till twelve o'clock, noon, and from two o'clock till four o'clock, afternoon, each and every day except Sundays and legal holidays, and to hear all matters within his jurisdiction. He shall keep a Docket. docket in which shall be entered a record of all con- victions and judgments had and rendered before him and minutes of all business done by him as such recorder, which said docket shall be open to public costs, fees inspection during office hours. All costs and fees and be paid to all lines imposed and collected by said recorder or by iain m T~ a justice of the peace acting as recorder, shall be reported daily to the chamberlain by said recorder or justice, and shall be fully paid as often as once in each w T eek to the chamberlain for the use and benefit of the Account to city of Cohoes. The recorder shall keep an accurate ar!d ke c P ount y account of all such fees and of all criminal business charges verified and done by him or said justice, which shall be a county 'presented •/ a ■> to board of charge, and shall annually, at the time of presenta- supervisors o ? J ? *• for audit. t | on 0 f c i a i ms against the county of Albany, make out and verify an account of all such business charge- able against said county, and present the same to the board of supervisors thereof, which board shall audit the same to the city of Cohoes, and levy and collect Title V.] Revised Charter. 41 the same as other county charges are levied and collected. § 21 . After the appointment and qualification of said recorder in accordance with the provisions of section nineteen of this title, the mayor shall select and desig - Mayor to ^ designate nate one of the justices of the peace of said city to act jg 1 ^ to as recorder in the cases mentioned in the next section, of reorder Such designation shall continue during the term of C ases nain office of said justice. The mayor shall cause to be served upon said justice by the clerk of the city a written notice of his selection and designation as afore- said. Said justice of the peace, when acting as recorder, g°™Jf "^ch shall be entitled to receive the sum of three dollars justice - for each day of service. His account for such services shall be audited by the common council and the amount thereof shall be deducted by the common council from the salary of the recorder. § 22. In case of sickness, absence from city, or when such . . justice to disability or inability of the recorder to act, the act- justice of the peace, designated as provided in the last section, shall exercise in the place of the recorder all the powers, except those of a county judge specified in the next section but one, herein conferred upon said recorder. Such justice of the peace when acting as Manner of his signing recorder, shall m signing process or paper, add to his P roc ess. official title the words, "acting as recorder and said justice having in place of the recorder, once entered upon the trial or hearing of any action or proceeding Trial before may proceed to the determination thereof ; otherwise f*j r ^ jurisdiction or charge of any action, proceeding or business instituted or pending before the said recorder, or justice acting as recorder, shall be resumed by or devolved upon said recorder upon his return to his official duties. § 23. The recorder shall demand and receive in all demand- proceedings before him and for all services rendered recorder, by him as such recorder, the fees provided by law, and determina- tion. Laws of the City of Cohoes. TitJe V.] all fees and charges legally payable only, and when- ever, any suit or proceeding pending before him shall be settled or dismissed by consent, as in the case of justices of the peace in towns in criminal actions and proceedings before them. Any fine imposed upon any person who in default of the payment thereof shall have been committed to the Albany penitentiary or other place of confinement provided by law, by said recorder or justice of the peace acting as such, shall be paid to said recorder or justice, or to the superin- tendent or keeper of said penitentiary or other place of confinement ; and without such payment the person so committed shall not be released until he shall have served out his full term of imprisonment or shall have been discharged according to law. § 24. The said recorder, having duly qualified as recoXr 01 herein provided, shall possess all the powers and juris- diction conferred by this act upon such officer, and shall have and exercise the powers of a county judge as provided by title twelve of chapter seventeen of the Code of Civil Procedure and shall have the same power and authority to administer oaths and take affidavits and acknowledgments of deeds and other instruments as possessed by justices of the peace in towns, and shall be entitled to the same fees therefor, . except as provided in section sixty -one of this title. All powers, jurisdiction and authority hereby con- ferred upon said recorder shall be exercised by him within the city of Cohoes. t J km Sdic " § 25 • reorder shall, except in case of sickness, absence from the city, or disability or inability to act, have jurisdiction exclusive of any justice of the peace or other officer, except judges of courts of record, to issue all criminal process and all process in criminal actions and proceedings, which a single justice or two justices of the peace in towns are empowered or directed by law to issue ; to hear all complaints and 42 Punish- ment for non-pay- ment of fees. [Title V. Revised Charter. 43 conduct all examinations in criminal cases; to hold Ma ^ ho l d ' courts of courts of special sessions with all the powers and s T 0 e n c s ial et c es " jurisdiction of such courts as regulated by law and this act ; and jurisdiction is hereby exclusively con- ferred upon said recorder, in the first instance, to hear, try and determine all charges for misdemeanors and habitual drunkenness and all charges for being disorderly persons as defined in section eight hundred and ninety-nine of the Code of Criminal Procedure, or to require from the person specified in said section, when so charged before him, the security mentioned in section nine hundred and one of said code ; and also to hear, try and determine all charges for the follow- ing acts, which are hereby declared to be offenses and the persons committing the same disorderly persons, to wit : Disturbing the people or the public peace ; engaging in noisy, loud or tumultuous conduct, tend- ing to disturb the people or the public peace ; using either loud, vulgar, insulting, abusive or threatening language, whereby the public peace and quiet is dis- turbed, or whereby a breach of the peace is intended to be committed, or whereby there is a tendency to commit a breach of the peace, or whereby a breach of the peace may be occasioned, or whereby others may be incited to commit a breach of the peace; or fight- ing or quarreling to the disturbance of the public peace and quiet, or improperly assembling without good cause or reason upon any of the streets, alleys, public places, sidewalks or street corners in said city, and loitering there to the annoyance of passers-by, or of persons doing business in the vicinity, or obstruct- ing or preventing free and unmolested travel of pedestrians after having been ordered by the police or by the owner or occupant of adjoining premises to disperse; he shall also have exclusive jurisdiction and authority to issue all process, hear and determine all complaints and charges and exercise all powers of magistrates in cases of bastardy; but the above 44 Laws of the City of Cohoes. [Title Y. enumerated offenses shall be triable before the recorder only when charged to have been committed within the territorial limits of his jurisdiction, and before re- sna11 De subject, like the cases therein mentioned, to the provisions of sections fifty-seven and fifty -eight of corder sub- ject to PoTerf the Code of Criminal Procedure. Said recorder shall b? nf |enerai P ossess al * other powers and jurisdiction conferred by statute. & general statute upon recorders in cities. Note :— The term judge includes a recorder. See § 3343, Code of Civil Procedure, The recorder has jurisdiction in controversies between masters and servants, see § 927, Code of Criminal Procedure ; in applications for discovery of property of decedents, see § 2708, Code of Civil Procedure ; in summary proceedings, see § 2234, Code of Civil Procedure ; in contested election cases, see § 64, Chapter 682\ Laws of 1892. He may solemnize marriages, see § 11, domestic relalion law (Chapter 272, Laws of 1896), as amended by § 2 Chapter 339, Laws of 1901 ; approve the bonds of auc- tioneers, see § 53 domestic commerce law (Chapter 376, Laws of 1896); and in cases of mobs and riots may call for aid of national guard, see § 86, Chapter 212, Laws of 1898, May summon witnesses before committee of common council. See §§ 6 and 7 general city law, infra. se°nTe e nce 0 § ^ r ec °rder shall have power to sentence all persons who may be found guilty of any offence triable before him, and, upon conviction therefor, to punish by fine not exceeding five hundred dollars, or by imprisonment in the Albany county penitentiary, at hard labor, for a term not exceeding one year, or, whenever, as determined by him, the term of imprison- ment of any person found guilty as aforesaid shall not exceed sixty days, by imprisonment either in the Cohoes jail or in said penitentiary, in his discretion, for the term so determined, or by such fine and imprison- ment; but in all cases of misdemeanor, where the punishment prescribed by law exceeds that in this section above specified, said recorder shall have the SeTo im- same power and jurisdiction to sentence as the Albany t P o ri c°ohoes nt county court now has in like cases ; and he shall have jaii when. t j ie p 0wer? U p Qn conviction, to commit any child under sixteen years of age, brought before him for trial or examination, not charged with felony, to any institution authorized by law to receive such children, or, in his discretion, to said Cohoes jail, separate and apart from adult persons convicted of crime, to be Title V.] Revised Charter. 45 there detained not exceeding thirty days. Whenever he shall try, convict and sentence any person as herein provided, the recorder shall file with the superin- tendent or keeper of the Albany county penitentiary, commit- or of the Cohoes jail or other place of confinement filed, provided by law, to which the person may be sen- tenced,, a commitment of the person so convicted and within twenty days thereafter file with the clerk of the county of Albany a record of such conviction. (As amended by § 1, Chapter 275, Laws of 1896). § 27. When any person charged with any offense Duty to triable before said recorder shall be brought before Sc. charge ' him, it shall be the duty of said recorder to hear, try and determine such charge according to law, whether the person charged requests to be tried or not. Before May ad- entering upon such trial said recorder may, in his dis- j ° urn cretion, adjourn the same from time to time for the purpose of procuring material testimony, either on the part of the people, or of the accused, and may commit the accused to the Cohoes jail until such adjourned day, or suffer such acused to go at large upon his or May take her executing to the people of the state of New York, appearance -tit °f accused. and filing with the recorder, a bond with one or more sureties to be api>roved by the recorder, in a penalty not exceeding one thousand dollars, conditioned for Penalty the personal appearance of the accused before the 1 erem " recorder, on the day to which said trial shall be adjourned, or to which the same may thereafter be adjourned, and that he will not depart therefrom without leave of the court. § 28. Said recorder shall have power and authority May CO m- to commit for trial all persons who shall be guilty of for trial, felonies not triable before him. He shall have power May admit to admit to bail persons charged before him, or by b ^ n when. indictment, with felony, when the imprisonment in state prison, on conviction, can not exceed ten years. 4(5 Laws of the City of Coiioes. [Title V. fudldSfon § 29 - Tne sai <* recorder in addition to the jurisdic- tion and powers hereinbefore conferred, shall possess exclusive jurisdiction and authority for the issuing of process and for the trial and determination of all actions arising under the ordinances and by-laws of fngu^de? 8 " said cit ^' and for tne enforcement of all forfeitures, !aws by etc. fines and penalties imposed by such ordinances and by-laws, and also in all actions for the enforcement of the rules and regulations of the board of health of Sions SUChsaid cit y- A11 sucn actions shall be commenced by commenc. warran t, in the name of the city, upon the complaint Sytoap-" of tne cit y attorney, any police officer or health b?haif n of officer of said city. In any such action in which a police the city. 0 fa cer or the health officer is complainant, the com- plainant may serve a written request upon the city attorney to appear in behalf of the city ; and, upon his own complaint, or upon the service of such request, it shall be the duty of the city attorney to i'n\ e uch ions so a PP ear - Upon the rendition of judgment against actions, the defendant in any such action, execution may be issued therein immediately, and shall require if the officer to whom it is issued can not find goods or chattels of the defendant whereof judgment can be collected, that the defendant be imprisoned in the Cohoes jail for a term not exceeding thirty days. c°mpS° fIn an y such action it shall be sufficient to state in the complaint the title and section or sections of the act, ordinance, by-law or regulation alleged to be violated, the time of its passage, and the amount of the penalty claimed. Any other facts may be given in wp^ed evidence without being stated in the complaint. Such act, ordinance, by law or regulation may be read in evidence before the recorder either from copies of the same, signed by the city clerk under the seal of the city, or from any printed volume containing the same, accompanied by a certificate signed by said clerk, that such volume was printed by authority of the common council of said city. Note :— As to manner of proving ordinance, see § 941, Code of Civil Procedure. 1 Title V.] Revised Charter. 47 § 30. When a bond or recognizance, given as here- Prosecution O 5 n on bond. inbefore provided shall be forfeited, the recorder shall cause it to be delivered to the city attorney of said city of Cohoes, with a request indorsed thereon by the said recorder that the city attorney commence an action to recover the penalty of said bond ; and the city attorney shall thereupon commence such action ^^^/j without delay, in the name of the people and for the secare benefit of the city of Cohoes, and prosecute the same to a determination. All moneys collected in such suits, or upon such bonds, shall immediately be Moneys accounted for and paid over by said citv attorney to be P aid for . t/ «7 0 f C i t y the chamberlain of the city of Cohoes for the use and benefit of said city. § 31. The term of office of said recorder shall be Term of _L' office of tour years. He shall receive a salary of two thousand recorder, dollars per annum. He shall not receive, for his own Saar> use, any fee or compensation for his services as such recorder, other than said salary, except as provided in section twenty-four of this title. Whenever a vacancvy ac ^ cy }° J be filled bv shall occur jn said office the mayor shall appoint a ™ a p y 0 c £ t s suitable person to fill such vacancy for the balance of ment the unexpired term. Vacancy in said office shall result Vacancy to n n -, . result, how. irom death, removal from the city, removal from office, or inability, other than temporary, of the incumbent to discharge the duties of the office. Said recorder Removal of may be removed from office in the same manner and^effect- for the same cause as is provided by law for the removal of justices of the peace of towns in this state. § 32. It shall be the duty of the officers of the Police to police force of said city, and they are hereby em- process is- powered, to serve all process, including venires, issued recorder - by said recorder or justice acting as such. § 33. The chamberlain. — There shall be a suitable Chamber - person appointed as provided in this act who shall Appoint- be the chamberlain of said city. Said chamberlain Duties of in general. 48 Laws of the City of Cohoes. [Title V. shall receive and safely keep all moneys belonging to the city and shall pay out such moneys only in pur- suance of orders of the common council appropriating the same and upon warrants drawn and signed by the city clerk and countersigned by the mayor, except as to receive herein otherwise provided. He shall receive all state, all taxes, etc - county, city and local taxes and assessments, including water rents, which may be paid at his office;, and he shall retain in his office, and not elsewhere, the pos- session of all warrants, and tax and assessment rolls, which may, from time to time, be delivered to him by to enter ^h e supervisors or the clerk of the city. He shall enter receipts, -»- * bookj. 11 daily in suitable books, provided by the common council for his use, all his receipts and payments, in such manner as to exhibit the several amounts paid to him or by him, under each class of purposes for which money shall be raised by tax in said city, with the name of each person by, to, or for whom, and on what account the same shall have been paid ; and he shall u ^ enterfin a column in the tax, or assessment mil, in Ms possession^) opposite^ the names of the persons who shall pay their taxes, assessments or water rents, the ~ dutiesan? amount paid, and the date of payment. Except as p°w e c r ^ r 0 s f in herein otherwise provided, said chamberlain shall towns. possess all the powers and perform all the duties pos- sessed and performed by the collectors of towns. It shall be his duty on the third Tuesday in November in each year, and at such other times as the common to file an- council may require, to present to it and hie with the ment, etc., clerk a detailed written statement of all his receipts with clerk. and payments of money belonging to the city, since the date of his last annual report, and of the financial condition of the treasury, which statement shall contain the number of each warrant upon which, and — the name of each person to or for whom, a payment shall be made by him, and the purpose of each pay- ment. The financial condition of the several boards or departments of said city shall be subject to the Title V.] Revised Charter. 49 inspection of the finance committee thereof at all times during the office hours of said chamberlain. The common council shall cause every such annual report to be published in at least one newspaper Report to printed in said city. All fees and interest moneys 1 ^- J All fees received by the chamberlain on account of collections^^, made by virtue of any tax warrant, or otherwise, shall be paid by him into the treasury of the city. U rJ. treas ~ (As amended by § 4, Chapter 625, Laws of 1901.) Note :-As to disposition of balance of proceeds of sale of lienor, see § 84 of the lien law, (Chapter 418, Laws of 1897). § 34. The chamberlain shall, from time to time, whereto deposit all moneys received by him as such officer in fSfof some solvent bank to his credit as chamberlain. ]N T o ° y ' liability shall attach. to said chamberlain in case of the subsequent insolvency of said bank, providing the same was, at the time of such deposit, in good stand- ing and credit, He shall transfer his account and to transfer deposit to any other solvent bank, when ordered by whS? the common council so to do. He shall be the treas- urer of the funds of the several boards and depart- ments of said city. The term of office of said cham- T ermof berlain shall continue two years, except as provided ° ffice ' by section nine of title four -of Ihis act. He shall receive an annual salary of(two^housand1dollars. His salary, office shall be kept open each day in the year, Sundays office to be and legal holidays excepted, and during such hours as° P " n,W the common council may direct. (As amended by § 2, Chapter 802, Laws of 1895.) § 35. Before any warrant for the collection of taxes Bonds for that shall have been issued by the board of supervisors county 11 _e i taxes. ot the county of Albany shall be delivered to said chamberlain, he shall execute an additional bond to the supervisors of the city with two or more sureties, . to be approved by the said supervisors, in a penalty the amount of taxes directed to be collected in the city by such warrant, conditioned that he will faithfully collect such taxes and pay over the same according to 50 Laws of the City of Cohoes. [Title V. law ; which bond the said supervisors shall, within six days after the same shall have been approved by them deliver to the clerk of the county of Albany, with such Bond a nen approval indorsed thereon. Such bond shall be duly estate. recorded by the clerk as in the case of collectors of towns and shall be a lien upon the real estate of said chamberlain and his sureties in the county of Albany. Said bond shall continue and hold good without renewal until the expiration of the time allowed for the Form of collection of said taxes as herein provided. The form bond. x of said bond shall be in accordance with the above- named provisions* should the chamberlain after he is notified by the supervisors of the city to give a bond as aforesaid, refuse or neglect for ten days to execute ?efusai°to sucn bond, his office shall thereby become vacant, and give bond. |] le common council shall immediately proceed to fill such vacancy. city cierk. § 36. The Clerk. — The clerk of said city shall have Duties of. the custody of the seal records, books and papers Serk C of as thereof, except as otherwise provided by this act. He coSJdTand shall attend all its meetings and act as the clerk of the keep record, common council, and he shall record all by-laws, ordinances, rules, regulations, resolutions and proceed- ings of the common council, and the proceedings at elections and meeting of the inhabitants of said city, and shall prepare and deliver to the mayor transcripts of all orders, resolutions and ordinances passed by the To see to common council. He shall see that all ordinances, ordinandi resolutions, notices and other matters requiring publi- cation are promptly and correctly published as required by this act, or as the common council may direct, and shall preserve and have bound, from time to time, regular files of the newspapers containing the advertise- ments of the city ; and shall carefully arrange, index and file, all books and papers convenient for use. He To correct shall, under the direction of the common council, cor- errorsin rect all clerical errors in the assessment-rolls of said assessment- r0 ^' * So in the original. town clerk's office for certain pur- poses. Title V.] Revised Charter. r }1 city relating to the description of* valuation of property. The books and papers in his office shall be Books and produced on reasonable demand for the inspection of be?Sea- y any elector of said city, and, upon like demand and^' tender of fees at the rate of ten cents per folio there- for, he shall furnish a copy of any paper or record filed or kept with him as such clerk. His office is office a hereby declared a town clerk's office for the purpose of depositing, filing and entering of record all books and papers required by law to be deposited, filed or entered of record in a town clerk's office, and he shall, in and for said city, possess the powers, discharge the duties and receive the fees of a town clerk, except as herein otherwise provided. He shall keep an accurate To kee P account of all moneys received by him belonging to °* ■ i . , -. -| -| n " t5- L - LJ -n vlJ moneys the city, and shall, forthwith after receipt by him of anTT 3, any such moneys, pay the same to the chamberlain, lalE- for which he shall take a receipt from the chamber- lai " lain, and file the same in his office, and have all such receipts ready at all times for examination by the common council or any member thereof. He shall To counter countersign all licenses granted by the mayor, or^"*** common council and all warrants drawn bv orrW nf ™™^p jt ., J Ui memorand; the common council upon the chamberlain for pay- of same ' elc ments of moneys belonging to the city, and shall keep accurate memoranda of all such licenses and warrants in separate books to be provided by the city for that purpose, specifying in the book of warrants the number of each warrant, the purpose of which, the * number of voucher* and date of the resolution upon which it was issued, and in the book of licenses the date of each license, to whom granted, for what time and purpose, and the amount paid therefor. He shall also keep such other books as may be required by this act or by the common council. He shall, within to > deliver twenty-four hours after each and every meeting of the EtaE^T common council, make and deliver to the chamberlain'^-™-" lating- to * So in the original. ' finances. 0, OF lit- U 0 ' 52 Laws of the City of Cuhoes. [Title V. a copy, certified by biro, of all resolutions and proceed- ings of the common council relating to the finances of to report the city. He shall, when required by the common to common m m . council on council, report m writing at each regular meeting condition of ' x 0 0 ^ funds. thereof the amount of all orders drawn on the several funds in the hands of the chamberlain since the last regular meeting of the common council; and the unexpended balance of each of said funds. ?e°cor e d S s of § Copies, printed or written, of all papers filed in fied'by Sim, his office and transcripts thereof, and of the records evidence. p roceec ji n g S 0 f the common council, and copies of the ordinances of the city, certified by him under the corporate seal of the city, shall be evidence in all courts and places with like effect as the original would be if to serve produced. The clerk shall serve upon all persons notices of i - appointed to office under the provisions of tins act, written notice of their appointment, as provided in " section eleven of title three of this act" in the case of persons elected to office. In addition to the duties required of him by this act, he shall perform such other duties as may be reasonably required of hi in by the common council, or by the several boards of the cierk/™ city. In case of sickness or absence or disability of the tern. ■* 1 " clerk to act, the common council are authorized to appoint a clerk pro tempore, who on taking the required oath, shall possess the powers and perform dutTeTInd the duties of clerk during the continuance of such don o? derk absence or disability. The amount to be paid for the pro tem. g erv j_ ce 0 f such pro tempore clerk shall be determined by the common council, and may be deducted from Term of the salary of the city clerk. The city clerk shall hold office for one year, and for all services which he may be required to perform under this act, he shall receive salary. a salary of eight hundred dollars. Note:— The city clerk is also clerk of the public improvement commission. See § 20, Chapter 227, Laws of 1898 (public improvement commission act), infra. Notices to be served on a board or body may be served on the clerk or chairman thereof. See § 20 of the statutory construction law (Chapter 077, Laws of 1892). appoint- ment on persons ap- pointed to A dditional duties. Title V.] Revised Charter. 53 As to filing of marriage certificates or contracts with the city clerk and the fees to be paid therefor, see §§ 11, 15 and 17 of the domestic relations law, (Chapter 272, Laws of 1896), as amended by §§ 2, 3 and 5, Chapter 339, Laws of 1901. As to duties of the clerk with regard to elections, see §§ 32, 35, 58 and 59 of the election law (Chapter 909, Laws of 1896), as amended by Chapter 630. Laws of 1899 and Chapter 95, Laws of 1901; also, §§ 87 and 89 of the election law (Chapter 909, Laws of 1896). Documents, books, papers, etc., of the justices of the peace whose office has become vacant to be deposited with the city clerk. See §§ 3144-3147, Code of Civil Procedure- Slips of laws passed by the legislature and concurrent resolutions affecting the city to be sent to the clerk. See § 49, Chapter 682, Laws of 1892, as amended by Chapter 259, Laws of 1896. As to filing: with clerk of enrollment of persons liable to military duty, see §§ 2 and 4, of the military code (Chapter 21 •', Laws of 1898). As to notices to be given clerk of application of aliens to become citizens, his duties and fees in relation thereto, see §§ 4, 5. 7 and 8, Chapter 927, Laws of 1 895. As to notices to be given clerk that G. A. R. posts intend to supervise relief of poor veterans, see § 81 of the poor law (Chapter 225, Laws of 1895), as amended by Chapter 337, Laws of 1898 For general provision of law as to the duties of clerk in relation to taxes and assess- ments, see tax law (Chapter 908, Laws of 1896). As to filing of chattel mortgages with the clerk, see § 92 of the lien law (Chapter 418, Laws of 1897), as amended by Chapter 219, Laws of 1901. § 38. The city attorney . — There shall be a proper city attor- x x ney, how and suitable person appointed as provided by this act, a pp° inted - who shall be the attorney anil counsel and the legal adviser of and for the city, and its mayor and several Legal officers, boards and departments. He shall, under the city^etc. 0 direction of the common council, have the manage- charged , with control ment, charge and control ot all law business of the city, of an law ^ business for and of all law business in which the city in its own cil y> etc - behalf or in the behalf of its officers, boards or depart- ments shall be interested. He shall draw all leases, deeds, contracts and other legal papers for the city and its several boards. He shall have the charge, manage- ment and control of, and shall conduct all the proceed- ings necessary in opening, widening, altering, or Duties in t -n regard to extending streets, alleys, avenues or roads, and in all localim - . provements other local improvements, and shall perform such other legal services as may be required of him by this act or by the common council, pursuant to law and the ordi- nances of the city of Cohoes. He shall receive an annual salary therefor not exceeding twelve hundred salary, dollars, to be fixed by the common council, exclusive of all disbursements, and in full for all services 54 ' Laws of the City of Cohoes. [Title V. offi C ?. of rendered or performed by him as herein required. The said attorney shall hold his office for one year^ and whenever, by the expiration of the term of the incum- bent, or by his removal from office, or in any other manner a vacancy shall occur, a new city attorney may be appointed who shall be entitled to receive and take S 0 bo e o S ks 0n P ossess i° n °f all books and papers appertaining to the office or in his possession, and all pending suits shall, unless otherwise directed by the common council, be r u e ks ding prosecuted or defended by the city attorney in office ; and the out-going city attorney or his legal representa- tive shall, on demand, deliver all books and papers appertaining to the office to the newly appointed officer so entitled to receive the same. The e&yC/ 1 ^ to keep ac- attorney shall keep an account of the moneys actually expended in the prosecution of such duty, or in the performance of any legal business on behalf of the city, by and under the direction of the common council, and such expenses shall be audited and paid as other SionT accounts against the city are audited and paid. All attorney and counsel fees arising or accruing in any action, or in any proceeding for any local improve- ment or otherwise, shall belong to the city and shall be paid to the chamberlain. The ckjy attorney shall keep an account of all fees and costs collected by him in city business, and shall account for the same as money had and received on behalf of the city; ?nce°o n f tinu " Dut ne snaii n °t discontinue any suit or proceeding, smts. or ma k e ail y compromise, settlement or remission of fees, costs and charges without the advice and con-. to furnish sent of the mayor. It shall be the dutv of the city opinion v «/ «/ Sired 1 " 6 " attorne y when required by resolution of the common council, to furnish, in writing, his opinion on any question submitted by such resolution, which opinion shall be hied in the office of the clerk of the city. The common council, by a vote of two-thirds of the mem- bers thereof, may at any time remove the city attorney from office. w.- /. Removal from office Title V.] Revised Charter. 55 . Note .-—The city attorney is the legal adviser and attorney for the several boards and departments, and they may not employ other counsel and create liability against the city for such services. See Shepard vs. the city ofCohoes. 12 W. Dig. 76. ,->§"~39. The city engineer and survey or. — There shall Engineer 1 1 • j 1 1 ailCl SUr " be a proper and suitable person appointed as pro- ve y° r - vided by this act, as and who shall be the city engineer and surveyor. It shall be the duty of said engineer Duties in " ° general. . and surveyor to make or cause to be made all surveys and maps required by the common council or by the city attorney, or by the general assessors of the city or by this act, or by any other act relating to the city of Cohoes, and perform all such other professional duties and services as may, from time to time, be required by the common council. He shall keep in his office, Tokeep which shall be m 'said cit v, a^book of records in which record of ■ 1 " A • _ streets, etc. he shall enter the survey and map of every street, avenue, alley, lane or highway in said city, and the grade thereof which has heretofore or may hereafter be laid out or dedicated, either by said city or any person or persons or corporation, unless the same has been already so entered therein ; and said book shall also contain a survey and map made by said engineer and surveyor, of all sidewalks, sewers, and inlets in said city, which are or may be established by the common council; and said book shall also contain a survey and entry of all water pipes and mains and hydrants, and where laid and located. The said engi- to super- -, , , , , ^ vise con- neer and surveyor shall see that the construction of all struct™ of bridges, etc. bridges, sewers, culverts, drains, wells, cisterns, streets, alleys, avenues, roadways, clocks, piers and wharves b- longing to the city, including grading, paving and curbing of streets, avenues, alleys and sidewalks, and the putting down of the hydrants and water mains in said city is properly done and completed, and that the contracts in relation to the same have been properly performed, and shall furnish to the common council a certificate in writing to that effect whenever the same is so completed and performed.* All property and 56 Laws of the City of Cohoes. [Title V. materials of every kind, including maps, books, charts, surveys and other papers coming into his possession by virtue of his office shall be the property of the city. Term of He shall hold his office for one vear and shall receive office. p"* «•«• \ salary. a salary of Jfiye hundred dollarsj The said engineer to be ex- anc i surveyor shall be ex-officio a commissioner of officio com- ^ ™ , g s oner of deeds of the city of Cohoes. superin- § 40. The superintendents^ of streets and public streets. 0 grounds. — The superintendent of streets and public Duties in grounds shall, under direction of the common council, general. SU p er i n t enc t all repairs and improvements upon the streets, avenues, alleys and public places of the city, the building and repairing of bridges, sewers, crosswalks, sidewalks, curbs and gutters and shall hire and employ the requisite laborers, and direct them as to the time and manner of the execution of their work, except as otherwise provided. He shall perform such other duties connected therewith as may from time to Power to time be required by the common council. He shall have no power to contract any debt or liability on the part of the city, unless by resolution of the common council authorized so to do, and he shall not employ his own team or wagon except with the consent of the common council. Whenever the common council shall order any of the repairs or improvements to be made, or the work to be done, specified in this section, it shall, in the resolution making such order, direct as to the time and manner of making such repairs or improvements or doing such work, and shall also make such appropriation therefor as it may deem necessary. When such appropriation is exhaustedrthe p?fation pro " superintendent shall discontinue the repairs, improve- ments or work for which the same was made. In case such superintendent fails so to discontinue, he, with his sureties, shall be personably liable for all the work done after such appropriation is exhausted, either to contract debts limit ed. Not to ex- So in the original. and ac- with Title V]. Revised Charter. 57 the men employed or to the city, if such men shall be paid by the city, unless the common council deems proper to make a further appropriation for the same purpose. The mayor and clerk shall each keep an Mayor accurate account with each appropriation made as^^ aforesaid, and charge such appropriation with each ° e ™f£ warrant drawn thereon and signed by them ; and they shall refuse to sign, and the common council shall have no power to draw warrants in payment of soch persons to a greater amount than the sum appropriated for the work on which they were employed. The said superintendent shall each month and whenever anysuperin appropriation shall have been exhausted- as above ~ u mentioned, or whenever required by the common council, at a regular meeting thereof, present to said common council a statement in writing, in detail, under oath, setting forth the amount of work done to date of report, and when and where done, and the condition of such work, the names of the persons employed by him, of work done by each, their wages per day and the amount due each and the amount of materials, articles and orders furnished, to whom furnished, when and for what purpose and the amount due on and for the same. It shall be the duty of the Duly of a, aldermen of the ward or wards, where such work shall ~ 0 n have been done, to be informed concerning the condi- tion and progress of such work, and to examine such statement and report thereon to the common council. The said common council shall examine such state- ment and report and if it approve the same, and if the several persons mentioned in said statement shall have made the affidavit prescribed by section one of title twelve of this act, then by resolution of said common council, warrants shall be drawn payable to the several persons whose names appear in such statement for, and m payment of the amounts due them respectively Said superintendent shall be removable at pleasure byR em ovaiof the common council, and shall receive for his services EEEST Office. monthly to common council. 58 Laws of the City of Cohoes. [Title V. Salaf y a salary to be fixed by the common council, not to exceed eight hundred dollars a year. thIp S o e o e r, of '§ 41 ' Tlie omrseeT of the poor.— The overseer of the poor shall, subject to the provisions of this act, Kbiikfei nd nave tlle same powers, with the same restrictions and liabilities, as overseers of the poor of towns in the county of Albauy; and, for all purposes relating to the maintenance and support of the poor, the city shall be treated as one of the towns of said county. Said overseer of the poor shall occupy an office to be pro- vided by the common council, in some central and convenient part of the city, and shall, at the first mSmX'to re g ular meeting of the common council in each month, report to it in writing, in detail, under oath, all appropriations, expenditures, temporary relief and allowances made by him as such officer during the last preceding month. Said report shall specify ,the name of each person relieved, with the quantity, quality and price of each article furnished, and from whom obtained ; it shall also contain the names of all persons to whom meals and lodgings have been furnished, and the number of such meals and lodgings, from whom obtained and the cost of the same. Said report shall be accompanied with the written orders given by the aldermen, as mentioned in section forty-four of this title, and with a statement of all applications not granted and the reason therefor. Note :— The overseer of the poor is subject to the provisions of the general poor law (Chapter 225, Laws of 1896), except as otherwise specially provided by law. See § 29, of said chapter. Artitle II of the Poor Law applies to overseers of the poor. Said § 29 requires the overseer to report to the common council at the beginning of the fiscal year. Unclaimed surplus moneys arising from sale of stray beasts shall be paid to him. See § 133, town law (Chapter 569, Laws of 1890). Also one-half of penalties for illegal use of labels, etc., of labor organizations, etc. See § 16 of the labor law (Chapter 415, Laws of 1897). As to actions by or against overseers of the poor, see § 1926-1931, Code of Civil Procedure ; 2 R. S., 474, §§ 102-103. Title V.] Revised Charteb, 59 § 42. Said overseer shall possess all the powers and General authority, subject to any modifications herein, of over- seers of the poor of the several towns in this state, in relation to the support of indigent persons, the binding out of children, the safe care and keeping of lunatics, the care of habitual drunkards, the binding and con- tracting to service of disorderly persons, the support of bastards and proceedings to charge the parents of such bastards. 8 » I !n7 : ^ AS ^ the - inStitUti0n of bastara > Proceedings by overseers of the poor, see § 840, Code of Criminal Procedure. As binding- out of disorderly persons, see § 910, Id. * St ( ° a PPl ications °y. ^ the appointment of committee of lunatics, see 2324- 4625, Lode of Civil Procedure. t A S t0 A U o^ S ° f ° Verseers of the P° or relative to habitual drunkards, see Chapter 229 Laws of 1840. 1 (rt* t0 th o e .i n ? entUre , ° f a PP rentices ^ Poor officers, see § 73, domestic relations law (Chapter 272, Laws of 189 ). § 43. Indigent persons and such others as shall beind entitled to relief under the laws of this state, who are, pen or who shall become chargeable or likely to become chargeable to the city, being in said city shall continue to be supported and relieved in the manner provided by law in respect to the county of Albany. All persons applying for any such relief shall make applica- tion in writing, which application shall be filed and preserved by the overseer of the poor and delivered monthly to the clerk. All charges and accounts against city the city for services rendered, acts done or means chanres furnished by virtue of this and the preceding section, shall be audited by the common council in the same manner and at the same time similar accounts are audited in the several towns in the county of Albany by the respective town boards; and all accounts properly chargeable against the county of Albany, County shall be audited by the board of supervisors of said ChargeS ' county of Albany, in the same manner as the accounts of towns and town officers are audited and allowed by them. gent persons. 60 Laws of the City of Cohoes. [Title Y. Smpor n afy° f § 44 - Said overseer of the poor shall not grant poor! to medical, surgical or temporary relief, or board and lodging for any poor or indigent person, atthe expense of the city, without the written order or authority, first had and obtained, of at least two aldermen, and in such case not to an amount exceeding the sum limited in such order, nor without the written petition of the applicant. Any medical, surgical or temporary relief, or board and lodging, furnished without such order or petition, shall not be a valid claim or be recovered against the citjc; and said common council are prohibited from auditing or allowing any such claim or account to any person whatever. For a violation of this section the common council may of U £o?i- e rem o y e said overseer of the poor. The common council by common of said city shall have the power and authority to council. con tract for and purchase at such times and in such quantities as they shall deem necessary, for the tem- porary relief of the poor of said city, provisions, articles and fuel, to be delivered at certain times, at the storerooms provided as herein authorized for said overseer of the poor, and at such other places as the common council of said city shall specify, or in the case of fuel, at the houses, of said poor. Said common council shall have the power and authority to provide said overseer of the poor with a suitable building or 2o?Seo°f r rooms for tne storage of provisions and articles supplies, obtained by the said common council for the temporary relief of the poor of said city and such offices and waiting rooms, books and furniture necessary for the proper discharge of the duties conferred upon said overseer of the poor by the provisions of this act. Furnishing And said overseer of the poor shall furnish such ot supplies F by overseer provisions, articles and fuel /to the poor of said city in such manner as he shall /be directed to do by the common council of said city. (As amended by § 1, Chapter 551, Laws of 1899.) Title V.] Revised Charter. 61 § 45. Said overseer of the poor, in performing the Not to be in duties of his office under the provisions of this act and fffSh the laws of this state, shall not furnish to any person $f e HL" whatever, groceries, fuel, medicines or other supplies belonging to himself or in which he is interested, nor shall he be interested in any contract for the purchase thereof from any other person, or receive any com- mission on the sale thereof, or be in any wise benefitted by the furnishing of any such groceries, provisions, fuel, medicines, supplies or temporary relief , and shall each month make oath to that fact and present the same to the common council with his account. For a violation of this section the overseer of the poor may be removed from office by the common council after an opportunity to be heard in his defense. The common council is hereby prohibited from auditing any account or claim to such overseer for anything furnished in violation of this section after proof of such violation. § 46. Said overseer of the poor shall have r»ower to M ayexa- examine under oath any person applying to him forS££. appli " relief, and false swearing during such examination shall be deemed wilful perjury. He shall have the Bastardy same power to settle bastardy cases within said city, cases as is now conferred upon superintendents of the poor. He shall receive an annual salary of eight hundred Salar ^ dollars. § 47. The sealer of weights and measures.— Theseaier of sealer of weights and measures shall take charge of ™uref d and provide for the safe- keeping of the city standards Powers and of weights and measures, and shall see that the^' weights and measures and all apparatus used for determining the quantity of commodities used through- out the city agree with the standards in his possession. He shall visit semi-annually, commencing in the month of March and September, all places of business in said city where such weights, measures or apparatus are Rules for his guid- 62 Laws of the City of Cohoes. [Title V. used, and shall carefully inspect and mark the same as required by law, and all such weights, measures or apparatus used in said city by any person or persons having no fixed place of business therein shall be so inspected and marked by him semi-annually. The common council shall prescribe rules and regulations for the guidance of said sealer of weights and measures in the performance of his duties, and shall fix the compensa- fees or other compensation to which he shall be entitled. Except as herein otherwise provided he shall be subject to the provisions of law in relation to town sealers of weights and measures. Pound- master. Note:— For the general provisions of law relating to the duties and compensation of city sealers, see §§ 15, 16 and 17, domestic commerce law (Chapter 376. Laws (jl ofl896) - ^M^H^ r I 48. The poundmaster The poundmaster shall perform such duties and receive such fees or other compensation therefor as may be prescribed by the common council, and except as herein otherwise provided, he shall be subject to the provisions of law in relation to poundmasters. Commis- sioners of deeds. Term of office and powers. § 49. Commissioners of deeds.— The commissioners of deeds shall hold office for two years and' shall possess the same powers in .the county of Albany as are conferred by law upon commissioners of deeds for the city of Albany, and be entitled to the same fees for services performed by them. A certificate of their appointment attested by the clerk under the corporate seal of the city shall be filed with the clerk of the county of Albany and the oath of office of said com- missioners shall be taken before and filed with said ofncemay county clerk . The holder of any other office under be held J 7 . ™ • • with other, this act may also ho^d the office ot commissioner ot deeds if appointed thereto. Oath. Note:— For the general provisions ot law relative to commissioners of deeds in cities, see § 86, of the executive law (Chapter 663, Laws of 1892) as amended by § 1, Chapter 88, Laws of 1894. See also § 842, Code of Civil Procedure. (ja %m* i Title Y.] "Revised Charter. 68 MISCELLANEOUS PROVISIONS RELATING TO OFFICERS. § 50. No person shall be elected or appointed to anv ° nl y resid - -Ojvt^i- -a , 1 ents to hold omce under tins act, unless he shall be a resident office - elector of said city, nor to any ward or district office unless he shall be a resident elector of the ward or election district for which he is elected or appointed ; and whenever any such officer shall cease to be a resi- dent of said city or of the ward or election district for which he is elected or appointed his office shall thereby become vacant. § 51 . Every person elected or appointed to any office Every ofii- under this act, before entering on the same shall take oath 0 ofo k f- the oath prescribed by the constitution of this state before the mayor or some^offieei^^ affidgjdlsuto .be read in courts of justice, and file the Oath where same with the city clerk, except thaf the mayor, ^ justices of the peace, recorder and commissioners of deeds shall file their oaths of office with the clerk of Albany county, and the city clerk shall file his said oath with the mayor; and except as otherwise pro- Penalty for vided, any person elected or appointed to any office neglm ' under the provisions of this act, including any office to which any board has the right to appoint, who shall not within ten days after notification of his election or appointment take the required oath of , office and file the same as herein provided, and give the security required by this act, shall be deemed to have declined the office, and the vacancy in such case shall be forth- with filed* as herein provided. It shall be sufficient for oath and justices of the peace elected for a full term to file such tKfSfST oath and give such security on or before the fifteenth fjp filed ' day of December in the year of their election. Note:— For general statute relative to official oaths, see §10, public officers law, infra. § 52. Whenever a vacancy shall occur in any elective vacancies office, the common council shall, unless otherwise pro- officeT how vided herein, fill the same utotil the next annual elec- tion, by appointment thereto! of a person having all the *So in the original. 64 Laws of the City of Cohoes. [Title V. qualifications for election to such office. At the next annual election, a person shall be elected to such office for the residue, if any there be unexpired, of the term of such office, in the manner provided in this act for an election for a full term to such office. Any person appointed to any office, or elected thereto for the residue of an unexpired term, as provided in this section, shall possess all the powers, and be subject to all the duties and requirements conferred or imposed by law upon the officer whose unexpired term such person is appointed or elected to fill. commence- 8 53 £[1 officers elected at the annual election shall, ment and 0 of termi°Sf unless herein otherwise provided, enter upon the office ' duties of their respective offices on the first Tuesday after the first Monday of January succeeding their election, and continue in office until the first Tuesday after the first Monday of January in the year of the expiration of their respective terms, and until their successors, duly chosen, have taken the oath of office and become duly qualified to serve. All officers appointed by the common council to fill a vacancy, as provided in the last section, shall enter upon their duties immediately after qualifying therefor, and shall continue in office until the first Tuesday after the first Monday of January next following, and until others are elected or appointed in their places and have become duly qualified. All officers elected to office for the residue of an unexpired term, as provided in the last section, shall enter upon the duties of their respective offices on the first Tuesday succeed- ing their election, or as soon thereafter as qualified. On the Tuesday next succeeding the first Monday of November, in the year eighteen hundred and ninety- five, a mayor, a police commissioner and two assessors shall be elected in said city. At the same time there shall be elected in each ward in said city one super- visor, two alderman, and two constables. The term Title V.] Revised Charter. of office of said officers shall commence and continue as follows : The term of office of the mayor, a police commissioner and one assessor, and in each ward the term of office of one alderman, and one constable, shall commence the third Tuesday in April; in the year eighteen hundred and ninety-six, and shall continue as prescribed in the case of those officers respectively, by the act hereby amended, or by law ; and the other of said assessors' term of office shall commence on the Tuesday next succeeding his election and shall continue until the third Tuesday in April, in the year eighteen hundred and ninety-eight. The term of office of one alderman in each ward, shall commence on the Tuesday next succeeding their election and shall continue until the third Tuesday in April, in the year eighteen hundred and ninety-seven ; and the term of office of one constable in each ward shall commence on the Tuesday next succeeding his election and continue until the third Tuesday in April, in the year eighteen hundred and ninety-six. Where D esi signa- two candidates for the same office, with terms of-banoT unequal duration, are to be voted for in any ward, such unequal terms shall be distinguised upon each ballot by the words "long term" or "short term", as the case may be, beneath the name of the office, upon the ballot voted. At each annual election succeeding the Annual annual election in the year eighteen hundred and^ of mnety-five, the same officers shall be elected in said city as would, except for the passage of this act, be elected on the second Tuesday in April next succeed- ing such election. All officers of the city of Cohoes in office when this act takes effect shall hold their offices for the terms for which they were respectively Terms of chosen, and until their successors are chosen and have mcumbents - qualified. In the case of the creation of any new or Appoint- additional ward in said city prior to the time of the^ok annual election therein in the year eighteen hundred"" 1111895 and ninety-five, as regulated by this act, the common 66 Laws of the City of Coiioes. [Title V. council shall appoint to the several offices in said ward, and all officers so appointed shall, as to their respec- tive powers and duties, be subject to the provisions of the act hereby amended ; and they shall hold their respective offices until the second Tuesday in November, in the year eighteen hundred and ninety- five, and until their successors shall have been duly wSJ^ffi^ electe( ^ an d qualified. At the first annual election cers in 1895. un( q er ^his ac ^ j n t } le y ear eighteen hundred and ninety-five, there shall be elected in each new or additional ward two aldermen and two constables. One alderman shall hold office from the twelfth day of November, in the year eighteen hundred and ninety- five, until the third Tuesday in April, in the year eighteen hundred and ninety-seven; and one aldermen shall hold office from said twelfth day of November, in the year eighteen hundred and ninety-five, until the third Tuesday in April, in the year eighteen - hundred and ninety-eight; and one constable shall hold office from the twelfth day of November, in the year eighteen hundred and ninety-five, until the third Tuesday in April, in the year eighteen hundred and ninety-six : and the other shall hold office for the period of one year from the third Tuesday in April, in the year eighteen hundred and ninety- six. And all ^vefof sai(i officers shall hold their respective offices until otticers. their successors shall have been duly elected and qua- lified as provided in the act hereby amended. In the case of unequal duration in the terms of like offices in any such ward, the same means of distinguishing such unequal terms, at the first election therein, shall ment m of nce " De employed as prescribed in the last section. All officers appointed by the mayor, any board, or by the common council, as directed b}^ section nine of title four, shall, unless herein otherwise prescribed, enter upon the duties of their office immediately upon their appointment and qualification for office. But no officer required to give security shall enter upon the terms of appointive officers. No officer to be inter- Title V.] Revised Charter. duties of his office until such security has been given and approved. (As amended by § 5, Chapter 625, Laws of 1901. See also same section amended by Chapter 566, Laws of 1901.) § 54. No person, except a commissioner of deeds, elected or appointed to or in office, under any of the^ provisions of this act, shall, unless otherwise in this ***£?c act provided, be directly or indirectly interested in any contract to which the city or any of the boards or departments thereof is a party, or in any account against the city, or any board or department thereof, for supplies or materials furnished ; and any contract in which any such officer shall be or become so inter- ested shall be void. (As amended by § 7, Chapter 604, Laws of 1893.) For the general provision of law relative to interest of officers in contracts, see | 3 of the general city law, (Chapter 327, Laws of 1900), infra. % 55. No member or officer of the common council, officers no or any city, ward or district officer, whether elected oi|Sa- appointed, shall take or receive any money, article thing, advantage or promise thereof, as consideration for any vote or act in his official capacity, or for making or consenting in such capacity to any award of any contract, or to any appointment for office or place. Any person offending against the provisions of Penalty this section shall be deemed guilty of felony, and, upon conviction, shall be punished" by imprisonment in the state prison for a term of not less than three nor more than five years. § 56. The resignation of any office under this act not Resi appointed by the/mayor or by any board as herein 1 provided, shall be made in writing to the common council ; and resignation of any office held by appoint- ment by the mayor or by any board as herein pro- vided, shall be made in writing to the mayor or to such board with whom or which the power to appoint 67 igna- 10ns. 68 Laws of the City of Cohoes. [Title V. may be. But no such resignation shall take effect until the common council, mayor or such board shall have accepted the same ; and when so accepted such resignation, with a certificate of the acceptance thereof , signed by the mayor, city clerk or clerk of said board, as the case may require, indorsed thereon, shall be filed in the office of the city clerk. Note:— See general provisions of law relative to resignations from office, § 21, public officers law, (Chapter 681, Laws of 1892), infra. Officers to deliver pro- perty of city to their su No person to hold at same time more than one office under this act. § 57. Any person having been in office in said I city, who shall not within ten days after notification and request by his successor, deliver to his successor in office all property, papers and effects of every description in his possession, or under his control, belonging to said city, or appertaining to the office' so held by him, shall forfeit and pay to the use of said city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver the same. § 58. Unless otherwise provided herein, no person shall at the same time hold more than one office, either elective or appointive, under the provisions of this act. Any person holding office under this act, who shall be elected or appointed to any other office thereunder, shall, upon notice and acceptance of such other elec- tion or appointment, immediately resign his previous office or be deemed to have forfeited such other office. Bonds of the several officers. § 59. The chamberlain, city, attorney, recorder, justices of the peace, overseer of the poor, city engi- neer and surveyor, superintendent of -streets and public grounds' and such other officers as may be required by the common council, or by the several boards in the case of officers appointive by such boards, shall each before entering upon the duties of his office and within ten days after notice of his election or appointment thereto, execute and file with the city clerk a bond or undertaking to the city of Cohoes, with at least two sureties approved by the common council or any such Title V.] Revised Charter. 69 board, as the case may be, wlio shall be freeholders of said city and who shall together justify in double the penalty of said bond or undertaking, conditioned, unless otherwise specially provided, for the faithful performance of the duties of his respective office and for the accounting for and delivery and payment to the city of all property and moneys belonging to the city, received by him ; and shall when required by the common council, or such board as the case may be and within ten days thereafter, execute and file a new or additional bond or undertaking. The penalty of the Penalties of ° ... the same. bond or undertaking of the chamberlain shall be at least the amount of general city taxes to be annually received by him ; that of the recorder, five thousand dollars ; that of the overseer of the poor, double the amount of cash disbursements for the support of the poor in said city for the preceding year; and that of the bond or undertaking of every other officer, such amount as shall be prescribed by ordinance or resolu- tion of the common council. The bond or under- taking, if any, of the city clerk shall be filed with the mayor. Note:— Concerning official undertakings, see §11, public officers law, (Chapter 681, Laws of 1892), infra. | 60. No bond of any officer, required by this act to How ion- be given, shall be discharged, until all property and" 6 e ° money received by him shall have been accounted for, and until his accounts shall have been examined and approved by the common council, whose, duty it shall be to make such examination,* nor until their certifi- cate of approval of said account shall have been filed in the office of the city clerk. § 61. The salaries of all officers to be paid by the Salar i es . * */ payable city shall, except as .'herein otherwise provided, be paid ^ t uarterly ' quarterly, and any amount due/ the said city for moneys had or used or retained by a'ny such officer shall be deducted from his salary. No officer of said city shall g^SP for ; — oaths, etc., *So in the original. for city. 70 Laws of the City of Cohoes. [Title VI. be entitled to any fee for any oath, affirmation or acknowledgment taken or sworn before him for the city, or for any officer or agent acting for the city, nor, when thereto qualified, shall he refuse to take or administer the same on proper application therefor. mKTby § 62 • ^ n appointments to office made by the mayor SedTS slla]1 be in writing and shall be filed on the day of such fommon appointment with the city clerk. All appointments to reqSired° te office made by the common council, shall, unless other- wise provided, require the affirmative vote of a majority of the members, exclusive of the mayor. hoTdove? § 63 - A11 persons elected or appointed to any office, sors S ei C e C c e ted, an d ail persons in office, under any of the provisions of this act, shall continue therein until there* respect- ive successors shall have been duly elected, or appointed and qualified. offi™?rfSr § 64 ' omcer appointed to office by the common cause. council may be removed therefrom for official mis- conduct, neglect or omission to perform the duties of his office,^ or incompetency^ well and faithfully to dis- charge the same, upon charges preferred by the mayor or common council, after opportunity to be heard in his defense, by a vote of two -thirds of all the alder- men elected to office, voting in common council. Note:— As to residence of public officers, see §§ 2 and 3 of the public officers law, (Chapter 681, Laws of 18.92), infra. Concerning the defrayal of the expenses of legal proceedings incurred by public officers when successful in such proceedings, see Chapter 700, Laws of 1899. TITLE YI. PUBLIC INSTRUCTION. ntemtnd Section 1. The public schools of the city of Cohoes public" 1 of sna11 be under the management and control of a board BoaTd'of of education which shall be styled "board of educa- education. tion of tlle city Qf Cohoes^ and be com posed of five school commissioners, to be appointed as herein *So in the original. Title VX] Revised Charter. 71 provided, who shall be a body corporate in relation to all the powers and duties conferred upon them by this title / ° n 01 before the nrst da J of May, nineteen school himAred and one, the mayor of said city shall make SSS a P - and file with the city clerk his appointment, in writ- -JSKSSS ing, of five persons, residents of said city, not more^ 0 ^ than three of whom shall belong to the same political party, who shall be school commissioners, as aforesaid, and shall constitute said board of education. The terms of office of said school commissioners shall begin on the first day of May, nineteen hundred and one, and shall end, one, on the thirty-first day of December, nineteen hundred and two, and one, on the thirty-first day of December, in each of the four next succeeding years. The mayor, in his said first appointment, shall Desiena- designate the term each school commissioner shall SsL serve as such, and, upon the expiration thereof, the pofntment. mayor for the time being shall appoint his successor. The term of each and all ^Cceedmg school commis- sioners shall be five years from the first day of January in the year of their appointment. In case of the vacancies death, resignation or removal of any commissioner during his term of office, the mayor then in office shall, within ten days thereafter, appoint a successor to such commissioner for the remainder of the unex- pired term of the outgoing commissioner. Any Removals member of said board of education may be removed from office, for cause, by the mayor of said city, upon complaint of any taxpayer or person aggrieved by his official misconduct, provided , always, that said member shall be served with a copy of the charges preferred against him and notice of trial, not less than twenty days previous to the day fixed for the hearing of the matter, by leaving such copy and notice with him personally or at his residence in the city, or by send- ing the same to his address by mail. * The accused member, shall have the privilege of being represented, at his own expense, by counsel. The city attorney for cause. 72 Laws of the City of Cohoes. [Title VI. shall appear for the prosecution, at the request of the mayor. (As amended by § 1, Chapter 298, Laws of 1901). Meetings of § 2. The members of said board shall hold an board. u annual meeting on the second secular day in January in each year and shall then organize their body. The board shall also meet for the transaction of business as often as once in eacli month and may adjourn for any shorter time. Special meetings may be called, as often as necessary, by the president to be appointed by said board as hereinafter provided, or, in his absence or inability to act, by any two members of the board, by causing a written or printed notice signed by the president or by the members calling the same, as the case may be, to be served personally on each member, or left at his last place of residence, at least twenty-four hours before the hour of such special meeting. Such notice shall specify the object of such special meeting, the action of which shall be limited to the object so specified. The said board shall hold its meetings in the rooms in the city hall assigned to its use by the authorities having the legal custody Quorum, thereof. Except as otherwise provided, a majority of the members of said board shall constitute a quorum for the transaction of business, and a majority of the members present shall be sufficient to carry any measure or decide any question before them, except in case of any resolution or contract appropriating money or involving the appropriation of money for any purpose, and in case of the election of any officer of the board, the appointment of a superintendent of schools, a clerk of the board, or of a change of text- books, when it shall require in each case the affirma- tive vote of at least three members. Said board of custody education shall have the custody of the school Shooi libra- libraries in said city and all provisions of law, now or ries. . • . hereafter in force, relative to school district libraries, Title VI.] Revised Charter. 73 shall apply to said board in the same manner as if its members were trustees of a school district comprising said city. It shall also be vested with the same dis- cretion as to the disposition of the moneys appro- priated by law for the purchase of libraries which is herein conferred on the inhabitants of school districts. The books of the common school library in said city shall remain subject to the control of said board which shall make, subject to the provisions of law, all necessary regulations respecting the management and use thereof. (As amended by § 2, Chapter 298, Laws of 1901.) Note :-Concerningr common school, district and other public libraries, see Title XIII, of the consolidated school law, (Chapter 550, Laws of 1894). As to the distributions of state library moneys by the superintendent of public instruction, see §§ 5 and 7 of Art. I, Title II, of the consolidated school law. Concerning public and free libraries, see §§ 35-51 of the university law (Chanter 378, Laws of 1892). ' P § 3. At the first meeting of said commissoners, President which shall be held within ten days after their b ° ard appointment, and thereafter, at the annual meeting in January in each year, and as often as death, resigna- tion or inability to act shall render necessary, they shall elect one of their number president of said " board, who, after said first term, shall hold office for one year and until his successor shall be elected, and whenever he shall be absent, a president pro tempore may be appointed. He shall preside at all meetings, exercise all powers usual to such office and be entitled to vote as other members. The board, at the same meeting, or as soon thereafter as practicable, shall appoint a suitable person as clerk of the board. Acierkof certificate of such appointment, under the hand of the pointment president, shall be forthwith filed with the city clerk. anddmies ' The clerk so appointed shall hold his office at the pleasure of the board, and shall also be librarian of the library in charge of said board ; and, as such clerk and librarian, shall perform all the duties which are, or may be, required by the general school laws and 74 Laws of the City of Coiioes. [Title VI. board of education. As librarian be shall be present at the school or city* library every day in the year, Sundays and holidays excepted, at such times and such hours, not less than four in each day, as the board of education may prescribe. As clerk of the board of education, he shall keep a record of the proceedings of the board and shall prepare the same for publication. The said record, or a transcript thereof certified by the president and clerk, shall be received in all courts of justice as evidence of the facts therein set forth; and such records and all books of account, vouchers and papers of said board shall be at all times subject to the inspection of the members of said board or of the common council of the city of Cohoes, or any com- mittee thereof. As clerk he shall make out and sub- mit to the board, at its stated meeting iu each month, a tabulated abstract of the reports of the teachers for the preceding month. Under the supervision and direction of the superintendent of schools, he shall keep the accounts of the board in such manner as shall show, at any time, the exact state of such accounts, the balance to the credit of each fund, the expenses of each school and the cost of maintaining the schools in each building, showing the amount paid for teachers' wages, for general contingent expenses, including the cost of heating, repairing, supplies and also the amount paid out for permanent improvements, specify- ing the place where such improvements have been made. He shall act as clerk of the several committees of the board, when requested by the chairman of any such committee, and shall perform all other duties required by said board. Said clerk and librarian shall salary receive for all his services such annual salary as the of clerk. ^ board of education may determine not exceeding the sum of eight hundred dollars. (As amended by § 3, Chapter 298, Laws of 1901.) and term of office. Title VI.] Revised Charter. 75 § 4. Said board shall, during the month of June, in superin- , . • _ . tendenLof the year nineteen hundred and one, and in the same^J- month of each fourth year thereafter, appoint a super- intendent of schools of said city, whose term of office shall commence on the first day of July in the year of his appointment, and shall continue until the first day of July in the fourth year thereafter, and until the appointment and qualification of his successor. In case of vacancy in said office of superintendent of ^ n6y in schools, the same shall be filled by appointment, in the ° ^ same manner, within one month after its occurrence, of a superintendent for the unexpired term, who shall enter upon his duties forthwith. The superintendent of schools shall receive a salary not to exceed two Salar y thousand dollars annually, payable monthly out of the moneys or funds apportioned to said board of education, legally applicable thereto. Before any appointment of a superintendent of schools shall take Certificate effect for any purpose, a certificate in writing of such ment. appointment, signed by a majority of the members of the board of education, then legally in office, shall be made and filed in the office of the clerk of the city of Cohoes, and the superintendent appointed shall duly take and file in the office of said clerk, the constitu- tional oath of office. ( As substituted for former section by § 5, Chap. 298, . Laws of 1901, which chapter repealed original section.) § 5. No person shall be eligible for appointment toSS the office of superintendent of schools of said city £sfo7 te ° n ' unless, within fifteen years immediately preceding his schools - appointment, he shall have had at least five years' experience as teacher, either in the free common schools of the state of New York, or elsewhere in free common schools of equal grade and requirements, or has acted as superintendent, or principal of such schools, or taught for a like period in a college ; nor unless of mature age, of good mental and bodily health. tendent. 76 Laws of the City of Cohoes. [Title VI. fu e per°iL alof ancl of unblemished character and reputation. No person elected superintendent of schools of the city of Cohoes shall be removed from his office except for cause, upon written charges and specifications thereof, served upon him, and after due trial before the said board of education, and conviction. On such trial, counsel shall be allowed such superintendent without expense to the city of Cohoes, and the city attorney shall attend and act for the said board, if desired. It shall be necessary that three in number of the members of the board of education of the city of Cohoes, then duly and legally in office, shall concur in voting for the removal of said superintendent before removal can be had, and after such trial and conviction. (As substituted for former section by § 7, Chap. 298, Laws of 1901, which chapter repealed the original section.) § 6. The said board of education shall have power, and it shall be its duty, ui>on the recommendation of the superintendent of schools, to fix and determine the different grades of study which shall be taught in the various departments of the several schools under its charge, and upon the like recommendation, to change the same whenever so to do will promote the best Rules and interests of the schools: and also to adopt such rules regulations. and regulations for the administration and government of the schools, and for the admission of pupils to the various departments therein, as it shall determine, with authority at any time to alter and amend the same as it may deem advisable. Note :— As to instruction in common schools in physiology and hygiene, see Art. VI, Title XV, of the consolidated school law; in drawing. Art. VII, id.; in vocal music, Art. VIII, id.; in industrial training, Art. X, id. ; and as to kindergarten work see Art. IX, id. (As amended by § 8, Chapter 298, Laws of 1901.) Examina- 8 7. The said board of education shall have power tions of ° teachers, examine all applicants for appointment by it as teachers in any of the schools under its charge ; and no Grade of study, fix Title VI.] Revised Charter. 77 person shall be appointed or employed as a teacher in any of the said schools (except in cases of emergency, when a teacher maybe temporarily employed) unless the superintendent of schools shall, after such exami- nation, recommend such person as well qualified to discharge the duties of teacher; and shall give to such person a certificate of qualification which shall be certificate -, of qualifica- signed on .behalf of the board by the president and tion clerk thereof. (As amended by § 9, Chapter 298, Laws of 1901.) § 8. For the purpose of carrying out the provisions superinten- of the last preceeding section of this title, the board committee may authorize the superintendent of schools or appoint Sc.f app!P- e 11 cants. a committee from its body at any time, to examine applicants for appointment as teachers, and to re- examine any or all of the teachers in the employ of the board at such times as the board may deem advisable ; and the results of such examinations shall be reported *«p°J o£ by the superintendent or committee to the board for final action, with such recommendations as the com- mittee may deem advisable. § 9. Said superintendent of schools shall have ex- powers and elusive charge of all the teachers employed in the s^perimL- common schools of the city of Cohoes, and shall have schools, as -, . to selection exclusive power and authority to select, nominate, etc - of . *> 1 ' teachers. dismiss, transfer, discharge, suspend, fine, grade, regrade and control all of said teachers, and, in his discretion, do any and all such matters and things in and about the force and personnel of the teachers in the common schools of said city as, in his judgment, will tend to improve the efficiency of said schools and the teachers employed therein, and as will be for the benefit and welfare of the pupils in attendance at such schools. It shall be the duty of said superintendent, however, in so far as is practicable, in his selection sei and nomination of teachers, to select and nominate the same solely with regard to and upon, individual merit. Section and nomi nation of 78 Laws of the City of Cohoes. [Title YI. and all other things being equal, to give preference, in such selection and nomination, to citizens of the . of le teach?rs cit ^ v of Cohoes. Only such number of teachers as may * for^empioy-be fixed and determined by the board of education shall be legally selected or nominated by said superin- tendent. Only such teachers as are qualified under the rules and regulations prescribed and contained in the consolidated school law of the state ot New York, or prescribed by the superintendent of public instruction of said state, for governing the examination and licens- ing and qualification of teachers, shall hereafter be eligible to selection, nomination and employment in the common schools of the city of Cohoes : provided, however, that any teacher now employed in the public schools of said city shall be eligible for such appoint- tenS'to ment and employment, and the superintendent shall perlonf of P re P are an d at all times keep a list of all persons so as eligible, above eligible to selection, nomination and employ- ment, and selection and nomination shall be made by him from the names upon said list ; and the person or persons selected and nominated shall forthwith be by said board of education employed as a teacher or supennten- teachers in the common schools of said city. Should dent to ap- ■ " pointif S aid board of education fail, neglect or refuse to board tails, ° employ the teacher or teachers so selected and nomi- nated by said superintendent, for the space of ten days after said selection and nomination, in writing, shall be filed with said board, then and in that event, and on the expiration of said period of ten days, such written selection and nomination shall, in all things and to all intents and purposes, be equivalent to the employment by the said board of education of such teacher or teachers so selected and nominated. All Term of selections and nominations to and for employment as ment. aforesaid, hereafter made by said superintendent to the board of education, and employment thereunder, shall, in the first instance, be made for the term of not exceeding one year, and if, at the end of such term, it nnual estimate for pur- poses. Title VI.] Revised Charter. 79 is found by said superintendent that any teacher or teachers thus nominated, selected or employed, has answered all necessary requirements respecting effi- ciency and capability to his satisfaction, then said superintendent may reselecj^and renominate said teacher or teachers for ejn^loyment by the board of education to serve during the pleasure of the superin- tendent. The present system of text or school books, Change of . , '- / . \ _ ' text-books. now m use m the C0mmon schools of the city of Cohoes, shall not be daauged or new text or school books introducecV^except upon the recommendation and ^consenTof the superintendent of schools of said city. (As amended by § 10, Chapter 298, Laws of 1901 .) Note .-—Concerning- (he issuing and annulment of teachers' certificates by the state superintendent of public instruction, see §§ 10-12 of the consolidated school law. § 10. The said board of education shall annually, A on or before the first day of May, submit to the pom-lfcS mon council of said city an itemized estimate and requisition of and for the several amounts required by it for the various matters, funds and purposes, as herein provided, connected with the maintenance of the common schools of said city. Such estimate shall be prepared with the aid of the superintendent of schools. Said common council, at its next regular Action of meeting after the receipt thereof, shall consider such cS n estimate and requisition, and, so far as it deems it fair and reasonable, shall approve and allow the same, and shall thereupon cause notice of its approval and of 'the extent of its allowance of said estimate and requi- sition to be served upon said board of education, and Entry to the clerk of said board shall, upon receipt of such ^r d kof by . , x board. notice, make an entry of said allowance upon the financial books of said board, showing the total amount thereof and, as far as practical, the amount of the several items. Said entry shall be afterwards fol- lowed by a detailed statement of the apportionment made by the board of education, as in section twelve of this title provided, of the said amount granted for 80 Laws of the City of Coiioes. [Title VI. its use by the common council. But said common council, notwithstanding the foregoing provisions of Sfpower 011 tnis section, shall have no power to limit said board of c£uncSTo 0n education, in any year, to less, for the maintenance of imit un s. t | le common sc h 00 i s? than thirty per centum of all moneys raised for municipal purposes by general tax, providing said board make requisition for that amount. (As amended by § 11, Chapter 298, Laws of 1901.) L e dst b a°- okt; § 11 - 8a *^ ^ oar( ^ shall have power at all times, tionery. upon recommendation of the superintendent of schools, to determine, subject to the provisions of the law relative to changes of text-books in schools, the text- books which shall be used in the several departments of the public schools, and which shall be uniform, as near as may be, in those of the same grade ; to supply the requisite text-books and stationery for the use of indigent pupils ; to provide the several schools under its charge with the necessary school apparatus, maps, et cetera, the expenses thereof to be defrayed out of the school moneys of the city ; and, generally, to possess all the powers, discharge all the duties, and be subject to all the obligations conferred and imposed upon the board of education of the city of Cohoes, except as herein, or b}^ law, otherwise provided. The Freemi- tuition of the pupils of the several schools under the tion. ^ ± charge of the board shall be free to all persons between the ages of five and twenty- one years, who are residents of said city and entitled to attend the said schools. (As amended by § 12, Chapter 298, Laws of 1901.) Note : — For the provisions of law relative to changes of text-books, see Art. II, Title XV, of the consolidated school law, Annual ap- § 12. It shall be the duty of the chamberlain to propnation ° for schools, annually set apart, as soon as the same is collected, for the use of common schools, twenty five per centum of all moneys raised by the common council, in each Title VI ] Revised Charter. year, except such as may be raised for extraor- dinary or special objects or local improvements. In addition to the amount required to be set apart, as aforesaid, the common council shall have power and it shall be its duty to raise annually by tax, to be levied Annual tJ in the same manner as ordinary city taxes, upon all real and personal estate in said city, liable to taxation for ordinary city taxes, such sum, in excess of said twenty-five per centum, as shall be required by said board of education as shown by its estimate and requi- sition submitted to the common council, as provided in section ten of this title. The common council ig Loans in hereby authorized to borrow, from time to time, upon its credit, in anticipation of the moneys hereby author- ized to be raised, or of the receipt of the state moneys, such amount as shall be certified to it by resolution of the board of education to be necessary for the use of said schools, subject to the provisions and limitations of this title. The interest or discount paid in effect- ing such loan, or loans, shall be paid by the board of education as one of the contingent expenses of said schools. Such uncollected moneys, after their collec- tion, with any interest that may be received thereon, shall be paid to the chamberlain and placed to the credit of the city of Cohoes and shall be subject to the orders of the common council. On receipt of due notice from the common council of the amount granted by said common council to said board of education, upon its requisition, for the maintenance of common schools, said board shall apportion, according to the Appomo various items, matters and purposes mentioned in its Ss° f said estimate and requisition, the amount to which it shall be entitled to the credit of the funds hereinafter stated and give notice, in writing, "to the chamberlain of such apportionment. The chamberlain shall deposit all moneys received for the use of said board in the funds to which, by said apportionment, they are credited; and no moneys shall, upon any pretext 82 Laws of the City of Cohoes. [TitJe VI. t^rafve n r°t' wll ^tever, be diverted, either by the board of educa- funds, tion or the chamberlain, from one fund to another, after the said appointment* has been made, provided, however, that the mayor and chamberlain, by joint consent thereto, in writing, may transfer any available surplus from any one of said funds to another, upon request of the board of education, by resolution duly passed, showing, to the satisfaction of the mayor and chamberlain, the necessity of such transfer. All warrants drawn on said moneys shall specify the respective funds from which the same are payable. funTdesU- A11 raone ys apportioned and set aside for the use of nated. common schools shall be placed by said board to the credit of funds for the following uses and purposes : 1. Purchasing or leasing lots and sites for school- houses and hiring schoolrooms and schoolhouses. 2. Building, enlarging, altering, improving and repairing schoolhouses and their outhouses and appur- tenances, and improving sites thereof. 3. Purchasing fuel, stoves and heaters, and repair- ing stoves and heaters. 4. Paying the wages of teachers legally selected, nominated, appointed and employed, under the pro- visions of this title, after the application of public -moneys which may by law be apportioned and provided for that purpose. 5. Paying contingent expenses, including the pur- chase exchange, improvement and repair of school apparatus, books, furniture and appendages, includ- ing the salary of the superintendent of schools, and the clerk of said board of education and janitors' wages. But the power herein granted shall not be deemed to authorize the furnishing with text-books any scholar whose parents or guardians shall be able to furnish the same. (As amended by § 13, Chapter 298, Laws of 1901.) *So in the original. Title VI.] Revised Charter. 83 § 13: Whenever the moneys appropriated for the Moneys use of the common schools shall be apportioned and ^S^ed t • , -, . -*^ J - from the accredited to specific funds, as herein required, theySf shall not be applied to any other fund or purpose what- ever during the then current year, but shall be used solely and exclusively for the purposes so designated. Note :-But see the provisions of the last preceding section, for exception, and C 17 of the amending Chapter 298, Laws of 1901, repealing inconsistent provi sions. § 14. The said board of education shall have power, General and it shall be its duty : SSSSS/S? 1. To establish and organize such and so many oozing schools, including the common schools now existing"" 001 " therein, as it shall deem requisite or expedient and to alter or discontinue the same. 2. To purchase sites for and to build or to lease or Purchase of contract for the occupation and use of school-houses or s " ' rooms, and to improve the same as it shall deem proper. Note :-A s to powers, under general statute of boards of education in cities having not more than 30,000 inhabitants to acquire land for sites, see § 3, Title X of the con- solidated school law. 3. To alter, improve and repair school houses and Repai appurtenances as it may deem advisable ; but no such alterations, improvements or repairs shall be upon any building, outhouse or appurtenances, unless the same shall be owned by the city of Cohoes, or duly leased by the said board of education for a term of not less than three years. 4. To purchase, exchange, improve and repair school Purchase ot apparatus, books for indigent pupils, furniture and? a t ap - appendages, and to defray their ordinary contingent expenses. 5. To have the custody and safe-keeping of the Preserva school-houses, outhouses, books and furniture, and to see that the ordinances of the said board in relation eny ' thereto be observed. 6. To contract with, license and employ all teachers Emplov _ in said schools and to remove them ment of * teachers. ir of school- houses. 84 Laws of the City of Cohoes. [Title VI. payment of 7. To pay the wa^es of such teachers out of the teachers . J. J o wages. moneys appropriated and provided by law for the support of schools in said city so far as the same shall be sufficient; and the residue thereof from the moneys authorized to be raised for that purpose by the provis- ions of this act. e X °p e n"iJ nt 8. To defray the necessary contingent expenses of said board, including the annual salaries of the clerk and the superintendent of the schools. superin- 9. To have in all respects the superintendence, schools. supervision and management of the public schools in said city, and from time to time to adopt, alter, modify and repeal as it deem expedient, rules and regulations for their organization, government and instruction ; for the reception of pupils, and their transfer from one school to another, and generally for the jjromotion of their good order, prosperity and public utility. sale of 10. Whenever, in the opinion of the said board, it school prop- erty may be advisable to sell any of the school-houses, lots or sites, or any of the school property now or here- after belonging to the city, to report the same to the common council. sm p e 0r sup 0 er- H- Between the twenty fifth day of July and the mtendent. t j me £ xec L therefor by the state superintendent of public instruction in each year, to make and transmit to said state superintendent a report in writing, bear- ing date the twenty-sixth day of July in the year of its transmission, which report shall be in all respects as is required by law of trustees of school districts, and , deposit and file the same as required by law. The city of Cohoes shall not be included in any commissioner's district heretofore created or authorized to be created or formed by the board of supervisors. s^wprop 6 - § 15. The title of the school-houses, sites, lots, cuy o" Co- furniture, books, apparatus and appurtenances, and hoes, etc. all other school property in this title mentioned shall be vested in the city of Cohoes, and the same while Title VI.] Revised Charter, 85 used or appropriated for school purposes shall, not be levied upon or sold by virtue of any warrant or execu- tion, nor be subject to taxation for any purpose what- ever ; and the said city, in its corporate capacity, shall be able to take, hold and dispose of any real or per- sonal estate transferred to it by gift, grant, bequest or devise; for the use of the public schools of the said city, whether the same shall be transferred in terms to said city by its proper style or any other designa- tion, or to any person or persons or body for the use of said schools. Note :— Concerning trusts of real and personal property for the benefit of common school, see also Art. II, Title II of the consolidated school law. § 16. The common council of said city may, upon common the recommendation of the board of education, sell sen school property on any of the school-houses, lots or sites, or anv other the r , ec ? m - " ' . mendation school property now or hereafter belonging to said£ f o ^ city, upon such terms as the said board of education may deem reasonable. The proceeds of all such sales shall be paid to the chamberlain of the city, and shall be by the said board of education again expended in the construction, repairs or improvements of other school-houses, lots, sites or school furniture apparatus or appurtenances. i § 17. The said board of education shall have the Powerof board to power, and it shall be its duty, to pass such ordinances P^ceT^tc and regulations as may be necessary and proper for its protection, safe-keeping, care and preservation of the school-houses, lots, sites, appurtenances and append- ages, and all necessary property belonging to or con- nected with the schools in said city and to prevent wilful interruptions or disturbance of the sessions thereof ; and to impose proper penalties for the viola- tion thereof, subject to the restrictions and limitations contained in the existing laws relative to said city, and all such penalties shall be collected in the same manner that the penalties for the violation of the city ordinances are by law collected, and when collected 86 Laws of the City of Cohoes. [Title VI. shall be paid to the chamberlain of the said city and be subject to the order of the board of education in the same manner as other moneys raised pursuant to the provisions of this title. fo^eporfto § 18 - xt s]la11 be the duty of the president of the cou™" board of education within thirty days, and not less than fifteen days, before the annual election in each year, to make a report to the common council, show- ing : £srepor S t. of 1 - Tile num ber of children between the ages of five and twenty -one years residing in said city on the thir- tieth day of J une next preceding said report, and the number of scholars between the ages of five and twenty - one years residing in said city, who have attended the free schools therein during the preceding year, and the number attending each school including the evening schools. 2. The number of scholars not residing in said city but who have attended the common schools therein during the same time. 3. The amount of public moneys received by the city chamberlain applicable to teachers' wages, and the amount applicable to school libraries. 4. The amount of moneys appropriated or set apart by the common council for the use of said schools as required by the provisions of this title, and the portions thereof appropriated to the respective funds. 5. The moneys received from the sale of city property. 6. All other sums received by the chamberlain and appropriated to the purposes of common schools. 7. The manner and purposes for which such sums of money shall have been expended, specifying the amount paid under each head of expenditure and the amount remaining unexpended, if any, in each fund respect- ively. Title VI.] Revised Charter. 87 § 19. All moneys raised by virtue of this title, which school moh- ^ ' eys, how to the board of education is authorized to expend, shall ^ expend " be deposited with the chamberlain of the city to the credit of the respective funds under the control of the board of education as provided by law, and shall be drawn out in pursuance of a resolution of said board by drafts drawn by the president and countersigned by the clerk of said board, payable to the order of the person or persons entitled to receive such moneys, and accompanied by the affidavit of the claimant, or some one in his behalf, to the correctness thereof, in the same manner required by the provisions of this act in the case of accounts audited and allowed by the com- mon council. No part of said school funds shall be Funds not borrowed or transferred by the city or its officers in to h 1 any manner whatever, but shall remain in the treasury solely and exclusively for school purposes. Said board f^^j: of education, in all its expenditures and contracts, shall c . onl 1 ami have reference to the amount of moneys which shall be subject to its order for any specific object during the then current year, and shall not exceed the amount so provided. In case any debt shall be incurred or con- tract made by said board of education, or any members thereof, which shall require the expenditure of a greater sum than shall have been provided or appro- priated for the use of the public schools, the city shall not be liable for the same, but the members of the board of education voting therefor, or either of them, shall be personally liable therefor to the party entitled to payment. § 20. The said board shall have power to allow the Non resi- children of persons not residents within the city to PUpi!s attend any of the schools of said city under the care and control of said board upon such terms as the board shall by resolution prescribe. § 21. It shall be the duty of each school comm is- school com- sioner to visit all the public schools under the direction visit schools rowed or transferred. tures and tracts ted to amount of appropria- 88 Laws of the City of Cohoes. [Title VI. of the board, at least once in each year, and the said board shall also provide that each of said schools shall be visited by a committee of three or more members of the board at least twice in each year. Basis for 8 22. For the purpose of distribution of any money, distribution ° x . „ _ moneyl now or nerea * te r appropriated by the state, tor the support of common schools, in which the city of Cohoes or the schools therein shall be entitled to a share, there shall be constituted and shall be as many school districts as there have been employed in said city duly qualified teachers who and the successors of whom, shall have taught in the common schools therein for a period during the preceding year of twenty-eight weeks of five school days each, including the holidays allowed by law, and the attendance of a teacher upon a teachers' institute within the county. Every evening school taught by a qualified teacher for a period of five months shall be considered as, and shall be a . district. Note :— Concerning- the appropriation and distribution of state school moneys by the superintendent of public instruction, see Art. I, of Title II, of the consolidated school law. Money for s 23. It shall be the duty of the common council, for extraor- ° . dj^ary pur- U p 0n the recommendation of the board of education, to take all necessary proceedings in the manner pro- vided by this act, for the raising of money for extra- ordinary or special purposes, to raise money to build or purchase school-houses and to purchase and im- prove lots or sites therefor. The money so raised, in case it shall be voted by the taxpayers, as provided by this act, shall be paid to and kept by the cham- berlain of the city distinct from other money, and shall be controlled and appropriated by the board of edu- cation exclusively to the object or objects for which it shall be raised ; and no such money shall be appro- priated or expended except by resolution of said board. Title VI.] Revised Charter. 89 § 24. No member of said board of education shall Members not to re- receive any pecuniary compensation for his services as^^nT such member ; nor shall any member or officer of the pensation or be inter- board participate in the profits arising from any trans - contracts action or contract entered into by the board or anybo£d the member thereof as such, or be interested therein in any matter whatever. Any person violating any provision of this section shall be deemed guilty of a misdemeanor. Bids to be received for ma- § 25. Every contract for work, materials and sup- plies; or either of them, to be performed or furnished for the benefit and use of said board of education ™il^°s , ' when. where the value of such work, materials and supplies, ' or either of them, shall exceed, in any contract, the sum of twenty-five dollars, shall be awarded, by said board to the lowest bidder therefor who shall provide satisfactory security for the faithful performance of his duty under such contract. Whenever it shall be necessary for said board of education to receive bids under the provisions of this section, it shall give reasonable public notice, stating the nature of the work, materials and supplies, or either of them required, and specifying the time and place at which such bids will be received by it and the security required, which shall accompany each bid, but said board of education shall reserve the right to reject any and all bids ; presented pursuant to this section, when public interest so requires. This section shall not ? apply to contracts for services of teachers or of the ' superintendent or clerk of said board of education. Note : -As to terms of office of the superintendent of schools and of certain other officers and employees of the board of education prior to passage of Chapter 298 Laws of 1901, see § 16 of that chapter. As.to the vaccination of school children, see § 200 of the public health law (Chapter 661, Laws of 1893). As to observance of Arbor day, see Art. XV, of Title XV, of the consolidated school law. As to the compulsory education of children, arre sts of truants, truant schools etc see Title XVI of the consolidated school law. Section lim- 90 Laws of the City of Cohoes. [Title VII. TITLE VII. POLICE GOVERNMENT. Board of police com missioners, how composed. Organiza- tion. Police pow- Section 1. The powers and duties connected with ers and ~ 1 vested. how an d incident to the police government of the city of Cohoes shall, as hereinafter more especially provided, be vested in, and exercised by a board of police com- missioners, a police force, a station-house keeper and a surgeon of police. § 2. The board of police commissioners. — The said board of police commissioners shall consist of the mayor for the time being of said city and of two police commissioners, elected as herein provided. Said board shall have control of the station-houses, police officers and all property within said city, and now under the control of the board of police commissioners of said city. § 3. Upon the election and qualification in each alternate year as in this act provided, of a police com- missioner, the members of said board shall meet at the office of the mayor and organize as such board of police commissioners, and shall appoint one of their number, other than the mayor, to be secretary of their board. Said board of police commissioners shall hold stated meetings, at least once in each month, at a place desig- nated and provided by them for that purpose. Any two members of said board shall contitute a quorum thereof for the transaction of business, and such quo- rum may exercise all the powers herein conferred upon Mayor to be said board. The mayor for the time being of said chairman. 0 - ty s hall be, ex-officio, the chairman of said board; but in case of his absence from the city, or his inability from any cause to attend any meeting of said board, the other members thereof may appoint one of their number chairman pro tempore, of such meeting. The secretary of the board shall keep a record of its pro- ceedings, and shall have the custody of all books and Stated meetin Quorum. Duties of secretary I Title VII.] Revised Charter. 91 papers belonging to said board . Said books and papers shall, at all times be open to the inspection of each member of said board. §4. The said board shall provide snch offices and offices, etc. business accommodations within any station-house as it shall deem requisite for holding its meetings and for the transaction of its own business, and that of its subordinate officers. The said board may, from time to time, establish station-houses, at least one for each^atjon- precinct, for accommodating thereat the members of the police force, and as temporary places of detention for persons arrested and property taken within the precinct. It shall be the duty of the common council, upon the request of said board, to provide all neces- sary station-houses and accommodations for the use of said board, and, as often as necessary, to put such station-house in due repair ; and in case of the neglect of the common council for thirty days thereafter to provide such station-house and accommodations, and make such repairs or either, then said board may make provision therefor, whether by contracts of hiring or repairing proper premises, and the expenses thereof shall be a proper charge against said city of Cohoes. §_5. The said board, in furtherance of the pol ICe Powers and i i> • t t ,» • duties of government ol said city, and lor promoting and per- board - fecting the police discipline of subordinates, and of the members of said police force, are empowered to enact, and from time to time modify and repeal by-laws, By-laws, ordinances, rules and regulations wherein in addition, to such other provisions as said board may deem expedient, there shall be particularly defined, enume- rated and distributed, the powers and duties of the powers and captain of the police'force, and of all other members ? f p 011 '^ " x " 7 force to be of said police force ; and wherein shall be specified the P rescribed - mode of appointment to and removal from office of all members of said police force, and the manner of 92 Laws of the City or Cohoes. [Title YI1. discipline of the members thereof ; provided that such by laws, ordinances, rules and regulations shall not conflict with the provisions of this act or with the laws or constitution of this state or of the United States. May issue g 6. The said board shall have power to issue sub- subpoenas. 7 1 poems,, tested* in the name of its chairman, to compel the attendance of witnesses upon any proceeding authorized by its rules and regulations. Each police commissioner, and the captain of police, is hereby to admin- authorized and empowered, to administer oaths and ister oaths. affirmations to any person appearing m any matter or proceeding authorized as aforesaid, and to take any deposition necessary to be made under the rules and regulations of the said board for the purposes embraced in this title;. and any willful and corrupt false swear- ing by any witness or person to any material fact in any necessary proceeding, under said rules and regu- lations, shall be deemed perjury, and be punished in the manner now prescribed by law for that offense ; compelling and, in case any person subpoenaed, under this section witnesses to testify shall fail or refuse to obey such subpoena, or refuse to take when required the proper oath or affirmation, or to answer any proper question, upon the presentation of satisfactory proof of the same to a justice of the supreme court or the Albany county judge, it shall be the duty of the justice or judge to whom such presen- tation shall have been made to issue an order, return- able before him at any early day, requiring the person so failing or refusing to show cause why an attach- ment should not issue against him ; and to adopt such other and further measures to compel the person to appear and testify, and to punish disobedience as if the matter was legally pending in the supreme court or the county court of said county. Note :— In connection with the provisions of this section, see §§ 843 and 854 ff. of the Code of Civil Procedure. *So in the original. witnesses. audit Title VII.] Revised Charter. . 93 § 7. The said board is authorized, from time to time, Accommo- dations for to contract for and provide suitable accommodations within said, city for the detention of witnesses who are unable to furnish security for their appearance in criminal proceedings, and such accommodations shall be in premises other than those used for the confine- ment of persons charged with crime, fraud or disor- derly conduct; and it shall be the duty of all magis- trates, in committing witnesses, to have regard to the rules and regulations of said board in respect to their detention. Said board of police commissioners shall J° ims have power and authority to audit all claims arising on contracts made by it and which it is authorized by this title to make. All such claims shall be verified by Claims, how the claimants, audited by said board and paid by the chamberlain, on the order of the persons entitled thereto, upon the drafts of said board in the same manner as in the case of claims audited and allowed by the common council. § 8. It shall be the duty of said board to detail, on Duty of the day of any election in said city of Cohoes, at least elections, two patrolmen to each election poll ; and to provide ballot-boxes for use at any and all such elections, and to provide for the custody of said boxes at all times, except during the taking, receiving and counting of the votes. § 9. It shall be the duty of said board to see that Duty as to arrange- the arrangements for voting within said city are such ^J* 01 * as to prevent any immoderate crowding of voters at each poll, and that the challengers of all parties have fair and equal room, rights and privileges for the dis- charge of their duties at each poll ; and that the can- vassing of the votes be conducted in an orderly and fair manner ; and no other person or officer shall have power to interfere with said board in the discharge of the duties imposed on it by this section. 94 Laws of the City of Cohofs. [Title VII. complaint § 10. The said board shall cause to be kept general and record x ° keptt>y° be com pl arn t books, in which shall be entered any corn- board, plaint of a jrablic nature, preferred upon a personal knowledge of the circumstances thereof, with the name and residence of the complainant ; they shall also cause to be kept books of registration of lost, missing and stolen property, for the general convenience of the public, and for the information of said police force. The said board shall cause to be kept books of record of said police department, wherein shall be entered the name of every member of said police force, with the time and place of his nativity, the place where and the time when (if born out of the United States) he became a citizen of the United States ; his age upon becoming such member, and his former occupation, the number of his family, and the residence thereof, and the date of his appointment, and of his resignation of, or withdrawal or dismissal from said force, with the cause of the latter ; and against all such entries suffi- cient space shall be left wherein to make record of any special arrests made, from time to time, by such. Meritorious member, or of any special service, deemed meritorious service to 7 ^ x 7 be noted, foy the board, done by him and of all fines imposed upon such member or provided in section twenty of this title. Such books shall be, at all business hours and when not in actual use, open to public inspection. The said board shall also cause to be kept and bound all police returns and reports from any member of said force, and all minutes of the proceedings of said board ; which returns, reports and minutes, shall be open for public inspection only in the discretion of said board. To enforce §11. Said board shall at all times cause the ordi city ordin- u ances. nances of the city of Cohoes, not in conflict with the provisions of this act, to be properly enforced ; and it shall be the duty of said board at all times, when con- sistent with its rules and regulations and with the requirements of this act, to furnish all information desired. Title YIL] Revised Charter. 95 § 12. The said board shall have charge of the iail J 30 ^ 0 0 <> have charge in said city which shall be provided by the common ofjail - council thereof. The station-house keeper shall, under appointment by said board, be the jailer of said jailer, jail and shall hold his office during the pleasure of ment, duties said board. In full compensation for all services 6 °" ° L herein required of said jailer, he shall be paid in monthly payments, upon the warrant of said board, from the jail fund hereinafter mentioned, a salary at the rate of one thousand dollars per annum. The said jailer shall, under the direction and supervision of said board, have the care and custody of said jail and of the prisoners confined therein; he shall, at all times, keep said jail renovated and in clean, healthful and proper condition, and shall prepare all necessary and proper food and feed and otherwise care for said prisoners. It shall be the duty of said jailer to present Presenta- to the said board of police commissioners, at each itemized statements. regular monthly meeting thereof, an itemized state- ment of the number of prisoners fed by him and of the total number of meals furnished to the same each day during the month preceding the date of said report, or since the date of the last report, together with an itemized statement of the kind and amount of food and supplies furnished for the use of said jail and of the prisoners confined therein each day during the said month or period and by whom furnished. At each said regular meeting, said jailer shall also present to said board a statement which shall contain the full name of every prisoner confined therein during the month previous to the presentation thereof, or since the presentation of the last preceding statement ; the day of the week and the month and the hour of the day when each prisoner was received at the jail ; the name of the committing magistrate or court ; for what offense committed; the day of the week and month and the hour of his or her discharge or removal from said jail ; and by what authority so discharged 96 Laws of the City of Co hoes. [Title VII. or removed. The matters and facts contained in said last mentioned statement shall be kept transcribed by said jailer in a book to be kept by him under the direction of said board, which shall be known as the ' 'jailer's docket/' and which shall be open to public inspection. The said jailer shall perform such other verification duties as may be required of him by said board. Such menS e " itemized statements shall each be verified by the jailer, and the verification of either thereof by said jailer, knowing it to contain false or fraudulent items or statements, or knowing of the omission therefrom of items or statements which should properly appear therein shall be and constitute the crime of perjury, presents- All accounts for the furnishing of materials, supplies tion of £ accounts. an( q f ooc i ? and for every charge and expense ot main- taining said jail, shall be presented to said board, itemized and verified in the manner prescribed in section one, of title twelve of this chapter, for the not to be presentation of claims to the common council. The interested. ^ all nQt be ^j rec tly or indirectly interested in any such account or in any contract for the furnishing co°nTr e a r ct to of such materials, food or other supplies. The said f or supplies. board Q | police commissioners shall have power when- ever it shall deem such course expedient and for the best interest of the public, to cause all, or any part of, such materials, food, or other supplies, in such quan- tities as may be required by said jailer, to be furnished by contract, or contracts, to be let to the lowest bidder or bidders therefor. The provisions of section nine of title eleven of this act shall govern the letting of every such contract, so far as said provisions are applicable payment by hereto. There shall be paid by the county treasurer m5nten° r G f the county of Albany, to the chamberlain of the anceof jail. ^ _ _ , . . -. . city of Cohoes, on the first day of March, eighteen hundred and ninety-six (or as soon as practicable after the passage of this act), for said year, and on the first day of March in each year thereafter, the sum of three thousand dollars, which shall be credited by said Title VII. ] Revised Charter. 97 chamberlain to the funds in his hands to be known as the "Cohoes Jail Fund." Said sum shall be in full for every charge and expense of maintaining and running the jail in the city of Cohoes, and for the custody thereof and of the prisoners confined therein and of feeding and otherwise taking care of said prisoners. Said board of police commissioners shall Audit and "I • 1 ' _ payment of audit every account for such charge and expense, and accounts - the same shall be paid upon the warrant of said board, by the said chamberlain, from the said fund, design- ated the "Cohoes Jail Fund," to the person or persons entitled thereto. Any portion of said fund not expended pursuant to the provisions of this section, in any one year, shall be appropriated to such purposes as the said board of police commissioners may direct. The supervisors of the county of Albany shall not audit any claim or charge presented against said county by reason of the existence, care or maintenance of a jail in the city of Cohoes, or of the care, custody and maintenance of any person or persons confined therein, arising after the first day of January, eighteen hundred and ninety-six, except the salary of the physician thereof, which shall be and remain a county charge. (As amended by § 3, Chapter 275, Laws of 1896.) NoTE:-Concerning the duties of the board in respect to unsafe scaffolding etc see §19, of the Labor Law (Chapter 415, Laws of 1897), as amended by Chapter 192, Laws oi ioyy. § 13. The police force.— The police force of said Police city shall be styled "the police force of the city of f ° rCe ' (L ^^Xf "i Said f ? rce shal f J C° nsist J f o r the time being, ' ot- : one captain of police^ one sergeant of police, not more than two roundsnfeo, not more than fa^ n regular patrolmen of police, and not more than three V \) supernumerary patrolmen. f There shall also be one surgeon of surgeon of police and one station-house keeper. The SES^T 1 number of said patrolmen may at the discretion of said^er. board of police commissioners, be increased from time 98 Patrolmen may be in- creased, how. Appoint- ments by board. Qualifica- tion of member- ship. Term of office and . removal of members of police force. Laws of the City of Cohoes. [Title VIL to time, but such increase shall in no event exceed the rate or proportion of one patrolman to every one thousand increase of inhabitants of said city, to be determined according to the last preceding census taken by the state or United States. The members of said police force and said surgeon of police and station- house keeper shall be appointed by the said board of police commissioners and whenever vacancies occur in said force or in the office of surgeon of police or station-house keeper, or additional members of said force are required under the provisions of this title, such vacancies shall be filled and such additional members appointed by said board ; but no person shall be appointed to membership in said police force or shall continue to hold membership therein, who is not a citizen of the United States, or who has ever been convicted of a crime, or who can not understandingly read and write the English language, or who shall not have resided in the city one year next preceding his appointment. All officers and members of said force, unless removed for cause, shall hold their offices during good behavior and so long as each shall well and faith- fully observe and execute all the rules and regulations of said board of police commissioners, the ordinances of said city and the laws of the state ; and no member of said force shall be removed from office, until written charges shall have been preferred against him and the same shall have been publicly heard and examined by said board, after a notice to him of such charges in the manner to be prescribed by said rules and regulations. § 14. The said board shall make suitable provisions respecting security to be given by the captain of police be given by 1 » ■-■ » • ' 1 " 1 Board to provide for security to ^Sb V e e r n so y f and other officers of said force, for the faithful per- oIsT formance of their respective duties. Each member of officers the police force shall subscribe an oath of office, m the constitutional form, in a book kept for that purpose, and shall take said oath before one of the commissioners Title VII.] Revised Charter. 99 of police, each of whom is hereby authorized to administer such oath, and to certify the taking thereof. § 15. Every member of said force shall have issued Warrants of to him by said board a proper warrant of appointment m P en°ts nt " signed by the president of said board, and counter- signed by the secretary, which warrant shall contain the date of his appointment and his rank. § 16. The powers and duties of said police force shall ^Xe r fo?L be as herein more particularly denned, and shall be in general - exercised and performed under the direction and con- trol of said board of police commissioners and accord- ing to rules and regulations, which it is hereby authorized to pass from time to time for the govern- ment and discipline of its subordinate officers. The members of said force shall possess in every part of the state of New York all the common law and statutory power of constables, except for the service of civil process, and any warrant for search or arrest issued by any magistrate of the state of New York may be executed in any part of the state by any member of said force without any indorsement of said warrant, and according to the terms thereof ; and the several mem- bers of said force shall have power and authority, immediately and without process, to arrest and take into custody any person who shall commit, or threaten or attempt to commit, in the presence of such member, or within his view, any breach of the peace, or offense directly prohibited by any act of the legislature, or in said city, by any ordinance of the city; but such member of the police force shall immediately upon such arrest, convey in person such offender before the nearest magistrate, that he may be dealt with accord- ing to law. § 17. Subordinate to the said police commissioners, captain of the captain of police shall be the chief officer of said police force, and shall obey and cause the force under 100 Reports to be made quarterly by captain to board. Annual report to common council. Detective staff. Laws of the City of Cohoes. [Title VII. him to obey, the rules and regulations that may, in accordance with the provisions of this title, be from time to time established by said board of police com- missioners. He shall make to said board quarterly reports, in writing, of the state of the police force, with such statistics and suggestions as he may deem advis- able to submit for the improvement of the government, discipline and efficiency of said force. On or before the third Tuesday in November in each year, he shall make a report in writing, to be approved by said board, to the common council of said city, showing the con- dition of the police force and the work performed by it during the fiscal year last past. Said report shall be published by the common council as a part of its annual report. He shall have the charge of organ- izing and directing a detective staff of not more than three members of said force, which staff shall from time to time be selected, designated and detailed for service connected wirh, and to aid in such manner as the board of police commissioners may approve and direct, in the prompt detection and punishment of crime. He shall also be the property clerk of said city. (As amended by § 6, Chapter 625, Laws of 1901.) Duties of § ig it is herebv made the duty of said police force, police force. o >■> m . at all times of the day or night, withm the sard city ot Cohoes, and the members of said force are accordingly hereby thereunto empowered, especially to preserve the public peace, prevent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of persons and of property, guard the .public health, preserve order at every primary and public election, to remove nuisances from public streets and public and private alleys roads places and highways ; repress and restrain disorderly houses and houses of ill-fame; to arrest all street beggars and mendicants; to provide a proper police attendance at every fire, in Property clerk. Title VII.] Revised Charter. 101 order that thereby the firemen, fire engines and property exposed, maybe suitably protected or assisted ; to assist, advise and protect immigrants, strangers and travelers in public streets and at the railroad depots ; enforce every law relating to the suppression and punishment of crime, or to the observance of Sunday, or regarding pawnbrokers, emigrants, or elections, or gambling, or intemperance, or lotteries, or lottery policies, or vag- rants, or disorderly persons, or the public health, or any ordinance or resolution of the common council or any board of said city applicable to police, health or - criminal procedure. § 1 9. All criminal process for any offense committed criminal . , , . . -, . . process to within said city issuing out of any court, or from anv beserved d J by police justice, recorder or justice of the peace within said force city, and all process, subpoena, bench warrant or other- wise, issued by the district attorney of the county of Albany relating to any offense committed within said city, may be served by a member of said police force. § 20. The captain of police shall receive an annual salaries, salary not to exceed eleven hundred dollars, the ser- geant not to exceed one thousand dollars, per annum, and each roundsman, or patrolman of the force or special officer or supernumerary shall receive a salary not to exceed nine hundred dollars per annum; the station-house keeper shall receive not to exceed five hundred dollars per annum. All of said salaries shall be paid monthly by the chamberlain of said city to each person entitled thereto, subject to such deductions each month from the salary or pay of members of the force as the board sljall make to satisfy fines imposed on any member of said force by way of discipline or punishment and as prescribed by the rules and regula- tions of said board. The warrant of the chamberlain warrant • for the payments authorized in this section shall be a of "sa llrTe? written statement, or pay-roll showing the amount actually due and payable to each person named therein, 102 Laws of the City of Cohoes. [Title VII. which shall be prepared by said board and subscribed and certified to be correct by the members of said board or a majority of them, and shall be filed by said board with said chamberlain before payment of any sum payable as therein mentioned is made by him. Note : _The salary of the police surgeon is not specified, but see sub. 3, § 7, Title IV of this act. for^edto § 21 . The board of police, for meritorious and extra - vZi ser ' ordinary services rendered by any member of the police force in the due discharge of his duty, may permit any member of the police force to retain, for his own benefit, any reward or present tendered him therefor ; and it shall be cause of removal from said force for any member thereof to receive any such reward or present without giving notice thereof to the board. Upon receiving such notice the said board may either order said member to retain the same or pay it over to the chamberlain of said city. Expenses § 22. The necessary expenses incurred in the execu- dt c y u c r h e a d r ge. tion of criminal process within said city shall be a no fees for charge against the city. No fees or compensation be rv re c cei?ed w hatever, other than as herein provided, shall be by the po- 7 * lice officers. c harged or received by any officer or member 01 the said police force for the arrest, confinement or dis- charge of any person, or for any mileage or travel, or for serving any warrant, subpoena or process, or for discharging any other duty required by this act ; nor shall any such fee or compensation be charged or received by any officer or citizen for the arrest of any person charged with crime, or for the service of any warrant, subpoena or other process in any criminal case, Expenses to except as herein provided. The -actual necessary and by board 6 reasonable traveling expenses, which shall include board as well as transportation, incurred by any officer or member of said police force, or by any other officer or citizen who may have been selected to execute any process issued within said city of Cohoes, incurred by any such officer or member of the police force, or other Duty of supervisors, as to pay- ment of expenses Title VII. ] Revised Charter. 103 officer or person in executing any such process or dis- charging any duty required of him by the district attorney of the county of Albany, or by any recorder, justice of the peace, judge of a court of record or crimi- nal court, held within said city, for any offense arising within said city, shall be audited and allowed by the said board of commissioners, and paid by the chamber- lain of said city of Cohoes. Such charges shall only be allowed upon the affidavit of the person making them, and shall not include any items for traveling expenses in any case wherein transportation has been furnished to the party gratuitously and without expense to him, under whatever circumstances such free trans- portation may have been furnished. The board of supervisors of the county of Albany shall annually cause to be raised by tax, in the manner provided by and" law for assessing, levying and collecting the state and county taxes within and for said county, a sum suffi- cient to pay the charges and expenses incurred by said police force in the service of all criminal process issuing from the district attorney, or any recorder of the city of Cohoes, for police services rendered by any member of said police force, or by said police board in the execution of criminal process, in cases now chargeable to said county; the same to be assessed, levied and collected upon and from the county, in the same man- ner, ratio and proportion as the accounts of deputy sheriff and constables of said county are now charged, assessed, levied and collected ; the amount thereof to be paid to the chamberlain of the city of Cohoes, to be applied towards the general expenses of said police force ; and it shall be the duty of the said board of police commissioners to furnish annually, to the board Board of 1/7 police com- of supervisors of said county, an accurate statement of goners all moneys paid out by said board under the require- J f a ^ e ™| nt s , ments of this section during the preceding year and paid under the amount so raised shall be paid over by the county this section treasurer of said county to the chamberlain of said city of Cohoes. 104 Laws of the City of Cohoes. [Title VII. Fines im- § 23. All fines imposed by the board of police com- posed on members of missioners upon members of the police force, by way to chamber- °^ discipline, and collectible from their pay or salary, lain - all rewards, fees, proceeds of gifts and emoluments that may be paid and given for account of extraordinary services of any member of the police force (except when allowed to be retained by such member), and all moneys remaining for the space of one year in the hands of the property clerk, arising from the sale of unclaimed goods, and all proceeds of sales for penalties under this act, shall be paid over to the chamberlain of said city of Cohoes. wbedeSu § ^ T P on application of any corporation, per- fa d i d°uty P on son or P ersons showing the necessity therefor, said ofSrporT- board of police commissioners shall, whenever expedi- tion S ,etc. en ^ ^ e tail regular patrolmen of the police force, or appoint and swear any additional number of special patrolmen or police to do special duty within the said city, the corporation, person, or persons by whom the application shall be^ made contributing to the police fund, by payment to the chamberlain of the said city of Cohoes, a sum not exceeding the sum of two dollars and fifty cents per diem of service during such detail et°c W o r f 'such or s P ec ^ duty. But the patrolmen, so additionally patrolmen. anc [ specifically appointed shall be subject to the orders of the captain of police, and shall obey the rules and regulations of the said board, and conform to its general discipline, and to such special regulations as shall be made, and shall wear such dress and emblems as the board may direct ; and shall, during their term of holding such appointment, possess all the powers and privileges and discharge all the duties of patrolmen of the police force, or such special duties as may be assigned to them by said board ; and they may be removed at any time by the said board, without cause assigned therefor, upon notice to the person or persons who applied for the appointment as aforesaid. And Title VIL] Revised Charter. 105 the said board of police commissioners shall have supemu- authority to appoint not to exceed three supernumer- polISmen , . x in the sev- ary policemen to be attached to each police precinct, Jif- as it shall deem proper ; such supernumerary patrol- men shall be appointed for the purpose of temporarily filling the place and discharging the duties of the regular patrolmen who may be absent from time to time, and while on duty shall possess all the powers and be subject to the same duty and discipline as regular patrolmen, and they shall receive such sum as the board of police commissioners may determine, not exceeding the per diem pay of regular patrolmen. § 25. Said board may also, upon any emergency or special apprehension of riot, pestilence or invasion, appoint ?SSS n 1 • • riot etc irom among the citizens as many special patrolmen ' without pay, as it may deem desirable: and during- J d ' T elec ' any day of public election it may appoint, to perform duty in the said city of Cohoes, so many special patrol- men as may be required to keep order during such elec- tion, who may be paid for their services, as such special f]f£|/"£ patrolmen on such day, J^© dollars each out of the^/^ S police fund, to be contributed by said city of Cohoes ; provided, however, that each special patrolman so f pa appointed shall, at the time of his appointment, make^*™ an oath before a commissioner or the captain of the election day police, that he will not, in any manner, interfere with or hinder the election taking place on the day for which he is appointed, otherwise than by depositing his own vote and maintaining order at said election ; and providing that such pay may be withheld, and he may be duly prosecuted as for a misdemeanor, if the terms of such oath be violated ; and during the term of service of any special patrolmen authorized as afore- said, he shall possess all the powers and privileges and perform all the duties of the patrolmen of the standing force, and he shall wear such emblem as shall be pre- scribed and furnished by said board. to resign without consent of board. 106 Laws of the City of Cohoes. [Title VII. berofXrce § ^° memDer of the police force, under penalty of forfeiting the salary or pay which may be due him, shall withdraw or resign except by permission of the board of police commissioners, unless he shall have given to said board one month's notice in writing of his intention so to do. The said board may suspend from pay or duty, or both, any member of said force, but no longer than thirty days from pay at one sus- pension. crimes « 27. It shall be a misdemeanor, punishable by against the « ; x " SlnchTse. imprisonment in the county jail or in the Albany peni- tentiary for not less than one year and not exceeding two years, or by a fine of not less than two hundred and fifty dollars, for any person, without justifiable or excusable cause, to use, or incite any other person to use, personal violence upon any elector upon any elec- tion day in said city of Cohoes, or upon any member of the police force thereof when in discharge of his duty; or for any such member wilfully to neglect making any arrest for any offense against the law of this state, or any ordinance in force in any part of the said city of Cohoes, or for any person not a member of said police force falsely to represent to* himself as being such a member with a fraudulent design upon persons or property. Property^ § 28. All property or money alleged or supposed to custody of have been feloniously obtained, or which shall be lost police. •- or abandoned, and which shall thereafter be taken into the custody of any member of said police force* of any criminal court in the city of Cohoes, or which shall come into the custody of the recorder or of a justice of the peace within said city of Cohoes, shall be, by such member, recorder or justice, or by order of said court, given into the custody of and be kept by the property clerk of said city ; and all such property and money shall be particularly registered by said *So in the original. To be registered. Title VII.] Revised Charter. 107 property clerk in a book kept for that purpose, which shall contain also a record of the names of the persons from whom such property or money was taken, the names of the claimants thereof, the time of the seizure and any final disposition of such property or money. 1 . Whenever property or money shall be taken from Disposition persons arrested, and shall be alleged to have beenofsudT e » i property. feloniously obtained, or to be proceeds of a crime, and whenever brought with the claimant thereof, and the person arrested before some magistrate for adjudica- tion, and the magistrate shall be then and there satis- fied from evidence that the person arrested is innocent of the oifense alleged, and that the property rightfully belongs to such person, then said magistrate may thereupon, in writing, order such property or money to be returned to such person, and the property clerk Tobe de- (if he have it), deliver such property or money to the^| ed '° accused person himself, and not to an attorney, agent or clerk of such person accused. 2. If any claim to the ownership of such property jo remain or money shall be made on oath before the magistrate, S prqpeny by or on behalf of any person than the person so cerk ' when - arrested, and the said accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge on* conviction of the person accused. 3. All property or money taken on suspicion of Tobe ad- having been feloniously obtained, or of being the pro- of ° r -i fl . interested ceeds ot crime, and tor which there is no other claimant than the person from whom the same was so taken, and all lost property coming into the possession of any member of said police force, and all property and money taken from pawnbrokers as the proceeds of crime, or by any such member taken from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves, shall as soon as practicable, be *So in the original. 108 Laws of the City of Cohoes. [TitJe VIII. transmitted to the property clerk of said police force, to be duly registered and advertised for the benefit of all persons and parties interested, and for the informa- tion of the public as to the amount and disposition of the property so taken into custody by the police. Fo°be e soki 4. All property and money that shall remain in the tu?tion, c custody of the property clerk for the period of six 1 months without any lawful claimant thereto, after having been three times advertised in a newspaper of said city, shall be disposed of as follows : Such prop- erty shall be sold at public auction, according to the tenor of such advertising and the proceeds of such sale shall be paid over to the chamberlain of said city of Cohoes. Sained for ^' ^ any • property or money placed in the custody when nce ' °f the property clerk shall be desired as evidence in any police or other criminal court, such property shall be delivered to any officer who shall present an order to that effect from such court. Such property shall, however, not be retained in said court, but shall be returned to said property clerk to be disposed of as hereinbefore provided. § 29. (Repealed by § 4, Chap. 275, Laws of 1896.) Note :— As to police matrons, see Article V, of the general city law, infra. TITLE VIII. WATER SUPPLY. Board of Section 1. There shall be aboard of water com - water com- missioned. m i ss i oners 0 f said city composed of the mayor lor the time being and six water commissioners. Upon the appointment of water commissioners in each alternate year, as in the next section provided, the members of doTof iza ' said board shall meet in the rooms provided by the board - common council for their use, and shall then organize by electing one of their number president of the board, frhev shall also elect one of theirnumber or other Title YIIL] Revised Chaete^^ 109 person secretary ^jy Tip a s_such ✓Secretary shall receive, jin annual salary of not /o exceed three hundredj *^?* ^q^^^^^^qj^g^^^J Said board may make all necessary rules and regulations for its government Rules and and the transaction of its business. The members compens"- shall serve without compensation, members. § 2. The common council, at its annual meeting inA PP oint- • ' " merit of the year eighteen hundred and ninety-two, and every members, second year thereafter, shall appoint two water com- missioners, who shall each hold office for the term of T ^ rm of J office. six years. Vacancies in the office of water commis- vacancies in office. sioner shall occur in the case of death, resignation, removal or inability of the incumbent. The common council shall have power to fill vacancies in said office by the concurring vote of a majority of the aldermen elected thereto ; but if the common council shall have neglected for two months after the occurrence of a vacancy, to fill the same, the power to do so shall devolve upon the board of water commissioners. § 3. It shall be the duty of said board to examine Duties of and consider all matters relative to supplying the city missioners. of Cohoes with a sufficient quantily of good and wholesome water; and for that purpose it shall have power, as often as the needs of the city shall require, to employ engineers, surveyors and such other persons as it shall deem necessary, and to adopt such plans as in its judgment shall be most feasible for securing such supply or additional supply of water as may be required. Such plans shall embrace the proper main and distributing pipes for a supply of water to all the streets in said city so far as shall be deemed advisable by said commissioners, and also the furnishing and placing such number of street hydrants for supplying water for the extinguishment of fires as shall to said board appear needful ; but from and after three years Expense of „ 47 extending irom the passage of this act no extension of the water- works works of said city shall unless otherwise provided by 110 Laws of the City of Cohoes. [Title "VIII. law, be made by said board in any one year, which shall involve an expense exceeding three thousand contracts dollars. Said board shall have power to make all for labor ?e n riais a " necessary contracts for labor and materials for the execution of its plans and the completion of the work undertaken by it; and whenever the estimated cost of any plan or work contemplated by it shall exceed two hundred dollars, said board may, in its discretion, and under such regulations as it may prescribe, advertise for bids for the doing of such work, or the furnishing of the materials required therefor or any part thereof. (As amended by § 1, Chapter 173, Laws of 1900.) Right of « 4, The said board of water commissioners, in be- board to use c j^oii half of the said city, and all persons acting under its Greets, etc. autnor ity, shall have the right to use the ground or soil under any street, highway or road, lanes or alleys, within the city of Cohoes, or the town of Watervliet, for the purpose of introducing water into and through any portion of the city of Cohoes, on condition that it shall cause the said street, highway or road, lanes or alleys, to be relaid and restored to its or their usual state, and all damage thereto to be repaired; and where the consent "of abutting or adjoining owners is requisite, the same shall be first had and obtained or M . a :L* c : their damages ascertained as herein prescribed. In all cases where said board shall be unable to agree with the persons owning or having an interest in any lands, tenements or hereditaments required for the purposes of this title, it may proceed to acquire the same by condemnation in the manner prescribed in chapter twenty-three of the Code of Civil Procedure. quire in terests in land by condemna tion. enter upon premises. Power to § 5 The said board is hereby authorized to enter into or upon any land or water for the purpose of making surveys; and it is also authorized to agree with the owner of any property, real or personal, which in its judgment may be required for the purposes Title VIII.] Revised Charter. Ill of this title, or which may be injuriously affected by any operation connected with the same, as t o the amount of compensation to be paid to such owners. And said board may agree with any owner or owners for the purchase of any lands, tenements, heredita- ments, privileges, rights, interests or easements in the same, which may be required for the purposes of this title, or for the taking of any water ; and all such agreements and conveyances shall be made and taken in the name of the city of Cohoes. The said board is May con- hereby authorized to contract with the Cohoes Com- Cohoes „ , , _ „ company pany tor sach supply of water from the canals or the for water from canals waters of said company as may be required under the etc provisions of this title, at a price not to exceed that paid by other users of water, § 6. It shall be the duty of said board to super- T ; 0 super intend the construction of the work, keep a record of SSSn its proceedings in suitable books, keep a register of?eco?do? the names of all persons furnished by* water; and it w ° r shall exercise a general supervisory and controlling- power and direction in all matters relating to the preservation and continuance of the work authorized by this title, and of all lands, property and rights acquired thereunder. It shall make a report to the common council of said city of its proceedings gener- ally, and of the state of the matters in its charge, whenever required so to do by said common council. § 7. Any person who shall do, or cause or permit to Provisions be done, any act whereby any work, material orp^SSl property whatsoever, erected or used within the city of Cohoes, or elsewhere, by said city or board of water commissioners, or by any person acting under its authority, for the purpose of procuring or keeping a supply of water, shall in any manner be injured or damaged; or any person who shall draw or permit to be drawn from any street hydrant, except for fire of works, etc, *So in the original, / 112 Laws of the City of Cohoes. [Title VIII. purposes, any water, without the express permission of the superintendent of said works, or of the said board ; or an y person who shall throw or cast, or permit to be thrown or cast, any offensive or delete- rious substance or thing' into, or within the boundary fence of the property used by said board for reservoirs or the approaches thereto, or allow any animal or fowl to enter thereupon; or any person who shall open or tap any street main to introduce a pipe therein or use the water therefrom without first having procured the permit therefor from the super- intendent, shall be deemed guilty of a misdemeanor and punished accordingly ; and any person who shall allow the water to run to waste from any tap or vent, or shall use the same in a wasteful or negligent manner, or who shall use the water or permit the same to be used for purposes other than those speci- fied in the permit therefor, without such express permission as aforesaid, shall be liable to a fine of not less than five nor more than ten dollars for each day or part of a day it is so wasted or used ;. said fine to be collected by suit in the name of said board, in a court of a justice of the peace in said city ; or the supply of water may be cut off as herein provided, at the option Rules, re- 0 f said board. Said board shall have power to and a ord^ make such by-laws, rules and regulations for the protection preservation , protection and management of the said etc - water-works, and the use and control of the water, as it shall deem advisable, and which shall have the same force and effect as ordinances enacted by the common council; and it may impose such fines,' penalties and punishments for the infringement thereof as to it shall seem proper; provided no such by-laws, rule or regulation, or the punishment therefor, shall be inconsistent with law or this act. Title VIII.] Revised Charter. 113 § 8. The said board shall appoint an offipef^ who f e u £ n - may be removed by it at pleasure, who shatfbe known ^T 1 ^ 7 / v v ±x works, ap- as superintendent of water- works, and/shall be com- Jnd n r ? ent petent to discharge such duties a/said board may " ov *" of - . q o / prescribe. He shall devote allXecessary time and ^ services, under thejgne^^ - f * said board, to the<£ons1^^ *"' 5a ^-*e2 0 several persons appointed by said board, as in this section provided, including the chief and assistant engineers, shall be known as the firemen of the city of Cohoes, and together with said board of fire com- missioners shall constitute the fire department of said city, and shall hold their respective places and appoint- ment during good behavior. Said board shall have the power to fix the rate of their compensation, and shall board of Title IX.] Revised Charter. 123 not remove them except for cause, and after a reason- able opportunity to be heard in their defense. (As amended by § 4, Chapter 903, Laws of 1896.) ^^ : T 4 A V°. timeal, T anCeinCaSe0f firemen m ° vin ^ from one city to another, see M 13, 14 of the general city law (Chapter 327, Laws 1900), infra. § 6. The said board of fire commissioners shall have Po wer S the control and management of the said fire depart- ment, its officers and men, and shall prescribe the rules for its discipline and government, and shall also have control and management of the public property, now or hereafter pertaining to said fire department, and shall from time to time, in its discretion, subject to the provisions of this act, add to, acquire and dispose of said property, except real estate, which shall be dis- posed of subject to the approval of the common council as the exigencies of the department may require, and shall pay over to the city chamberlain all moneys that may come into its hands from the sale of such prop- erty ; and the said board is hereby invested with all the discretionary powers necessary to the faithful execution of this title, including the proper selection of all the needed buildings and offices and complete equipment of the several companies with houses engines, hose, hose-tenders, hook and ladder trucks' vehicles, any other apparatus and horses sufficient for drawing the whole or any part of the apparatus and by a two-third vote of all its members may prescribe, control and regulate expenditures of every kind of said department. 7. The chamberlain of the city shall set apart A Appropria- tion to cre- annually on the first day of September, to the credit a^ wa ot sai d board, a sum equal to one-eighth of all the moneys raised by the common council for city purposes in each year, except such moneys as may be raised for extraordinary or special purposes or local improve- ments, and shall also credit to said board any and all moneys received and collected for fines and penalties 124 Laws of the City of Gohoes. [Title IX. under this title, or received from the sale and disposal of property, as provided in the preceding section ; and in addition to the amount required to be set apart as aforesaid, the common council shall have power and it Annual tax. s } ia n b e its duty to raise annually by tax, to be levied in the same manner as ordinary city taxes, upon all real and personal estate in said city, liable to taxation for ordinary city taxes, such sums as shall be required by said board of tire commissioners, not exceeding ".( jjjt/L/ one=lw»en-tie4h of one per centum upon the assessed valuation of the taxable property in the city. Said board of tire • commissioners, when it requests such additional sum, must present to the common council an itemized statement showing the necessity for such additional sum. Said chamberlain shall pay out said Payments, moneys so set apart for the use of said board only how made. _ upon the vouchers signed by not less than four com- missioners, besides the president, and countersigned by the president and clerk of said board, and then only to the extent of the amount that is to the credit Limitation 0 f said board for the current fiscal year; and said upon con- tracts, board shall make no purchases, nor contract any debts , beyond the amount to its credit in each year ; and any debt or obligation contracted beyond that sum shall not be a debt against the city, nor shall the city be liable for the same, but the said commissioners agree- ing to the same shall be personally liable for such voting y f or° r debts. Any commissioner voting for any purchase or Srowigl- obligation beyond the sum to the credit to said board llons- shall be deemed guilty of a misdemeanor and be pun- ishable by a fine of five hundred dollars or imprisonment for one year in state's prison, or both such fine and imprisonment at the discretion of the court; and any taxpayer may bring an action in any court having jurisdiction in the name of the city of Cohoes against such offender for such fine and imprisonment. (As amended by § 5, Chapter 903, Laws of 1896.) Title IX.] Revised Charter. 125 § 8. It shall be the duty of the common council ^° r n a e 0 y r ^5 upon the recommendation of the board of fire com- j5ose S . pur ' missioners to take necessary proceedings in the manner provided by this act, for the raising money for extra- ordinary or special purposes, to raise money to build or purchase buildings for the use of the fire department, and to purchase lots therefor or fire apparatus. The money so raised shall be collected by the chamberlain the same as other general city taxes, and kept by him separate and distinct from other moneys, and shall be controlled and appropriated by said board exclusively to the object or objects for which it shall have been raised, and shall only be expended upon the same vote and paid out upon the same endorsement of vouchers as other moneys expended by this board. § 9. The chief engineer, or while he may be absent, chief en - the assistant engineer, who shall be first at any fire, dmy er ' shall have sole control and direction of the firemen, engines, hose, hose- tenders, trucks, vehicles and appa- ratus of the department during the existence of said fire. The chief engineer shall be fire marshal of said Fire mar- & shal. city. The said fire marshal shall have power, and it shall be his duty as often as once in every six months, to visit, enter and inspect the several dwellings, build- ings and outhouses in the city, at reasonable hours of the day, to ascertain whether such buildings, dwellings and outhouses are safe from danger or fire, and whether the roofs thereof are provided with sufficient scuttles, and with proper stairs or ladders leading thereto ; and if found to be unsafe or without scuttles and ladders, it shall be the duty of said fire marshal to notify, in writing, the owners or occupants of such dwellings, buildings or outhouses of any defect and danger ; and immediately after such notification it shall be the duty of the owners or occupants of such dwellings, buildings or outhouses to repair the same in such manner as to remove the defect complained of. Any person refusing 126 Annual report of board to common council. Laws of the City of Cohoes. [Title IX. to allow such fire marshal to enter or inspect any such dwelling, building or outhouse in the manner aforesaid y or refusing or neglecting to make such repairs after notice given as aforesaid, shall for each and every olfense forfeit and pay to the city of Cohoes a penalty of fifty dollars, to be recovered with costs in any court having jurisdiction, in an action brought in the name of the city of Cohoes. It shall also be the duty of said fire marshal to report any and all violations of the provisions of this and the fifteenth section of this title, to the city attorney, who shall immediately prosecute the offender in any court having jurisdiction. Note : — For duty of chief engineer in inspecting fire escapes, see § 40, Chapter 376, Laws of 1896. § 10. The said board of fire commissioners shall, on or before the third Tuesday in November in each year, report to the common council the receipts and expen- ditures of said departments, with other facts pertaining thereto of public interest, including a complete inven- tory of all the property in their charge ; and said report shall also exhibit a statement of all fire alarms and fires as far as the same shall have been ascertained ; and a statement of all losses caused by such fires and all insurance thereon. It shall also show the number and names of all companies under their direction, the names of all officers and members of such companies, the names of all persons in the employ of said board and the compensation paid them. Fire dis- tricts and fire alarm systems. (As amended by § 8, Chapter 625, Laws of 1901.) § 11. The said board shall have power to establish fire districts and such systems of fire alarms as in its judgment it deems necessary, and it shall have power to employ persons to take charge of the same. Any penalty for person who shall wilfully* or assist in giving a false fi™!. alarm of fire in said city shall be guilty of a misde- meanor. : So in the original. Title IX.] Revised Charter. 127 § 12. The said board shall have power to decide Bui ^ in §^ ■ 1 x etc., for upon all plans and specifications and the erection of department such buildings as may hereafter be required for the use of the fire department of said city. All materials and supplies which may be required for the purposes of said department shall be purchased under its direc- tion ; it shall also have power to decide upon the kind of apparatus which shall be used and purchase the . same, but in all cases where any contemplated expen- ditures relating to the erection of buildings or repairs thereto shall amount to the sum of two hundred and fifty dollars or upwards, the said board shall advertise for proposals therefor and shall award the contract to the lowest responsible bidder. § 13. The said board shall have power to administer Power of oaths and to issue subpoenas compelling the attendance administer „ . . , ■ oaths, etc., ot witnesses m cases of insubordination in the fire to witnesses department under the control of said board ; it shall also have power to conduct investigations relating to alleged disorderly or improper conduct on the part of firemen or any other person under the employ of said board, and in regard to all other matters under their control ; and shall thereupon have the same powers to compel the attendance of witnesses and to take testi- mony as now belongs to the justices of the peace of said city. vestiga- tion of se of § 14. The said board of fire commissioners is also in hereby empowered to inquire into the cause or origin £™ of any fires that may occur in said city, and for that ' purpose is hereby authorized to examine any person or persons on oath and to issue its warrant for the attendance of witnesses returnable forthwith, or at such time and place within said city as it shall appoint therein, under which warrant it shall be the duty of the captain of the police of said city to compel the Attend^ witness or witnesses to whom said warrant shall be how" directed to appear before said board as in said warrant .nee of witnesses secur- ed. 128 Laws of the City of Cohoes. [Title IX. prescribed, on any such investigation, and any wilful evasion of such process or refusal to testify shall be deemed a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, the offender shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the penitentiary not exceeding six months, or by both such fine and imprisonment. If it shall appear to the satisfaction of said board, upon any such investigation, that any building in said city has been wilfully burned or fired, and if the party or parties charged with the offense be not in custody, the said board shall certify their con- clusions upon the evidence to the said captain of police, who shall cause the party or parties charged to be placed in custody, and until such party or parties shall be in custody all the proceedings of said board together with the names of the witnesses shall be kept secret. The testimony taken upon every such investi- gation when there shall be, in the judgment of the said board, reasonable grounds to believe that any building within said city has been wilfully burned or fired, shall be returned by them to the next criminal court of record having jurisdiction in case of felony held in the county of Albany. Fire limits § 15. The said board of fire commissioners shall to be de- ° rined have the power and it shall be its duty, from time to time, by a resolution entered in the minutes of its proceedings, to define in said city, the limits and bound- aries within which all dwelling-houses, churches, school-houses, stores, meeting-houses, store-houses, offices, shops, factories, mills, halls, theaters, laundries, barns, stables, wood-sheds, outhouses, buildings and structures of every description, shall hereafter be built and constructed of brick, stone or iron, or of all said materials, and be covered with slate, tile, tin, gravel Boundaries or other safe materials against fire; such limits or to bepub- boundaries, when so defined, shall be published at length in every instance by said board in all the news- Title IX.] Revised Charter. 129 papers in said city, such length of time, not less than one week, as it shall deem proper. The said board shall have power and it shall be its duty to require suitable fire-escapes to be erected on any of the afore- said buildings, within said limits, or on any buildings in any part of said city when said board shall deem necessary for the protection of life. After the said Erection of limits or boundaries shall have been established fjg etc., within . ' fire limits. provided m this section, it shall not be lawful for any person, firm, corporation or association, to build or erect, within such fire limits, any dwelling-houses, store-house, office, shop, laundry, factory, mill, hall, theater, church, school-house, store, meeting-house, barn, stable, wood-shed, outhouse or other building or structure of any discription, unless the same shall be built or constructed of brick, stone or iron, or of all said materials, or covered with slate, tin, tile, gravel or other material safe against fire. But this section shall not be construed as to apply to the inside finish of any such building or structure, nor to prevent the erection of front or rear stoops, or stairs of wood not enclosed, nor of a bay window of wood, nor of a privy of wood, one story high ; but no wooden cornice shall be put up unless the same be covered with tin or iron or other safe material against fire ; nor shall it be law- ful within said fire limits to make any new addition to any such building or structure or to any building heretofore constructed, without using for such addition the materials required for the construction of new buildings. Any owner, occupier, builder, or other person, offending against any of the provisions of this section, shall for each and every such violation, forfeit and pay the penalty of three hundred dollars, to be recovered in an action brought in the name of and for the benefit of the city of Cohoes, in any court having j urisdiction thereof. In any such action when brought in the supreme court, the said court, or any justice thereof, or the county judge of Albany county, or the 130 Laws or the City of Cohoes. [Title X. recorder of the city of Cohoes, may grant a temporary injunction, thereby enjoining and restraining such owner, occupier, builder, or other person from violating the provisions of this section during the pendency of such action ; and on the trial of such action, and in the judgment when no trial has been had, the court shall have power to perpetually enjoin the defendant from constructing the said building or structure so being built in violation of any of the provisions of this section, and to order the same to be removed or to be taken down. Note :— As to payment to fire departments of tax by agents of foreign fire insurance corporations, see § 133, of the insurance law (Chapter 690, Laws of 1892). TITLE X. ASSESSMENT AND COLLECTION OF TAXES. Taxes, Section 1 . The common council shall, on or before aggregate . ra?ed° ^ tne HrS ^ °^ ^ Y QSiV > CaUSe anC "- direct Si sum not exceeding one per centum on the assessed val- uation of the taxable property, except farm lands of the city, to be raised by general tax for the purpose of paying the salaries of officers, and for public school, highway and bridge purposes, and for other necessary and contingent expenses of the city not otherwise how levied specially provided for. Said tax shall be levied, upon the real estate and personal property in said city accor- ding to the assessment roll for the current year, to be made by the assessors of said city, and shall be col- lected from the owners thereof or from such real estate Farm lands an( j personal property as hereinafter provided. There shall be levied upon farm lands, occupied as such, and collected from the owners thereof, or from said farm lands, on the assessed valuation thereof, not more than one-half the percentage directed to be levied upon Corpora- other taxable property. All manufacturing corpora - uTed. ow tions, located and doing business in the city of Cohoes, shall be assessed and taxed upon their real and personal property in the same manner as individuals and not Title X.] Revised Charter. 131 otherwise. The personal estate of such corporations shall be assessed in the town or ward where the princi- pal office or place for transacting the financial con- cerns of the company shall be, or if said corporation shall have no principal office or place of transacting its financial concerns, then in the ward in the city of Cohoes where the operations of such corporations shall be carried on. Note: — In relation to above provision for the taxation of manufacturing corpora- tions, see People ex-rel. Parsons Mf'g Co., vs. Moore, 11 N. Y. St. Rep. 859. § 2. The common council shall also have power to Additional A tax on vote raise by tax in each year such further sums as shall have ^erefor at been voted by a majority of the tax payers of said city ShabhSni entitled to vote, and voting on a proposition to raise the same, at an annual or special meeting called for that purpose, not exceeding ten thousand dollars to be used for general purposes, streets, or bridges, in the discretion of the common council. The vote on such Manner, etc ot voting proposition shall be taken by ballot, which shall be in- therefor dorsed u tax," and shall have on the inside the words " for the tax " or " against the tax." Every resident of said city of the age of twenty-one years or upwards, whose name shall be on the assessment roll made by the assessors of said city next preceding said election as owner, executor, administrator, guardian or agent, and upon whose property, or upon whom as the owner or possessor of property a tax shall have been assessed or imposed in and by said roll, and no other person shall be entitled to vote at such meeting. The clerk Notice to shall give at least ten days notice of any such election cfe?kT enby or meeting, by publishing such notice in the official paper, and by posting such notice in at least one pub- lic place in each election district, which notice shall state distinctly the object or objects of such election or meeting. All provisions of this act in any way appli- Provisions cable to the annual election in said city, or to the nual elec- ascertainment of the result thereof shall be applicable pScabfe. as far as may be to said tax elections or meetings, or 132 Laws of the City of Cohoes. [Title X. to the ascertainment of the results thereof. The clerk shall furnish to the inspectors in each election district, for use at each tax election or meeting, a certified copy of the names of all taxpayers appearing upon said last assessment roll. Duty of §3. The assessors shall ascertain, in the manner assessors in reference to provided by law for the performance of like duties by assessing of A " x J property, town assessors, the names of all taxable inhabitants of said city, and also all taxable real and personal pro- perty therein. The common council shall cause to be prepared duplicate assessment rolls, in separate col- umns of each of which the assessors shall set down, according to the best information they can obtain, all such names, the quantity of land to be taxed to each person, the full value of such land and the full value of all taxable personable property owned by such person, less the just debts owing by him. Said assessors shall also designate on such assessment rolls as " farm lands " all lands occupied as such, and all agricultural lands, properly so called, situated in whole or in part within said city, and keep the same in a separate column of.each of said assessment rolls. Such -assessment rolls shall be completed on or before the first day of July in each year. Except as modified by this act, the laws of this state shall govern the making of all such assessments and assessment rolls. (As amended by § 8, Chapter 604, Laws of 1893.) Note :— As to the filing- of the assessment roll and notice thereof, in cities, under general statute, see § 38 of the tax law (Chapter 908, Laws of 1896), as amended by chapter 358, Laws of 1901. Duty of § 4. On completing the general assessment, said assessors on completion assessors shall leave the same with the city chamber- ot assess- ' ^ > ment roii. ] a j n . they shall then give notice by posting hand-bills and publishing in at least one newspaper printed and published in said city, for two insertions that the assessment roll is completed and left at the office of the chamberlain, where it may be seen and examined by any person for the next twenty days ; and that the Title X.] Revised Charter. 133 assessors will attend during the last five of said twenty days exclusive of Sunday, at the chamberlain's office, to review their assessments in the same manner as assessors of towns. The assessors shall have power as such reviewers to substitute the words " unknown unknown 1 owners. owner, tor the name of any owner of lands which they may be required to assess in all cases where any of the assessors shall make affidavit that after diligent . search and inquiry he has not been able to ascertain the name of said owner. In the assessment of any lands in said city, it shall be a sufficient descript ion Description « . _. . of property. ot the premises assessed, to give the name of the owner, when known, together with the street number, if any, and the side of the street, and a brief descrip- tion of the premises. At the expiration of said ? r ° s c ^ r twenty days they shall cease to correct and review aSSmJnt said rolls, and shall, within six days thereafter, have byassessor the same completed and subscribed and delivered to the clerk of the city, to be by him filed in his office. During the time the assessors are correcting and reviewing any tax they shall have the power to add to or insert in said tax or assessment roll any property liable to taxation, and the assessment thereof, which may have been omitted from said roll, upon giving personal notice of their action to the owner or agent of such property. Immediately after the final com- pletion and correction of such rolls, the assessors shall verify the same according to law, both of which shall be deemed original, and the clerk shall f orthwith Duty of , clerk in ret- thereafter make a true copy of each of such rolls and ^p^^u file the same in his office* § 5. The common council shall give public notice Duty of 1 i t i • • i common by publishing m at least one newspaper printed and councilin published in said city, by two insertions, that the assessors have completed their review of said assess- ment roll, and that said common council will, at a meeting thereof, the time and place of which shall be stated in said notice, hear all grievances in reference reference to corrected rolL 134 Laws of the City of Cohoek. [Title X. to any error or errors of a clerical nature in said roll. The common council may, at the first or any adjourned session of said meeting, correct, cancel, remit or add to any assessment contained in said roll, whenever there is manifest error in copying any such assess- ment or in levying or extending^ any tax ; but it shall have no power to alter any valuation fixed by the assessors. Such meeting shall be held within thirty days after the completion of the review by the assessors of said roll. From and after the final adjournment of said meeting, no person or corporation shall be entitled to any relief by reason of any error in said assessment roll, which said, common council is hereby authorized to correct. Duty of 8 (5. As soon as practicable after any city tax shall clerk in ° x . reference nave been ordered by the common council to be raised, to extend- * ' ing tax. ftie clerk, by direction and under supervision of the common council shall estimate and set down in separate columns of one of the original assessment rolls, oppo- site to the several sums set down as the valuation of ^ real and personal estate, the respective sums in dollars and cents, rejecting the fraction of a cent, to be paid J - as a tax thereon in the manner, as nearly as may be, provided by law for the performance of like duties by boards of supervisors. The clerk shall also, in the like manner, extend such taxes in one of the copies of Delivery of ^i le assessraen t; roll remaining in his office. He shall roll to the ° iSn mber ~ deliver to the chamberlain the original roll containing such taxes, to which shall be annexed a warrant, under a seal of the city and signed by the mayor and clerk, commanding such chamberlain to receive and collect from the several persons, companies, corpora- tions and associations named in the assessment roll the sums expressed in the several columns of such roll, opposite to their respective names. To the copy of such roll remaining in the clerk's office shall be attached a copy of such warrant and a receipt signed by the chamberlain ackowledging the delivery to him of the / / Title X.] Revised Charter. 1*35 original roll and warrant. And in case any tax levied ^ ut >; of the cham- or assessed upon the property of any person, company, ^SScete corporation or association shall remain unpaid at the S lectionof expiration of the time mentioned in the notices required by this section, the chamberlain is authorized and directed to issue to any constable oUJi^-ejty a~ warrant, signed by the said chamberlain, commanding the said constable to levy and collect by distress and sale, the tax and fees so assessed. Upon receiving the said tax-^g^ roll, the chamberlain shall forthwith give notice in one ro11, etc or more city papers, and shall also post notices of the same in at least three conspicuous places in each ward of the city, that the same has been left with him for collection, and that for twenty days every person, corporation or association may pay his, her or its tax to said chamberlain without any additional charge, and that for twenty days succeeding, two per centum fees will be collected ; for the succeeding twenty days next thereafter four per centum will be collected ; for the succeeding twenty days six per centum will be collected ; and for the next term of twenty days seven per centum fees will be collected. If any tax shall remain uncollected at the expiration of the time last mentioned, the chamberlain shall give a written, or printed and written notice to the person or persons against whom such tax stands charged. The notices shall all bear even date, and shall require said person or persons to pay such unpaid tax to said chamberlain, at his office, within the term of twenty days thereafter, with seven per centum fees thereon ; such notice may be served personally or by leaving the same at his oi- lier residence or place of business, or at the post-office at said city, postpaid, properly folded and directed at least ten days before the expiration of the time last mentioned. For persons not resident within the city, a notice to them or their agents, left at the post-office at Cohoes, properly folded and directed to them at their reputed places of residence, prepaying the Notice to non-resi- 136 Chamber- lain's war- rant to constable. / ■9 Laws of the City of Cohoes. [Title X. postage thereon, shall be sufficient. The person serv- ing said notices shall be designated by the chamberlain, and his affidavit of the service of such notice shall be deemed evidence in all courts and places ; said notices so served shall be deemed a full compliance with the statute which requires the collector of taxes to call at least once on the person taxed, or at the place of his usual residence and demand the payment of taxes charged him on the property. § 7. At the expiration of the time mentioned in the last section it shall be the duty of the chamberlain to proceed without delay to issue his warrant under his hand and seal of the city, to any {constable^ of the city, or as many of them as he may deem necessary^ commanding said officer or officers to levy the tax and f ees by distress and sale of goods and chattels of the person upon whose real or personal property the tax was apportioned, according to the said assessment and tax roll, or of any goods or chattels in his or her pos- session, wheresoever the same may be found in the city of Cohoes or county of Albany, and to pay the same to the said chamberlain, and return such warrant within twenty days from the date thereof; and no claim of property to be made to such goods and chat- tels shall be available to prevent a sale thereof, except in such cases as are provided for by the general statutes of this state. Such warrants ^shali bear uniform date. The said •constable shall thereupon immediately Sie r of ncet °gi ve public notice of the time and place of sale of the property. p r0 p er ty to be sold, at least five days previous to the sale by advertisement to be posted up in at least three public places in the city. The sale shall be at public auction. If the property shall be sold for more than the amount of the- tax and fees and the cost of such distress and sale, the surplus shall be returned to the person entitled thereto. Duty of constable in Title X.j Revised Ciiaeter. 237 § 8. If any such taxes shall remain unpaid after Proceed- diligent effort made to collect the same by virtue of-^T such warrant, and the officer to whom the warrant was ^ S by delivered shall not be able to collect the same, the J^^ 9 chamberlain shall prepare an account of such taxes, ^CH^C< which he will verify by comparison with the assess- ment roll and certify to be correct, and to which shall j & £ , be annexed the affidavit of the officer to whom the ' ' ' warrant was delivered, that the sums mentioned in <^ ' such account remain unpaid, and that he has not been able upon diligent inquiry to discover any goods or — *A chattels belonging to or in the possession of the per- W .. sons charged with or liable to pay such sums, whereon he could levy the same. The chamberlain shall de- liver such account of unpaid taxes tojbef common council to be filed with the city clerk, and he shall • have the proper credit therefor. The common council Power shall have power to add the amount of such unpaid " taxes, together with interest thereon at the rate of twelve per centum per annum, to the annual city tax of the succeeding year, and charge the same upon the real estate upon which it was originally assessed, or levy and collect the same by distress and sale of the goods and chattels belonging to or in possession of the respective persons whose taxes remain unpaid; and the same proceedings may be had for the collection thereof in all respects and with like erfect as in the case of other city taxes for the then current year ; and the common council shall have power to relay and re-assess such taxes in the manner aforesaid in succeed- ing years, but not beyond the amount of time specified m sections nine and ten of this title; /or said common council may proceed to foreclose the lien of such taxes and make sale of the land&Seeted^ hereby in the manner provided in the ninth and succeeding sections of the common council to add tax to that of suc- ceeding year. Distress and sale of goods allowed. *So in the original. 138 Laws of the City of Cohoes. [Title X. proceed- 0 f this title. , Whenever the chamberlain shall receive ings for col- t _ nerailitf 6 " a warrant for the collection ot a tax or assessment tor gr e e d s t a 0 p " any city purpose other than those purposes hereinbe- tfxJand fore specified, it shall be his duty forthwith to give assessments the notices hereinbefore required to be given in the case of general city taxes ; and all proceedings for the collection of said tax may be taken in the same manner as hereinbefore provided for the collection of taxes for general city purposes. Aiitaxesa § 9. All taxes and assessments for city purposes years° r tefl s \ m i\ ^ e a ii e n upon the real estate upon which they are assessed, for ten years from the first publication by the chamberlain of the notice mentioned in section six of this title, unless sooner paid, and shall have priority in the order of time in which they become liens. If the proceedings hereafter mentioned to enforce said liens have been stayed by a court or judge having jurisdiction therefor, the period of such stay shall not superiority be taken as a part of said ten years. Such liens shall be superior to any mortgage, judgment or other lien of any nature affecting said premises, except state and county taxes and liens in favor of .the United States. § 10. Whenever such unpaid taxes and assessments, with the additions thereto, on any one parcel of land, shall have been in the hands of the common council for Fne year, (and shall amount to at least the sum of twenty-five dollars;, the city clerk, when directed by resolution of the common council, j and, (after three years of the lien of such unpaid taxes has expired forthwith^ without such resolution i shall cause the chamberlain's certificate to the accoiint mentioned in section eight of this title, together with his certificate to a like account of all other taxes and assessments, on the same parcel of land, to be countersigned by the mayor, and deliver them to the city attorney, ^ who, upon the receipt of such account, and certificate properly countersigned, shall forthwith bring an action Action to foreclose imp- tion of re- s of assess- ment, etc. Title X.] Revised Charter. 139 in any court of record of competent jurisdiction, in the name of the city of Cohoes, as plaintiff, for the foreclosure of the lien of the taxes and assessments described in said account, and for the sale of the lands affected thereby. The course of proceedings in said course of action, down to and including the sale and confirmation i P ngs Ceed ~ thereof, shall be analogus to those in an action for the foreclosure of a mortgage on real property, and shall conform to the procedure and rules of court prescribed therefor. The account and certificate of said chamber- Pr esu lain, with his certificate countersigned by the mayor, gXrity shall be presumptive evidence of the legality of the taxes and assessments therein described, and of the regularity of all the proceedings required by law and the provisions of this title to be taken before the delivery of the account and certificate to the city attorney. § 11. All persons having any lien upon or interest Parties de - or estate in said property including any person other e2of and than the city of Cohoes, holding a certificate of sale oreclosure ' thereof for unpaid taxes or assessments, granted prior to the time this act takes effect, and any person entitled to redeem the same for such unpaid taxes or -^'0^ assessments, shall be made parties defendant in said action, and all parties defendant, duly served with process, shall be barred and foreclosed of and from any lieii upon, or interest or estate in, said property by sale of the property under the judgment in such action. § 12. The city shall be entitled to recover theneces- costs of sary actual disbursements made in each action, and costs as herein provided. When judgment is taken ^^£^f by default, the costs taxed shall not exceed five dollars, except where the amount shown to be due by said account and certificate, including interest, shall exceed fifty dollars, in which case the costs taxed shall not exceed the sum of ten dollars. Where the action, 140 Laws of the City of Cohoes. [Title X. however, is settled before judgment, there shall be allowed, as costs to the city, only one-half of the above prescribed sums. When the owner of the fee of the property shall interpose an unsuccessful defeuse to the claim of the city, the same costs may be awarded to the city as would be allowed in a similar action to foreclose a mortgage, except that no percentages shall be allowed. When any other party defendant shall interpose an unsuccessful defense, the same costs as against the owner of the fee may be allowed, and a personal judgment may be entered against such defendant. When any party defendant shall success- fully interpose a defense to the claim to* the city, he may be awarded the same costs against the city as would be allowed him in a similar action to foreclose a mortgage on real property, and judgment therefor shall be entered against the city. saieto be § 13. When judgment of foreclosure and sale shall berlain or be ordered in such action, it shall direct the chamber- lain or city clerk to act as the officer to make the sale, but he shall nofbe entitled to any fees for such services, city attor- On every such sale, the citv attorney shall bid for the ney to bid ^ p " . for city. c ity the amount of the judgment, together with trie interest thereon and the expenses of the sale, and such further sum as may be required to pay all taxes and assessments levied for the aforesaid purposes subse- quent to those for which the judgment has been obtained, with the additions thereto, and if no further bid is received, the property shall be struck off to the Disposition city of Cohoes. Out of the proceeds of such sale, the costs of the action and the expenses of the sale shall be first paid to the city attorney, and then the moneys adjudged to be due, with the interest, and the amount of all taxes and assessments with the additions thereto, levied subsequent to those for which the judgment was obtained, shall be paid to the chamberlain, and a report thereof made to the common council. The *So in the original. of proceeds. Title X.] Revised Charter. 141 surplus, if any there be, shall be paid into court, sub- ject to the further order of the court. The sale shall t s 0 a 5at u e b iS be made subject to all state and county taxes andSSLid Mens in favor of the United States, which are a lien at U lS ~ liens the date of the sale. The lien of all taxes and assess- ments levied by said city on the lands sold, prior to the sale, shall be extinguished thereby. § 14. At any time after such tax or assessment has Payment become a lien upon any parcel of land, and before the judgment, final sale under the judgment of foreclosure, the owner SjL^ of the fee of the property or any person having a lien by mortgage or judgment thereon, may pay said tax or assessment, with the interest, costs and expenses thereon, to the officer of the city having the. same for collection, and thereupon an assignment of said tax and assessment shall be executed to said person, if a mortgage or judgment creditor, and he may add the amount so paid to his lien, and enforce it, with inter- est, as a part thereof. In case of two or more mortgage or judgment liens upon the same property, the holder Rights of of the prior mortgage or judgment shall have the right gagee mort " within the time aforesaid to redeem the premises from such tax or assessment if an assignment thereof shall be held by the holder of a subsequent mortgage or judgment. Publication of state- § 15. During the first week in June in each year, the common council may begin the publication in one men?^ or more city papers of a statement of all city taxes and pa assessments, or any assessment roll for the preceding year which remains in its hands unpaid, with a concise description of the parcels of real estate affected thereby, and a notice of the penalties to be incurred as herein provided, in case of the non-payment thereof. It shall continue such publication twice in each week for three successive weeks, and the expense of such pub- lication shall not exceed one dollar for each piece of land so advertised. There shall be added to the tax 142 Laws of the City of Cohoes. [Title X. on each parcel and collected from the person paying the same, the expense of publishing the description of such parcel. Additional § 16. In addition to the remedies hereinbefore, in remedy by 5 civil action, this title, provided for the collection of unpaid taxes and assessments, the common council shall have power to collect by civil action, in the name of the city of Cohoes, any city tax imposed under the provisions of this title, which shall be returned by the chamberlain as unpaid ; and all assessment rolls and certificates of special assessments filed with the clerk or delivered to Regularity the chamberlain, or certified copies thereof, shall be of proceed ^ ; mid presu "P rinia i ?ac i e evidence in all courts and places, and in all actions and proceedings, that the taxes and assess- ments therein contained have been regularly and duly assessed and imposed, and of the rights of recovery thereof. cases § 17. In all cases wherein the city of Cohoes is the where city " ^^ s ^ rti - holder of a certificate or certificates of sale of any out e bring l an( is in said city heretofore sold for unpaid city taxes Son' 08365 " or assessments without having acquired possession thereunder, said city shall be entitled to maintain proceedings for the sale of said lands and to collect the amount which would, at the time of the com- mencement of such proceedings, have been due thereon for such taxes or assessments if said certificate or certificates had not been executed and granted. The city clerk, when directed by the common council, shall deliver all such certificates to the city attorney for the purpose of such proceedings. void tax or § 18. In case any tax or assessment shall be void, assessment Ssessed or nave failed for want of jurisdiction or for any irreg- ularity in levying or assessing thereof, the common council shall have power and it shall be its duty to cause the same to be reassessed in a proper manner ; if any person shall have paid in the former assessment the same shall be credited, or, in case the payment Title X.] Revised Charter. 143 exceed the amount reassessed, the surplus shall be refunded. In case any amount assessed for local insufficient levy, defi- improvements, at any time, shall be insufficient tojf^gjnay defray the expenses of such improvements, the com- sed ' elc - mon council shall cause the amount which the actual expense thereof exceeds the amount first assessed to be reassessed in like manner as assessments of a like nature but if the deficiency in the amount assessed, or in the amount which can be collected on such assess- ment does not exceed fifty dollars, the common council may, in its discretion, make good the same from any funds applicable to the purpose. § 19. State and county taxes. — The board of super- state and visors of the county of Albany shall cause the cor- S y rected assessment roll of the city of Cohoes to be delivered to the chamberlain of said city on or before Duty of the fifteenth day of December in each year, to which SU| a warrant, under the hands and seals of the supervisors or a majority of them, shall be annexed, commanding said chamberlain to collect from the several persons named in the assessment roll the several sums men- tioned in the last column opposite their respective names, and to pay over the same in the manner directed in the warrant ; and in case any tax levied or assessed for the property of any person or corporation shall remain unpaid on the fifteenth day of February the next ensuing, to issue to any &>Bgtabl@ a warrant, signed by the said chamberlain, commanding the said constable to levy and collect by distress and sale the tax and fees so assessed. Upon receiving the said Duty of assessment rolfthe chamberlain shall give notice in fain" 1 er ~ one or more of the newspapers printed in the said city, of the receipt by him of such assessment roll and Notices, warrant, and that all persons named therein are etc required to pay their taxes at his office, on or before the first day of February next ensuing ; also that for twenty days following the date of such notice, any 144 Laws of the City of Cohoes. [Title X. person may pay his or her county or state taxes by- paying one j>er centum fees thereon ; for the twenty clays next thereafter by paying two per centum t thereon ; and that after the expiration of twenty days last aforesaid three per centum fees will be added to the tax collected by him. If any such tax shall remain unpaid on the first day of February after the delivery of the assessment roll and warrant he shall thereupon cause a written or a printed and written notice to be given to every person resident within the city from whom such tax may be due, specifying the amount and percentage of the tax, and requiring the same to be paid on or before the fifteenth day of Feb- ruary in the same year, at his office. The notices shall all bear even date. Such notice may be served personally or by leaving the same at the residence or place of business of such person, or at the post-office in said city, pror>erly folded and directed, post-paid, at least ten days before the said fifteenth day of February. For persons not resident within the city a notice to them or their agents, left at the post-office of Cohoes, post-paid, properly folded and directed to them, at their reputed places of residence, shall be sufficient. The person or persons serving said notices shall be designated by the chamberlain, and his or their affidavit of the service of such notice shall be deemed evidence of the fact of such service in all courts and places ; said notice so served shall be deemed a full compliance with the statute which requires a col- lector of taxes to call at least once on the person taxed or at the place of his usual place of residence, and demand the payment of taxes charged him on his property. § 20. On the fifteenth day of February the fee additional to the tax then remaining unpaid shall be five per centum, and it shall then be the duty of the *So in the original. 145 "hia Chamber- Ulft lain to stable; con- tents of. 4 Title X.] Revised Charter, chamberlain to proceed without delay to issue warrant under his hand and the seal of the city, to ^ s n u t e t ^ n . any|&o.u&tabJje!of the city, or to as many of them as- he may deem necessary, commanding said officer or offi- cers to levy the tax and fees by distress and sale of t he goods and chattels of the person upon whose real or personal property the tax was apportioned accord- ing to the said assessment and tax roll of any goods or chattels in his or her possession, wheresoever the same may be found in the city of Cohoes or in the county of Albany, and to pay the same to the said chamberlain and return such warrant on or before the fourth day of March in the same year, and no claim of property to be made to such goods and chattels shall be available to prevent, a sale thereof, except in such cases as are provided for by the general statutes of this state. Such warrants shall all bear uniform date. § 21. The said constable shall give public notice of Duty of the time and place of sale and of the property to be'° sold, at least five days previous to the sale, by adver- tisement as provided in the last section, to be posted up in at least three public places of the city. The sale shall be by public auction. If the property shall be sold for more than the amount of taxes and fees and the costs of such distress and sale the surplus shall be returned to the person entitled thereto. In case any of the said taxes remain unpaid on the fifth day of March, succeeding the delivery of the roll to After the chamberlain, he shall deliver to the county treas- urer an account of the taxes so remaining due with a Auver ac - description of the property liable for the same, as^ y to -i treasurer of described m the assessment roll, and upon making taxes due oath before the county treasurer, or in his absence, before the mayor or clerk of the city, that the sums mentioned in the account remain unpaid and uncol- lected, and that he has duly issued warrants for the collection of the same, which had been returned to 7 r 146 Laws of the City of Cohoes. [Title XI. him by the proper officers, stating on oath that he had not, by diligent inquiry, been able to discover any goods or chattels belonging to or in possession of the person or persons charged with or liable to pay such sums whereupon he could levy the same. The said chamberlain shall be discharged from all liability for the amount thereof, and shall be credited there- with by the county treasurer. f a a nds of ac § 22 • After having complied with the provisions of c°h r a d p n l30 O tn ^ las_t three sections it shall be the duty of the said Laws 1878. chamberlain to proceed as empowered and directed by chapter two hundred and thirty of the laws of eighteen hundred and seventy-eight, providing, among other things, for < k the sale of lands in the city of Cohoes for unpaid state and county taxes." Note: - For duty of assessors as to exempt real property, see Chapter 689, Laws of 1900. TITLE XL Local Improvements, streets and highways. common Section 1. The ('oniD ion council shall be commis- commis- sioners of highways in and for the city, and shall sioners of ° . ttx-ju highways. p 0SS ess and exercise the powers and duties ana be subject to the liabilities of commissioners, of high- ways in towns, and, as such commissioners, they shall serve without compensation. what 8 2. All streets, park, places, lanes and alleys now streets to be c A . _ , . -. deemed i n -public use within said city, heretofore laid out as highways. 1 . j? i • l public highways under any law of this state, ot which a record has been made in the office of the clerk of Albany county, or of the clerk of the town of Water - vliet, or of the clerk of the city of Cohoes ; and all streets, parks, places, lanes and alleys therein not recorded, which have been or shall have been worked or improved and used as public highways for twenty years or more, shall be deemed public highways of the city of Cohoes. Title XI.] Revised Charter. . 147 § 3. The common council shall have power to cause streets, etc, all streets, parks, places, lanes and alleys used as taine/InT -1 • 1 . . . ^ entered of highways m said city, which shall have been opened, record laid out or dedicated to public use, but not sufficiently described, to be ascertained, described and entered of record in the city clerk's office, in a book to be pro- vided by the city for that purpose, in the manner required by law of commissioners of highways in towns; and the same, when so ascertained, described and recorded, shall be public highways, lanes, parks, streets and places of said city. § 4. The common council shall have power to lay Power of out, make and open streets, alleys, lanes, highways w3 n to l -1 -■ 1 • _, . _, ' ° J ' lay out, etc, parks and public grounds m said city, and to alter, streets etc - widen, contract, straighten, extend or discontinue the same,^and to cause the same and also all other streets, alleys, lanes, highways, parks and public grounds in said city to be repaired or cleaned from time to time as it may deem necessary, and it shall cause all streets, alleys, lanes, highways, parks, places and public grounds laid out or constructed by it to be surveyed, and such surveys to be filed and recorded in the office of the clerk; and the same, when so laid out, con- structed, filed and recorded, shall be public highways, parks, places and grounds of said city. § 5. No new streets or newly laid out or newly width of mapped lands shall be adopted, laid out, opened and Smarms, worked or graded in said city by said common council, unless the same shall be sixty feet wide, and said common council shall have no power to order the same opened, laid out, worked or graded, nor to v accept any such street or highway, or dedication of \ any such street or highway hereafter dedicated, unless the same shall be of the width of sixty feet, except upon the affirmative vote of three-fourths of the members of the common council. 148 . Laws of the City of Cohoes. [Title XI. proceed- $ q When the common council shall have de ter - ings of « t c c ° 0 ^ n mined to lay out, alter, widen, straighten, extend, terZntg make, open or construct any street, alley, lane, high- Sreeum- way, park, place or public ground, and to take and to ascSSS appropriate the land necessary for the same, and shall ownef s e of° } la ve ascertained the estimated expense of such im- lands, etc. provements, aside from the damages hereinafter men- tioned, and shall have determined to assess such expense and damages in the manner hereinafter Notice. provided, it shall give notice of such determinations to the owner or owners of and other persons interested in the lands so proposed to be taken and appropriated, by publishing the same once in each week for four successive weeks in the official paper, and by personal service thereof upon each of such persons at least fifteen days prior to the time of the application here- inafter mentioned. Said notice shall specify in general terms the improvement to be made, and shall describe the lands proposed to be taken and appropriated therefor, and shall state that such owner or owners, and all persons interested in said lands may, on or before a day to be specified in said notice, file with the clerk of said city their claim for damages, if any they have, on account of such taking or appropriation ; and that in case any such claim for damages shall be filed, the common council will apply, at a time and place to be specified in said notice, to a special term of the supreme court within the judicial district in which said city is located, or to the county court of Appoint- Albany county, for the appointment of three commis- ment of J *V . ' commis- doners to ascertain and determine the damages so claimed. If any such claim shall have been filed as aforesaid, said common council shall make application to said court at the time and place in said notice specified, for the appointment of such commissioners, and any person who shall have filed such claim for damages shall have a right to be heard on the appli- cation. Such court shall have power to adjourn the Title XI.] Revised Charter. 149 hearing, and to exercise general authority over the proceedings, in accordance with the rules and practice of said court, except as herein otherwise provided. Said commissioners shall be disinterested freeholders Qualilica- of said city, aud shall, severally, before entering upon dutyo" commis- the performance oi their duties, take and subscribe angers, oath faithfully, honestly and impartially to perform their duty in making such ascertainment and determi- nation of damages, and to make a true report thereof, according to the best of their ability and understand- ing. They shall enter upon the performance of their duties without delay, and shall give notice of the time and place of their meeting to make such ascertain- ment and determination by publishing the same once in each week for two successive weeks in the official paper. If either of the commissioners shall be unable to serve from sickness or other cause, the common council may, at any time, without notice, make appli- cation to the court in which the proceedings are pending, to have some suitable person appointed in his stead, and such court shall thereupon make such appointment. At the time and place so appointed for their meeting, the commissioners shall view the premises, and receive any legal evidence, and may, if necessary, adjourn from day to day; they shall ascertain, determine and award to the owner or owners of, or other persons interested in said lands, so claiming damages as aforesaid, such damages as, in the judgment of said commissioners, such owner or owners or other persons interested will sustain by such improvement, after making due allowance for any benefit which such owner or owners or other persons interested may derive therefrom. If there be any building on the land taken for such improvement, the value thereof to remove shall be ascertained and determined by the commissioners, and stated in their return, and the owner thereof may remove the same within ten days, or such other time as the common 150 Laws of the City of Cohoes. [Title X f. council may fix, after confirmation of the return of the commissioners, and if the same be so removed, such value thereof shall be deducted from any damages Proceed- awarded to said owner. The determination of the iri^s upon . the deter- commissioners, signed by all ot them, shall be returned mination of ' sione°rT mis " to common council aad filed with the clerk within sixty days after their appointment, whereupon the common council shall cause to be published in the official paper for two successive weeks a notice that such report has been filed with the city clerk, and may be examined by all persons interested ; and that at a time and place to be specified in said notice said report will be presented at a special term of the supreme court to be held in the judicial district in which said city is situated, or the county court of Albany county, for confirmation and that all persons desiring to object to said report shall file their objections thereto in writing, with the city clerk, at least five days before the day specified in said notice for such motion for confirmation. Any party who may have appeared in the proceedings shall be entitled to notice of such motion in accordance with the rules and practice of the court. On the day specified in such notice, or on such other day as the court may designate, the court shall hear the parties in regard to said report and shall confirm such determination or annul the same. If said court confirm the same, it shall be final and conclusive, but if it annul the same, it may refer the matter back to the same commissioners, or to three others to be appointed by said court, who shall proceed in all things in the making and return of the second determination as though it were the first, and the same proceedings shall be had thereon as if it were an original determination. After the final confirmation of any such determination, and the filing of the order of confirmation in the office of the city clerk, the common council is authorized to cause such impro- vement to be made and completed and the amount of Title XL] Revised Charter. 151 every award of damages so made and confirmed, as well as all other expense of such improvement, shall be a valid liability against said city, and payment thereof may be enforced against it by tax, assessment or both, as provided in the next section ; and the court upon the final confirmation of any such award of damages may direct that the amount thereof, when collected, be paid to or deposited in some specified bank of the city of Cohoes to the credit of the person entitled thereto, and such payment or deposit shall discharge the liability of said city therefor. § 7. The commissioners appointed as aforesaid shall £°™p f e ^ be allowed five dollars each for every day actually and missioners necessarily employed in and about the duties, and such compensation and the charge of surveyors and other necessary cost and expenses, which charges, costs and expenses shall be audited and the amount thereof fixed and determined by the common council shall be considered a part of the expense of such im- provement, and shall be assessed and taxed with the damages hereinbefore mentioned. The common council, Apportion- whenever any of the public improvements mentioned S e P n ense of , , . improve- m the last section is to be made, shall determine what £ en " portion, if any, of the expense thereof , including such k°"* M * on - damages, ought to be paid by special" tax upon the city at large, and what portion, if any, ought to be paid by local assessment; and shall direct that the whole expense to be paid by local assessment be assessed upon all the lots and parcels of land to be benefited thereby, in proportion to the benefit which each will derive therefrom; and the assessors, upon being Duty of notified by the common council so to do, shall forth - to such with proceed to make a special assessment and certi- SS ve " ficate, entering therein, in separate columns, the names of all persons assessed, the description of all lots and parcels of land assessed, and the amount each shall be assessed, assessing justly and equitably upon each parcel of land and upon each owner thereof respect- 152 Collection of assess- ment for improve- ments. La.ws of the City of Cohoes. [Title XI. ively, such portion of said expense to be paid by local assessment, as shall be in proportion, as nearly as may be, to the advantages which each shall be deemed to receive by the making of such improvement. Upon the completion of said assessment and certificate, the same shall be subject to review and to the like pro- ceedings in reference thereto as provided in the next, section in the case of assessments for paving, or grading and pa ving streets. A warrant shall be issued for the collection of such tax and the same shall be collected in the manner and with the fees prescribed in this act for the collection of city taxes. paving Subject to the restrictions in this title con- grading, « J tained, the common council shall have power to cause etc., of streets any street, alley, lane, highway or public ground, or any part or parts thereof in said city, to be paved, and if necessary, to be properly graded for the purpose of paving the same, or when deemed expedient to be Expense simply graded. The expense of all such paving, or assessed, grading and paving or grading of public grounds shall be paid by special tax upon the city at large, and collected in the manner, as nearly as may be, and with the fees prescribed in this act for the collection of general city taxes. The expense of all such paving, grading and paving or grading of streets and other ways and places shall be defrayed by special tax, one-half thereof upon the city at large and one- half thereof upon the real estate adjacent and con- tiguous to that part of the street or other way paved, graded and paved or graded, and upon the owners thereof according to the number of lineal feet of such real estate owned by each person along such street or way, except that the city at large shall be taxed for and shall pay the expense of paving, grading and paving or grading the crossings of streets and other ways, and except that every street railway now or hereafter operated in said city shall be taxed for and shall pay the expense of paving, grading and paving Title XI.] Revised Charter. 153 or grading that portion of every street or other way paved, graded and paved or graded, covered by its road, and a space two feet in width outside of and adjoining its track on either side ; and no part of the expense of paving, grading and paving or grading any street or other way, or part of a street or other way, shall be taxed npon lands not adjacent and con- tiguous to that part of the street or other way paved, graded and paved or graded, except as herein other- wise provided. When the common council shall 1 Lave Special as- , . . sessments caused any street or other way to be paved, graded and certifi- and paved or graded, the assessors, upon being notified by the common council so to do shall forthwith proceed to make a special assessment and certificate, entering therein the names of all owners of land adjacent and contiguous to that part of the street or other way paved, graded and paved or graded, and the name of every street railway operated on such street or other way, and designating therein the parcels of such land owned by non-residents, according to their best knowledge and information. They shall make a just and equitable assessment of the proper proportion of the expense of such paving, grading and paving or grading against such lands and owners, and against such street railway, if any, operated on such street or other way, assessing upon the several parcels of real estate adjacent and contiguous to that part of the street or other way paved, graded and paved or graded, and upon the respective owners thereof, such portion of the whole of said expense to be so assessed as shall be proportionate to the number of lineal feet of such real estate owned by each person, and upon said street railway the portion of said expense herein- before mentioned, and shall enter in said certificate a brief but careful description of each parcel assessed and the sum assessed upon it. When such certificate Meeting for is completed they shall fix the time and place of o? r slme° n meeting to correct the same and shall give notice 154 Laws of the City of Cohoes. [Title XI. of such meeting, stating where such certificate can in the meantime be seen and examined, by publishing such notice at least once in the official paper. At the faring ^of time and place so appointed, said assessors shall meet grieved. an( ^ near a r] persons appearing before them who shall feel that they are aggrieved by said assessment, and after such hearing shall make such corrections, if any, in such certificate, as will, in their judgment, render such, assessment more just and equitable. When such certificate shall thus be corrected or when the assessors, after such hearing, shall have determined that it needs no correction, they shall deliver the same ?ertificltes f an( ^ a duplicate thereof, both of which shall be signed to council, a majority or by all of them, to the common council, within twenty days after their first meeting to make the assessment, but such time may be extended before ng D y the common council. Any person conceiving council. himself aggrieved by said assessment shall have the right to be heard in relation thereto before the common council at its first regular meeting after delivery of the certificate as aforesaid, and at its second regular meeting after such delivery the common council shall co p u P n e ty ls to either confirm or annul such assessment. If it confirm judge. same5 an y person who shall conceive ' himself aggrieved thereby may appeal to the county judge of Albany county, within the time and in the manner, as nearly as may be, provided by law for appeals from determination of commissioners of highways in laying- out roads, but if it annul the same, all proceedings of the assessors in relation thereto shall be void, and new proceedings may be taken in the matter in the manner frs e t e o h ac d t"in provided in this section. If the assessors, or any or assessors, either of them, be interested in property liable to be affected by such assessment, or be from any cause incapable of acting, the common council may appoint, in place of each assessor thus disqualified, a disin- terested freeholder of said city, residing therein, to perform the duties of such assessor in making such Title XI.] Revised Chakter.. 155 assessment, and every such freeholder, before entering upon the performance of said duties, shall take and subscribe an oath to make the assessment faithfully, honestly and impartially, according to his best judg- ment. When any such assessment shall be finally Duplicate confirmed by the common council or other competent £S?%£* tribunal, the duplicate certificates thereof herein- before mentioned shall be thereupon filed with the clerk and shall both be deemed originals, to the one of which shall be annexed the warrant for the collection warrant of said taxes, and the other a copy of said warrant, uontf 160 " with a receipt of the chamberlain for such certificate taxes ' and warrant. The compensation of such freeholders compensa- tor their services under this section shall be fixed by SSSi?i free " the common council and by it added to and made a part of said assessment, and the whole amount assessed shall be collected in the manner and with the fees prescribed in this act for the collection of general city taxes. When the grade of a street or other way Change of has been established by the common council, and the ° street or other way graded accordingly, the grade thereof shall not be changed, except upon petition of the owners of more than one-half of the lineal feet of real estate adjacent and contiguous to that part of the street or other way to be regraded, and a majority of the owners of such real estate, nor unless compen- sation be made to persons damaged by the regrading, such compensation to be determined by agreement or Damages by three commissioners to be appointed by the county m°ned. eter ' court of Albany county, or by the supreme court, and who shall take the oath required of commissioners in section six of this title, and view the premises and take all legal evidence. Said commissioners shall make a report of their proceedings to the court by which they were appointed, which may confirm said report or may set it aside and appoint new commis- sioners whose award shall, if confirmed by said court, be final. Said court shall have general jurisdiction of 156 Laws of the City of Cohoes. [Title XL the proceedings, and the same shall proceed in Awards accordance with the rules and practice of such court, how collect- -, , , ed r and J and when any such award shall be conhrmed by the enforced. court, the amount thereof shall be a valid liability against such owners of real estate adjacent and conti- guous to that part of the street or other way regraded, and may be enforced against them in the manner in this section provided for enforcing collection of the expense of paving, grading and paving or grading of contracts, streets. All grading of streets shall be done by con- tract to be let as provided in the next section. (As amended by § 9, Chapter 604, Laws of 1893.) paving to § 9- All paving, and grading and paving, authorized tis e ed d f V or r " by the last preceding section shall be advertised for contract, y such time as the common council may direct, and shall be done by contract, to be let to the iowest bidder for the same, unless the common council shall deem it for the best interests of the city to reject all bids made. If, at any time, no satisfactory bid shall be received, the common council may cause such work to be done under its supervision at an expense not to exceed the usual or ordinary cost of labor and materials. No bid shall be accepted by the common council unless accompanied with a bond to the city of Cohoes in such penalty and with such sureties as the common council shall approve, conditioned that the bidder will accept and execute a written contract and specifica- tions for the doing of such work, and for the full performance thereof in accordance with such contract and specifications, in case it shall be awarded to him, which sureties shall justify in an amount equal to the penalty of the bond. Said bonds shall be so given after proper specifications shall have been made and filed in the city chamberlain's office, and after notice of such letting has been published at least once in the official paper. The notice need not contain the speci- fications, but may refer to them on file. Title XL] Revised Charter. 157 § 10. Except as provided in this section, no street ^paved 1 to shall be paved by said city unless the owners of more exce P tu P° n petition, etc. than one-half of the lineal feet of the real estate adja cent and contiguous to that part of the street proposed to be paved, and a majority of the owners of such real estate, petition the common council therefor; and such paving shall be ordered only by concurring vote of two-thirds of all members of the common council in office. But the common council, by a like vote, shall ? e et maybe have power, without such petition, when the public y2rw5h- h convenience so requires, to pave, or cause to be paved, Son petl ~ not exceeding one thousand lineal feet in any one year, of any of the public streets of said city. The expense of such paving shall be paid, and the proceedings therefor shall be conducted, in the same manner as provided in the last two sections for the paving of streets. Whenever the common council shall have Notice to determined to make any of the public improvements intSSted ° x parties, of mentioned m the sixth, eighth and this section of this hearing of ' ° arguments title, and shall also have determined the other matters a° r ai ? n r st to be contained in the nolice required by this section, S ve " it shall publish, at least twice, in the official paper, a notice to all persons interested in such improvement, appointing a place and time, not less than two weeks after the first publication, for the hearing of arguments for or against such improvement. Such notice shall precede any other public notice required in the pro- ceedings affecting such improvement, and shall contain contents a brief description of the improvement proposed and, ° in the case of improvements mentioned in section six of this title, a description of that part of the city which, in the opinion of the common council, will be benefited thereby, together with a statement of what portion of the whole expense, if any, ought, in its opinion, to be paid by local assessment upon the part of the city so benefited. / 158 Laws of the City of Cohoes. [Title XI. sidewalks, a \\ The common council shall have power to construe- ° - 1 - uon, etc., require sidewalks to be constructed, made, paved, flagged, curbed, guttered, repaved, reset, amended or repaired by the owners of lands adjoining such side- walk or proposed sidewalk, and to require any such improvement, act or thing to be made or done in such manner, at such times and of such material as it may prescribe and direct; and in exercising such power it shall take the steps required by the next succeeding section of this title. The common council may at any time, instead of making such requirements of the owners, cause such improvements, act or thing to be made or done at an expense not exceeding the regular or usual prices of labor and materials for such purposes, and may assess and collect such expense in the manner provided in said next succeeding section of this title. The improvements mentioned in this section shall conform to the grades established or to be established before such improvements are made. Resolution § 12. The commoii council shall specify in every to specify . . manner,etc. resolution requiring any ot the improvements, acts or work. things mentioned in the last preceding section of this title, in what manner, within what time, and of what materials the same must be made or done. Except as Resolution HI this section otherwise provided, it shall cause such on owners, resolution to be served, within said city at least ten how. 17 days before the expiration of said specified time, by delivering to and leaving with the owner of each parcel of land adjoining such sidewalk, or proposed sidewalk, personally, a true copy thereof, with a notice that if the same is not done by such owner within said spec- ified time, it will be done by the common council at his expense. If the owner be a resident of said city, like service of such resolution and notice at his resi- dence upon any member of his household of suitable age and discretion shall be sufficient. If the owner be a non-resident of said city, such resolution and notice may be served in the same manner upon any Title XI.] Revised Charter. 159 occupant of the premises of suitable age and discre- tion, or by depositing a copy of such resolution and notice in the post-office in said city, properly inclosed, post-paid and directed to such owner at his place of residence, or, if his place of residence be unknown, by posting them in conspicuous place on such estate or premises and any such service shall be sufficient. In all cases of service under the last preceding sentence of this section, double time shall be allowed in which to do the act or thing required. In addition to anv Publication • ._ ' . ■ r of resolu- such service, the common council shall cause such^n resolution and notice to be published at least once in the official paper. Affidavits of the service and pub- lication of said resolution and notice shall be filed and recorded in the office of the city clerk, and said affi- davits or the record thereof, or a certified copy of either, shall, in all courts and places, actions and pro- ceedings, be prima facie evidence of the facts therein stated. In case any such improvement, act or thins: when the x ° work is not so required shall not be made, done or completed done b y 1 owner within the term so specified, the common council ^ n e J me shall have power to make, do or complete the same, coSSPno and in event of the exercise of such power, to dolt ' make a special assessment of the expense thereof ^SpSnse against the delinquent owner and upon said adjoining of work lands owned by him, assessing upon each parcel or lot of land immediately adjoining such improvement, a just proportion of the expense thereof and of making- said assessment ; and said assessment from the time of filing the certificates thereof, shall be final and con- clusive .upon all persons affected thereby. Said com- mon council shall make and file with the clerk dupli- cate certificates of such assessment, both of which shall be deemed originals, to one of which shall be attached the warrant for the collection of said assess- ment, and be delivered to the chamberlain, and to the other shall be attached a copy of said warrant, and the chamberlain's receipt for said certificate and 160 Laws of the City of Cohoes. [Title XI. warrant. The certificates shall contain substantially the matter prescribed in section eight of this title for the assessors' certificate therein required, and shall be signed by a majority of the members of the common council, and the assessment shall be collected in the manner, as nearly as may he, and with the fees pre- scribed in this act for the collection of general city taxes. curb and § 18. The common council shall have power to ft^SSonoT require any curb or gutter to be constructed, repaired, relaid or reset by the owner of premises adjacent and contiguous to such curb or gutter. Should any such requirement be made, it shall be sufficient to serve Notice to upon such owner a notice requiring him to construct, repair, relay or reset such curb or gutter within a time to be specified in such notice, and that, in case of his failure so to do it will be done by the common council at his expense. It shall not be necessary to state in andmanner f such notice any portion of the resolution requiring such improvement to be made, or to make any refer- ence thereto. Such notice shall be served in the man- ner and within the time prescribed in section twelve of this title for service of notice therein required, except that no publication thereof shall be required. The expense of such construction, repairs, relaying or resetting, if incurred by the city shall be paid by the owner to the city chamberlain, on notice or demand so to do, and if not so paid, it may be collected by special assessment in the manner prescribed in said twelfth section of this title. of serving notice. Railroad 8 14. The common council shall have power to companies to do cer- tain work require all railroad companies or corporations Avhose ^f n ]ands lands may be situated within the lines of any street, street lines. j 1 jg] lwa y or public alley of said city to construct all necessary sidewalks and crosswalks, curbs and gutters over and along the same, and it shall be the duty of said corporations or companies in such case, within Title XL] Revised Charter. 161 thirty days after the service of notice by the common council requiring such work to be done, to construct all such necessary sidewalks, crosswalks, curbs and gutters, over or along such lands. If any such rail- road company or corporation shall neglect or refuse for thirty days after the service of the notice aforesaid to cause such work to be done and completed as required by the said common council, they shall for- feit and pay to the city for every subsequent day's neglect or refusal, the sum of twenty-five dollars. § 15. Every tax and assessment imposed under any r -ien of as- of the provisions of this title shall be a lien upon all ^^"0- , . . i.i • vements. real estate against which the same shall be assessed for the time of filing the certificate of assessment with the city chamberlain and for ten years thereafter unless sooner paid. The same percentages and interest Percentage for non-payment shall be added to such taxes and™*™-"* assessments, and the same proceedings for the collec- payment tion of such taxes and assessments and the additions thereto, shall be had as in the case of general city taxes. § 16. Whenever an infant or other incompetent per- p ro ceed- son shall be interested in real estate affected by anyKanT 6 improvement provided for by this title, the county S^inTm- court of Albany county or the supreme court shall piovemenL have power to appoint a guardian, in the name of a guardian ad litem, to protect the interests of said infant or other incompetent person. . Such guardian shall be entitled to receive for his services such com- pensation as the court making the appointment may direct. The county court of Albany county shall be always open for the transaction of any business, or the making of any motion contemplated by this title of this act. § 17. All cleaning and repairing of streets and other Cleaning ways and places shall be done at the expense of the ing streets. city at large. The common council shall have power, 162 ^ Laws of the City of Cohoes. [Title XL supervision whenever it shall deem sucli course expedient and for of certain * work. the best interests of the city, to cause such work and all work required by section forty of title five, to be done under the superintendence of the superintendent of streets and public grounds, and all work mentioned contracts i n section twenty- eight of this title, and the materials for work r 0 Ha d is mate " ne ^ded for such work, or any part of such work or ol such materials, to be done and furnished by contract to be let to the lowest bidder or bidders therefore. The provisions of section nine of this title shall govern of p ?ounc!i the letting of every such contract. Such work shall be performed under the supervision of the said super- intendent and shall be subject to the approval of the property, common council, but nothing in. this act shall be con- etc, not 70 m f^ s a e ^ ess . strued as relieving any person, corporation, associa- ments. tloii, society or property exempt by law from general taxation from liability to assessment and proportionate share of payment for the improvements specified in this title. (As amended by § 10, Chapter 604, Laws of 1893.) Note:— The common council can not be compelled by mandamus to let contract to lowest bidder. See People ex rel, Lynch vs. Aldermen, &c, of N. Y., 11 Abb. Pr. 289. ^jhwa^ § is. It shall be the duty of the chamberlain to fund. annually set apart as soon as the same is collected, ten per centum of the moneys collected for the general city purposes, as provided by title ten of this act, as a highway and bridge fund, which amount shall only be used to defray the expenses of making, repairing and keeping in order the highways, streets, bridges and public grounds of said city. Note:— Concerning the submission to taxpayers of question of construction of bridges within corporate limits, see Article 4 of the general city law, infra. CONSTRUCTION OF SEWERS. sewers, § 19 - Tne common council may construct such don St o r f UC " sewers in the streets and other ways of said city, and through lands not within the line of any such street or Title XI.] Revised Charter. 163 way, as to it may seem necessary and proper, subject to the restrictions contained in this title. § 20. Whenever the common council shall, by reso- Resolution T , . declaring lution, declare its intention to construct a sewer, it intention to ' construct shall specify in such resolution the sizes of the different fZSknT' sections thereof, the points between which the same is p f ubllcation intended to b^ made, the materials to be used in its construction, the manner in which it is to be con- structed, and shall fix the limit or district of assess- ment beyond which the assessment thereof shall not be extended, which resolution shall be published in the official paper at least once in each of two successive weeks, together with a notice to all parties interested, that it intends to construct such sewer in accordance with such resolution. § 21. The cost and expense of every sewer con- cost and structed under authority of this title shall be charged construct- upon and collected from the property benefitted there- hoi'cTarg 5 - . ed and by, m proportion to the benefit which the owners of collected - the several parcels of property derived therefrom, sub- ject, however, to the provisions herein contained. § 22. Any person liable to taxation for such sewer objections may at any time within two weeks after the day of the sentld pr ?tc first publication of such resolution and notice, present to the common council written objections to the con- struction or manner of construction of the same. Before the common council shall order the construe- common tion of such sewer, it shall hear all objections so pre- hea^objec- sented within the time aforesaid, and any legal evi- U< dence which may be given ; and two weeks from the day of the first publication of such notice, the common council shall determine whether or not such sewer shall be constructed, and in case it adheres to its intention as declared in said resolution, it may, at any time thereafter, proceed with the construction of such sewer. 164 Laws of the City of Cohoes. [Title XI. 2ssors f in S ' § 23 • When any sewer shall have been constructed seweTs. ce it shall be the duty of the assessors of the city, under the direction of the common council to determine what property within the prescribed limits is benefitted by such sewer, and subject to the rules herein prescribed, to assess upon such property the cost and expense of its construction, in a just and equitable manner and as nearly as may be, in proportion to the advantages which the several owners of property derive there- from. The common council shall prepare and deliver to said assessors a true statement showing the total cost of such sewers, and such other facts as it shall deem necessary, or as may be required by said assessors. ^nstrTc^ § 24. No sewer shall be constructed in said city siwe?! who unless the owners of more than one-half of the lineal to make, Q ^ rea ^ es t a te adjacent and contiguous to that part of the street proposed to be sew r ered, and a majority of the owners of such real estate, petition to the common vote re- council therefor, and each such sewerage shall be" quired in c? ordered only by concurring vote of two- thirds of all members of the common council in office. common council, Main § 25. The common council shall have power, when- ever in the judgment of a majority of its members the public health or safety requires the construction of a main sewer for the purpose of receiving and carrying off the contents of other sewers in said city, to submit to the people thereof a proposition to construct the same. Such proposition shall state the points between which it proposes to construct such main sewer, the materials to be used in its construction, the property proposed to be taken and appropriated for the pur- poses thereof, and the estimated expense of the same. Election on The vote on such proposition shall be taken at a proposition J- -l Sa^ewer 1 general or special electicn for that purpose ; the bal- lots cast thereat shall be indorsed "sew^r," and shall have on the inside the words "for the sewer" or Title XL] Revised Charter. 165 ' 'against the sewer," and such election shall be con- ducted in the manner, as nearly as may be provided in section two of title ten of this act in relation to tax elections. Every person mentioned in said section, and no other, shall be a qualified voter at the election provided for by this section, and the like notice thereof shall be given. If a majority of the legal votes cast at such election shall be in favor of such sewer, but not otherwise, the common council may at any time thereafter undertake its construction, and for that purpose it shall have power to raise by tax on the city at large in each year until such sewer shall be be completed a sum not to exceed ten thousand dollars, to be expended for such construction and for no other purpose. No petition shall be required in order to authorize the construction of the main sewer contemplated by this section. § 26. In case it should, in the opinion of the com- Right to use lands mon council, become necessary to construct such not inline J of street sewer or drain over or through lands not within the ^Yred.' line of any street or alley, and the consent thereto of the owner or owners can not be obtained, the right to use such lands for such purpose shall be obtained and the damages of the owner or owners ascertained and assessed upon the owners of lands benefitted by such sewer, in proportion to such benefits, and collected in the same manner, in all respects as in case of land authorized to be taken for the purpose of a street, as provided for by sections six and seven of this title. § 27. Nothing in this title contained shall be con- This tide not to pre- strued to prohibit or prevent the determination, ventse " le - x 7 ment of ex- liquidation, settlement and payment of the expense of J^S^em, any sewer by agreement of the common council and etc property owners. § 28. A 11 cleaning and repairing of sewers shall be cleaning, clone at the expense of the city at large. sewers. 166 Laws of the City of Cohoes. [Title XII. Assessment § 29. Whenever an assessment is made pursuant to upon farm m lands. the provisions or this title, upon the whole real estate of the city, the same rate one-half exemption of farm lands shall be observed, as provided in the case of general city taxes. Chamber- § 30. After any work, authorized by this title, under lain to pay <> -i • -i • , i • -i i contractors, contract, the cost ot which is to be paid by assessment how. ' * J or apportionment, shall have been completed and accepted, and the assessment and apportionment con- firmed, as required by law, and proof thereof shall have been tiled with the chamberlain, the said cham- berlain is hereby authorized and directed to pay to the contractor or his assigns, from time to time, as such assessments and apportionments are collected, with the interest collected thereon, the sum or sums due for the work done under said contract. sums to be § 31. All sums directed by this title to be raised by raised by 0 .J J o? e dty lax s P e °i ai tax upon the city at large, shall be assessed on se°s^ed S " a U r€a l an d personal estate, as in the case of general city taxes, according to the valuation of the same in the last preceding assessment rolls which shall have been returned by the assessors of said city. TITLE XII. CLAIMS AND DEMANDS AGAINST THE CITY. Accounts, Section 1. Every account, claim and demand against claims, etc., . . - _ . -i -i • r? how pre- the city, including accounts and claims tor services sented. rendered or moneys expended by any officers of said city, which would be valid claims against a town, if rendered or expended by officers thereof, shall, except as otherwise provided by this act, be presented to the common council, itemized and in writing, and shall be verified by the affidavit thereon, or thereto annexed, of the claimant or other person to the effect that the services were rendered, the disbursements made or the articles furnished, or otherwise proving the facts constituting the claim ; that no payment has been Title XII.] Revised Charter, 167" made thereon, except as stated therein, and that no item has been audited by the common council. Such account or claim shall be thereafter referred by the common council to a standing committee, consisting of one alderman from each ward, to be called "com- "Commit- mittee on auditing accounts." Said committee shall auditing ac - counts." inquire into the justice of such account or claim, may send for and compel the attendance and production of persons, books and papers, and may examine the claimant and others on oath in relation thereto. Said committee shall report to the common council favora- bly or unfavorably, in whole or in part, all accounts referred to it, and, if unfavorably, give its reasons therefor, and the common council shall then pass upon the same as a board of auditors, and for that purpose shall possess the powers and be subject to the duties of town auditors. The account, claim or Accounts, demand shall be numbered and filed by the clerk, numbered, J 7 etc. and a brief entry of the name of the claimant, number, nature and amount of the claim, the date ot audit and the amount allowed thereon, shall be made by him in a book provided with appropriate columns, to be kept by him for the purpose. The common council shall ^Trawn, direct a warrant to be drawn on the chamberlain for etc the amount of said claim or portion thereof allowed by it. Such warrant shall specify the registered num- ber of such claim, the fund out of which, and the per- son to whom, it is to be paid, and the date of the resolution directing the drawing of the same in default of which the chamberlain shall refuse to pay such warrant, and no claim shall be audited by the common council, except in the manner specified in this section. In case the common council shall disallow any claim, or allow but a part thereof, its decision shall be a bar to the claim disallowed, or the part not allowed, unless an action shall be commenced against the city thereon within six months from the time the same was audited. And no action against the city on a 168 Laws of the City of Co hoes. [Title XIII. Action contract, obligation or liability, express or implied, against city . . to be com- snail be commenced, except within one year alter tne menced 7 L ^ within one cause G f such action shall have accrued. year. Note:— The limitation mentioned in the last section does not include actions for torts, and so does not apply to claims for damages for negligence. See McGaffin vs. City of Cohoes, 74 N. V., 387. Costs will not be awarded plaintiff in action to recover money judgment unless claim is presented to auditing board or chief fiscal officer, at least ten days before commencement of action. See § 3245, Code Civil Procedure. be°with m to § 2- No claim against the city which has been pre- drawn from sen ted to the common council to be audited shall be withdrawn from the tile, and it' the clerk knowingly suffers the same to be done the common council may impose upon him a fine not to exceed twenty-five dollars. costs § 3. No costs shall be recovered against the city in against " cit y any action brought against it for any unliquidated claim which has not been presented to the common council to be audited. Nor shall costs be recovered against the city in any action upon any unliquidated claim which shall have been allowed in part by the common council unless the recovery shall be for a greater sum than the amount allowed by the common council, with the interest thereon from the time it was allowed. Note: — As to mode of service of summons on city, see § 431, Code Civil Procedure. As to form of venire when action is between two cities, see §, 2992, Id. As to costs in action, etc., in name" of the people of the state for benefit of the city, see § 3243, Id. TITLE XIII. MISCELLANEOUS PROVISIONS. city re- Section 1. The city of Cohoes shall be regarded as fown d fo a r S a a town, under the provisions of article second of title jurors. 0 third of chapter tenth of the Code of Civil Procedure, respecting the return of jurors; and the supervisors and city clerk shall perform the duties therein enjoined upon the supervisor, town clerk and assessors of the Title XIII. ] Revised Charter. igg several towns. A duplicate list of the jurors returned by them, shall be tiled with the city clerk. § 2. Each ward of the said city shall be regarded aS Each ward a town, under the fourth article of the fourth title of E ?5? as the eleventh chapter of the first part of the Revised p^p^es. Statutes; and the supervisors and aldermen of each ward shall be fence viewers, and shall possess all the powers and authority in respect to division fences in their respective wards, which are given by the said article to town fence viewers with respect to division fences. NoTEr-Concerning the duties, powers and compensation of fence viewers, see §§ 124-131 of the town law (Chapter 533, Laws of 1830.) § 3. Any taxes, assessments or indebtedness d Ue Or Indebted- owing to the city of Cohoes, unpaid or uncollected a t£^°^ the time when this act takes effect, shall be collected and enforced by the chamberlain of said city, and said chamberlain for that purpose, is hereby invested with full power and authority to collect and enforce the same under and pursuant to the provisions of this act for the collection and enforcement of taxes or unpaid taxes, or under and pursuant to existing provisions of law. All sums so collected shall be applied to the purposes for which they were applicable at the time of the passage of this act. § 4. All persons at the time of the passage of this Persons in act holding office in the city of Cohoes, whether S!«3£? d elected or appointed thereto, shall continue to hold^£^ m their respective offices until the expiration of the time^^ for which they were elected or appointed, except as herein otherwise provided; and all provisions of this act ^ defining and regulating the rights, powers and duties of all such persons and of the several boards and departments of said city, shall apply to and regu- late the rights, powers and duties of the same after the passage of this act, and the rights, powers and duties of all persons who may hereafter be elected or appointed to office in pursuance of any of the provisions of this act. 170 Laws of the City of Cohoes. [Title XIII. no disquai- ft 5. person shall be an incompetent judge, ification for o x _ Senses .recorder, justice or juror by reason of his being an inhabitant of said city, or liable to taxation therein, in any action or proceeding in which said city is a party, or interested. ordinances ft 6. All ordinances and by-laws heretofore passed continued ■ . in force, by the common council of said city, or by any board thereof, and not inconsistent with this actor with law, shall continue in full force and effect until amended or repealed, as the same were in force and effect at the date of the passage of this act. -person" ft 7 The word "person" as used in this act, shall be defined. " x construed to include all persons, firms, companies, corporations and associations. Expense of o g The common council is hereby authorized and preparing cf how de- instructed to audit and allow as a contingent expense, frayed ' such sum as may be necessary to defray the reasonable and proper expenses of preparing this act for presen- tation to the legislature. This act a fto This act is hereby declared a public act and public act. « " i/2-l shall be construed favorably for every beneficial pur- pose therein contained. Effect of § 10. From and after the passage of this act, all acts uponothers and parts of acts inconsistent with and repugnant to the provisions of this act are hereby repealed ; but such repeal shall not revive any act or part thereof heretofore repealed, and nothing herein contained shall be so construed as to destroy, impair or take away any right or remedy acquired by any act hereby repealed ; and all proceedings commenced under such acts may be carried out as though this act had not been .passed, except as herein otherwise provided. Fiscal year § ll. The fiscal year shall terminate on the third o" accounts. Tuesday in November in each year, and no accounts, claims or demands shall be audited by the common Title XIII. J Revised Charter. 171 council between that time and the first Tuesday after the first Monday of January next. At the close of the fiscal year and at least one week preceding said annual meeting, the common council shall cause to be pre- pared and have then published a full and true state- Annual ment setting forth the amount of taxes and assessments KSn levied and assessed under this act during such fiscal C ° UnClL year, and the purposes for which the same were levied and assessed ; the balance in the treasury at the com- mencement of the fiscal year, and to what funds belonging; the amount collected in the annual tax roll and on each assessment roll during such year, and for what purpose ; the receipts from all other sources, in items, so far as practicable ; also the dis- bursements in items, and from what funds made, with the name of every person who shall have presented any claim against the city which shall have been allowed by the common council or any board of said city with the amount claimed and allowed and the balance in the treasury at the end of the fiscal year, and to what funds belonging. Said statement shall be verified by the clerk of the city as true and correct in every respect, With said statement shall be in- Reports of eluded and published the reports required by the^^t- provisions of this act of the several boards, depart- ^i"ded. be ments and officers of said city. (As amended by § 9, Chapter 625, Laws of 1901. Previously amended by Chapter 604, Laws of 1893, and Chapter 252, Laws of 1895.) CHAPTER 183, LAWS OF 1881. An Act to amend title three of chapter nine hundred and twelve of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the city of Cohoes." Passed May 2, 1881 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. Title three of chapter nine hundred and twelve of the laws of eighteen hundred and sixty-nine, entitled "An act to incorporate the city of Cohoes," is hereby amended by adding thereto a new section, to be known as number twenty-eight, and to read as follows : Liability ft 28 The city of Cohoes shall not be liable for the of city « ^ limited. damage or injury sustained by any person m conse- quence of any street, highway, bridge, culvert, side- walk or crosswalk in said city being out or repair, unsafe, dangerous or obstructed by snow, ice or other- wise, or in any way or manner, unless actual notice of the defective, unsafe, dangerous or obstructed con- dition of said street, highway, bridge, culvert, side- walk or crosswalk shall have been given to the com- mon council of said city, or the superintendent of streets and public grounds of said city at least twenty- 172 cil. Chapter 183, Laws of 1881. 173 four hours previous to such damage or injury All claimsto ... ° v v be presen cJaims against the city for damage or injury alleged mon°co OI n to have arisen from the defective, unsafe, dangerous or obstructed condition of any street, highway, bridge, culvert, sidewalk or crosswalk of or in said city, or from negligence of the city authorities in respect to any such street, highway, bridge, culvert, sidewalk, or crosswalk, shall, within three months after the happening of such damage or injury, be presented to the common council of said city by a writing, signed by the claimant and properly verified, describing the time, place, cause and extent of the damage or injury. The omission to present such claim as aforesaid within said three months shall be a bar to any action or pro- ceeding therefor against the city. No action for such damages or injury shall be maintained unless com- menced within one year from the happening of the same. Every process commencing an action against said city shall be served either on the mayor or cham- berlain of said city, and not otherwise. § 2. This act shall take effect immediately. Note: This section amending - the former charter was originally included in the bill for the revision of 1892, but was stricken out in the legislature. As it is not incon- sistent with the revised provisions, it is not, however, repealed. For construction of the provisions of the foregoing act, see McNally vs. the Citv of Cohoes, 127 N. Y., 350. For the effect of Chapter 625, Laws of 1901, on terms of officers in office at its passaee see § 10 of that chapter. Limitation of action thereon. CHAPTER 696, LAWS OF 1900. An Act concerning the settlement and collection of arrearages of unpaid taxes and assessments in the city of Cohoes, levied or assessed by the board of supervisors of the county of Albany, and impos- ing and levying a tax, assessment and lien in lieu and instead of such arrearages, and to enforce the payment thereof, and to repeal chapter two hun- dred and seventy -four of the laws of eighteen hundred and ninety-six. Accepted by the city. Became a law April 30, 1900, with the approval of the Governor. Passed, three-fifths being present. TTie People of the State of New York, represented in Senate and Assembly, do enact as follows: Examina- Section 1. The assessors of the city of Cohoes shall justment of have power and jurisdiction, and they are hereby arrearages x ™ oftaxes, directed and required in all cases where any tax or assessment levied or imposed, or attempted to be levied or imposed by the board of supervisors of the county of Albany, on any land in said city of Cohoes prior to the thirty -first day of December, eighteen hundred and ninety-seven, remains unpaid and in arrears, to examine into and fix, adjust and determine as to each parcel of land, how much of said arrearages ought, in the way of tax, or assessment in fairness and justice, to be laid, assessed and charged against and actually collected from said land, by reason of any and all the matters and things covered or 174 Chapter 696, Laws of 1900. j. attempted or intended to be covered, or done or attempted or intended to be done in the laying and assessing the said taxes or assessments, so in arrears as aforesaid, and the said assessors in dealing with said arrearages, as matters of fact, according to their judgment, of what shall be fair and just as herein- before directed, shall treat the same without regard to any supposed want of jurisdiction, irregularity or defect in any of the proceedings had for the levying, imposing or confirming any of said taxes or assess- -ments so in arrears. The said assessors shall, within Public** twenty days after the passage of this act, publish in owners, the official newspaper of said city, a general notice requiring the owner or owners of any land in said city affected by any arrearages of said taxes or assessments, and all other persons having any interest in or lien upon said lands, to present in writing to said assessors as hereinafter provided, within sixty days after the passage of this act, their objections to any tax or assessment so in arrears, and any reason why any part of such arrearages should be reduced or remitted. Such notice shall be signed by the said assessors or a majority of them, and shall be published at least three times in each week, for four weeks next succeed- ing the first publication thereof. It shall be the duty service of of such owners or persons having any interest in ora?d te ^- lien on said lands affected by said arrearages and U ° ns ' making such objections to serve upon the chairman hereinafter provided for, within the time specified in said notice, a brief and concise statement of such objections to said arrearages and their reasons why the same or any part thereof should be reduced or remitted, and to serve a duplicate copy of said state- ment on the city attorney of the city of Cohoes within the time aforesaid. Any person who shall file and Hearin s serve such statement and objections within the time aforesaid, shall be heard before said assessors in person or by counsel, if he demand such hearing, in a notice 176 Laws of the City of Cohoes. indorsed on and filed with such statement, which notice shall designate the name and place of business or residence within the city of Cohoes, of a person upon whom notice of such hearing may be served, and such notice of hearing may be served by the clerk, hereinafter provided for, on the person designated, personally, or by letter or postal card, addressed to such person at the place so designated, and deposited in the post office in said city, and an affidavit of such service by the said clerk, when filed in the office of the clerk of the city of Cohoes, shall become a public record, and shall be prima facie evidence in all courts and places of the facts therein stated. The said powers of assessors, whenever they think it necessary, shall have assessors. . power to call before them and to examine witnesses under oath, in relation to all matters concerning taxes or assessments, and it shall be the duty of the said city attorney to assist them in any examination they may make, and in the performance of their duties generally. A majority of said assessors shall consti- tute a quorum for the hearing of any objections or other matters brought before them, and shall concur in the fixing of the amount to be charged upon and against any parcel of land as aforesaid. Any of said assessors may administer oaths or take the affidavit or deposition of any person to be used before them. Arrears of The amount of all said taxes or assessments, for which which ceni- certificates of sale have been given to and are held by ficates are held by city, the city of Cohoes, shall be deemed to be m arrears within the meaning of this section, and to have been so in arrears from the date when said taxes or assess- ments were levied or confirmed, or attempted to be levied or confirmed. Record of § 2. The said assessors shall keep a record of their proceedmgs proceedings under this act, in which shall be entered their determination as to the amount to be charged and assessed upon and against each and every parcel Chapter 696, Laws of 1900. 177 of land as aforesaid, which record shall be filed in the office of the clerk of the said city within ten days after the filing of the certificate with the chamberlain in this section provided for ; and shall, in one certifi- certificate , , . of amount cate certify, under the signatures of a majority of said^ sed assessors, the said amount to the chamberlain of said city ; designating each piece or parcel, by the lot num- ber on some map or maps of which a copy shall then be on file in the office of said clerk, and designating said map, and their determination, as aforesaid in respect thereof , shall be final and conclusive upon all persons owning or having any interest in or lien upon said lands and against all persons whomsoever, and the amount so fixed, determined and certified by them Amount fix- in each case, shall thereupon become and be a valid and Hen S a u P on d binding tax, assessment and lien on the lands so * designated in lieu and instead of all outstanding claims for arrearages of said taxes or assessments levied or confirmed or attempted to be levied or confirmed, prior to the said thirty- first day of December, eigh- teen hundred and ninety-seven, and liens, claims or demands whatsoever, except liens in favor of the United States and taxes, assessments or water rents levied or assessed after the thirty-first day of Decem- ber, eighteen hundred and ninety-seven, and the pro- Disposition ceeds thereof when collected, shall be deposited by of proceeds - chamberlain of said city of Cohoes, to the credit of the contingent fund of the common council of said city, from which shall be paid by said common council the indebtedness of the city of Cohoes to the county of Albany, by reason of all unpaid taxes or- assess- ments levied or imposed by the board of supervisors of said county, prior to December thirty-first, eighteen hundred and ninety-seven ; or the payment of such of the general indebtedness of said city, as the common council thereof shall designate. 178 Laws of the City of Cohoes. Collection § 3. Upon the delivery to the said chamberlain by assessment, sa id assessors of their said certificate, the amount of said tax, assessment and lien so fixed and certified in respect of each and every parcel included in said cer- tificate shall become due and payable, and shall be collected by said chamberlain without interest, if the same be paid within thirty days after the filing of such certificate with him, and if not so paid, with interest at the rate of ten per centum, and if not so paid within three months from the filing of such cer- tificate, with interest at the rate of fifteen per centum. Section. Upon the receipt of such certificate as aforesaid, the said chamberlain shall forthwith give notice in the official newspaper of said city that he has received said certificate, and will collect the several amounts therein stated, with the interest hereinbefore provided for. The said chamberlain shall not be required to make any demand for the payment of said taxes, Account of assessment and lien, and after the expiration of six ti n x p e a s ld etc. months from the filing of said certificate the said chamberlain shall make and prepare an account of the amount of said tax, assessment and lien therein certified, in respect of each and any parcel of land which shall not have been collected or paid, and deliver such account to the common council of said city, to be filed with the clerk thereof. Publication § 4. Upon the receipt of said certificate and account statement 0 f sa id chamberlain of such unpaid taxes, assessment of unpaid . . taxes, etc. an ^ the common council of said city shall begin the publication, in one or more city papers, of a state- ment of the amount of such tax, assessment and lien that remains unpaid as to each and every parcel of land, and it shall not be necessary in the said list nor in the said account or certificate of the chamberlain, nor in the certificate hereinafter directed to be filed with the city attorney, to state the name of the owner of the premises affected, nor to describe the premises Chapter 696, Laws of 1900. 179 affected otherwise than as provided by section two of this act as to the certificate of said assessors. The common council shall continue such publication twice in each week for three successive weeks, and the expense of such publication shall not exceed one dollar for each piece of land therein designated. There shall be added to said tax, assessment and lien on each parcel designated in said publication and collected from the person paying the same the expense of the publication of such parcel. Affidavits of the publi- oV^ubHcl cation of all notices and all other matter required to tion - be published by the provisions of this act, made by some one of the respective publishers of each of said newspapers, or by some person in the employ of such publishers having cognizance of such publication may be filed in the office of the clerk of said city, and shall thereupon become public records, and shall be prima facie evidence in all courts and places on the matters stated in such affidavits. § 5. At the expiration of six months from the certificate completion of the last mentioned publication the said t^sfS., chamberlain shall certify in one certificate to the city attorney, attorney of said city of Cohoes the amount of such tax, assessment and lien in respect of each and every parcel of land which shall not then have been col- lected or paid- and such certificate shall be counter- signed by the mayor and clerk of said city, respect- ively, and when so countersigned shall be presumptive evidence of the regularity of all the proceedings required by the provisions of this title; to be taken before delivery of the account and certificate to the said city attorney. The said attorney, upon the Action for receipt of such certificate, properly countersigned^^nTnd shall forthwith bring an action in any court having" jurisdiction in an action for the foreclosure of a mortgage of a like amount upon lands situate in said county, and against the owners and mortgagees of the sale of lands. 180 Laws of the City of Cohoes. lands affected by such tax, assessment and lien, and all persons having a specified lien or incumbrance thereon, as shall appear by the records of the office of the clerk of Albany county, for the foreclosure of the lien of said tax and assessment described in said cer- tificate, and said court shall have jurisdiction in said action, and in default of payment of said tax, assess- ment and lien within such time as may be fixed by the court for the payment of the same, may order and enter a judgment for the foreclosure of said lien, and may direct the sale of the premises for the payment of said tax, assessment and lien and the interest thereon and the expense of the publication heretofore directed and the costs of said action. The order aforesaid fixing the time within which said tax, assess- ment and lien shall be paid shall be entered in the office of the clerk of the county of Albany, and a copy thereof served upon such persons as appear in said i P n r °b C in d " ac ti° n > or their attorneys. The course of proceedings action. j n sa j ( ^. ac tion down to and including the sale and confirmation thereof shall be analogous to those in an action for the foreclosure of a mortgage on real prop- erty, and shall conform to the procedure and rules of court prescribed therefor, except as herein otherwise provided. All actions brought in pursuance of this section, and all proceedings and appeals therein, shall have a preference in all courts in the same class and with the same effect as in actions in which executors or administrators are sole plaintiffs or sole defendants. All persons having any lien upon or interest or estate in said property, and any person entitled to redeem the same for such unpaid tax, assessment or lien, and all parties defendant in said action, and all parties defendant duly served with process, shall be barred and foreclosed of and from any lien upon or interest or estate in said property by the sale of the property under the judgment in such action. Chapter 696, Laws of 1900. 181 § 6. The city shall be entitled to recover the neceS- Costs and sary actual disbursements made in each action, and nJen?s Se " costs as herein provided. When judgment is taken by default the costs taxed shaJl not exceed ten dollars, except where the amount shown to be due by said certificate, including interest, shall exceed fifty dollars, in which case th.p costs taxed shall not exceed the sum of twenty-dollars. Where the action, how- ever, is settled before judgment, there shall be allowed as costs to the city, only one-half of the above pre- scribed sums. When the owner of the fee of the property shall interpose an unsuccessful defense to the claims of the city, the same costs may be awarded to the city as would be allowed in a similar action to foreclose a mortgage, except that no percentage shall be allowed. When any other party defendant shall interpose an unsuccessful defense, the same costs as against the owner of the fee may be allowed, and a personal judgment may be entered against such defendant. When any party defendant shall success- fully interpose a defense to the claim of the city, he may be awarded the same costs as would be allowed him in a similar action to foreclose a mortgage on real property, and judgment therefore shall be entered against the city. When judgment of foreclosure and gj|j 8 of sale shall be ordered in such action, it shall direct the chamberlain or the clerk of said city to act as officer to make the sale, but he shall not be entitled to any fees for such service. On every such sale the city attorney shall bid for the city the amount of the judgment, together with the interest thereon and the expenses of the sale, and if no further bid is received the property shall be sold to the city of Cohoes. The sale shall be made subject to all city taxes, assess- ments or water rents levied or imposed after Decem- ber thirty -first, eighteen hundred and ninety-four, and all state and county taxes levied or imposed after 182 Laws of the City of Cohoes. December thirty-first, eighteen hundred and ninety- seven, and liens in favor of the United States which are a lien at the date of the sale. The lien of all state and county taxes, or assessments levied, on lands so sold prior to the thirty-first day of December, eighteen hundred and ninety-seven, shall be extinguished Title of thereby. The title of the purchaser upon said sale purchaser. ^ ^ ^ be defeated by reason of any irregu- larity or formal defect in the procedure taken under this act for the imposition or levying of said tax, assessment or lien. payment of a 7 At anv time after such tax or assessment has tax before c J ow a ne S r aleby oecome a lien u P on an y parcel or land, and before the mortgagee, £ na j gale unc t er tne judgment of foreclosure, the owner of the fee of the property, or any person having a lien by mortgage or judgment thereon, may pay said tax or assessment, with the interest, costs and expenses thereon, to the officer of the city having the same for- Assignment collection, and thereupon an assignment of said tax and assessment shall be executed to said person, if a mortgagee or judgment creditor, and he may add the amount so paid to his lien, and enforce the same with do e n e by P " interest as a part thereof. In case of two or more mortgagee. mort g a g e or judgment liens upon the same property, the holder of the prior mortgage or judgment shall have the right within the time aforesaid to redeem the premises from such tax or assessment if an assignment thereof shall be held by the holder of a subsequent mortgage or judgment. chairman § 8. The said assessors are hereby authorized, ofassessors. ^.^^ and re q U i re d to appoint one of their number as chairman, and to file with the clerk of said city of Cohoes, within ten days after the passage of this act, a certificate of such appointment, signed by a majority of them. At the time of the filing of such certificate of appointment as aforesaid, the person so appointed Chapter 696, Laws of 1900. 183 shall file with said clerk of the city of Cohoes a state- ment of his place of residence or business in said city of Cohoes, where all notices and papers required by this act to be hied with his or with said assessors may be served upon him, and all notices and papers pro- vided by this act to be served on said assessors, if so served upon said chairman, shall be deemed to be served upon said assessors. Said assessors are alsocierk. authorized, directed and required to appoint one of their number as clerk, and file a like certificate with the clerk of the city of Cohoes. • § 10. Chapter two hundred and seventy-four of the Repeal, laws of eighteen hundred and ninety-six is hereby repealed. § 11. This act shall take immediately. CHAPTER 883, LAWS OF 1896. An Act to authorize the appointment of 'an additional assistant district attorney for Albany county. Became a law May 26, with the approval of the Governor. Passed, a majority being'present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Appoint- Section 1. The district attorney of the county of additional Albany is hereby authorized to appoint an additional att S o S rne n y. assistant district attorney for said county, who shall be a resident attorney of the city of Cohoes, and receive an annual salary of twelve hundred dollars, to be paid in the same manner as the salary of the present assistant district attorney of said county. '§ 2. This act shall take effect immediately. improve- ment com- missioners. CHAPTER 227, LAWS OF 1898. An Act to create a public improvement commission in and for the city of Cohoes, and define its powers and duties. Accepted by the city. Became a law April 12, 1898, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Within twenty days after the passage Public of this act the mayor of the city of Cohoes shal], with = the advice and consent of two-thirds of the common council of said city, appoint four freeholders of said city to be commissioners, who shall constitute a com- mission to be known as ''the public improvement commission of the city of Cohoes." § 2. The term of office of two of such commission- Terms of ers shall expire on the first day of January, nineteen SK&; hundred and one, and the other two, the first day of January, nineteen hundred and four, and there- after, and upon the expiration of their respective terms, their successors shall be appointed for the term of six years, in the manner described in section one of this act for the appointment of commissioners. The mayor in making such appointments, shall desig- nate the term for which each commissioner shall serve. Each commissioner shall continue in office until his 185 186 Laws of the City of Cohoes. successor shall have been appointed, except as herein Removals otherwise provided. Any of such commissioners may for cause. ^ remove( j f rom office for cause by the common council of said city, by a two-thirds vote thereof, upon charges preferred in writing, and served upon the commissioner against whom the same are preferred, and after a reasonable opportunity to be heard on his vacancy in own behalf. When a vacancy occurs in the office of ° ffice ' commissioner, caused by death, resignation or removal , the same shall be filled immediately by appointment in the manner provided for by section one of this act for the appointment of commissioners. The person so appointed shall continue in office during the unex- pired portion of the term of the person whom he No compen- succeeds. The commissioners shall receive no com- pensation for their services as such commissioners, nor shall any individual disbursements be audited by said commission or the common council of said city. official § 3. Each commissioner, before entering upon the ° ath duties of his office, shall take and subscribe' an oath to honestly and faithfully discharge the powers and duties conferred on him by the act, and file the same with the clerk of said city. The common council of said city shall provide the said commission with office chairman, room. Said commission shall organize by the selection Quorum, of one of their number as chairman. A majority of the members of said commission shall be necessary for the transaction of the business, but less than a majority may regularly adjourn from time to time. All contracts requiring an expenditure of money shall be made with the concurring vote of three of such commissioners. Powers of § 4. Said commission shall have power subject to the restrictions in this act contained : Laying out, vs Subdivision 1. To lay out, make, grade and regrade streets, alleys, lanes, highways, parks and public grounds in said city, and to alter, widen, Office room Vote on contracts commis sion. etc., of streets Chapter 227, Laws of 1898. 187 contract, straighten and extend the same, and to estab- lish and re-establish grades for the same. (As amended by §1, Chapter 213, Laws of 1900.) 2. To construct and lav trunk and main sewers, sewers, 1 drains and drains and receiving basins at such times or places as basins - in their judgment shall or may be necessary and proper. 3. To cause any street, alley, lane, highway, park f e av a ^ or or public ground, or any part or parts thereof in said city to be paved or repaved, and, if necessary, to be properly graded or regraded,for the purpose of paving or repaving the same, and to establish and re-estab- lish grades for the same ; and to construct any and all curbstones at the curb line which it may deem neces- sary for properly paving and repaving. 4. To enter upon any lands within the limits of the ^7 upon proposed improvement, for the purpose of surveys or for examinations, or for such other purposes as may be required to carry into effect the provisions of this act. 5. To appropriate and use for the purpose of the of proposed improvement, all earth, stone, or other materials - things obtained in the prosecution of said work, and to dispose of such as shall not be required for that purpose in such manner as they may deem proper. 6. To advertise for proposals and contract to andf r °p° sals with the lowest responsible bidder, in the name of the contracts - 4k city of Cohoes," for any part of the work under their charge, at such prices and upon such terms and conditions as the said commission may deem proper, and to require security from bidders, that they will enter into contract, if awarded to them, and require from, contractors such security for the faithful per- formance of their contract, as said commission may 188 Laws of the City of Cohoes. deem satisfactory. All contracts made by said com- mission shall be executed by the chairman thereof in the name of the "city of Cohoes" by himself as chair- man of the public improvement commission of the city of Cohoes. (As amended by § 1, Chapter 550, Laws of 1899.) Rules and 7. To adopt and amend, from time to time, such regulations. rules and regulations as they may deem proper tor the government of their body, and to make and enforce such rules, regulations and restrictions as ' they may deem proper for the guidance and direction of the contractors, agents and employes engaged in any of the improvements done under this act. Employees To employ an engineer, attorney, clerk and such assistants, 0 th er assistants as they may deem necessary. Appro- 9. To take and appropriate in the name of the "City priation of lands and 0 f Cohoes, " by purchase or as herein otherwise pro- property. ' r x vided, all land and property necessary for any of the public improvements provided for by this act. and station house. city haii io. To have the care, custody, control and manage- building . ment of the city hall building and station house con- nected therewith, and the grounds owned by the city of Cohoes surrounding said building and connected therewith, to employ all persons necessary to care for, and manage said building; to purchase coal, fuel and other things necessary for the proper heating of said building and the management thereof ; and from time to time to make such repairs and improvements to said building and grounds as in their judgment they shall deem necessary. Proceed- § 5. When said commission shall have determined ings for . ' -, 1 taking to lay out, alter, widen, straighten, extend, make, lands for y ' 1 7 CJ open or construct any street, alley, lane, highway, park, place or public ground, and to take and appro- priate the land necessary for the same, and shall have lands for street purposes Chapter 227, Laws of 1898. 189 ascertained the estimated expense of such improve- ment aside from the damages hereinafter mentioned, and shall have determined to have assessed such expenses and damages in the manner hereinafter pro- vided, it shall give notice of such determinations to Notice to the owner or owners of and other persons interested SSfSted. in the lands so proposed to be taken and appropriated, by publishing the same once in each week for four successive weeks in the official paper of said city, and by personal service either in or without the state, upon each of said persons at least- fifteen days prior to the time of the application here- inafter mentioned. Said notice shall specify in genera] terms the improvements to be made and shall describe the lands proposed to be taken and appro- priated therefor, and shall state that such owner or owners and all persons interested in said lands may on or before a day to be specified in said notice, file with the clerk of said city their claim for damages, if any they have, on account of such taking or appro- priation, and that in case any such claim for damages shall be filed, the said commission will apply at a time and place to be specified in said notice to a special term of the supreme court within the judicial district in which said city is located or to the county court of the county of Albany, for the appointment of three commissioners to ascertain and determine the damages so claimed. If any such claim shall have Ag ree- been filed as aforesaid, the said commission may agree ments with any person, persons or corporation filing such a claim as to the damages such person is entitled to by reason of such taking and appropriation of property, but if it does not so agree then said commission shall A Pp ii- make application to said court at the time and place commit , in said notice specified, for the appointment of such 5 ' 0 "^' commissioners; and any person who shall have filed such claim for damages shall have a right to be heard on the application. Such court shall have power to^ t erof 190 Laws of the City of Cohoes. Qualifi- cation and oath of commis sioners. Notice of meetings. servi lity to successive adjourn the hearing and to exercise general authority over the proceedings in accordance with rules and practice of said court except as herein otherwise j)ro- vided. Said commissioners shall be disinterested freeholders and residents of the county of Albany, and it shall severally before enter- ing upon the performance of their duty take and subscribe an oath faithfully and honestly and impar- tially to perform their duty in making such ascertain- ment and determination of damages, and to make a true report thereof according to their best ability and understanding. They shall enter upon the performance of their duties without delay and shall give notice of the time and place of their meet- ing to make such ascertainment and determination, by publishing the same once in each week for two weeks in the official paper. If either of the commissioners shall be unable to serve from sick- ness or other cause the said commission may at any time without notice make application to the court in which the proceedings are pending to have some suitable person appointed in his stead, and such court shall thereupon make such appointment. At the time and place so appointed for their meeting the commissioners shall view the premises and receive any legal evidence and may if necessary adjourn from day to day ; they shall ascertain, determine and award to the owner or owners of or other persons interested in said lands, so claiming damages as aforesaid, such damages as in the judgment of said commissioners such owner or owners or other per- sons interested will sustain by such improvement after making due allowance for any benefit which such owner or owners or other persons interested may bu e udings 0f derive therefrom. If there be any building on the land taken for such improvement, the value thereof to remove shall be ascertained and determined by the commissioners and stated in their return and the View of premises Award of damages. nation of commis- sioners. presen- tation of report. Chapter 227, Laws of 1898. 191 owner thereof may remove the same within ten days or such other time as the commission may fix, after confirmation, and if the same be removed such value thereof shall be deducted from any damages awarded to said ow T ner. The determination of the commis- Determi- sioners signed by a majority of them, shall be filed with the clerk of said city within sixty days after their appointment, whereupon the said commission shall cause to be published in the official paper for two successive weeks a notice that such report has been Notice of filed with the city clerk and may be examined by all persons interested ; and that at a time and place tb be specified in said notice, said report will be pre- sented at a special term of the supreme court to be held in the judicial district in which said city is sit- uated or the county court of Albany county for con- firmation, and all persons desiring to object to said report shall file their objection thereto in writing with the city clerk, at least five days before the day speci- fied in said notice of such motion for confirmation. Any party who may have appeared in the proceedings shall be entitled to notice of such motion in accord- ance with the rules and practices of the court. On Hearing and con- the day specified in such notice, or on such other day firmation as the court may designate, the court shall hear the parties in regard to said report and shall confirm such determination or annul the same. If said court annul the same, it may refer the matter back to the same commissioners or to three others to be appointed by said court, who shall proceed in all things in the making and return of the second determination as though it were the first, and the same proceedings shall be had thereon as if it were an original determi- nation. After the final confirmation of any such P r g ° s ce a e f ^ r determination, and the filing of the order of confirma- ^madon. lion in the office of the city clerk, the said commission is authorized to cause such improvement to be so made and completed, and the amount of every award 192 Laws of the City of Cohoes. of damages so made and confirmed as well as all other expenses of such improvements shall be a valid lia- bility against such city and payment thereof may be enforced against it by tax, assessment or both, as IwL^dTnd provided in this act; and the court, upon the final expenses, confirmation of any such award of damages may direct that the amount thereof when collected, be paid or deposited in some specified bank of the city of Cohoes, to the credit of the person entitled thereto, and such payment or deposit shall discharge the SSmL- liability of said city therefor. The commissioners ssioners: appointed as aforesaid shall be allowed five dollars each for every day actually and necessarily employed in and about their duties, and such compensation and other necessary cost and expenses, which charges, costs and costs and expenses shall be audited and the amount expenses. x thereof fixed and determined by the said commission shall be considered a part of the expense of such im- Apportion- provement. The said commission whenever any of ment of 1 J expenses, the public improvements mentioned in this section is to be made shall determine what portion, if any, of the expense thereof including such damages ought to be paid by the city at large, and what portion, if Assessment any, ought to be paid by local assessment : and shall upon lands benefitted, direct that the whole expense to be paid by local assessment, be assessed upon the lots and parcels of land to be benefitted thereby in proportion to the benefit which each will derive therefrom ; and the assessors upon being notified by the said commission so to do shall forthwith proceed to make a special assessment and certificate, entering therein in separate columns the names of all persons assessed, the description of all lots and parcels of land assessed and the amount each shall be assessed, assessing justly and equitably upon each parcel of land and upon each owner thereof respectively, as shall be in proportion as nearly as may be to the advantage which shall be deenied to be received by the making Chapter 227, Laws of 1898. 193 of such improvement. The term "commission 1 ' as Terms used used in this section, shall be held to mean "the public d ° " ed ' improvement commission of the city of Cohoes," herein provided for, and the term "commissioners," as used in this section, shall be held to mean the commissioners provided for in this section, to ascertain and award damages. (As amended by §1, Chapter 632, Laws of 1901.) § 6. The said commission shall have power to cause Paving, etc. any street, alley, lane, highway or public ground, or of streets any part or parts thereof in said city, to be paved, repaved, graded or regraded, and if necessary to be properly graded, for the purposes of paving or repav- ing the same, and to construct all necessary curbstones, Curbstones, for the purpose of such paving and repaving, when and wherever the public convenience in their judg- ment requires the same. The expense of the construction of the curbstone to be paid by thehoTpafi abutting property owners, and shall be levied and assessed against such abutting property. Every street railway now or hereafter operated in said city shall be taxed for and shall pay the expense of pav- . ing, repaving, or grading and paving that portion of every street or other way paved, repaved or graded and paved, covered by its road, and a space two feet in width outside of and adjoining its tracks on either side. The balance of the expense of all such paving, repaving, grading and regrading, grading and paving of public grounds shall be paid by the city at large. One-half of all the expense of such paving, repaving, grading and paving of streets and other ways and places, shall be paid by the city at large; and the other half thereof shall be defrayed by special tax upon the real estate adjacent and contiguous to that part of the street or other way paved, repaved, or graded and paved, and upon the owners thereof, according to the 194 Laws of the City of Cohoes. benefit received except that the city at large shall also pay the expense of paving, repaying, or grading and paving the crossings of streets and other ways, and no part of the expense of paving, repaviug, grading or regrading, or grading or paving any street or other way, or part of a street or other way, shall be taxed upon lands not adjacent and contiguous to that part, of the street or other way paved, re- paved, graded or regraded or graded and paved, special except as herein otherwise provided. When the said assessment Certificate commission shall have determined to cause any street or other way to be paved, repaved, graded or regraded, or graded and paved., and shall have entered into con- tract therefor, the assessors, upon being notified by the said commission to do so, shall forthwith pro- ceed to make a special assessment and certificate, entering therein the names of all owners of land adja- cent and contiguous to that part of the street or other way paved, repaved, graded or regraded, or graded and paved, and the name of every street railway operating on such street or other way, and designating therein the parcels of such land owned by non-resi- dents, according to their best knowledge and informa- tion. They shall make a just and equitable assess- ment of the proper proportion of the expense of such paving, repaving, grading or regrading, or grading and paving, against such lands and owners, and against such street railway, if any, operated on such street or other way, assessing upon the several parcels of real estate adjacent and contiguous to that part of the street or other way paved, repaved, graded or regraded, or graded and paved, and upon the respective owners thereof, such portion of the said expense to be so assessed as shall be proportionate to the benefit received by such real estate owned by each person, and upon said street railway the portion of said expense hereinbefore mentioned, and shall enter in Chapter 227, Laws of 1898. 195 said certificate a brief bat careful description of each parcel assessed and the sum assessed upon it. (As amended by § 2, Chapter 213, Laws of 1900.) § 7. The said commission shall have power, and it Plan of shall be their duty to devise and frame a plan of theand erage -, , drainage. sewerage and drainage of the whole of said city, for the purpose of thoroughly draining and carrying off water, filth and other matter proper to be carried off by sewers. They shall also determine and show on suitable maps or plans which they shall cause to be made, the location and course of each sewer and drain and also determine the material of which said sewers and drains shall be constructed. They shall also show on said maps and plans all con- nections to be made with the existing sewers in said city. They shall have power, and it shall be their Location, duty, to determine the location, course, size and grade drains, of such drains as may be necessary to carry off water and refuse matter from houses and vaults in such parts of the city as, owing to their situation, cannot directly obtain drainage by means of sewerage in the public streets, and where such drains shall be con- structed between the lines of adjoining lot owners with what public sewers they shall be connected. The 1 inspection >• -i . '. inn , -, of parts of said commission shall also make thorough inspection 0 ^ and examination of such parts of said city as are not now laid out with public streets passing through them, and they shall lay out such portion with pub- Laying out lie streets not less than sixty feet wide, and cause streltl and maps to be made which shall show the course, width mapS ' and grade of each street so laid out by them ; and also the course, size, and proposed depth of any sewer as nearly as may be which the said commission shall deem it proper should be constructed in such street, whenever the same shall be opened, dedicated or taken for public use. (As amended by § 3, Chapter 550, Laws of 1899.) 196 Laws of the City of Cohoes. Right to § 8. In case it should, in the opinion of the com- lands for . . sewers.etc, mission, become necessary to construct any sewer or how obtained, drain over or through lands not within the line 01 any street or alley, and the consent thereto of the owner or owners can not be obtained, the right to use such land for such purpose shall be obtained and the Damages, damages of the owner or owners ascertained and assessed how ascer- , tainedand upon the owners of land benefitted bv such sewer in assessed. x proportion to such benefit. Such damages shall be ascertained and determined in the same manner as provided by section five, for ascertaining the damages to owners of property taken and appropriated for street purposes. Change of § 9. When the grade of a street or other way has been heretofore established by a resolution of the common council, and the street or other way graded accordingly, the grade thereof shall not be changed unless compensation be made to all persons and cor- porations interested in abutting property, which prop- erty has been made to conform to such established grade, after the passage of said resolution by the Damage^ com mon council ; and no other persons or corporations shall be entitled to any damages for such change of grade. Such damages shall be ascertained in the same manner and the same proceedings taken as pro- vided for ascertaining damages to owners of property to be taken for street purposes, as provided by section five of this act. But nothing herein contained shall be construed so as to prevent or delay the changing of the grade of any street or other way. width of § 10. No new streets on newly-laid out or newly- new streets mapped lands, shall be adopted, laid out, opened or constructed or graded in said city by said com- mission, unless the same shall be sixty feet wide. ordinances § 11. It shall be the duty of the common council connections of the city of Cohoes to enact and promulgate ordinances, from time to time, requiring the Chapter 227, Laws of 1898. 197 owners of property along every street, avenue, highway or alley in said city, in which a public sewer then exists, to make proper con- nections by pipes between such sewers and the build- ings or vaults on such property, specifying the man- ner and material with which such connections shall be made, and shall provide in such ordinance for the due enforcement thereof, and for the punish- ment of all guilty of neglect to comply therewith, by such penalty, fine or imprisonment as the said com- mon council is authorized by existing laws to impose, and enact in the ordinances that may be adopted by that body. (As amended by § 3, Chapter 213, Laws of 1900.) § 12. The said commission shall not have power tosewersand order any street, avenue, highway or alley to beS.re mains paved, repaved or cause the same to be paved or Pavm? repaved, unless a public sewer and water main then exists in said street, the sidewalk thereof, or in an alley adjacent thereto, and with which the property abutting upon the street may make lateral connec- Lateral tions, except that where all the property on such connections street, avenue, highway or alley which can not make connections as aforesaid may make lateral connections with a public sewer and water main in some other street, avenue, highway or alley without entering private land of others, the same may be paved or repaved without the existence of a public sewer or water main therein if said commission shall determine that the same are unnecessary. Whenever said com- mission shall order any street, avenue, highway or alley to be paved, it shall be the duty of every owner of a lot of land along the line of said sewer and water main to construct a lateral pipe or pipes from such sewer and water main to the inside of the curb line fronting such lot of land, and in the event of failure to do so within such time as may be prescribed by 198 Laws of the City of Cohoes. the said commission, the said commission shall cause the work to be done and the entire expense thereof shall be a lien on the property immediately benefited, and shall toe assessed, together with the assessment Notice to for pavement, as provided by this act. Whenever construct *" gas main. sa i c ~[ commission shall have determined to pave, grade or regrade or pave or repave any street, avenue, high- way or alley, and within twenty days before the work or paving or repaving said street shall be actually com- menced, it shall be the duty of said commission to cause to be served upon the person or persons, or some officer or agent of the corporation having a franchise or other authority from the common council of said city to construct a gas main in the street or other way to be paved or repaved, a notice that said commission intends to pave or repave such street or other way ; Removal of after such street or other way has been thus paved or pavement. re p ave( ^ - t gf^ji no t, be lawful for any person, persons or corporation to remove the pavement therefrom for a period of ten years thereafter, except by a majority vote of '-the public improvement commission of the city of Cohoes," except to repair some defect or break in sewer pipe, water pipe or gas pipe, and then only by paying to the city of Cohoes, the amount that it cost the said city to construct the portion of the pavement or repavement to be removed, and such person, persons or corporations shall not remove from said street, any greater quantity of pavement or repavement than the amount actually paid for as Restoration aforesaid. Said person, persons or corporations shall condition, also restore said pavement or repavement to its origi- nal condition as nearly as may be, and the amount of money paid to the city of Cohoes as aforesaid shall be deemed to be paid for the purpose of keeping the part so removed in repair, and shall be so used by said ordinances city. It shall be the duty of the common council of vk>iations. said city, to make and promulgate an ordinance pro- viding for the punishment of persons or corporations Chapter 227, Laws of 1898. 199 violating the provisions of this section, by such fine or imprisonment, or both, as the common council is now empowered to provide in the ordinances to be adopted by said body. (As amended by § 2, Chapter 632, Laws of 1901.) § 13. Whenever the said commission shall have General determined to lay out, alter, widen, straighten, extend, estimate of , improve- make, open or contract any street, alley, lane, high- ment - way, park, place or public land or to pave or cause to be paved or repaved or graded or regraded, any street or highway or public ground, or to establish or re-establish grades for the same, or to construct any sewer in said city, the said commission shall file in the office of the clerk of said city, a general plan of the work to be done ; and the estimated cost thereof ; and the said estimated cost thereof shall . not be exceeded. Thereupon the said commission shall pub- Notice to lish at least twice in the official paper a notice to all interested, persons interested in such improvement, appointing a place and time not less than two weeks after the first publication, to hear all persons interested for or against such improvement; or interested in any determinations made therein. Such notice shall precede any other public notice required in the proceedings affecting such improvement, and shall contain a brief description of the improvement pro- posed together with a statement of what portion of the whole expense, if any, should, in its opinion, be paid by local assessment upon the property bene- fitted. At the time and place appointed to hear Hearing all persons interested as hereinbefore specified, said of d power -i Tin ; i -, , commission commission shall have the power to change, alter, add thereon, to or modify their first and original determination in reference to such improvement and shall also have the power and right to change their opinion in refer- ence to what portion of the whole expense should be paid by local assessment upon the property benefitted, 200 Laws of the City of Cohoes. and to make and devise a new or other opinion or opinions in relation thereto. Sach hearing can, at the discretion of said commission, be adjourned from Discontin- time to time if deemed advisable. Said commission uance of . , i ■ i -i • • -n proceedings shall at any time have the right to discontinue all proceedings in reference to any of the improvements mentioned in this section. (As amended by § 4, Chapter 213, Laws of 1900. Previously amended by Chapter 550, Laws of 1899.) Assesment 8 14. Whenever said commission shall determine to of expense ° , mems prove " cause an y i m P rovemen t s mentioned m this act to be done, of which the cost and expense of the whole or any part thereof shall be paid by local assess- ment upon the property benefitted, and shall have entered into contract for the performance of said work, it shall certify to the assessors of said city that it has so determined, entered into contract, the cost and expense of the entire improvement which shall include such proportion of the salaries and expenses of the officers and employees of said commission and the expenses of said commission as it shall deem proper, together with the amount of such cost and expenses which the owners of such property shall pay, and in case of the construction of any sewer, sewers, drains, drainage, or sewerage system hereafter to be constructed, the said commission shall also certify a particular description of the length of such sewer, the cost per foot, and whether the same is a main or trunk sewer, and if so, a particular description of the sewers and drains which are contributory thereto ; and also a brief description of the premises and property abut- ting such sewer, drains, main or trunk sewers and con- spedai tributory sewers and drains. The said assessors shall assessment ^ andcertifi- forthwith proceed to make a special assessment and certificate, entering therein in separate columns the names of all the persons assessed, the description of all lots and parcels of land assessed, and the amount each Chapter 227, Laws of 1898. 201 shall be assessed, assessing justly and equitably upon each parcel of land and upon each owner thereof respectively, such portion of such expense to be paid by the property .thus determined to be benefitted as nearly as may be to the advantage which each shall be deemed to receive by the making of such improve- ment, but in making such assessment regard shall be had only to benefit received. When such cer- Notice tificate is completed they shall fix a time Review, and place of meeting to correct the same and shall give notice of such meeting stat- ing where such certificate can in the meantime be seen and examined, by publishing such notice at least twice in the official paper of said city, which publica- tion shall be completed at least ten days before the time so fixed for a meeting ; at the time and place Hearing so appointed, said assessors shall meet and hear all corrections, persons appearing before them who shall feel that they are aggrieved by said assessment and after said hearing shall make such corrections, if any, in such certificate as in their judgment will render such assessment more just and equitable; and the said assessors shall have the power to add to such assess- ment upon giving due notice and a hearing to the owner or owners of the property which is to be added or upon which an addition is to be made ; and they may abandon such certificate in case they deem it erroneous and proceed to make a new certificate in the same manner as though none had been made. When said certificate shall be thus corrected, or when Delivering the assessors after such hearing shall have determined to council. that it needs .no correction, they shall deliver the same and the total thereof, both of which shall be signed by a majority or by all of them, to the common coun- cil within five days after same shall have been com- pleted by them as aforesaid, but such time may be extended by the common council. Any person con- Hearing sidering himself aggrieved by said assessment shall SftSuS 7 202 Laws of thje City of Cohoes. have the right to be heard in relation thereto before the common council of said city at its first regular meeting after delivery of the certificate as aforesaid, and at its second regular meeting after such delivery the common council shall either confirm in whole or in part or annul such assessment, and in so doing shall have power to correct, add to or amend such ^oun e ty lsto assessment in any manner it may deem properjl f - If fc court cpaafixriLihe same any person who shall consider him- self aggrieved thereby may appeal to the county court of Albany county, wilhin the time and in the manner as nearly as may be, as provided by law for appeals from determinations of commissioners of highway in- laym^TTlH' i inH \ but if it annul the same all proceed- ings of the assessors in relation thereto shall be void, and new proceedings may t^e taken in the matter, in provisions the manner provided i***fe« this section. ( If the when 9 assessors assessors or any or either of them be interested in interested. " property liable to be affected by such assessment or be for any cause incapable of acting, the common coun- cil may appoint in the place of each assessor thus disqualified a disinterested freeholder of said city, residing therein, to perform the duties of such assessor and every freeholder before entering upon the per- formance of said duties shall take and subscribe an oath to make the assessment faithfully, honestly and Filing of impartially according to his best -judgment. When assessment. ' ' ° any such assessment shall be finally confirmed by the common council or competent tribunal the duplicate thereof hereinbefore mentioned, shall be thereupon filed with the clerk and both shall be deemed to be warrant originals, to one of which shall be annexed a warrant collection, for the collection of said taxes as prescribed for the collection of general city taxes of said city, and to the other a copy of said warrant with a receipt of the Assess . chamberlain for such certificate and warrant. No no e t n neid hen assessment or reassessment made for the expense of a public or a local improvement in said city, shall be km party aggrieved by any assessment trade wrsLnt to this act, or alleging that such assessment is illegal or invalxd may 202 Laws of the City of Cohoes. have the right to be heard in relation thereto before the common council of said city at its first regular meeting after delivery of the certificate as aforesaid, and at its second regular meeting after such delivery the common council shall either confirm in whole or in part or annul such assessment, and in so doing shall have power to correct, add to or amend such J for expen- authorized to make advances for the necessary expen- ditures penditures of said commission or on warrants issued by said commission Qj^m«»^^ 206 Laws of the City of Cohoes. commission for payments under said contract or con- tracts on its order or otherwise ordered paid to the said contractor or contractors, for any of the improve- ments under this act, from any funds of the city in h his possession, prior to the issuing of the bonds V herein authorized, to be reimbursed from the proceeds pdJJcipai of any subsequent sale of said bonds.? It shall be the and interest duty of the common council of the city of Cohoes to cause^L to be raised yearly, in each _ fiscal year, from the time this act shall take effect, taxation upon the taxable property in said city, in the same manner as other ^ci^ taxes are levied, a sum sufficient to pay for the interest upon said bonds when and as the same shall become due and payable, and also to raise by tax upon the taxable property of said city, in the same manner as other taxes are levied, and in addition thereto, the moneys necessary to pay the principal of said bonds ^assess- as the same shall become due. If by reason of any ment for / Jtf deficiencies. error it shall appear that the bonds issued under the f$ provisions of this act or the assessments made upon ™ any local improvement are not sufficient to pay the entire expense of such local improvement, the assess- ors of such city upon the demand of "the public improvement commission of the city of Cohoes" can reassess such proportion of such deficiency as may be deemed proper by said commission, upon the property benefited and the common council of the city of Cohoes new bonds. i ssue abond or bonds in such amount as may be determined necessary by said commission, to be paid dTy^aid -city toward such deficiency for such local improvement. Should it be determined that said bonds are irregular or invalid for any reason, the com- mon council of said city of Cohoes may issue new and other bonds in their place and stead thereof for such sum or sums as it may deem proper. ^ (As amended by § 6, Chapter 550, Laws of 1899.) Issue of Chapter 227, Laws of 1898. • 207 § 17. Any person, persons or corporations assessed Payment of for any of the improvements provided for in this act, assessment and as provided by this act, shall be discharged from W assessment upon his or its property, by paying assessed to the chamberlain within ^ formation of any such assess-^ corporation ■on nion to y in ;tallments — ; jt «/ x ,^-v.^^ v «. & ^ above set forth: Such person or corporation shall be deemed to avail himself or itself of said option by payment of such first in^T ^ ' — ~" months frvv™ f on e-twentieth part erect on all in ~ j he or it desires j e 1/20 nart there aid" shall De come as aforesaid. STSS S °-isaion. >n- he The principal of such of said bonds as shall be equal in amount to the amount which the city of Gohoes shall ;pay towards making of such improvement, expenses and costs, sh^ll be made payable at such time or times within forty years from their respective date of issue, and in such amount yearly as shall be fixed and determined by the common council, and /^^^ The -principal of the remainder of said bonds shlll be JKe payable one year after date and S£l le rttxred y by paying the nrocee ds of the SaMfcfc-n assessments then collected for such trnr^rovem^t so far as the same may be applies Die l^llelT and tte common council is authorized to issue aAa sell new bonds for the balance m tne m ann@r Tjroviaefl herein for the issue and sale of bon&s anS to be made payable at such time or tia; not exceeding eighteen years from their respective aate of issue, and in such amount yearly as shall be fixed and determined by the common council. ^ J • 5S e d I I Ihen follows authority to issue suchjonds ^improvements heretofore made, sestets for if^^ 811 ;; which no bonds have been SSaSS* noTSceed the unpaid -je^ents. Further authority is given re ™*™ e oSe year bonds Heretofore issued which SSaS due vvlor to the amendment. . . . vf nne -twentieth part v^h installment shall coasx^ ox Qn all in- , r/suiS assessment P^^erae* or oorporatxj stallnents to tote *^* n | ucll an assessment xs ns* ^ ^ a ^nhin°rhenxre r & aC the ^^^ft^irel TZ S eSr.Ul* pay ?^Sb of 1 & V* there- Son such assessment ^^^mfaid shall be come o? in which case the *»Jgg^ s as aforesaid. ° pay able g «^rilS B S Se? 64 V£%& « This section s^ 11 ^onf irmea oy ^ ne /^ 206 Laws of the City of Cohoes. commission for payments under said contract or con- tracts on its order or otherwise ordered paid to the The principal of such of said "bonds as shall be equal in amount to the amount which the city of Gohoes shall ;pay towards making of such improvement , expenses and costs, sh°ll be made payable at such time or times within forty years from their respective date of issue, and in such amount yearly as shall be fixed and determined by the common council, and / *?r *> \ \ citv, in the same manner as oth^r- x — The principal of the remainder <*J said Toon|s shall he made payable one year after date and Kail be retired by paying ^proceeds ««««« a 88 ese«n^ tben^olleoted bjc^ S. f SJSn t 5tSS is'authorised to islneana sell new bonis for the balance m the nann-r nrovidea herein for the issue and sale of bonds, ana to be made payable at such time or times not exceeding eighteen years from their respective aate of issue, and in such amount yearly as shall be fixed and determined Toy the common council. y S deemed proper by said commission, upon the property issue of benefited and the common council of the city of Cohoes new bonds, gj^jj i ssue a bond or bonds in such amount as may be determined necessary by said commission, to be paid rby^ard -city toward such deficiency for such local improvement. Should it be determined that said bonds are irregular or invalid -for qhv radsnn thp pom- Then follows atxthority to issue such bonds for improvements heretofore ma de sniteta SfniteLnte for which no bonds have been issued whether assessments have been mac or not excent that the one year bonds shalTnot exceed the unpaid aasessmente. Further authority is given re ™.™ e I * onY year bonds Heretofore issued which heoame due nrior to the amendment. /0f Y Chapter 227, Laws of 1898. 207 § 17. Any person, persons or corporations assessed Payment of for any of the improvements provided for in this act, assessment and as provided by this act, shall be discharged from / said assessment upon his or its property, by paying /j^ the amount so assessed to the chamberlain within ^ twenty days after the confirmation of any such assess-^ v ment, and thereafter any such person or corporation ^7 may, by paying the said assessment, with an addition of one per centum for each and every month that the ' same has remained unpaid after the confirmation thereof, be discharged from such assessment, [ B*ko P tion to when , any assessment made under the provisions of "bailments this title, shall exceed the sum of sixty dollars the u person or corporation against whose property said / assessment is made shall have the option of paying such assessment in iLv^'equat installments. / The first of such installments shall be due and collectible on on the confirmation of any such assessment, and one of such installments shall be due and collectible at the expiration of each year thereafter for four years. Such installments shall bear interest at a rate of six per centum per annum from and after the time of the confirmation of any such assess- ment^ until the same shall become due and payable fand thereafter shall pay the percentage above set forth: Such person or corporation shall be deemed to avail himself or itself of said option by payment of such first install™^* * * ' < _monthsf^ - ^ one -twentieth part in^ta-U^entshalX 00 ^"i r terest on all in- Q+qn^ents to aaxe. , n assessment, 1 H 7 ^le ^^^ruilBO^Lemed to apply toj.ll This section ~. confirmed, oy ^ llv Se SffofiSr— « ts heretofore 208 Laws of the City of Cohoes. of said city to the amount of said assessment that then remains unpaid ; the same to be divided in four equal parts, payable in one year, two years^._ three years, and four years from date,, respectively, payment g uc h certificates of indebtedness shall be paid from there ° the moneys received from the said assessment, and shall be executed in the same manner as provided for the execution of bonds of said city in the preceding section of this act. (As amended by § 6, Chapter 213, Laws of 1900. Previously amended by Chapter 550, Laws of 1899.) proceeds of § 18. The proceeds received from the sale of bonds bonds. as provided in section sixteen of this act, »sd from the sale of certificate^^ in " section seventeen of this act, and assessments pro- vided for in this act, collected by the chamberlain of said city before the sale of said certificates of indebt- edness, and not included in the amount for which said certilicates of indebtedness shall be issued, shall be set apart by the chamberlain of said city, who shall pay therefrom, only upon the order of said commission, from time to time, such amounts as shall be required to pay the expenditures which said commission is verification j^^g^^ empowered by this act to make. The said commmission shall not audit any bill or order its pay- ment until the same shall be verified as required by law in presenting claims; to the common council^ against the city of Cohoes. fAs amended by § 7, Chapter 213, Laws of 1900.) officers not § 19. The commissioners provided by this act, the Interested, city attorney, city engineer and surveyor of said city and the attorney and engineer appointed and employed by said commission and such other assistants and employees as shall be employed by them, shall not commission tion. Chapter 227, Laws of 1898. 209 be interested either directly or indirectly in any con- tract for any of the work provided for in this act, or the materials to be furnished therefor. (As amended by § 8, Chapter 550, Laws of 1899.) § 20. The clerk of the city of Cohoes shall by virtue cierk of of his office as such clerk, be clerk of the commission herein provided for and shall keep a full and accurate record of their proceedings and account of all maps, plans and grades, which may be made by such com- mission ; and said records, maps, plans and grades shall be open to the inspection of any citizen during the office hours of said clerk. Said clerk shall receive compensa- as compensation for the services heretofore required of him by the provisions of chapter nine hundred and four of the laws of eighteen hundred and ninety -six and chapter two hundred and twenty -seven of the laws of eighteen hundred and ninety-eight, at the rate of two hundred dollars per year for services actually performed for him as clerk to the commissions organized under said chapters dating from June ninth, eighteen hundred and ninety- six, to the time this act goes into effect and shall receive as compensation for the services required and to be performed by him in the future by the provisions of this act from the date this act shall go into effect at the rate of two hundred dollars per year, this sum to be in addition to any sum hereinbefore prescribed by law as the salary of the city clerk of the city of Cohoes. (As amended by § 9, Chapter 550, Laws of 1899.) 21. The city attorney of said city shall be counsel ^y%ol ney, city engineer engineer and surveyor of said city shall perform such SpeXiS- to, and legal advisor to said commission, and the city professional duties and services as said commission may require of him. The street superintendent of the city of Cohoes shall perform such services in superintending the improvements provided for in this act as said commission shall require of him. dent. 210 Laws of the City of Cohoes. Collection § 22. All assessments provided for by this act shall me d nt P of y " be collected and the payment thereof enforced in the same manner as is now provided for the collection and enforcement of general city tax of said city. pians and ft 23. Yvom and after the passage of this act the specifica- « n l tions. common council of the city of Cohoes shall not make or cause to be made any of the improvements provided for in this act, except upon the plans and specifica- tions made by said commission, and at its request. Repeal. § 24. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 25. This act shall take effect immediately. THE PUBLIC HEALTH LAW. CHAPTER 661, LAWS OF 1893. An Act in relation to the public health, constituting chapter twenty-five of the general laws. Approved by the Governor May 9, 1893. Passed, three-fifths being- present, The People of the State of New York, represented in Senate and Assembly, do enact as follows : ARTICLE I. STATE BOARD OF HEALTH. Note:— This article, excepting §§ 1, 8 and 11, is not directly applicable to the city of Cohoes. Section 1. Short title. 8. Employment of local boards and experts. 11. Power of state board where municipality fails to establish board of health. Section 1. Short title. This chapter shall be known as the public health law. (As amended by § 1, Chapter 29, Laws of 1901.) § 8. Employment of local boards and ex- perts. Whenever requested by the commissioner of city board health, anv city board of health in this state mavS^ . J ber to aid appoint one of its members to act with and assist the^™ is_ commissioner during the examination of any nuis- ance, or for the purpose of determining whether a public nuisance exists. Such representative may take Power of 0i n representa- Jil tive. of commis sioner. 212 Laws of the City of Cohoes. part in such examination, and sit with the commissioner during the conduct thereof, but the final determination of the questions involved shall rest solely with the Employees commissioner . The commissioner may from time to time employ competent persons to render sanitary ser- vice, and make or supervise practical and scientific in- vestigations and examinations requiring expert skill, and prepare plans and reports relative thereto. (As amended by § 1, Chapter 29, Laws of 1901.) § ll. Power of commissioner where mu- nicipality fails to establish board of health. If any municipal corporation, authorized by law to establish a local board of health, shall omit to do so, the commissioner of health, may in such munici- pality, exercise the powers of a local board of health and appoint a health officer thereof and fix his duties and compensation. The compensation of such health compensa- officer and the expenses lawfully incurred by him and by the commissioner of health in such municipality shall be a charge upon and paid by such municipality until such time as a local board of health shall be established therein, whereupon the jurisdiction of such health officer and of the commissioner of health conferred by this section shall cease. (As amended by § 1, Chapter 29, Laws of 1901.) Appoint ment of health officer Corr tion ARTICLE II; LOCAL BOAKDS OF HEALTH. Section 20. Local boards of health. 21 . General powers and duties of local boards of health. , 22. Vital statistics. Chapter 661, Laws of 1893. 213 23. Burials and burial permits. 24. Contagious and infectious diseases. 25. Nuisances. 26. Removal of nuisances. 27. Expense of abatement of nuisances a lien upon the premises. 28. Manufactures in tenement houses and dwellings. 29. Jurisdiction of town and village boards. § 20. Local boards of health. There shall continue to be local boards of health and health offi- cers in the several cities, villages and towns of the state. In the cities except New York, Brooklyn, Local Buffalo, Albany and Yonkers, the board shall con- £° ards sist of the mayor of the city, who shall be its presi- due? m dent, and, at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appoint- Terms of merits of members of such boards shall be made f 0 r members such shorter terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. The board shall appoint a competent physician, not one of its members, to be the health officer of the city, (In villages the board shall Village consist of not less than three nor more than seven boards - persons, not trustees of the village, who shall be appointed at the first meeting of the board of trustees of such village, after the next annual election of the village ; the members of said board of health shall at their first meeting divide themselves by lot into three classes, whose terms of office shall expire respectively in one, two and three years from the annual election held prior to their appointment ; from and after the appointment of said board as above provided, the Town boards 214 Laws of the City of Cohoes. appointment of the successors of said members shall be made immediately after the annual elections of said village and shall continue in office until their success- ors are appointed unless removed therefrom ; provi- ded, however, that upon failure to appoint such board of health at such first meeting such appointment may be made by the county judge as hereinafter provided. Every such village board shall elect a presi- dent and appoint a competent physician, not a member of the board, to be the health officer of the village. In towns the board of health shall consist of the town board and another citizen of the town of full age, annually appointed by the town board at a meet- ing to be held by it within thirty days after the annual town meeting, for the term of one year from and after such town meeting and until his successor is appointed. Such board of health shall annually appoint a competent physician, to be the health officer vacancies, of the town.) If the proper authorities shall not fill wh^nno e t d ' any vacancies occurring in any local board within K by thirty days after the happening of such vacancy, authorises. ^ coun ty j a &gQ 0 f the county shall appoint a com- petent person to fill the vacancy for the unexpired term, which appointment shall be immediately filed in the office of the county clerk and a duplicate thereof filed with the clerk of the municipality for which such appointment is made. Notice of the membership and organization of every local board of health shall be forthwith given by such board to the state board of health. The term ' ' municipality, ' ' when used in this article, means the city, village or town for which any such local board may be or is appointed. (As amended by § 1, Chapter 282, Laws of 1897. Previously amended by Chapter 268, Laws of 1894, and Chapter 584, Laws of 1895.) Definition of municipal Chapter 661, Laws or 1893. 215 § 21. General powers and duties of local Meetings x of board. boards of health. Every such local board of health shall meet at stated intervals to be fixed by it, in the municipality. The presiding officer of every such board may call special meetings thereof where in his judgment the protection of the public health of the municipality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the neces- sity of such meeting. Every such local board shall p° e Y C ribe prescribe the duties and powers of the local health of Health 0 ' officer, who shall be its chief executive officer, and ° fficer ' direct him in the performance of his duties, and fix his compensation. Every such local board shall make Rule , sa . nd x ^ regulations. and publish from time to time all such orders and regulations as they may deem necessary and proper for the preservation of life and health, and the execu- tion and enforcement of the public health law in the municipality. It shall make without publication orders for suppression thereof , such orders and regulations for the suppression of nuisances of nuisances, and concerning all other matters in its judgment detrimental to the public health in special or individual cases, not of general application, and serve copies thereof upon the owner or occupant of any premises whereon such nuisances or other matters may exist, or post the same in some conspicuous place thereon. It may employ such persons as shall beEnforce- necessary to enable it to carry into effect its orders s * me and regulations, and fix their compensation. It may issue subpoenas, compel the attendance of witnesses, administer oaths to witnesses and compel them to testify, and for such purposes it shall have the same powers as a justice of the peace of the State in a civil action of which he has jurisdiction. It may designate by resolution one of its members to sign and issue such subpoenas. No subpoena shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or compelled to ^testify upon 216 Laws of the City of Cohoes. matters not related to the public health. It may issue warrants to any constable or policeman of the munici- pality to apprehend and remove such persons as can not otherwise be subjected to its orders or regulations and a warrant to the sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every warrant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly penalties issued out of a court of record of the State. Every ladoTof suc h local board may prescribe and impose penalties orders etc for the violation of or failure to comply with any of its orders or regulations, not exceeding one hundred dollars for a single violation or failure, to be sued for and recovered by it in the name and for the benefit of the municipality; and to maintain actions in any court of competent jurisdiction to restrain by injunc- tion such violations, or otherwise to enforce such sewers in orders and regulations. Whenever such local board V! agCS of health in any incorporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify such fact in writing to the board of trus- tees of such village, stating and recommending what additions or alterations should in the judgment of said board of health be made with its reasons there- certincates f 0 r, and thereupon such board of trustees shall board e immediately convene and consider such recommenda- tions, and if approved by such board of trustees, the same shall be certified to the state board of health for its approval, and if such recommendations shall be approved bv the state board of health, it shall be the duty of the board of trustees of such village to forth- with make such additions to or alterations in the sewers of such village and execute such recommenda- Expenses, tion, and the expenses thereof shall be paid for by how paid. , M i said village in the same manner as other village Chapter 661, Laws of 1893. 217 expenses are paid and said village is hereby author- ized to raise such sum as may be necessary for the payment of the expenses incurred, as herein provided, in addition to the amount such village is now author- ized to raise by law for corporation purposes, and such board of trustees shall have the right to acquire such lands, rights of way, or other easements, by gift, or purchase, or in case the same can not be acquired by purchase the board of trustees may acquire the same by condemnation in the manner provided by law. (As amended by § 1, Chapters 203 and 928, Laws of 1895.) § 22. Vital statistics. Every such local board Registra- 1 n • -j i tion of shall supervise and make complete the registration of births ^ etc all births, marriages and deaths occurring within the municipality, and the cause of death and the finding of coroners' juries, in accordance with the methods and forms prescribed by the state board of health, and, after registration, promptly forward the certificates of such births, marriages and deaths to the state bureau of vital statistics. Every physician or midwife Physicians, attending at a birth of a child, and no physician or mid- ^bfrth?to 1 r certify same wife being in attendance, the parent or custodian of a child born, and every groom, officiating clergyman or magistrate at every marriage shall cause a certificate of such birth or marriage to be returned within thirty days thereafter to the local board of health or person designated by it to receive the same, which shall be attested, if a birth, by the physician or midwife, if any in attendance, no physician or midwife being in attendance, by the parent or custodian of a child born, and, if a marriage, by the officiating clergyman or magistrate. The person making such certificate Fees for shall be entitled to the sum of twenty-five cents there- certificate, for, which shall be a charge upon, and paid by the municipality where such birth, marriage or death occurred. The cost of such registration, not cost a ° charge on the city. 218 Laws of the City of Cohoes. exceeding twenty-five cents for the complete regis- tered record of a birth, marriage or death, shall be a charge for charge upon the municipality. The charge for a copy ffi by e thereof shall be fixed by the board, not exceeding the board. same sum for the complete copy of a single registered record and the additional sum of twenty-five cents if fiT™fshed be certified to. Such copies shall be furnished upon request of any person, and when certified to be correct by the president or secretary of the board or local registering officer designated by it shall be presump- tive evidence in all courts and places of the facts therein stated. (As amended by § 1, Chapter 138, Laws of 1897. Previously amended by Chapter 679, Laws of 1894.) burial and removal of corpses. Sfor § 23 • Burial and burial permits. Every such local board shall prescribe sanitary regulations for the burial and removal of corpses, and shall designate the persons who shall grant permits for such burial, and permits for the transportation of any corpse which is to be carried for burial beyond the county where the same in death occurred. Where such persons are appointed towns. by the board of health of any town, one of such per- sons shall be the town clerk of such town. of e deat C h, tes Every undertaker, sexton or other person procured" having charge of any corpse, shall procure a Undertaker, certificate of the death and the probable cause duly certified by the physician in attendance upon the deceased during his last illness, or by the coroner where an inquisition is required by law, and if no physician was in attendance, and no inquest has been held or required by law, an affidavit stating the cir- cumstances, time and cause of death, and sworn to by some credible person known to the officer granting the permit, and there shall be no burial or removal of a corpse until such certificate or affidavit has been pre- sented to the local board or to the person designated by it, and thereupon a permit for such burial or etc Chapter 661, Laws of 1893. 219 removal has been obtained. When application is caskets _ . ' transported made tor a permit to transport a corpse over any rail- on railways ^ .tit/ an( j on road or npon any passenger steamboat within tlie^ e *™ boats state, the board of health, or the officers to whom ^, e n d ' such application is made, shall require such corpse to be inclosed in a hermetically sealed casket of metal or other indestructible material, if the cause of death shall have been from a contagious or infectious disease. (As amended by § 1, Chapter 211, Laws of 1899.) § 24. Contagious and infections diseases. Every such local board of health shall guard, against Duty of the introduction of contagious and infectious diseases as to spread of conta- by the exercise of proper and vigilant medical inspec- ^j° e u a s ses tion and control of all persons and things arriving in the municipality from infected places, or which from any cause are liable to communicate contagion. It shall require the isolation of all persons and things infected with or exposed to such diseases, and provide suitable places for the treatment and care of sick per- sons who can not otherwise be provided for. It shall prohibit and prevent all intercourse and communica- tion with or use of infected premises, places and things, and require, and, if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed. It shall report to the Local board state board of health, promptly, the facts relating to facts to contagious and infectious diseases, and every case of small-pox or varioloid within the municipality. Health officers of villages and towns shall report in Duty of writing once a month to the state board of health all cer in villa- cases of such infectious and contagious diseases as^^ns" may be required by the state board of health, and for such reporting the health officer shall be paid by the Feesof to report facts to State board municipality employing him, upon the certification of the state board of health, a sum not to exceed twenty health officer therefor. Consump tion. Board to provide 220 Laws of the City of Cohoes. cents for each case so reported ; and the health officer shall report annually on or before the first day of January in each year the number of cases of consump- tion which have existed in his jurisdiction during that year, and for each case thus reported he shall receive a sum not to exceed ten cents, to be paid in the same manner as the other like charges are paid. It shall provide, at stated intervals, a suitable supply of vaccine virus, of a quality and from a source approved by the state board of health, and during an actual epidemic of small-pox obtain fresh supplies of snch virus at intervals not exceeding one week, and at all times provide thorough and safe vaccination for pestilential, a n persons in need of the same. If a pestilential, infectious or contagious disease exists in any county almshouse or its vicinity, and the physician thereof shall certify that such disease is likely to endanger the health of its inmates, the county superintendent of the poor may cause such inmates or any of them to be removed to such other suitable place in the county as the local board of health of the municipality where the almshouse is situated may designate there to be maintained and provided for at the expense of the county, with all necessary medical care and attendance until they shall be safely returned to such almshouse or otherwise discharged. The boards of health of the cities of New York, Brooklyn, Buffalo, Albany and Yonkers, shall report promptly to the state board all cases of small-pox, typhus and yellow fever and cholera and the facts relating thereto. eases in almshouses. Local boards to hear com- plaint for nuisances. Powers concerning same. § 25. Nuisances. Every such local board shall receive and examine into all complaints made by any inhabitant concerning nuisances, or causes of danger or injury to life and health within the municipality, and may enter upon or within any place or premises where nuisances or conditions dangerous to life and upon notice "rom State Chapter 661, Laws of 1893. 221 health are known or believed to exist, and by its members or other persons designated for that purpose, inspect and examine the same. The owners, agents and occupants of an y such premises shall permit such sanitary examinations to be made, and the board shall furnish such owners, agents and occupants with a written statement of the results and conclusions of any such examination. Every such local board shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the municipality. Whenever the state Local board ' to convene board ol health or its president and secretary shall by j notice to the presiding officer of any local board of board health, request him to convene such local board to take certain definite proceedings concerning which the state board of health or its president and secre- tary shall be satisfied that the action recommended by them is necessary for the public good, and is within the jurisdiction of such board of health, such presiding officer shall convene such local board, which shall take the action recommended. § 26. Removal of nuisances. If the owner or suppression occupant of any premises fails to comply with any removal of x 1 " J nuisances. order or regulation of any such local board for the suppression and removal of any nuisance or other matter, in the judgment of the board detrimental to the public health, made, served or posted as required in this article, such boards or their servants or employes may enter upon the premises to which such order or regulation relates, and suppress or remove such nuisance or other matter. The expense of such Expense of suppression or removal shall be paid by the owner or same occupant of such premises, or by the person who caused or maintained such nuisance or other matters, and the board may maintain an action in the name of Acti< the municipality to recover such expense, and the same when recovered shall be paid to the treasurer of iction to recover. Publica tion of notice. 222 Laws of the City of Cohoes. the municipality, or if it has no treasurer to its chief fiscal officer, to be held and used as the funds of the municipality. judgment § 27. Expense of abatement of nuisances i or «l xp oT e a lien upon the premises. If execution upon a premises. j U( jg ment f or the recovery of the expense of the sup- pression or removal of a nuisance or other matter, pursuant to an order or regulation of any such local board, is returned wholly or in part unsatisfied, such judgment, if docketed in the place and manner required by law to make a judgment of a court of record a lien upon real property, shall be a first lien upon such premises, having preference over all other sale ? f liens and incumbrances whatever. The board may cause such premises to be sold for a term of time for the payment and satisfaction of such lien and the expenses of the sale. Notice of such sale shall be published for twelve weeks successively, at least once in each week, in a newspaper of the city, village or town, or if no newspaper is published therein, in the service newspaper published nearest to such premises. If the owner or occupant of the premises, or his agent, is known, a copy of such notice shall be served upon him, either personally, at least fourteen days previous to the sale, or by mail at least twenty-eight days purchaser, prior thereto. The premises shall be sold to the person offering to take them for the shortest time, pay- ing the amount unpaid on such judgment and interest Certificate and the expenses of such notice and sale. A certifi- ° f sae ' cate of the sale, signed and acknowledged by the president and secretary of the board, shall be made and delivered to the purchaser, and may be recorded Right of as a conveyance of real property, and the purchaser to U posslss sr ma v thereupon be entitled to the immediate possession premises. J ' x . of such premises, and, if occupied, may maintain an action or proceeding to recover the possession thereof against the occupant, as against a tenant of real prop- erty holding over after the expiration of his term ; Hon of :mises. Chapter 661, Laws of 1893. 223 and the cost of any such action or proceeding, if not paid by the occupant, shall also be a lien upon such premises, having the same preference as the lien of such judgment, and the right of the purchaser to such premises shall be extended for a longer term, which shall bear the same proportion to the original term as the amount of such costs bears to the amount paid by the purchaser on such sale. The term of the pur- Term of chaser at any such sale shall commence when he shall purchaser have acquired possession of the premises sold. AtRedemp- ahy time within six months after recording such cer- pre" tiflcate, the owner of the premises or any lessee, mort- gagee or incumbrancer thereof, or of any part of the same, may redeem the premises or any such part from such sale by paying to the purchaser the amount paid by him on the sale, and all costs and expenses incurred by him in any action or proceeding to recover possession with interest at the rate of ten per cent, per annum thereon. If redemption is made by the owner, the right of the purchaser shall be extinguished ; if by a lessee, the amount paid shall be applied as a pay- ment upon any rent due or which may accrue upon his lease; if by a mortgagee or an incumbrancer, the amount paid shall be added to his mortgage, incum- brance or other lien, or if he have mure than one to the oldest, and shall thereafter be a part of such mortgage, lien or incumbrance and enforceable as such. § 28. Manufactures in tenement houses and dwellings. No room or apartment in a tene- Iu ment or dwelling house, used for eating or sleeping purposes, shall be used for the manufacture, wholly °" g s or partly, of coats, vests, trousers, knee-pants, over- alls, cloaks, shirts, purses, feathers, artificial flowers or cigars, except by the members of the family living therein, which shall include a husband and wife and their children, or the children of either. A family Notice by family. Manufac- tures not to carried on in dwell- 224 Laws of the City of Cohoes. occupying or controlling such a workshop shall, within fourteen days from the time of beginning work therein, notify the board of health of the city, village special or town, where such workshop is located, or a special inspection. ins p ector a pp 0 i n t e d by such board, of the location of such workshops, the nature of the work carried on, and the number of persons employed therein ; and permits, thereupon such board shall, if it deems advisable, cause a permit to be issued to such family to carry on the manufacture specified in the notice. Such board may appoint as many persons as it deems advisable to no compen- act as special inspectors. Such special inspectors sation to 1 , . special shall receive no compensation, but may be paid by inspectors. J the board their reasonable and necessary expenses, nuty of If a board of health or such inspector shall find evi- if°dS S as e e t is denee of infectious or contagious diseases present in discovered , in work- an y workshop, or m goods manufactured or in pro- cess of manufacture therein the board shall issue such orders as the public health may require, and shall condemn and destroy such infectious and contagious articles, and may, if necessary to protect the public health, revoke any permit granted by it for manufac- turing goods in such workshop. If a board of health or any such inspector shall discover that any such goods are being brought into the state, having been manufactured in whole or in part, under unhealthy conditions, such board or inspector shall examine such goods, and if they are found to contain vermin, or to have been made in improper places or under unhealthy conditions, the board may make such orders as the public health may require, and may condemn and destroy such goods. § 29. Jurisdiction of town and village boards. A town board of health shall not have rds jarisdiction over any city or incorporated village or part of such city or village in such town if such city or village has an organized board of health. Jurisdic- tion of town and village Chapter 661, Laws of 1893. 225 The boards of health of any town and the incorporated villages therein, or any two or more towns and the incorporated villages therein, may unite, with the written approval of the state board of health, in a combined sanitary and registration district, and appoint for such district one health officer and regis- tering officer, whose authority in all matters of general application shall be derived from the boards of health appointing him; and in special cases not of general application arising within the jurisdiction of but one board shall be derived from such board alone. When one or more towns and the incorporated vil- lages therein unite in one registration district, the registrar of. vital statistics of such combined district will be required to make separate returns to the state board of health. of village and town certificates of births, marriages and deaths. (As amended by § 1, Chapter 169, Laws of 1897.) Note:— The remainder of this act, except the two following sections, is not directly applicable to the city of Cohoes. ARTICLE XII. MISCELLANEOUS PROVISIONS. Section 210. Vaccination of school children. 211. Appointment of physician. § 210. Vaccination of school children. No Vaccin; child or person not vaccinated shall be admitted Or childrei .received into any of the public schools of the state, and the trustees or other officers having the charge, management or control of such school shall cause this provision of law to be enforced. They may adopt a resolution excluding such children and persons not vaccinated from such school until vaccinated, and when any such resolution has been adopted, they shall give at least ten days' notice thereof, by posting copies of the same in at least two public and conspicuous places within the limits of the school government, Appoint- ment of physician to vaccinate children. 226 Laws of the City or Cohoes. and shall announce therein that due provision has been made, specifying it, for the vaccination of any child or person of suitable age desiring to attend the school, and whose parents or guardians are unable to procure vaccination for them, or who are, by reason of poverty, exempted from taxation in such district, (Formerly § 200. Renumbered by § 2, Chapter 667, Laws of 1900.) § 211. Appointment of physician. Such trustees or board may appoint a competent physician and fix his compensation, who shall ascertain the number of children or persons in a school district, or in a subdivision of a city school government, of suita- ble age to attend the common schools, who have not been vaccinated and furnish such trustees or board a list of their names. Every such physician shall pro- vide himself with good and reliable vaccine virus with which to vaccinate such children or persons * such trustees or board shall direct, and give certificates of vaccination when required, which shall be evidence that the child or person to whom given has been vac- cinated. The expenses incurred in carrying into effect the provisions of this and the preceding section, shall be deemed a part of the expense of maintaining such school, and shall be levied and collected in the same manaer as other school expenses. The trustees of the several school districts of the state shall include in their annual report the number of vaccinated and unvaccinated children of school age in their respective districts. (Formerly § 201. Renumbered by § 2, Chapter 667, Laws of 1900.) NoxE:-In relation to employment of minors in factories, etc., see Article VI of the labor law (Chapter 415, Laws of 1897). For provisions of law relative to the employment of women and children in mercan- tile establishments, see Article XI of the labor law (Chapter 415, Laws of 1897). * Space in the original, "as" apparently omitted. THE GENERAL CITY LAW. CHAPTER 327, LAWS OF 1900. An Act in relation to cities, constituting chapter twenty -two of the general laws. Became a law April 6, 1900, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ARTICLE I. GENERAL PROVISIONS. Section 1. Short title. 2. Term of office of city supervisors. 3. City officers not to be interested in con- tracts. 4. Certain parades and processions forbidden ; penalty. 5. Swearing witnesses. 6. Summoning witnesses. 7. Attachment for witness in contempt; pro- ceedings thereon. 8. Licenses for retailing goods on boats. 10. Moneys for Memorial Day in cities of the third class. 11. Moneys ; how expended. 13. Firemen moving from one city to another. 14. Term of service; how reckoned. 227 228 Laws of the City of Cohoes. Section 1. Short title. This chapter shall be known as the general city law. Termof § 2. Term of office of city supervisors- The Supervisors. t e rm of office of each supervisor hereafter elected in a . city shall, notwithstanding the provisions of such city charter, be two years,* and a supervisor shall only be elected in such city each second year thereafter, except to fill vacancies, officers not § 3 City officers not to be interested in iHnfrfcts contracts. No member of the common council of any city shall, during the period for which he was elected, be capable of holding under the appointment or election of the common council any office the emolutions of which are paid from the city treasury, or paid by fees or compensation directed to be paid by any act or ordinance of the common council, nor shall the mayor or any alderman, school commissioner or other public officer of any city be directly or indirectly interested either as principal, surety or otherwise, in any contract, the expense or considera- tion whereof is payable out of the city treasury, but this section shall not affect the right to any fees or penalty, emoluments belonging to any office. An officer of any city who violates any provision of this section shall be guilty of a misdemeanor and on conviction thereof his office shall be vacant. parades a 4. Certain parades and processions for- forbidden. ■*• " - . -, bidden; penalty. All processions or parades occu- pying or marching on any street of any city to the exclusion or interruption of other citizens in their indi- vidual right and use thereof (excepting the National Guard and the police and fire departments, and the Regulated, associations of veteran soldiers) are forbidden, unless written notice of the object, time and route of su ch pro- cession or parade be given by the chief officer thereof, not less than six hours previous to its forming or march- ing, to the police authorities of such city, and such police Chapter 327, Laws of 1900. 229 authorities may designate to such procession or parade how much of the street in width it can occupy with especial reference to crowded thoroughfares through which such procession may move; and, when so designated, the chief officer of such procession or parade shall be responsible that the designation is obeyed ; and it shall be the duty of the police authori- ties to furnish such escort as may be necessary to protect persons and property and maintain the public peace and order. A person wilfully violating any Penalty tor provision of this section shall be guilty of a misde- Sis^ecUon. meanor, punishable by a fine of not exceeding twenty dollars or imprisonment not exceeding ten days, or both. § 5. Swearing: witnesses. Whenever the com- investiga- ° ting, etc., fflon council of a city shall have appointed a committee committees J x 1 of common of members of their body upon any subject or matter °°™eho within the jurisdiction of such common council, or to witnesses, examine any officer of the city, in relation to the dis- charge of his official duties, or to the receipt or dis- bursement by him of any moneys by him in the dis- charge of such duties, or concerning the possession or disposition by him, in his official capacity, of any property belonging to the city ; or to use, inspect or examine any book, account, voucher or document, in the possession or under his control as such officer, relating to the affairs or interests of such city, the chairman of such committee is authorized to administer oaths to all such witnesses as may appear or be brought before such committee. § 6. Summoning witnesses, On application by Summoning the chairman or a majority of any such committee ^ 0 wlnesses - a justice of the supreme court or to the county judge of the county in which the city is situate, or to the recorder of such city, and it satisfactorily appearing to such justice, judge or recorder, that the testimony of any witness named, residing in this state, is or may 230 Laws of the City of Cohoes. be material in such investigation or inquiry, such justice, judge or recorder, shall issue a summons to such witness, requiring him to appear before such committee to testify in the matter of such investiga- tion or inquiry at a time and place within such city to be specified in such summons. Such summons shall be served by showing to the witness the original sum- mons under the hand of the officer issuing the same, and by delivering to such witness a copy of the sum- mons, or a memorandum containing its substance, and paying to him the fees of witnesses in civil actions in courts of record. Attach- § 7. Attachment for witness in contempt ; ments for . „ . contempt, proceedings thereon. It a witness shall tail to attend, as directed by such summons, the justice or officer issuing the summons, on due proof of the service thereof, and of the failure of such witness to appear, or to produce such books and papers, according to the direction of such subpoena, or shall refuse to testify before such committee, or to answer any question which a majority thereof shall decide to be proper and pertinent, he shall be deemed in contempt, and it shall be the duty of such justice or officer to issue an attachment, in the form usual in the court of which he shall be judge, directed to the sheriff of the county where such witness was required to appear and testify, commanding such sheriff to attach such person and forthwith bring him before such justice Proceed- or officer. On the return of the attachment, and the mgst ereon p ro( j nc ^ on Q f body of the defendant, such justice or officer shall have jurisdiction of the matter, and the person charged may purge himself of the contempt in the same way, and the same proceeding shall be had, and the same penalties may be imposed, and the same punishment inflicted as in cases of a witness subpoenaed to appear and give evidence on the trial of a civil action before a trial or special term of the supreme court. Chapter 327, Laws of 1900. 231 § 8. Licenses for retailing goods on "boats. J^ s n e | for The common council of any city may charge and collect g°° t d s s on a license fee from any person doing a retail business in the sale of goods of any description, except products of the farm and unmanufactured prod nets of the forest, from canal boats on the canals of this state or from the lands by the side of such canals and within the boundary lines of such city, within the limits of said city. The common council shall have power to ^Suo fix the amount to be charged for such license at such fix charges sum as in their discretion they may deem just. They shall also have power to enforce the collection of such license fees in the same manner as they are now or may be severally authorized by law to enforce the collection of other license fees which they are author- ized to impose. The common council shall have° r ^™^es j)ower to adopt laws or ordinances to prevent any vio!ations - person making such sale without first obtaining a license and to punish a violation thereof by a tine not exceeding one hundred dollars the offender to be imprisoned in the county jail until such fine be paid, not exceeding, however, six months. § 9. [Applies to cities of the second class only.] § 10. Money for Memorial day in cities ofg°£*£f the third class. The common council of any city of day the third class is hereby authorized to appropriate and set aside each year a sum not exceeding two hundred dollars for the purpose of providing for the due and proper observance of Memorial day in such city. § 11. Moneys; how expended. The money f™ e e y x s p ' en _ thus appropriated shall be expended under the direction ded - of a board composed of the mayor and the command- ers and quarter-masters of the Grand Army posts of such city. The whole amount of such money appro- priated or any part thereof may be spent by such board in observance of Memorial day. Bills properly verified for all claims and expenditures arising under 232 Laws of the City of Cohoes. this or the preceding section, shall be presented to and audited by such board and shall be paid by the common council of any such city. The moneys appropriated shall be raised by tax on the real and personal property liable to taxation in any such city in the same manner as the ordinary expenses of main- taining the city government. § 12. [Applies to cities of the first class only.] Firemen, re- §13. Firemen moving from one city to from one another. The firemen of the different cities of this city to an- * . , other - state, in case of removal from one city to another,, shall be allowed the time which they have served as such firemen in the city they left, in the city to which they have removed, upon producing a certificate of such service, signed by the chief engineer of the city so left, and being appointed a firemen in the city to which they have removed. Term of § 14. Term of service; how reckoned. When servlce ' any such firemen shall have served as such for so long a time thereafter as shall make the whole term of ser- vice the same as required by law of firemen residing in the cities removed to, he shall be entitled to all the privileges and exemptions secured by law to the firemen of the cities of Albany and New York. ARTICLE II. HEARING ON CITY BILLS. Section 30. Public hearing. 31. Notice, how given*. 32. Hearing. 33. Return by mayor ; contents of certificate. 34. Duties of clerk on return of mayor's cer- tificate ; endorsement on bill. 35. Expenses of hearing to be a city charge. Chapter 327, Laws of 1900. 233 § 30. Public hearing. Whenever a certified copy Hearing < of any bill for a special city law shall be transmitted blUs ' to the mayor of a city, pursuant to the provisions of the second section of the twelfth article of the consti- tution of this state, the mayor of such city shall forthwith upon the receipt of such bill fix a day for a public hearing in such city concerning such bill, and cause public notice of the time and place of such hearing to be given. In a city of the first class such hearing shall be before the mayor. In a city of the second or third class, such hearing shall be before the whom mayor and the legislative body of such city. § 31. Notice, how given. In a city of the first Notice of class such notice shall be given by the mayor by causing heanng ' such notice to be published for two successive days in two daily newspapers published in such city, to be designated by him. In a city of the second or third class such notice shall be given by the mayor by causing such notice to be published for three suc- cessive days in a daily newspaper published in such city to be designated by him, and he shall also cause a copy of such notice to be served upon each member of the legislative body of such city, either personally or by mail at least two days before the day fixed for such public hearing. Such notice shall also contain the title of the bill and any explanatory statement concerning the same which the mayor shall deem advisable. § 32. Hearing. In a city of the first class, the Hearing. mayor, and in a city of the second or third class, the mayor and the legislative body of such city, shall attend at the time and place appointed for such hear- ing, and shall afford an opportunity for a public hear- ing concerning such bill. § 33. Return by mayor ; contents of certifi - Return of cate. After such hearing and within fifteen days after Snmcate. the transmission to him of a certified copy of such bill, 234 Laws of the City of Cohoes. the mayor shall return the same to the house from which it was sent, or, if the session of the legislature at which such bill was passed has terminated, to the governor with the proper certificates attached, stating whether such city has or has not accepted the same. In a city of the first class such certificate shall be certificate, signed by the mayor. In a city of the second or 5*ST third class such certificate shall be signed by the mayor and by the presiding officer of the legisla- tive body of such city, and such bill shall not be deemed to have been accepted by such city, unless the mayor and a majority of the legislative body shall concur in such acceptance. The mayor shall also append to the certified copy of such bill a fur- ther certificate stating that the public notice pro- vided for has been given, and if in a city of the second or third class, that a meeting of the legislative body has been held pursuant thereto, and that an opportu- nity for a public hearing concerning such bill has been offered pursuant to the provisions of the preceding sections, and such certificate shall be conclusive evidence thereof. Each certificate required under this section shall be under the seal of the city. Duties of § 34. Duties of clerk on return of mayor's clerk certificate ; endorsement on bill. The clerk of the house in which such bill originated shall indorse upon the original bill to be presented to the governor, upon the certified copy thereof to be transmitted to the mayor, the date of such transaction. Such clerk, if the certified copy of such bill is returned to the house in which the bill originated, or the governor, if such certified copy is returned to him, shall indorse the date of such return upon such original bill and also upon such certified copy thereof. In every case in which a bill for a special city law has been accepted by the ciby or cities to which it relates, the certified copy or copies thereof transmitted to the mayor or mayors of such city or cities and returned by him or Chapter 327, Laws of 1900. 235 them, with the certificates indorsed thereon or appended thereto, shall be attached to the original bill and presented therewith to the governor. § 35. Expenses of hearing to be a city charge. The necessary expenses incurred by a city in complying with the requirements of this article shall be a city charge and shall be paid out of any fund or appropriation applicable thereto. ARTICLE III. PLUMBING AND DRAINAGE. Section 40. Examining boards of plumbers in cities. 41. Term of office; vacancies. 42. Compensation of members of board. 43. Qualifications. 44. Powers and duties. 45. Examinations ; conducting business with- out certificate prohibited. 46. Registration when required. 47. Cancellation of registration ; notice. 48. Inspectors' qualifications; notice. 49. Duties of inspectors ; reports. 50. Expiration and renewals of certificates and licenses. 51. Notice of violation of rules. 52. Notice, how served; proceedings when violations not removed. 53. Plumbing and drainage to be executed according to rules. 54. Office room ; expenses a city charge. 55. Violations how punished. 56. Issue of licenses to connect with sewers and water mains, restricted. 57. Article limited. 236 Laws of the City of Cohoes. Examining § 40. Examining boards of plumbers in plumbers, cities. The existing boards for the examination of plumbers in cities of this state are continued and eacli shall hereafter be known as the examining board of how plumbers. Such board in each city shall continue to composed. . consist of five persons to be appointed by the mayor, ol whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer per- forming the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or super- vision of the plumbing, drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities. Term of § 41. Term of office ; vacancies. The term of office of such member of such board shall be three years, from the first day of January following his Vacancies, appointment. Vacancies occurring by expiration of a term shall be filled by the mayor for a full term. Vacancies by death, removal, inability to act, resig- nation or removal from the city of any member shall be filled by him for the unexpired term. The chief inspector of plumbing and drainage and the engineer in charge of sewers or the officers holding equivalent positions or acting in like capacities designated or appointed by the mayor as herein provided, shall be ex officio members of such examining board, and when they shall cease to hold their offices by reason or on account of which they were so designated or appointed, their successors shall act on the examining board in their stead. Chapter 327, Laws of 1900. 237 § 42. Compensation of members of board. £^of nsa The master and journeymen plumbers serving as mem- ™ f 7 0 b a e r r d s hers of such board shall severally be paid the rate of five dollars per day for each day's service when actually engaged in the performance of the duties pertaining to the office ; but snch compensation shall not exceed five dollars per month in a city of the third class, nor the sum of ten dollars per month in a city of the second class, nor the sum of twenty dollars per month in a city of the first class. It shall be the duty of such ex officio members of the board of examiners to discharge their duties as members of such board with- out compensation therefor. § 43. Qualifications. All members of such g 0 u n a s n 0 fi f ca - board shall be citizens and actual residents of the members cities in which they are appointed. § 44. Powers and duties. The several examin- Powers and ing boards of plumbers shall have power and it shall dUUeS ' be their duty : 1. To meet at stated intervals in their respective Meetings, cities ; they shall also meet whenever the board of health of such city or the mayor thereof shall in writing request them so to do. 2. To have jurisdiction over and to examine all Jurisdiction persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the city in which such board shall be appointed with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing, to determine their fitness and qualifications for conduct- ing the business of master plumbers or to act as inspector of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such board and shall be by it determined to be qualified for con- ducting the business as employing or master plumbers or competent to act as inspectors of plumbing. 238 Rules. Examina- tions. Laws of the City of Cohoes. 3. To formulate in conjunction with the local board of health of the city or an officer, board or body per- forming the duties of a board of health a code of rules regulating the work of plumbing and drainage in such city, including the materials, workmanship and manner of executing such work and from time to time to add to, amend or alter the same. Fees for ex- 4 ^o charge and collect from each person applying aminations. * 0 , for examination the sum of five dollars for each exam- ination made by such board, and all moneys so col- lected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which such board shall be appointed. § 45. Examinations; conducting; business without certificate prohibited. A person de- siring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this state as employing or master plumber, shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling, and it shall not be lawful in any city of this state for a person to conduct such trade, business or calling, unless he shall have first obtained a certificate of competency from such board of the city in which he conducts or proposes to conduct such business. § 46. Registration, when required. Every employing or master plumber carrying on his trade, business or calling in any city of this state shall register his name and address at the office of the board of health of the city in which he shall conduct such business, under such rules as the respective boards of health of each of the cities shall prescribe, and there- upon he shall be entitled to receive a certificate of such registration, provided, however, that such employing or master plumber shall at the time of applying for such registration hold a certificate of competency from an examining board of plumbers. Registra- tion. Chapter 327, Laws of 1900. 239 § 47. Cancellation of registration ; notice, catena- •■^ ' Hon of reg- Such registration may be canceled by such board of istra t' on - health for a violation of the rules and regulations for the plumbing and drainage of such city duly adopted and enforced therein, after a hearing had before such Heari ng board of health and upon a prior notice of not less notice - than ten days stating the ground of complaint and served on the person charged with the violation, but such revocation shall not be operative unless con- curred in by the local board of examiners. It shall not be lawful for any person to engage in or carry on the trade, business or calling of an employing or master plumber in any of the cities of this state, unless his name and address shall have been registered in the city in which he carries on or conducts such business. § 48. Inspectors ; qualifications ; notice. The inspectors local board of health or the commissioner or commis- sioners of the board of health, or the health depart- ment thereof, as the case may be, shall detail, designate or appoint an inspector or inspectors of plumbing, subject, however, to the provisions or limitations of law, regulating the appointment of such inspectors by such commissioner or commissioners or board or department of health of such city, AllQ^ ifica - inspectors of plumbing who are detailed, designated or appointed shall be practical plumbers and shall not be engaged directly or indirectly in the business of plumbing, during the period of their appointment. They shall be citizens and actual residents of the city in which they are appointed and before entering upon the discharge of their duties as such inspectors they shall each be required to obtain a certificate of competency from said examining board. They compensa- shall be entitled to receive compensation not exceeding uon five dollars per day for each day of actual service, to be fixed by the board, commission or department making such appointment. Duties of inspectors 240 Laws of the City of Gohoes. § 49. Duties of inspectors; reports. The inspector or inspectors of plumbing appointed under the provisions of the preceding sections, in addition to the duties, prescribed by law, and those which may be enjoined or required by the commissioner of health, the board of health or the health department of the city in which they shall be appointed, shall be to inspect the construction and alteration of all Reports, plumbing work performed in such city, and to report in writing the results of such inspection to such com- missioner of health or the board of health or the health department of their respective cities. They shall also report in like manner any person engaged in or carrying on the business of employing plumber, without having the certificate hereinbefore provided. Expiration § 50. Expiration and renewals of certin- SiEfel cates and licenses - A11 certificates of registration tincates,etc igsnyd un( j er t he provisions of the preceding sections and all licenses authorizing connections with street sewers or water mains shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days pre- Length of ceding such expiration. Such renewals to be for one renewals. , ,. T . , year from the first day of January in each year. Notice of § 51. Notice of violation of rules. Whenever violation of . , , . rules. an y inspector or other person reports a violation 01 any of such rules and regulations for plumbing and drainage, or a deviation from any officially approved plan or specification for plumbing and drainage filed with any board or department, the local board of health shall first serve a notice of the violation thereof upon the master plumber doing the work, if a regis- tered plumber. how § 52. Notice how served; proceedings when violations not removed. Such notice may be served personally or by mail, and if by mail it may be addressed to such master plumber at the Chapter 327, Laws or 1900. 241 address registered by him with such local board of health, but the failure of a master plumber to register will relieve any board of health from the requirements of giving notice of violation. Unless the violation is Proceed- removed within three days after the day of serving or v^oTatT™" mailing such notice, exclusive of the day of serving moved, or mailing, the board of health may proceed according to law. § 53. Plumbing and drainage to "be exe- piumbi^ _ 0 and drain- cuted according; to rules. The plumbing and a & e < how a to executed. drainage of all buildings, both public and private, in each of the cities of this state, shall be executed in accordance with the rules and regulations adopted by the local board of examining plumbers, in conjunction with the board of health for plumbing and drainage, and all repairs and alterations in the plumbing and drainage of all buildings heretofore constructed shall also be executed in accordance with such rules and regulations; but this section shall not be construed to repeal any existing provision of law requiring plans for the plumbing and drainage of new buildings to be filed with any local board of health and be previously approved in writing by such board of health and be executed in accordance therewith, except that in case of any conflict with such plans, rules and regulations of the board of examiners, the latter shall govern. § 54. Office room ; expenses a city charge Rooms ^ -ni_e t ** CD* stationery, H,acn ot such examining boards of plumbers shall *£-' k and have power to procure suitable quarters for the transaction of business, to provide the necessary books and stationery and to employ a clerk to' keep such books and record the transactions of such board. The board of estimate and apportionment or the common council of a city as the case may be shall annually insert in their tax levy a sufficient sum to meet all the expenditures incurred under the provis- ions of this article. The expenses incurred by the Expenses. 242 Laws of the City of Cohoes. several examining boards of plumbers in the execution and performance of the duties imposed by this article shall be a charge on the respective cities and shall be audited, levied, collected and paid in the same manner as other city charges are audited, levied, collected and paid. Violations. § 55. Violations how punished. Any person violating any of the provisions of this article, or any rules or regulations of the board of health or of the examining board of plumbers in any city regulating the plumbing and drainage of buildings in such city, shall be guilty of a misdemeanor, and on conviction if a master plumber, shall in addition, forfeit any certifi- cate of competency or registration, which he may hold under the provisions thereof. Licenses to § 56. Issue of licenses to connect with, with sewer, SeWei* and water mains, restricted. The commissioner of public works of any city, or the officer or officers acting in a like capacity in any of the cities of this state, and having charge of the sewers and water mains therein, shall not issue a license to any one to connect with the sewers or with the water mains of such cities, unless such person has obtained and shall produce a certificate of competency from the examining board of such city. Lhmtation § 57. Article limited. Nothing in this article of article ' shall effect or supersede any provision of chapter eight hundred and three of the laws of eighteen hundred and ninety-six, relating to plumbing in the city of New York. Chapter 327, Laws of 1900. 243 ARTICLE IV. BRIDGES. Section 70. Submission of proposition to borrow money. 71. Special meeting. 72. Notice of submission. .73. Ballots. 74. Polls of special meeting; certificate of results. 75. Erection of bridge ; acquisition of lands. 76. Issue of bonds. 77. Lien on city property. 78. Tax for interest and principal. 79. Bridges to be free. 80. Application of article. § 70. Submission of proposition to borrow proposition Txri -i for borrow- moiiey. W henever the common council of any city ing money, shall by resolution declare and determine that the interests of such city and the convenience of the pub- lic require that a bridge should be erected across any stream or watercourse within the corporate limits of such city, such common council is authorized to submit to the qualified electors of such city, being- taxpayers, at any annual charter election held in such city, or at a special meeting of such electors, being tax- payers, held for that purpose, the proposition whether the amount needed to build such bridge shall be borrowed by such city. § 71. Special meeting. In case such proposi- special tion shall be submitted to such electors at a special meetlng meeting, the common council shall by resolution pre- scribe by whom, and in what manner and at what place or places, within such city such special meeting shall be held. 244 Laws of the City of Cohoes. Notice of § 72. Notice of submission. Whether such submission. propogition slia u be submitted at the annual election or at a special meeting, the city clerk shall give at least two weeks' notice of such submission by publishing at least twice, notice thereof in two newspapers pub- lished in any such city, and by posting such notices in at least one public place in each ward of such city, at least ten days prior to the time mentioned in such notice for such submission, which notice shall set forth the estimated cost of such bridge and the pro- posed location of the same, and the time and place or places of such ■submission. Baiiots. | 73 Ballots. The vote shall be by ballot and ballots therefor shall be provided by the common council for that purpose of two kinds, one containing the words "For the building of a bridge and borrowing the money by the city to defray the cost of the same," and the other containing the words " Against build- ing a bridge and borrowing the money by the city to defray the cost of the same." pons, when § 74. Polls of special meeting ; certificate of result. If such special meeting be held, the polls of such special meeting shall be kept open at least from nine o'clock in the forenoon until four o'clock in the afternoon, and the persons directed to hold and holding the same shall certify the result thereof to the common council, and if such proposition is submitted certificate at the annual election, the inspectors of such election ot resuk ' shall certify the result thereof to the common council and such common council shall at its next regular meeting held after such result is so certified or at a special meeting called for that purpose by resolution to be entered in its minutes, declare according to the facts whether such proposition was carried or not and whether a majority of such votes were cast in favor of or against such proposition and such declaration shall be conclusive evidence of the fact it shall declare. Chaptee 327, Laws of 1900. 2< § 75. Erection of bridge; acquisition of Erection lands. If such proposition is carried and so declar- " Re ' ed, then such common council is authorized to erect such bridge and acquire such land as may be needed for the approaches thereof, and if for any reason such lands cannot be acquired by purchase, to acquire the same by condemnation for the public use thereof, pursuant to existing laws. § 76. Issue of bonds. Such common council IS Issue of authorized to borrow such sum of money as may be needed to defray the cost of such bridge, and such land, at a rate of interest not exceeding four per centum per annum and to secure the payment of the sum so borrowed, to issue the bonds of the city to an amount not exceeding such costs. Such bonds shall be an obligation of such city and shall be signed by the mayor of such city, countersigned by the clerk, and shall bear the corporate seal of such city, but the interest coupons or warrants need only be signed by the mayor. The principal of such bonds or obliga- tions shall be made payable at such times and in such amounts not exceeding fifty years from their date, as the common council may deem best, and shall bear interest at the rate of not exceeding four per centum per annum; the interest thereon shall be payable semi-annually and the principal and interest may be made payable in the city of New York. § 77. Lien on city property. The principal Bonds a and the interest of such bonds or obligations shall ' en ' be a lien on the taxable property of such city, and the credit of such city is hereby pledged for the payment of the same, and the money so borrowed shall be used and appropriated for the purpose contemplated by this article, and for no other purposes, and such bonds or obligations shall not be sold for less than par. § 78. Tax for interest and principal. The Tax. common council of such city shall have power, and it 246 Laws of the City of Cohoes. shall be their duty, from time to time, and as often as it may become necessary, to provide for the payment at maturity of the principal of all bonds or obligations authorized by this article, and issued pursuant thereto, and the interest thereon, and to include in the annual tax levy and cause to be levied and collected each and every year until such bonds and the interest thereon shall be fully paid, such sum or sums of money as will be necessary to pay such bonds or obligations and the interest thereon at maturity, and see that the moneys so raised and collected are applied to the payment of such principal and interest. Bridges § 79. Bridges to be free. Every bridge erected pursuant to the provisions of the preceding sections, shall be free to the public. Application § 80. Application Of article. The provisions of article. ^ arfcicle gllall not apply to any bridge erected or authorize the erection of any bridge on the Hudson river below Waterford, or on the East river or over water forming a part of the boundaries of the state. ARTICLE V. POLICE MATRONS. Section 90. Police station houses for the detention of women ; how designated. 91. Police matrons ; lurw appointed. 92. Term of service, salaries, vacancies. 93. When police matrons to reside at station houses. 94. Women under arrest to have separate ac- commodations. 95. Proceeding in case of arrest of women. 96. Women defined. 97. Appropriations under article, how made. Chapter 327, Laws of 1900. 247 Section 90. Police station houses for the de- Detention . . r> _ of women. tention of women ; how designated. The mayor of every city containing a population of twenty- five thousand shall and the mayor of every other city when authorized by a resolution of the common coun- cil may designate one or more station houses within his city for the detention and confinement of all women under arrest in such city. Such mayor or board of commissioners of police may at any time designate for such purpose any additional station house or houses, or may revoke the designation of any station house or houses theretofore designated, pro- vided that at least one sach station house shall at all times be so designated for such purpose in each city. § 91. Police matrons ; how appointed. Thence 7 matrons. mayor ot each city shall appoint for each station house designated as provided in the preceding section, not more than two respectable women who shall be known as police matrons in the same manner and under the restrictions governing the appointment of patrolmen, so far as the same may be applicable, except that any rule or regulation as to the age of a person appointed patrolman shall not apply to matrons appointed under the provisions of this arti- cle. No woman shall be appointed a police matron unless suitable for the position and recommended therefor in writing by at least twenty women of good standing, residents of the city in which the appoint- ment is made. In cities where there are no station houses, and where the county jail is used for the purposes of a house of detention, it shall be deemed a compliance with the provisions of this article if there shall be in constant attendance at such jail, so long as any woman is detained under arrest therein, a woman properly qualified for and who shall perform the duties herein imposed upon police matrons. station house, when. 248 Laws of the City of Cohoes. Term of § 92. Term of service, salaries, vacancies. service p 0 ii C e matrons shall on appointment, hold office until removed, and they may be removed at any time by the authority appointing them, after an opportunity to be heard, by written order stating the cause of such vacancies, removal. Upon the death, resignation or removal of a police-matron, her successor shall be appointed as soon as may be, in the manner hereinbefore provided. salary. A police matron shall receive a compensation or salary to be fixed by the common council in the several cities where such matrons shall be provided, not exceeding in any case the minimum salary paid to patrolmen in the city in which such matron is appointed. poike § 93. When police matrons to reside at Sd°e n at to station house. When only one police matron is attached to a police station, she shall reside there, or within a reasonable distance therefrom, and shall hold herself in readiness to respond to any call therefrom at any hour of the day or night, and each matron shall, during such hours as may be fixed by the head of the police department, remain in such station and hold herself in readiness to respond to any call there- from. So long as any woman is detained or held under arrest in a police station to which a police matron is attached, it shall be the duty of such matron to remain constantly thereat, ready for service ; or if there be more than one matron attached to such sta- tion, then one of them shall be constantly ready for service. A police matron shall, subject to the officer in charge of such station house, have the immediate care and charge of all women held under arrest in the station to which she is attached, and she may at any time call upon the officer in charge of such station for assistance. She shall be subject to the authority of the board of police, or if there be no such board, then to the chief of police in the city where she may be appointed, and to the rules prescribed by such Chapter 327, Laws of 1900. 249 authority, but at a station where she may be on duty she shall be subject only to the authority of the officer in charge thereof. § 94. Women under arrest to have separ- f c e c p 0 a mm e 0 - ate accommodations. It shall be the duty of the t a 0 mS. for boards of commissioners of police in every city, or if there be no board of police, then of the mayor of such city, to provide sufficient accommodations for women held under arrest to keep them separate and apart from the cells, corridors and apartments provided for males under arrest, and to so arrange each station house that no communication can be had between the men and women therein confined, except with the consent of the matrons and officers in charge of such station house. § 95. Proceeding in case of arrest of Pr ° ceedin £ women. W nenever a woman is arrested and taken wom f\ arrested. to a police station, to which a matron is attached, it shall be the duty of the officer in charge of the station to cause such matron to be summoned forthwith, and whenever, in any city in which a police matron has been appointed, a woman is arrested and taken to a station house to which no matron is attached, it shall be the duty of such officer to cause such woman to be removed as soon as possible to the nearest station house within such city to which a police matron is attached. No such separate confinement nor any jurisdiction such removal of any woman shall operate to take° fc ° urt ' from any court any jurisdiction it has. § 96. Woman defined. The term "woman" as "woman" used in this article shall not include any female either actually or apparently under the age of sixteen years, whose care is assumed by any society, referred to in section two hundred and ninety-three of the penal code ; but every such female upon being taken to a station house shall be at once transferred therefrom, by the officer in charge, to the custody of such society! 250 Laws of the City of Cohoes. Appropri- § 97. Appropriations under article, how mad" 8 ' ° w made. The proper local authorities of each city in which a police matron has been appointed shall appropriate annually such sum as may. be needed for the separate care and confinement in station houses of any woman arrested in such city, and for the appoint- ment, salary and maintenance of police matrons for the purposes of this article. ARTICLE VI. [Applies to cities of the first class only.] ARTICLE VII. [Applies to cities of the first and second class only.] ARTICLES VIII AND IX. [Apply to cities of the first class only.] ARTICLE X. [Applies to cities of the first and second class only.] ARTICLE XI. [Relates to construction of act, repeals, etc. only.] The General Municipal Law. CHAPTER 685, LAWS OF 1892. An Act in relation to municipal corporations consti- tuting chapter seventeen of the general laws. Approved by the Governor May 18, 1892 Passed, three-fifths being present, The People of the State of New York, represented in Senate and Assembly, do enact as follows-: CHAPTER XVII OF THE GENERAL LAWS. THE GENERAL MUNICIPAL LAW. Section 1. Short title and use of terms. 2. Limitation of indebtedness. 4. Temporary loans. 5. Funded debt. 6. Payment of municipal bonds. 7. Funded and bonded debts. 8. Issuance of municipal bonds. 9. Registry of municipal bonds. 10. Conversion of coupon into registered bonds. 11. Defects not invalidating municipal bonds. 20. Payment of judgments against municipal corporations. 21. Liability for damages by mobs and riots. 22. Condemnation of real property. 23. Insurance of property. 24. Free public libraries. 26. Leases of public buildings to grand army posts. 27. Discrimination against non-residents. 28. Peddling and hawking farm produce. 251 252 Laws of the City of Cohoes. Twe. Section 1. Short title and use of terms. This chapter shall be known as the general municipal law. Terms The terra, municipal corporation, as used in this used ' chapter includes only a county, town, city and village. The term, governing board, includes the board of supervisors of a county, the town board of a town, the common council of a city, and the board of trustees of a village. onndebted § 2 - Limitation of indebtedness. [This sec- nes". e te " t | on i s no t applicable to Cohoes, but see § 10, Article VIII, State Constitution.] § 3. [This section is not applicable to Cohoes.] Temporary § 4. Temporary loans. Moneys shall not be borrowed by a municipal corporation on temporary loan, except in anticipation of the taxes of the current fiscal year, and for the purposes for which such taxes are levied, and shall not be in excess of the amount of such taxes'. Such loans shall always be made payable within eight months, and in no case shall interest run on any such loan after such taxes are paid into the treasury of the corporation. Funded § 5. Funded debt A funded debt shall not be coSraS. contracted by a municipal corporation, except for a specific object, expressly stated in the ordinance or resolution proposing it ; nor unless such ordinance or resolution shall be passed by a two-third vote of all the members elected to the board or council adopting it, or submitted to, and approved by the electors of the town or county, or taxpayers of the village or city when required by law. Such ordinance or resolution shall provide for raising annually, by tax, a sum suffi- cient to pay the interest and the principal, as the same shall become due. payment of § 6. Payment of municipal bonds. Where the bonds of a municipal corporation have been lawfully issued, and the payment of the principal or interest Chapter 685, Laws of 1892. 21 thereof shall not have been otherwise paid or provided for, the same shall be a charge upon such corporation, and shall be levied and assessed, collected and paid the same as other debts and charges. When for any reason any portion of the principal or interest due upon such bonds shall not have been paid, the same shall be assessed, levied and collected at the first assessment and collection of taxes by such corporation after such omission. § 7. Funded and bonded debts, The bonded Funding bonded indebtedness of a municipal corporation, including debts interest due or unpaid, or any part thereof, may be paid up or retired by the issue of the new substituted bonds for like amounts by the board of supervisors or supervisor, board, council or officers having in charge the payment of such bonds. Such new bonds shall only be issued when the existing bonds can be retired by the substitution of the new bonds therefor, or can be paid up by money realized by the sale of such new bonds. Where such bonded indebtedness shall be- come due within two years from the issue of such new bonds, such new bonds may be issued and sold to provide money in advance to pay up such existing bonds when they shall become due. Such new bonds shall contain a recital that they are issued pursuant to this section, which recital shall be conclusive evidence of their validity and of the regularity of the issue ; shall be made payable not less than one or more than thirty years from their date ; shall bear date and draw interest from the date of the payment of existing bonds, or the receipt of the money to pay the same, at not exceeding the rate of five per centum per annum, payable quarterly, semi-annually or annually ; and an amount equal to not less than two per centum of the whole amount of such new bonds may be payable each year after the issue thereof. Such new bonds shall be sold and negotiated at the best price obtainable, not less than their par value ; shall be valid and binding 254 Laws of the City of Cohoes. on the municipal corporation issuing them ; and until payable shall be exempt from taxation for town, county, municipal or state purposes. All bonds and coupons retired or paid shall be immediately cancelled. A certificate shall be issued by the officer, board or body issuing such new bonds, stating the amount of existing bonds, and of the new bonds so issued, which shall be forthwith filed in the office of the county clerk. Ex- cept as provided in this section, new bonds shall not be issued in pursuance thereof, for bonds of a munici- pal corporation adjudged invalid by the final judg- ment of a competent court. A majority of the tax- payers of a town, voting at a general town meeting, or special town meeting duly called, may authorize the issue in pursuance of this section of new bonds for such invalid bonds, and each new bond so issued shall contain substantially the following recital: " The issue of this bond is duly authorized by a vote of the taxpayers of the said town," which shall be conclu- sive evidence of such fact. The payment, adjustment or compromise of a part of the bonded indebtedness of a municipal corporation shall not be deemed an admis- sion of the validity or a recognition of any part of the bonded indebtedness of such municipal corporation not paid, adjusted or compromised. (As amended by § 1, Chapter 333, Laws of 1901. Previously amended by Chapter 122, Laws of 1893; Chapter 466, Laws of 1893 ; also Chapter 54, Laws of 1897.) Nuance of § 8. Issuance of municipal bonds. Each bond bonds issued by a municipal corporation shall be signed by each officer issuing the same, with the designation of his office; and the interest coupons attached thereto, if any, shall be signed by one of their number. Each such bond shall state the place of payment and, if no coupons are attached thereto, the name of the payee. Chapter 685, Laws of 1892. 255 § 9. Registry of municipal "bonds. Each £ e £2 municipal corporation shall keep in the office of its clerk, suitable books in which shall be entered a full description of the amount, rate of interest, class, number, date of issue, pursuant to what law, and maturity of all bonds issued by any of its officers, and, if such statement is not already entered, of all bonds converted from coupon into registered bonds. A bond to which no coupons are attached may be registered, at the request of the payee, in the books so kept in the office of such clerk, and a certificate of such registry shall be indorsed upon the bond by such clerk, and attested by his seal, if he has one. The clerk shall be entitled to a fee of twenty-five Fee of clerk cents for each bond so registered. The principal and therefor interest of a registered municipal bond shall be paya- ble only to the payee, his legal representatives, suc- cessors or assigns, and shall be transferable only upon presentation to such clerk, with a written assignment duly acknowledged or approved. The name of the assignee shall be entered upon such bond so trans- ferred and the books so kept in the office of the clerk. It shall be the duty of the clerk or other officer having charge of the office where such registry is kept, to transmit a statement of such indebtedness to the clerk of the board of supervisors of the county in which such office is situated, annually, on or before the first day of November. (As amended by § 1, Chapter 350, Laws of 1895.) § 10. Conversion ot coupon into register- ^cdupon 11 ed "bonds. When the owner of coupon bonds of a bonds municipal corporation shall present any such bonds to the officers who issue the same, or their successors, with a written request for their conversion into regis- tered bonds, such officer shall cut off and destroy the coupons and stamp, print or write upon each of the bonds a statement, properly dated, of the amount and 256 Laws of the City of Cohoes. value of such coupons, and that the interest, at the rate and on the date, as was provided by the coupons, as well as the principal, is to be paid to such owner, his legal representatives, successors or assigns, at a place therein stated, which shall be the place stated in the coupons, unless changed with the written consent of the owner; and thereupon such bonds may be regis- tered in the office of the clerk of the municipal corpor- ation. This section shall not apply where provision is otherwise made by law or local ordinance, for the conversion or exchange of coupons for registered bonds. Bonds not § 11. Defects for invalidating municipal invalidated, k on( j s When the bonds of a municipal corporation have been issued and sold by the proper authorities, and the time fixed for their maturity shall be for a longer period than provided by the law under which they were issued, a variance of not exceeding sixty days shall not affect their validity. §§ 12-19. [These sections, relating to bonds issued in aid of the construction of railroads, do not apply to Cohoes.] judgments, § 20. Payment of judgments against mu- paymentof. 0 . ° , 5?, r. i • n , r> nicipal corporation. When a final judgment lor a sum of money shall be recovered against a munici- pal corporation, and the execution thereof shall not be stayed pursuant to law, or the time for such stay shall have expired, the treasurer or other financial officer of such corporation having sufficient moneys in his hands belonging to the corporation not other- wise specifically appropriated, shall pay such judg- ment upon the production of a certified copy of the docket thereof. Note— In relation to the collection of judgments against cities, see Chapter 554, Laws of 1880. Damages § 21. Liability for damages by mobs and by mobs, riots A city or countv shall be liable to a person whose property is destroyed or injured therein by a Chapter 685, Laws of 1892. 257 mob or riot, for the damages sustained thereby, if the consent or negligence of such person did not contribute to such destruction or injury, and such person shall have used all reasonable diligence to prevent such damage, shall have notified the mayor of the city, or sheriff of the county, of a threat or attempt to destroy or injure his property by a mob or riot, immediately upon acquiring such knowledge, and shall bring an action therefor within three months after such damages were sustained. A mayor or sheriff receiv- Duty of ing notification of a threat or attempt to destroy or t£latto° n • injure injure property by a mob or riot shall take all lawful property, means to protect such property; and if he shall neglect or refuse, the person whose property shall be destroyed or injured, may elect to bring his action for damages against such officer instead of the city or county. § 22. Condemnation of real property. A condemna- municipal corporation authorized by law to take and property. hold real property for the uses and purposes of the corporation, may, if it is unable to agree with the owners for the purchase thereof, acquire title to such property by condemnation. § 23. Insurance of property. Public officers Insurance, having by law the care and custody of the public buildings and other property of a municipal corpora- tion, may insure the same at the expense and for the benefit of such corporation. § 24. Free public libraries. Any municipal Libraries, corporation may establish and maintain a free public library or museum in accordance with the library provisions of the university law, being chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-two. (As amended by § 1, Chapter 576, Laws of 1896.) § 25. [Does not apply to cities.] 258 Laavs of the City of Cohoes. Leases to § 26. Leases of public buildings to Grand Ar r my d Army posts. A municipal corporation may lease, for not exceeding five years, to a post or posts -of the Grand Army of the Republic, or other veteran organ- ization of honorably discharged union soldiers, sailors or marines, a public building or part thereof, belong- ing to such municipal corporation, except school- houses in actual use as such, without expense, or at a nominal rent, fixed by the board or council having charge of such buildings. ? e °nts re dt § 27 '• Discriminating against non-resi- agSiis? 110 " dents. Any restriction or regulation imposed by the governing board of a municipal corporation upon the inhabitants of any other municipal corporation within this state, carrying on or desiring to carry on any lawful business or calling within the limits thereof, which shall not be necessary for the proper regula- tion of such trade, business or calling, and shall not apply to citizens of all parts of the state alike, except ordinances or regulations in reference to traveling- circuses, shows and exhibitions, shall be void. peddling, § 28. Peddling and hawking farm produce. produce™ Tlie g 0vern i n g board of a municipal corporation shall igiling, not by ordinance or otherwise regulate or prohibit the nottopaU - pursuit or exercise of hawking and peddling farln produce except hay and straw within the limits of any such municipal corporation, if such farm produce is hawked or peddled by the producer thereof, or his • servants or employes ; nor shall the governing board of any such municipal corporation pass an ordinance requiring such producer of farm produce to secure a license for peddling and hawking such farm produce within the limits of such municipal corporation. All existing ordinances and regulations prohibiting such peddling and hawking except of hay and straw or requiring a license therefor shall on and after the Chapter 685, Laws of 1892. 2 59 passage of this act be of no force and effect. Nothing Pending contained herein shall affect any pending action Of affected, proceeding to recover penalties imposed for violations of existing ordinances and regulations. Nothing jjX Wagons this section shall be construed to permit wagons from ducenotto which farm produce is sold to stand in front of stores or private residences for a longer time than may be necessary for the sale and delivery of produce pur- chased by the occupants of such stores or residences ; nor to permit the congregating of such wagons upon any street or thoroughfare not set apart by the muni- cipality as a public market for the sale of farm pro- duce. This section shall not apply to cities of the Application first class nor to the city of Rochester. of section. (Added by Chapter 237, Laws of 1899, repealed by Chapter 327, Laws of 1900, and new section added by Chapter 389, Laws of 1901.) The Public Officers Law. CHAPTER 681, LAWS OF 1892. An Act in relation to public officers, constituting chapter seven of the general laws. Approved by the Governor May 18, 1892. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER VII OF THE GENERAL LAWS. The Public Officers Law. Article I. Appointment and qualification of public officers (§§ 1-14). II. Creation and filling of vacancies (§§ 20- 31). III. Powers and duties of public officers (§§ 40-44). ARTICLE I. Appointment and Qualification of Public Officers. Section 1. Short title and extent of application. 2. Definition. 3. Qualifications for holding office. 4. Commencement of term of office. 5. Holding over after expiration of term. 9. Deputies, their appointment, number and duties. 260 Chapter 681, Laws of 1892. 261 Section 10. Official oaths. 11. Official undertakings. - 12. Force and effect of official undertakings. 13. Notice of neglect to file oath or under- taking. 14. Effect of revision on terms of office. 15. Validation of official acts performed before filing official oath of undertaking. Section l . Short title and extent of applica- Title tion. This chapter shall be known as the public officers law, and applies to civil officers only. § 2. Definitions. The term state officer includ OS Definitions, every officer for whom all the electors of the state are entitled to vote, members of the legislature, justices of the supreme court, regents of the university, and every officer, appointed by one or more state officers, or by the legislature, and authorized to exercise his official functions throughout the entire state, or with- out limitation to any political subdivision of the state, except United States senators, member of congress, and electors for president and vice-president of the United -States. The term local officer includes every other officer who is elected by the electors of a portion only of the state, every officer of a political subdivision or municipal corporation of the state, and every officer limited in the execution of his official functions to a portion only of the state. The office of a state officer is a state office. The office of a local officer is a local office. § 3. Qualifications for holding office. No puaufica- person shall be capable of holding a civil office who 1 ' 0 " 8 ' shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within 2Q2 Laws of the City of Cohoes. which the electors electing him reside, or within which his official functions are required to be exer- cised. Terms of § 4. Commencement of term of office. The mlScemeS'term oE office oE an elective officer, unless elected to fill a vacancy then existing, shall commence on the first day of January next after his election, if the commencement thereof be not otherwise fixed by law. Holding § 5. Holding over after expiration of term. Every officer except a judicial officer, a notary public, a commissioner of deeds and an officer whose term is fixed by the constitution, having duly entered on the duties of his office, shall, unless the office shall termi- nate or be abolished, hold over and continue to dis- charge the duties of his office, after the expiration of the term for which he shall have been chosen, until his successor shall be chosen and qualified ; but after the expiration of such term, the office shall be deemed vacant for the purpose of choosing his successor. An officer so holding over for one or more entire terms, shall, for the purpose of choosing his successor, be regarded as having been newly chosen for such terms. An appointment for a term shortened by reason of a predecessor holding over, shall be for the residue of the term only. §§ 6-8. [These sections do not apply to local officers.] Deputies, § 9. Deputies, their appointment, number MS? 1 " and duties. Every deputy, assistant, or other sub- speciai law. ordinate offi(jer> whose ap p 0 intment or selection is not otherwise provided for, shall be appointed by his principal officer, board or other body, and the number thereof, if not otherwise prescribed by law, shall be limited in the discretion of the appointing power. If SdSfe there is but one deputy, he shall, unless otherwise b?, onnum - prescribed by law, possess the powers and perform Number. Powers Chapter 681, Laws of 1892. 263 the duties of his principal during the absence or ina- bility to act of his principal, or during a vacancy in his principal's office. If there be two or more depu- ties of the same officer, such officer may designate, in writing, the order in which the deputies shall act, in case of his absence from the office or his inability to act, or in case of a vacancy in the office, and if he shall fail to make such designation, the deputy longest in office present, shall so act. If two or more depu- ties present shall have held the office for the same period, the senior deputy in age shall so act. Such written designation by a state officer shall be filed in the office of the secretary of state ; and by any other officer, in the office of the clerk of the county in which the principal has his office. If a vacancy in aContin- public office shall be caused by the death of the incum- S™. bent, the deputies shall, unless otherwise provided by C °^ m law, continue to hold office until the vacancy shall have been filled in accordance with law. § 10. Official oaths. Every officer shall take official and file the oath of office required by law before he° aths - shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be How ad- administered by any officer authorized to take, ministered - within the state, the acknowledgment of the execu- tion of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be administered to any member of a body of officers, by a presiding officer or clerk, thereof, who shall have taken an oath of office. The oath of office of a notary where public or commissioner of deeds shall be filed in the a office of the clerk of the county in which he shall reside. The oath of office of * every state officer shall be filed in the office of the secretary of state ; of every office of a municipal corporation, with the clerk thereof; and of every other officer, in the office of the clerk of the county in which he shall 264 Laws of the City of Coboes. reside, if no place be otherwise provided by law for the filing thereof. (As amended by § 1, Chapter 318, Laws of 1893.) § 11. Official undertakings. Every official undertaking, when required by or in pursuance ot law to be hereafter executed or filed by any officer, E ff ec o, shall be to the effect that he will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer, in accordance with law, or in default thereof, that the parties executing such undertaking will pay all damages, costs and expenses resulting from such default, not exceeding a sum, if any, speci- Approva! fled in snch undertaking. The undertaking of a state ° f - officer shall be approved by the comptroller both as to its form and as to the sufficiency of the sureties, and be filed in the comptroller's office. The under- taking of a municipal officer shall, if not otherwise provided by law, be approved as to its form and the sufficiency of the sureties by the chief executive officer or by the governing body of the municipality and be 'filed with the clerk thereof. The approval by such governing body, may be by resolution, a certi- fied copy of which shall be attached to the undertak- _o,.ing. The sum specified in an official undertaking shall be the sum for which such undertaking shall be required by or in pursuance of law to be given. If no sum or a different sum from that required by or in pursuance of law be specified in the undertaking, it shall be deemed to be an undertaking for the amount so required. If no sum be required by or in pursuance of law to be so specified, and a sum be specified in the undertaking, the sum so specified shall not limit the liability of the sureties therein. Every official undertaking shall be executed and duly acknowl- edged by at least two sureties, each of whom shall add thereto his affidavit that he is a freeholder or house- Chapter 681, Laws of 1892. 265 holder within the state, stating his occupation and residence and the street number of his residence and place of business if in a city, and a sum which he is worth over and above his just debts and liabilities and property exempt from execution. The aggre- gate of the sums so stated in such affidavits must be at least double the amount specified in the undertak- ing.^ The failure to execute and * official undertak- Failure to ing in the form or by the number of sureties required der taking, by or in pursuance of law, or of a surety thereto to^bSty^f make an affidavit required by or in pursuance of law, SMeS ' or in the form so required, or the omission from such an undertaking of the approval required by or in pursuance of law, shall not affect the liability of the sureties therein. § 12. Force and effect of official undertak- Force and ing. An officer of whom an official undertaking is !Skh£ n " required, shall not receive any money or property as such officer, or do any act affecting the disposition of any money or property which such officer is entitled to receive or have the custody of, before he shall have filed such undertaking ; and any person having the custody or control of any such money or property shall not deliver the same to any officer of whom an undertaking is required until such undertaking shall have been given. If a public officer required to give an sureties official undertaking, enters upon the discharge of any previous of his official duties before giving such undertaking, the sureties upon his undertaking subsequently given for or during his official term shall be liable for all his acts and defaults done or suffered and for all moneys and property received during such term prior to the execution of such undertaking, or if a new undertak- ing is given, from the time notice to give such new undertaking is served upon him. Every official under- du taking shall be obligatory and in force so long as the" 1 officer shall continue to act as such and until his *So in the original. ration of suretyship. 266 Neglect to file oath or undertak- ing. Notice of appoint- ment or election. Notice of neglect to file oath, etc., how given. Justice of the peace. Effect of revision. Laws of the City of Cohoes. successor shall be appointed and duly qualified, and until the conditions of the undertaking shall have been fully performed. When an oflicial undertaking is renewed pursuant to law the sureties upon the former undertaking shall not be liable for any official act done or moneys received after the due execution, approval and filing of the new undertaking. § 13. Notice of neglect to file oath or un- dertaking. The officer or body making the appointment or certificate of election of a public officer shall, if the officer be required to give an official undertaking to be filed in an office other than that in which the written appointment or certificate of elec- tion is to be filed, forthwith give written notice of such appointment or election to the officer in whose office the undertaking is to be filed. If any officer shall neglect, within the time required by law, to take and file an official oath, or execute and file an official undertaking, the officer, with whom or in whose office such oath or undertaking is required to be filed, shall forthwith give notice of such neglect, if of an appoint- ive officer, to the authority appointing such officer; if of an elective officer, to the officer, board or body authorized to fill a vacancy in such office, if any, or if none and a vacancy in the office may be filled by a special election, to the officer, board or body author- ized to call or give notice of a special election to fill such vacancy ; except that the notice of failure of a justice of the peace to file his official oath, shall be given to the town clerk of the town for which the jus- tice was elected. § 14. Effect of revision on terms of office. If an office be continued by the general laws constitu- ting the revision of which this chapter is a part, the person now lawfully holding such office shall, subject to the provisions of such general laws, continue there- in for the term for which he was chosen, or if holding Chapter 681, Laws of 1892. 267 over after the expiration of his term, until his suc- cessor shall be chosen and shall have qualified. § 15. Validation of official acts performed ^mSii" before filing official oath of undertaking. * ct ° s - If a public officer, duly chosed, has heretofore enter- ed, or shall hereafter enter on the performance of the duties of his office, without taking or filing an official oath, or executing or filing an official undertaking, as required by the constitution, or by any general or special law, his acts as such officer, so performed, shall be as valid and of as full force and effect as if such oath had been duly taken and filed, and as if such under- taking had been duly executed and filed, notwithstand- ing the provisions of any general or special law declar- ing any such office vacant, or authorizing it to be de- clared vacant, or to be filled as in case of vacancy, or imposing any other forfeiture or penalty for omis- ' sion to take or file any such oath, or to execute or file any such undertaking ; but this section shall not otherwise affect any provision of any general or special law, declaring any such office vacant, or authorizing it to be declared vacant, or to be filled as in case of vacancy, or imposing any other for- feiture or penalty, by reason of the failure to take or file any such oath or to execute or file any such under- taking; and this section shall not relieve any such officer from the criminal liability imposed by section forty-two of the penal code, for entering on the dis- charge of his official duties without taking or filing such oath or executing or filing such undertaking. ( As added by § 1, Chapter 403, Laws of 1894.) \ 268 Laws of the City of Cohoes. ARTICLE II. CREATION AND FILLING OF VACANCIES. Section 20. Creation of vacancies. 21. Resignations. 26. Notice of existence of vacancy. 27. Terms of officers chosen to fill vacancies. creation of § 20. Creation of vacancies. Every office shall be vacant upon the happening of either of the follow- ing events before the expiration of the term thereof : 1. The death of the incumbent ; 2. His resignation ; 3. His removal from office ; 4. His ceasing to be an inhabitant of the state, or if he be a local officer, of the political subdivision, or municipal corporation of which he is required to be a resident when chosen ; 5. His conviction of a felony, or a crime involving a violation of his oath of office ; 6. The judgment of a court, declaring void his election or appointment, or that his office is forfeited or vacant ; 7. His refusal or neglect to file his official oath or undertaking, if one is required, before or within fifteen days after the commencement of the term of office for which he is chosen, if an elective office, or if an appointive office, within fifteen days after notice of his appointment, or within fifteen days after the commencement of such term; or to file a renewal undertaking within the time required by law, or if no time be so specified, within fifteen days after notice to him in pursuance of law, that such renewal undertaking is required. When a new office or an additional incumbent of an existing office, shall be created,, such office shall for the purposes of an Chapter 68], Laws of 1892. 269 appointment or election, be vacant from the date of its creation, until it shall be filled by election or appointment. § 21. Resignations. Public officers may resign Resigna- their offices as follows : lfed ow [Sub-divisions 1-6 are not applicable to city offices.] 7. The officer of any other municipal corporation, to the clerk of the corporation ; 8. Every other appointive officer, where not other- wise provided by law, to the body, board or officer that appointed him, and every other elective officer, where not otherwise provided by law, to the Secretary of state. Every resignation shall be in writing addressed to To.be in the officer or body to whom it is made. If addressed Wdting to an officer, it shall take effect upon delivery to him When to at his place of business or when it shall be filed in his take effect office. If addressed to the legislature or to the presiding Do . officer of either house thereof, it shall be delivered to and filed with the secretary of state, and shall take effect when so delivered, and he shall forthwith com- municate the fact of such resignation to the legisla- ture or to such house, if in session, or if not, at its first meeting thereafter. If addressed to any other body it shall be delivered Do. to the presiding officer or clerk of such body, if there be one, and if not, to any member thereof, and shall take effect upon such delivery, and shall be filed with the clerk, or if there be no clerk, with the other records of such body. A delivery at the office or place what a of residence or business of the person to whom any ESSS such resignation may be delivered shall be a sufficient delivery thereof. §§ 22-25a. [Not applicable to city officers.] 270 Notice of vacancy upon con- viction of felony. Notice of vacancy upon death. Terms of officers tilling vacancies. Laws of the City of Cohoes. § 26. Notice of existence of vacancy. When a judgment shall be rendered by any court convicting an officer of a felony, or of a crime involving a viola- tion of his oath of office, or declaring the election or appointment of any officer to be void, or that the office of any officer has been forfeited or become va- cant, the clerk of such court shall give notice thereof to the governor, stating the cause of such conviction or judgment. Whenever a public officer shall die before the expi- ration of his term of office, or shall cease to be a resident of the political sub-division of the state or a municipal corporation in which he is required to be a resident as a condition of continuing in the office, the county clerk of the county in which such officer shall have resided immediately prior to such death or removal, shall immediately give notice of snch death or removal to the governor. If the governor is not authorized to fill any vacancy of which he shall have notice, he shall forthwith give notice of the existence of such vacancy to the officer or officers, or to the body or board of officers authorized to fill the vacancy, or if such vacancy may be filled by an election, to the officers authorized to give notice of such election. § 27. Terms of officers chosen to fill vacan- cies. If an appointment of a person to fill a vacancy in an appointive office be made by the officer, or by the officers, body or board of officers, authorized to make appointment to the office for the full term, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. The term of office of an officer appointed to fill a vacancy in an elective office, shall be until the commencement of the political year next succeeding the first annual election after the happening of the . vacancy, if the office be made elective by the constitution, or at which the Chapter 681, Laws of 1892. 271 vacancy can be filled by election, if the office be otherwise made elective. [Remainder of Article II not applicable to city officers.] ARTICLE III. POWERS AND DUTIES OF PUBLIC OFFICERS. Section 41. Business in public offices on public holi- days. 42. Payment of expenses of public officers. § 40. [Not applicable to city officers.] § 41. Business in public offices on public Pubnc bU si holidays. Holidays and half holidays shall be con-Sa?*. sidered as Sunday for all purposes relating to the transaction of business in the public offices of the state, and of each county. § 42. Payment of expenses of public offi - Payment __ cers. Every public officer who is not allowed any public offi- compensation for his services shall be paid his actual ^ expenses necessarily incurred in the discharge of his official duties. [ Remainder of Article III not applicable to city officers.] of Note: The following provisions of law are also applicable to city officers: Chapter 792, Laws of 1895, relative to the protection of bona fide purchasers and holders of coupon bonds and of municipal corporations against misfeasance, etc , of public officers. § 2471a of the Code of Civil Procedure, relative to the delivery to public officers of books and papers. 272 Laws of the City of Cohoes. Also the following sections of the Penal Code having relation to: Neglecting or refusing to execute process, § 116. Neglect of public officers, § 117. Delaying to take person arrested before magistrate, § 118. Appointment of special deputy sheriffs, § 119, Misconduct in executing search warrant, § 120. Refusing to aid officer, in making arrest, § 121. Refusing to make arrest, § 122. Intimidating of public officers, § 127. Omission of duty by public officers, § 154. Making false certificates, § 162. False auditing and paying claims, § 165. Misappropriation and falsification of accounts by public officer, § 470. Other violations of law by public officers, § 471. Interest in contract by public officer, § 473. Obstructing officer in collecting revenue, § 475. Fraudently presenting bills or claims to the public officers for payment, § 67' THE CIVIL SERVICE LAW. CHAPTER 370, LAWS OF 1899. An act in relation to the civil service of the state of New York and the cities and civil divisions thereof, constituting chapter three of the general laws. Became a law April 19, 1899, with the approval of the Governor. Passed, majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. Short title. 2. Definitions. 7. Duties of public officers. 8. Unclassified service ; classified service. 10. The classified city service. 11. Classification. 12. The exempt class. 13. The competitive class. 14. Exceptions from competitive examina- tion. 15. Promotion, transfer, reinstatement, reduc- tion. 16. The non-competitive class. 17. The labor class in cities. 273 274 Laws of the City of Cohoes. Section 18. Official roster ; reports of appointing offi- cers. 19. Disbursing officers. 20. Preferences allowed honorably discharged soldiers, sailors and marines. 21. Power of removal limited. 22. Misdemeanor to obstruct right of exami- nation; false representation; imper- sonation in examination. - 23. Recommendations for appointment or promotion. 24. Political assessments prohibited. 25. Officers or candidates not to promise in- fluence, etc.; 6 'public officer" and " public employee " defined. 26. Attendance of witnesses; fees. 27. Taxpayer's action. 28. Saving clause. 29. Repeal. 30. When to take effect. [The last seven words of title and the above head lines were added by §§ 1 and 2, Chapter 195, Laws of 1900.] Title. Section 1. Short title. This chapter shall be known as the civil service law. Definitions ^ 2. Definitions. When used in this chapter, 1. The term "Commission" or " State commission' ' means the State Civil Service Commission. 2. The term "municipal commission" means the municipal civil service commission of a city. 3. The "civil service" of the state of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division or city, except such Chaptee 370, Laws of 1899. 275 offices and positions in the militia and the military departments as are or may be created under the pro- visions of article eleven of the constitution. 4. The "state service" shall include all snch offices and positions in the service of the state or of any of its civil divisions except a city. 5. The "city service" shall include such positions in the service of any city. 6. The term "appointing officer" signifies the officer, commission, board or body having the power of apx^ointment to subordinate positions in any office, court, department, commission, board, or institution. §§ 3-6. [Not applicable to city service.] § 7. Duties of public officers. It shall be the Duties of duty of all officers of the state of New York or of conform to any city or civil division thereof to conform to and comply with and to aid in all proper ways in carrying into effect the provisions of this act, and the rules and regulations prescribed thereunder and any modi- fication thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appointment, employment, promotion or reinstatement except in accordance with the provisions of this act and the rules and regula- tions prescribed thereunder. Any person employed or appointed contrary to the provisions of this act or of the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint, him, the compensation agreed upon for any services per- formed under such appointment or employment, or in case no compensation is agreed upon, the actual value of such services, and any expenses incurred in con- nection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No 276 Laws of the City of Cohoes. public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recov- ered in any such action. Kinds of § 8. Unclassified service; classified ser- servke. Y ^ CG The civil service of the state and of each of its civil divisions and cities shall be divided into the unciassi- unclassified service and the classified service. The fied service. ^ unclassified service shall comprise all elective omces ; all offices filled by election or appointment by the legislature on joint ballot ; all persons appointed by name in any statute; all legislative officers and em- ployees ; all offices filled by appointment by the gov- ernor, either upon or without confirmation by the senate, except officers and employees in the executive offices ; all election officers ; the head or heads of any department of the government, and persons employed in or who seek to enter the public service as superin- tendents, principals or teachers in a public school or classified academy or in a state normal school or college. The classified service shall comprise all positions not included in the unclassified service. All appoint- ments or employments in the classified service shall be for a probationary term not exceeding the time fixed in the rules. § 9. [Not applicable to city service.] classified § io. The classified city service. The mayor Ru y ies er for ce 0 f each city in this state, shall appoint and employ suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of such city, and for appointments and promotions therein and examin- ations therefor ; and for the registration and selection of laborers for employment therein, not inconsistent with the constitution and the provisions of this act, and shall amend the same from time to time. Such persons shall be municipal service commissioners and shall constitute the municipal civil service commission classifica tion of ser Municipal civil service commis- sioners. 3r to approve Chapter 370, Laws of 1899. 277 of such city. All appointments or designations of Appoint municipal civil service commissioners shall be made in mS?' l " such manner that not more than two-thirds of such commissioners in any city shall at any time be adher- ents of the same political party. Such rules herein Ma VO prescribed and established, and all regulations nOW rules existing for appointment and promotion in the civil service of said city, and any subsequent modification thereof, whether prescribed under the authority of a general law or of any special or local law, shall be valid and take or continue in effect only upon the approval of the mayor of the city and qf the state civil service commission. The authority by this sec- Authority tion conferred shall not be so exercised as to take from restricted any policeman or fireman any right or benefit confer- red by law, or existing under any lawful regulation of the department in which he serves. All examina- Examina- tions herein authorized shall be public, and all rules tionspublic shall be published, and, with all the proceedings and papers connected with said examinations, shall be at all times subject to the inspection of said state com- mission and its agents ; and said commission shall set forth in its report the character and practical effects of such examinations, together with its views as to the improvement and extension of the same, and also copies of all rules made under the authority hereby conferred. Subject to the provisions of this act and Municipal oi said rules, the municipal commission of any city shall make regulations for and have control of exam- inations and registrations for the service of such city, and shall supervise and preserve the records of the same. In case, for any reason, the mayor of any city state within sixty days after he has the power to appoint, appoint fails to appoint such municipal commissioners, the?>m n rr Clp state commission shall appoint them to hold office until ^eS the expiration of the term of the mayor then in office and their successors are appointed and qualify. It shall St . ate i , -I -, „ .. mission oe tne duty ot such persons to prepare and to procure m r Spai rules, when.. commission to control examina- com- mission to ! commis- sioners, : com- mission to Reports to the state commis- sion. 278 Laws of the City of Gohoes. the approval of the rules herein provided for, and, if they fail to do so within sixty days after their appointment, the state commission shall forthwith make said rules. It shall be the duty of such persons to make reports from time to time to the state com- mission, whenever said commission may request, of the manner in which this law, and the rules and regula- tions thereunder, have been and are administered, and the results of their administratation in such city, and of such other matters as said commission may require, and annually on or before the fifteenth day of Janu- ary, to make such a report to said commission ; and it shall be the duty of said state commission in its annual report to set out either these reports, or a sufficient abstract or summary thereof, to give full copy of and clear information as to their contents. A copy of Ssmkted" the roster of the classified civil service of such city commission, shall be transmitted to the state commission with the annual report aforesaid, and shall be filed in the office Removal of said commission as a public record. The mayor may at any time remove any municipal civil service commissioner appointed by him. Said state commis- sion may also, by unanimous vote of the three com- missioners, with the written approval of the governor, remove any municipal civil service commissioner appointed or employed under the authority of this section, for incompetence, inefficiency, neglect of duty or violation of the provisions of this act, or of the rules and regulations in force thereunder, or of any of them, specifying in writing the particulars of the incompetency, inefficiency, neglect of duty or viola- tion charged, and filing the same as a public docu- ment in the office of the city clerk, or if there be no city clerk, in the office of the clerk of the board of aldermen, and a certified transcript thereof in the office of the state civil service commission, first giving him an opportunity to make a personal explanation of munici pal com- missioners Causes - of removal. Chapter 370, Laws of 1899. 279 in self-defense. Whenever a municipal civil service A PP oint- commissioner has been removed by the unanimous £s2of?e- vote of the three state commissioners, with the™ 0 ™' written approval of the governor, or whenever any municipal commissioner shall resign or be removed by the mayor pending an investigation by the state commission of the administration of the civil service of the city in which such person is a municipal com- missioner, or whenever any municipal commissioner shall resign or be removed by the mayor pending a hearing by the state commission of charges preferred against such municipal commissioner, the state com- mission and not the mayor of such city shall have power to appoint persons to fill such vacancies, and such persons so appointed by the state commission shall hold office as a municipal civil service commis- sioners of such city until the expiration of the term of the mayor then in office and until their successors are appointed and qualify. Said state commission mayRui lies. etc. at any time, by unanimous vote of the three commis- "mended, etc., by > state com- mission. sioners, amend or rescind any rule, regulation or classification prescribed under provisions of this sec- tion, provided that said state commission shall state the reasons for such action in writing, and file the same and a certified transcript thereof as a public document as hereinbefore provided,* and give an opportunity to the municipal civil service commission- ers concerned to make a personal explanation and to file papers in opposition to such action. The said a state commission, however, shall not take such action upon any ground other than that the provisions or purposes of this act are not properly or sufficiently carried out by such rule, regulation or classification, nor without specifying in writing and detail in what particular such provisions or purposes are not carried out, nor shall said state commission exempt from competitive examination any position, or place or ction imited. 280 Laws of the City of Cohoes. employment in any city without the consent of the municipal commission of such city. (As amended by Chapter 675, Laws of 1900.) classify- a ii. Classification. The offices and positions tion. „ in the classified service of the state or of any city or civil division thereof for which civil service rules shall be established pursuant to this act, shall be arranged in four classes to be designated as the exempt class, the competitive class, the non -competitive class and, in cities, the labor class. Exempt § 12. The exempt class. The following posi- tions shall be included in the exempt class : Deputies of i. The deputies of principal executive officers au- ° ffiCerS ' thorized by law to act generally for and in place of their principal ; Secretaries 2. One secretary of each officer, board and commis- of boards. authorize( i by law to appoint a secretary ; Clerks of 3. One clerk, and one deputy clerk if authorized by C ° urtS law, of each court, and one clerk of each elective judi- cial officer; unskilled 4. in the state service, all unskilled laborers and laborers for . , n . state. suc h skilled laborers as are not included m the com- petitive class or the non-competitive class; and in addition thereto there may be included in the exempt class all other subordinate officers for the filling of which competitive or non-competitive examination Noexemp- ma y be found to be not practicable. But no office or spedaiiy 85 -position shall be deemed to be in the exempt class mentioned. ± , unless it is specifically named in such class in the rules, and the reasons for each such exemption shall be stated separately in the annual reports of the com- mission. Not more than one appointment shall be made to or under the title of any such office or posi- tion, unless a different number is specificially men- tioned in such rules. Appointments to positions in the exempt class may be made without examination. Chapter 370, Laws of 1899. 281 § 13. The competitive class. The competitive com P e t i- class shall include all positions for which it is practi- Uve dass ' cable to determine the merit and fitness of applicants by competitive examination, and shall include all positions now existing, or hereafter created, of what- ever functions, designations or compensation, in each and every branch of the classified service, except such positions as are in the exempt class, the non-competi- tive class or the labor class. Appointments shall be A PP oint- made to or employment shall be given in all positions 2jj der, how : -i . . • i 1 made. the competitive class that are not filled by promotion, reinstatement, transfer or reduction under the provis- ions of this act and the rules in pursuance thereof, by appointment of those graded highest in open competi- tive examinations conducted by the state or municipal commission, except as herein otherwise provided The Termsof ■ » t ... _ eligibility. term ot eligibility shall be fixed for each eligible list at not less than one nor more than four years. Ap- pointment shall be made from the eligible list most nearly appropriate for the group in which the position to be filled is classified, and a new list shall be created for a stated position or group of positions only when there is no appropriate list existing from which ap- pointment may be made. No person shall be appoint- Appoint- ed or employed under any title not appropriate to Conform; the duties to be performed, and no person shall be^™^ transferred to, or assigned to perform the duties of, any position subject to competitive examination, unless he shall have previously passed an open com- petitive examination equivalent to that required for such position, or unless he shall have served with fidelity for at least three years in a similar position. Appointments to positions in the state service, the s ! :ate ser - duties of which are confined to a locality outside of ^ Albany county, shall, so far as practicable, be made from residents of the judicial district including such locality. The examinations shall be public and shall Ex amina- be practical in their character and shall relate to those tionspublic ' 282 Laws of the City of Cohoes. matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of that service into which they seek to be List of re- appointed. Such commissions shall prepare lists of ?o U b r e e pre nts preliminary requirements and subjects of examination for the several positions or groups of positions in the competitive class and shall publish its rules and such information, and advertise such examinations in such manner as the nature of the examinations may require. intending Eacll of such commissions shall require intending- com pcti tor s Stions appli " competitors to file in its office a reasonable length ot contents, time before the date of any examination, a formal application in which the applicant shall state under oath : 1. His full name, residence and postoffice address. 2. His age, the place and date of his birth. 3. His health and physical capacity for the public service. 4. His right of preference by reason of military or naval service. 5. His business or employment, and residence for at least the previous five years. 6. Such other information as may reasonably be re- required touching the applicant's merit and fitness for the public service. Blanks to Blank forms for such applications shall be furnished nfshed. sa i(q commissions without charge to all persons requesting the same. Such commissions may require in connection with such application such certificates of citizens, physicians, public officers or others having knowledge of the applicant, as the good of the service certain may require. Such commissions may refuse to exam- uSbaTine an applicant, or after examination to certify an dono a r m em a " eligible who is found to lack any of the established ployment. o 5 , m preliminary requirements for the examination or posi- tion for which he applies; or who is physically so disabled as to be rendered unfit for his performance of Chaptee 370, Laws of 1899. 283 the duties of the position to which he seeks appoint- ment ; or who is addicted to the habitual use o£ intox- icating beverages to excess ; or who has been guilty of a crime or of infamous or notoriously disgraceful con- duct; or who has been dismissed from the public service for delinquency or misconduct ; or who has intentionally made a false statement of any material fact, or practiced, or attempted , to practice, any de- ception or fraud in his application, in his examination, or in securing his eligibility or appointment. When security, the position to be filled involves fiduciary responsi- ( i uired - bility, the appointing officer, where otherwise permit- ed by law, may require the appointee to furnish a bond or other security and shall notify the state or municipal commission of the amount and neccessary details thereof. § 14. Exceptions from competitive exami- Exceptions nation. Positions in the competitive class may be inatk>S am ~ filled without competition as follows : 1. Whenever there are urgent reasons for filling a Exception . . by reason vacancy m any position m the competitive class and of urgency, there is no list of persons eligible for appointment after competitive examination, the appointing officer may nominate a person to the state or municipal commission for noncompetitive examination, and if such nominee shall be certified by such commission as qualified after such non-competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue for a longer period than two months in the state service, or one month in any city, nor shall successive temporary appointments be made to the same position under this subdivision. 2. In case of vacancy in a position in the competitive Exception^ class where peculiar and exceptional qualifications SedS?e- of a scientific, professional or educational character ments - 284 Laws of the City of Cohoes. are required, and upon satisfactory evidence that for specified reasons competition in sncli special case is impracticable and that the position can be best filled by the selection of some designated person of high and recognized attainments in such qualities, the state or municipal commission may suspend the pro- visions of the rule requiring competition in such case, but no such suspension shall be general in its applica- tion to such place, and all such cases of suspension shall be reported in the annual reports of such com- missions with the reasons for the same. Exception 3. When the services to be rendered by an appointee oftempor- in the state service are for a temporary period not to ? e r r y o C f em ac " exC eed one month and the need of such service is ployment. . ™ important and urgent, the appointing officer may select for such temporary service any person on the proper list of those eligible for permanent appoint- ment without regard to his standing on such list. § 15. Promotion, transfer, reinstatement, reduction. Vacancies in positions in the competi- tive class shall be filled, so far as practicable, by pro- motion from among persons holding positions in a lower grade in the department, office or institution in Basis of • which the vacancy exists. Promotions shall be based promotions. and competition an a lip0 n the superior qualifications of the persou promoted as shown by his previous service, due weight being given to seniority. For the purposes of this section an increase in the salary or other compensation of any person holding an office or position within the scope of the rules in force hereunder beyond the limit fixed for the grade in which such office or position is classified, shall be promotions deemed a promotion. No promotion, transfer or rein- etc^egu- statement shall be made from a position in one class lated. nil to a position in another class unless the same be specially authorized by the state or municipal com- mission, nor shall a person be promoted or transferred Promotions etc. Chapter 370, Laws of 1899. 285 to a position for original entrance to which there is required by this act or the rules an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person, unless he shall have passed the examination or attained a place upon the eligible list for such higher position. § 16. The non-competitive class. The non- Non-com-, competitive class shall include such positions as are cSlw - 1 - composed. not in the exempt class or the labor class and which it is impracticable to include in the competitive class. Appointments to positions in the non -competitive A PP oint- class shall be made after such non-competitive exam- same - h ° w x made. mation as is prescribed by the rules. § 17. The labor class in cities. The labor Labor class class in cities shall include unskilled laborers and mcmes such skilled laborers as are not included in the com- petitive class or the non-competitive class. Vacancies vacancies in the labor class in cities shall be filled by appoint- ™ ed ° W ment from lists of applicants registered by the munici- pal commissions. Preference in employment from such lists shall be given according to date of applica- tion. There shall be separate lists of applicants for different kinds of labor or employment, and the com- . missions may establish separate labor lists for various institutions and departments. Where the labor S(3J». Labor ser- vice of any department or institution extends to f e P a / a . te x localities. separate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for regis- tration for the labor service to furnish such evidence or pass such examination as they may deem proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies. § 18. Official roster ; reports of appointing Examina- officers. No person shall be appointed to or sitemap 1 -" pointment. 286 Laws of the City of Cohoes. employed in any position in the classified service of the state or of any city or civil division thereof for which rules have been prescribed pursuant to the provisions of this act, until he has passed an examination or is shown to be especially exempted from such examina- tion in conformity with such rules and the provisions Reports of of this act. It shall be the duty of each appointing offi P c°eS ing officer of the state or any such civil division thereof, except cities, to report to the state civil service com- mission forthwith upon such appointment or employ- ment the name of such appointee or employee, the title and character of his office or employment, the date of the commencement of service by virtue thereof and the salary or compensation thereof, and to report from time to time and upon the date of official action in or knowledge of each case, any separation of a per- son from the service, or other change therein, and such other information as the commission may require, in order to keep the roster hereinafter mentioned, official The commission shall keep in its office an official roster sSfcom- of the classified civil service of the state and of each of SeTin, the civil divisions thereof for which rules have been pre- scribed pursuant to this act, except cities, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or rein- stated in any position in such service, upon such evi- dence as it may require or deem satisfactory that such person was appointed to, promoted or reinstated in the service in conformity with the provisions of law and the rules prescribed pursuant to this act. The official roster shall show opposite or in connection with each name the date of appointment, employment, promotion or reinstatement, the compensation of the position, the date of commencement of service, and date of transfer in or separation from service by dis- missal, resignation, cancellation of appointment or official ros- death. In like manner the municipal commission of co r m°mi C s!. ty eac h c ity shall keep in its office an official roster of sions, en- ^ x tries in, etc. Chapter 370, Laws of 1899. 287 the classified civil service of such city, and shall enter thereon the name of each and every person who has been appointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, or employed, promoted or reinstated in the service in conformity with the provisions of law and of the rules, and it shall be the duty of each appointing officer of such city to report to such municipal commission in like manner as is herein- before provided for reports from appointing officers to the state commission. § 19. Disbursing officers. It shall be unlaw- Fiscal and f ul for the comptroller or other fiscal officer of the oJwT ng state or any city or civil division thereof for which f"o°mau- ed . .-, . , thorizing civil service rules have been prescribed pursuant to°^£m g this act, to draw, sign or issue, or authorize the draw- e?c 0ffi no e t r ^ ing, signing or issuing of any warrant on the treas- certked - urer or other disbursing officer of the state or such city or civil division thereof, for the payment of, or for the treasurer or other disbursing officer of the state or of such city or civil division thereof, to pay any salary or compensation to any officer, clerk or other person in the classified service of the state or of such city or civil division thereof, unless an estimate, payroll or account for such salary or compensation, containing the names of the persons to be paid, shall bear the certificate of the state civil service commis- sion, or in case of the service of a city, the certificate of the municipal civil service commission of such city, that the persons named in such estimate, payroll or account have been appointed or employed or pro- moted in pursuance of law and of the rules made in pursuance of law. Any officer, clerk or other person Persons in entitled to be certified by said commisson, or either pioymenT of them, to the comptroller, treasurer or other fiscal certified, or disbursing officer of the state or any city or civil 288 Laws or the City of Cohoes. division thereof, as having been appointed or em- ployed in pursuance of law and of the rules made in pursuance of law, and refused such certificate, may maintain a proceeding by mandamus to compel such com mission or commissions to issue such certificate. Recovery Any sums paid contrary to the provisions of this sec- plid^vio- tion may be recovered from any officer or officers !aw° not making such appointment in contravention of the provisions of law and of the rules made in pursuance of law, or any officer signing or countersigning, or authorizing the signing or countersigning of any war- rant for the payment of the same, and from the sureties on his official bond, in an action in the supreme court of the state, maintained by a citizen resident therein, who is assessed for and is liable to pay, or within one year before the commencement of the action, has paid a tax therein. All moneys recovered in any action brought under the provisions of this section must, when collected, be paid into the treasury of the state or such civil division thereof, except that the plaintiff in any such action shall be entitled to receive for his own use the taxable costs of such action. Preference § 20. Preferences allowed honorably dis- bly dis- f» harmed soldiers, sailors and marines. In charged 0 hit i j_» soldiers, every public department and upon all public works ol the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late civil war, who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made, provided their qualifications and fitness shall have been ascer- tained as provided in this act and the rules and regu- lations in pursuance thereof ; and the persons thus preferred shall not be disqualified from holding any Chapter 370, Laws of 1899. 289 position in the civil service on account of his age or by reason of any physical disability, provided such age or disability does not render him incompetent to perform the duties of the position applied for. When- ever any list of eligible persons, prepared under authority of this act, shall contain the names of hon- orably discharged soldiers, sailors and marines, entitled to preference as aforesaid, any reference in this act or in the rules and regulations in pursuance thereof to the persons standing highest on such list, shall be deemed to indicate those standing highest of those entitled to preference by the provisions of this section, and such persons shall be given preference on any list of registered applicants for employment in the labor service, in accordance with the dates of their several applications, as though such applications had been filed prior to those of any persons on such lists not entitled to the preference provided by this section. A refusal to allow the preference provided ^e^Uid for in this and the next succeeding section to any aSsde-'' honorably discharged soldier, sailor or marine, or a meanor reduction of his compensation intended to bring about his resignation, shall be deemed a misdemeanor, and such honorably discharged soldier, sailor or marine shall have a right of action therefor in any court of competent jurisdiction for damages and also a remedy by mandamas for righting the wrong. § 21. Power of removal limited. Every per- wrongs to , . be remedied son whose rights may be m any way prejudiced con- Jjy^ 11 - trary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employ- Power of removal ment in the state of New York or in the several cities, limited - counties, towns or villages thereof, who is an honora- bly discharged soldier, sailor or marine, having served as such in the Union army or navy during the war of the rebellion, and who is an honorably discharged soldier, sailor or marine, having served as such in the 290 Laws of the City of Cohoes. army or navy of the United States during the Spanish-American war, or is an honorably discharged soldier, sailor or marine of the regular army or navy of the United States, or who shall have served the term required by law in the volunteer fire department of any city, town or village in the state, or who shall have been a member thereof at the time of disband- ment of said volunteer fire department, shall be removed from such position or employment, except for incom- petency or misconduct shown after a hearing, upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of Riehtof certiorari. In cities of the first class, if the position soldiers to tit ^Swhenso held by any such honorably discharged soldier, ffilshed, sailor or marine, or volunteer firemen shall become firstdass' unnecessary or be abolished for reasons of economy or otherwise, the said honorably discharged soldier, sailor or marine, or volunteer fireman holding the same shall not be discharged from the public service, but shall be transferred to any branch of the said ser- vice for duty in such position as he may be fitted to fill, receiving the same compensation therefor. The burden of proving incompetency or misconduct shall be upon the party alleging the same. Nothing in this section shall be construed to apply to the position of private secretary or deputy of any official or depart- ment, or to any other person holding a strictly confi- dential relation to the appointing officer. A person serving under a probationary or provisional appoint- ment shall not be deemed to be holding a. position within the meaning of this section. Right of § 22. Misdemeanor to obstruct right of tion not to examination: false representation; imper- be ob- . • structed. son ation in examination. Any commissioner, or examiner, or any other person who shall wilfully by himself or in co-operation with one or more per- sons, defeat, deceive or obstruct any person in respect of his or her right of examination, or registration, Chapter 370, Laws of 1899. 291 according to any rules or regulations prescribed pur- suant to the provisions of this act, or who shall wil- fully and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified, pursuant to the pro- visions of this act, or aid in so doing, or who shall wilfully make any false representations concerning False rep- tile same, or concerning the person examined, or™am- s who shall wilfully furnish to any person any special pSed. or secret information for the purpose of either improv- ing or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or who shall personate any Impersona- other person, or permit or aid in any manner any Ked™" other person to personate him, in connection with any examination or registration, or application or request to be examined or registered, shall for each offense be deemed guilty of a misdemeanor. § 23. Recommendations for cippOintmeilt R ecommen- or promotion. No recommendation or question a pp° int -° r -1,-1,. merits, etc., under the authority of this act shall relate to the t Tpoiiticai te political opinions or affiliations of any person what- affiliations ever ; and no appointment or selection to or removal from an office or employment within the scope of the rules established, as aforesaid, shall be in any manner affected or influenced by such opinions or affiliations. No person in the civil service of the state or of any Persons in city or civil division thereof, is for that reason under obiSed"? ir x- contribute any obligations to contribute to any political fund or £ n p d olitical to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. JNo person in the said civil service shall discharge Or No dis- proinote or reduce, or in any manner change the offi- cial rank or compensation or any other person in said t>ute 0ntn: service, or promise or threaten so to do for giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for 292 Laws of the City of Cohoes. coercion by anv political purpose. No person in said service shall persons in « * A . n service use ^is official authority or influence to coerce the prohibited. Ulkjvy " . „ political action of any person or body, or to interfere with any election. political as- § 24. Political assessments prohibited. No proSed. officer, agent, clerk or employee under the govern- ment of the state of New York or any civil division or city thereof shall, directly or indirectly, use his authority or official influence to compel or induce any other officer, clerk, agent or employee under said government, or any civil division or city thereof, to pay or promise to pay any political assessment, sub- personsin scription or contribution. Every said officer, agent, put.ifc eof clerk or employee who may have charge or control in m U av d pro- anv building, office or room occupied for any purpose hibit assess- «- ..... . , , > mentswith- 0 f sa ^ Government, or any said division or city there- in same. w ^.a^ Q , . of, is hereby authorized to prohibit the entry ot any person, and he shall not knowingly permit any person to enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or contribution ; and no per- son shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demand- ing or collecting a political assessment, nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribu- tion ; and no person shall prepare or make out, or take any part in preparing or making out, any political assessment, subscription or contribution with the in- tent that the same shall be sent or presented to or collected of any officer, agent or employee, subject to the provisions of this act, under the government of the state of New York, or that of any civil division or city thereof, and no person shall knowingly send or present any political assessment, subscription or contribution to or request its payment of any said Chapter 370, Laws of 1899. 293 officer, agent or employee. • Any person who shall be Punishment gailty of violating any provision of this section shall ingthis , section. be deemed guilty of a misdemeanor. § 25. Officers or candidates not to promise J s r °™ s o e ^. r influence, et cetera; " public officer" andi|]J£ for "public employee " defined. Whoever, while ^JJbe' holding any public office, or in nomination for, orSrt while seeking a nomination or appointment for any etc ' public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely antici- pated) in the way of conferring upon any person ; or in order to secure or aid any person in securing any office or public employment, or any nomination, con- firmation, promotion or increase of salary, upon the consideration or condition that the vote or political influence or action of the last named person, or any other, shall be given or used in behalf of any candi- date, officer or party, or upon any other corrupt con- dition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And whoever, Public om- i i i - rr» . cer using, being a public officer, or having or claiming: to have etc -< author - ° ° ity to coerce any authority or influence for or elfecting the nomi- ^ votes, nation, public employment, confirmation, promotion, etc - removal or increase or decrease of salary of any public officer, shall corruptly use, or promise, or threaten to use any such authority or influence, directly or indi- rectly, in order to coerce or persuade the vote or political action of any citizen or the removal, discharge or promotion of any officer or public employee, or upon any other corrupt consideration, shall also be guilty of bribery or of an attempt at bribery. Every Punishment, person found guilty of such bribery, or an attempt to£ibe U ry h commit the same, as aforesaid, shall, upon conviction thereof, be liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said 294 Laws of the City of Cohoes. imprisonment in the discretion of the court. The phrase "public officer" shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise; and the phrase " public employee " shall be held to include every person not being an officer who is paid from any said treasury. Attendance § 26. Attendance of witnesses ; fees. Wit- of witness- 7 es< fees for. nesses and officers to subpoena and secure the attend- ance of witnesses before said commission, shall be entitled to the same fees as are allowed witnesses in payment of civil cases in courts of record. Such fees need not be fees. prepaid, but the comptroller shall draw his warrant for the payment of the amount thereof, when the same shall have been certified to by the president of «the commission, and duly proved by affidavit or other- Duty of w i S e to the satisfaction of the said comptroller ; and public offi- ciaiscon- a ]j s tate, county, town, municipal and other officers ceming in- • « ; x forecom-" an d their deputies, clerks, subordinates and employees mission, ghapi afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the respective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commission. Taxpayer's § 27. Taxpayer's action. The right of any tax- action not . . , restricted, payer to bring an action to restrain the payment or compensation to any person appointed to or holding any office, or place or employment in violation of any of the provisions of this act, shall not be limited or denied by reason of the fact that said office, or place or employment shall have been classified as, or deter- mined to be, not subject to competitive examination ; proviso, provided, however, that any judgment or injunction granted or made in any such action shall be prospective Chapter 370, Laws of 1899. 295 only, and shall not affect payments already made or due to such persons by the proper disbursing offi- cers, in accordance with the civil service rules in force at the time of such payments. § 28. Saving clause. All rules, regulations and saving classifications for appointment or promotion in the° dUSe civil service of the state or any city or civil division thereof, not inconsistent with the provisions of this act, established with the approval of the governor or the state commission under authority of law prior to the passage of this act, shall continue in full force and effect until annulled or amended pursuant to the pro- visions of this act; and the state civil service commis- sioners and the municipal civil service commissioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of ■ this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such examination, shall be continued in full force and effect as if formed under the provisions of this act, subject, however, to such reasonable regulation and revision as the rules shall prescribe. § 29. Repeal. Of the laws enumerated in the Re peai. schedule hereto annexed, that portion specified in the last column is repealed. All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promotion in the civil service of the state or any civil division thereof, inconsistent with the provisions of this act are hereby repealed ; provided, however, that any act done or right accruing, accrued or required, or liability, penalty, or punishment incurred prior to 296 Laws of the City of Cohoes. the passage of this act shall not be affected or impair- ed; but the same may be asserted, enforced, prose- cuted or inflicted as fully, and to the same extent, as if the several acts herein referred to had not been amended or repealed. Time of § 30. When to take effect. This act shall take SfeSf effect immediately. [The schedule of repealed laws referred to in § 29 is here omitted.] / ACTS RELATING TO THE COHOES HOSPITAL. CHAPTER 260, LAWS OF 1891. An Act to establish a hospital in and for the city of Cohoes, and to provide for the erection, govern- ment and maintenance thereof. Approved by the Governor April 25, 1891. Passed, three-fifths being- present. The People of the Slate of New York, represented in Senate and Assembly, do enact as follows: Section 1. Ten days after the passage of this actcom the mayor of the city of Cohoes, by and with theSSS advice and consent of the common council thereof, is ° f hereby authorized to appoint eight citizens of said city four of which shall be chosen from each of the two principal political parties into which the citizens thereof are divided, two of whom shall be appointed for one year, two for two years, two for three years, and two for four years, and who shall constitute a commission with power and authority by this act to select a site in the city of Cohoes in the county of Albany, for the erection of a hospital, at which shall be received such persons as may require medical or surgical advice, aid or treatment, and where medi- cines may be provided and dispensed for their benefit, 297 298 Laws of the City of Cohoes. and where they may receive all necessary care and suitable medical and surgical treatment; and to do all things necessary in, pertaining to, and as now per- Nomina- formed at other like institutions now existing. Nomi- tions, when .. , « • -j confirmed. na ti 0 ns of commissioners made by the mayor ot said city under provisions of this act unless rejected by the common council within thirty days after the names of said proposed commissioners are sent to it shall stand confirmed. Acquisition S 2. After such site has been selected as aforesaid, of property. " , . the said commissioners are empowered by this act to take such property by purchase in the name of the city of Cohoes, after the city attorney shall have approved the validity of the title to the same. It is # hereby made the duty of said city attorney to approve of such title whenever competent proof of valid title shall be presented to him. § 3. [Repealed by § 3, Chapter 513, Laws of 1898.] Erection of § 4. The said commissioners are hereby authorized hospkal to procure plans and estimates for the erection and to erect the necessary building or buildings of said hos- pital by contract, at a cost not to exceed the sum of twenty thousand dollars. certificates § 5. The common council of the city of Cohoes is eanes d s! bt ~ hereby authorized, at such time or times and in such issue of. J ■ . . , amounts within the limits of this section, as may be certified by said commissioners to be necessary, to borrow on the credit of said city, by issuing certifi- cates of indebtedness of said city, a sum or sums not to exceed in the aggregate twenty thousand dollars. Such certificates shall be sealed with the seal of said city and signed by the mayor and clerk of said city and shall be payable with interest at a rate not to exceed four per centum per annum, not less than five, sale nor more than twenty years from date thereof. Said certificates shall be sold by the chamberlain of said Chapter 260, Laws of 1891. 299 city for not less than the par value thereof, at such times and in such manner as the said common council shall direct and the proceeds shall be deposited by said chamberlain to the credit of such fund aS Said Disposition -. . ot proceeds. common council shall direct and shall be applied solely to the purchasing of grounds, the erecting of building or buildings and the proper equipment of the same for said hospital. Said common council shall provide Tax for » , * certificates tor trie payment ot such certificates by levying and and interest collecting in the same manner as other city taxes are levied and collected such additional sum or sums as may be sufficient to pay said certihcates and interest upon their maturity. § 6. In case of the inability of said commissioners Lease of to purchase grounds and to erect buildings as herein ^^h^pita] provided to their satisfaction or until such purchase is purposes ; made and buildings are erected and ready for occu- pancy, said commissioners are authorized to enter into contract for the leasing of building or buildings suita- ble for the hospital purposes herein mentioned and situated within said city of Cohoes. §§ 7, 8, 9, 10 and 11. [Repealed by § 3, Chapter 513, Laws of 1898.] § 12. This act shall take effect immediately. CHAPTER 51, LAWS OF 1896. An Act to enable the city of Cohoes to use for street and highway purposes, and sell the site hereto- fore selected and purchased by said city and intended to be used for hospital purposes ; and to use the proceeds of such sale in the purchase of another site, erection of a hospital thereon, and the equipment of the same. Accepted by the city. Became a law, February 29, 1896, with the approval of the Governor. Passed, a majority being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: sale and Section 1. The common council of the city of of°£ospftaf e Cohoes is hereby authorized and empowered to sell sheauthor- ^ convey ^eed all that certain tract or parcel of land situate on Main avenue, in the fourth ward of said city, and heretofore purchased by said city, for the purpose of establishing and maintaining a hospital, and to carry into effect the provisions of an act of the legislature of the state of New York, known as chap- ter two hundred and sixty, of the laws of eighteen hundred and ninety-one, the same being an act, entitled "An act to establish a hospital in and lor the city of Cohoes, and to provide for the erection, gov- portionex- ernment and maintenance thereof;" excepting, how- uSof for ever, such portion or portions of said land as the com- mon council of said city shall determine shall be necessary for street and highway purposes ; and said 300 Chapter 51, Laws of 1896. 301 city of Cohoes is hereby authorized and empowered to use such portion or portions for said street and high- way purposes. § 2. Such sale shall be private or public, in such saieand parcels and on such terms and conditions as the com- oFproceLTs. mon council of said city shall designate and determine ; and the proceeds thereof shall be deposited with the chamberlain of said city for the purpose of purchasing another site in said city of Cohoes, to be used for hospital purposes as hereinafter provided, and for the erection of a hospital thereon, and the equipment of the same. § 3. The commission authorized and empowered by selection of 4- «/ new site chapter two hundred and sixty of t he-laws of eighteen authorized - hundred and ninety-one of the state of New York, to select a site in the city of Cohoes for the erection of a hospital, are hereby authorized and empowered, after the proceeds of said sale are deposited with said chamberlain, to select another site for such purpose ; and to take such property by purchase in the name of the city of Cohoes. § 4. All acts and parts of acts inconsistent with the Repeal, provisions of this act are hereby repealed. § 5. This act shall take effect immediate] y. CHAPTER 513, LAWS OF 1898. An act to amend chapter two hundred and sixty of the laws of eighteen hundred and ninety- one, entitled "An act to establish a hospital in and for the city of Cohoes, and to provide for the erection, government and maintenance thereof," ending the term of office of the commissioners appointed thereunder and the power to appoint or confirm the same, and repealing certain sections thereof. Accepted by the city. Became a law, April 26, 1898, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Terms of Section 1. The term of office of all commissioners sfonSsT etc. appointed under said chapter two hundred and sixty of the laws of eighteen hundred and ninety-one, and the power to appoint or confirm commissioners there- under in the future shall cease and be at an end immediately upon the passage of this act. Acts legal- § 2. All acts of commissioners appointed under said chapter two hundred and sixty of the laws of eighteen hundred and ninety-one, either in the contracting for, selection and purchase of a hospital site, lands, building and appurtenances under said act and the issuing of the bonds for the purchase thereof, as well as all other acts by said commissioners, done under the provisions of said act are hereby legalized, ratified, approved and made valid, binding and effective. Repeal. § 3. Sections three, seven, eight, nine, ten and eleven of said chapter two hundred and sixty of the laws of eighteen hundred and ninety- one, are hereby repealed. § 4. This act shall take effect immediately. 302 CHAPTER 295, LAWS OF 1901. An Act to ratify and legalize the lease and agreement made by and between the city of Cohoes, New York, and the Cohoes hospital association. Accepted by the city. Became a law, April 5, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The lease and agreement made by and^ e e ^ n d t between the city of Cohoes and the Cohoes Hospital le & aliaed - Association bearing date the fourteenth day of Novem- ber, nineteen hundred, and recorded in the Albany county clerk's office on the twenty-seventh day of November, nineteen hundred, in book number five hundred seventeen of deeds at page one hundred seventy-one, in and by which the said city of Cohoes did grant, demise and farm let to the said Cohoes Hospital association certain lands therein fully described, with the appurtenances and buildings thereon, for hospital purposes, for the term of fifty years from and after the first day of January, nine- teen hundred and one, at the yearly rent of five dollars per year, and providing for the termination of all leases theretofore executed by the city of Cohoes to said association, and for the care of the indigent sick and afflicted by such association, which covenants, agreements and conditions are fully set forth and contained in said lease and agreement, and the resolu- tion of the common council of the city of Cohoes passed the 7th day of August, nineteen hundred, are hereby in all things ratified and legalized. § 2. This act shall take effect immediately. 303 ACT FOR THE RELIEF OF THE BOARD OF EDUCATION OF THE CITY OF COHOES. CHAPTER 289, LAWS OF 1901. An Act to authorize the common council of the city of Cohoes to borrow money for the present needs of the board of education of said city, and to enable it to continue the schools of said city until the next apportionment of the general city tax, and to issue bonds and certificates of indebted- ness for the amount so borrowed. Accepted by the city. Became a law, April 5, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Estimate Section 1. The board of education of the city of of amount , _ . .. necessary. c 0 h oes i s hereby authorized, immediately upon pas- sage of this act, to prepare and furnish to the common 304 Chaptee 289, Laws of 1901. 305 council of said city an estimate and statement of the amount which said board deems will be necessary for the purpose of paying its indebtedness, unpaid and unprovided for, and also the amount which it deems will be necessary to continue the schools of said city, until the next apportionment of the general city tax of said city, in the year nineteen hundred and one. The total amount, however, which may be borrowed, Limitation, as in this act provided, shall not exceed the sum of fifty-five thousand dollars. § 2. It shall be the duty of the common council of issue of said city, immediately upon the furnishing of the certificates. estimate and statement mentioned in section one of this act, to borrow upon the faith and credit of said city, the sum specified in said section one, and to issue the bonds and certificates of indebtedness of said city therefor, bearing interest at a rate not exceeding four per centum per annum, payable semi-annually. Said certificates of indebtedness shall be issued in anticipation of the collection of taxes which are due and unpaid when this act takes effect and which are applicable when received, to the payment of contin- gent city expenses. Said certificates, with the interest thereon, shall be payable from said taxes and the percentages thereon. They shall be issued at and for such times as the common council shall determine, in an amount not exceeding fifteen thousand dollars. Said bonds shall be of the determination of one thous- and dollars each, and shall be payable at such times, not exceeding twenty-five years, as the said common council shall determine. Said bonds shall be executed by the mayor and city clerk under the corporate seal of said city and shall be negotiated by the chamber- sale of lain of said city, by selling the same at his office, at^' public auction, at not less than par value thereof. Said chamberlain shall give public notice of the time and place of any sale of said bonds, by publishing a notice thereof, at least fifteen days previous to such 306 Laws of the City of Cohoes. sale, in such newspaper as shall be designated by the Limitation, common council of said city. Said bonds shall be issued to the amount of not exceeding forty thousand dollars. Disposition § 3. The amount of money so borrowed shall be set ° fproceeds ' apart by the said chamberlain, to the credit of the board of education of said city, who shall expend the same for the purpose of paying the indebtedness of said board, unpaid and unprovided for, and for the purpose of continuing the schools of said city, as pro- vided in section one of this act. Any part or portion of said money, for which said bonds and certificates of indebtedness shall be "issued, remaining after pay- ing said indebtedness and the expense of continuing the schools of said city, as in section one provided, shall be paid into the contingent fund of said board to be by it expended for its general uses and purposes. Tax for § 4. It shall be the duty of the common council of P n rind?ar d said city of Cohoes to cause to be raised, yearly in each fiscal year from the time this act shall take effect, by tax upon the taxable property in said city, in the same manner as other city taxes are levied, and in addition thereto, a sum sufficient to pay the interest upon said bonds, and the principal when and as the same shall become due and payable. § 5. This act shall take effect immediately. ACT CHANGING TIME OF HOLDING ANNUAL MEETING OF THE COMMON COUNCIL AND OF Commencement of Fiscal Year ETC. CHAPTER 625, LAWS OF 1901. An Act to amend chapter six hundred and seventy- one of the laws of eighteen hundred and ninety- two, entitled "An act to revise, consolidate and amend the several acts relating to the government of the city of Cohoes," in relation to the time of holding the annual meeting of the common coun- cil of said city, the commencement of the fiscal year and of the terms of office of certain officers in said city. Accepted by the city. Became a law, May 1, 1901, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: 307 308 Laws of the City of Cohoes. Note— The first nine sections of this act, being amendments of the revised charter, and so printed, are omitted in this place; the three following sections, not embracing amendments, in strict form, appearing elsewhere in this compilation, as do the preceding sections, are, for reference, printed here. Terms of « io. This act shall not be construed to abridge the elective • • -| • j_ officers. term f or w hich any elective officer m said city, now in office, was elected. The terms of office of all elect- ive officers elected in said city in the year nineteen hundred and one shall begin on the third Tuesday of April in the year nineteen hundred and two and, except as otherwise prescribed by law, shall termi- nate on the first Tuesday in January in the year of their respective expirations. The terms of such offi- cers elected at such subsequent election shall, unless otherwise prescribed by law, begin on the first Tues- day after the first Monday of January next after their election, and shall continue for the terms for which Terms of they were respectively elected. Whenever the term om P c 0 er n s tlve 0 f any appointive officer in said city would, except for the provisions of law, as amended by this act, extend beyond the time specified in such amended provisions, or any of them, it shall expire as herein prescribed. Repeal. § 11. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. § 12. This act shall take effect immediately. ORDINANCES OF THE CITY OF COHOES PASSED BY THE COMMON COUNCIL, SEPTEMBER 3, 1901. CHAPTER I. AN ORDINANCE RELATIVE TO THE STREETS IN THE CITY OF COHOES. The Common Council of the city of Cohoes do ordain as follows : Section 1 . No person shall place any timber or Building 1 material building material whatsoever in or upon any street or jg^^ alley of said city, without permission in writing from *£p t etc - the mayor, or, in case of his inability to act, from P ermission - the alderman designated to act in his place, and if such designation has not been made, from any two aldermen ; and any person so doing shall be subject to the punishment provided by chapter twenty hereof, for every twenty-four hours or part thereof, during which such timber or building material shall remain in or upon such street or alley without per- mission, as aforesaid. 309 310 Laws of the City of Cohoes. Permis- sion, how obtained. Bond to be furnished. Proviso. All building material, dirt, etc., to be re- moved. § 2. Authority is hereby conferred upon the mayor, or. in case of his sickness, absence from the city or inability to act, upon the alderman designated to act in his place, or, if such designation shall not have been made, upon .any two aldermen, upon application made to him or them, in his or their discretion, to grant to any person applying therefor and specifying the time the same is desired, permission in writing to place, deposit and keep any building material upon any street or alley in said city for any space of time, not exceeding three months, upon receiving from the applicant a bond with at least two sufficient sureties, to be approved by the mayor or said aldermen, as the case may require, not less than five hundred dollars in amount, to said city of Cohoes, conditioned to indemnify said city and save the same free and harm- less from any claim for or recovery of damages, costs and expenses resulting from such occupation or negli- gence of the applicant' in the use of such street or alley ; provided, however, that such permission shall not extend to authorize the occupation of more than one-half of the sidewalk and one-third of the arched or carriage-way of such street, or one-half of such alley, opposite to any lot in said city owned or occu- pied by the person applying for such permit, unless special permission, by resolution from the common council of said city, for that purpose, shall have been obtained; and provided further, that any such per- mission so granted shall be subject to be revoked by the mayor or by the common council of said city whenever he or it shall deem proper. § 3. Every person who shall have placed or depos- ited any timber or building materials upon any street or alley after having obtained permission therefor, as provided in the last section, shall cause the same and all dirt and rubbish arising therefrom to be removed from such street or alley, at or before the expiration City Ordinances. 311 of the time limited in said permission for their con- tinuance thereon, and, upon default, shall be subject to the punishment provided by chapter twenty hereof, for each and every twenty-four hours the said timber or building material, dirt and rubbish shall be and remain on such street or alley, after the expiration of the time limited in such permission. § 4. The owner or occupant, in part or in whole, of Sidewalks -i , . „ , and gutter any lot or any part of a lot upon any street or alley g b ^ e P l in said city, shall, at all times, keep the sidewalk and order, etc. gutter adjoining the same in good order and condition and shall repair the flagging of such sidewalk in such manner and within such time as shall be directed by resolution of the common council ; and the owner or occupant in whole or in part of any lot or part of a lot adjoining any street or alley, who shall not within the time specified in said resolution conform thereto by repairing such sidewalk or gutter in the manner therein directed, or who shall not within twenty -four After no tic hours after receiving printed or writted notice from owners the superintendent of streets and public grounds OP provisions the captain of the police force, that the sidewalk or ° gutter adjoining such lot or part of a lot is not in good order and condition, place the same in good order and condition, in either case, such owner or occupant shall be subject to the provisions of law authorizing the common council of said city to order the said repairs to be made and such sidewalks and gutters to be placed in good order and condition and the expense thereof to be assesssd and collected according to law. It shall be the duty of said superintendent and cap- tain to see that the notice aforesaid is given in case of any violation of this section. § 5. No person shall throw, put, place or deposit or Dirt, etc., suffer or permit his servant, child or family to throw, SS-otn^etc. put, place or deposit any dirt, dung, dead animal, onstreets ' carrion, putrid meat or fish, entrails or offals of fish 312 Laws of the City of Cohoes. or animals, shells of oysters or clams, vegetables or nuisance of any kind, in or upon any street or alley in said city; nor shall any ashes be sifted, thrown or deposited in any street or alley in said city except as Nuisances provided in section nine of this chapter ; nor shall any aSowedin person, after being notified thereof, by printed or joinfngiot, written notice, by the superintendent of streets and after notice « 1 " x to owner, p U blic grounds or by the captain of the police torce, suffer or permit any nuisance of any kind to be or remain in or upon that part of the street or alley adjoining the lot or part of a lot by such person owned or occupied, in part or in whole, and to the center of the street or alley adjoining the same ; and every person who shall violate either of the prohibi- tions contained in this section, shall be subject to the punishment provided by chapter twenty hereof, both for such violation and for every twenty -four hours or part thereof, during which said nuisance shall be allowed to remain, after notice as aforesaid. obstmc- S 6. No person shall put or place, or suffer to be tions not to ° -»- A st e rerts c S oh P ut or placed upon the streets or sidewalks of any of sidewalks. tlle streets in said c i ty? opposite to the lot or tenement by him owned or occupied, in part or in whole, or npon any of the streets or sidewalks in said city, any manner of obstruction whatsoever, whereby the free use of such street, or sidewalk, shall be in any manner tTbe d s £wed impeded or interrupted ; and no person shall saw, cut sidewalks, or split any fire wood or other wood of any descrip- Nottoap- tion upon the sidewalk of any of said streets. Pro- sons t0 repIir- yided, however, that none of the provisions of this ing or ' ' under n |er- section shall be deemed to extend or to affect any mission. p erS on who is building or repairing any dwelling house, store or tenement and who shall have obtained a permit or license from the proper officer of the common council for that purpose. Any person violating the provisions of this section, shall be subject to a penalty of not exceeding ten dollars for each and every offense. City Ordinances. 313 § 7. The owner or occupant of any lot, building or Goods, tenement, fronting on, or adjoining any street in said be 0 ' city shall not hang or set any goods, wares or mer- j^H^ chandise, or any article whatsoever, for sale or show, in S wtdth front of the house, store lot or tenement by him, her or them owned or occupied, in part or in whole, extending any greater distance than one-sixth the width of the sidewalk, from and next to the house, store, lot or tenement owned by him as aforesaid. For each twenty-four hours any violation of this ordinance shall continue, the offender shall be liable to a penalty not to exceed five dollars for each olfense. § 8. No person shall construct or maintain over construc- any avenue, street or alley, the frame of any awning at a less elevation than eight feet from the sidewalk nor . . . -, , " ' regulated. permit the clotli or canvass thereof to hang loosely down over such sidewalk less than seven feet there- from. The posts, if any, supporting such awning shall be placed only next to and inside of the curb- stone, and shall be of iron or such other material only as may be allowed by the common council ; and no person shall place or maintain any sign at a less elevation than eight feet from the sidewalk, nor extending over such sidewalk more than forty-eight inches from the building fronting thereon. Any person violating the provisions of this section shall be subject to a penalty of not exceeding ten dollars. . § 9. Every owner, proprietor, lessee, occupant or snowand person having the charge, or entitled to the possession, of any house or other building, lot or premises, front- SSlSer. ing or bordering on any street or highway in this city, shall, on or before ten o'clock on every morning, whenever snow or ice, or either, shall be accumulated thereon, remove such snow or ice, from the sidewalk and gutter in front of such building or premises and shall keep the same free therefrom during the day, or, in case the snow and ice, or either, shall be so 314 Ashes and sand maybe strewn, when. Street lounging prohibited. Laws of the City of Cohoes. congealed, that they, or it, cannot be removed without great difficulty or injury to the pavement, such owner or person shall cause such snow and ice to be strewn with ashes or sand and kept so strewn until the same may be removed. Every person neglecting or refusing to comply with this ordinance shall be subject to a penalty of not less than two nor more than ten dollars for every instance of neglect or refusal. § 10. No person or persons shall idly sit, stand or lounge upon the corner of any street or alley in said city, or upon any street or alley, or upon any-entrance, hallway or stairway of any building in said city, without the express permission of the occupant of such building. Any person offending against any of the above provisions of this section shall be subject to a penalty not exceeding five dollars for each offense. § 11. Excepting by permission of the mayor or any alderman designated to act in his place, no person shall cause, suffer or permit any wagon, cart, carriage, sleigh or other vehicle to be cleaned or washed in or upon any public highway, street, alley or public place in said city; nor shall any person cause, suffer or permit any vehicle to stop, stand or remain in or upon any such highway, street, alley or place, except in a place designated as a public market place, for a longer time than one hour after notice from any police officer to remove the same ; nor shall any person drive, back or load any horse or any vehicle, on the footpath or sidewalk of any such highway, street or alley except in crossing the same to enter or come from any adjoining lot or yard. Any person violating' the pro- visions of this section shall be subject to a penalty of not less than two nor more than ten dollars for each offense. blSidSf s f § 1^- N° person shall remove or cause, suffer or ^blfu- ts permit to be removed, or aid or assist in removing any lated. Wagons, etc., not to be cleaned in any street. No vehicle to remain in street, etc., more than one hour. Nor to be driven over footpath, etc. City Ordinances. 315 building into, upon, along or across any highway, street, alley or public place in this city, without the per- mission of the common council, first had and obtained, and under such restrictions as it may prescribe. Any person violating the provisions of this section shall be subject to the penalty prescribed by chapter twenty, of these ordinances. § 13. No person shall, without permission from the 5 i f552t s up mayor or common council, dig, excavate or take up, i e a \ c e , d regul any portion of any highway, street, alley, sidewalk or public place, or the paving or flagging thereof, and any person so doing, by permission or otherwise, shall immediately or upon the expiration of the time limited in such permission, restore the same to its original condition; and the same when so restored shall be kept in good and safe condition for at least one year thereafter. It shall be the duty of the superintendent Duty of of streets and public grounds, and also of the members tendent of of the police force of said city, to notifv anv such of r poifce n to . notify of person ot any violation of this ordinance, and, upon violation and after such notice, every person who shall, for twenty-four hours, or part thereof, neglect or refuse to comply therewith, shall be subject to the penalty prescribed by chapter twenty of these ordinances; and the said superintendent of streets and public work to be n done by grounds, after the expiration of five days from said H£™' of notice, shall cause said street, alley, sidewalk or J5§£ 0 f ter public place to be restored to its original and proper fivedays - condition and the expense thereof shall be a charge against,and be collected by said common council from, the person offending, as aforesaid. Note:— In regard to removing the pavement from streets paved or repaved by the public improvement commission, see § 12 of the public improvement act (Chapter 227 Laws of 1898). § 14. No locomotive, freight, baggage, passenger or Locomo- other railroad car, shall be placed or remain standing P r ? *?and- ^ o mg on street on any street crossing in this city, so as to encumber ^SSfd 316 Laws of the City of Cohoes. the same for any length of time exceeding fifteen minutes. No engineer, fireman, conductor or other person having charge thereof shall run or impel or permit to be run or impeled, any locomotive, car, or train of cars, automobile, locomobile or other vehicle same, not through, upon or across any of the streets or alleys of spe e ed C of this city at a greater rate of speed than eight miles an p?r h hour les hour. Any violation of either of the provisions of st c re°e s ts, etc. this section shall subject the offending party to the penalty prescribed by chapter twenty hereof. Areas, etc., § 15. All areas or covered ways shall be properly guarded guarded and secured, and shall not obstruct any side- walk of any public street or alley in this city. No gate, stoop, steps, porch, cellar-way, area, bay- window or other addition or appendage to any build- ing, nor any structure shall be permitted to swing or obstruct sidewalk. Gates, etc., not to ex- tend over sidewalk more than wMth there- ex tend over or across any portion of any such side- walk except that areas and steps may extend over or across not more than one-fifth (1-5) of the width thereof, and that bay-windows or other like additions or exterior appendages above the first story of any building may extend over such sidewalk not exceed- Removai of ing three (3) feet. The owner of any lot or premises eff™5ed°in w ith which there is or shall be connected any area, gate, steps, stoop, porch, bay-window or other addi- case ot violation of this section vice r o S f e co Py tion > erection or structure extending or swinging over ot section. any guch s^ewalk farther than, or contrary to the manner permitted by this section, shall remove the same, or so much thereof as shall extend into any street or alley further than aforesaid, within ten days after the due service upon him of a copy of this section; and in case of neglect or refusal by such owner to remove such gate, stoop, steps, porch, cellar- way, area or bay-window or other structure or so much of the same as shall extend into any such street, alley, or sidewalk further than aforesaid, within the said ten days after the service of this section as aforesaid, such City Ordinances. 317 owner shall be subject to the penalty prescribed by chapter twenty, of these ordinances for every twenty- four hours or part thereof such gate, stoop, steps, porch, area, cellar- way, bay-window or other structure shall be suffered to remain after notice as aforesaid; and the common council, at any time after the expi- ration of said ten days, may cause such removal to be made and the expense thereof shall be a charge against, and be collected by said common council, from the person offending, as aforesaid. § 16. No person shall, except as herein otherwise Buildings •-it j-i'-it -i i and other provided, erect, build or place, or cause to be erected, structures ± 9 9 ' not to be built or placed, or being responsible therefor or the ei '. e « ed ,. x 7 o ± within line cause thereof, allow to remain within the line of any ° t f c hi g h way, highway, street or alley, any building, fences or other erection or structure, nor shall the said highway, street or alley be obstructed in any manner or encroached upon by any such building, fences, erection or structures. Any person violating the provisions of this section shall be subject to the penalty prescribed by chapter twenty hereof. § 17. Any person who shall ride or drive any horse R^ng and or mule through any of the streets, alleys or high- ^eratdy ways of this city at an improper or immoderate rate, or who shall race therein, during any week day, shall be subject to a penalty of five dollars for each offense against the provisions of this section; and for such offense during Sunday, shall be subject to a penalty of ten dollars. Note :— Running horses on a highway is a misdemeanor. See § 666, Penal Code. § 18. All crosswalks within this citv shall be crosswalks ^ to be kept reserved and kept free from any sleighs, wagons, clear - carts or carriages being placed thereon, except so far as may be necessary in passing and re-passing the same, without continuing thereon any longer ; and the owner or driver of any sleigh, wagon, cart or other 318 Laws of the City of Cohoes. carriage, for every violation of this section, forfeit two dollars. shall Sidewalks, construc- tion and ma- terial of. Curbs, do. § 19. All sidewalks shall be constructed of stone, asphalt or Portland cement and shall not be less in width than one- sixth of the width of the street. All curbing shall be of stone not less than twenty inches wide nor less than four inches thick. All gutters shall be of stone, laid lengthwise as to form a flat surface next to the curbstone, and shall not be less than eight inches deep. § 20. Any person who shall drive, knock, toss or play ball, pitch pennies, or pitch quoits or fly any kites in any street, alley or highway of this city, shall be subject to a penalty of not exceeding five dollars for each and every offense. § 21. Any person who shall ride or drive any horse or mule faster than a walk over any bridge within the limits of this city, shall be subject to a penalty of two dollars for each offense. § 22. The owner or occupant of any lot or lots in this city shall remove all dirt, rubbish or other refuse materials that may be upon the street or sidewalk in front of such lot or lots, and also in any alley in the rear thereof. Any person who shall violate the pro- visions of this section shall be liable to a penalty of five dollars for each and every day such refuse material shall be allowed to remain after one day's notice from the common council, or superintendent of streets and public grounds. Gas and § 23. The owner or occupant of any lot in this city water boxes v • £ e b d e to°Ivei s h a U> within two days after being notified by the aftSnoS? superintendent of streets and public grounds, lower to and with the level of the sidewalk any gas boxes or water boxes in front of his premises which, at the time of such notice, are not on a level with the side- walk. Any person who shall violate any of the pro- Ball play- ing,";etc.,|in streets, pro- hibited. Penalty. Driving- over bridges regulated. Dirt, etc., in front of lots to be City Ordinances. 319 visions of this section shall be liable to a penalty of five dollars per day for each and every day such gas boxes or water boxes shall be allowed to -remain above the level of the sidewalk after notice. § 24. Whenever anv person shall hereafter place gas Location of boxes or water boxes m any of the sidewalks of this water ^ boxes. city, the same shall be placed not more than four inches from the curbstone. Any person who shall violate the provisions of this section shall be liable to a penalty of five dollars. § 25. All buildings in this city shall be numbered Buildings -. t — i • -i • to be num- and kept numbered m plain figures, so placed that bered - the numbers can be seen and read in day time from the fronting sidewalk. Such numbers shall conform to the numbers represented on the general map of the city, made, or to be made, under the direction of the common council. Any owner of any building in this city, who shall offend against this section, shall incur a penalty of two dollars for each offense. § 26. It shall not be lawful for any person to strewing of deposit, cast, strew, throw or hand to or distribute matter on streets, etc. among passers-by, or other persons, upon any of the P rohibite d- streets, alleys or public ways or places of the city of Cohoes, any circulars, dodgers, hand-bills, printed or pictured papers, advertising media or devices, or any like substance or material, whereby the said streets, alleys, ways, places or the premises neighboring thereto are, or may be or become littered or strewn or rendered unsightly, unclean, foul and offensive. Any person violating the provisions of this section shall be subject to a penalty of not exceeding ten dollars for each and every offense. § 27. No person shall carry, haul or transport over Dirt) asheS( the streets, alleys or public places of the city of 2& < ££J Cohoes, by means of carts, wagons or other vehicles secured as having bodies or boxes loosely jointed or so con- "ame° htter 320 Laws of the City of Coiioes. structed or used as not to securely contain any dirt, ashes, manure, refuse or other substance which, from the nature thereof, is capable, when transported in any such cart or vehicle, of sifting through and escaping therefrom to or upon the said streets, alleys and places ; but all carts, wagons and vehicles shall, when used for transporting ashes, dirt and substances aforesaid over the public ways and places of said city, be provided with bodies or boxes sufficiently tight and having the sides of such bodies or boxes suffi- ciently high to prevent such substances from escaping therefrom to, and littering, said ways and places. Any person violating the provisions of this section shall be subject to a penalty of not exceeding ten dollars for each offense. Manure 8 28. No person shall carry, haul or transport, any carried over i T 1 streets to manure on or over the streets, alleys or public places be secured inj m same r " of said cit ^' unless tne sideboards of the cart, wagon or vehicle in which the same is contained shall be at least equally high with the manure therein, and of sufficient height to prevent the falling or escaping of the same over the sideboards to, and upon, and litter- ing the said streets, alleys or places. Any person violating the provisions of this section shall be subject to a penalty of not exceeding ten dollars for each offense. Dirt, etc.. § 29. Whenever any dirt, ashes or manure or other fStt^ substance aforesaid being transported over the public fo e rth e wkh ed ways or places, shall by unavoidable accident, be dropped or deposited upon any such way or place, the person transporting the same shall forthwith remove all such dirt or other substance and shall not permit such way or place to remain littered or encumbered thereby. Any person violating the provisions of this section shall be subject to a penalty of not exceeding ten dollars for each offense. City Ordinances. 321 § 30. Every cart, wagon or vehicle used for carry- on ing or conveying through, or over, the paved streets or o^lTI alleys of this city, any oil or similar substance, shall, Sr b ed from unless the same be contained in barrels or receptacles SST* from which there can be no escape, be provided with drip pans or other contrivance to prevent the leakage and escape of such substance upon the surface of said street or alley ; and no person shall carry, convey or transport any such substance through or over any such street or alley, except as herein provided, without having his cart, wagon or vehicle equipped as afore- said, under the penalty of not less than two nor exceeding ten dollars for each offense. CHAPTER II. AN ORDINANCE RELATIVE TO THE HAWKING AND SALE OF GOODS, WARES AND MERCHANDISE IN THE STREETS, OR FROM DWELLING TO DWELLING. The Common Council of the city of Cohoes do ordain as follows : Section 1. No person shall hawk or peddle in any Hawking of the public streets, ways or places of the city of SS^lS - Cohoes, nor offer or expose for sale in any of such 5E2.t streets, ways or places or from dwelling to dwelling in te pro ' said city, any goods, wares, merchandise, meat* or vegetables without first having obtained a license therefor. Note :- As to unlicensed peddlers, see § 384e, Penal Code. As to further provisions of law relative to peddlers, see Article IV of the domestic commerce law (Chapter 376, Laws of 1896). domestic § 2. This ordinance shall apply to every person App i, taking orders from dwelling to dwelling for goods, ?an°2 wares or merchandise to be thereafter delivered, and to every person delivering such goods, wares or 'mer- chandise in pursuance of such order, unless such . . Iication of ordi- 322 Laws of the City of Cohoes. person be a proprietor of, or his employee in, a store wherein is regularly conducted the business of selling groceries, meats, teas, coffees, bread, cake, pies, grain, coal, crockery or glassware; but shall not prohibit such proprietor or employee from taking orders for, and delivering from dwelling to dwelling, the goods, wares and merchandise usually contained in such store ; but this ordinance shall not apply to any person selling or delivering milk in said city, nor to any person selling or delivering in said city,, vege- tables or farm produce, raised by such person upon land owned or leased by him. License, to g 3 The mayor of said city shall issue to every po°n m X d t person 0 f p ro per character applying for and requiring sued s ls_ a license according to the provisions of this ordinance, for selling or disposing of the articles hereinafter mentioned, in any manner specified in the first section of this ordinance, a license or permit upon payment by such person for the use of the city for contingent expenses, the following sums for the respective periods herein prescribed, viz.: Kindling wood, fruits and vegetables for a period not exceeding one year, nothing; stationery, one year, $15 ; six months, $8- three months, $5; meats and fish, one year, $25; six months, $15; three months, $9. All other articles, one year, $30 ; six months, $18 ; three months, $10. wa^onor r 4 Every person so licensed who shall employ a SSSSJSi. wagon sled or other vehicle or contrivance for carry- ing or exposing his goods, wares or merchandise, shall have his name, together with the words "licensed vendor" and the number of his license legibly and distinctly marked upon such vehicle or -fa- contrivance. § 5. Every person violating the provisions of the SS^' first, second or fourth sections of this chapter shall be City Ordinances. 323 liable to a penalty of not exceeding twenty-live dol lars for eacli and everv offense. CHAPTER III. AN ORDINANCE TO REGULATE THE USE OE BICYCLES, TRICYCLES AND SIMILAR VEHICLES IN THE | CITY OE COIIOES. The Common Council of the city of Cohoes do ordain as follows : Section 1. No person, except children under ten Bicycles, *- etc., not to years of age, shall ride any bicycle, tricycle or simi- ^I^foot lar vehicle over any footpath in any park or upon any ^t£wl\k. sidewalk within the limits of this city, except when Exception, said sidewalk shall have been or shall be hereafter constructed solely at the expense of wheelmen or cyclists by and with the consent of the officers having jurisdiction therein, and, as to such sidewalks, this section shall not apply, unless the road or street in front of said last mentioned sidewalk is paved with some smooth and permanent pavement like asphalt or brick, and maintained in a condition suitable for the use of cycles. § 2. No person shall ride any bicycle, tricycle or Nor be nd- similar vehicle in any street, lane or alley within the moderate . speed. limits of this city at an improper or immoderate rate of speed. § 3 Every^ person riding any bicycle, tricycle or Beiior similar vehicle shall give an alarm by bell, whistle or to be given, otherwise, which may be heard one hundred feet dis- tant, when about to meet or pass pedestrians and when about to meet or pass other vehicles, but no such bell or whistle shall be used unnecessarily so as to create a nuisance. § 4. All bicycles, tricycles and similar vehicles Light to be ^ 7 ^ attached. when ridden on any public highway, street, avenue, 324 Laws of the City of Cohoes. walk or public place, shall have attached thereto, or carried therewith, a light of such illuminating power as to be plainly seen two hundred feet ahead and kept lighted between one hour after sunset and one hour before sunrise ; but this section shall not apply to any rider whose light has become extinguished or who is necessarily absent from his or her home with- out a light when going at a pace not exceeding six miles an hour, when an audible signal is given as pro- vided by section three of this ordinance as often as thirty feet are passed over. mad to be § ^' -^ ver y P erson when riding any bicycle, tricycle observed. or s i m ii a r vehicle in any street, lane or alley within the limits of this city, shall observe such rules of the road as are established by the highway law. Penaity^for g Every person violating this ordinance or any section or provision of this ordinance shall be punished by a fine not exceeding the sum of five dollars for each offense, and in case of the non-payment of such fine by imprisonment in the county jail not exceeding one day for each dollar of such fine, in the discretion of the court or magistrate. Note :— For prohibition against throwing substances on highway to injure cycle tire?, see § G54a, Penal Code. CHAPTER IV. AN ORDINANCE TO PROVIDE FOR PROTECTION FROM FIRE AND EXPLOSIONS; AND TO FACILITATE THE WORK OF THE FIRE DEPARTMENT. The Common Council of the city of Cohoes do ordain as follows : Fires in Section 1 . No person shall make or keep a fire in out build any yard, woodhouse or any other outhouse or build- ings regu- m 1 « lated. mg in this city, unless m some proper receptacle tor fire, communicating with a chimney, under the penalty of not exceeding ten dollars for every offense. City Ordinances. 325 8 2 No person shall kindle any fire or furnish, re**, when , . not to be materials therefor, nor in any way authorize or allow ^ dled < to be made, or in any manner aid or assist in making, any fire in any street, square, lane, alley or public grounds in this city, or upon any vacant lot or ground in this city, within fifty yards of any building, under the penalty of not exceeding ten dollars for every offense. § 3. No person shall fire or set off any pistol, gun, Pistols, cannon, air gun, flobert rifle, fire crackers, rockets or 2 ot ^ b . e , . 707 7 ■ ' fired within squibs, or any other fireworks charged with gun Clt - V limits - powder, or other highly inflamable or explosive materials, or throw or play with fire-balls, within the limits of this city; and any person violating this ordinance by firing any cannon, shall incur a penalty of not less than five dollars, nor more than twenty- five dollars; and for firing any gun, pistol or other fireworks, as aforesaid, except cannon, the sum of two dollars. 'This section shall not be operative or in Exception, force upon the day set apart for the celebration of the anniversary of the Declaration of the Independence of the United States. § 4. No person shall be allowed to burn out any Chimneys, i • • i . ' . t n t burning chimney withm the lire limits, except on rainy days, reg- and then only by permission of the chief engineer or one of the assistant engineers of the fire department, under penalty of five dollars for each offense. § 5. No roof shall be constructed or built within Roofs - con - . . struction of, the fire limits of the city, except the same be com- re g ula ted. posed of slate, gravel or metal, under a penalty of not exceeding twenty-five dollars for each offense, and ten dollars a day for each day such roof may continue. § 6. No person unless a fireman, policeman Or Premises of public officer, shall enter or assemble with any other ladder com - ^ panies not person or persons in or upon any building, house, [°redSce P t rooms, grounds or premises belonging to the city, and by officials 326 Laws of the City of Cohoes. of way. occupied by any hook and ladder, hose or engine company thereof, at any time without the permission of the foreman of such company. Locomo- § 7. No person shall drive any locomotive, car, etc., not to carriage, cart or any other vehicle over any hose be driven ° m . _. over hose, stretched or laid, or being stretched or laid, at any fire or alarm of fire in this city, under a penalty of not exceeding ten dollars for, each offense. Apparatus § 8. The apparatus of the fire department shall gartmentto h aV e the right of way in and upon the streets, lanes, alleys, squares and railroad crossings in going to any fire or being upon such streets, lanes, alleys, squares or crossings in pursuance of an alarm of fire. No person shall obstruct, or neglect or refuse to make way for any of such apparatus being thus in or upon any of the said streets, lanes, alleys, squares or cross- ings under a penalty of twenty-five dollars for every offense. only fire- $ 9. No person other than a fireman, or person m*»n ptr .. to O -L over sixteen years of age, shall drag or run with or assist in dragging any fire engine, hook and ladder truck or hose cart. Badges, etc. g 10- It is hereby made unlawful for any person to of depart- <- " _ wear the badge, button, or insignia of the fire depart- men, etc., to run with apparatus ment not to be worn be worn ~ ' 1 ° miSi 0 on tper ' ment, as designated, and adopted by the board of fire commissioners, except by permission of said board of commissioners. Any person violating the previsions of this section shall be liable to a penalty of not less than two dollars, nor more than ten dollars. False § ii. Any person who shall make, aid, countenance n™d° or assist in making any false alarm of fire, or who improper o «> nauaii?" snail operate or use any call of the police signal prohibited. a p paratus without occasion therefor, shall forfeit for every offense, a sum not less than five nor more than twenty-five dollars, in addition to any other penalty imposed by law. City Ordinances. 327 osit of CHAPTER V, AN ORDINANCE TO PREVENT THE COMMISSION AND THE CONTINUANCE OF PUBLIC NUISANCES, AND PEOMOTE THE PUBLIC HEALTH. The Common Council of the city of Cohoes do ordain as follows : Section 1. Any person who shall bring, deposit or Dep leave anywhere within the limits of this city, any some sub- dead carcass or other unwholesome substance, or who prohibited, shall assist in so doing, shall be subject to a penalty of not exceeding ten dollars for such offense. § 2. All persons are forbidden to keep hogs within Keeping: of the limits of the city, except on lands used and taxed h?blted™ ex - 7 ■*■ cept on as farm lands. Whoever shall offend against the pro- farm lands, visions of this section shall be subject to a penalty of not exceeding five dollars for each and every day any swine shall be so kept within said city except on said lands used and taxed as farm lands. § 3. Any person who shall bring, leave or deposit Deposit of any rubbish, filth, offal, refuse matter or dead carcass in echoes co s 47 7ij canal or the upper level of the Cohoes company's canal, within jjg^JJ; the bounds of this city, or in either of the reservoirs hibited of the city water works, shall for each offense be sub- ject to a penalty of not exceeding one hundred dollars. § 4. Any person who shall bathe in any of the g^hing in waters in any public and exposed place within the §Jfy timi? limits of this city between sunrise and dark or at any P rohlblted time in the upper level of the Cohoes company's canal or in any reservoir of the city water works, within the limits of this city, shall be subject to a penalty of not exceeding five dollars for each offence. § 5. No tanner, refiner, or manufacturer of gas, offensive u 7 1 ° 1 substances starch, leather, chemicals, fertilizers or of any product £cSdes nu * whatsoever, shall permit or have any offensive sub- " h ° r Vw n b in stance, water or other liquid, whether refuse, or for pubnc Sor 328 Laws of the City of Cohoes. use in any trade or otherwise, on his premises, or throw, deposit or allow to run, or to be thrown into any public waters, streets or public place, lake, pond, river or stream, any offensive or deleterious liquid, or any gas, tar or refuse, or any offensive matter; or foul or render impure any natural stream of water, or fail to use the most approved and all reasonable means to prevent the escape of smoke, gases and odors. Whoever shall violate any of the provisions of this section shall be liable to a penalty of not exceeding twenty-five dollars for each and every offense. Depth of ft 6_ Each and every grave within the limits of this graves in o «/ o city limits. c j t y | n which the body of any deceased person shall be buried, shall be at least six feet deep. Every person who shall violate the provisions of this section shall be liable to a penalty of fifty dollars. Filthy § 7. Any person who shall suffer or permit any unwhoie 1 - 6 stagnant or filthy water, or putrid or unwholesome stances not me ats, decayed vegetables or other offensive, unsound to remain 7 ^ ° on private or unwholesome substance to remain on his or her lot, premises. 7 or on or in his or her sidewalk or gutter, or in his or her house or other building or cellar, or in or upon any boat in the Erie canal, or in the Champlain canal, within the limits of this city, shall forfeit a penalty of not exceeding twenty dollars for each offence, and shall also pay to the city of Cohoes the expense and charge which the said corporation shall be put to in removing or abating any such nuisance; and the mayor or any alderman or health officer, with any person in aid of him, may, at any time in the day enter into or upon any house, cellar, boat or other place in the city of Cohoes, and remove or abate such nuisance in such manner as he shall judge best, so as, in his opinion, most effectually to secure the public health ; and any person obstructing or hindering such mayor, alderman or health officer, or any person in City Ordinances. 329 whole- some sub- stances not to remain on private premises. aid of either, in the execution of his duty, shall be subject to a penalty of twenty-five dollars for each and every offence. § 8. Every owner or occupant of any building or Putrid, lot, or any part of any building or lot, within the city ™ xio,! ; ,s of Cohoes, and the owner or proprietor, lessee or person entitled to the possession of, or having charge of any unoccupied building or lot, or unoccupied part of any building or lot in said city, within, upon, or from which building or lot, or any part thereof, there shall be, stand or proceed any putrid substance, fetid grease, tallow, bones or offal, decaying animal matter, filthy water, chemical compounds or any noxious, offensive or unwholesome thing whatever, which shall, in the opinion of the health officer of said city, be injurious to the public health, or to the health of any person who shall or may be subiect thereto, shall Removal . thereof, forthwith, upon being notified by said health officer, after notice, remove or suppress whatever is regarded and desig- nated by said health officer as so injurious, and shall effectually prevent such injury, under a penalty of not exceeding fifty dollars for every neglect or refusal so to do. § 9. Any pottery, brick kiln, smoke-house, SOap Or Potteries, candle manufactory, slaughter house, bone boiling Or houses, etc., bone black establishment, or any manufactory in this ance ? t" U be . , -i-i-ii . . .. removed or city which shall be noxious, injurious or unwhole- abated - some, in the opinion of the board of health, shall be considered a nuisance, and shall be removed or abated upon reasonable notice given by the health officer ; and if the nuisance shall continue after the time speci- fied in the notice, the person or persons so continuing the same shall be subject to a penalty of twenty-five dollars for each day's continuance after such notice to remove or abate, § 10. All persons are forbidden to pile manure Manure, upon any vacant lots or unoccupied lands within the ?eSfa°ed. Laws of the City of Coiioes. boundaries of this city when the same, in the opinion of the health officer of the city, is or may be preju- dicial to the public health, and are required to remove the same when directed so to do by said health officer Whoever shall offend against any or either of the provisions of this section shall be subject to a penalty of twenty-five dollars for each and every offense, stabies to a All persons who have stables, or who hire or be provided °> x , with boxes use t j ie same i n this city, are required to provide such tor en 3. nil re stables with suitable boxes for manure, and to remove such manure from such boxes at least once in each week during warm weather. Whoever shall neglect or refuse to comply with the provisions of this section, or any part thereof, shall be subject to a penalty of five dollars for each and every offense. Removal of §12. All persons are forbidden to remove of cause night soil 0 r regulated. to ^ e rem oved, night soil from the vault ot any privy in this city, except during the night time between the hours of eleven p. m. and four a. m., under a penalty of not exceeding twenty-five dollars for each and every offense. Removal of § 13. In no case shall the contents of any privy or tents not to vault be removed unless the same be properly disin- beforedis- f ec ted before the work of removing is commenced, infection. < . and also during the progress ot said work and upon the completion thereof. Whoever shall offend against any or either of the provisions of this section shall be subject to a penalty of not exceeding twenty-five dollars for each and every offense, sale of un- § 14. All persons are forbidden to sell or give away or P dam U aeed any unripe or damaged fruit to any child or to sell or Te e f5at b ed S give away any stale vegetables for the purpose of food for the table to any person or persons within this city. Whosoever shall offend against either of the provisions of this section shall be subject to a penalty of not exceeding twenty-five dollars for each and every offense. City Ordinances. 331 vide separate boxes or receptacles therefor so that % ashes shall not be placed in the same box or receptacle with garbage or other refuse matter, and place said boxes and receptacles on the curb of the sidewalk, or on the outer edge of the alley adjoining their premises before the hour of 8 a. m., on such days of each week as shall be designated by the common council of the city of Cohoes, from time to time, for removal of the same. All persons neglecting or refusing to observe the provisions of this section shall be subject to a penalty of five dollars for each offense. AN" ORDINANCE RELATIVE TO ANIMALS RUNNING AT LARGE, AND THE IMPOUNDING THEREOF. The Common Council of the city of Cohoes do ordain as follows : Section 1. ~No person owning or having charge of nottoVun " any cattle, horses, sheep, swine, geese, goats or other stVeetf, 6 « c . brute animals shall permit or suffer them or any of them to run at large in any street, road, lane, alley or public square or park in this city. All persons violat- ing this section shall be subject to a penalty of not exceeding five dollars for each of such cattle, horses, sheep, swine, geese, goats or other brute animals so running at large. § 2. Any such cattle, horses, sheep, swine, geese, /™ p o 0 f u c n a d UIe goats or other brute animals running at large, as ^ r a u t n " specified in last section, may be driven by any person regu " to the city pound, and it shall be the duty of the city police to drive them or cause them to be driven to the city pound whenever found so running at large ; and it shall thereupon be the duty of the master of such pound, and he is hereby authorized, to sell the same, CHAPTER VI. 332 Laws of the City of Coitoes. Notice of sale. redeem. Fees. at such pound, at public auction, to the highest bidder, within six days thereafter, upon three days' notice in writing, to be affixed to the outside door or gate or show board of such pound, and at the nearest public owner may place as provided by law, unless the owner shall pre- viously redeem the same by paying to the pound- master, the reasonable expense of driving them to the pound, not exceeding fifty cents for each animal and the amount of his fees for keeping and feeding the same at the rate of fifty cents for each animal for every twenty-four hours or fractional part thereof, and out of the proceeds of such sale to pay the penalty incur- red for violation of this section as hereinbefore pro- Expenses, vided, the reasonable expense for driving such animal or animals to the pound and for keeping and feeding the same at the rates above mentioned, and of selling the same at the rate of fifty cents for each one sold, payment and to pay over the balance for the benefit of the owner anacSmt to the chamberlain, with an account showing by whom r " and when they were driven to the pound, when and to whom sold, and the amount of sales, which account shall be rendered to and filed with the chamberlain monthly. Note :-For punishment for failure to provide proper food and drink to impounded animals, see § 657, Penal Code, lain CHAPTER VII. AN ORDINANCE TO PRESCRIBE RULES AND REGULATIONS FOR THE GUIDANCE OF THE SEALER OF WEIGHTS AND MEASURES IN THE PERFORMANCE OF HIS DUTIES AND TO FIX HIS FEES AND COMPENSATION. The Common Council of the city of Cohoes do ordain as follows : Section 1. The city sealer of weights and measures shall visit semi-annually, commencing in the month of March and September, respectively, all places of business within the limits of this city where any City Ordinances. 333 article is bought or sold, the sale of which is regulated inspection , • i x ° of scales. by weight or measure, and carefully inspect scales, steelyards, weights and measures in use by any person or persons in the sale of any articles regulated as afore- said, and he shall also semi-annually carefully inspect all scales, steelyards, weights and measures used within the limits of this city in the sale of articles the sale whereof is regulated by weight or measure by persons other than those who have fixed places of business therein, and if upon proper inspection by said sealer of such scales, steelyards, weights and measures, he shall find them to accord with the standards in his possession, he shall appropriately mark such weights and measures and attach his seal thereto. Marking of weights,etc. § 2. Said sealer of weights and measures shall be Fees for entitled to receive for such services at and after the marking of following rates, to be collected from and paid by the wdghts, person or persons owning or using such scales, steel- yards, weights or measures. For sealing and marking every beam, ten cents. For sealing and marking measures of extension, at the rate of ten cents per yard, not to exceed fifty cents for any one measure. For sealing and marking every weight, five cents. For sealing and marking liquid and dry measures, ten cents for each measure. But in every case where he sliall find weights or measures to be above or below the standard, or any scale or steelyard defective or unfit for use, he shall proceed to correct such weights corre :ction of untrue or or measures and attach his seal thereto, and notifv tile defective weights, person or persons owning or using such scale or steel- scales < et < yard of such defect, after which the person having control thereof shall withdraw the same from use until repaired or corrected, and the said sealer shall have power to collect fees as a reasonable compensation for Fees such inspection and for making such weights and and correct- measures conform to the standards in his possession ; for in- ing :orrei ng same. 334 Laws of the City of Cohoes. said fees to be paid by the person or persons having control of the business where such weights, scales, steelyards or measures are in use, and to be regulated as follows: For inspection and correction of all measures and weights attached to all scales or steel- yards having a weighing capacity of less than one hun- dred pounds in or at any one place of business, fifty cents. For the inspection and correction of weights attached to each scale having a weighing capacity of one hundred pounds and less than five hundred pounds in or at any one place of business, fifty cents. For the inspection and correction of weights attached to each scale having a weighing capacity of five hundred pounds and less than two thousand pounds in or at any one place of business, one dollar. For the inspection and correction of weights attached to each scale having a weighing capacity of two thousand pounds and less than four thousand pounds in or at any one place of business, two dollars. For the inspection and correction of weights attached to each scale having a weighing capacity of upwards of four thousand pounds, three dollars. Report to § 3. The said sealer shall report in writing to the Sn m ofcases chamberlain the name of any person or persons who ^produce shall refuse to produce scales, steelyards, weights or measures for inspection by said sealer when called upon to do so, or who shall refuse to comply with the provisions herein contained. Record of § 4. It shall be the duty of the sealer of weights firms to be and measures to record in a book to be provided for onnspect- SU ch purpose and to be the property of the city, the mg scaes, name Q f ever y person or firm doing business in this city whose weights or measures are used in regulating the scale of any article, the date of inspection of such weights or measures, the condition of such weights or measures, designating them above or below the stand- ard, or correct, as the case may be, and the amount of City Ordinances. 335 fees collected from such person or persons ; which said Book of book shall be placed in the hands of the chamberlain be placed ■ i -, „ , with cham- on the completion of each semi-annual inspection of berlain said sealer and be open during business hours for the examination of any person interested in the same. § 5. Any person or persons who shall refuse to penalty for comply with the provisions of this ordinance, or who comply to shall refuse to produce scales, steelyards, weights or nanceo/to measures for inspection when requested by said sealer, scale " or who shall knowingly continue in use any scale or steelyard which is irregular or defective, or weights or measures which are above or below the lawful stand- ard, shall be subject to a penalty of not less than three nor more than twenty-five dollars for each and every offense. Note :— In relation to false weights and measures, see §§ 580-585, Penal Code. CHAPTER VIII. AN ORDINANCE RELATIVE TO BILL POSTING IN THE CITY OF COHOES. The Common Council of the city of Cohoes do ordain as follows : Section 1. No person shall engage in and carry on Bin posting the business of bill posting, or bill distributing Or ting with- sign advertising in the city of Cohoes without pre- prohibited! viously having obtained a license so to do under the provisions of this chapter. § 2. The mayor of the city of Cohoes may grant to Mayor may proper person who shall apply to him therefor, in ESSes. writing, a license to engage in and carry on, in the city of Cohoes, the business of bill posting and bill distribu- ting and sign advertising, which license shall expire at the end of one year from the date of its issue. § 3. Every person or firm to whom a license may be Fees for license granted under the provisions of this chapter shall pay 336 Laws of the City or Co hoes. to the mayor, on the delivery of the same to the party to whom such license is granted, the sum of fifty dollars. § 4. Every applicant for a license under the provi- sions of this chapter shall present to the mayor, at the time of making the application for such license a bond in the penalty of two hundred dollars, executed by the party making the application and two sureties to be approved by the mayor and conditioned for the faithful observance of the provisions of this act and the ordinances of the said city. § 5. Any person violating any of the provisions of this chapter shall be subject to the penalty prescribed by chapter twenty of these ordinances. CHAPTER IX. AN ORDINANCE TO PROHIBIT GAMBLING AND TO REGU- LATE SPORTS, GUNNING, SHOWS, EXHIBITIONS, AND PERFORMANCES FOR MONET. The Common Council of the city of Cohoes do ordain as follows : Games of Section 1. Any person who shall engage in play- sun n d c a e y° n ins; cards, dice, dominoes or any game of chance for prohibited. ° . -. . ., money or otherwise upon any Sunday, within the limits of this city, shall be subject to a penalty of not less than five dollars, nor more than twenty-five dollars for each and every offense. Exhibitions § 2. No person shall exhibit any shows of natural forrnances or artificial curiosities, theatrical performances or without „ license pro- musical entertainments, or any shows or pertormances hibited. 7 " for money within the bounds of this city except by license from the mayor first had and obtained upon the payment to the chamberlain of this city of such sum as may be required by the common council, not exceed- ing twenty-five dollars for each day's exhibition or Applicant to rile bond. Penalty for viola- tion of or- dinance. City Ordinances. 337 performance, and any person or persons violating the provisions of tins section shall be subject to a penalty of not exceeding fifty dollars for each offense. § 3. Any person who shall drive, knock, toss or Ban P i ay - play ball, pitoh pennies, or pitch quoits or fly any on^Sundky, kites in any places within the limits of this city on any Sunday shall be subject to a penalty of not exceeding five dollars for each and every offense. § 4. No person shall erect, set up, keep or main- Bowim* ■*• J x alleys, bil- tam or permit to be maintained, in any house or e \ a / d / 0 a r bleSi premises occupied by him, any bowling, ball alley or use billiard table, for public use, unless he shall first licensed obtain a license from the mayor therefor, and the mayor is hereby authorized to grant such licenses from time to time, with such limitations and conditions as he may deem proper, to expire on the first day of May thereafter. Note:— In relation to the keeping of gambling apparatus, etc., see §§ 336-338 and 343, Penal Code. CHAPTER X. AN ORDINANCE RELATIVE TO THE USE OF SEWERS, DRAINS, WATER PIPES AND OTHER CONDUITS, FOR THE PASSAGE OF WATER AND SEWAGE, AND TO OBSTRUC- TIONS THEREOF. The Common Council of the city of Cohoes do ordain as follows : Section 1 . No person shall be allowed to open any Public sew - public sewer for the purpose of draining, directlv or drained into . rj. ,, . , ., „ „ Without indirectly into it any surface water from any street, payment n for privi- alley, lot or lots ; and no person shall be allowed to le ^ e open any sewer heretofore constructed, by order of the common council of the city, or trustees of the village of Cohoes, for the purpose of draining, directly or indi- rectly, any private sewer, who have not paid an assess- ment toward the construction of any such sewer 888 Laws of the City of Cohoes. Power of common council to shut off drain. Passage of water in gutters, sewers, etc. not to be obstructed. without first paying to the chamberlain of the city such sum as the common council may deem just and equitable for such privilege ; and any person violating any of the provisions of this section shall be subject to a penalty of not exceeding ten dollars for each offense ; and the common council may shut off any dram so entering any such sewer, provided the pay- ment is not made as so assessed by the common council as aforesaid. § 2> Any person or persons who shall stop or obstruct the passage of the water of any street gutter or public sewer, culvert or water pipe, pump or hydrant, laid or placed by the city, shall be subject to a penalty of twenty-five dollars for each and every offense. CHAPTER XL Title of act for licens- ing tran- sient mer- chants. Provisions of same. AN ORDINANCE TO REGULATE SALES OF BANKRUPT AND OTHER STOCK BY TRANSIENT RETAIL MERCHANTS. The Common Council of the city of Cohoes do ordain as follows : Section 1. Whereas chapter 141 of the laws of 1898, entitled " An Act to provide for the licensing of transient retail merchants in cities and villlages in the state of New York, ' ' provides as follows : "§ 1. No person whether acting as principal or as agent for another, shall conduct a transient retail business in any store in any city of the third class, village or town of this state for the sale of goods which shall be represented or advertised as a bankrupt stock, or as assigned stock, or as goods damaged by fire, water or otherwise, or by any such like represen- tation or device, without first taking out a license therefor from the mayor of such city, president of City Ordinances. 339 such village or the supervisor of such town. The amount of the fee for such license in any city shall be fixed by resolution duly passed by the board of alder- men or common council, and in a village by resolution duly passed by the board of trustees of such village; and in a town by resolution of the town board of such town. Such fee shall not be less than twenty-five dollars nor more than one hundred dollars per month in a city or incorporated village, and not less than ten dollars nor more than fifty dollars per month in a town. No such license shall be issued for a less period than one month and shall be renewed monthly during the continuance of such business. The sum paid as license fees shall, in a city or village, be paid to the treasurer of such city or village, and in a town to the supervisor thereof to be used for city, village or town purposes." "§ 2. Any person as principal or agent, conducting a transient retail business, as described in this act, without obtaining a license therefor, shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not less than one hundred dollars nor more than two hundred dollars, and in default of the payment thereof shall be imprisoned for a period of not more than sixty days." Now, therefore, in pursuance of said act and for F ee for the purpose of carrying out and enforcing the pro- S™ J visions thereof, the amount of fee for such license as SK 1 is provided for and specified in said act, in and for the city of Cohoes, is hereby fixed by the common council thereof at the sum of seventy-five dollars per month. Note .—In relation to fictitious co-partnership names, see § 363 Penal Code. In relation to carrying on business as agent, see § 363a, Id. In relation to carrying on business under an assumed name, see § 363b, Id- 340 Laws of the City of Cohoes. CHAPTER XII. AN ORDINANCE TO REGULATE THE WEIGHT OF BREAD SOLD IN THE CITY OF COHOES. The Common Council of the city of Cohoes do ordain as follows : Section 1. All bread sold or offered for sale within the limits of this city shall be either one pound loaves or two pound loaves, and each pound loaf shall weigh sixteen ounces, if weighed within twenty-four hours after the same shall have been baked, and each two pound loaf shall weigh thirty-two ounces, if weighed within twenty-four hours after the same shall have been baked. Whoever shall offend against any of the provisions of this section, shall be subject to a penalty of five dollars for each offense. CHAPTER XX. AN ORDINANCE RELATIVE TO THE APPLICATION AND INTERPRETATION OF CERTAIN ORDINANCES, AND TO THE REPEAL OF OTHERS. The Common Council of the city of Cohoes do ordain as follows : penalty for Section 1. Any person violating the provisions of ordinances chapters one to twelve, inclusive, of these ordinances prescribed. 1 , Tl or any section or portion thereof, shall, upon prose- cution and conviction therefor, before the recorder of the city of Cohoes, be liable for each offense, except as therein otherwise prescribed, to a fine in the dis- cretion of said recorder, of not exceeding fifty dollars and in default of the payment thereof, imprisonment in the Cohoes jail for a term not exceeding thirty days. imprison- § 2. In default of the payment of the penalties Sic! imposed for the violation of said ordinances, the person so violating the same shall, except as therein City Ordinances. 341 otherwise prescribed, be imprisoned in the Cohoes jail the same number of days as the dollars of the penalty, under thirty dollars, each day being reckoned and regarded as equivalent to one dollar of penalty. Where it is in these ordinances prescribed that any person shall be subject to punishment for each twenty- four hours violation, or part thereof, of any provision hereof, such fine shall not exceed fifteen dollars for each such period of violation, or, in default of pay- ment thereof fifteen days imprisonment in said Cohoes jail. § 3. The words person' or 'persons' when used in Definitions, these ordinances shall be construed to include corpo- rations, associations and partnerships. Words im- porting the masculine gender may be applied to and include corporations, associations, partnerships and women ; words importing the plural number may be applied to and mean only a single person or thing ; words importing the singular number may be applied to and mean several persons or things. § 4. All ordinances passed by the common council Re P eal of the city of Cohoes, prior to the third day of Sep- tember, 1901, are hereby repealed. § 5. The foregoing ordinances, designated as chap- Time of ters one to twelve, inclusive, and chapter twenty; f eS of it shall take effect immediately upon their adoption and publication as required by law ; but no repeal of any existing ordinance shall take effect until after such Publication. Note:— As to evidence of ordinances, see § 941, Code of Civil Procedure ; also § 1, Chapter 219, Laws of 1878, as amended by Chapter 211, Laws of 1879. As to processions in streets, see § 4, of the general city law, (Chapter 327, Laws of 1900). As to carrying fire-arms in cities, etc., see §§ 1-3, Chapter 375, Laws of 1883. As to closing of butcher shops on Sunday, see Chapter 392, Laws of 1901. As to licensing of private detectives, see Chapter 422, Laws of 1898, as amended by Chapter 362, Laws of 1901. 342 Laws of the City of Cohoes. As to desecration, etc., of the flag of the United States, or of this state, see sub. 16, § 640, Penal Code. As to barber shops closing on Sunday, see § 1, Chapter 823, Laws of 1895. As to Sabbath breaking, declared a misdemeanor, see § 269, Penal Code. As to parades on Sunday, see §276, Penal Code. For the provisions of law relative to the keeping and storing of petroleum, see §§ 22-25, of the domestic commerce law (Chapter 376, Laws of 1896). For provisions relative to auctions and auctioneers, see Art. Ill, Id. For "Act to prevent the mutilation of shade or ornamental trees," see Chapter 215, Laws of 1875; as amended by Chapter 344, Laws of 1881. For prohibition against injury to bridges, etc., see § 639, Penal Code. In relation to licenses for retailing goods on boats, see § 8 of the general city law, infra. For prohibition against display of foreign flags on public buildings, see Chapter 36, Laws of 1895. For provisions relative to the adulteration, sale and weighing of hops, hay and straw, see Art. VII, domestic commerce law. As to keeping of disorderly houses, houses of ill-fame, etc., see § 322, Penal Code. CODE OF SANITARY ORDINANCES OF THE BOARD OF HEALTH OF THE CITY OF COHOES, Adopted by the Board of Health of the city of Date of and Cohoes, March 6th, 1895, by virtue and in pursuance of the authority and power conferred upon said board ^ by chapter six hundred and sixty-one, of the laws of eighteen hundred and ninety-three, entitled "An act in relation to the public health," constituting chapter twenty-five of the General Laws. Section 1. Whatever is dangerous to human life Acts detri- or health ; whatever building, or part or cellar thereof, 3? to . ? ' health is overcrowded or not provided with adequate means prohibited, of ingress and egress, or is not sufficiently supported, ventilated, sewered, drained, lighted or cleaned; and whatever renders soil, air, water or food impure or unwholesome, are declared to be nuisances and to be illegal ; and every person having aided in creating or contributing to the same, or who may support, con- tinue or retain any of them, or who shall omit to do any act or to take any precaution, reasonable and proper, to prevent or remove danger or detriment to the life or health of any human being, shall be deemed guilty of a violation of this ordinance, and shall also be liable for the expense of the abatement or remedy required. 343 344 Laws of the City of Cohoes. Privy-pits, § g N 0 privv-pit, cesspool or reservoir into which etc., to be so » " 1 A constructed an y p r i V y, water closet, stable, sink or other recepta- STsSf, cle of refuse or sewage is drained shall be constructed we iis, etc.' or ma i n tained in any situation or manner whereby, through leakage or overflow of its contents, it may cause pollution of the soil near or about habitations, or of any well, spring or other source of water used for drinking or culinary purposes ; nor shall the over- flow from any such reservoir or receptacle be per- mitted to discharge into any public place or in any- sametobe wise whereby danger to health may be caused. And cleaned, etc. pit? reservoir or receptacle shall be cleaned and the contents thereof removed at such times and under such precautions as the board of health may contents to prescribe. Contents of privies, when removed, must t b e e d d cin e r n e f - ec " be disinfected with the solution hereinafter directed. moval All carts and vessels used for such purposes must be water-tight and disinfected immediately with the fol- spiution for lowing solution: Six pounds copperas, four gallons disenfection water TMs amount to be used during the cleaning of an ordinary vault. Violation of any of the pro- visions of this ordinance shall subject the offending party to a penalty of five dollars for each day's con- tinuance of the nuisance after due notice to abate it from an authorized officer, sewers and r 3. All house sewers or drains for the conveyance drains, con- " -ini ri struction 0 f deleterious 0 r offensive matters shall be water-tight, prescribed. ^ . •in and the plans and methods of their construction shall be subject to the approval of the board of health. In streets or avenues where public or main sewers are or shall be constructed the owner or occupant, tenant or agent, of any building or premises adjacent to such street or avenue shall cause all house connections to be made with such sewer and shall construct, or cause to be constructed, a drain to connect each and every vault or privy in said building or upon said premises with said sewer, and such drain, soil-pipe, passage or connections shall be at all times adequate for this privies, con- struction of. Sanitary Ordinances. 345 purpose and such as shall freely convey and allow to pass whatever enters or should enter the same. § 4. Every person or persons who shall construct, vaults and or cause to be constructed, a vault or privy upon any ground which, from its location, subjacent position or otherwise, cannot have access, connection with or passage to some main drain or public sewer, shall cause said vault or privy to be made water-tight, to be built of brick or stone and cement, or of wooden planks not less than two inches in thickness. No vault or privy shall contain less than eighty or more than two hundred and sixteen cubic feet, nor be more than six feet in depth; nor shall any such vault or privy be nearer than thirty inches from any adjacent lot or premises, and every vault or privy shall be so constructed as to be conveniently approached, opened and cleaned. § 5. No owner, occupant, tenant or agent shall COn- Drains and struct, or cause to be constructed, any drain or sewer, Sing con " with main nor any part or portion thereof, to connect with anv sewer ?' con - 7 J struction of. mam dram or public sewer, except the same first mentioned drain or sewer be made of brick and cement, or of iron pipe or of vitrified pipe, and every such drain or sewer shall be oval or round in form, and such drain or sewer shall be so trapped and secured as to prevent the escape therefrom of any offensive odor and poisonous matter. § 6. No person or persons shall use, or permit to Watersim . be used, for drinking or culinary purposes, the water gSSSSta, from any well, spring or any other source which is be Suffer situated less than fifty feet from any vault, privy, et r c nking ' cesspool or other reservoir into which any water closet, sink or stable is drained, except such vault, privy, cesspool or reservoir be water-tight and kept in wholesome and proper condition. 346 Laws of the City of Cohoes. Refuse,etc, § 7. No house refuse, offal, garbage, dead animals, thrown into (j eca yi n g vegetable matter or organic waste substances wafers ° f aTl J km(1 SQa11 be tnr0WI1 U P 0Tl 0r ilX Street, road or public place, or the canals or Mohawk river, and no putrid or decaying animal or vegetable matter shall be kept in any house, cellar or adjoining out- building for more than twenty-four hours. Violation of any of the provisions of this ordinance shall subject the offending party to a penalty of twenty-five dollars for each offense. Hoiiowsnot 8 8 No sunken places shall be filled nor made land to be filled « 1 ... -. . withputre- constructed with anv materials containing an admix- scible mat- v ter ture of putrescible animal or vegetable matter, except by permission of this board, under a penalty of five dollars for each cartload, or part thereof, of such materials deposited. Erection of § 9. No person or company shall erect or maintain ries 1 !^ 0 ! 0 " any manufactory or place of business dangerous to t d o e heaith ta life or detrimental to health, or where unwholesome, regulated. . offensive or deleterious odors, gas, smoke, deposit or exhalations are generated without the permit of the board of health ; and all such establishments shall be kept clean and wholesome so as not to be offensive or prejudicial to public health ; nor shall any offensive or deleterious waste substance, gas-tar, sludge, refuse or injurious matter be allowed to accumulate upon the premises or be thrown or allowed to run into any public waters, stream, water course, street or public place. And every person or company conducting such manufactory or business shall use the best approved, and all reasonable, means to prevent the escape of smoke, gases and odors and to protect the health and safety of all operatives employed therein. Any violation of any of the provisions of this ordin- ance shall subject the offending party to a penalty of one hundred dollars for each offense. Sanitary Ordinances. 347 § 10. No meat, fish, bird, fruit or vegetables, milk unwhoie- v 7 o 7 some foods, or anything for human food or drink, not being then fresh or properly preserved, sound, wholesome and safe for such use; nor any flesh of any animal which died by disease, or which was at the time of its death in a sickly or unwholesome condition; nor the carcass or meat of any calf which was at the date of its death less than four weeks old, or of any lamb which was at the date of its death less than eight weeks old, or of any pig which was at the date of its death less than five weeks old shall be brought within the limits of this municipality nor offered or held for sale as food therein. No person shall have at any place where milk, butter or cheese is kept for sale, nor at any place offer or have for sale, nor shall any person bring or send to the said city of Cohoes any unwholesome, watered or adulterated milk, or milk known as swill milk, or milk from cows or other animals that for the most part lived in stables or that fed on swill, nor any butter or cheese made from any such milk, nor any unwholesome butter or cheese. Any violation of any of the provisions of this ordi- nance shall subject the offending party to a penalty of twenty-five dollars and to the seizure and destruction of such unsound, unwholesome or immature food sub- ances. § 11. No person or persons, without the consent slaughter of the Board of Health, shall build or use anysiTSer- slaughter house within the limits of this municipality, ref ufa&d. and the keeping and slaughtering of all cattle, sheep and swine, and the preparation and keeping of all meat, fish, birds, or other animal food shall be in the manner best adapted to secure and continue their wholesomeness as food ; and every butcher or other person owning, leasing or occupying any place, room or building wherein any cattle, sheep or swine have been or are killed and dressed, and every person being the owner, lessee or occupant of any room or stable 348 Laws of the City of Cohoes. wherein any animals are kept, or of any market, public or private, shall cause such place, room, build- ing, stable or market, and their yards and appurte- nances, to be thoroughly cleansed and purified, and all offal, blood, fat, garbage, refuse and unwholesome and offensive matter to be removed therefrom at least once in every twenty -four hours after the use thereof for any of the purposes herein referred to, and shall also at all times keep all woodwork, save floors and counters, in any building, place or premises aforesaid, thoroughly painted or whitewashed ; and the floors of such building, place and premises shall be so con- structed as to prevent blood or foul liquids or wash- ings from settling in the earth beneath. No slaught- ering of cattle shall be permitted in the city of Cohoes Sales of fish, without a special permit from this board. No person onstreete,' 0 r persons engaged in the selling or keeping for sale etc., with- x oo _ -, ,11 -un p?oh P ibiSd' of an y fisn ' meat > birds, fowls or vegetables shall, without a permit from this board, expose the same upon any portion of any street or sidewalk or public place in the city of Cohoes. Any violation of any of the provisions of this ordinance shall subject the offending party to a penalty of five dollars for each day's continuance or repetition of the offense, infectious § 12. Every householder or head of family in a ^reported, house wherein any case of infectious disease may occur shall report the same to the board of health, or to the health officer, within twelve hours from the time of his or her first knowledge of the nature of such disease; and, until instructions are received from the said board or the health officer, shall not permit any clothing or other article which may have been exposed to infection to be removed from the house ; nor shall any occupant change his residence elsewhere without the consent of the said board or health officer. Every physician who may be called to attend a case of infectious disease shall, as soon as he discovers the nature thereof, make a written report Sanitary Ordinances. 349 specifying the name and residence of the patient, the nature of the disease and any other facts relating thereto which he may deem important to the public health, and affix the date and sign his name thereto ; and he shall transmit the same to the board of health within twelve hours as above provided. The diseases to be thus promptly reported are : Asiatic cholera, yellow fever, typhus and typhoid fevers, small -pox, scarlet fever, measles, diphtheria and membraneous croup. Any violation of any of the provisions of this ordinance shall subject the offending party to a penalty of ten dollars. § 13. No person or article liable to propagate a propa ga - dangerous diseases shall be brought within the limit dangerous of this municipality unless by the special permit and prohibited, direction of the board of health; and anyone having knowledge that such person or article has been brought within such limits shall immediately notify the said board thereof. Any violation of any of the provisions of this ordinance shall subject the offending party to a penalty of twenty-five dollars. § 14. No person shall, within the limits of this Removal of • • t , _ _ persons,etc. municipality, unless by permit of the board of health, affected 7 with conta- carry or remove from one building to another any |g^ c " person affected with any contagious or infectious dis- prohibit ^ d ease. Nor shall any person, by any exposure of any individual so affected, or of the body of such individ- ual, or of any article capable of conveying contagion or infection, or by any negligent act connected with the care or custody thereof, or by a needless exposure of himself or herself, cause or contribute to the spread of disease from any such individual or dead body. No conductor on a railroad, or any stage or street car Railroads, driver or conductor, or any other person or persons 5?" o? a to s ' -, "' r bring into wno may transport passengers, nor any captain, com- £ty, wWi- mander or conductor of any canal or steamboat, or JX^eT any other water craft, shall bring within the limits of 350 Laws of the City of Cohoes. the city of Cohoes, or permit to be landed, any per- son or persons afflicted with any contagions, malig- nant or infectious disease without having first obtained the permission of the health officer of this board so to do. public fun- § 15. There shall not be a public or church funeral persons of any person who has died of Asiatic cholera, small - withconta- -pox, typhus or typhoid fevers, diphtheria, membran- gioUS dis- bidden 01 "" eous crou P> scarlet fever or measles, without the per- mission of the board of health or health officer therefor ; and the family of the diseased shall, in all such cases, limit the attendance to as few as possible and take all precautions possible to prevent the exposure of other persons to contagion or infection. Any violation of any of the provisions of this ordi- nance shall subject the offending party to a penalty of fifty dollars. Household- § 16. Every householder, parent, guardian or friend s e ;rre e n C der to of any person afflicted with a malignant, contagious thtse afflict- or infectious disease shall, upon demand made by contagious this board, yield, relinquish and resign to this board discuses or its appointed agents the body and all care, pro- tection and guardianship of and over said deceased person ; and a like relinquishment shall be made of any thing or article affected with or exposed to any contagious disease. Animals § 17. No animal affected with an infectious or con- with such tagious disease shall be brought or kept within the diseases not ° , . . . , . , , ■, ■ i • to be limits of this municipalitv except by the permission brought x * , within city. 0 f t h e board of health; and the bodies ol animals, fuchan^ dead of such disease or killed on account thereof, SS regu " shall not be buried within five hundred feet of any residence, nor disposed of otherwise than as the said board or its health officer shall direct. Any viola- tion of any of the provisions of this ordinance shall subject the offending party to a penalty of twenty- five dollars. Sanitary Ordinances. 351 § 18. It shall be the duty of the groom, in every Marriages r " . . to be re- marriage, or the clergyman or magistrate performing "ggj 1 b y the ceremony, to make sure that the prescribed report of such marriage is presented to the board of health or its registering officer within thirty days, under a penalty of five dollars for failure to do so ; and for each ten days of continued neglect to present such report, after the expiration of the first thirty days, an additional penalty of five dollars shall be incurred. § 19. It shall be the duty of the physician or mid- Physicians, " etc., attend wife in attendance at every birth to write out and in e l ° r t *> . port births. sign, upon the form prescribed by the State board of health, the certificate of such birth, and make sure that said certificate is returned to the local board of health, or person designated by it to receive it, within thirty days of such birth. Any violation of the pro- visions of this ordinance shall subject the offending party to a penalty of five dollars. § 20. Every undertaker or other person who mayundertak- have charge of the funeral of any dead person shall cure and procure a properly filled-out certificate of the death tificates of and its probable cause, in accordance with the form and obtain burial prescribed by the State board of health, and shall P ermits - present the same to the designated officer or member of the local board of health, and obtain a burial or transit permit thereupon, at least twenty-four hours before the time appointed for such funeral ; and he shall not remove any dead body until such burial or transit permit shall have been procured. Any viola- tion of any of the provisions of this ordinance shall subject the offending party to a penalty of five dollars. § 21. It shall be the duty of the physician last in Physicians attendance upon any person who may die within the tomaSnd i - « n -a . ■ „ " leave with limits of the jurisdiction of this board of health to £™^ e ° d f write out and sign without delay, upon the form pre- ofdeath 68 scribed by the State board of health, the professional certificate of the death and send it or leave it with 352 Laws of the City of Cohoes. the family of the deceased, or hand or send it to the undertaker in charge of the remains. In case an inquest has been required by law and no physician has been in attendance, the certificate shall be filled out, setting forth the probable or believed cause of death, by some reputable person known to the officer issuing the burial or transit burial permit, and the said person shall also make affidavit to the facts set forth in the certificate, which affidavit must be attached to said certificate. Any violation of the provisions of this ordinance shall subject the offend- ing party to a penalty of five dollars. sextons, § 22. Every person who acts as a sexton, or under- klepeSfetc. taker, or cemetery keeper, within the limits of this reiSn to" municipality, or has the charge or care of any tomb, public * ^ 7 _ . health. vault, burying ground or other place for the reception of the dead, or where the bodies of any human beings are deposited, shall so conduct his business and so care for any such place above named as to avoid detri- ment or danger to public health ; and every person undertaking preparations for the burial of a body dead from contagious or infectious disease as herein- before enumerated shall adopt such precautions as the board of health may prescribe to prevent the spread of such disease. Any violation of any of the provis- ions shall subject the offending party to a penalty of twenty-five dollars. Duty of § 23- The health officer is directed and empowered c¥to}n-' to execute and enforce all sanitary regulations of i f ations, eg e "c. general obligation now or hereafter to be published by this board ; also to enter upon or within any prem- ises where conditions dangerous to the public health are known or believed to exist, and to examine into the nature of complaints made by any of the inhab- Heaithoffi-itants concerning sources of danger or injury to ser r ve°r p e r c e : health; and he shall preserve accurate records of his ac£ ofhis official actions and report the same to the board of Sanitary Ordinances. 353 health at its next meeting. And whenever in his Tono ^y judgments danger to public health shall arise requir- ^if^° ing special regulation not of general application, h e ^- shall forthwith notify the president of the board of health, who shall thereupon convene the board to take such action as may be necessary and proper. § 24. The word -cattle" when occurring in any Definition, section or phrase of these ordinances shall be held to include all animals except birds, fowl and fish, of which the body or any part thereof is used for food The word -butcher" shall be held to include whoever is engaged in the business of keeping, driving or slaughtering any cattle or in selling any meat. When- ever and wherever, in any section or phrase of these ordinances there shall occur the words "street" or -streets," -public place" or - public places," -ashes," -rubbish," -garbage" or - dirt," the the same shall be held to mean and shall be' inter- preted as follows: -Street" or -streets" shall be held to include avenues, sidewalks, gutters, lanes and alleys to which the public have access ; -public place" or -public places" shall be held to include parks, piers, docks, wharves and water and open spaces thereto adjacent, and also public yards, grounds and areas, and all open spaces between buildings and streets and in view of such streets; -ashes" shall be held to include cinders, coal, dump from cupolas and everything that usually remains after tires ; -rubbish" shall be held to include all the loose and decayed materials and dirt-like substances that attend use or decay, or which accumulates from building, storing and cleaning; "garbage" shall be held to include every accumulation of both animal and vegetable matter, liquid or otherwise, that attends the prepara- tion, decay, dealing in, or storage of, meats, fish fowls, birds or vegetables; and the word -dirt" shall be held to mean natural soil, earth and stone. 354 Laws of the City or Cohoes. punishment § 25. Every person who wilfully violates or refuses for viola- tion of or- dinances : - to comply with, or who resists any ordinance, order, regulation or resolution ol the board of health of this' municipality shall be liable to the arrest, action, penalty, fine and punishment provided and declared in the Public Health Law, Chapter 25 of the General Laws, 1893, of which notice must be taken; but such penalty or fine shall not exceed in any instance the amount specified, if any, in this ordinance. privies § 26. No owner, lessee, occupant or agent of any ^'etcT building or premises shall maintain within the city r e et^f dLs an y privy, privy vault or cesspool made or built in the dow^p'o- ear th within twenty-five feet of any door or window of any residence upon such premises, or any resi- dence upon the adjoining premises, and such mainte- nance of any privy, privy vault or cesspool is hereby declared to be a nuisance and conditioned detrimental Removaiof to nf e and health. And any or all privies, privy Shg w vaults and cesspools existing within the city shall be removed or filled up by the owner, lessee, occupant, agent or other person having charge or control of the premises on which they exist, whenever the same be- comes a nuisance and condition detrimental to life and health, by rendering the soil, air or water impure, injurious, unwholesome, or they constitute a condition Future of any ^faft detrimental to life and health. But no erection ot, «/ • on streets person s h al ] hereafter erect or construct any privy, helving scw~ \^ ^ -j j -l p/ohibited. privy vault or cesspool made or built m the eartn upon any lot or parcel of ground within the city, adjoining any street or alley where a public or main sewer exists, with which connections can be made by means of any drain pipes laid in or from any such lot or piece of ground. Violation of any of the provi- sions of this order and regulation will subject the offending party to a penalty of fifty dollars for each offense. Sanitary Ordinances. 355 All ordinances, orders, regulations or resolutions or parts thereof inconsistent with and repugnant to this order and regulation are hereby repealed. § 27. No water closet shall be placed or maintained ventilation required in in an nnventilated room or compartment. In every ™ ater clos - case the room or compartment must open to the outer air or be ventilated by means of a shaft or air-duct, which shaft must not also be used to ventilate habita- ble rooms. This ventilating shaft must have an area of not less than one and a half square feet in cross section. In tenement houses not less than one water closet water must be provided for each two families. All Water number in closets within the house must be supplied with tenement& water from special tanks or cisterns, the water of which is not used for any other purpose. Violations of any provisions of this order and regulation will subject the offending party to a penalty of twenty- live dollars for each offense. § 28. Every person who violates, refuses or omits Penalty for to comply with, or who resists, any ordinance, order, SdkSSe? regulation or resolution of the board of health of this ^'^Siy ... prescribed. city, where no other penalty is prescribed, shall be liable to a penalty of twenty-five dollars. (The last three sections adopted August 7, 1895, and published in The Cohoes Republican, August 15, 1895.) § 29. Each and every owner, tenant, lessee and Separate « t -i boxes, bar- OCCUpant ot each and every building used or occupied f r o r s ' a shes as a place of residence or as a place of business, or any £ilkFre- part thereof, in the city of Cohoes, must forthwith f^rbage provide and cause to be provided and at all times here- after must keep and cause to be kept and provided sepa- rate suitable, proper and sufficient boxes, barrels or tubs for all ashes and rubbish of whatsoever kind, and also and in addition thereto must provide and cause to be 356 Laws of the City of Cohoes. provided and at all times hereafter must keep and cause to be kept and provided separate suitable proper and sufficient metallic receptacle with cover for all garbage, refuse, vegetable, animal matter and liquid substances of whatsoever kind. No such owner, tenant, lessee or occupant of any such building shall hereafter place in or cause to be placed in or permit or retain in the same box, barrel or tub, any ashes or rubbish of any kind whatsoever with any garbage, refuse, vegetable or animal matter or liquid substances of any kind whatsoever. penalty for Violation of any of the provisions of this order and violations. regulation win sub j ect the offending party to a pen- alty of five dollars for each offense. Repeal. All ordinances, orders or resolutions or parts there- of inconsistent with and repugnant to this order and regulation are hereby repealed. Publication And be it further resolved that this order and regu- lation be published once in The Cohoes Republican. (Adopted May 17, 1899, and published in The Co- hoes Republican, June 7, 1899.) RULES, ORDERS AND REGULATIONS OF THE BOARD OF POLICE COMMISSIONERS OF THE CITY OF COHOES.* KTJLES AND OEDERS. Rule 1. Upon the appearance of a quorum, the president, or in his absence, any member of the board, will call the meeting to order, and, if the president be absent, a president pro tern, shall be appointed for that meeting, or until the appearance of the president. In the absence of the secretary, a secretary pro tern, may be appointed. II. After the reading and approving of the minutes of the last meeting, the order of business, which shall not be departed from, except by the consent of a majority of the board, shall be as follows : 1st. Papers, reports, and other matters in the hands of the president ; 2d. Papers, reports, etc., in the hands of other members of the board ; 3d. Reports from the executive departments ; 4th. Unfinished business ; 5th. Special orders of the day. *Note. — No new or revised rules governing the procedure of the common council have been lately adopted ; and the original rules have been amended in particulars and instances so numerous, that it was not deemed advisable,by the compiler,to include such rules, in their present shape, in this compilation, nor, by the members of the common council, to adopt any revision thereof until the next re-organization of that body upon the taking of office by the newly elected members. Proposed new rules and regulations of the board of education are included in the manual of that board now in course of preparation, by the superintendent of schools, 357 Laws of the City of Cohoes. III. Whenever the president may wish to leave the chair, he shall have power to substitute a member in his place, provided that the substitution shall not continue beyond the day on which it is made. IV. The president, in all cases has the right of vot- ing, and when the board shall be equally divided, including his vote, the question shall be lost. V. The president shall preserve order and decorum, and shall decide all questions of order, and of priority of business, except as hereinbefore specified, subject to an appeal to the board. VI. Selection of officers of the board shall be by ballot, and a majority of the whole number present shall be necessary to a choice. VII. All committees shall be appointed by the president unless otherwise ordered by the board. VIII. Committees shall report to the board the facts in relation to all subjects referred, with their written opinion thereon, and shall accompany their report by all papers relative to the matter. No report shall be received except the same be signed by a majority of the committee ; but nothing contained in this rule shall prevent a minority of any committee from submitting a report. No report shall be printed except by reso- lution of the board, specifying the number of copies. IX. Whenever the doors are directed to be closed, all persons, excepting the members, shall retire. But the board may invite other persons to remain. X. Every petition, remonstrance, or other written application, intended to be presented to the board, may be delivered to any member of the board, and the member to whom it shall be given shall examine the same, endorse thereon the name of the applicant or petitioner, and the substance of such application or petition and sign his name thereto, which endorsement Police Regulations. 359 only shall be read by the president, unless some mem- ber shall require the reading of the whole paper. XI. The president shall be, ex-officio, a member of all committees. RULES AND REGULATIONS. 1. The regular meetings of the board of police shall be held on the first and third Tuesdays of each month, at three o'clock, p. m. Such other meet- ings shall be held as the president of the board may direct, and the president shall call a special meeting at any time when requested to do so in a written communication signed by any two members of the board ; but all meetings of the board shall be in pri- vate, unless a majority of the commissioners shall otherwise direct. 2. The secretary shall record the proceedings of the board in a book kept for that purpose, and the ayes and noes shall be taken, and form part of the record of its proceedings on any question, if requested by any member of the board. 3. All appointments to office shall be signed by the president and countersigned by the secretary. Dis- missals from office shall be certified in like manner when necessary. 4. No expenditures shall be incurred in the name of the board, unless authorized by the same. 5. When applications are to be discussed, or evi- dence upon charges is to be considered, the board shall have private meetings ; but immediately there- after the result of such private meetings shall be entered upon the minutes of the board, and made public as the president of the board may direct or the board may order. 360 Laws of the City of Cohoes. 6. Applications for appointments shall be in writing, entirely written and signed by the party applying, and according to the rules and regulations of the board. Charges against any member of the police force must be in writing, and sworn or affirmed to. But this shall not apply to complaints or charges by any commissioner, who may charge simply in writing. All such charges must be filed with the secretary of the board. 7. When charges are filed, the secretary shall, with- out delay, notify the party, who may send to the secretary answers, to be by him filed. 8. The charges may be voted frivolous by a majori- ty of the board, upon being filed and exhibited to the board without any examination of evidence or trial. 9. The sentences of the board upon charges proved true, will be in writing, duly entered upon the minutes. 10. Upon trials, no witness shall be examined and cross-examined together, longer than one hour; nor shall counsel, if allowed, occupy more than one-half hour in summing up, without the unanimous vote of the members of the board present. Objections to testimony shall be briefly stated, and submitted with- out argument. 11. The president of the board shall be the auditor, and it shall be his duty to examine into the correct- ness of all accounts of every nature and description, which have been or are about to be paid. 12. Members of the force shall report their place of residence to the captain, with such particularity as to enable such residence to be easily found ; and also to report all changes of residence, with the same degree of particularity. WATER RATES, RULES *P REGULATIONS OF THE BOARD OF WATER COMMISSIONERS OF THE CITY OF COHOES. WATER RATES, All dwellings and buildings to be charged at five dollars each, one story high, and fifty cents for each additional story or part of a story, said house or building to contain one family only. Two dollars and fifty cents will be charged for each additional family or tenant on the premises, and no lot shall be estimated at less than twenty feet front ; permits for larger supply pipes to be charged in the same propor- tion for one-half inch pipes as a basis of charges. Water drawn through meters shall be charged six cents for one hundred cubic feet, except when special rates are made by the board. All knitting mills shall be charged fifteen dollars per set of forty inch cards, said mills to be allowed to use eighteen thousand cubic feet per set per annum, and all water used in excess of eighteen thousand cubic feet per set to be charged at meter rates. 361 362 Laws of the City of Cohoes. All cotton mills shall be charged twelve dollars per one thousand spindles, said mills to be allowed four- teen thousand five hundred cubic feet per annum for each one thousand spindles, and all water used in excess of fourteen thousand five hundred cubic feet per each one thousand spindles to be charged at meter rates. The above rates for both knitting and cotton mills to cover and include all charges for boilers, water closets and fire risks and all ordinary use of water about said mills. Machine shops fifty dollars and rolling mills ten dollars for each fire ; each bobbin factory ten dollars ; sash and blind factory twenty-five dollars; porter houses, restaurants, liquor stores, and grocery stores selling liquors, ten dollars each in addition to above rates ; all stores three dollars each, and soap factories twenty-five dollars each. Livery stables, per stall - $ 4 00 Livery stables, by meter per 100 cubic feet 08 Private stables, each stall - - - 2 00 Hotel stables, each stall - - 1 00 Bakeries, using one barrel or over, per day - 10 00 Pavement or garden hose, not over three hours per day, per year, - - 3 00 Bath tubs, private - - - 2 00 Bath tubs, public - 5 00 Water closets, private 3 00 Water closets, public - - 5 00 Urinals - - - - - 2 00 Fountains, 1-16 inch jet, $7.00 ; 1-8 inch jet 28 00 Over 1-8 inch to be fixed by special permission. D. & H. railroad depot - 100 00 New York Central depot 35 00 Meat markets - . - 5 00 Fish markets - - 6 00 Printing offices 10 00 Rules, etc., of Water Board. 363 Iron forges and axe factories, each fire 1 00 Blacksmith shops - 3 00 Breweries and distilleries by meters. New gas works - 125 00 Post-office 10 00 Buildings used for offices, each room 2 00 Steam boilers, not exceeding five horse power 4 00 44 44 over 5, not exceeding 10 horse power 6 00 u << u io, 4f " 15 44 8 00 44 44 44 15, 44 4 4 20 44 10 00 44 " 44 20, 4 4 4 4 25 15 00 4 4 4 4 25, 4 4 4 4 30 20 00 For every dye or coloring tub 10 00 Laundries by meter. Water used in brick yards 30 00 Vacant lots 50 Paper box factories 10 00 Johnston foundry 50 00 Billiard rooms 10 00 Photograph galleries, each - 10 00 Banks - - 3 00 State yard - - • -. 50 00 Needle shops and pin factories, each 10 00 All water motors at meter rates. Water motors used for running fans, meters not attached, each fan 2 00 \J\J Saloons, including water fixtures 12 00 Saloons, without water fixtures 10 00 Soda fountains 2 00 Work shops 3 00 Amusement and theatrical halls - 10 00 Society halls - . 3 00 The use of water in scouring goods and washing wool in mills is hereby prohibited, except in those mills that have water meters attached to their pipes, and such other special cases as may be deemed advisa- ble by the board of commissioners, on special appli- cation to the board. Laws of the City of Cohoes. All public or other uses for which the water may be wanted and for which no water rate is provided by these regulations, can be had on special application in writing to the board of water commissioners, specifying the use for which the same is wanted. Lands not marked out or of larger dimensions than common dwelling lots, each 25 feet front to be esti- mated and deemed as one lot. RULES AISTD REGULATIONS. 1. No other person but the superintendent of the water works, or person employed by the water com- missioners or employed by the said superintendent, will be permitted to tap or make any connections with the main or distribution pipes ; and every person who shall tap or make any connection with the said water pipes, without being so authorized or employed, shall be liable to a penalty of ten dollars. 2. For the granting of a permit to connect the ser- vice or supply pipe, there must be paid a sufficient sum to pay the expense of the pipe and all fixtures connected therewith, and laying the same from the main in the street ; and the persons so using the water must keep their own service pipes, stop cocks or other apparatus connected therewith in good repair, and protected from frost, and shall prevent all unneces- sary waste of water. 3. Owners or occupants of buildings, wishing to introduce water into their buildings, may employ any plumber, or other competent person, to perform the work, who shall have permission from said water commissioners so to do. 4. No alteration will be allowed to be made in any pipe or fixtures, unless made under the direction of the superintendent of the water works; and every Rules, etc., of Water Boakd. 365 person violating this regulation shall be liable to a penalty of ten dollars, and to have the supply of water shut off until such alteration be corrected or made conformable to the directions of the superin- tendent. 5. All damages caused by the neglect of the owners of buildings to keep the connecting or supply pipes, and other fixtures connected therewith, in good order, must by law, be paid for by them. 6. The superintendent of the water works, or the water commissioners, or either of them, and persons employed by said commissioners, for the purpose, shall, at all reasonable hours, have free access to buildings supplied with water, to examine the pipes and fixtures, and to ascertain whether there is any unnecessary waste of water, and every person obstruct- ing or preventing or obstructing such access shall be liable to a penalty of ten dollars ; and if such preven- tion or obstruction be caused by the occupant or owner of the building, or with his assent,- the superin- tendent may shut off the supply of water to such building. 7. Occupants of buildings assessed for annual water rents shall be allowed to use in and about their buildings for ordinary use, one hundred and fifty gal- lons of w^ater daily, and not exceeding that quantity without special permit. 8. Where there is any obstruction made to the superintendent or to the commissioners, or other per- sons provided in § 6 above, obtaining access to any building, or where there is unnecessary waste of water, or more water is used in any building than is allowed by these regulations, without a permit there- for, the occupants of the building shall be liable to a penalty of from $2 to $50, to be fixed by the com- missioners; and the superintendent, in his discretion, or on the direction of the commissioners, is authorized to shut off the supply of water. 366 Laws of the City of Cohoes. 9. No hydrant or street washer will be allowed to connect with any service or supply pipe in any street or on any sidewalk, except by written permission from the commissioners. 10. Whenever the superintendent shuts off the supply of water pursuant to these regulations, he may restore the same, upon the offender conforming to his directions in the matter and paying all expenses incur- red. When any person shall feel aggrieved by the shutting off of the water, or for any other cause con- nected therewith he may appeal to the water commis- sioners, who shall finally determine the matter. 11. The commissioners shall reserve the right to change the rates of the rents, for the use of water, from year to year ; also the right to restrict or stop the use of the water in such cases as may be deemed necessary by the commissioners. 12. Persons introducing the water in their premises, must so open the trenches for the pipe and deposit the earth taken therefrom, as will occasion the least pub- lic inconvenience, and must restore the paving, flag- ging and earth to as good a condition as before such excavation, and must also be liable for all damages resulting therefrom. 13. All rents payable semi-annually, on the first day of May and November in each year. 14. Every person whose premises shall be supplied with water, shall prohibit other persons from procur- ing water from such premises, for ordinary supply, under a penalty of one dollar with the cost of prose- cution, for each day's offence, unless a written permit from the superintendent, or from water commissioners shall have been given authorizing the same ; and any person using water for ordinary purposes, from any premises thus supplied, other than those entited to draw or use it under the regulations of this board, shall forfeit and pay a penalty of one dollar for each offence, and cost of prosecution. RULES AND REGULATIONS OF THE Board of Fire Commissioners OF THE CITY OF COHOES, FIRE LIMITS AND ALARM BOXES. RULES. Regular meetings of the board of fire commissioners shall be held on the first Thursday in each month at 8 o'clock P. M. Special meetings shall be called by the president or upon the written application of three members. OFFICERS, EMPLOYEES AND MEMBERS. THE CHIEF ENGINEER, 1. The chief engineer shall have the sole and entire command at fires and alarms of fires, over all members and employees of the fire department, and all the apparatus and appurtenances belonging to the same including the fire alarm telegraph ; and shall direct all measures he may deem proper for the extinguishment of fires, protection of property, preservation of order and observance of the laws, ordinances and regulations respecting fires. It shall be the duty of said chief engineer to examine the condition of the engines, hose carriages and all other appurtenances, including the fire alarm telegraph, 367 368 Laws of the City or Cohoes. belonging to the fire department and used for the extinguishment of fires, as often as circumstances may render it expedient, and cause them to be kept in good order, properly cleaned and ready for use, and when he shall consider it necessary that repairs ' shall be made, he shall report the same to the board or to the chairman of the proper committee. He shall cause all repairs and other work on account of the fire de- partment to be done, as far as practicable by the employees thereof. If from any cause it shall become necessary to procure and order any supplies or repairs when the board is not in session, and the expense of which at any one time, shall not exceed twenty-five dollars, the chief engineer shall have power to procure the same. In case the supplies or repairs shall exceed twenty-five dollars then the chief engineer shall only secure such supplies or repairs after consultation with the chairman of the respective committees and upon their order. / He shall have power to suspend employ - rWior"o!isobedience of orders, or for delinquency in the performance of their duties ; such suspension to continue in force until the offending party or parties j shall have been reported to the board and their cases have been passed upon by the board at their next regular meeting, and the chief engineer shall have power to fill vacancies until the next regular meeting |_^ofjbh^boar^ 2. After every fire he shall prepare a report to the board of commissioners, setting forth the location of the fire ; the time of its occurence ; the names of the occupants of the buildings and the owners of the property destroyed ; the loss and insurance, the origin of the fire, and such other information as may be valuable or interesting as a matter of record. 3. It shall be the duty of the chief engineer to re- port to the board of commissioners, volunteer com- panies, officers, members or employees, if any there Rules, etc., Fire Commissioners. 369 may be, delinquent in the performance of the duties assigned them. 4. The chief shall, from time to time, report such rules for the government of the employees as he may deem necessary, subject to the approval of the board of commissioners. FIRE MARSHAL. 5. The chief engineer shall be fire marshal of said city. The said fire marshal shall have power and it shall be his duty as often as once in every six months, to visit, enter and inspect the several dwell- ings, buildings and outhouses in the city, at reasonable hours of the day, to ascertain wdiether such buildings, dwellings and outhouses are safe from danger or fire, and whether the roofs thereof are provided with suffi- cient scuttles, and with proper stairs or ladders leading thereto; and if found to be unsafe or without scuttles and ladders, it shall be the duty of said fire marshal to notify, in writing, the owners or occupants of such dwellings, buildings or outhouses of any defect and danger; and immediately after such notification it shall be the duty of the owners or occupants of such dwellings, buildings or outhouses to repair the same in such manner as to remove the defect complained of. Any person refusing to allow such fire marshal to enter or inspect any such dwelling, building or out- house in the manner aforesaid, or refusing or neglect- ing to make such repairs after notice given as afore- said, shall for each and every offense forfeit and pay to the city of Cohoes a penalty of fifty dollars, to be recovered with costs in any court having jurisdiction, in an action brought in the name of the city of Cohoes. It shall also be the duty of said fire marshal to report any and all violations of the provisions of this and the fifteenth section of this title, to the city attorney, who shall immediately prosecute the offenders in any court having jurisdiction. 370 Laws of the City of Cohoes. THE ASSISTANT ENGINEERS. 6. There shall be two assistant engineers. The assistant engineers shall attend all fires and alarms, shall assist the chief and shall . assume command according to their respective districts. 7. Any officer, employee or member appearing on duty intoxicated shall be suspended and may be rep- rimanded, fined or be dismissed from the service of the department, as the board of fire commissioners may determine; and any person so dismissed shall not, under any circumstances, have his case reopened or again become a member of the department. 8. Any officer, employee or member of the depart- ment, resigning, dismissed or while under suspension, shall forthwith return all department property to headquarters. 9. No employee or member of the department shall, while on duty or in uniform, be permitted to enter any place where liquors are sold. 10. Disorderly conduct or disobedience of orders shall be punishable by dismissal from the depart- ment, or otherwise, at the discretion of the commis- sioners. RIDING ON THE APPARATUS. 11. On steamers, in addition to the driver, the num- ber allowed will not exceed three men on the ash-pan. On hose-reels and hose wagons, in addition to the driver, the number allowed will not exceed eight with team and four with single horse beside the driver. On hook and ladder trucks, in addition to the driver and tillerman, the number allowed will not exceed eight. None but members of the department shall be allowed to ride on the apparatus, and on rising ground and bad going they shall be required to dismount. The foreman of companies, drivers and engineers of apparatus are especially charged to see that this rule is strictly observed. Rules, etc., Fire Commissioners, smoking about the stables. 12. Smoking in or about the stables is positively prohibited. Drivers will see that this rule is strictly observed. HOUSES TO BE CLOSED ON SUNDAY. 13. The steamer and truck houses shall be closed on Sunday, and it is made the duty of foremen of companies and engineers of steamers, to see that order and quiet are preserved. 14. All employees shall take their share of the watch and perform such other duties as the chief engineer may direct. 15. When it shall be brought to the attention of the board of fire commissioners that any employee refuses to pay his debts, the board may investigate and take such action as the case may seem to demand. DUTIES OF CALL MEMBERS. 16. The call members of the department shall, upon a. fire alarm being sounded proceed promptly to the fire. They shall remain on duty until relieved by orders to return, when they shall repair to headquar- ters when they shall be dismissed by the chief engi- neer. They shall obey all orders of the chief engineer or the assistant engineers, and the foremen of compa- nies, and not absent themselves without permission. They shall conduct themselves in an orderly manner, and in performing any duty shall observe the rules and regulations of the department and the laws and ordinances of the city. ALARMS FOR FIRES — FIRST ALARM. 17. All companies designated to box sounded will respond at once. All other companies will report at their respective houses for duty and stay fifteen min- utes. Should another alarm be sounded they shall respond at once whether the box is in their district or not. Laws of the City of Cohoes. STEAMER CALL. 18. Call lor another steamer shall be 9 strokes on fire alarm bells and gongs, viz. : 3-3-3. GENERAL ALARMS. 19. Will consist of 18 strokes, viz: 6-6-6 upon fire alarm bells and gongs, and upon receipt of this signal all companies will immediately respond. 20. After each fire is extinguished one tap will be sounded upon fire alarm bells and gongs. 21. All companies will see that indicators are re- stored to blank spaces by carefully pulling down the lever immediately after each alarm is finished. 22. At 8 p. M. of each day two taps will sound on fire alarm bells and gongs for practice of horses and employees. DIRECTIONS TO THOSE HOLDING SIGNAL KEYS. 23. If a fire is discovered in your immediate vicinity, go to the nearest box, pull the lever all the way down once, and let it go, and ii yon hear no tap in the box when the door is open, or alarm from the bells, go to the next nearest box and pull the lever as before. 24. If convenient, wait at the box and direct the firemen to the fire, and never attempt to take the key out of the box after opening the door. Rules, etc., Fire Commissioners. 373 FIRE LIMITS as adopted by the board of flre commissioners, August 6, 1896. Starting at a point in the center of the Erie canal" where the center line of Church street extended would intersect the same ; thence easterly in a direct line with the center of Church street to a point that would intersect the eastern boundary of the city ; thence along said eastern boundary line to a point where the same would intersect the center line of the Champlain canal extended northerly ; thence southerly along said line of the center line of the Champlain canal extended north, and the center of the Champlain canal to a point where the north boundary line of the fourth ward crosses said canal ; thence Avesterly along said north boundary line of the fourth ward and the center line of Columbia street, to center of Lancaster street ; thence northerly along center of Lancaster street to the center of White street ; thence west along the center of White street to center of Erie canal ; thence northerly along center of Erie canal to center of High street ; thence westerly along center of High street to New York Central railroad company's track ; thence northerly and westerly along said track line to a point where the center line of Morris street extended west would intersect said track line ; thence easterly in a direct line with the center of Morris street to the center of Erie canal; thence northerly along the center of Erie canal to place of beginning. 374 Laws of the City of Cohoes. FIRE ALARM BOXES. No. 21. Mohawk and Remsen streets. ' 23. Mohawk and Yliet streets. 24. Mohawk and School streets. 25. Mohawk street and Manor avenue. 26. Reservoir and Division streets. 27. Vliet and Garner streets. 31. Yliet and Eagle streets. 32. Summit street and Johnston avenue. 34. Vliet and Willow streets. 35. Factory and Remsen streets. 36. Olmstead and YanVechten streets. 37. Elm and Bowery streets. 41. Bowery and Columbia streets. 42. Chestnut street and Younglove avenue. 43. Oriskany and White streets. 44. N. Y. C. depot. 45. Howard and Remsen streets. 46. Ontario and Remsen streets. 51. Mohawk and Columbia streets. 52. Newark and Remsen streets. 53. Congress and George streets. 54. Central ave. and Alexander streets. 56. Spring and Saratoga streets. 61. Opposite 510 Sonth Saratoga street. 62. Columbia and Lancaster streets. 63. Saratoga and Ontario streets. 64. Park and Jackson avenues. 65. Bridge avenue and Third street. RULES AND REGULATIONS OF THE BOARD OF HEALTH OF THE CITY OF COHOES, MEETINGS, 1. The regular meetings of this board shall be held first Wednesday of each month at 8 o'clock p. m., unless otherwise ordered. A majority of the board shall constitute a quorum. SPECIAL MEETINGS. 2. Special meetings of the board may be called by the president, or, in his absence, by the chairman pro tern, upon the written request of three members of the board. Notice shall be sent to each member of the board to attend such meetings, and a written or printed notice mailed twenty-four hours before the hour stated for such special meetings shall be deemed a proper and sufficient notice. Such notice shall state the special business to be brought before the board ; but at such special meetings no ordinance or regula- tion shall be made, repealed or changed ; no officer, clerk or agent shall be dismissed, employed, or have his term extended, or his compensation diminished or increased. 375 Laws of the City of Cohoes. ELECTION AND APPOINTMENTS. 3. No appointment or election shall be made of any agent or officer other than president of the board until after a report upon the same from an appro- priate committee, except upon and by the concurring vote of at least four members of the board. APPOINTMENTS. 4. No appointment, or transfer or dismissal of any clerk, secretary or subordinate shall be made except by the board. OFFICERS TO TAKE OATHS. 5. All officers appointed by the board shall take the constitutional oath of office. ORDER OF BUSINESS. 6. The following shall be the order of business at meetings of the board, unless otherwise ordered: 1. Reading of minutes. 2. Reports from standing committees. 3. Reports from special committees. 4. Communications from health officer. 5. Communications of importance. 6. Resolutions and orders. 7. Unfinished business. 8. New business. RESOLUTIONS. 7. All resolutions shall be submitted to the board in writing. COMMITTEES. 8. The standing committees shall be as follows : 1. Sanitary committee. 2. Finance committee. 3. Committee on law and ordinances. 4. Committee on inspection. 5. Committee on supplies. Rules, etc., Health Board. 377 To the sanitary committee shall be referred all questions pertaining to public health and all subjects requiring medical knowledge. To the finance committee shall be referred all ques- tions in respect to expenses and salaries, and the com- mittee shall audit all bills referred to them. They shall make reports at the first regular meeting of each month the balance of moneys to the credit of the board. To the committee on law and ordinances shall be referred all matters and subjects of law and ordinance. It shall be the duty of the committee on inspection to oversee this department of the board, and from time to time report any changes they think would promote economy or efficiency in the working arrange- ments of the department. It shall also be the duty of said committee to report any case of remissness in the performance of his duty by any officer, clerk or subordinate of the board, or any case where they think his conduct has been such as to impair his usefulness. The committee on supplies shall take general charge of the purchase of the supplies for the board ; of the procuring of printing and all other expenditures not otherwise -provided for and authorized by the board. Their approval of requisitions and other expenditures shall be in writing. The committee shall not author- ize any liability or expenditure to exceed the amount of ten dollars without the previous vote of the board. They shall make a written report quarterly to the board of all supplies authorized or purchased, and of all expenditures authorized "by said committee, stat- ing the kind, amount, price, from whom obtained, and the items of said expenditures. APPOINTMENT OF COMMITTEES. 9. Standing and special committees shall (unless otherwise ordered by the board) be appointed by the 378 Laws of the City of Cohoes. president, and shall, with the exception of the com- mittee on inspection, each consist of three members. EXPENSES TO BE AUTHORIZED. 10. No expense shall be incurred by any officer or employee of this board without an order of the board (or the written approval of a majority of the commit- tee on supplies as provided for in rule 8), and until the same has been entered upon the books of the sec- retary. OFFICE HOURS. 11. The health officer and meat or other inspectors shall be considered as always on duty. HEARINGS AND COMPLAINTS. 12. Complaints concerning matters affecting public health or the safety of life must be made to the board in writing or by personal appearance before the board. All written communications must be signed by the party or parties making the complaint. This board will not consider itself under obligation to entertain complaints contained in anonymous communications. SUSPENSION OF ORDERS. 13. The president, or in his absence the chairman pro tern, of the board, shall have power to suspend the execution of any order, but the suspension of any order shall extend only to the next meeting of the board, when every suspension since the last meeting shall be by him reported to the board and entered on its minutes. No suspension shall be of any effect unless the same be in writing upon the order sus- pended, and a note of such suspension shall be entered at the same time upon the record of such order in the books of the board. DUTIES OF HEALTH OFFICER. 14. The health officer of this board shall have gen- eral superintendence over sanitary and such other matters as shall from time to time be assigned him Rules, etc., Health Board. 379 by this board. All complaints not requiring the immediate action of the board shall be referred to him for investigation, and he shall report upon the same to this board. He shall communicate to the board any facts coming to his knowledge showing any delinquency or omission in the discharge of duty on the part of any officer, employee or agent, subordinate to him, during the interim of the meeting of the board, and in all cases of emergency he shall act as his best judgment shall dictate, and report at the next meeting. DUTIES OF INSPECTORS. 15. Meat or other inspectors will be held to a strict accountability. They will be subject to the imme- diate control of the health officer, to whom they will report weekly, they will obey orders with jjromptness, and when necessary relinquish the de- mands of private business in order the better to observe the obligations imposed upon them by their office. Any gross delinquency on the part of in- spectors will justify the health officer in suspending them from duty until action is taken by the board, when the delinquent may be censured or dismissed. They shall make reports and the forms furnished them must be filled up legibly and minutely, and any information added that will throw light on the subject under investigation. They shall wear a badge of office, prominently displayed, when engaged in their official duties. Upon entering any house or premises they must announce their authority and the object of their visit, and, while endeavoring to avoid giving offense, must make their investigations with care and minuteness. When in the discharge of their duty they meet with resistance they are to report at once the fact to the health officer and await instruc- tions. It shall also be their duty to report all who violate health laws. 380 Laws of the City of Cohoes. RECORDS TO BE OPEN. 16. All books of complaints, orders, registration of vital statistics and records of law and ordinances shall be. open for public inspection daily during such hours as the board may determine. DUTIES OF SECRETARY. 17. The secretary shall be subordinate to the board and his duties shall be clerical. He shall keep the books of minutes in which are recorded the minutes and proceedings of the board, the books of orders and the books of complaints. He shall perform such other duties as the board may require of him. He shall report to and receive instructions from the board. BURIAL PERMITS. 18. Burial permits and all permits for the removal of the body of any deceased person from the city of Cohoes, and all permits of the disinterment of the remains of deceased persons in the city of Cohoes shall be granted and signed by the health officer. AMENDMENTS. 19. These regulations shall not be altered nor shall any of them be repealed, nor shall any new regulation be made, unless pursuant to a notice of a motion for a new regulation, or to alter or repeal, entered on the minutes of some prior regular meeting, or by a con- curring vote of at least five members of the board. RULES AND REGULATIONS TO GOVERN PLUMBERS AND PLUMBING IN THE CITY OF COHOES. Cohoes, N. Y., August 5, 1896. At a joint meeting of the board of health and the examining and supervising board of plumbers and plumbing, it was, by commissioner Bottum : Resolved, That the following rules and regulations for the registration of plumbers and relating to plans and specifications for plumbing and drainage in the city of Cohoes, be and they hereby are adopted by said joint boards by virtue and in pursuance of the authority and power conferred upon said joint boards by chapter six hundred and two of the laws of eigh- teen hundred and ninety-two, entitled, "An act to secure the registration of plumbers and the super- vision of plumbing and drainage in the cities and state of New York," as amended by chapter sixty -six of the laws of eighteen hundred and ninety-three. Rule 1. Every person desiring or intending to con- duct the trade, business or calling of a plumber or of plumbing in the city of Cohoes as employing or mas- ter plumber shall be required to submit to an exam- ination before such board of examiners as to his experience and qualifications in such trade, business 381 Laws of the City of Cohoes. or calling; and after the first day of January, eigh- teen hundred and ninety-fiVe, it shall not be lawful in said city for any person to conduct such trade, business or calling unless he shall have first obtained a certificate of competency from said board. PERSONAL REGISTRATION. Rule 2. After passing such examination he shall be required to appear in person at the office of the board of health and register his name and address with the clerk of said board. PLANS AND SPECIFICATIONS. Rule 3. The plumbing and drainage of all build- ings, public and private, shall be executed in accord- ance with plans and specifications previously approved in writing by the board of health ; and that suitable drawings and descriptions of the said plumbing and drainage shall in each case be submitted and placed on file in the health department. Blank abstracts of the specifications for plumbing and drainage will be furnished to architects and others upon application at the board of health office. As the law requires that the plumbing and drainage be executed according to a plan approved by the board of health, no part of the work shall be covered or concealed in any way until after it has been examined by an inspector of plumbing of the board of health, and notice must be sent to the board when thework is sufficiently advanced for such inspection. After a plan has been approved no alteration of the same shall be allowed , except on the written application of the owner. MATERIALS. Rule 4. All materials must be of good quality and free from defects ; the work must be executed in a thorough and workmanlike manner. PIPES AND TRAPS EXPOSED. Rule 5. The drain, soil and waste pipes and the traps must, if practicable, be exposed to view for Rules etc., Plumbers and Plumbing. 383 ready inspection at all times and for convenience in repairing. When necessarily placed within partitions or in recesses of walls, soil and waste pipes must be covered with wood work so fastened as to be readily removed. In no case shall they be absolutely inacces- sible unless by special permission of the board of health. WATER CLOSETS IN HOUSES. Rule 6. Water closets must never be placed in an unventilated room or compartment. In every case the compartment must open to the outer air or be ventilated by means of a shaft or air- duct, which shaft must not be used to ventilate habit- able rooms, unless the same be at least ten square feet in cross-section. This ventilating shaft must have an area of not less than one and a half square feet in cross-section, and it is recommended that the area of cross-section be at least three square feet. In tenement houses not less than one water closet must be provided for each two families. All tank water closets within the house must be supplied with water from special tanks or cisterns, the water of which is not used for any other purposes. separate sewer connections. Rule 7. Where there is a sewer in the street, every house or building must be separately and independ- ently connected with said sewer, unless, in special cases, exception is made by the board of health. house drains. Rule 8. The house drain must be of iron pipe of good material, with a fall of at least one-eighth inch to the foot toward the street sewer. It must be laid in a trench cut at uniform grade, provided with necessary hand-holes unless this is impossible, in which case it must be hung on the 384 Laws of the City of Cohoes. cellar wall or ceiling with iron hold-fasts, and be of cast iron, with joints well caulked with hemp and lead packing, to be made in one pouring of the metal. It must be laid in a straight line if possible. All changes in direction must be made with curved pipes, and all connections with Y-branch pipes. No house drain or house sewer shall be put in and covered until after it has been examined and approved by an inspector of this department. The iron house drain shall extend not less than five feet outside of foundation wall. TRAPS. Rule 9. A trap must be placed on the house drain near the cellar wall, and when placed outside of wall, must be in a man-hole where it will be readily access- ible. This trap must be furnished with a hand-hole for convenience in cleaning, the cover of which must be properly fitted and made gas and air tight. There must be an inlet for fresh air entering the dram just inside the trap of at least four inches in diameter, leading to the outer air and provided with a suitable ventilating cap. VENTILATORS. Rule. 10. No brick, sheet metal, galvanized iron, earthenware or chimney flue shall be used as a sewer ventilator, nor used to ventilate any trap, drain, soil or waste pipe. QUALITY AND SIZE OF PIPE. Rule. 11. Every soil pipe and main waste pipe must be of iron ; it must be extended at least two feet above the roof and above the coping, of undiminished size, with open end. It must not open near a window, nor an air-shaft which ventilates living rooms. The minimum diameter of soil pipe that will be permitted is four inches. A vertical waste pipe into Rules, etc., Plumbers and Plumbing. which a line of two or more sinks discharge must be at least two inches in diameter, with one inch and a half or inch and a quarter branches. Where lead pipe is used to connect fixtures with vertical soil or waste pipes, or to connect traps with vertical vent pipes, it must not be lighter than D pipe. All cast iron pipes must be sound, free from holes or cracks, and be of the grade known in commerce as extra heavy. The following weight per lineal foot for such extra heavy pipe will be accepted as standard. 2 inches. ..... ..... 5£ pounds. 3 " 9i 4 " .............. 13 5 " 17 " 6 " 20 7 " .27 8 " ............. 33* 10 " 45 " 12 " 54 " FITTINGS. Rule 12. All fittings used in connection with extra heavy cast iron pipes must correspond with it in every respect in weight and quality. MANNER OF PUTTING IN PIPE. Rule 13. Before they are connected they must be thoroughly coated inside and outside with coal-tar pitch, applied hot, or some other equivalent substance. The plumbing must be tested with the water and smoke test by the plumber in the presence of the plumbing inspector, and all defective joints made tight and other openings made impermeable to gases. De- fective pipe discovered must be removed and replaced by sound pipe. Stop-cocks shall be placed at the foot of the vertical soil or waste pipes for the conven- ience of the plumbing inspector. Laws of the City of Coiioes. All joints in the iron drain pipes, soil pipes and waste pipes must be so caulked witli oakum and lead as to make them impermeable to gas. CONNECTIONS WITH LATERAL. Rule 14. When tile is used from the house drain to the sewer lateral it must be laid in a trench cut to a uniform grade and the soil well rammed to prevent settling. The hub end shall be laid up hill and the space between each hub and the small end of each section of pipe be completely filled with the best quality ol hydraulic cement. A scraper or wiper must be applied to each joint after the cement is used, and before the next section is laid, to remove any . cement that may have been forced into the pipe. CONNECTIONS OF LEAD WITH IRON PIPE. Rule 15. All connections of lead with iron pipes must be made with a brass or lead ferrule of the same size as the lead pipe, put in the hub of the branch of the iron pipe and caulked with lead. The lead pipe must be attached to the ferrule with a wiped joint, CONNECTIONS TO IRON PIPE. Rule. 16. No lead pipe shall be wiped or soldered to cast iron pipe. No saddle or clamp joints to be used. WIPED JOINTS. Rule 17. All connections of lead pipe shall be by wiped or overcast joints. separate traps. Rule 18. Every water closet, urinal, sink, basin, bath, and every set of wash trays must be separately and effectively trapped. LOCATION OF TRAPS. Rule 19. Traps must be placed as near the fixture as practicable. In no case shall the waste from a bath- tub or other fixture be connected with a water closet trap. Rules, etc., Plumbers and Plumbing. 387 VENT TRAPS. Rule 20. Traps must be protected from siphonage, and the "waste pipe leading from those inside the building ventilated by a special air pipe, taken out of the crown of trap in no case less than two inches in diameter for water closet traps, and one inch and a quarter for other traps. The verticle vent pipes for traps of water closets in buildings more than four stories in height must be at least three inches in diameter, with two-inch branches to each trap, and for traps of other fixtures not less than two inches in diameter, unless the trap is smaller, in which case the diameter of branch vent pipe must be at least equal to the diameter of the trap. In all cases vent pipes must be of cast iron or lead, except when vent pipes pass through parlors or decorated rooms when they may be of wrought iron pipe. These pipes must extend two feet above the roof, and above the coping, the extension to be not less than four inches in diameter to avoid obstruction from frost, or they may be branched into a soil pipe above the inlet from the highest fixture. They may be combined by branching together those which serve several traps. These air pipes must always have a continuous slope to avoid collecting water by con- densation. Note: The following record occurs at page 53 of the book of minutes of the examining board of plumbers, under date of May 16, 1899. A question of the validity of the intended amendment is raised by the fact that it nowhere appears that it was formulated by the said board in conjunction with the local board of health. (See Sub 3, § 4, Chapter 602, Laws of 1892, the statute then in force.) On motion of Mr. Dawson, rule 20 of the rules and regulations relating to plumbing in the city of Cohoes was amended to read as follows: "Any good non- siphon trap may be used when approved by the board of health. Common traps must be protected from siphonage and the waste pipe leading from those inside the building ventilated by a special air pipe 388 Laws of the City of Cohoes. taken out of the crown of trap, in no case less than % •inches in diameter for water closet traps and 2J inches for other traps." SAFE WASTE. Rule 21. Every safe under a wash basin, bath, urinal, water closet, or other fixture, must be drained by a special pipe not directly connected with any soil pipe, waste pipe, drain or sewer ; but discharging into an open sink or upon the cellar floor, such safe waste shall not be less than one inch in internal diameter. REFRIGERATOR WASTE. Rule 22. The waste pipe from a refrigerator shall not be directly connected with soil or waste pipe or with the drain or sewer ; it should discharge into an open sink. Such waste pipe should be so arranged as to admit of frequent flushing, and should be as short as possible. WATER CLOSET TANKS. Rule 23. All tank water closets within the house must be supplied with water from main or supply tank of sufficient size located above same. A group of closets may be supplied from one tank. But water closets on different floors will not be permitted to be flushed from one tank. FLUSH PIPE. Rule 24. When closets are supplied from tanks, the pipe to closet shall in no case be less than one and one-quarter inches in diameter. RAIN-WATER LEADER. Rule 25. When within the house, the rain-water leader must be of cast iron, with leaded joints, or of cop- per, with soldered joints. Where the rain- water leader is at least one (1) inch less in diameter than the soil pipe, it may be brought into the latter, but ram-water must never be led directly into the upper end of the soil pipe, which must always project at least two (2) Rules, etc., Plumbers and Plumbing. 389 feet above the roof and above the coping. When out- side of the house and connected with the house drain, it must, if of sheet metal with slip joints, be trapped beneath the ground or just inside of the wall, the trap being arranged so as to prevent freezing. In every case where a leader opens near a window or a light shaft, it must be properly trapped at its base. The joint between an iron leader and the roof must be made gas and water-tight by means of a brass or lead ferrule and lead or copper pipe properly connected. cellar and sub-soil drainage. Rule 26. Cellars should not be connected with sewer and the house drain unless necessary ; if so, they must be effectively trapped. Dry cesspools should be used where practicable. Sub- soil drains may be provided when necessary. When used they must be effectively trapped and means provided to maintain a seal. STEAM EXHAUST. Rule 27. No steam exhaust or blow-off pipe from a steam boiler will be allowed to connect with any soil or waste pipe or directly with the house drain. They should discharge into a tank or condenser, the waste from which, if to be discharged into the sewer through the house drain, must be connected on the sewer side of the running trap. YARD DRAINAGE. Rule 28. Yards and areas should always be prop- erly graded, cemented, nagged or well paved and properly drained. When the drain is connected with the house drain it must be effectively trapped. Area drains must be connected with the house drain inside of the running trap. PRIVY VAULTS AND SCHOOL SINKS. Rule 29. No privy vault or school sink will be allowed in any cellar or basement ; nor shall the general Laws of the City of Cohoes. privy accommodations of a tenement or lodging house be allowed to be in the cellar or basement. SCHOOL SINKS. Rule 30. School sinks must be not more than two feet in depth, connected at the npper end with an automatic flushing tank, and at the lower end prop- erly trapped. PRIVY VAULTS, WHERE FORBIDDEN. Rule 31. The building of privies, privy vaults and cesspools in sewered districts is forbidden. All priv- ies, privy vaults and cesspools existing within the city limits shall be removed or filled up by the owner, occupant, occupants, lessee, agent or other person having charge or control of the premises on which they exist, whenever, in the judgment of the board of health, they become a menace to the public health by rendering the soil, air or water impure or unwholesome, or they constitute a condition of any kind injurious to life or health. But no person shall hereafter erect any privy or privy vault upon any lot or parcel of ground adjoining any street or alley where a public sewer exists, with which connections can be made by means of drain pipes laid in or from any such lot or piece of ground ; nor shall any owner, lessee, occu- pant or agent of any building or premises erect or maintain, in a sewered district of the city, any privy, privy vault or cesspool made or built in the earth within fifteen feet of any door or wirfdow of any building upon such premises, or any building upon the adjoining premises, and the erection or mainten- ance of any such privy, privy vault or cesspool is hereby declared to be injurious to life and health and to constitute a nuisance. PRIVY VAULTS IN SEW T ERED DISTRICTS. Rule 32. No privy vault hereafter constructed shall be located within ten feet of any street or highway Rules etc., Plumbers and Plumbing. (alleys excepted), nor within five feet of the boundary line of the premises on which it is con- structed, nor within ten feet of any rain-water cistern, and it shall be so constructed as to be perfectly tight, and be conveniently approached, opened and cleaned. WATER CLOSETS. Rule 33. No pan or plunger water closets shall hereafter be placed in any building in this city. When a privy vault or cesspool must necessarily be used, and the water supply of the premises is from a well, they must be at least fifty feet from the well, and the privy vault must be absolutely tight. Where pan or plunger water closets are to be taken out of a building they shall be replaced with tank wash-out closets. All water closets placed in buildings shall be prop- erly vented, siphon jet closets to be properly vented underneath the floor at the lead bend connection. Note: — The following record occurs at page 53 of the book of minutes of the examining board of plumbers, under date of May 16, 1899. A question of the validity of the intended amendment is raised by the fact that it nowhere appears that it wa formulated by the said board in conjunction with the local board of health. (See Sub. 3, § 4, Chapter 602, Laws of 1892, the statute then in force.) On motion of Mr. Bottom, rule 33, page 34 of the rules and regulations relating to plumbing in the city of Cohoes was amended to read as follows : 4 'Water closets placed in buildings shall be properly vented, siphon jet closets to be properly vented underneath the flow at the lead band connection when considered necessary. ' ' PENALTY FOR VIOLATION OF RULES. Rule 34. The general water closet accommodation of tenant or lodging houses, or of office buildings, or of any building in which said accommodations are permitted to be used by the public, shall be so located and constructed that no offense or nuisance may be caused; and all public urinals in such water closets 392 Laws of the City of Cohoes. shall be floored and lined with some impermeable material. WATER CLOSETS IN YARDS. Rule 35. Water closets when placed in yards must be separately trapped, if two or more are connected with main iron pipe, each and every closet shall have a separate trap and so arranged as to be conveniently and adequately flushed, and their water supply pipes and traps must be protected from freezing. The com- partments for such water closets must be 'ventilated by means of air shaft or window. WATER CLOSET VENTS. Rule 36. No water closet vent will be allowed to be used as main vent for main soil pipe. PRIVIES. Rule 37. In no case will the general privy accom- modation of a tenement or lodging house be allowed in the cellar or basement, except that one or two closets may be placed in the cellar for the accommo- dation of one or two families. URINALS. Rule 38. No metallic lined urinals will be allowed in any building. All urinals shall be vented. Urinals shall be so constructed as to provide for proper flushing. NOTICE TO INSPECTOR. Rule 39. Notice in writing shall be given to the plumbing inspector, by the contractor, builder or plumber in all cases where new work is to be done, or the remodeling of old work, or in any and all cases in which repairs involve the removal of fixtures, or changes in the location or arrangement of fixtures, whether within the house or out of doors; when the work is sufficiently advanced for inspection, and no part of the work shall be covered or concealed in any way until after it has been examined by an inspector of the board of health ; and the contractor, builder or Rules, etc., Plumbers and Plumbing. plumber shall test said work, to the satisfaction of the inspector, for the purpose of detecting any imper- fect joints or any other defects in the material or workmanship which may permit the escape of foul air into or under the house, and all such defects that may exist shall be made good as provided in this ordinance. The contractor or plumber who may be in charge of the work, and who may be responsible therefor, shall be subject to the penalties prescribed in these rules for any violation of the provisions of the same. Any plumbing work as aforesaid, or any house, sewer or house drain put in and covered with- out due notice to the board of health, shall be uncov- ered for inspection by direction of the inspector; and every day that the work shall remain covered, after notice to uncover, shall constitute a new offense, and subject the offender to the penalties of this ordinance. SEWERS. Rule 40. Where house sewer is connected to main sewer in street the contractor, or person laying said sewer shall place a tee in the main sewer, of the size required for making said connection. No person shall connect to or lay sewers unless he shall have first- obtained a certificate of competency from the board of health of the city. QUALITY OF WORK. Rule 41. All materials must be of good quality and free from defects; the work must be executed in a thorough and workmanlike manner. SEPARATE SEWER CONNECTIONS. Rule 42. Where there is a sewer in the street, every house or building must be separately and inde- pendently connected with it. When possible, such connection must be made directly in front of the house. 394 Laws of the City of Cohoes. pkivate drains. Rule 43. When there is no sewer in the street, and it is necessary to construct a private drain to connect with a sewer in an adjacent street or avenue, it must be laid outside of the curb, if possible. The drain must not be laid under the house. WATER CLOSET TRAP TO BE USED FOR NO OTHER FIXTURE. Rule 44. In no case shall the waste from a bath-tub or other fixtures be connected with a water closet trap. VENT PIPES. Rule 45. No trap vent pipe shall be used as a waste or soil pipe, REPAIRING AND LAYING SEWERS. Rule 46. The clerk of the city will grant no permit to any person to excavate in any street, for the pur- pose of laying, repairing or tapping sewers, unless such person has been granted a certificate of compe- tency from the board of health, as being so licensed, and has received a permit from the plumbing inspector. DUTIES OF INSPECTOR OF PLUMBING. Rule 47. It shall be the duty of the inspector of plumbing, drainage and ventilation, under direction of the health officer, to sign and issue all notices and certificates of inspection, to pass upon all plans sub- mitted, to keep a daily record of his work, including all notices and applications received, violation of these regulations, and all other matters which may pertain thereto; to make daily, weekly and quarterly reports, and an annual report of his operations to the health officer. He shall inspect all houses in course of erection, alteration or repair, as often as may be necessary, and shall see that all work for plumbing, drainage or ventilation is done in accordance with the provisions of these regulations. Rules, etc., Plumbers and Plumbing. 395 The inspector will inspect all sewer connections and external house drains within twenty-four (24) hours after notification from the plumber or person laying the same, and all waste and vent pipes and other inside plumbing within three ( 3 ) days after notification, otherwise the plumber may cover the work and consider it passed upon, provided that the said plumber shall file with the health officer a written statement that the inspection was not made within the above mentioned time, unless, after said inspector has answered a notice that work is ready tor inspection and finds it necessary to make a second visit, in which case the time that work must be left uncovered shall be doubled. license may be revoked. Rule 48. Any license of registration granted by the board of health may be revoked for violation of these rules, the said board of health acting in con- currence with the board of local examiners, after a hearing, as adopted by law. Also by commissioner Bottum : Resolved, that the clerk of the board of health cause the said rules and regulations to govern plumbers and plumbing, in the city of Cohoes, and the several sec- tions and provisions thereof, to be published forthwith in The Cohoes Republican, a daily newspaper printed and circulated in said city of Cohoes, by one insertion therein. Adopted. WILLIAM S. MILLER, Clerk of board of health and examining and supervising board of plumbers and plumbing. HISTORY OF LOCAL LEGISLATION. Statutes heretofore passed, affecting the village and city of CoJioes. 1847. Chapter 426, Act to provide for the incorporation of villages. Under this act the village of Cohoes was incorporated. See record of proceedings in Book 1 of minutes, pp. 4-12. 1849. Chap. 314, Act amending above act making the vil- lage of Cohoes a separate road district, and author- izing trustees to alter, repair and lay out streets and to take and hold lands for cemetery purposes. 1850. Chap. 88, Act exempting agricultural lands from taxation. Chap. 341, Act to establish free schools in the village of Cohoes. 1851. Chap. 340, Act to amend the general village law so far as relates to the village of Cohoes, in respect to police justice, police constable, ordinances, taxes, sewers, etc. 1853. Chap. 393, Act authorizing canal commissioners to construct bridge across Mohawk river. 1855. Chap. 277, Act to incorporate the Cohoes Water Works Company. (Repealed by Chap. 177, Laws of 1856.) Chap. 352, Act amending generally the village charter. 1856. Chap. 177, Act to provide for a supply of water in the village of Cohoes. 396 History of Local Legislation. 397 (Amended by Chap. 744, Laws of 1868; Chap. 912, Laws of 1869; Chap. 275, Laws of 1870; Chap. 281, Laws of 1876; Chap. 429, Laws of 1883 ; Chap. 260, Laws of 1885 ; Chap. 132, Laws of 1887.) 1858. Chap. 298, Act authorizing construction of single track wooden bridge over Erie Canal at intersection of White street. (Amended by Chap. 297, Laws of 1863 ; Chap. 428, Laws of 1865.) 1860. Chap. 119, Act authorizing bridge over Erie Canal opposite Yliet street. 1863. Chap. 117, Act amending village charter in relation to street superintendent and police constable. 1864. Chap. 330, Acts legalizing acts of taxpayers of the village in raising money for aid of drafted men. Chap. 526, Act to incorporate Egberts Institute. 1865. Chap. 554, Act to establish a capital police district, etc., including the village of Cohoes. (Amended, as to quota for Cohoes, Chap. 723, Laws of 1868; Chap. 912, Laws of 1869; Abol- ished, as to Cohoes, Chap. 692, Laws of 1870.) 1866. Chap. 807, Act authorizing bridge over Erie Canal at Columbia street. 1869. Chap. 877, Act making appropriation for iron bridge over Champlain Canal near Oneida street and for abutment to bridge on Summit street. Chap. 912, Act to incorporate the city of Cohoes. 1870. Chap. 692, Act to establish and maintain a police force in the city of Cohoes. (Amended by Chap. 269, Laws of 1873; Chap. 483, Laws of 1879; Chap. 263, Laws of 1884.) 1871. Chap. 630, Act in regard to assessment for street im- provements. (Amended by Chap. 483, Laws of 1879.) Chap. 918, Act amending city charter generally. 398 Laws of the City of Cohoes. 1872. Chap. 79, Act amending city charter generally. Chap. 321, Act to incorporate the Troy, Lansingburgh and Cohoes bridge. (Amended by Chap. 259, Laws of 1874.) 1873. Chap. 252, Act for the support of the Cohoes Hos- pital. Chap. 494, Act amending charter in regard to street improvements. 1874. Chap. 11, Act making appropriation for rebuilding locks on Champlain canal. Chap. 316, Act amending charter in relation to the board of education. 1875. Chap. 234, Act amending charter. Fifth ward created. Chap. 274, Act authorizing common council to adopt, lay out, open and grade Trull street. 1876. Chap. 440, Act amending city charter. Recorder's act. 1877. Chap. 396, Act amending city charter in relation to the powers of the common council and inspectors of election. 1878. Chap. 230, Act to legalize state and county taxes and to provide for their collection. 1879. Chap. 99, Act to re-organize the fire department and create a board of fire commissioners. Chap. 266, Act to incorporate the Cohoes and Lan- singburgh Bridge Company. Chap. 500, Act amending charter as to boundaries of wards. 1880. Chap. 330, Act amending charter in relation to expenses of board of water commissioners. Chap. 456, Act amending charter in respect to the office of recorder. 1881. Chap. 60, Act amending charter in relation to jail. Chap. 183, Act amending charter in relation to limi- tation of the city's liability from defective streets, etc. Chap. 527, Act amending charter, increasing salary of chamberlain. History of Local Legislation. 399 1884. Chap. 219, Act to legalize the construction of the Ravine sewer and to provide for the assessment and collection of the expenses thereof. Chap. 274, Act authorizing the purchase by the state, of land south of the state yard. Chap. 492, Act amending the charter in relation to the offices of president and clerk of the board of education. Chap. 513, Act authorizing the paving of Remsen street north from White. 1885. Chap. 25, Act amending charter in relation to the time of charter elections. 1886. Chap. 216, Act authorizing the paving of one thous- and feet of streets annually. Chap. 224, Act amending the charter providing for the appointment of assessors and in relation to taxes and the fiscal year. 1887. Chap. 8, Act authorizing the board of education to borrow money, not exceeding $9,000, to meet deficiency in expenses. Chap. 133, Act authorizing common council to borrow not exceeding $20,000 to pay and retire water bonds. Chap. 168, Act authorizing construction of bridge across Champlain canal at Ship street. Chap. 369, Act amending city charter, increasing salary of the city attorney. 1888. Chap. 129, Act making additional appropriation for construction of bridge across Champlain canal, at Ship street. Chap 234, Act authorizing construction of bridge on Central avenue, and to raise $2,000 therefor. Chap. 301, Act amending city charter in relation to street paving. Chap. 377, Act to provide for the erection of a state armory and making an appropriation therefor. (Amended by Chap. 176, Laws of 1889.) 400 Laws oy the City of Cohoes. 1889. Chap. 52, Act authorizing the board of education to borrow not exceeding $7,000 to meet deficiency in the expenses of said board. Chap. 53, Act amending the city charter, authorizing the raising of additional one-tenth of one per centum tax for school purposes. Chap. 86, Act to amend the city charter in relation to the time the polls shall be open at the charter election. Chap. 192, Act to authorize the city to remove the bodies and monuments from burial ground on Colum- bia street and to sell the land. (Amended by Chap. 800, Laws of 1895; Chap. 808, Laws of 1896'.) Chap. 430, Act to authorize the city to acquire and pay for lands for straightening and widening Saratoga street. (Amended by Chap. 25, Laws of 1891.) Chap. 451, Act to provide for raising money for light- ing the streets by gas or electricity. Chap. 552, Act making additional appropriation for completion of bridge across Champlain canal at Ship street and approaches thereto. 1890. Chap. 75, Act re-appropriating money for erection of state armory. Chap. 265, Act authorizing the city to borrow not ex- ceeding $25,000 for the improvement of the water works. 1891. Chap. 260, Act to establish city hospital and provide for the erection, goverment and maintenance thereof. (Amended by Chap. 141, Laws of 1892.) Chap. 314, Act authorizing construction of viaduct connecting Garner and Division streets. 1892. Chap. 153, Act authorizing improvements to the water works and appropriating balance of money on hand therefor. Chap. 464, Act re- appropriating money for state ar- ory and for the acquiring of additional land therefor. Chap. 671, Act to revise the city charter. History of Local Legislation, 401 (Amendments of the revised charter will be found noted throughout the charter as contained in this compilation, immediately after the provis- ions affected thereby, in each instance. ) 1893. Chap. 643, Act to authorize repairs to the state dam across the Mohawk river at Cohoes, and making an appropriation therefor. 1894. Chap. 142, Act for the completion of the state armory at Cohoes, and making an appropriation therefor. Chap. 310, Act to authorize the purchase of a suitable site in the city of Cohoes, and to erect thereon a city hall and station-house and jail, and to provide means to defray the expense thereof. Chap. 462, Act to authorize the completion of repairs to the state dam across the Mohawk river at Cohoes, and making an appropriation therefor. Chap. 472, Act to re-appropriate money, with an additional appropriation, for the erection of a state armory in the city of Cohoes. 1895. Chap. 47, Act to authorize and enable the city of Cohoes to borrow money upon its credit for the pur- pose of erecting and constructing two public school buildings and their appurtenances in said city, and to properly furnish and equip the same ; one of said buildings to be erected upon Garner street and one upon Hudson avenue in said city. Chap. 798, Act concerning the settlement and collec- tion of arrearage of unpaid taxes, assessments and water rents in the city of Cohoes, and imposing and levying a tax, assessment and lien in lieu and instead of such arrearages, and to enforce the payment thereof. Chap. 799, Act to authorize the city of Cohoes to borrow money upon its credit, for the purpose of defraying the expenses of altering, straightening and widening Saratoga street in said city, between Spring- street and Main street. . (Amended by Laws of 1896, Chap. 807. ) 402 Laws of the City of Cohoes. 1896. Chap. 51, Act to enable the city of Cohoes to use for street and highway purposes, and sell the site hereto- fore selected and purchased by said city and intended to be used for hospital purposes ; and to use the pro- ceeds of such sale in the purchase of another site, erection of a hospital thereon, and the equipment of the same. Chap. 273, Act to authorize and enable the city of Cohoes to borrow money upon its credit for the pur- pose of paying the expenses of constructing the Eagle Nest Ravine sewer, Mohawk and Canvass street sewer, and Mohawk and White street sewer heretofore con- structed by said city. Chap. 274, Act concerning the settlement and collec- tion of arrearages of unpaid taxes and assessments in the city of Cohoes, levied or assessed by the board of supervisors of the county of Albany, and imposing and levying a tax, assessment and lien in lieu, and instead, of such arrearages, and to enforce the pay- ment thereof. (Repealed by Chap. 696, Laws of 1900.) Chap. 806, Act to authorize the city of Cohoes to borrow money for the purpose of better equipping its v fire department, and to issue its bonds for the money so borrowed. Chap. 813, Act to authorize the common council of the city of Cohoes to borrow money for the imme- diate wants and necessities of the board of education of said city, and to issue bonds for the money so bor- rowed. Chap. 904, Act to create a public improvement com- mission in and for the city of Cohoes, and define its powers and duties. 1897. Chap. 401, Act to amend the act to create a public im- provement commission. 1898. Chap. 227, Act to create a public improvement com- mission in and for the city of Cohoes, and define its powers and duties. History of Local Legislation. 403 (Supersedes former law. Amended by Chap. 550, Laws of 1899.) Chap. 233, Act to authorize the city of Cohoes to borrow money by the issue of bonds for the improve- ment of the water works and extension of the water mains in said city. Chap. 513, Act to amend chapter two hundred and sixty of the laws of eighteen hundred and ninety-one, entitled ''An act to establish a hospital in and for the city of Cohoes, and to provide for the erection, gov- ernment and maintenance thereof," ending the term of office of the commissioners appointed thereunder and the power to appoint or confirm the same, and repealing certain sections thereof. 1899. Chap. 268, Act to authorize the city of Cohoes to borrow money by the issue of bonds for the payment of the expenses, audits and charges of the public improvement commission. Chap. 519, Act to authorize the building of a canal and locks, in and near Cohoes, to connect the Erie and Champlain canals, and for other purposes. Chap. 613, Act to provide for the construction of a bridge over the Champlain canal at Ontario street, in the city of Cohoes, and making an appropriation therefor. 1900. Chap. 213, Act to amend chapter two hundred and twenty-seven of the laws of eighteen hundred and ninety-eight, relative to the expense to be borne by street railway companies for the paving of streets in the city of Cohoes, et cetera. Chap. 696, Act concerning the settlement and collect tion of arrearages of unpaid taxes and assessments in the city of Cohoes, levied or assessed by the board of supervisors of the county of Albany. 1901. Chap. 289, Act to authorize the common council of the city of Cohoes to borrow money for the present Laws of the City of Cohoes. needs of the board of education of said city, and to enable it to continue the schools of said city until the next apportionment of the general city tax, and to issue bonds and certificates of indebtedness for the amount so borrowed. Chap. 295, Act to ratify and legalize the lease and agreement made by and between the city of Cohoes, New York, and the Cohoes Hospital Associa- tion. Chap. 632, Act to amend chapter two hundred and twenty-seven of the laws of one thousand eight hun- dred and ninety- eight, entitled "An act to create a public improvement commission in and for the city of Cohoes, and define its powers and duties " Chapter 682, Act reappropriating an appropriation made by chapter six-hundred and thirteen, laws of eighteen hundred and ninety-nine, for the construction of a bridge over the Champlain canal at Ontario street, Cohoes, and making an additional appropriation therefor. LIGHTING OF STREETS. IN THE CITY OF COHOES. The lighting- of streets in the city of Cohoes is let by contract, dated April 30th, 1901, to the Cohoes Gas Light Company, for the lighting of the same by electricity, for the term of five years from September 1st, 1901, at the rate of $6.25 per arc light of 2,000 candle power. This is an extension of a previous contract, dated May 21, 1898. The following is the present location of the several electric light lamps, throughout the city, under said contract : CIRCUIT NO. l. 1. Cataract and School streets. 2. Church and Mohawk streets. 3. Head of Church street. 4. Orchard street and Maiden Lane. 5. Conduit and John streets. 6. Reservoir and Division streets. 7. Richmond street, at angle. 8. Division and Morris streets. 9. Reservoir and Egbert streets. 10. Jay and Egbert streets. 11. Vliet and Willow streets. 12. Vliet and Erie streets. 13. Willow street and Strong place. 14. Johnston avenue and Mangam street. 15. Johnston avenue and Summit street. 16. Willow and Garner streets. 405 406 Laws of the City of Cohoes. 17. Worth and Mangam streets. 18. Worth and Garner streets. 19. Yliet street and Strong place. 20. Mangam and Hamilton streets. 21. Yliet and Garner streets. 22. Yliet street and Dudley avenue. 23. Yliet and Eagle streets. 24. Watervliet avenue and Eagle street. 25. Yliet and Pratt streets. CIRCUIT NO. 2. 1 . High street, at Central R. R. depot. 2. MeElwain avenue, at N. Y. C. & H. R. R. R. 3. MeElwain avenue and Grant street. 4. Fulton and Grant streets. 5. MeElwain avenue and Chestnut street. 6. Broadway, between MeElwain .and Younglove avenues. 7. MeElwain avenue and Walnut street. 8. Younglove avenue, near N. Y. C. & H. R. R. R. 9. Imperial avenue, top of hill. 10. Younglove avenue and Grant street. 11. Columbia and James streets. 12. Trull street and Carlton avenue. 13. James street and Western avenue. 14. Columbia and Walnut streets. 15. Columbia street and Mann avenue. 16. Simmons avenue, south of Columbia, near W. Wartime's house. 17. Columbia street, near H. M. Sweet's house. 18. Bowery and Cherry streets. 19. Simmons avenue and Elm street, 20. Simmons and Watervliet avenues. 21. Johnston avenue and Bowery street. 22. Johnston avenue and Oak street. 23. Johnston avenue and Broadway. 24. Egbert and Hamilton streets! Lighting of Streets. 407 CIRCUIT NO. 3. 1. Electric light station, on old tree at the brick arch, or bridge. 2. Mohawk and Front streets. 3. Cataract street, near Front street. 4. Mohawk and Remsen streets. 5. Short Remsen street, near Bochlowitz mill. 6. Courtland and Canvass streets. 7. Oneida and Canvass streets. 8. South end of the Waterford bridge. 9. Saratoga and Oneida streets. 10. Saratoga and Ontario streets. 11. Ontario and Linden streets. 12. Saratoga street, near the coal office of T. Slavin. 13. Champlain canal, south of the gas works. 14. Saratoga and Cedar streets. 15. Ontario and Canvass streets. 16. Devlin street, near the north end. 17. North Mohawk street, south of Manor avenue. 18. Manor avenue and Reservoir street. 19. Manor avenue, east of the N. Y. C. & H. R. R. R. track. 20. Manor avenue. 21. Manor avenue and Second street. 22. Mohawk and South streets. 23. North Mohawk street, near the bridge at Mur- phy's, or near city limits. CIRCUIT NO. 4. 1. Remsen and Newark streets. 2. Main street, opposite No. 169, or near Ham- brook's market. 3. Main street, opposite No. 207, or W. B. LeRoy's house. 4. George and Congress streets. 5. George and Lancaster streets. 408 Laws of the City of Cohoes. 6. Newark and Lancaster streets. 7. Schuyler and Lancaster streets. 8. Congress street, opposite No. 133, or near J. W. Kline's house. 9. Main and Schuyler streets. 10. Congress and Columbia streets. 11. Central avenue and Columbia street, 12. Central avenue, opposite No. 62, or at first angle near J. A. Daley's. 13. Central avenue, opposite No. 127, or near soap factory. 14. Main and Hart streets. 15. Lancaster and Hart streets. 16. Congress street, opposite No. 56, or near French church. 17. Sargent street, opposite No. 54, near Harmony Co's. block. 18. Sargent and VanVechten streets. 19. Saratoga street, opposite No. 198, LeRoy Ver- milyea's house. 20. Main and Saratoga streets. 21. Dyke avenue and Niver street. 22. Saratoga and Bridge streets. 23. Saratoga street, opposite No. 502, E. H. Bene- dict's house. 24. Saratoga street, opposite Troy House. 25. Saratoga and Spring streets. 26. Central avenue and Hawk street. 27. Lincoln avenue and Alexander street, 28. Lincoln avenue, near CP. Craig's house. CIRCUIT NO. 5. 1. Mohawk and Vliet streets. 2. Mohawk street, at Harmony Co's. carpenter shop. 3. Mohawk and Courtland streets. 4. Mohawk and Oneida streets. 5. Seneca street, at Presbyterian church. Lighting of Streets. 6. Mohawk and Ontario streets. 7. Mohawk and Pine streets. 8. Pine street, at D. & H. R. R. crossing. 9. Mohawk and Canvass streets. 10. Mohawk street, near D. & H. R. R. crossing. 11. Mohawk street, between Columbia and Saratoga streets — Weidman's. 12. Columbia and Remsen streets. 13. Remsen and Schuyler streets. 14. Main and Columbia streets. 15. Remsen and Howard streets. 16. Remsen and White streets. 17. Main street, south of White street, near Garra- han's market. 18. Congress and White streets. 19. Oriskany street, in the stone yard. 20. Short Main street. 21. Remsen and Newcomb streets. 22. Remsen and Ontario streets. 23. Remsen and Oneida streets. 24. Remsen and Factory streets. 25. Remsen street, opposite No. 17, near Parson's mill office. 26. Factory and Olmstead streets. 27. Ontario and Olmstead streets. 28. Lancaster street, opposite No. 13, near Trojan alley. 29. White street, head of, or at Erie canal. CIRCUIT NO. 6. 1. Ontario street and Page avenue. 2. Ontario and River streets. 3. Heartt avenue and River street, 4. Park and Melville avenues. 5. Heartt and Continental avenues. 6. Park and Jackson avenues. 7. Ontario street, at the D. & H. R. R. Go's, track. Laws of the City of Cohoes. 8. Continental avenue and Ontario street. 9. Continental and Rensselaer avenues. 10. Continental and Adams avenues. 11. Park and Breslin avenues. 12. Park and Forest avenues. 13. Park and Bridge avenues. 14. Third street and Hudson avenue. 15. Bridge avenue and First street. 16. First street and Maple avenue. 17. First street and Myrtle avenue. 18. Ship and Oliver streets. 19. Saratoga and Ship streets. CLEANING AND REPAIRING OF STREETS IN THE CITY OF COHOES. The cleaning and repairing of streets and other ways and places in the city of Cohoes is let by contract, pursuant to § 17, of Title XI of the revised charter, as amended by § 10, Chap. 604, Laws of 1893. The existing contract therefor was awarded May 28, 1901, to John Quinlan,for the period of twenty-one months, from the 1st day of June, 1901, upon the following bid : UNTAVED STKEETS. Broken stone, .70c per cubic yd. ^ ravel > • 35c per cubic vd. Lumber for bridges, . $24.90 per M., B. M. All other work called for in specifications, $259 per mo. PAVED STREETS. Repairing pavement with stone, . . .33c per square yd. Allother work called for in specification, $510 per mo. All streets that are not paved at the date of the exe- cution of contract, and paved during the exis- tence of the same, ... .$3.95 per 1,000 lineal feet. Sprinkling between Dec. 1 and Apr. 1, $4.25 per day. Sweeping between Dec. 15 and Mar. 15, $5.00 per day. Specifications for the above work may be found on file in the city clerk's office. 411 MUNICIPAL TIME TABLE. Jan'y 1st. Beginning of term of one school commissioner ap- pointed by the mayor. 1901, terms of two public improvement commis- sioners expire ; 1904, terms of two public improve- ment commissioners expire ; and, at the expiration of the terms of such commissioners, as above stated, and, thereafter, when any term expires, the mayor appoints such commissioners for a term of six years. Jan'y 2d. Annual meeting of the board of education. Appointment of clerk by board of education. January. (At least one week before the Tuesday after the first Monday in) annual report of the common council to be published. (Tuesday after the first Monday in) all elective city officers take office. Annual meeting of the common council. Clerk, attorney, engineer and surveyor, superinten- dent of streets and public grounds, overseer of the poor, sealer of weights and measures and pound- master appointed by common council at annual meeting. Chamberlain appointed (1902 and every two years thereafter) by common council at annual meeting. Water commissioner appointed by common coun- cil at annual meeting. March 1st. Payment by county treasurer to city chamberlain of Cohoes jail fund. May 1st. (On or before) board of education must submit to common council itemized estimate and requisition for the year. 412 Municipal Time Table. 413 June. (During— in 1901 and every four years thereafter) board of education appoints superintendent of schools. (First Monday in) assessors to complete list of ex- empt real property. Chap. 689, Laws of 1900. (First Tuesday in) two fire commissioners to be appointed. July 1st. (Each year— not later than) list of election officials filed by each party entitled to do so. (On or before) assessors to transmit statement of real property exempt from taxation to state comp- troller. (In year of their appointment) term of office of fire commissioners begins. Term of office of superintendent of schools begins. July. (Third Monday— 1892 and every fourth year there- after) recorder appointed by the, mayor. Sept. 1st. (Each year— on or before) appointment by mayor of election officials. Sept, (First Tuesday in) common council designates places of registration. Apportionment to credit of fire board by chamber- lain. October. (Fourth Friday before election— 8 a. m. to 9 p m ) first day of registration. (Fourth Saturday before election— 8 a. m. to 9 p. m.) second day of registration. (Third Friday before election— 8 a. m. to 9 p m ) third day of registration. (Third Saturday before election— 8 a.m. to 9p m ) fourth day of registration. (From 25 to 35 days before election) regular party nominations must be filed with city clerk. (From 20 to 35 days before election) independent nominations must be filed with city clerk. (At least 20 days before election) declination of regular party nomination must be filed with city clerk. J (At least 18 days before election) declination of in- dependent nomination must be filed with citv clerk. J 414 Laws of the City of Cohoes. November. (Tuesday after the first Monday.) General election. I Polls open — -6 a.m. to 5 p.m. ''Annual election." J F Mayor, police commissioner, assessor, justice of the peace and supervisor elected whenever the res- pective terms of office of such officers expire. One alderman and a constable elected in each ward every year. (Within 24 hours after election) one copy of reg- ister used by inspectors to be filed with city clerk. (Within 10 days after election) statement of the expense incurred by candidates must be filed. (Third Tuesday— on or before) common council audits chamberlain's accounts. Chamberlain's annual report to common council. Captain of police, annual report to common council. Overseer of the poor, annual report to common council. Water board, annual report to common council. Fire commissioners' annual report to common council. . Annual reports to common council ot various otner city boards and departments. (Third Tuesday in) fiscal year ends. Dec. 15th. (In the year of their election— on or before) jus- tice of the peace must tile oath of office. Dec. 31st. (In each year) end of term of one school commis- . sioner. Every month. (First and third Tuesday) regular meeting of common council. (First and third Wednesday) regular meeting ot board of education. (First and third Tuesday, at 3 p. m.) regular meeting of board of police commissioners. (First Monday) regular meeting of board of water commissioners. (First Thursday) regular meeting of board ot lire commissioners. (Second Wednesday, at 3 p. m.) regular meeting of public improvement commission. (First Monday) regular meeting of board of health (Second Tuesday) regular meeting of board ot plumbers. INDEX. 27. 40, Accounts : page. against city 14, l66 , to be audited by common council u, 27, 41, 59 common council to prescribe manner of keeping. ' certain, to be examined by common council 15 of chamberlain, and other officers to be audited against county of Albany city officers not to be interested in of the several boards g3 ? qq 97 how presented, filed and entered to be referred to "committee on auditing accounts " "committee on auditing" not to be withdrawn from file Actions : by and against the city by the city : for prosecutions on contracts, etc for violation of fire law 113. 123, 166, 167 167 15 59 67 124 167 167 167 168 138, 129, 139. 6 21 130 140 142 to foreclose lien of taxes, etc civil, to collect taxes against the city : to be commenced when summons in, how served. cost in on bond of constable, how prosecuted under city ordinances, how commenced by taxpayer against fire commissioner — (See 'civil service law.') commenced, not affected by certain acts Acts : revising charter. ............. expense of preparing, how paid a public act to limit the liability of the city of Cohoes. ....... 172-173 concerning settlement and collection of arrearages of taxes 174-183 authorizing the appointment of an assistant district attorney 168 168 168 38 46 124 170 171 170 170 public improvement act. the public health law. the general city law , . 184 185-210 211-226 227-250 ii Index. PAGE. Acts— continued. 2gg the general municipal law 260-272 the public officers law 273-296 the civil service law 297-303 establishing hospital qee also, 'ordinances passed by the common council.') Animals : ir> restraint, impounding, etc., of dead, not to be cast into city waters Index. iii Animals— continued. PAGE. slaughtering of, regulated 21 (See 'ordinances passed by the common council also, 'ordi- nances of the board of health.') Annual elections. (See 'elections. ') Appointments : by the common council 24 26 27 70 recommendations for, (See 'civil service law.') (See also, 'officers.') Appropriations. (See 'general city law.') Areas. (See 'ordinances passed by the common council ') Art : city may take and hold property for the purpose of 6 Ashes : not to be deposited in streets lg (See also^ < ordinances passed by the common council ' and ' ordinances of the board of health.') Assemblages. (See 'ordinances passed by the common council.') Assessment-Rolls : clerk to correct clerical errors in 5 q 5l to be made by board of water commissioners ' il8 city tax to be levied according to ' " 130 to be evidence of right to vote at special elections'. '. '. '. . . ' ' 131 designation of farm lands in ig2 duplicate, to be prepared by common council. . ' .' .' . ' . . . 132 completion, correction and delivery of 132 133 notice of completion of review by assessors .... '132 to be copied by clerk "' ^ hearing by common council in reference to errors of a cleri- cal nature in 133j ]34 delivery of, to, and notice of receipt of, by, chamberlain 134, 135 143 special tax to be levied according to ' 166 (See also, 'public improvement act. ') Assessments : how ordered ^ warrants for, to be issued by common council.' ^ hearing of grievances against 115> 133,' 134 154 163 for w at e r r e n ts m \ ng of farm lands ......130, 132 completion and review of, by assessors 132 133 description of land in how collected 135.' 136,' 152, 155,' 15 6 ', 160, 169 for general city taxes _ \%Q special, for street improvements, how made. . . . . . . . i 51 — review of, for street improvements • ....... 152 l Y Index. PAGE. Assessments— continued. — for paving and grading of streets, etc «W» ^ _ review of, for paving, etc ■ • • ■ ' ' 0 — for sidewalks, curbs and gutters 15». 1™. .... loo-lob — for sewers ; appeal to county judge from special local, to be determined by common council lj>l — notice of, to be given • ' , lw hen ot ^ additions to, for non-payment _ for political purposes, etc. (See 'civil service law.') • (See also, 'public improvement act.') Assessors : g designated city officers — ^ ^ election ot ' ' ^ temporary appointment of term of office of certificate of first terms of, to be filed ^ qualifications of ' ' ^ compensation of ' ^ removal from office of powers and duties of : ^ in general ^ ^ under general statutes in relation to making and publishing lists of exempt 33 n property 33 n as to erroneous assessments in regard to assessments » , 14o n — exempt real property local improvements on streets, etc , • + ' 153, 154 — paving of streets — sewers i 154, lo5 freeholders to act as, when ' compensation of freeholders acting as (See also, 'public improvement act.') Attorneys : ( 22 common council to employ ^ ^ city attorney, appointment of ^ ' 53 salary.... 54 term of office ^ removal from office of . ^ bond of general powers and duties of : in regard to actions under ordinances to prosecute on bonds, recognizances, etc 47 to be legal advisor of the city and its officers, etc . . 53, 55 i to draw legal documents and papers for city, etc. . 53 to conduct proceedings for local improvements .... 53 16 Index. Attorneys— continued. PAGE. to take charge of legal business of city 53 to keep account of moneys and fees received in conduct of business, etc , 54 to furnish opinions. 54 to appear against school commissioners 71 72 to prosecute actions for unpaid taxes 188-140 under public improvement act , 209 ^ may be employed by public improvement commission . . 188 assistant district attorney resident, appointment of .... 184 Auctions and Auctioneers. (See ordinances passed by the common council.') Auction sales : regulated and licensed 1( , for taxes ^ lands to be sold at, for lien of judgments, etc ' ' ' 222 Auction stores : regulated Automobiles. ( See ' ordinances passed by the common council.') Awnings. (See ' ordinances passed by the common council.') Badges. (See < ordinances passed by the common council ') Bail : recorder may admit felons to Ball alleys. (See 'ordinances passed by the common " council.') Ball playing. (See 'ordinances passed by the common council.') Ballot boxes: board of police commissioners to provide etc Ballots: character of . Bankrupt stock. (See ' ordinances passed by the common council.') Barber shops. (See 'ordinances passed by the common council.') Bastards : support of, etc., by overseer of poor Bastardy cases : jurisdiction of the recorder in power of overseer of the poor to settle Bathing : regulated by common council ( See also, ' ordinances passed by the common council ') Bay-window : ' 45 93 59 43 61 16 construction of, regulated .„ jg (See also, ' ordinances passed by the common council.') ' " v i Index. PAGE. Bicycles. ( See 'ordinances passed by the common council.') Billiard-rooms : to be licensed ...... (See also, 'ordinances passed by the common council.') Bill posting. (See 'ordinances passed by the common council. ') Bills. (See 'accounts.') Boats. (See 'ordinances passed by the common council.') Bonds : 98 of the city, to be executed by the mayor • • . • ^ » to be executed by sundry officers 35, 37, 49, 68, 69 113 sureties in, to be approved by common council 24, by , . 69 penalties m liability of, how long continued r c r .... 38, 4 1 actions on forfeiture of 11 ft i T issued for water purposes, payment of,., lld ' llb ' public improvement bonds issued for hospital purposes ■ • ; (See also, 'public improvement act,' 'general municipal law' and ' public officers law.') Bone establishment. (See ' ordinances passed by the com- mon council.') Books: ... belonging to city, common council to care for. ordinances to be reported in receipts and payments to be entered in, by chamberlain .... 48 certain, to be furnished by common council or city ... . 48, 51, 14 etc., in clerk's office, to be arranged, etc., and produced for v inspection on demand 50 > for licenses and warrants and papers of outgoing officers to be delivered to successors 54, MS of records of streets, etc., to be made and kept 55, 14< of accounts, etc., of board of education to be open to in- ^ s P ection 80 83 text-books for indigent pupils for complaints and police records, to be kept by board of ■ police commissioners Boundaries : 12 of the city V Jj of the wards Bowling-alleys : to be licensed " f (See also, ' ordinances passed by the common council.') Boxes. (See ' ordinances passed by the common council.') Bread. (See ' ordinances passed by the common council.') Index. vii Bridges : PAGE construction and repair of, to be supervised by superinten- dent of streets 5^ (See also ' general city iaw ' and ' ordinances passed by the common council.') Buildings : public city, may take and hold land for the erection of. . . . 6 purchase of ground for, and erection of 16 numbering of ^ encroaching, regulations concerning 17 -jg moving of, through streets, etc., regulated. 19 manner of erecting of, regulated 22 for use of fire department, money for, how raised. 125 in fire limits, to be of what material 12g 129 (See also, 'ordinances passed by the common council.') Building Materials: deposits of, in streets regulated 17 (See also 'ordinances passed by the common council.') Burial and burial permits. (See ' public health law.') Burial-grounds : city may take and hold property for. ji Burials. (See 'ordinances of the board of health.') Burning fluids : inspection of, to be provided for, 19 Butcher shops. (See 'ordinances passed by the common council.') By-laws. (See 'ordinances.') Cabmen : to be licensed. ... - 15 Candle manufactories. (See 'ordinances passed by the common council.') Canvass of votes. (See 'elections.') Cars : speed of, to be regulated ^ not to obstruct streets, etc (See also, ' ordinances of the common council.') Cartmen : to be licensed 15 Cattle : to be restrained, etc., from running at large 15 (See also, 'ordinances passed by the common council' and ' ordinances of the board of health.') Cellars. (See 'ordinances passed by the common council.') Cemeteries : to be managed by the common council 16 viii Index. PAGE. Census : to be provided for by common council 24 Certificates : of sale for unpaid taxes 139 > l76 ' 177 222 — for unpaid judgments of indebtedness for hospital purposes •• 298 — in anticipation of assessments for public improvements. . . 207 of plumbers. (See 'general city law.') Chamberlain : appointment of 26 ' accounts of, to be audited by common council 27 to retain warrants 48 48 to make annual report to deposit public moneys, where • 49 to be treasurer of funds of the several boards 49 term of office, office hours and salary of ■ • ■ 49 bondof 49 ' 6 ? . .... , 49, 146 liability of assessment-roll to be left at office of to receipt for assessment-roll 1 134, 155, 159. 202 to pay contractors, when • 166 ' 205 to countersign public improvement bonds powers and duties of: •i .. 47, 48 in general ' in regard to collection of taxes and assessments 48, 139. 140, 143, 145, 169 — receipts and disbursements of public moneys 48 — collection and payment of fees and interest 49 — drafts of board of police commissioners . . 93 — salaries of police force 101 - 102 — drafts of board of water commissioners H8 — collection of water rents 1LU — public improvements. 166, 202, 205, 207, 208 — sale of property for unpaid taxes 174-183 as to disposition of balance of proceeds of sales, under lien law 49 n to set apart moneys for certain purposes: for use of schools 80 - for use of board of fire commissioners 123 for highway and bridge fund. . , : 162 (See 'disbursing officers,' 'civil service law.') Charity : , city may take and hold property for purpose of Chief Engineer. (See 'engineer.') Children : number of, of school age to be reported » • Index. j x Chimneys. (See 'ordinances passed by the common council, ') PA ° E ' Circuses : to be licensed, etc ^ City attorney. (See 'attorneys.') City bills. (See "general city law.') City hall : care of, and station house. 13 n jgg City of Cohoes : boundaries of ^ 2 wards of *•*'"'*•" ' n ' a— b corporate name and powers *; < q officers of „ , • o suits by, and against. ^ seal of r g may acquire and dispose of real and personal property' " 6 accounts against 14> ^ 16? bonds, contracts, etc., how executed 28 188 205 - of officers of. ['[['] [[V '] [ ^ m not included m school commisssoner's district 84 not liable for debts contracted, when 87, 124, 151 to be regarded as a town, when ' ' 168 not liable for costs, when ; 16 g liability of, limited 172 204 claims against, to be presented to common council. ....... ' 173 limitation of action on claims against ^73 Civil service law, The : definitions : use of terms in 274 duties : of public officers to conform to act 275 service : kin ds of. 276 classified city service : rulesfor 276 municipal service, commissioners for 276 appointments of commissioners, how made 277 mayor to approve rules for 277 authority concerning, restricted 277 examinations for, to be public. 277 municipal commission to control examinations for. ... . 277 state commission to appoint local commissioners to supervise, when. ... . o^r- , . .. 4( < state commission to prepare rules for, when 277 report of state commission's appointees 278 roster copy of, to be transmitted to state commission . . 278 removal of municipal ccmmissioners 278 x Index. PAGE. Civil Service Law, The— continued. appointments in case of removal of municipal commis- sioners 279 rules for, to be amended, etc., by state board, how. ... officers and positions under 280 action regarding amendments, etc., by state board. . . officers 'c exempt class : positions included under no exemption unless special mention made competitive class : positions included under appointments under, how made, appointments under, to conform to examination 281 examinations under, to be made 28 1 281 state service under 282 terms of eligibility under list of requirements in examinations for, to be prepared 282 intending competitors for, to file applications 282 contents of such applications certificates of physicians, etc., may be required to ac- 282 company application security for positions in ^ 28S exceptions from examinations under • 283, 284 284 promotions under • regulation of promotions under : " non-competitive class : ^ how composed appointments in, how made labor class: 285 m clties 285 vacancies in, how filled • in separate localities 2s> official roster : report of appointing officers : examination requisite to appointment * 28fi reports of appointing officers official roster of state commission, entries in, etc official roster of city commissions, entries in, etc 286 disbursing officers : prohibited from authorizing or making payment, to officers, etc., not certified 287 persons in public employment entitled to be certified . . recovery of moneys paid in violation of law 288 preferences : allowed honorably discharged soldiers refusal to allow, a misdemeanor, when power of removal: ^ limited ; 989 wrongs of, how remedied Index. Civil Service Law, The— continued. PAGE, misdemeanors: obstructing right of examination, a 290 false representations as to examinations, a ........ . .' .' 291 impersonations, a 292 recommendations for appointment or promotion: riot to relate to political affiliations 2 91 no discharge, etc., for refusal to contribute to ' political fund „ n . , 291 coercion by persons in service prohibited 3 92 political assessments : prohibited............ 292 persons in charge of public buildings may prohibit " " 292 punishment for violation of provision ... 2 93 officers or candidates not to promise influence,' etc."; definitions : promise or use of influence for certain purposes to be deemed bribery, etc 39g public officer using, etc. authority to coerce] etc ' Vote's' guilty of bribery ^ ' ^ punishment for such bribery oqo witnesses : attendance of f , •••••• 294 tees for non-payment of, etc g94 duties of public officials concerning enquiries before commission nni ^m4- taxpayer's action : not restricted proviso with regard to 394 saving clause, provisions of repeal, of acts, etc ■ 295 Claims. (See 'accounts.') Classified service. (See 'civil service law.') Clerk : of the city : appointment of salary and term of office of ' 52 his office a town clerk's office, etc. gj copies of records certified by, evidence. ... " ko records of, to be examined 15 powers and duties in general ' 50* 51 5 o duty in regard to accounts ' 1 67' 168 -assessment-rolls TZZZZ 50, 133 — appropriations for street improvements 56 57 — elections. ... ' ' ' . , ; 9, 10, 50 — special elections ldl xii Index. PAGE. Clerk — continued. to keep files of papers, etc ^ to report condition of funds duty in regard to drawing of jurors ^ to countersign licenses and warrants to keep account of city moneys, etc . to notify persons elected or appointed to office 10, 10 n, 54, 141 to notify inspectors of election as to polling places,etc. to deliver to chamberlain copy of resolutions relating to £ 51 finances 7- 26 50 duty in regard to ordinances ^ -resignations ■£ ^ — unpaid taxes ^ pro tern, may be appointed powers, duties and compensation of, as clerk pro tern.. 54 general statutes relating to and affecting : notices to be served on board may be served on , . 52 n clerk as to filing of marriage certificates, and fees &d n as to duties with regard to elections ° 3 n documents, etc., of justices' of the peace to be de- ^ posited with slips of laws, etc., to be sent to " K> :: enrollment of persons liable to military duty to be . ... . . 53 n filed with as to duties with regard to application of aliens to become citizens ^ n as to relief of poor veterans,by G. A. R 53 n as to duties in relation to taxes, etc 53 n as to filing of chattel mortgages with 53 n 50 of common council.. of public improvement commission 52 n, 188, 4U^ compensation and duties of. (See also, 'public improvement act.') of board of education, appointment of 73 powers and duties of • 73 > 74 ' /9 » ° ' of board of fire commissioners, appointment and salary of . . 121 Coasting : 16 regulated Cohoes Company : water from canals of ' refuse, etc., not to be deposited in its canals Combustibles : 9Q storing, etc., of, regulated Commissioners: to appraise damages for local improvements 148, loo Index. xiii Commissioners— continued. PAGE, qualifications and duties of I 4 g compensation of (See also, 'public improvement act.') Commissioners of deeds : appointment of : 27 62 powers, fees and term of office of ' 27* 62 oath of ' /?o 62 engineer and surveyor to be, ex-officio 56 general provisions of law relating to 62 n Common council : how composed ^ meetings of : annual, time of. -q regular, when held ^ special, how called presiding officer of _ _ ' j 0 proceedings of : who entitled to vote at, 22 minutes of, to be public ^ council to determine its rules of proceedure 12 quorum of \ ^ rules and regulations of Q votes of, on tax or assessment j2 to be judge of election of its members members of, not to vote money when fund is depleted 28 — guilty of misdemeanor, when 28 119 powers and duties of, viz : in regards to accounts against the city 14, 59, 166 167 — accounts of officers 15, 27, 41, 60, 6l' 166 — actions by and against the city. to restrain animals from running at large to regulate slaughtering of animals in regard to appointments (See also 'officers.') — assessments — assessment-rolls to prefer charges against assessors to employ attorneys, etc . . . . . to compel attendance of members to regulate auction stores and sales — bathing in waters of city — ringing of bells, etc , , — bicycle riding — billiard-rooms, bowling-alleys, etc in regard to bonds of officers to furnish books, etc., for public uses 138, 142 15 21 70 12, 24 132, 133 33 22, 26 13 16 16 22 16 16 24, 68 48, 51 x iv Index. PAGE. Common council— continued. in regard to buildings : purchase of ground for erection of public . 10 enchroaching on streets, etc • 17 numbering of i moving of, through streets u projection of, on or over streets 19 manner of erecting of.. to regulate the burial of the dead to provide for inspection of burning fluids . . 20 to enact by-laws, etc to license cabmen, cartmen,etc to regulate the speed of cars, etc ^ to manage cemeteries .. to provide for census of population : 4 in regard to claims. (See in regard to 'accounts.') to regulate coasting, etc ... to exercise corporate powers, etc. ; to prosecute upon contracts, etc .• ^ 1 members not to be interested in contracts H 9 in regard to corporations • 18 ' 160 ' 161 V . . 21 — c° sis _ 16Q — curbs and gtitters • to pay public debt. to contract debts and liabilities of city to prevent deposit and compel removal of dirt from streets, etc ^ ' to suppress disorderly assemblages, etc 14 to regulate taxing and muzzling of dogs to prevent immoderate driving i ! to suppress drunkenness in regard to duties of officers. (See in regard to ' officers. ') — board of education : to consider and act upon annual estimate of 79 to raise money for its use 80 > 81 to sell property on its recommendation 95 to provide rooms and accomodations for to judge of the election and qualifications of its own members ^ ^ n 7 28 28 in regard to election districts '> *°> * — elections : to defray expenses of ~ ' ^ to designate polling-places of to canvass returns of ^ — special elections. • — encroachments on Streets, etc ^ to license exhibitions, etc Index. xv Common council — continued. PAGE. in regard to expenses 21 170 171 to regulate sale and use of explosives ' 20 to fix fees of certain officers. ( See in regard to 'officers. ') to prevent defacement of fences, etc 21 in regard to board of fire commissioners : to raise money for buildings for 125 to approve sale of real estate of 123 to provide engine houses, etc., for fire companies. 23 to remove members of 120 to prevent discharge of firearms 22 to impose certain fines. .. to regulate sale of fish, etc to prohibit gambling to restrain gambling-houses • • • • • 168 21 16 14 to prohibit certain games, etc 21 to regulate the disposition of garbage \\ to prevent the swinging of gates over walks 19 to license hackmen, etc 15 to regulate hawking and peddling in streets ' ' 16 to appoint board of health \\' 2 13 as commissioners of highways . .... 146 to lease and sell hospital property 13 to suppress houses of ill-fame, and punish' keepers thereof 14 to appoint inspectors of election.. ... 2 3 39 to provide fail. ". .7 . . 23 ? 95 — for publication of laws, etc ' 2 4 to contract liability against city 13 to appropriate moneys for libraries, etc to grant, or empower mayor to grant, licenses '. '. '. . .' * . . 15 to revoke licenses to provide gas and other lights to regulate the sale of liquors ........... u — speed of locomotives \ to direct the digging down of lots ' .... to designate and alter numbers of lots to cause maps to be made of city and wards. . . . . . . to designate acting mayor to call meetings of inhabitants. to judge of election of members to prevent noise, tending to disturb the peace'. . . . 92 to prescribe the length of notices * to abate nuisances, etc in regard to officers : to appoint certain 22, 24, 26, 27, 63, 64, 109, 120 213 to audit accounts ^ ^ gQ 14 20 xv i Index. PAGE. Common council — continued. to examine accounts of , , f 24 68 to approve bonds of * » to prescribe duties of 14,15,50,53,55,56, 63 to elect certain, in case of tie vote 10 to fix fees and compensation of 14, 62, 155 to provide office rooms, etc., for ^ to remove certain, for cause, etc 13, 54, 57, 61, 70 to publish report of chamberlain 49 to examine statement of superintendent of streets ^ 57 to fill vacancies in office 63 * 64 to license omnibuses " to make, report, etc., ordinances ' to designate an official paper to lay out, etc., a public park in regard to paving of streets, etc 15 ^~ ^ to license pawnbrokers ^ to preserve peace and order to regulate peddling, etc. . in streets to designate polling places ■ _ to establish and regulate pounds to protect inhabitants and their property _ to purchase provisions for relief of poor in regard to public improvements : ^ st r\ etc .v::. 56 ' I.™ sldewalkS 162-165 sewers (See also, 'public improvement act.') concerning public property : ^ to provide for care of to control and manage * to insure ^ to repair ■ ' *" 1H orj to sell, lease, etc ••■ • 10 ' °' , ., . 16 to prohibit racing to repair railings at exposed places jj in regard to railroad companies to make regulations, etc - 15 to license runners, etc, to determine rules of proceedings to regulate the construction of sewers In regard to sidewalks : to compel removal of dirt, etc,, from ** to regulate use of . to license skating-rinks to direct location of slaughter-houses ' ^ to license stages, etc • ^ to provide station-houses, etc • ' J Index. Common coui as to acquiring land for burial purposes public libraries. — appropriations for Memorial Day. . . ; may consent to use of streets for railroad purposes as to voting machines Competitive class. 16, -continued. to regulate construction of stoops, etc to fix stoop-line to regulate the storing of combustibles in regard to streets : to cause them to be ascertained and recorded to lay out, make and open to cause, to be surveyed to pave, etc. to designate and alter names of, to advertise for bids for paving and grading. ..... encroachments, etc., on to prevent deposits in to prohibit projections over — hanging goods, etc. , over in regard to taxes : to issue warrants for to raise for city purposes to insert in levy amount required by plumbing board . . to raise extraordinary to re-assess. to collect by action " 138 to regulate the stringing of telegraph and telephone "poles! — planting, etc., of trees to provide for the punishment of vagrants. to reconsider veto to establish boundaries of wards to prevent pollution of waters to provide for general welfare to regulate use of weights aud measures , — places of weighing powers and duties under general statutes : as to appointment of members to office — auction and auctioneers — construction of lift bridges over canals — regulating interment in cemeteries. — payment to charitable institutions — investigating diseases of cattle — extra compensation to public officers — refunding bonded indebtedness of city XVII PAGE. 19 25 20 147 147 147 152 17 156 17 17 19 19 24 180 241 131 137 142 21 21 14 30 16 16 14 24 20 25 n 25 n 25 n 25 n 25 n 25 n 25 n 25 n shall add judgments to tax levy 2 5 n 25 n 25 n 25 n 25 n 25 n (See 'civil service law.') xviii Index. PAGE. Constables : designated ward officers jj election of • ^ term of office of 1 powers and duties of : i OO in general in relation to collection of taxes and assessments 38, 136 — sale of property for unpaid taxes 136, 145 Contracts : to be prosecuted by common council y of city to be executed by the mayor : city officers not to be interested in 61, 67, 89, 119, 208 security for, to be given 89, 156 work to be done by 89, 156 board of water commissioners may make HO, 111, 116, 117 chamberlain directed to pay sums due under 166 of public improvement commission, to be executed by chair- 188 man • • • ( » powers of overseer of poor in regard to Disturbance of the peace : punishment for • Dockets : 3g of justices of the peace to be open for public inspection 6 > ^ of the recorder Dogs : 15 taxing, muzzling and confining, etc., ot Drains. (See ' sewers,' also, ' ordinances passed by the com- mon council ' and ' ordinances of the board of health.') Draymen : 15 to be licensed Driving : A at an immoderate rate, prohibited • (See also, 'ordinances passed by the common council.') Drunkards : p to be punished by the recorder duty of overseer of the poor in regard to Education : city may take and hold property in trust for purpose of ... . Education, Board of : ^ official style of. ^ how constituted ^ Q meetings of, when and where held . ~ £ " & quorum 01 ^ vote required in certain cases president of, when and how elected ^ powers and duties of 1 ' president pro tempore, when appointed clerk of, appointment and term of office duties of, as clerk and librarian 73 > f 74, 82 salar yof 9 o rooms, etc., for, to be provided by common council members of, how removed from office ^ personally liable, when not to be interested in contracts guilty of misdemeanor, when . not to receive compensation general powers and duties of board, viz : to receive bids for work, etc 79, 80, 83. 84, 89 Index. xxi Education, Board of — continued. PAGE. to pay contingent expenses go to fix the grades of study 7g to pass ordinances, etc 35 in regard to non-resident piipils 87 to make rules for government of schools 76 to supply and purchase school apparatus 80, 82 to purchase sites for, build, lease, alter, repair and im- prove school houses 82 to have custody of school libraries 72 to apportion school moneys to certain uses . 81 to recommend sale of school property 84 to establish and organize schools 83 to superintend and manage schools 84 to report to state superintended 84 to appoint superintendent of schools 75 to license, employ, pay and remove teachers 83, 84 to examine teachers 75 77 in regard to text-books 79 80 83 — vacancies in board 71 rules and regulations of 357 n Election districts : change of ^ 23 polling places in, to be designated 7^ g' n Elections : common council to designate polling places of . 7 annual election, when held. 7 inspectors of, no longer elected . 7 n — to be notified \\ g notice of , to be published and posted 8 duties of inspectors in reference to 8 9 time of opening and closing of 8 8 n who entitled to vote at 8 canvass of votes at q expenses of, how defrayed 23 duties of police board in regard to 93 jo5 — police force at 100, 10l[ 105 crimes on day of, how punished 10g special, for certain purposes : in case of tie at annual first in sixth ward 10 jj to raise money for extraordinary purposes V6\ to construct main sewers 1 — how conducted. g, 9, 131, 164 Electric lights : location of 405-410 xxii Index. PAGE. Encroachments : on streets, etc., removal of * l (See also, ' ordinances passed by the common council.') Engineers : engineer and surveyor of city : appointment of *°» 00 general powers and duties of to keep books and records of streets, etc 55 to be ex-officio commissioner of deeds 56 salary of bond and sureties of to perform duties required by public improvement com- 20Q mission chief engineer of fire department, appointment and salary of 122 to be fire marshal duties of 125, 126 inspection of fire escapes, by 126 n assistant engineers of fire department, appointment and salary of • • ■ • 1 of public improvement commission 188 Engine houses: to be provided by common council 4,1 (See also, ' ordinances passed by the common council.') Exempt Class. (See 'civil service law.') Exhibitions, etc. : to be regulated by common council 15 ( See also, ' ordinances passed by the common council.') Expenses : of elections to be defrayed by common council ' ; of connecting water pipes H 6 of water board, how regulated 110 of street improvements 148, 151, 152, 156, 157 (See also, 'public improvement act.') of constructing sidewalks. 1^8 of cleaning streets 1^1 of constructing and repairing, etc., of sewers 163, 165 of preparing charter act, how defrayed ™ of health board, how audited and paid 216, 217 of abating nuisances, how recovered 221, 222 of plumbing board. (See ' general city law.') (See also, ' fines.') Explosives : sale and use of, regulated ( See also, ' ordinances passed by the common council.') Farm lands : assessment of 130, 132, 166 Index. xxm Fees PAGE. 21 169 169 169 of certain officers, fixed by common council 14, 62, 155 receivable by justice of the peace 36 received by the recorder, how disposed of 40 demandable by the recorder 41 42 — to be paid by chamberlain into treasury 49 attorney and counsel, to be paid to chamberlain 54 — accounted for by city attorney 54 'not to be retained by police force. ......... .... 102 to be added to unpaid taxes 135, 136, 143 ? 144^ 161 how collected 135f 138f 139f 152> ' lg7 ' 16g Fast driving. (See ' driving.') Fences : defacement of, prohibited. aldermen and supervisors, viewers of 36 31 (See also, ' ordinances passed by the common council.') Fence viewers : who are duties and compensation of Fines : collection of imposed by the recorder, how disposed of to whom payable, etc under ordinances of the board of education imposed upon police force. . , — upon water commissioners for exceeding powers 117 — upon fire commissioners for exceeding powers 124 — upon corporations 161 — for violating rules of board of health 216 for damage to water works for violation of fire law ^ Fire alarm boxes : location of Fire alarms : districts to be established ... 13 g penalty for giving false 12 6 (See also, 'ordinances passed by the common council.') Fire apparatus : to be provided ^ (See also, 'ordinances passed by the common council.')' ' Fire arms: discharge of prohibited 22 (See also, 1 ordinances passed by the common council.') 21, 41, 85 40 42 85 104 112 126 xxiv Index. PAGE. Fire companies : engine houses, etc., to be provided for. 43 establishment, equipment, membership and organization of. 122 payment of tax to, by foreign fire insurance companies. . . 130 n Fire commissioners, Board of : how constituted H9 president of board, powers and duties 119, 120 clerk of, appointment, salary and removal of 121 r 1 21 quorum of ±vX vote of, required in certain cases 121, 122 money to be appropriated for use of 123 125 as to members of : mayor to be one of the 31, 119 fire commissioners, appointment of 120 term of office of 120, 121 qualifications of . . . 119 removal of ' 120 vacancies in office, how filled 121 to serve without compensation 121 to enter on duties of office, when 121 powers and duties of board, viz : in regard to buildings for use of board 123, 125 to appoint and fix compensation of a clerk.. 121 in regard to contracting debts, etc 124 to appoint and prescribe duties of chief engineer and assistants 122 in regard to expenditures 121, 122, 126, 127 to control fire department and its property and to pre- scribe rules for its government 123 to define fire limits •. 128, 129 to fix compensation of, and remove, firemen .. ....... 122, 123 general powers and duties 123 to conduct investigations into causes of fire and con- duct of subordinates 127 to dispose of and acquire property 123 to report to common council 126 to make rules for government of board 122 rules and regulations of 367, 372 Fire department : how constituted and controlled 122, 123 Fire limits : buildings with roofs within, to be of what materials 128, 129 boundaries of to be defined and published 128 location of. • ■• 373 Fire marshal : chief engineer of fire department to be 125 duties of, as such 125, 126 Index. X xv Firemen : PAGE compensation and removal of , 122 123 duties of moving of from one city to another 123 n (See also, 'general city law.') Fires : water for extinguishing !09, 114, 116 cause of, to be investigated 127 128 (See also, • ordinances passed by the common council.') Fiscal year : change of „ \ 31 n Fish. (See 'ordinances of- the board of health/) Flag. (See ' ordinances passed by the common council.') Flagman : to be kept at railroad crossings 19 Food Stuffs. '(See ' ordinances of the board of health.') Funded and bonded debt. (See ' general municipal law.') Funerals. (See 'ordinances of the board of health.') Gambling : houses of. to be repressed 14 prohibited 10J (See also, ' ordinances passed by the common council.') Games: certain, to be prohibited _ _ 21 (See also, ' ordinances passed by the common council.') Garbage : disposition of, to be regulated jg (See also, 'ordinances passed by the common council ' and ' ordinances of the board of health.') Gardens, public : city may take and Hold land for ................ g Grades : record of, to be kept 55 common council may establish . ., , 152 when established, how changed 155 expense of change of, how determined and collected. ...... 155, 156 (See also, 'public improvement act.') Gates : to be kept at railroad crossings 19 (See also, ' ordinances passed by the common council.') xxvi Index. PAGE. General City Law, The : appropriations : under article, how made 250 bridges: proposition to borrow money to build 243 common council to submit proposition to build 243 electors to decide to build 243 special meeting to decide on, when and by whom held . 243 notice of submission as to 244 ballots in regard to .... 244 polls to open when 244 certificate of result 244 erection of : .' 245 acquisition of lands for 245 issue of bonds for 245 bonds for, a lien on property 245 tax for... 245, 246 to be free 240 certain exempt 246 certificates and licenses : expiration and renewal of 240 length of renewals of 249 certificate of competency must be obtained 242 licenses to connect with sewer 242 city bills : day for hearing concerning, to be fixed by mayor .... 233 notice of hearing on, to be given 233 notice of hearing on, how served , 233 hearing on, before whom 233 opportunity to be heard on, to be given 233 return of, when and by whom made 233, 234 certificate to be attached to 234 certificate to be signed by whom 234 duties of clerk in regard to 234 expense of hearing on, to be paid, how 235 contracts : city officers not to be interested in 228 penalty for violation of above 228 firemen : removal from one city to another 232 certificate of service to be signed by whom . . , 232 term of service, how reckoned 232 privileges and exemptions, entitled to 232 licenses for retailing goods on boats : common council to charge and collect 231 common council to fix charges 231 what goods, etc., exempt from 231 Index. X xvii General City Law, The— continued. PAGE. ordinances to prevent selling- without 231 penalty for violation of section 231 memorial day : common council to appropriate for observance of . . 231 amount to be appropriated for 931 money for, how expended -231 bills for expenditures for, to be audited by whom 231 money appropriated for, how raised 233 parades and processions : certain forbidden 228 certain regulated 228 duty of police regarding 229 penalty for violation of section 229 plumbers, board of : existing continued 236 appointed by whom 236 how composed. 236 term of office of 236 vacancies in ogg ex-officio members of 236 compensation of members 237 qualifications of members 237 powers and duties of members of 237 meetings of 237 jurisdiction of 237 certificates of competency to be issued by 937 rules of 238 fees charged by 238 examination by ogg expenses incurred by board : a city charge. 241 how collected, etc 242 quarters to be procured 241 stationery, etc., to be found 241 clerk to be employed 241 registration of plumbers : when required 228 where 238 cancellation of 239 hearing in complaint against 239 inspectors of plumbing : appointment by whom 239 qualifications of 239 compensation of 239 duties of 240 xxviii Index. PAGE. General City Law, The— continued, rules : notice of violation of 240 notice of violation of, how served 240 proceedings when violation not removed 241 plumbing and drainage to be executed according to. . . 241 violation of, how punished 242 supervisors : term of 228 when elected 228 witnesses : committee of common council, power as to 229 who to administer oath, to 229 OOQ who may serve on summons for, how served, etc. 230 fees for 230 attachment for, in contempt 230 proceedings in attachment against 230 women : detention of 247 woman defined 249 station houses for 247 station houses for, how designated 247 separate accommodations for 249 proceedings in case of 249 jurisdiction of court in case of 249 police matrons : • 94.7 mayor to appoint number to be appointed 247 qualifications of 247 term of service of 248 salary of ■. 248 vacancies in 248 to reside where 248 duties of 248 under what authority 248 General Municipal Law, The: bonds, municipal : e 254 issuance or signed by whom and how . 254 registry of 255 fee of clerk for registration of 255 payable to whom 255 conversion of coupon bonds 255 defects for invalidating. 256 debt, funded and bonded : not to be contracted, when 252 Index. xx i x General Municipal Law -continued. page. how and when paid 252 substitutions in case of 953 certificate of, to be issued and filed. 254 indebtedness : limitations of 252 judgments against municipality : payment of 05(5 as to collection of 256 n liability for damages : for property destroyed by mobs, etc 257 negligence an element in 257 limitation of time to recover 257 of officers, when incurred 257 loans, temporary : not to be negotiated except in anticipation of taxes 253 when payable 250, non-residents : discrimination against, void 258 certain cases not regarded as discrimination against. . , 258 peddling and hawking : of farm products by producer, not to be regulated 258 hay and straw excepted 258 pending actions in relation to, not affected 259 wagons used for, not to stand in front of stores 259 property, municipal : condemnation of 2^7 to be insured, when and by whom 257 for library purposes, etc 257 free public libraries to be established 257 may be leased to grand army posts 258 who to fix rental of „ 258 terms : use of, employed in this act 252 Graves. (See < ordinances passed by the common council.') Groceries. ( See < ordinances passed by the common council. ') Grounds, public : purchase of . . . . • 16 survey and establishment of 16 planting of trees in 2l .common council to lay out, etc 147 expense of paving, how defrayed 152 153 (See also, 'public improvement act.') Gutters : dirt, etc., to be removed from 17 (See also, < curbs, ' and ' ordinances passed by "the'common council.') xxx Index. PAGE. Hackmen : 1 5 to be licensed ; • • • Hawking : in the streets regulated 16 » 258 > 321 - 322 Hay and straw : ordinances regulating peddling, etc., of • • 258 (See also ' ordinances passed by the common council.') Health : city may take and hold property for the purposes of 6 local boards of. (See 'public health law.') Highway and bridge fund : 1 fi^ to be how set apart • • • • Highways, Commissioners of : powers and duties of ^® Highways. (See ' streets.') History of local legislation : local statutes enumerated 396-404 Hook and ladder companies : 1 92 establishment of LnJfy (See, also, ' ordinances passed by the common council.') Horses. (See ' cattle.') Hospital : common council may lease or sell I 3 — issue certificates of indebtedness for purposes of 298 acts in regard to city hospital 297-303 lease of, to Cohoes Hospital Association, legalized 303 Hospital commissioners : appointment and term of office of 2 97, 298, 302 nominations of, when .confirmed 298 > 302 powers and duties : to acquire property for hospital ^ in general 297, 298 to select site for hospital 297, 301 to erect, etc., hospital to lease buildings 2 " terms of to cease ° Houses of Ill-fame: suppression and restraint of 14, 101, 342 n (See also, ' ordinances passed by the common council.') Hydrants : duty of city engineer in regard to 55 to be furnished and placed for the extinguishment of fires. . 109 Ice. (See ' ordinances passed by the common council.') Index. xxxi Indebtedness: PAGE certificates of, to be issued by common council 81, 298, 305 limitation of 204 25^ Indigent persons : support of 59 Infants : petition for sale of lands of „ -^61 Infection : provision against, to be made. . ........... 219, 220, 348, 349, 350 Injunctions : may be granted by the recorder, when ... 129 130 inspectors of Election: designated district officers. ^ « how elected 6j ? . n> 38? 39> ' 3 J n duties of, in reference to elections. 8 9 -in general 7. 7 . 7 38<1 39 appointment of third 3 g — in new election districts 23 inspectors of plumbing. ( See general citv law. ) Jail : to be how provided and maintained 23 to be in charge of board of police commissioners ,95 Jailor : compensation of. .... . , .... . ge- station house keeper to be 95 to verify statement of expense, etc , . . qq Judgments against municipality. (See general munici- pal law.') Jurors : return of — 168, 169 not disqualified by residence. Justices' of the peace : designated city officers , g electionof ...V.;"' 7.7.7 ^'io! 34, 34 n •common council to provide rooms for , 23 no jurisdiction in criminal cases , 34 term of office of " ^ jurisdiction and powers of 34 35 112 docket of ' ' ocr , , " " - • ■ 35 bond and oath of 35> 63> 68 fees and compensation of 3f » to be designated to act in place of the recorder. .77777 41 powers and duties of, as acting recorder.. 77 41 account of, as acting recorder to be audited. ... 41 xxxii Index. PAGE. Justices' of the Peace — continued. not disqualified by residence 170 general statutes affecting : exempt from jury duty. . . 34 n may act as coroner, when 84 n may not take fees for advice 34 n may solemnize marriages 34 n shall not induce suits 34 n tavern keepers not to act as 34 n may administer oaths, and take acknowledgements ... 35 n docket of, as evidence 35 n justices' courts and proceedings therein 35 n removal of from office 35 n may be appointed to take depositions, when 35 n Lamps : electric light, location of 405-410 (See also, ' ordinances passed by the common council.') Lands : to be sold for unpaid taxes. (See ' property.') to be used by water commissioners. (See ' property.') may be taken for public improvements. ( See ' public improvement act.') Leases, for city : to be drawn by city attorney . 53 to be executed by mayor 28 Legislation, History of local : local statutes enumerated 396-404 Liability : of city limited US, 173, 204 (See also, ' debt ' and 'general municipal law.') Librarian. (See ' clerk of board of education.') Libraries: common council may appropriate money for. 22 general statutes relating to 73 n Licenses : to be revoked by common council 18 to be granted by common council . . 23 execution and revocation of, by mayor 28 to be countersigned and entered of record. 51 (See also, ' general city law,' ' ordinances passed by the common council ' and ' rules of board of plumbers.') Lighting of streets. contract for 405 location of lamps 405-410 16 Index. xxxiii Limitation of indebtedness : page • - - 204 Loans. (See 'general municipal law.') Local improvements. ( See pp. 146-166, also, 'public im- provement act.') Locomotives : speed of, regulated (See also, < ordinances passed by the common council ') Lots : numbering of Lounging. (See ' ordinances passed by the common council, ') Lunatics : powers of overseer of poor as to care of ..... Magistrates : the mayor a recorder to exercise powers of duty of, in committing witnesses. Manure. (See ' ordinances passed by the common council. 1 ) Manufactures. (See ' public health law. Maps : common council to cause to be made city engineer to make to be the property of the city required under public improvement act Mayor : designated a city officer election of 6 a member of certain boards jl' 81, 90,' 108,' 119,' 213 to be chief executive of city is a magistrate term of office of to serve without compensation oath of office of 16 55 56 195 6 10, 31 appointments by , 2 9 n, 32, 39, 41 70 powers and duties of: 28 28 31 31 63 276 90 119 213 as presiding officer of common council 12 — of board of police commissioners — of fire board — of local board of health to vote in common council, when. 13 to approve or disapprove measures passed by the com- mon council _ 13 29 30 may not veto appointments of common council ' 30 n in case of riots ^ xxxiv Index. PAGE. Mayor — continued, in general oo in regard to licenses *° to execute deeds, bonds, etc., of city. *° to report to common council 31 to keep account with appropriations - • 5 4 to accept resignations to nominate members of board of health 213 under plumbers act ~' J J to appoint recorder and acting recorder 39, 41 — members of fire board 12 ^' 121 — board of education • ■ • ' * — civil service commissioners to approve rules of civil service commission 277 acting mayor, powers, etc., of ■ 31 powers and duties of, under general statutes : 28 n as to acknowledgements — apprentices 38 n — certificates for police, etc . 28 n — depositions 28 n — license to carry fire arms ^° 90 n — administering oaths — solemnization of marriages 28 n — station houses for detention of women. . . 28 n as to appointments of : examining board of plumbers • 29 n inspectors of election 29 n municipal civil service commissioners 29 n 2Q n police matrons trustees of free public libraries 29 n in relation to : applications for admission to state institutions for the blind 29 n applications for railways within city 29 n apprentices 29 n bonds of auctioneers. 29 n certain employments of children. 26 n concealed effects of decedents , 29 n disorderly persons 29 n extension of term of agent of commissioner of 29 n agriculture National Guard, in case of riot, etc 29 n summary dispossession of tenants 29 n duties in relation to hearing on city legislative bills 29 n entitled to copies of session laws 29 n Meats : sale of, regulated 347 ' 348 (See also, 'ordinances passed by the common council.') Index. (See « ordinances passed by the common council.') XXXV PAGE. 11 72 90 215 237 131 114, 115 115 Measures. Meetings : of the common council — board of education — board of police commissioners — board of health — plumbing board special, of inhabitants 14 (See also, ' rules and regulations of the several boards.') Memorial day. (See ■ general city law.') Meters : may be attached to water pipes, when expense of, how paid to be property of city Misdemeanors : certain persons guilty of, when : members of the common council — board of education — board of water commissioners H7 under public health law — provisions relating to plumbers for offenses against electoral franchise (See also, ' civil service law.') Moneys, Public: collected in actions on bonds or recognizances to be received by the chamberlain receipts and payments of, to be reported by chamberlain, deposit of to be set apart for certain purposes 80 123 payments of, by chamberlain, how made. 48, 87, 102, 113^ 124' to be raised for extraordinary purposes — for water purposes — for public improvements (See also, ' school moneys. ') Monuments : city may take and hold land for the erection of $ Municipal law. (See ' general municipal law.') Municipal property. ( See ' general municipal law.') Municipal time table: calendar of dates of official acts and duties 412-414 Newspapers : official, to be designated 23 files of, to be bound, etc 5 q notices, etc., to be published in 8, 25, 26, 128 129 132 133 135, 141, 143, 146, 149, 154, 157, 159, 163, 175, 189,' 190,' 191 199, 201 115 119 89 119 242 242 106 47 48 48 49 162 208 125, 305 113 205 xxxvi Index. PAGE. Noise : 99 common council may prevent Non-competitive Class. (See civil service law. ) Non-residents : cannot hold office • *>3 . pupils, may attend school ^< — their number to be reported notice to, how given 135 ' 144 (See also, ' general municipal law.') Notices : of polling places, to be given ' . ° —elections to be given 8 . 10 ' 131 to persons elected or appointed to office 10, 52, 121 common council to prescribe length of 24 to be published by the clerk 50 of completion of assessment-roll, how given 132, 183, 201 — receipt of assessment-roll 135, 143 — public improvements to be given 148, 157 — sale of property for unpaid taxes 136, 180 — for payment of judgments under health law 222 of report of commissioners to assess damages 150 to parties appearing in proceedings 150 to construct sidewalks ^8 — curb and gutter 160 1 of intention to construct sewer iDO — the hearing of grievances 115, 148, 157 Nuisances : abatement of, authorized 20, 223 suppression and removal of 221, 222 (See also, 'ordinances passed by common council,' 'public health law ' and ' ordinances of board of health.') Numbers : of lots and buildings 17, 319 Oaths : may be administered by sundry persons. 27, 34, 42, 61, 92, 127, 215 of office, must be taken and filed 32, 40, 52, 62, 63, 98, 121 (See also, ' public officers law.') Obstructions. (See 'ordinances passed by the common council.') Offal. ( See ' ordinances passed by the common council.') Office : no person to hold but one 6 ^ the holder of other office may be commissioner of deeds 62 may be by whom held appointments to, by mayor, when and where filed. . / ^ Index. xxxvii Office— continued. PAGE. — by common council, vote required, for 70 vacancies in, when to occur 63, 68, 109, 121, 214, 236 - howfilled 63, 64 (See also, ' public officers law.') Officers : city, ward and district, designated g duties of, to be defined, etc 14, 15, 53, 55, 56, 62 certain, to be appointed by common council, enumerated 24, 26, 27 — elected by common council in case of tie 1() special election for, in case of tie. . . removal of sundry, how effected . 13, 33, 47, 54, 57, 70, 71, 98, 113 accounts of, to be examined '27' 69 elective, provisions affecting 28-39 appointive, provisions affecting. 39-62 miscellaneous provisions relating to '. . 63-90 bonds of sundry 33, 37, 49, 63, 68, 113 — sufficiency of, to be determined by common council 24 oath of office of 35 not to be interested in contracts 61, 67, 89, 119, 208, 209* 228 not to enter upon office till security given and approved ... 66 not to promise influence. (See ' civil service law.') term of office, when to begin 54 term of office, when to expire 54 not to receive, consideration for vote 67 not to receive fees for oaths, etc., when 69 70 residence of ,~ A • /0 11 expenses of, in legal proceedings 70 to continue in office, when charter takes effect, with same powers, etc ^qq — till successor appointed, etc 7q to deliver property of city to successor 68 to hold but one office at same time . 62 68 109 salaries of, when payable 69 101 to comply with civil service law „ 275 subject to examination under civil service law, when 281 (See also, 'public improvement act ' and ' public officers law.') Official roster. (See 'civil service law.') Orders. (See ' ordinances.') Omnibuses : to be licensed 1^ Ordinances, (By-Laws, Orders.) : of the city, to be published. . _ 23 24 50 — to be approved or disapproved by mayor 12 29 — to be copied by the clerk 26' 50 — effect, when not approved . . . . . 30 xxxv iii Index. PAGE. Ordinances — continued. — to be enforced by police commissioners and police 94, 101 — by penalties prescribed ^ — to continue in force till changed, etc . 170 may be made, etc., by common council 25, 26, 198 — by the board of education 85 . • 119 — by board of water commissioners — by the board of health 215 Oft certified copies of, evidence how and where violations of, tried 46- how proved, in actions before recorder • 46, 341 n requiring connections with sewers respecting removal of pavements ■ ■ 1^8 Ordinances passed by the common council : application of 321,340, 341 penalty for violation of ■ 340 > 341 evidence of • n repeal of. .• '-' ' subjects of enumerated : when in effect. 341 advertising matter : strewing of on streets, prohibited 319 agent : carrying on business as n alarms : to be attached to bicycles 333 of fire, giving of false, prohibited 326 amusements : to be licensed 336 animals : dead, not to be cast into streets, etc 311, 312 dead, not to be deposited in city limits 327 running of, at large prohibited 331 impounding of stray redemption of, by owner 333 failure to provide food for impounded, punished. . 332 n (See also, 'cattle.') areas : to be guarded 316 extending over sidewalks, regulated 316 ashes : not to be deposited, or remain, upon streets 312, 320 may be strewn over ice, etc., on sidewalks 314 disposal of 331 (See ' dirt,' ' rubbish,' ' garbage.') assemblages : ♦ in engine or hose houses restricted 325 7 326 Index. xxxix Ordinances — continued. PAGE, auctions and auctioneers : provisions relative to 343 n automobiles : speed of, regulated 316 awnings : construction and maintenance of regulated 313 badges, etc., of fire department : not to be worn without permission 326 ball alleys : to be licensed 337 ball playing : on streets, etc., prohibited 318 on Sunday, prohibited 337 bankrupt stock : retailing of, to be licensed 338, 339 barber shops : to be closed on Sunday 342 n bathing : in exposed places, prohibited 327 bay windows : extending of , over sidewalk regulated 316 removal of, how effected 316 317 bicycles : riding of, regulated 323. 324 billiard rooms : to be licensed 337 bill posting : regulated 335, 336 mayor to license 335 boats : retailing goods on, license for 342 n bonds : to accompany application for placing building material on streets 3^ to be furnished by bill posters 336 bone establishments : to be abated when nuisances . 329 bowling alleys : to be licensed 337 boxes : for gas and water, construction of, regulated 318, 319 for manure, to be used by occupants of stables 330 placing of, on sidewalks 3 31 bread : weight of prescribed 340 brick kiln. (See 1 pottery.') xl Index. PAGE. Ordinances — continued, bridges : fast driving over, prohibited 318 defacement of, prohibited 342 n building materials : obstruction of streets with, regulated 309, 310, 312 buildings : moving of, through streets, regulated 314, 315 erection of, in highways, etc., prohibited 317 numbers of, regulations as to 319 butcher shops : to be closed on Sunday 341 n candle manufactories : to be abated when nuisances 229 cannons. (See 'firearms.') cars : obstruction of crossings by, prohibited 315, 316 rate of speed of, prescribed 316 cattle : running at large of, prohibited 331 impounding of, in city pound 331 redemption of, by owner 332 sale of, at city pound 332 cellars : unwholesome substances not to remain in 328 cellarways. (See 'steps.') chimneys : burning out of, regulated 325 circulars. (See ' advertising matter. ') crossings : obstruction of, by cars prohibited 315, 316 crosswalks : to be kept free from vehicles 317 curbs : construction of, regulated 31b cycle tires : injuries to, prohibited 324 n definitions : enumerated 341 detectives : licensing of private 341 n digging : of streets, etc., regulated 31 0 dirt and rubbish : removal of, from, streets, etc 310, 312, 318, 320 disposal of 310, 311, 330 deposit of, on streets prohibited oil, Oia streets not to be littered with 319, «MO Index. xli ^ . , PAGE. Ordinances — continued. disinfection : of vaults required 30Q dodgers : (See ' advertising matter. ') drains. private not to enter public sewers without permission . . 337, 338 may be shut off by common council 338 driving : on sidewalk prohibited „ 314 at an improper rate, prohibited 317 over bridges, regulated . . ... 31g over hose, prohibited , 326 encroachments : to be prevented. . . ; _ 316 3^7 removal of 3^g 3^7 engine houses. lounging in, prohibited . . 325, 336 exhibitions : to be licensed 336 (See in regard to ' amusements, ' ' circuses. ') explosives : use of, within limits prohibited 495 fast driving. (See ' driving,') fences : within line of highway, prohibited 317 ficticious and assumed names : using of regulated 339 n filth. (See 'rubbish.') fire alarms : false, prohibited 32g fire apparatus : to have right of way. 32g who may run with, or assist in dragging 326 fire arms : discharge of, prohibited 325 carrying of.... 341 1, fires : in yards and outbuildings, regulated 334 kindling in streets, etc., prohibited 325 flag : desecration of prohibited 342 n foreign, on buildings 342 n food : . unwholesome , not to be sold or given away within city 330 fruit : unripe, sale of prohibited 33^ gambling apparatus : keepingof.., _ 337 n xlii Index. PAGE. Ordinances — continued, games : playing on Sunday, prohibited 336 garbage : disposal of 331 gas boxes : to be level with sidewalk 318, 319 location of 31 ^ gates : extending of over sidewalks, etc., regulated 316 geese; goats. (See 'cattle.') goods : hanging of over sidewalk regulated . 323 retailing of damaged, to be licensed 338, 339 graves : depth of, in city, regulated 328 groceries : peddling without license, prohibited 321 , 322 guns. (See ' firearms.') gutters : to be kept in repair by owners of lots 311 removal of snow and ice from 313, 314 material and construction of 318 filthy water, etc., not to stand in 328 not to be obstructed 338 hand bills. (See ' advertising matter.') hawking : in streets, regulated 321, 322 hay and straw : adulteration, sale and weighing of 342 n highway. (See 'streets.') hook and ladder companies : premises of, not to be entered without permission 325, 326 horses: (See ' cattle.') immoderate driving of l] running of on highway, a misdemeanor 317 n hose : driving over, prohibited 326 houses of ill-fame : keeping of, and of disorderly houses, prohibited 342 n ice : removal of from sidewalks and gutters 313, 314 interments. (See ' burials.') kites : flying of in streets, etc., prohibited 318 lamps : on bicycles, etc "^3, 324 Index. xliii Ordinances— continued. PAGE, licenses : for peddling, etc 32 o for bill posting g._^ for shows, etc m t for public billiard tables, ball alleys, etc 337 for retailing bankrupt, damaged or assigned goods 338, 339 for retailing goods on boats ' 342 light : to be attached to bicycles 323 324 locomotives : obstructing street crossings by, prohibited 315, 31 6 speed of, regulations as to ' 3^ not to be driven over fire hose 32(3 lounging : on streets, alleys, hallways, etc, prohibited . 314 in engine houses, prohibited _ ,.225 326 manure : kind of vehicle for transporting, in streets, prescribed . 320 removal of Qon piling of on lots, prohibited 329 339 stables to have boxes for _ ' 33Q measures : inspection of... 3g2 ggg meats : peddling without license, prohibited 321 322 unwholesome not to be kept on premises '328 merchandise. (See 'goods.') names. (See ' fictitious and assumed names.') night-soil : removal of, regulated . . . 33Q nuisances : not to remain on streets, etc 312 abatement and removal of „ . _ 3 2 g 329 numbers : of buildings, regulations as to obstructions : not to be placed on streets, etc m?> offal : deposit of in streets, prohibited throwing of in Cohoes company's canal or city reser- voirs, prohibited , 3^ not to. remain on private premises (See also, 'garbage.') offensive substances : throwing, etc., of in streets, etc., prohibited not to remain on private premises removal thereof provided for 119 312, 316 311, 312 327 329 327, 328 329 329 xliv Index. PAGE. Ordinances — continued, oil : transportation of, over paved streets, regulated 321 parades : on Sunday ■ " 342 n pavements : removal of. 3 * 5 n peddlers : unlicensed, etc 32 * n peddling : regulations, licenses 321, 322 pennies : pitching of, in streets, etc., prohibited 318 permits : to place building material, etc., on streets 310 to occupy the streets, etc., for the selling of wares 313 to throw ashes, etc., on sidewalks 314 to remove buildings 314, 315 to tear up streets, etc 31° to wear badges of fire department 326 petroleum : keeping and storing of 342 n pistols. (See 'firearms.') police : duty of, in regard to digging up of streets 315 to drive estrays to city pound 331 police signal apparatus : improper or false calls on, prohibited 326 porch. (See 'steps.') posts : erection of, for awnings, regulated 313 potteries, etc. : when nuisances to be abated and removed 329 pound : animals running at large to be driven to 231 owner may redeem cattle driven to 332 sale of cattle at 331 » 332 poundmaster : duties of. 331 > 332 quoits : pitching of, in streets, etc., prohibited 318 refuse : from manufactories not to be thrown, etc., in public- waters or places 32 t, 328 not to be disposed of with ashes . 331 (See also, ' rubbish.') repairs : to sidewalks and gutters 311 Index. x ] v P A C K Ordinances— continued, riding : driving of horses, etc., immediately 317 of bicycles immoderately prohibited 323 rifle. (See ' fire arms. ') roads : rules to be observed by cyclists. 324 roofs : within fire limits, of what to be constructed 325 rubbish : deposit of, in Cohoes company's canal or city reservoir prohibited og^ sabbath breaking : a misdemeanor n sand : may be thrown over sidewalks, when 31 4 sealer of weights and measures : duties and compensation of 332, 333, 334, 335 sewers : draining into by individuals, regulated 337, 333 obstruction of, prohibited 333 sheep. (See ' cattle.') shows : to be licensed (See also, ' exhibitions.') sidewalks repairs of, by owners of lots required 311 obstruction of, prohibited 312, 316 hanging of goods, etc., over, regulated 313 construction of awnings over, regulated 313 abutting owners to remove snow from . 313 314 driving on, prohibited ' 314 digging up of, etc., regulated 315 erection of stoop, gate, bay window, etc., on, regulated 316 material and construction of 31 g water and gas boxes, etc., on 318 319 riding of bicycles over, prohibited 323 slaughter houses : to be abated when nuisances 329 smoke-houses : to be abated when nuisances 329 snow : to be removed from sidewalks, etc 313 314 steps, stoops, etc. : extending of, over sidewalks, regulated 31(3 straw. (See ' hay.') PAGE. Ordinances — continued, streets : obstruction of, with building material, regulated 309, 310 dirt, rubbish, etc., removal of , from 310, 311, 320 — not to be deposited on 311 decayed matter in, to be removed 311, 312 ashes, garbage, etc., not to be deposited on 312 nuisances in, prohibited 312 obstructions of, etc., prohibited 312 sawing or splitting wood in, prohibited 312 obstructing with awnings, etc., prohibited 313 lounging on, etc., prohibited ." 314 vehicles not to stand in 314 washing of vehicles on, prohibited 314 moving ot buildings through, regulated 314, 315 digging or tearing up of, regulated 315 removing of pavement from, regulated 315 n speed of locomotives, etc., regulated 16 crossing of, not to be obstructed by locomotives, etc. . . 315, 316 driving at an immoderate rate in, prohibited 317 erections, buildings, etc , within line of, to be removed. -317 ball playing, etc., on, prohibited - 318 not to be littered with advertising matter, etc . . 319, 320 sale of merchandise on, prohibited 321 transporting of oil over, regulated . . . . 321 hawking and peddling in, regulated 321, 322 kindling of fires in, etc., regulated 325 animals running at large, prohibited 331 processions in 341 n Sunday: closing of butcher shops on 341 n barber shops to be closed on 342 n swine : keeping of, regulated 327 timber. (See ' building material.') transient merchants : licensing of 338, 339 trees : injuring of, prohibited 342 n unwholesome matter : deposit of, within city prohibited 32' not to remain on private premises 329 vegetables : deposit of, in streets prohibited 312 decayed, remaining of, on premises, prohibited 328 removal of decayed, from premises by city officers. . . . 328 peddling, license for 322 stale, sale, etc., of, prohibited 330 Index. xlvii ~ . PAGE. Ordinances — continued. vehicles : not to be left in streets 3^4 washing of, in streets, etc., prohibited 314 driving of, etc., on sidewalks prohibited 314, 323 not stand on crossings 317 for transporting dirt, etc., to have tight boxes 319, 320 for carrying manure, construction of 320 for transporting oil, etc., to have drip pans, etc . / 321 of peddlers, to be numbered, etc 322 not to be ridden at immoderate speed 323 driving of, over hose, prohibited 326 wagons. (See ' vehicles.') waters : bathing in exposed, prohibited 327 depositing unwholesome matter in, prohibited. . . ; 327, 328 filthy or stagnant, not to remain on private premises. . 328, 329 obstructing flow of, in gutters and sewers, prohibited. . 338 water boxes : to be leveled with sidewalk. , 313 3x9 location of g-^9 weight : of bread to be regulated. 349 weights and measures to be inspected, sealed and marked by city sealer 332, 333 false weights and measures 334 t 335 > 335 n wood : not to be sawed or split in streets, etc. . 312 Ordinances, (sanitary,) of the Board of Health : adoption of board of health to prescribe. ■, 215 to be published 215 penalty for violation. 216 54 355 subjects of, enumerated : animals : dead. ( See ' refuse.') diseased, flesh of, not to be sold.- 347 place of keeping of, to be clean 347, 348 affected with infectious, etc., diseases not to be brought within city 35O burial of dead, regulated 359 (See, also. ' cattle. ') ashes : separate receptacles to be provided for 355, 356 • defined '353 births : to be reported to board of health 51 xlviii Index. PAGE. Ordinances, Sanitary — continued, burials : of persons dying of contagious diseases not to be public 350 regulations as to 350 record of, to be kept by undertakers 351 butter : sale of unwholesome, etc., prohibited 347 calves : flesh of, less than four weeks old, not to be sold . 347 cattle : keeping and slaughtering of, regulated 47, 348 denned • 353 (See also, ' animals.') cellars : putrid, etc., matter, not to be kept in 346 cesspools. (See ' privy vaults.') cheese. (See ' butter.') clergymen : duties of, in relation to marriages ..... ..... 351 common carriers : not to bring within city persons afflicted with contagi- ous, etc , diseases 349 deaths : certificates of, to be filed by undertakers with board of health certificates of, to be filed by physician with family, etc. 351, 352 certificates in case no physician at inquest 352 decaying matter. (See 4 refuse.') definitions : of words, etc., used in sanitary ordinances 353 dirt and rubbish : defined 358 diseases : persons, etc. , liable to propagate dangerous, not to be brought within city 349 persons afflicted with infectious, to be reported to board of health 348, 349 clothing of such not to be removed without permission. 348 removal of persons afflicted with contagious, etc 349 spread of dangerous, etc., prohibited. . 349 common carriers not to bring within city persons afflic- ted with dangerous, etc 349 burial of persons afflicted with 350 persons afflicted with malignant, etc., to be relinquished to board of health 350 disinfectants : solution for 344 Index. xlix Ordinances, Sanitary— continued. PAGE, drains : construction of . „ 344 345 to connect vaults with main sewers 344 of what material to be constructed 345 fish : preparation of, for sale 347 unwholesome, sale of, prohibited 347 not to be exposed on streets, etc 348 place of sale of, to be kept clean 343 food stuffs : unwholesome, not to be offered for sale, etc. 357, 348 funerals : public, of persons afflicted with contagious, etc., dis- eases forbidden 35Q duties of undertakers at 35^ garbage : defined..... 353 separate metallic receptacles to be provided for 356 (See also, ' refuse.') health : acts detrimental to, forbidden 343 orders of board to be enforced 352 health officer : duties of, in relation to 352 to preserve records, etc 353 infection : provisions against 3 48) 349^ 350 interment. (See ' burials.') manufactories : dangerous to life or health, erection, etc., of, regu- lated ••••• 346 marriages ; reported to board of health. ... 3 51 records of - 217 meats : sale of unwholesome, prohibited 347 preparation of 347 sale of, on streets prohibited 348 place of sale of, to be clean 348 milk : sale of unwholesome, or adulterated, prohibited 347 nuisances : privy vaults within twenty-five feet of residences de- clared to be 354 not to be maintained 354 certain conditions, etc.. declared to be 343 PAGE. Ordinances, Sanitary — continued, offal : removal of 348 (See, also, ' refuse.') parents : duty of, as to. contagious, etc., diseases 350 permits : for burial, etc 351 physicians : duties of, in relation to births and deaths 351 , 352 privy pits : leakage or overflow from, prohibited 344 removal of contents of 344 privy vaults : contents of, to be disinfected 344 removal of, etc., when nuisances 354 to be connected with main sewers 344 location of, in reference to residences 354 construction of 345 not to be built on lots which can be connected with . sewers. • 354 public health. (See ' health:') public places : defined. 353 refuse : not to be thrown in streets, public waters, etc 346 removals of, from markets, etc • • 348 to be put in metallic recepticles 356 reservoirs. (See • privy pits.') sewers : construction of 344, 345 sextons, etc. : duties of, in relation to public health 352 sheep. (See ' cattle.') sidewalks : sale of meat, fish, etc., on, prohibited 348 slaughter houses: erection of, without permission prohibited 347 slaughtering : of cattle, etc., regulated 347, 348 places for, to be kept clean 347, 348 smallpox : funeral of persons dying of, not to be public 350 (See also, ' diseases.') solutions : for disinfection, prescribed 344 Index. ]i Ordinances, Sanitary — continued. PAGE, streets : defined 353 sale of meat, fish, vegetables, etc., on 348 sunken places : not to be filled with unwholesome matter 346 swine. (See ' cattle.') undertakers : duties of., in relation to funerals, etc. 351 vaults. (See ' privy vaults.') vegetables : unwholesome, sale of prohibited . 347 sale of, in streets, etc., regulated 348 (See ' refuse.') ventilation : of buildings, etc 343 regulations as to 343 for water closets, etc 355 water : from well, etc., not to be drank, etc., when 345 water closets : to be ventilated 355 number of, in tenements . ks 00 ordinances relating to sewer connections 196 Overseer of the poor : appointment of, by common council „ 26 bond of • V.'. .' 68, 69 office of, where to be located 53 to report to common council monthly . . 58, 53 n general statutes relating to or affecting : as to actions by or against 53 n to receive certain unclaimed surplus moneys ......... 58 n to receive one-half penalty in certain cases . . , 58 n subject to provisions of general poor law 58 n general powers and duties of 5y under general statutes : as to application for appointment of committee of . Iunatic ------ • 59 n — binding out of disorderly persons 59 n — habitual drunkards. 59 n — indenture of apprentices 59 n — the institution of bastardy proceedings 59 n applications to, how made 59 60 powers and duties in regard to granting relief [[ 59] 60 when removable ...... ' „ n in regard to examination of applicants. 6l — bastardy cases. _ fi1 Hi Index. PAGE. Ordinances, Sanitary — continued. to be furnished supplies 60 not to be interested in furnishing supplies, etc 61 salary of 61 Paper. (See 'newspapers.') Papers : of city, common council to care for 13 Parades and Processions : on Sunday 342 n (See also, ' general city law.') Parents : duties of, in regard to vital statistics 217 Park, Public : city may take and hold land for 6 city may purchase ground for, and lay out 16 power of common council as to. 147 Patrolmen : number and increase of 97, 98 salary of . . . 7 . . . • ■ 101 special appointment, duties and compensation of 104, 105 Pavements : removal of, regulated 315 n Paving : expense of, how defrayed 152 power of common council in regard to 152, 157 to be advertised for 156 1000 feet of streets may be done annually without petition. . 157 (See also, 'public improvement act.') Pawnbrokers : to be licensed - ™ police to enforce law relating to 101 Peddling : in the streets, regulated 16 (See also, 4 general municipal law ' and ' ordinances passed by the common council.') Penalties. (See ' fines. r ) Performances. (See ' exhibitions.') Permits : revocation of H4 to be granted by water board 114 for use of water, rules to be printed on 116 for the burial of the dead 218 (See also, 4 ordinances passed by the common council ' and ordinances of the board of health.') Index. Jiii Person: page. definition of, in charter act 170 Petition : to overseer of poor for relief 59 qq for change of grade 255 for paving of streets 257 Petroleum : keeping and storing of, regulated „ 342 n Physicians : one member of health board to be a 213 health officer to be a o\S duty of, in regard to vital statistics . „ 217 Plumbers and Plumbing : rules and regulations of. (See < rules and regulations.') (See also, ' general city law.') Police Commissioners : designated city officers. ^ election of 6j iu> 32 90 term of office and compensation of 32 to be members of police board „ 32 Police Commissioners, Board of: how constituted 9q organization, meetings and quorum of 90 secretary of board, duties of 99 92 powers and duties of : in genera] 32 to provide offices, etc 9 1 — accommodations for witnesses 93 to audit claims 93 97 — expenses of serving process, etc 102 to prescribe duties of police officers 91 in regard to station houses 92 to, enact by-laws, etc. 9 1 to issue subpoenas, etc 92 in regard to elections 93 to detail men, when 93 194 to enforce city ordinances 94 to keep complaint books, etc 94 to have charge of jail 95 jailor to render statement of expenses to board 95 — of expense of executing process, etc 102 in regard to unsafe scaffolding 97 n to appoint certain officers „ 93 — special patrolmen 104 105 to report expense to supervisors 103 police matrons 208 n (See also, 'general city law.') liv Index. PAGE. Police Force : common council to provide accommodations for 23 duties to be prescribed 91 records of, to be kept 94 how constituted 97, 98 appointment of 98 oath of office of members 98 qualifications of membership 98 term of office and removal of • 98 powers and duties of : to serve criminal processes, etc 47, 101 powers in general 99 duties and powers of captain 99, 100 duties in general 100, 101 duties at elections ... 100, 105 to enforce ordinances - • 101 not to receive fees 102 to retain rewards, when., 102 salaries of members. 101 expenses of, in serving process, to be audited by supervi- sors, etc 10S compensation of 104 special patrolmen, appointment and powers of 104 fines, etc., imposed upon, disposal of 104 supernumerary patrolmen, appointment and duties of 105 resignation of members, how made 106 (See also, ' ordinances passed by the common council.') Police Matrons. (See ' general city law.') Polling Places : to be designated by common council 7 notice of, to be published and posted 8 time of designating, as fixed by election law 8 n Polls : time of opening and closing of ■ 8, 8 n Pollution of Waters : how punished 16 Porters : to be licensed 15 Posts. (See ' ordinances passed by the common council.') Pounds : to be established and regulated 15 (See also, ' ordinances passed by the common council.') Poundmasters : duties of, to be defined 15 — and fees 62 appointment of 15, 26, 27 (See also, 'ordinances passed by the common council.') Index. lv 73 73 86 P A C F Preferences. (See '-civil service law.') President of Board of Education: term of office of when and how elected powers and duties of. Privies, etc. (See ' ordinances of the board of health.') Process. (See 'criminal process.') Promotion : recommendations for. (See ' civil service law.') Property : city may take, purchase, hold and convey real and personal. 6 of city, common council to care for, etc 13 — to be delivered to successors in office. 54, 68 — maps, books, etc., of engineer and surveyor to be. ., 55, 56 lost or stolen, description of 10g iq^ — taken in custody by police IQg — shall be registered < jQg — shall be delivered to owner, when. — to be advertised — to be sold at public auction — to be retained for evidence, when for use of water board, how acquired xiO water meters to be, of city 115 description of, in assessment roll. sold for taxes, how 136, 140, 141, 146, 179 — redemption and conveyance of sold to satisfy judgments (See also, 'general municipal law.') Property Clerk : captain of police to be 107 107 108 108 133 181 182 9,5(9. dutiesof 106, 107. 108 100 108 107 disposition of moneys held by Prostitutes : punishment of, to be provided for mmmmm 14 Public Health Law, The: certain portions of act not applicable to Cohoes 211 municipality defined 214 employment of local boards and experts : city boards to appoint members to aid commissioner. . . 211 powers of local representative 211 212 commissioner may employ competent persons 212 power of commissioner where municipality fails to act : to be exercised when 212 appointment of health officer. 212 compensation of health officer 212 PAGE. Public Health Law, The — continued, local boards of health : local boards in cities 213 how constituted 213 to be appointed by common council 213 terms of office of members 213 vacancies in office, how filled 213, 214 members to be appointed on plumbing board, when. . 236 powers and duties of : to employ necessary persons, and fix their compen- sation 215 to meet at stated intervals 215 to prescribe duties of health officer 215 to prescribe sanitary regulations 215, 21 9 to publish orders, regulations, etc 215 to impose penalties for violation of orders 216 in connection with plumbing board 237, 238, 241 in relation to burials and burial permits : to designate persons to grant burial permits . . 218 regulations for burials and removal of corpses 218 undertaker, etc., to procure certificate of death, etc • • • 218 coroner to grant certificate, when 218 caskets to be sealed, when 219 in relation to contagious and infectious diseases : to guard against disease 215, 219 isolation of afflicted required, when 219 suitable places to be provided for afflicted 219 report of, to state board, by local board 219 cases of consumption to be reported by health officer 220 board to provide virus for pestilential, etc., diseases in almshouses 220 in relation to manufactures, etc. : certain, not to be carried on in dwellings, etc 223 notice of, by family, to board 223 permits for manufacture in dwellings, etc 224 special inspectors 224 — not to receive compensation . • 224 duty of board of health as to diseases in work- shops '. 224 in relation to nuisances : board to receive and examine into complaints for 220 -may abate 220, 221 — suppress and remove 221, 222 — sell premises to satisfy judgments, etc 222, 223 Index. Ivii t, _ PAGE. Public Health Law, The — continued. expense of abatement of nuisances by 222 lien of judgment for expenses of abating nui- sances 222 owners, etc., of premises, to permit examina- tion of same 221 removal of, and expense thereof 221 action to recover expenses of 221 notice of sale, publication and service of 222 certificate of sale. 222 possession of premises 222 term of purchaser. ....... 222, 223 redemption of premises 223 in relation to rules, regulations, etc., enforcement of : laws relating to public health to be enforced by the police and appointees of board , 101, 215 power of recorder concerning 46 board may prescribe penalties for violations of orders, etc 216 — issue subpoenas 215 — designate members to sign, etc., subpoenas. . . , 215 — issue warrants 216 in reiation to vital statistics : to supervise registration of births, etc 217 attending physicians, etc., to certify 217 fee for making certificate 217 cost of registration a charge on city 217 board to fix charge for copy of certificate 218 copies to be furnished when required 218 town and village boards : no jurisdiction over cities 224 vaccination of school children : children not vaccinated not to be admitted to schools. . 2?5 trustees, etc., to enforce law 225 local boards may adopt resolutions relating to 225 notice of resolution relating to 225 free vaccination, for whom 226 appointment of physicians for 226 certificates of vaccination to be issued 226 expense of, how levied and collected 226 women and minors : employment of, in factories and mercantile establish- ments 226 n Public Improvement Act, The : commissioners : appointment and terms of office of 185 to constitute " the public improvement commission of the city of Cohoes " 185 PAGE. Public Improvement Act, The — continued. removal of, from, and vacancies in office of 186 to serve without compensation 186 official oath of, to be filed with clerk 186 office rooms to be provided for 186 quorum, a majority of 186 officers and employees of commission : chairman, selection of 186 — to execute contracts for board 188 clerk of city to be clerk of commission 209 — compensation for service 209 attorneys may be employed . 188 city attorney to be legal adviser, etc 209 engineers may be employed , 188 city engineer, duties of, for commission 209 street superintendent to perform duties required 209 assessors, duties of, under this act. 200, 201 officers not to be interested in contracts 208, 209 powers of commission : to lay out, etc., streets, etc 186 — construct sewers, drains and basins 187 — construct curbstones 187, 193 — pave or repave and grade streets 187, 193 — enter upon lands, etc 187 — appropriate materials ....... 187 — advertise for proposals for contracts. ... 187 — make and enter into contracts 187, 188 — adopt rules and regulations 188 — employ engineer, attorney, clerk, etc 188 — appropriate lands and property 188 — have care, etc., of city hall building, etc 188 public improvements, proceedings for instituting : general plan and estimate of work to be filed in office of clerk 19» estimate not to be exceeded 199 notice of hearing to persons interested to be published. 199 — to precede other public notices 199 hearing and power of commission thereon. . . ., 199 proceedings may be discontinued 200 laying out, altering, widening, etc., streets, etc. : notice of determination, to parties interested 189 contents of notice 189 agreement may be made with owners of lands required, 189 application for commissioners to appraise damages ... 189, 190 power of court over proceedings 189, 190 qualification and oath of commissioners. ; 190 notice of meetings 190 Index. ]j x T , T PAGE. 1 j ublic Improvement Act, The— continued. inability of commissioners to serve 190 commissioners to view premises 190 award of damages 190 removal of buildings on land taken 190 determination of commissioners to be filed 191 notice of presentation of their report to be given. ..... 191 hearing and confirmation or annulment of report ]9l proceedings after final confirmation. 191 payment of award and expenses «. . . ]92 compensation of commissioners 192 expenses of commissioners to be audited 192 apportionment of expenses of improvement 192 assessment upon lands benefitted 192 commission to inspect parts of city where no streets ex- ist and lay out streets, etc 195 maps of new streets to be made. ... , 195 width of newly laid out streets 19(5 paving, grading, etc., of streets, etc. : paving, etc., of streets authorized 193 established grades not to be changed without compensa- tion for damages , 19d curbstones, expense of constructing, how paid 193 commission may not pave until sewers and mains exist in streets ^9^ exception as to paving before sewers, etc., exist 197 expense of paving, etc., how paid 193, 194 special assessment and certificate of expense, etc 194 ordinances requiring sewer connections to be enacted. . 196, 197 provision for the enforcement of ordinances 197 sewer and water mains to be laid before paving 197 lateral connections with sewers to be made before P a ving.. „ 197 notice to gas companies of intention to pave 198 removal of pavement, without permission, prohibited . . 198 restoration to original condition required 198 ordinances providing punishment for violation 198 sewerage and drainage : plan of, to be devised 195 plan to be shown by maps 195 location, etc., of drains 195 right to land for sewers, etc., how obtained 196 damages for land taken, how ascertained and assessed. 196 lateral connection to be made with sewers 197 expense of public improvement : limitation of expenses 004 PAGE. Public Improvement Act, The — continued, assessment of expenses : certificate to be issued to assessors 200 assessors to make special assessment and certificate. . . 200 notice of review of assessment 201 hearing and corrections of same 201 delivery of certificate to common council 201 hearing on, and confirmation of assessment by common , council 201 . appeal to county court from confirmation 202 provisions when assessors interested in property affected 202 assessment when finally confirmed, to be filed 202 warrant for collection of assessment 202 when assessment not to be held invalid 202 modification of assessment 203 vacation or reduction thereof 203 objections to be filed within ten days after letting of contract * 204 public improvement bonds : issue of bonds for public improvements 204 bonds when payable 205 sale of bonds 205 advances by chamberlain for expenditures 205 tax for principal and interest 206 reassessment for deficiencies 206 issue of new bonds 206 time of payment of assessment and percentage for non- payment stated 207 option to pay assessment in installments 20? issue of certificates for unpaid assessments 207, 208 payment of certificates 208 proceeds of sale of bonds and certificates, how applied. 208 verification of bills required and prescribed 208 miscellaneous provisions : collection and payment of assessments, how enforced. . 210 common council not to make improvements except upon plans and specifications of public improvement commission 210 terms used in act, defined 193 repeal 210 Public Officers Law, The : definitions : of terms used ; state officer, local officer, etc 261 deputies : not to be appointed under special law 262 appointment of . ; 262 Index. lxi PAGE. Public Officers Law, The — continued. number of 262 powers and duties of 262 which to be senior 263 oaths, official : every officer to take and file 263 how administered 263 where filed 263 (See also, ' official undertakings.') office : qualifications for holding 261 commencement of term of . . . 262 holding over after expiration of term of 262 effect of revision on term of 266, 267 public officers : powers and duties of, with regard to business on- holi- days 271 payment of public expenses 271 provisions of law applicable to 271n,272 n duties of, under civil service law 275 undertakings, official : effect of, when required 264 by whom approved „ 264 amount of, how determined. 264 to be executed by at least two sureties 264 effect of failure to execute 265 officials not to act, as to money, etc., until bond filed. . 265 sureties on, liable for acts of principal before giving. . . 265 duration of suretyship on 265 effect of renewal . 266 notice of neglect to file oath of, to be given 266 acts performed before filing, validity of. 267 vacancies : how created 268 by resignation, how effected 269 — to be in writing 269 — when to take effect 269 — what a sufficient delivery. 269 notice of existence of 270 — upon death, etc., of incumbent 270 — to whom given 270 terms of officers chosen to fill 270 Quorum : of common council. .. 12 — board of education 72 — board of police commissioners 9Q — board of fire commissioners 121 — of public improvement commission 186 Ixii Index. PAGE. Racing : prohibited 16 Railings : repair' of 22 Railroad Companies: to build sidewalks, etc 18, 160, 161 to pa)' expenses of paving, etc '. 152, 153 Real Estate. (See ' property.') Recorder : court room to be provided for. 23 appointment of 39 official title of 39 qualifications of 39, 40 hours of attendance of 40 docket of 40 oath of 40, 63 acting recorder, appointment of 41 compensation and powers of 41 manner of signing process 41 fees in proceedings before 41, 42 powers and duties of : to keep account of fines, etc 40 to administer oaths, etc 42 to have powers of justice of peace 42 to receive certain fees 42 to issue process, etc 42, 43 in general 42-45 to have powers of county judge 42 to punish disorderly conduct, etc 43 ■ powers and duties under general statutes : to impose sentence 44 to adjourn cases 45 to admit to bail 45 to commit felons 45 to file commitment 45 to try violations of city ordinances 46 to approve the bonds of auctioneers 44 n to call for aid of National Guard in case of riots 44 n to solemnize marriages 44 n to summon witnesses before committee of common council 44 n has jurisdiction in controversies between master and servant 44 n in applications for discovery of property of decedents . " 44 n in contested election cases 44 n in summary proceedings 44 n term ' judge ' includes recorder 44 n Index. Ixiii Recorder— continued. page. process issued by, to be served by police 47 removal from office, how effected 47 salary and term of office of 47 vacancies in office of 4.7 bondof 68, 69 not disqualified by residence j7q Records or Journals : to be evidence •,. ^ (See also, 1 books.') Redemption : of lands sold for taxes 2go quarterly, of captain of police Resignations : to be how made and filed. of policemen Resolutions. (See 'ordinances.') Rewards.: may be retained, when Riding. (See ' ordinances passed by the common council. 22:> — for judgments Refuse. (See 'ordinances passed by the common council also of the ' board of health.') Registration of Plumbers. (See general city law. ) Registration of Voters: polling places to be place for. . . Registry, Board of: place of meetings time of meetings to be published Removals : power of. (See ' civil service law. ') Reports : annual, of mayor — of chamberlain — of board of education — of president of board of education.. — of captain of police ^00 — of board of police commissioners. 2q : j — of water commissioners — of fire commissioners. ..... monthly, of street superintendent — of overseer of the poor 117 126 57 100 68 106 102 lxiv Index. PAGE. Riots : to be suppressed by the mayor powers of certain officers in case of 29 n, duty of police board as to Roundsmen : appointment of Rubbish. (See 'ordinances passed by the common council.') Rules. (See 'ordinances.') Rules, Regulations, etc. : authorized to be made : by the common council — board of education — board of fire commissioners — board of health — board of police commissioners — board of water commissioners — public improvement commission ... (See also, 'civil service law.') of the common council of the tioard of education of the board of fire commissioners 367 alarms : duty of companies upon sounding of general, of what to consist .-. directions concerning • apparatus, riding on ■ employees : suspension of, for intoxication punishment of, for disorderly conduct not, while on duty, to enter where liquor is sold. . to take share of watch and other duties to pay debts . engineers chief • • assistant fire limits fire alarm boxes fire marshal meetings of board smoking in stables, prohibited, of the board of health 375 amendments of , burial permits committees appointment of duties of v 28 36 n 105 368, 367, 13 77 112 215 91 109 188 357 n 357 n 372 371 372 372 370 370 370 370 371 371 369 371 370 373 374 359 367 371 -380 380 380 37t> 377 377 Index. Ixv i» PAGE. Rules, Regulations, Etc. — continued. complaints and hearings. 378 election and appointments to office 376 expenses to be authorized 378 health officer, duties of 378, 379 — hours of 378 inspectors, duties of 379 meetings, regular and special 375 order of business . _ 375 records, to be open 380 secretary, duties of 380 of the board of plumbers and plumbing 381, 395 connections with lateral 386 — with lead and iron pipe 386 — to iron pipe 386 drainage, cellar and sub-soil '. ... 389 — y ard - 389 drains 3g3 — private 394 examinations of plumbers 381 382 fittings '385 flush pipe 388 inspector of plumbing, duties of 394 — notice to 392) 393 licenses, revocation of 395 materials 382 materials and work 393 penalty for violation of 391 392 personal registration of plumbers 382 pipe, quality and size of 384 385 — manner of putting in 385 ~7 vent 394 pipes and traps exposed 382 383 plans and specifications ' , 382 privies 392 privy vaults 389) 390 school sinks 389) 39 0 sewer connection 383 — between house and street sewers. ... 393 sewers, repairing and laying of . 394 steam exhaust 389 tra P s .. 384 — location of 3gg — separate 3gg - vent 387 urinals 392 ventilation 00^ lxvi Index. PAGE. Rules, Regulations, Etc. — continued. waste, safe 388 — refrigerator 388 water closets in houses 388 — in yards 392 — kind and construction of 391 — tanks, regulation as to 388 — traps, how used 394 of the board of police commissioners . 357-360 appointments, to office 359 — ; applications for 359, 360 charges against members. 360 committees 358 meetings of board 357, 359 — time of holding 359 — order of business at 357, 357 — special 359 president of board, powers and duties of . 357, 358, 359 secretary of board, duties of. 359 of the board of water commissioners 361-366 access to buildings, etc., supplied by water. 365 — penalty for refusing 365 damages from neglect of owners 365 making of connections with mains, etc., regulated 364 quantity of water allowed users 365 — penalty of exceeding 365 water, supply of regulated 365 — limited to owners of premises 366 water rates 361-364 — maybe changed \ 366 — how payable 366 Runners, Hackmen, etc. : to be regulated 15 Salaries : of city officers, when paid 61, 109 Sand. (See ' ordinances passed by the common council.') Sanitary Ordinances. (See 'ordinances of the board of health.') Scales. (See 'weights and measures.') School Commissioners : removal of, for cause 71 term of office, powers, duties and compensation of 71, 87, 89 to visit schools 86 Index. lxvii _ __ , . PAGE. School houses: hiring and building of. 82 purchase of sites for 33 rent and repairs of 33 sale of, and other school property 84, 85 School libraries : board of education to have custody of 84, 85 School moneys : annual estimate of 79 how apportioned, drawn and used 97, 81, 81, 87 power of common council in regard to. 80 not to be transferred from specific fund . 83 — borrowed or transferred by city, etc 87 penalties for violating ordinances of board to be 65, 86 proceeds of sales of school property to be , . . . 85 amount of, to be reported 86 to be deposited with chamberlain 87 for special purposes, how raised and disposed of 88 from state, how distributed 88 School property : protection of, to be provided for 83 title to, to be vested in the city „ 84, 85 not to be taxed, etc 85 to be sold by common council, when 85 Schools : 10 be under management, etc., of board of education 70 board of education to organize 83 — to manage and control 70 tuition of pupils of, free jsQ attendance at, to be reported 86 moneys set apart for, to be reported 86 evening, to be considered districts 88 Arbor day to be observed in 89 n compulsory education, etc., in 89 n vaccination of children in (See ' public health law.') superintendent of (See ' superintendent of schools.') teachers of (See ' teachers.') Seal : city may adopt and use g Sealer of weights and measures : appointment of 26 duties and compensation of 61 62 general statutes relating to 62 n (See also, ' ordinances passed by the common council.') 218 Ixviii Index. PAGE. Sewers : location and construction of 21, 162, 163, 164 resolution of intention to construct 163 cost and expense of constructing 163 objections to construction, how presented, etc 163 duty of assessors in reference to 164 petition for construction of • 164 main sewers, construction of 164, 165 right to use private lands, how acquired 165 cleaning of, how paid for 165 (See also, 4 sewerage and drainage;' ' public improvement act; ' ' ordinances passed by the common council ' and 'ordinances of the board of health.') Sextons : duties of, in reference to dead Sheep. (See ' cattle.') Shows. (See ' exhibitions.') Sidewalks: construction of 1^8 — by corporations 18, 160, 161 contents of resolution of common council directing con- struction of 1^8 removal of snow, ice and dirt from 1' obstruction of, to be prevented 17, 25 common council to construct, when 159 assessment for expense of construction of, by common coun- cil (See also, ' ordinances passed by the common council ' and ' ordinances of the board of health.') Sinking fund: payments to, and control of H3 to be maintained for payment of loans for water purposes. . 113 Skating rinks: to be licensed, etc 1^ Slaughter houses : location of, to be directed. 21 (See also, 'ordinances passed by the common council ' and 'ordinances of the board of health.') Smallpox : all cases of, to be reported 219 Snow : and ice to be removed from sidewalks, etc 1 * (See also, 4 ordinances passed by the common council.') Special elections. (See ' elections. ) 159 Index. Ixix o . . PAGE. Special meetings : of common council 21 — inhabitants 24 — ■ board of education 70 — board of health 375 — taxpayers .' 231 Stage drivers : regulation of 25 Stages : to be licensed 25 Stairs : construction of, regulated 29 Station houses : care of, devolved upon public improvement commission 13 n common council to provide „ 23 91 keeper of, appointment of 97 93 — to be jailer 95 Statutes : city may take and hold land for the erection of 6 Steamer companies : establishment and equipment of 122 Stoop line : to be fixed by common council 25 Stoops : construction of, to be regulated 19 Streets : common council to survey, etc. 26 17 147 — to alter names, etc., of 27 — to compel removal of dirt, snow and ice from . . 17 — to prevent obstructions, etc., of 27 — to prevent deposits in 28 — to prohibit projections over 29 — to be commissioners of highways 246 — to cause certain, to be recorded 247 — to lay out, make and open 247 — to cause to be repaired and cleaned 147 t 161 162 improvements of 247' 151 (See also, 'public improvement act ') — duty of engineer and surveyor as to 55 5^ — duty of superintendent of, as to 55 — proceedings of the common council in reference to. . 148, 151, 152 — assessments for 252 153 record of, to be kept ' 55 employment of laborers on 57 lxx Index. PAGE. Streets — continued. what, declared public highways 146, 147 extension, widening, etc 147, 189-196 grading of 152 — change of grade, how made 155 paving of. (See ' paving,' also 'public improvement act,' pp. 193, 198.) superintendent, etc , of. (See ' superintendent of streets and public grounds.') width of newly laid out 147, 196 hospital land may be reserved for 300, 301 (See also, ' public improvement act,' 'ordinances passed by the common council ' and ' ordinances of the board of health.') Study : grades of, in schools, how determined 76 Suits : city may maintain and defend against 6 Sunday. (See ' ordinances passed by the common council.') Superintendent of schools : appointment of 75 eligibility of, to office 76 term of office of 75 salary of ' 0 powers and duties of 76, 77, 78, 79, 80 powers, etc., as to teachers 77 recommendations of 76, 77 vacancy in office of, how filled 75 removal of, from office 76 Superintendent of streets and public grounds: appointment of 26 general powers and duties of , 56-57, 209 bond of ®$ Superintendent of water works : appointment, removal and salary of 113 to give security 113 duties of 113, 116 Supernumeraries. (See ' police force.') Supervisors : designated ward officers 6 election of 6, 10, 37 as to transaction of county business 37 term of office and compensation of 37, 37 powers and duties of : in general 37. 3t Index. ]xxi c . , PAGE. Supervisors— continued. in regard to jurors igg — to bonds of chamberlain 49 — to assessments 143 as fence viewers 37 jgg to audit accounts of certain officers 59 to raise tax for police purposes 103 (See also, ' general city law.') Supplies : to be furnished boards, officers, etc 03 Surgeon of police : appointment of salar y of 10 2 u Surveyor. (See 'engineer and surveyor.') Swine. (See « ordinances passed by the common council.') Taxes : how ordered 12 to be imposed upon dogs 15 common council to issue warrants for 24 to be raised by chamberlain 45 how levied 13Q amount of, to be raised annually 81 124 130 — to be levied to pay public improvement bonds 20 6 — to pay municipal bonds. 252 253 — to pay hospital certificates of indebtedness 299 additional, authorized by taxpayers, amount limited 131 corporations and farm lands, how taxed 130 131 and assessments for local improvements 143, 151, 152, 153 collection of unpaid : notice to be given by chamberlain 135, 143, 144, 175, 178 chamberlain's further duties. . 132, 134, 135, 136, 137, 145^ 169 fees to be added to 135^ 136> 144 ' 145 constable's duties in regard to 38, 136, 145, 178 supervisor's duties in regard to state and county 143 may be added to those of succeeding year. 137 a lien for ten years after first notice 138 stay of proceedings no part of time limited 138 superiority of lien of 138 action to foreclose lien of i 3 g 179 procedure in action to foreclose, parties, costs, etc. 139, 180, 181 sale of lands for unpaid taxes 140, 141, 146, 181, 182 payment of, before judgment or final sale 141, 182 redemption from by holder of prior lien 141 publication of statement of unpaid taxes 141, 178 civil action to collect 142 collection of, for local improvements 152 Ixxii Index. PAGE. Taxes - continued. proceedings, when city holds certificates of sale for. . 142 account of state and county, unpaid to be given county treasurer . . 145 act for collection of unpaid state and county 174-183 due city at passage of charter act 169 redemption of lands sold for 182 title of purchaser of lands sold for 182 re -assessment of void tax or assessment 142, 143 levy of, amount of expenditures by plumbing board to be in- serted in 241, 242 payment of, by agents of foreign fire insurance companies. . 130 (See also, ' assessments ') Tax-roll. (See 'assessment-roll.') Teachers : to be examined 76, "77 to be employed, etc., by board of education 83 selection of, etc 77 eligibility of, for employment 78 list of those eligible for appointment to be kept 78 superintendent to appoint, when 78 certificate of employment of, issuing and annulment of 79 Tie: at annual election . 10 Time table. (See 'municipal time table.') Trees : planting of, along streets, etc., regulated 21 (See also, 'ordinances passed by the common council.') Turnpike companies. (See 'corporations.') Undertakers : duties of, under health law 218, 351 Unwholesome matter. (See 1 ordinances passed by the common council.') Vacancies in office: how filled 63, 64 (See also, ' public officers' law.') Vaccination. (See ' public health law.') Vagrants : punishment of 14, 101 Vegetables. ( See ' ordinances passed by the common coun- cil ' and * ordinances of the board of health.') Vehicles. (See ' ordinances passed by the common council.') Ventilation. (See ' ordinances of the board of health.') Index. lxxiii w d PAGE. Veto : power of, held by the mayor 29, 30 — not held by mayor pro tern., when 12 Vital Statistics. (See 'public health law.') Votes : time and manner of casting- 8, 9 canvass of 9 Voting : qualifications for, at elections. ... 8 manner of, at elections 8, 9 who may vote in common council 12 Wagons. (See 4 vehicles.') Walls. (See ' buildings ' also ' fences.') Wards : boundaries of • 2-6 16 officers of ; . g redistricting of, into election districts 7 alteration, etc., of 7 n regarded as towns, when 169 Warrants : to be issued by common council 24, 152, 167 for work done on streets 57 of appointment 99 may be served by police 101 for water rents 218 issued for unpaid taxes 136 annexed to assessment-roll 159 how drawn and signed 167 issued by board of health 216 Water : city to be supplied with 109 supply may be obtained from Cohoes Company Ill may not be allowed to run to waste Ill H2 permits for use of, to factories, etc 114 no charge for, for extinguishing fires 115 expense of laying pipes for, how defrayed 116 rules for the use of, how published 116, 117 (See also, ' ordinances passed by the common council' and ' ordinances of the board of health.') Water Closets. (See 'ordinances of the board of health.') Water commissioners, Board of : organization of 10g president of, election of 108 appointment of commissioners 109 members to serve without compensation 109 lxxiv Index. PAGE. Water commissioners, Board of — continued. mayor to be one of the 31, 108 to be personally liable, when 117 guilty of misdemeanor, when 117, 119 not to be interested in contracts 119 secretary of, election and salary of 109 term of office of commissioners 109 vacancies, from what cause and how filled 109 powers and duties of : to appoint and remove superintendent of water works. . 113 to audit claims . . . 113 to prepare assessment-roll, how and when 118 to advertise for bids for work and materials. 110 to contract with Cohoes Company for water Ill to contract debts, limited 116 to employ engineers, surveyors, etc 109 to regulate expenses of board, how 116 to extend water works, limited 109 to provide funds for payment of bonds 117 to hear grievances , 115 to furnish and place hydrants 109 to acquire lands by condemnation. . 110 to purchase lands in name of city 110 to place water meters 114, 115 to grant permits for use of water 114, 116 to keep record of its proceedings, etc Ill to report to common council, when Ill, 117 to make rules for protection of works, etc 112 to make rules for government of board 109 to establish scale of rents 114 to maintain sinking fund 113 to use soil under streets, etc 110 to superintend, water works, etc Ill to supply city with water 109 to examine as to manner of using water 114 to issue warrants for collection of rents 118 to inspect water supply 119 n Water rents: establishment of scale of 114 grievances against, hearing of 115 scale of, how regulated 116 amount of, to be reported 117 assessment of 118 proceedings for the collection of 118, 119 Index. ]xxv Water works : 1 AGE ' extension of, limited 109, HO, 110, 1J7 damages to, how punished. 112 superintendent of „ amount expended for extending, etc., to be reported 118 Weighers and weighing places : to be appointed and designated by the common council 20 Weights. ( See ' measures ' ; also, ' ordinances passed by the common council.') Weights and measures : regulated by the common council 24 Whistles. (See ' ordinances passed by the common council.') Witnesses : common council may administer oaths to 27 accommodation of , ^ board of fire commissioners may administer oaths and com- pel attendance of ^7 (See also, ' general city law.') Women : employment of, in mercantile establishments . 226 n definition of. (See ' general city law.') detention of. (See 'general city law.')