GUY OF LOS /^NGEUS^ GlfY OF LOS ANQELES CITY ATTORNEY'S OFFICE jlJa^,J^'< O-^^^L^ MUNICIPAL CODE City of Rochester Volume One CONTAINING ALL THK CHARTER LAW. TOGETHER WITH THE SPECIAL AND GENERAL ACTS OF THE LEGISLATURE AFFECTING ROCHESTER, IN FORCE UP TO JAN. 1, 1904 compiled and kuited kv Edward R . Foreman formerly asst. corporation c:ounsel and secretary to Mayor A. I. Rodenbeck 1904 ENTERED ACCOKDING TO ACT OF CONC.KESS IN THE VEAK NINETEEN HI NDKEl) AND K)l k By Edward R. Foreman IN THE OFITCE OF THE LIIIKAKIAN OF CONGKESS AT WASHINtiTON [ IJf-ess •of Jolm'G.'NJo^e Cotpdj-ation Rochester, N. Y. ' i' <■ ' I <^ c' •• ^ 'rf t c INTRODUCTION The citizens of Rochester are entitled to a concise presentation of all the laws and ordinances directly governing their municipality. The maxim is established that " those who are required to obey the laws should have the opportunity of knowing what they are." With two co-existing charters, numerous special and general laws, and twelve different publications of ordinances and regulations, the local laws of Rochester are in a chaotic condition. No previous attempt has been made to reduce these scattered provisions to a code. Separate publication has given rise to general confusion until it has become very difficult for any citizen to inform himself as to the laws actually in force. The codiiication of all laws directly affecting- Rochester is, to apply an expression cf judge Story's, •' practicable and expedient." A brief discussion of the laws and ordinances now in fcMXe will help to make clear the necessity of a Municij^al Code. The City of Rochester is governed directly b\- two classes of laws, viz.: FIRST, Laws Pa-sskd my ihe Lecislature. in the form ^J of (A) Charters, (B) Special, or (C) General Acts; SECOND, Local Ordinances or Regulations, passed under authority of ^ existing acts. ^^ FIRST: Laws Passed bj' the Legislature ^ (A) CHAR'i'LKS— Whitk CiLXRrER ^f^ The (^)nstitution of the State of New \'ork lias dixidcd the cities V. into three classes according to population. New \'ork and HuHalo '.^ are the only cities of the first class : Rochester. Syracuse. Albany and Troy are the only cities of the second class ; all other cities are of the third class. The above named cities of the second class are governed bv a law which is conimonlv known as " The White Charter." so- iv Municipal Codk ov tiik Introduction called from Senator Horace White, of Syracuse, who introduced the bill. This act, entitled " ^// act for ihe gfl7rr;/;/ifnf of liflcs of the second class"' was pa.ssed in 1898 ( L. 1898, Ch. 182) and became effective Jan. ist, 1900. Since the \Miite Charter went into effect there has been more or less confusion in the public mind as to just what laws were left in force. Man)- supposed the new charter repealed all existing laws and was the only statute to be consulted. Such, however, was not the case. While the White Charter, by a general clause, repealed all inconsistent statutes, it did not repeal specitically any laws affecting cities of the second class. On the contrary said charter declared as follows, (White Charter. § 483) : "Nothing contained in this act shall be construed to repeal any statute of the state or ordinance of the city or rule or regulation of the board of health not inconsistent with the provisions of this act and the same sliall remain in full force and effect when not inconsistent with the provisions of this act to be construed and operated in harmony with the provisions of this act." The result of this clause was to leave in effect many local laws and charter provisions in each of the cities of the second class. The White C'harter. then, is only one part of our local law. Old Chartkr Rochester was incorporated as a cit}- in 1834 (L. 1834, Ch. 199). The original charter was \ariously amended up to 1880 when the legislature passed the last consolidation act entitled, " An act to further amend chapter one hundred and forty-three of the laws of eighteen hundred and sixty-one, entitled ' An act to amend and consolidate the several acts in relation to the charter of the city of Rochester ' and to consolidate therewith the several acts in relation to the charter of said city." ( L. 1880, Ch. 14). Since 1880 the original city charter has been, amended frequently, usually with reference to the said consolidation act. This charter. City of Rochester Introduction commonly referred to as the "Old Charter," is all in existence except such portions as are inconsistent with the White Charter. Rochester, therefore, has two co-existing charters to be read together, the White Charter controlling. (B) SPECIAL LAWS The legislature has passed many special laws affecting Roch- ester which are independent of its charter law. For example, our parks, east and west side sewer systems, police and tire department pension funds, the protection of the potable water supply, the collec- tion of back taxes and other important matters are regulated by special laws not a part of the charter. (C) GENERAL LAWS In adition to the charter law and the \arious special acts. Rochester is directly affected by many general laws such as 'J'he General Municipal Law. The General City Law. The Labor Law. The Public Health Law. 'I'he Civil Service Law. The Public ( )fficers Law. The Election Law, etc. SECOND: Local Ordinances and Regulations By the terms of the White Charter (§ 12) the legislative power of the City of Rochester is vested in tiie common council giving it authoritv " to enact ordinances not inconsistent with the laws of the state for the government of the city and the management of its business, for the preservation of good order, peace and health, for the safety and welfare of its inhabitants, and the protection and security of their property." However, under existing laws, the power to pass ordinances and make regulations within the City of Rochester resides in various other bodies, viz.. the Board of Park Commissioners. (L. 1S88. Ch. 193, $S 19, 24, 30 and 31): the Com- missioners of Mount Hope Cemetery. (L. 1880. Ch. 14. :?74: as amended L. 1892, Ch. 190): the Commissioner of Public Safety as to Health. (White Charter. 15231): the Commissioner of Public vi Ml \ h I I'M. CoUK lutiodia'tion Safety as to the Police 1 )epartmenl. (White Charter. «5 176); the Coinmissioner of I'ul^lic Safety as to the I'iie Department ( While Charter. ^20\); the Commissioner of I'uhlie Works as to the Water Works System, (White Charter. §110); the Examining Hoard of Plumbers. ( (General City Law); the Hoard of Kducation of the City of Rochester. (L. 18S0, Ch. 14: as amended L. 1.S9.S. Ch. 660 ): the Civil Service Commissioners, (Civil Service Law ). Acting under the authority of the laws above noted, \arious regulations and ordinances have been adopted and published. When this volume goes to press, there are in existence the following separate publications of ordinances and rules: Ihe Penal and General ( )rdinances of the Common Council, the ( )rdinances of the Park Commissioners, of the Health Board, of the Hoard of Education, of the Examining Hoard of Plumbers, of the Mount Hope Cemeteiy Commissioners, the Rules (jf the Commissioner of Public Works as to the Water Works, of the Commissioner of Public Safety as to the Police Department, of the Commissioner of I'ublic Safety as to the Eire Department, the Rules of the Common Council and the C'i\il Service Rules. Erom the above statement it is evident that a Municipal Code for the City of Roche.ster would be divided naturally into two parts, viz.: l-iKsr, Laws P.vsskd i:v ihk LECisi.A'nKK : Skaond, Am. L(KAr ( )ri)1nancks. It has been deemed wise to publish these two parts in separate volumes. The present " \olume ( )nL' "' j^resents the I- i l\S I' I' A K'l". \iz. : AlJ. OF THK ChAKIKK LaW. T()(;KIHKR with rill SiKa IAI. AM) General Acts ok riiK LEcisi.ArrRK \i'ik( iim; Koi iiesikr, in FORCE Ul' TO LaN. I st. 1904. " X'olume 'Iwo ■' should contain a codification of Ai.i Lo( ai, ( )R1HNA.\CKS. Rui.ES AND RE(;r I.A TIO.NS. // /s hoped sincerely that this work may prove of publie service. Rochester. X. V., Eebruary i8th. 1904 Ldward R. 1-oreman p, \f;K> I- "-3 -^4- -r.i 62- -69 70- -92 93- 124 ■-5" '56 '57- •S3 TABLE OF CONTENTS First : Charter Law Aktki.k Aktki.k Hi;ai)IN<;s I. Dkiixition and Application II. DkP ARTMKNI' ok LKdlSl.ATION - III. DKPAUTMKNr OK IHK ExKCUTIVK - l\ . Dkpaktmkn r ok Finance \'. Dki-arimknt ok Pi i!i,i( Works - \'I. Dki'akimkni' ok Pup.i.k Sakktv \'II. Dki'akimknt ok Pui'.mc Insiruction \'III. I )Ki'Ak iMKN r OK AssKssMENi" AND Tana 1 ION 184-257 IX. Deparimknt of Charkiies ani> Correction 258-2^1 1 X. Dei'artmkni oi- thk JriiK iak\ - - 262-302 XI\ . Departmeni ok Law - - - - 303-306 X\'. SrpERVisoRs ------ ^07 X\ I. Sealer ok \\'ei(;iits and Measires 30S X\ II. Miscellaneous Provisions - 309~343 Second: Spkciai. Laws - - - - 347-4SS Third : Tablk oi- Laws Affectixc. Cities 4.S9-493 Fourth: 7\\hi.f of Cases, Ivrc, Cited 494 5 n Fifth: Index ------ s'.s 57s NoTK — Tlie above analysis of chaitei law of the city of Kochtsttr is not a part of the charter as enacted by the legislature. It follows the original article numbers of the White Charter and is inserted for convenience. It will be observed that .\rticles Xl-XII I. inclusive, are missing from the White Charter as enacted. MUNICIPAL CODE OF THE City of Rochester Charter Law MEMORANDUM ON THE WHITE CHARTER In regard to the White Charter the Court of Appeals has said that " the idea upon which the act seems to be based emanated from the Constitutional Conxention of 1894" ( Pryor vs. City of Rochester. 166 N. Y. at page 551). The constitution adopted that year classified the cities of the state (State Constitution, Art. XII, § 2). In May, 1895. the legislature passed an act authorizing the governor to appoint a commission to prepare and report a law for the government of cities of the second class (L. 1895. Ch. 54cS). as follows: " Section 1. Within five days after the passage of this act the governor shall appoint live persons, one each from the cities of Albany. Rochester, Syracuse and Troy, and one from the state at large, as commissioners to prepare and submit on or before the tirst da\" of February, eighteen iiundrcd and ninety-six, such proposed general city laws relating to the properly, affairs or government of the cities of the second class and the several departments thereof, and such proposed amendments to exi.sting laws relating to or governing either or all of the cities abo\e named and such additional general cil\ taws, as, in the opinion of such commissioners, are proper and necessary for the gov- ernment of cities of the second class, as conteni|ilated by article twelve of the re\ised constitution. 5^ 2. The members of such conunission shall recei\e their nece.s- sary expenses and dishursenients incurred in the performance of the duties herein inipost'd whin the same are |)roperl\- audited by the comptroller of the state, and the same, when so audited, shall be paid on warrant of the comptroller out of any moneys in the tr.a-.nn not otherwise approjiriated." Acting unclcT the authority of this act Oovcrnoi" Le\i V. Morton appointed the following commissioners: James (1. Culler, to repre- sent the city of Rochester; Alden Chester. Albany; Michael E. DriscoU, Syracuse; David M. Greene, Troy; and ex-Chief Judge of die Court of Appeals, Robert Earl, Herkimer, as comniissioner-at- large and chairman. Mr. Chester being elected justice of the supreme court before the work of the commission was finished. Arthur L. Andrews, Albany, was appointed in his place. The commission held public hearings in each of the four cities affected, and reported to the legislature on Eebruary 4, 1896. (Senate Documents, 1896, Vol. ^^ No. 24). Witii the report was .submitted a proposed act embodying their ideas. The report was unanimous except that Mr. C'onimissioner Earl tiled a minority report dissenting on the plan for the proposed organization of the police department. Two years later the legisla- ture passed the present "Act for the government of cities of the second class" (L. 1898, Ch. 182), which was based on the charter proposed by the commission and took its name from Senator Horace White of Syracuse, who introduced the bill. NOTE AS TO INCONSISTENCIES PORTIONS OF THE OLD CHARTER AND THE SPECIAL LAWS PUBLISHED IN THIS BOOK ARE INCONSISTENT WITH THE WHITE CHARTER IN VARIOUS PARTICULARS. THEV ARE ALL PUBLISHED AS THEV EXIST BECAUSE TDK DETERMI- NATION OF INCONSISTENCIES RESTS NOT WITH AN EDITOR BUT UPON THE COURTS OR THE i.KC.I SI.ATIRE. MUNICIPAL CODE OF THE CITY OF ROCHESTER CHARTER LAW The ^'■Act for the government of cities of the second class," (L. 1898, Ch. 182, THE SO-CALLED " White Charter ") is here GIVEN IN FULL AS IT EXISTS AND AT THE PROPER PLACES ARE INSERTED, IN A DIFFERENT TYPE MEASURE, THE PORTIONS OF THE "Old Charter," (L. 1880, Ch. 14, as amended), which still CONTAIN LIVE PROVISIONS. LAWS OF 1898, CHAP. 182 The People of the State of New York represented in Senate and Assembly do enact as follows : ARTICLE I DEFINITION AND APPLICATION Section i. Act applies to cities of second class — When the word city is used in this act, it means a city of the second class, and all the provisions of this act have reference only to such cities. § 2. When act applies — Within thirty days after every state enumeration, the secretary of state shall file with the clerk of every city a certificate showing the population of such city ; and if it appears therefrom that such city has since the prior state enumer- ation become a city of the second class, then all the provisions of this act shall apply to such city on and after the first day of January thereafter. Note — §§ 3-1 1, inclusive, omitted in White Charter as first enacted. Charter Law of thk White Charter Cities classified — State Constitution, Art. XII, § 2; first class, popula- tion 250,000 or more; second class, over 50,000 and less than 250,000; third class, all less than 50,000. City laws, how classified, passed and accepted — State Constitu- tion, Art. XII, i} 2: the (lentral City Law, §§ 30-35; § 3' amended L. 1902, Ch. 353- White charter discussed generally — Is to be construed as a general law. I'rjor vs. City of Rochester, 166 N. V. 54S. Old Charter § I. Corporation; name — The inhabi- tants of that portion of the territory of this state, heretofore known as the city of Roches- ter, shall continue to be a body politic and corporate, by the name of " The City of Rochester," with the powers and privileges conferred by the statutes of this state upon corporations as well as those conferred by this, the charter of said city. ( Z. 1880, C/i. 14). i? 3. Right to sue and be sued; seal; to hold, convey and mortgage real estate — The inhabitants of said city shall be a corporation by the name of " The City of Rochester," and may sue and be sued, com- plain and defend in any court, make and use a common seal and alter it at pleasure, and may receive by gift, grant, devise, bequest or purcha.se, and hold and convey such real and personal estate as the purposes of the corpora- tion may require, whether such real estate be situate within or without the limits of said city ; and such real estate may be incumbered by mortgage, as the common council shall direct, subject only to the approval of the mayor, according to the provisions of this charter in relation to acts of the common council of a legislative character. But no real estate shall be so received lying without the limits of the city, unless it be adjacent to the City of Rochester Old Charter city, except as otherwise provided. The jurisdiction of said city shall extend to and over all real estate so received, and all laws relating to the said city, and all rules, regula- tions and ordinances of said city shall apply to such real estate as fully as if the same were situate within the city limits. But nothing in this section shall impair or limit any powers conferred upon the executive board of the said city, or the purchase of any real estate for or in connection with the water-works of the said city. (Z. 1880, Ch. 14). § 2. City Boundaries — The boundaries of said city shall be as follows : Beginning at a point in the present northerly line of said city of Rochester, which said point is in the middle of the Ridge road eight chains and seventy-five links distant easterly from the top of the east high bank of the Genesee river ; thence south fifteen minutes east to the north line of Norton street ; thence easterly on the said north line of Norton street to a point two hundred feet easterly from the east line of lot number forty-eight in the town of Irondequoit: thence southerly on a line parallel with the said east line of said lot number forty-eight and at a distance of two hundred feet easterly therefrom, to the south Jine of the highway called Waring street ; thence southeasterly along the south line of said Waring street, and the said line continued to a point which would be to the intersection of the said line with the east line of the *highways known as Culver road ; thence southwesterly on said line of said Culver road to a point on the east line of said Culver road two hundred and fifty-two and four-tenths feet north of where the north line of Park avenue intersects said east line of Culver road ; thence southeasterly about seven hundred and fifty feet to the northwest corner of lands now owned by the Thomas * So in session laws. Shouljd read "iiinhwav." Charter Law of the Old Charter City Boundaries — Continued Leighton estate ; thence southeasterly along the north line of said Leighton lands to a point where said last mentioned line produced would intersect the northerly line of town lot thirty- six in the town of Brighton ; thence easterly along the north line of said town lot thirty-six to the northeast corner thereof ; thence south- westerly along the east line of said town lot thirt}'-six to the Erie canal lands ; thence westerly along the Erie canal lands to the east line of said Culver road ; thence south- westerly along the east line of said Culver road to the north line of lot number thirty- seven in the town of Brighton; thence westerly on the north line of said lot number thirty- seven and on the north line of lots forty-five and fifty-three, in said town of Brighton, to a point in the north line of said lot fifty-three, two hundred and ninety feet easterly from the northeast corner of lot number sixty-one in said town ; thence southerly on a line parallel with the east line of said lot number sixty-one to the northerly line of a road known as Elm- wood avenue ; thence westerly along the northerly line of said road known as Elmwood avenue about three hundred feet to the division line between said town lots fifty-three and sixty-one ; thence southerly along said division line between lots fifty-three and sixty-one, and along the division line between town lots fifty- four and sixty-two of said town of Brighton, through land owned by the county of Monroe, and along the easterly line of land formerly owned by Reuben N. Booth and now owned by the state of New York, about three thou- sand one hundred and twenty feet, to land now or formerly owned by Hiram Smith ; thence westerly along the division line between the lands owned by the said state of New York, formerly owned by said Booth, and lands of said Smith and along said line prolonged westerly, about two thousand three hundred feet to the westerly line of the highway known CiTv OF Rochester Old Charter City Boundaries — Continued as South avenue ; thence northerly along said westerly line of South avenue about six hundred and ninety feet to an angle in said highway ; thence still northerly along said westerly line of South avenue about two thousand two hundred and ninety-five feet to the northerly line of said road known as Elm- wood avenue ; thence westerly along the northerly line of said road known as Elmwood avenue to a point, which said point is at the intersection of the northerly line of said Elm- wood avenue with the westerly line of the lands now owned by the New York, Lake Erie and Western Railroad Company ; thence south- erly on the westerly line of the said lands now owned by said railroad company to a point in the center of the Westfall road, so called ; thence westerly along the center of the West- fall road to a point in the center of the said Westfall road, where the said road makes an angle to the north ; thence southwesterly in a straight line twenty-four hundred feet through lands now owned by or known as the Harmon farm, and the Baker farm, to a point where the east bank of the Genesee river intersects the west line of the Wolcott road, so-called ; thence northeasterly along the east s'hore of the Genesee river about eight hundred and fifty feet* to a point where the northerly line extended of a road running between lands of E. Chapin and Mathias Kondolf on the west side of said river would intersect said east bank of said river ; thence westerly along said line so extended and continuing along the said line to a point where the said line intersects the easterly line of lands now owned by the Western New York and Pennsylvania Railroad Company ; thence northeasterly along the east line of said lands owned by said company, to a point where the east line of said railroad would be intersected by the center line of Genesee street produced southwesterly; thence northeasterly through the center of a road, Charter Law of the Old .Charter Cfty Boundaries — Continued which is the continuation of Genesee street, to a point where the center line of said Genesee street intersects the present southerly line of said city, formerly the south line of the town of Gates ; thence westerly along the south line of the city of Rochester, formerly the south line of the town of Gates, to a point two hundred feet westerly from the west line of Thurston avenue ; thence northerly on a line parallel with the west line of said Thurston avenue and two hundred feet westerly there- from to the northerly line of Brooks avenue ; thence easterly along the northerly line of said Brooks avenue to a point in the prolonga- tion southerly of the east line of lot number one hundred sixty-eight of the town of Gates ; thence northerly along said prolongation southerly of said east line of lot number one hundred and sixty-eight to a point thirty feet southerly at right angles from the south line of lot number twenty-two of the four thousand acre tract; thence westerly parallel with the said south line of said lot number twent}'-two and thirty feet southerly therefrom to the east line of the said Thurston avenue ; thence northerly on the easterly line of said Thurston avenue to the north line of lot number twenty-two of the four thousand acre tract; thence easterly *in the north line of said lot number twenty-two to a point intersected by the east line of lot number one hundred sixty-eight of the twenty thousand acre tract, produced southerly, to the north line of said lot number twenty-two ; thence northerly on the east line of said lot number one hundred sixty-eight produced southerly and on the east line of said lot number one hundred and sixty-eight to the northerly line of a highway known as Chili road ; thence westerly along the northerly line of said Chili road to the west line of a street known as Gardiner avenue ; thence northerly *So in session laws. Should be " on ". City ok Rochester Old Charter City Boundaries — Cominutd along the west line of said Gardiner avenue sixty feet ; thence westerly at right angles with Gardiner avenue seventy-five feet ; thence southerly parallel with said (iardiner avenue to the aforesaid northerly line of Chili road ; thence westerly along the northerly line of said Chili road to the easterly line of a high- way called Lincoln avenue ; thence northerly along the easterly line of said Lincoln avenue to the south line of a highway called the Buffalo road ; thence easterly along the south- erly boundaries of the said Buffalo road to the east line of lot one hundred and sixty-eight of the town of Gates ; thence northerly along the east line of lots one hundred and sixty-eight, se\^enty-six, seventy-live, seventy-four and seventy-three of the town of Gates, continued on the east line of lots seventy-two, seventy- one and seventy of the town of Greece, to a point twenty rods north of the center of the highway known as the Big Ridge road; thence easterly parallel with the center line of said road and twenty rods distant northerly there- from and on said line produced easterly, to a point twelve hundred feet easterly from the east line of Lake avenue ; thence northerly on a line parallel with Lake avenue ten hundred and eleven feet to a point ; thence north thirty- six degrees and twenty-six minutes west, eight hundred and eighty-eight feet to a point ; thence north, twelve degrees and four minutes west, to the center of a road leading to Han- ford's landing: thence easterly along the center of said road leading to llanford's landing to a point fifty feet westerly from the west high bank of the Genesee river; thence northerly parallel with the top of the west high bank of the (ienesee river and fifty feet distant westerly therefrom to the north line of the lands -of William Merrill ; thence easterly along said line and said line produced easterly to the east bank of the Genesee river ; thence northerly along the east bank of the Genesee river in its Charter Law ok thk Old Cliarter City Boundaries — Concluded various courses, to the north line of lot four- teen in the township fourteen, in the seventh range of townships in the town of Irondequoit; thence easterly along the north line of said lot fourteen, to the east line of the lands owned by the Rome, Watertown and Ogdensburg Railroad Company ; thence southerly along the east line of lands owned by the said Rome, Watertown and Ogdensburg Railroad Company *as the middle of the Ridge road ; thence westerly along the middle of the Ridge road to the place of beginning. (Z. iS8o, Ch. 14; atnended L. 1891, Ch. 1S4; Z. 1892, C//. 596 ; Z. 1894, Ch. 28; Z. 1895, Ch. 617; Z. 1899, Ch. 373; last amended L. 1901, Ch. 572). § 4. Ward Boundaries — The said city shall be divided into twenty wards as follows : First Ward Boundaries — All that part of the said city included within a line beginning at a point in the center of the Genesee river, and of the Erie canal ; thence running westerly along the center of the Erie canal, to the center of Allen street ; thence easterly along the center of Allen street to the center of State street ; thence southerly along the center of State street to the center of fMumford street ; thence easterly along the center of fMumford street to the center of the Genesee river; thence southerly along the center of the Gene- see river, to the place of beginning, shall con- stitute the first ward. {As atnended L. 1894, Ch. 28). Second Ward Boundaries — All that part of the said city included within a line begin- ning at the center of the Genesee river and fMumford street ; thence running westerly along the center of fMumford street to the center of State street ; thence northerly along the center of State street to the center of Allen *So in session laws. Should be " to the middle." tSo in session laws. Now "Andrews street." CiTV (JF ROCHKSTER Old Charter Street ; thence westerly along the center of Allen street to the center of the Erie canal; thence northerly along the center of the Erie canal to Jay street ; thence easterly along the center of Jay street and the center line thereof continued easterly, to the center of the Gene- see river ; thence southerly along the center of the Genesee river to the place of beginning, shall constitute the second ward. (As amended L. 1894, Ch. 28). Third Ward Boundaries— All that part of the said city included within a line beginning at a point in the center of the Genesee river and of the Erie canal ; thence running westerly along the center of the Erie canal to the center of lands formerly used for the Genesee Valley canal ; thence southerly along the center of the said lands formerly used for the Genesee Valley canal to the south line of the Strong tract ; thence along the south line of the Strong tract to the center of the Genesee river ; thence northerly along the center of the Genesee river to the place of beginning, shall constitute the third ward. (As amended L. 1894, Ch. 28). Fourth Ward Boundaries — All that part of said city included within a line beginning at a point in the center of the Gene.see river and of *East Main street ; thence running easterly along the center of *East Main street to the center of East avenue ; thence along the center of East avenue to the center of William street ; thence southerly along tiie center of William street to the center of Monroe avenue: thence southeasterly along the center of Monroe avenue t(i the center of Ale.xander street ; thence southerly along the center XA Alexander street to an angle in said street ; thence south- westerly continuing in the center of said Alexan- der street to the center of the Erie canal ; thence northerly in the center of the Erie canal to a *So in session laws. Now " Main Si. East." 1<" Charter Law of the Old Charter point where the center Hne of Howell street, extended westerly, would intersect said center of the Erie canal ; thence westerly on said center line of Howell street, extended, to the center of the Genesee river ; thence north- erly in the center of the Genesee river to the place of beginning, shall constitute the fourth ward. (As amended I.. 1S94, C/i. 28). Fifth Ward Boundaries — All that part of the said city included within a line begin- ning at a point in the center of *E. Main street and of the Genesee river ; thence running northerly along the center of the Genesee river to a point where a line extended south- westerly through the center of Evergreen street would intersect a line drawn through the center of said Genesee river ; thence northeasterly along the said extended line and along the center of Evergreen street to an angle in said street, and thence continuing easterly along the center of said Evergreen street to a point in the center of Conkey avenue ; thence northerly along the center line of Conkey avenue to the center of Clifford street ; thence easterly along the center of Clifford street to the center of tN. Clinton street; thence southerly along the center of tNorth Clinton street to the center of *E. Main street ; thence westerly along the center of *E. Main street to the place of beginning, shall constitute the fifth ward. {As amended L. 1894, Ch. 28). Sixth Ward Boundaries — All that part of the said city included within a line begin- ning at the center of *K. Main street and North street thence northerly in the center of North street to the center of University avenue ; thence easterly in the center of University avenue to the center of *E. Main street; thence easterly in the center of *E. Main street to the center of the tracks of the main line of the New York Central and Hudson River Railroad Co.; *So in session laws. Now " Main St. East." t So in session laws. Now " Clinton Av. North." City of Roch?:ster 1 1 Old Charter thence southeasterly in the center of said rail- road company's tracks to the east boundary line of the city ; thence southerly along the east boundary line of the city to the center of East avenue ; thence westerly in the center of East avenue to the center of *E. Main street; thence westerly in the center of *E. Main street to the place of beginning, shall constitute the sixth ward. (As avw/it/et/ L. 1894, Ch. 28). Seventh Ward Boundaries —All that part of the said city included within a line beginning at a point at the center of *E. Main street and fN. Clinton street ; thence running northerly along the center of t^^- Clinton street to a point which would be the intersection of the center line of Nassau street, extended westerly to the center of said fN- Clinton street; thence easterly on said extended line and continuing easterly in the center of Nassau street to the center of JSt. Joseph street ; thence northerly along the center of tSt. Joseph street to the center of Baden street ; thence easterly along the center of Baden street to the center of Hudson avenue ; thence northerly in the center of Hudson avenue to the center of Wilson street : thence easterly along the center of Wilson street to the center of North street ; thence southerly in the center of North street to the center of *E. Main street; thence westerly in the center of *E. Main street to the place of beginning, shall constitute the seventh ward. {As anu-tuifti L. 1894, C/i. 28V Eighth Ward Boundaries .Ml that part of the said city included within a line beginning at a point in the center of tN. Clinton street where a line extended westerly through the center of Nassau street would intersect the center line of said tN. Clinton street; thence northerly along the center *So in session laws. Now " Main St. E.ist." tSo in session laws. Now "Clinton Av. N." JSo in session laws. Now "Joseph .\v." 12 Charter Law of the Old Charter of *N. Clinton street to the center of Clifford street ; thence easterly along the center of Cliff- ord street to the center of fNorth avenue; thence southerly along the center of tNorth avenue to an angle in said avenue at or near Syracuse street ; thence continuing ^southeasterly along the center of tNorth avenue to a point where the center line of f North avenue would intersect the center line of North street; thence northerly in the center line of North street to the center line of Wilson street ; thence westerly in the center line of Wilson street to the center of Hudson avenue; thence southerly in the center of Hudson avenue to the center of Baden street; thence westerly along the center of Baden street to the center of || St.Joseph street; thence southerly along the center of ||St. Joseph street to the center of Nassau street ; thence westerly along the center line of Nassau street and along said line continued westerly to the place of beginning, shall constitute the eighth ward. {As ai?iended L. 1894, C/i. 28). Ninth Ward Boundaries — All that part of the said city included within a line beginning at a point in the center of Jay street and the Erie canal, and running thence easterly along the center of Jay street, and Jay street continued, to the center of the Genesee river; thence northerly in the center of the Genesee river to a point where a line extended northeasterly through the center of IfLorrimer street, would intersect the said center line of the Genesee river ; thence southwesterly on said extended line, and through the center of HLorrimer street to the center of Fulton avenue ; thence northerly along the center of Fulton avenue to the center of Bloss street ; thence westerly along the center of Bloss *So in session laws. Now " Clinton Av. N." tSo in session laws. Now " Portland Av." J So in session laws. Should be "southwesterly." liSo in session laws. Now " Joseph Av." HSo in session laws. Should be " I>orimer St." City of Rochester 13 Old Charter street to the lands used tor the State Industrial School ; thence southerly along the easterly line of said lands to the south line thereof ; thence westerly along the south line of said lands of said State Industrial School, and along said line continued, to the center of the Erie canal ; thence southeasterly along the center of the Erie canal to the place of beginning, shall constitute the ninth ward. (As amended L. 1894, Ch. 28). Tenth Ward Boundaries — All that part of the said city included within a line begin- ning at a point where a line extended northeasterly through the center of * Lor rimer street would intersect the center line of the Genesee river ; thence northerly in the center of the Genesee river to a point where the northerly line of the city crosses the Genesee river ; thence westerly on the said northerly line of the city, and continuing southerly on the said city line, and continuing westerly on the said city line, to a point where the northerly line of the city intersects the westerly line of the city ; thence southerly on the westerly line of the city to a point where a line extended westerly through the center of Otis street would intersect the said westerly line of said city ; thence easterly along the said extended line and along the center of Otis street, to the center of Sherman street ; thence northerly in the center of Sherman street to a point where a line drawn through the center of Sherman street would intersect a line extending westerly from the south boundary line of the lands of the State Industrial School ; thence easterly along the said extended line and along the south boundar}^ line of the said lands of the State Industrial School to the southeast corner of the said lands ; thence northerly along the east line of the said lands to the center of Bloss street; thence easterly along the center of Bloss street to the center *So in session laws. Should lie " Lorimer St." 14 Chakikr Law of iiik Old Charter of I^'iilton avenue; thence southerly along the center of Fulton avenue to the center of *Lorrimer street ; thence northeasterly along the center of *Lorrimer street and continuing on a line extended northeasterly through the center of said *Lorrinier street to the place of beginning, shall constitute the tenth ward. (As ainendcd L. 1894, Ch. 28). Eleventh Ward Boundaries — All that part of the said city included within a line beginning at a point where the center of Bronson avenue would intersect a line drawn through the center of the lands now owned and occupied by the Western New York and Pennsylvania Railroad Company, being the land formerly used and occupied for the Genesee Valley canal ; thence westerly along the center of Bronson avenue to the center of Genesee street ; thence northerly along the center of Genesee street to the center of Brown street ; thence northeasterly along the center of Brown street to a point where a line extended southerly through the center of Saxton street would intersect a line drawn through the center of Brown street ; thence northerly on said extended line, and continuing northerly along the center of Saxton street to the center of Jay street ; thence easterly along the center of Jay street to a point where said Jay street makes an angle to the northeast ; thence northeasterly along the center of Jay street to the center of the Erie canal ; thence southerly along the center of the Erie canal to a point where the old Genesee Valley canal formerly connected with said Erie canal ; thence south- erly along the center of the lands formerly used and occupied by the Genesee Valley canal to the place of beginning, shall constitute the eleventh ward. {As amended L. 1894, Ch. 28). *So in session laws. Should be " Lorimer St." City of Rochester 15 Old Charter Twelfth Ward Boundaries — All that part of the said city included within a line beginning at a point where a line drawn through the center of East avenue would intersect a line drawn through the center of William street; thence southerly along the center of William street to the center of Monroe avenue ; thence southeasterly along the center of Monroe avenue to the center of Alexander street ; thence southerly along the center of Alexander street to an angle at or near Cobb street ; thence continuing southwesterly along the center of Alexander street to the center of the Erie canal ; thence southerly and easterly along the center of the Erie canal to the easterly line of the city ; thence northerly along the said easterly line of the city, to where the north line of the Erie canal lands intersect said city line ; thence easterly along said Erie canal lands to the east line of town lot thirty-six in the town of Brighton; thence northerly along said east line of said town lot thirty-six to the northeast corner thereof ; thence westerly along the north line of said town lot thirty-six, to a point where the same intersects the east line of Leighton avenue ; thence north- westerly along a line which produced to the east line of Culver road would intersect the same two hundred fifty-two and four-tenths feet north of where the north line of Park avenue intersects the east line of said Cul- ver road ; thence northerly along the easterly line of the city to the center of East avenue ; thence westerly along the center of East avenue to the place of beginning, shall constitute the twelfth ward. (.-Is nmethicti I.. 1895, Ch. 61 7). Thirteenth Ward Boundaries — AH that part of the said city included within a line be- ginning at a point in the center of the Oenesee river where a line drawn through the center of the Genesee river would intersect a line ex- tended westerly through the center of Howell 16 Charikr Law ok thy. Old Charter Street ; thence easterly on said extended line to the center of the Erie canal ; thence south- erly and easterly along the center of the Erie canal to the center of Goodman street ; thence southerly along the center of Goodman street to the center of Caroline street ; thence westerly along the center of Caroline street to the center of South avenue ; thence northerly along the center of South avenue to the center of Averill avenue ; thence westerly along the center of Averill avenue, and continuing on a line ex- tending westerly through the center of Averill avenue to the center of the Genesee river; thence northerly along the center of the Gene- see river to the place of beginning, shall con- stitute the thirteenth ward. (As at}ie)idcd L. 1894, Ch. 28). Fourteenth Ward Boundaries — All that part of the said city included within a line beginning at a point in the center of the Gene- see river, where a line drawn through the center of said river would intersect a line extended westerly through the center of Averill avenue ; thence easterly on said extended line and along the center of Averill avenue to the center of South avenue ; thence southerly along the center of South avenue to the center of Caroline street ; thence easterly along the cen- ter of Caroline street to the center of Goodman street ; thence northerly along the center of Goodman street to the center of the Erie canal ; thence easterly along the center of the Erie canal to the easterly line of the city ; thence southerly and westerly along the east and south boundary lines of the city, following the various courses of said line to the northerly line of a road known as Elmwood avenue,* about three hundred feet to the division line between said town lots fifty-three and sixty- one ; thence southerly along said division line between lots fifty-three and sixty-one, and along *So in session laws. " thence westerly" omitted. City of Rochester 17 Old Charter the division line between town lots tift\--four and sixty-two of said town of Brighton, through land owned by the county of Monroe, and along the easterly line of land formerly owned by Reuben N. Booth and now owned by the state of New York, about three thousand one hundred and twent)- feet to land now or for- merly owned by Hiram Smith ; thence westerly along the division line between the lands owned by the said state of New York, formerly owned by said Booth, and lands of said Smith and along said line prolonged westerly about two thousand three hundred feet to the westerly line of the highway known as South avenue ; thence northerly along said westerly line of South avenue about six hundred and ninety feet to an angle in said highway ; thence still northerly along said westerly line of South avenue about two thousand two hundred and ninety-five feet to tlie northerly line of said road known as Elmwood avenue, the city line ; thence westerly and southwesterly along the southerly and southeasterly boundarj- lines of the city, following the various courses of said line to the center of the Genesee river ; thence northerly along the center of the Genesee river to the place of beginning, shall constitute the fourteenth ward. (As amended L. 190 1. Ch. 572). Fifteenth Ward Boundaries — All that part of the said city included within a line beginning at a point where the center of Jay street intersects the center of the Krie canal ; thence southwesterly along the center of Jay street to a point at or near the center of Magne street; thence continuing westerly along the center of Jay street to the west boundary line of the city ; thence northerly along the west boundar)' line of the city to a {X)int where a line extended westerly through the center of Otis street would intersect the said west bound- ary line of said city : thence easterly, on said extended line, and along the center of ( )tis 18 Chartkr Law oi ihk Old Charter Street to the center of Sherman stix-ft : thence northerly along the center of Sherman street to a point where a line drawn through the center of vShernian street would intersect the south boundary line of the lands of the State Industrial School extended westerly; thence easterly along said extended line to the center of the Erie canal ; thence southeasterly along the center of the Erie canal to the place of beginning, shall constitute the fifteenth ward. (As a77iended L. 1894, Ch. 28 ; chaiii^ed by L. 1892, Ch. 596, § 2). Sixteenth Ward Boundaries — All that part of the said city included within a line beginning at a point where a line drawn through the center of North street would intersect a line drawn through the center of Universit}' avenue ; thence northerly along the center of North street to a point which is the intersection of the center lines of North street and North avenue ; thence northeasterly along the center of North avenue to the center of Bay street;* thence easterly along the center of Bay street to the center of Hebard street; thence southerly along the center of Hebard street to the center of the tracks of the New \'ork Central and Hudson River Railroad Company ; thence southeasterly along the center of the tracks of the New York Central and Hudson River Railroad Company to the center of fEast Main street ; thence westerly along the center of tEast Main street to the center of University avenue ; thence northwesterly along the center of University avenue to the place of beginning, shall constitute the sixteenth ward. {As ofnended L. 1894, Ch. 28; changed by L. 1892, Ch. 596, § 2). *So in session laws. Should read " along the center of North street and Portland avenue to the center of Hay street." tSo in session laws. Now "Main Street East." CiTv OF Rochester 19 Old Charter Seventeenth Ward Boundaries — All that part of the said city included within a line beginning at a point in the center of the Genesee river, where a line drawn through the center of the Genesee river would intersect a line extended *southeasterly through the center of Evergreen street; thence northerly along the center of the Genesee river to where the north line of the cit)' crosses the CJenesee river; thence following the boundary line of the said city northerly to the north boundary point of the said city ; thence southerly along the east boundary line of said city to a point where said boundary line intersects said north boundary line at Norton street ; thence easterly along the north boundar)- line of said city to a point where the northerly boundar)- line of the cit}' intersects the east boundary line of the cit)' ; thence southerly and southeasterly along the easterly boundar}- line of the city to the center of Clifford street ; thence westerly along the center of Clifford street to the center of Conkey avenue ; thence southerly along the center of Conkey avenue to the center of Evergreen street ; thence westerly along the center of Evergreen street and continuing southwesterly along said center line, and con- tinuing on a line extended southwesterly through the center of said Evergreen street to the place of beginning, shall constitute the seventeenth ward. (As amended L. 1894, Cli. 28: c/i(7/i^ed by L. 1899. Ch. 373. $ 2). Eighteenth Ward Boundaries — All that part of the said city included within a line beginning at a point where a line drawn through the center of t North avenue would intersect a line drawn through the center of Clifford street ; thence easterly along the cen- ter of Clifford street to the easterly boundary line of the cit)' ; thence southerly along the *So in session laws. Should be "southwesterly." tSo in session laws. Now " Portland avenue." 20 CiiAKiKK Law ()!• riiK Old Charter easterly boundary line of the city to the center of the New York Central and Hudson River Railroad Company's tracks ; thence north- westerly along the center of said company's tracks to the center of Hcbard street; thence northerly along the center of Ilebard street to the center of Bay street ; thence westerly along the center of Bay street to the center of *North avenue ; thence northerly along the center of *North avenue to the place of beginning, shall constitute the eighteenth ward, {.-/.v amctidtut L. 1894, Ch. 2^). Nineteenth Ward Boundaries — All that part of the said city included within a line beginning at a point where the center of Bron- son avenue would intersect a- line drawn through the center of the lands now owned and occu- pied by the Western New York and Pennsyl- vania Railroad Company, being the land for- merly used and occupied by the Genesee \'alley canal ; thence westerly along the center line of Bronson avenue to the center of Genesee street ; thence northerly along the center of Genesee street to the center of West avenue ; thence westerly along the center of West avenue to the center of Chili avenue ; thence south- westerly along the center of Chili avenue to the westerly boundar)' line of the city ; thence southerly on the westerly city line, in its various courses, to a point where the said westerly line of the city intersects the southerly line of the city ; thence easterly and southerly, following the said city line, in its various courses, until the said line intersects a line drawn through the center of the Genesee river ; thence north- erly, in the center of the Genesee river, in its various courses, to a point where a line drawn through the center of the said (Genesee river would intersect the south line of the Strong tract : tluiict- tnorthwcstt-rly along the south *So in stssion laws. Xow " Portland avenue." tSo in session laws. Should be " westerly." City ok Roi hkstkr 21 Old Cluirtcr line of the Strong tract to the center of the tracks of the Western New \'ork and Penn- sylvania Railroad Company; thence northerly, along the center of the tracks of said railroad company, to the place of beginning, shall con- stitute the nineteenth ward. (As ante tided L. 1894, Ch. 28; i/ian}^t'd by L. 1899, Ch. 373, § 2). ♦Twentieth Ward Boundaries — All that part of the said city included within a line beginning at a point where a line drawn through the center of Genesee street would intersect a line drawn through the center of West avenue ; thence westerly along the center of \\'est ave- nue to the center of Chili avenue ; thence *So in session laws. The description should be as follows: Twentieth Ward — All that part of the said city included within a line Inrginning at a point where a line drawn through the center of Genesee street would intersect a line drawn through the center of West avenue; thence westerly along the center of West avenue to the center of Chili avenue; thence southwesterly along the center of Chili avenue to the present ciiy line; thence northerly along the present city line to the north line of Chili avenue; thence southwesterly along the north line of Chili avenue to the west line of a street known as C.ardiner avenue; thence northerly along the west line of (lardiner avenue si.\ty feet ; thence westerly at right angU-s with Ciardi ner avenue seventy-tive feet ; thence southerly p;irallel with said (lardiner avenue to the aforesaid northerly line of said Chili road; thence southwesterly Hlong the northerlv line of said Chili road to the easterly line of a highwav called Lincoln avenue; thence northerly along the easterly line of said Lincoln avenue to the south line of the highway called the HufTalo road; them '• easterly along the southerly l)oundaries of said Buffalo road to the present westerly city line ; thence northerly along the present westerly city line to the center of Jay street; thence easterly along the center of Jav street to the center of .Saxlon street; thence southerly along the center of S.ixton street, and on a line extended southerly through the center of Saxton street, to the center of Hrown street; thence south- westerly along the center of Hrown street to the place of beginning; the said westerly Iwundary lines being a part (if the present westerly Ixiundarj- line of the city; and the said part of the said city included within said lines, shall constitute the twentieth ward. Charter Law ok the Old Charier southwesterly along the center of Chili avenue, and continuing southwesterly along the center of a road formerly known as the Chili road to the easterly line of a highway called Lincoln avenue ; thence northerly along the easterly line of said Lincoln avenue to the south line of the highway called the Buffalo road ; thence easterly along the southerly boundaries of said Buffalo road to the present westerly city line ; thence northerly along the present westerly city line to the center of Jay street; thence easterly along the center of Jay street to the center of Saxton street : thence southerly along the center of Saxton street, and on a line ex- tended southerly through the center of Saxton street, to the center of Brown street; thence southerly along the center of Brown street to the place of beginning; the said westerly boundary lines being a part of the present westerly boundary line of the city ; aird the said part of the said city included within said lines, shall constitute the twentieth ward. {As amended L. 1894, Ch. 28). 5j 5. Territory included fromlrondequoit, Brighton, Gates and Greece — 1 he tcnitory taken from the towns of Irondequoit, Brighton, Gates and Greece, and the personal property of the inhabitants thereof now residing thereon, includet] within the enlarged city boundaries, so long as they shall continue to reside thereon, shall be exempt from the payment of any part of the present city debt which was contracted for bounties for soldiers or for the relief of soldiers' families, or for the construction of water-works, or which may hereafter be con- tracted for the construction or completion of water-works, or any interest that may accrue thereon under and by virtue of chapter three hundred and eighty-seven of the laws of eigh- teen hundred and seventy-two, or for the ex- penses of lighting the city, or for the debts embraced in what are known as the "defici- ency bonds " of the city. Whenever, how- City of Rochester 23 Old Charter ever, a majority of the taxpayers upon a street within the territory so annexed shall petition for the extension of the water mains or lamps upon such street for their benefit, the taxable property and residents on said street shall become jointly liable upon their assessment in said territor)' with the old territor)' of said city for such portion of the water debt, if they petition for water mains, as may then remain unpaid, or if t?hey petition for lights their pro- portion for lighting said city. And it is hereby further provided that the towns from which the territory hereby annexed to the city of Roch- ester is taken shall be released from the sup- port of all paupers who are actual residents upon the territory so taken, and they shall thereupon become a charge upon the city of Rochester. The assessors of said city are hereby required to prepare an assessment-roll for said new part of said twelfth ward created by this act and deliver to the supervisor of said ward for the use of the board of supervisors of Monroe county on or before the first day of October, eighteen hundred and ninety-five. (As anictuicii I.. 1895, Ch. (i\l). 24 ( 'll \R 1 !■ k I , \\V (IK I IIK Wliitf Charter ARTICLE II LK(;iSLATI\K DKl'ARTMENT Sec. 12. Legislative power vested in common council — The legislative power of the city is vested' in the coninion council thereof, and it has authority to enact ordinances, not inconsistent with the laws of the state, for the government of the city and the management of its business, for the preservation of good order, peace and health, for the safety and welfare of its inhabitants, and the pro- tection and security of their propert}- ; and its authority, except as otherwise pro\ided in this act, or by otlier laws of the state is leg- islative only. (/. 1898, C/i. 182). MEMORANDUM OK DECISION.S ON ORDIN.ANCES Authorities collated as to the proper exercise of police power- Village of Carthanf vs. Kiirclfiick, 122 N. \'. 2('),S. Ordinances have the force of statutes— Village of Carthage vs. Fred- erick, j///n;; City of Buffalo vs. N. V. L. E. & W. R. R. Co. 152 N. V. z-G, (iS.i;); People ex rel. Cumi.sky vs. Wurster, 14 App. Div. 556, (1S97) ; and cannot be collaterally impeached — Consumers Gas Co. vs. Consumers Springs Co. 6i Ilun 133, (i.Si>3); may be partly void — Duryee vs. Mayor, 96 N. V. 477, (1884). Ordinances must be reasonable — Village of Carthage vs. Frederick, supra; City of Hrooklyn vs. Nassau Ml. K. R. Co. 38 App. Div. ^Ti;. ( 1X99) ; City of Buffalo vs. Collins Baking Co. 37 .\pp. Div. 432, (1899). Reasonable as to one state of facts may be unreasonable as to another — For>l vs. .Staiul.ird ( )il Co. 32 A])]!. Div. 5i)(i (i.S()S). Rules ha\e not the force of ordinances — .\rniatage vs. Fisher, 74 Hun if.7. Publication essential to Nalidity — Kneil) vs. I'eople, 6 Hun 23S. Extent of the words "to license and regulate" — Cronin vs. People, 28 N. V. 318; Ciiy of Buffalo vs. Schleifer, 51 St. Rep. 58; City of Brooklyn vs. Nodine, 26 Hun 512. City ok Rochester iio White Charter If the common council authorizes a nuisance, the city becomes liable — Spier vs. City of Brooklyn, 139 N. V. (>. Ordinances must apply to citizens of all parts of state alike- General Municipal J.aw, § 2~. Contracts in violation of ordinances are void — lUirger vs. Kavelsch, 77 Hun 44. (|S(J4). General statute on same subject does not render ordinance void — Polinsky vs. People, i i Hun 390, (1877). Repeal revives former ordinance — Mayor vs. Broadway, etc. Ry Co. 97 N. V. 275, (1884). Extent of ordinances regulating the use of bicycles — L. 1899. Ch. 634; regulating auhiniohiles — Highway l«i\v as amended. L. 1903, Ch. 625. See also article on ♦* Ordinances," Am. & Eng. Enc. Law, 2d Edn., Vol. XXI. pp. 943-1004. 5$ 13. Aldermen and president of common council ; sal- aries — There shall be elected at the first election under this act. and at the city election every two years thereafter, a president of the common cotmcil from the city at large, who shall receive an annual salary of one thousand dollars, and one alderman from each ward of the city, who shall have been a resident in such ward for at least five months prior to such election, who shall hold their oflices for Iwo years; and the aldermen thus elected shall constitute the common council. The annual salary of each alderman shall be, in a city havini; a po|)ulalion, as appears by the last state enumer- ation, of less than one hundred thousand, five lumdred dollars ; in a city having a population of more than one hundred thousand, as afore- said, seven hundred and fifty dollars. (,/jr amcniicii I.. 190::, Ch. 22\. See also I.. 1901, Ch. 534. /.. \'.)02. Ch's. 3 tin,/ ^). (ieneral powers and duties of aldornit-ii See note under § 34 White Charter, this Ixx.k. / '-.' Payment of salary to dc facto a dcicnce ;igaiiist dc jure alJcr- man — Demarest vs. Mayor, etc., 147 N. \'. 203. Legislature cannot pass retroactive measures as to salaries of aldermen — ^■ouIlg vs. City ol Rochester. 7;, .\pp. l)i\. Si. 20 CllAKTtR Law oi iiii White Cliurtcr 55 14. Meeting of common council; duties of president — The incmhcrs of the common council shall meet in the room provided for that purpose on the second day of January after their election, or if that be Sunday, then on the next day. The president shall preside at all meetings and discharge such other duties as presi- dent as may be defined by ordinances of the common council and other provisions of this act. The common council may. at any regular meeting, choose one of its members president, with like powers, to fill a permanent vacancy in the office, and in like manner it may choose a president pro tempore to act during- the temporary absence or inability of the president. In case of a vacancy in that office, until it shall fill the vacancy as above provided, the mayor shall preside over its meetings. But in case of a vacancy or until a president has been chosen it shall transact no business except to adjourn from time to time. The president may vote like other members of the common council upon all resolutions and ordinances submitted to the body for its action, in case of a tie vote. {L. 1S98. C/i. 1.S2). The President of the council can only vote in case of a tie — IVople ex rel. Argus Co. vs. Bresler, 70 App. Div. 294; alilirnied, 171 N. V. 302. $ 15. City clerk and assistants — The common council shall choose a clerk, to hf)lcl office during the term for .which its members were elected, unless sooner removed by a vote of three- fourths of all the members of the common council. He shall be the city clerk, and shall attend the meetings of the common council, keep a journal of its proceedings, and discharge such other duties as may be prescribed by the city ordinances. He may ap- point to hold oflPice during his pleasure a deputy and such other sub- ordinates as may be prescribed by the board of estimate and appor- tionment. The presklent, clerk and deputy clerk of the common council shall each have the powers of commissioners of deeds. {As amended L. 1900, Ch. 273). City ok Roi hksiek -T White Charter General duties of city clerks in rej^ard to elections — The Election Law. (For full information as to jjrimaries and elections, see " Jewett's Manual for Election Officers and \'otcrs"|. Oaths of office to be filed with city clerk— Tublic Officers I.a\v, § lo. Marriage certificates to be filed with city clerk — Domestic Rela- tions Law, S '5: anitiukd L. ii)Oi. ( li. -•,--,<>. Trial jury list to be filed annuall> with the city clerk— L. iS.,.;, Ch. 441, § 12. Deposit of books and papers with city clerk — Code Civil Proc, §§ ;5i44-3i4S, inclusive. Laws affecting city to be sent to city clerk, and by him kept on file — Legislative Law, §49; as amended, L. iS()3, Ch. 132; L. 1894, Ch. 13S, and L. iSg^). Ch. rqg. Enrollment of persons liable for military ser\ ice to be filed with city clerk — Military Code, §§ j, 4. Notice of application for final naturalization papers to be served on city clerk- I.. |S(;5, Ch. 927, S§ t-'"^- <''<>'■ ''i^' 1;'W^ <'f il'e I'nited States governing naturalization, see U. S. Revised Statutes, §§ 2165-2174, 5424-5429, 1 992- 1 994, 1999 and 2000. As to naturalization certificates, see Election I^w, § 34, subdiv. S, and Penal Code, §§ 4i.\. 4iyi. Post commander G. A. R. shall file notice with city clerk -l'->or Law, § Si . Minutes of hearings before assessors, and tav roll to be filed with city clerk— l.i.x Law. {?§ 30 and 3S. Old Charter ii 29. City clerk to report persons elected and appointed —At the expiration of ten days after any ck-ctioii or apixiintincnt of any ofiiccr or officer.s in the said city, the clerk of the said city sliall deliver to the common council a list of the persons elected or appointed ; and of the ofVices to which they are chosen, therein specifying such as shall have filed with him the oath of office or notice of acceptance required by law, and such as shall have omitted to tile the same within the time herein prescribed. (/.. 1880, C//. 14). '2X C'liAKiKR Law oi iiiK Old Charter >? 55. Powers and duties of city clerk — The clerk shall attend the meetings of the common council, and keep a record of its proceedings, and shall have the custody of the corporate seal, and shall keep all papers that, by any provision of law, or by the direc- tion of the common council, are required to be filed with or kept byiiim. Copies of all papers tiled in his office, and transcripts from the record of the proceedings of the common council, certified by him under the corporate seal, shall be evidence in all places of the matters therein contained. He shall counter- sign all licenses granted for any purposes by the mayor or common council, and he shall enter in an appropriate book the name of ever)' person to whom a license shall be granted, the date thereof, and the time during which it is to continue in force, and the sum paid for such license. No license for any purpose granted [*shall be valid] unless thus countersigned by the clerk. No license shall be valid until the sum of money required therefor shall be fully paid in advance to the treasurer. It is hereby made the duty of the city clerk to call upon the chief of police for a detail of one or more policemen to enforce the penal ordinances of said city in relation to all persons required to take out licenses, and he shall report to the corporation counsel for prosecution all violations of said ordinances that may come to his knowledge. There shall be an assistant city clerk, who shall be ap- pointed by the common council as herein provided, and who shall have the same powers as the city clerk whenever the city clerk is absent from the city, or is incapable of per- forming the duties of his office by reason of sickness or otherwise, and shall have such powers as the common council may from time to time prescribe, not inconsistent, however, with the provisions of this act, he shall receive such •Omilted in Session I^ws. City of Rochester 29 Old Charter Powers and duties of city clerk— Continued conipcnsalion for his services as the com- mon council may from time to time pre- scribe, and shall give a bond upon the same terms and for the same amount as the city clerk. The city clerk shall, within five days after the close of each session of the common council, cause the proceeclin<,'s thereof to be published in the ofticial newspaper of said city, and in case such official newspaper has not been selected, he shall cause the same to be published in such newspaper as he may designate. {As amended L. 1897, Ch. 784). NoTK — See White Charier §47, as to present custody of city seal ; as to deputy city clerk, § 15; as to publishing procetdings. § 2'j. § 16. Special meetings of common council The presi- dent of the common council, or a majority of its members may call a special meeting by causing a written notice thereof, specifying the objects of the meeting, to be served by the city clerk upon each mem- ber personally, or by mail, directed to his place of residence or place of business, at least twenty-four hours before the time of such meeting. (/. 1S98, Cli. 182). § 17. Meetings and rules of common counk-il -The com- mon council shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its members. Its meetings shall be public and its records open to public inspection, and, except as herein provided, a majority of all its members shall he a quorum for the transaction of business. The passage of an ordi- nance, luiless ollierwise herein provided, shall retiuire the affirmative vote of at least a majority of all its members. (/,. 1898. Ch. 182). § 18. Forbidden acts of c. I'.uffal.., (.5 Ihiii .t^.). Tax budj2;et illeKal unless passed by required vote — Kiik vs. McGuire, 32 Misc. 596, (1900). Cnv OK Rochester 31 White Charter § 20. When ordinances become operative — No ordinance of the common council shall become operative until it has been enrolled and attested by the clerk and signed and approved in writing by the mayor, or passed over his veto, and, whenever the same may be necessar}', promulgated according to law ; and every ordinance imposing a penalty or forfeiture for the violation thereof shall, before the same shall take effect, be published at least three times in each week for two successive weeks in the official newspapers of the city, provided, that in case of insurrection, riot, pestilence, conHagration or other public necessity requiring immediate operation of such ordi- nance, it shall take effect as soon as proclamation thereof has been made by the mayor, and it, with such proclamation* has been posted in live public places in each wartl of the city. (Z. 189S, Ch. 182). Old Charter i? 44. Ordinances as evidence — Ever)- ordinance, rule and regulation of the common council, and of the executive board, im- ])()sing a penalty or tine, unless a different time shall he prescribed therein, shall commence and take effect on. and not before, the tenth day after the day of its adoption or passage, and shall continue in force imtil otherwise ordered by the common council or executive board passing or adopting the same. A record or entry made by the clerk of said city, or of said executive board or a copy of such record or entry duly certified by said clerk shall lie prima fiuic evidence tiiereof. Such record or entrv, and all laws. regulati(^ns and ordinances and any act, resolution, by-law, rule or pro- ceeding, and any recital of any occurrence taking place at any meeting of the common council or said executive board, may be read in e\ idence in all courts of justice, and in all 3*2 (iiAKiiK Law ok thk Old Charter Ordinances as evidence— Coniinued proceed inj^s before any officer, body or board, in which it shall be necessary to refer thereto, either : 1. I'roiu a copy thereof, certified by such clerk, in case it is signed by the city clerk with the seal of the corporation affixed, and — 2. From the volume printed by authority of the common council or said executive board, and any printed volume or pamphlet which purports to be a copy of such ordi- nances, resolutions, proceedings or minutes, shall also be received as presumptive evidence thereof, and of the due adoption and publica- tion thereof when required at the time therein purported, and provided such pamphlet or volume purports to have been published by order or direction of the common council or the executive board, or to contain such ordi- nances, resolutions, proceedings or minutes. In every court held by said police justice and said municipal court, judicial notice shall be taken of every ordinance aforesaid. (As amended L. 1890, Ch. 561). Minutes of common council only prima facie evidence— lk-11 vs. City of Vonkers, 78 Hun Documentary evidence — See Code of Civil Procedure, § 1^41. § 21. Ordinances subject to the mayor's veto power — Ever}' ordinance of the common council shall, innnediately upon its enrollment and signature by the president and clerk, be presented by the clerk to the mayf»r. If he approve it, he shall sign it and retinn it to the clerk, and it shall take effect. If he neglect to approve, sign and return it to the clerk within ten days after receiving it, and he does not disapprove it within that time as herein provided, then it shall take effect as if he had approved and signed it. If he disap- prove it, he shall, within the same time, return it to the clerk with his (IIN Ol Koi HKSTKR :i8 WMt. ( liarter objections in wrilin;^. and the clerk Nhall present tlie same with such objections to the common council at its next regular meeting; and then the common council shall, within thirty days thereatter. recon- sider the same ; and unless- three-fourths of all the members of the common council, and if a greater number of members were nece.ssan", according to the prov isions of this a( t. for the original passage of the ordinance, then as many members as were requisite for the original passage of the ordinance, shall vote to pass the ordinance, it shall not take effect: but if the requisite number of members so vote, then the ordinance shall take effect as if approved and signed by the mayor. When an ordinance appropriating money contains several items, and when an ordinance embraces more than one distinct sub- ject, the mayor may approve the pro\ isions relating to one f)r more items or one or more subjects and disa])pro\e the others. In such ca.ses those items or subjects which he shall approve shall become effective, and those which he shall not aj^prove shall be reconsidered by the connnon council and shall only become effective if again passed by it as above provided ; and the foregoing provision in reference to approval and disapproval, and failure to return an ordi- nance within ten days aftir the receipt of the same, shall be applicable to and govern su< h c.ises. i /.. iS<)S, ('//. iSj). Mayor must state reasons for veto- rm.v.i.i, .1,. ^^ I Inn 574. Law must be strictly construed as to action on veto (tltiison va. I'curless Mamif. Lu. 1 .\pi). Uiv. .:57 ; aHiiiucil, H<} .\. \. 374. NoTK — The Old Charter ouilintd a different procedure for the conNideraiion of the common council ordinances by the mayor, and extended the veto power over the acts of the hoard of education as follows : § 48. Veto power of the mayor — Before any ordinance, resolution or order of the connnon council concerning any pub- 34 CuAKTKK Law ok thk Old Charter Veto power of the Mayor ( 'iolations .\ny person violating an ordinance of the common council shall be guilty of a misdemeanor, and the common council may provide by a general ordinance, or in any ordinance, that any person guilty of such violation shall be liable to fine which shall not exceed one hundred and fifty dollars in amount, or to impri.sonment not exceeding one himdred and fifty days, or to pay to the city a penalty not exceeding \\\{i himdred dollars to be recovered in a civil action, or to both fine and impri.sonment. The city may maintain an action in a court of competent jurisdiction to restrain by injunction the violation of anv ordinance of the common council or of the com- ;U» CllAKI KK I, \U f>K rilK White t li;irlir missioner in charj^^c ot the health clepartiiicnt. notwithstanding that an ordinance may provide a penally for its violation. {^s amended I.. 1S99. Ch. 581). For jurisdiction of police justice over \ iolations of ordinances, set- g v»5 NVhite Cliaritr, this book, post. Old Charter >; 43. Common council may prescribe penalties and enforce same — \\ here. In the pro\isions of this act. the common council have authority to pass ordinances on any sub- ject, they may prescribe any penalty or penal- ties, not exceeding one hundred and fifty dollars in amount, except when a penalty is herein otherwise provided for, for a violation thereof, and may prescribe and provide such penalty or penalties that the offender shall be subject to a fine of not less than a sum fixed ])y them, and not more than some certain sum likewise fixed not exceeding said one hundred and fifty dollars, to be imposed by the police justice or judge or court before whom a suit for such penalty or penalties is brought. The amount so imposed to be in the discretion of such justice, judge or court, but within the limits of the sums so fixed; and said common council may also provide that the offender, on failure to pay the penalt\ recovered, shall be impri.soned in the Monroe county penitentiar)' for a term not exceeding one hundred and fifty days, which penalty may be sued for and recovered, with costs, in the name of the city of Rochester ; the duration of the imprison- ment may, unless otherwise specified in the ordinance, be determined by such justice, judge or court at tlie time the judgment is entered, but shall be within the limits afore- said, and of the ordinance passed by said common council. Every execution upon a judgment recovered for any penalty or forfeit- ure imposed for the violation of any ordinance ClIV OF ROCHKSTKR 37 of the corporation may be issued immediately on the rendition of the judgment, and shall command the amount to be made of the per- sonal properly of the defendant within the city, not exempt from levy and sale under an execution, if any such can be found, and if not, then to commit the defendant to the Mon- roe county penitentiary for such time as shall have been directed by the common council or such justice, judge or court as herein provided, and may be issued to. and enforced by. any member of the police department of the city. And the police justice or police clerk of the city of Rochester may issue an execution upon any judgment heretofore or hereafter rendered by a police justice of said city. ( -7j" amcihifti /-. iS()o. Ch. 561 I. § 24. Executive functions, Hn nn honi exercised When- ever an executive or administrali\e function shall be required by an ordinance of the common council to be performed, the same shall be performed by the proper executive or administrative officer or depart- ment, to be designated in the orclinance. and in case no such designa- tion be thus made, the mayor shall make the same. ( /.. 1898, Ch. 182). Omission ol diit\ \>\ public oiiitLT a inisilcintaiiDr -IVnal (.'dde, § '51 Commission ol proiiii^ited act a niisdcnu-anor I'.nal Cidf. § 155. ^ It,. Common council may reji^ulate duties of officials and investigate dep.'irtments The counnon council may. by ordinances passed by two-thirds of all its members, not inconsistent with thr provisions of this act. or other laws of the state, regulate the powers and dvities of any city ofticer or department; and it has |X)wer to investigate all city officers and departments, and .shall have access to all records and papers kept by every city officer or department, and has power to compel the attendance of witnesses and the production JJiltialo '.iX ClIAKTI K I.WV (»K THK White CMiartcr of hooks. j)apers or other c\ iclcncc. at any meeting of the coininon council, or of any committee thereof, and for tliat purpose may issue subpctnas signed by its president. ( /,. 1898. C'/i. 1S2). Municipal corporation not bound where the officers fail to pursue strict rct|uirenicnts of law under which they are acting and no subsequent act can bind the corjjoration — Smith vs. City of Xewburgh, 77 N. V. 130; Dickin.son vs. City of Foughkeepsie, 75 N. V. 65; McDonald vs. Mayor. 6S N. V. 23; Village of Fort Kdward vs. Fish, 156 N. V. 363. § 26. Creation of temporary and funded debts The com men council is authorized to create tempcjrary and funded debts on the part of the city for the various purposes authorized or contem- plated by this act and otherwise by law. The creation of temporary and funded debts is governed by the provisions of the municipal law, being chapter six hundred and eighty-five of the laws of eighteen hiuulred and ninety-two and the amendments thereto, except as other- wise provided by this act. An ordinance authorizing a funded debt shall, before it can take effect, be submitted to and approved by the board of estimate and apportionment by an affirmative vote of at least four members of the board. Kver}- funded debt shall be issued in such amounts and shall fall due at such times tlial the principal of the same shall be fully paid in twenty equal annual payments, the last of which shall become due at the end of twenty years after its issue. Nor shall any such annual payment, nor all of them, be refunded, but provisions shall be made for their payment in the year in which each fall due, by insertion of the proper sum in the annual estimates for the year in question, (.-is nmt'nJcd /.. 1899. C/i. 58 11. As to funded debts and municipal bonds, see Cieneral Mmiu ipal Law, §§ 4-"''- Funded debt defined — People e.x rel. Peene vs. Carpenter, 31 -App. Div. 603 (i8y8). Money to pay bonds must be pro\ ided — Marsh \s. Town of Little Vallev. 64 N. V. 112 (1876). Cnv oi R(MHKSTKK 39 White Charter Provisions as to funded debts an enablin]; act for cities City of Protection of municipal bond holders — I.. iS<,5. Ch. -i)2. Limitation of cit\ debt — Smt. <".>n^iitiiii..ii. Art. Vlll. § lo. Power to borrow money limited by law — Wells vs. Town of Salina. 1 i<> N. ^'. 280; distinguished, Birge vs. Berlin Iron Bridge Co. 133 N. V. 477 (i.S()2). at p. 4S6. Constitutional debt limit discussed «:cnerally— Kr«.nsl>ein vs. City of Kochester, j(> .Vpi). l>i\. 4'<4. § 27. Vacancy in office of alderman. ;iiul expulsion of members — In ca.se of a failure to elect an alderman of any ward at a proper election, and in case of a vacancy from any cause in the office of alderman from any ward, the common council may choose a qualified resident of the s;ime ward to till the office for the term or the remainder thereof. lUit in case of a \ acancy from any cause, except for a failure to elect, the person so cho.sen must be of the same politi- cal party as the alderman whose place he is chosen to fill. The common council may compel the attendance of ah.sent members at any meeting' properly called and may punish or expel a member for di.sorderly conduct, for a violation of its rules, or for official miscon- duct, or declare his seat vacant by reason of absence, provided such absence has continued for the space of two months; but no expulsion shall take place, and no vacancy on account of absence be declared, except by the vote of three-fourths of all ih<' members of the common council, nor until the delinquent member has had an opportunity to be heard in his defense. (/.. itS<).S. ( //. 162). Vacancies jcenerally Sffiiers I .aw. § ;o. § 2S. l^gislatiNe acts to be h\ orJipantcs on % ea and nay vote .All the legislative acts of the common council shall l->e 40 ( 11 \K IKK !. \U Ml I UK Whii. l)y ordinances, and on the passage of e\ery ordinance, the yeas and nays of the members shall he taken and entered in full in the journal. ( /.. i8(,S. (•//. 1.S2). ^ 2(). Desijjnation of official newspaper — .\t the first meet- ing of the common council after the election of its members, it shall, by a 7/7(7 voce vote, designate two daily newspapers published in the city to be the official papers of the city. Kach member shall be entitled to vote for one of the papers, and the two papers having the highest number of votes shall be the official papers for two years and until others are designated. Such papers shall publish the pro- ceedings and ordinances of the common council and all other matters required by law. or by ordinances of the city to be published. In case any of the ofiicial papers shall refuse or fail to act or perform as such, the common council may designate another paper in its place. Provided that if any city contains a population of less than ninety thousand inhabitants as appears by the last slate enumeration, instead of the proceedings above set forth, the common council shall, within thirty days after the first meeting of its members, meet and designate by 7-ivn -•occ vote the two daily newspapers published in the said city which haxe the largest circulation and are of opposite political faith and also the two weekly newspapers published in the said city which have the largest circulation and are of opposite polit- ical faith as the official newspapers of the city, for two years and until others are designated. The official newspapers heretofore designated in a city which contains a population of less than ninety thousand inhabitants as aforesaid, shall continue as such until the day herein fi.xed for the first designation of official newspapers and shall then cease It) be the official newspapers, unless again designated as herein pro- vided. All bills aixi accounts for publication in official newspapers, and all citv printing and advertising shall be a city charge, and shall ("nv oi KociiKsiKR 41 Wliili- < 11. Ill- r be paid by the treasurer upon the audit r.f the comptroller, (.-/x (ii/irn(/f(/ /.. i')03. C/i. 182). The president of the common council cannot \ote for official newspaper — IV-i.plc f.\ nl, Argn- Co. v>. Itn.->lcr. 70 App. i»i\. JVM : amrm-d. 171 N. V. 302. Chan^in}!; paper after designation— l'ci>i)le ex rel. L'nion and Adver- tiser C<>. vs. Hoard of Siiptrrvisors of .Monroe Couiiiv. (>o Hun ^2S. § 30. Chanjjin^ name or jjrade of streets — The conunon council .shall not alter the name of any street (except upon a petition of a majority of the owners of abutting lots), nor shall it change the grade of any street which has been legally established, except u[X)n a vote of twr>-thirds of all the members of the common council, and except also upon comjiensation for damages done, to be ascertained as damages are ascertained under the condemnation law for lands taken. (As nntrnJiuI I.. 1901. Cli. 552). § 31. Ordinances prior to January 1st, 1Q(N) — Ihe common council shall, prior to the year nineteen hundred, pass ordinances, to take effect januan,- first, nineteen hundred, to give effect and operation to the provisions of this act: but it shall not at any lime pass any ordinance directing or interfering with the exercise of the executive functions of the otVicers. departments and boards of the city as pro- vided bv this act or the other laws of the state. (/. 189S. Ch 1 S ' >. i^ 32. Printing and distribution of minutes of common council — The minutes of each meeting of the tonunon council shall be printed in full within six days after its adjournment and imniedi- atel\ distributed, one to the m.iyor. one to each member of the com- mon council, one to the head of each department, and one to ever)' la.xpayer. entitled thereto imdcr section four hundred and seventv-two of this act. .\t the end of the year the printed minutes shall Ik* indexed and bound in adequate number. (/,. 1898. Ch. 182). 42 CiiAKiKK Law <)i ihk White (liarttr § 33. Appointments by viva voce vote All appointments or clesi<:jnati()iis mack- by the coinnion council shall be by t/7'(T voce vote. (Z. 189.S. Ch. 182). § 34. Ordinances and bonds for local inipro\ ements — The coniinon couiicil nia\ . b}- and with ihe acK ice and consent of the board of estimate and apportionment, tix and determine the amount and proportion of the expense which shall be borne by the city at large for opening, altering, grading, curbing or paving a street, or for constructing a public sewer therein, which is not less than twent)' inches in diameter. The amount and proportion of the ex- pense of such improvements which shall be borne by the city at large shall be assessed and charged against and upon the real and personal property liable to taxation in the city. Such amount may be inserted in the tax budget and raised liy tax. or it may be borrowed and raised by the city by the issuing of its bonds in accordance with the pro- visions of section twenty-six of this act, as shall be determined bv the board of estimate and apportionment. The moneys to |)av such bonds when due, together with the interest accruing thereon from time to time, shall be rai.sed by taxation as other moneys are rai.sed by taxation in the city and shall be paid into the general funds of the city. Such bonds as they mature, tf)gether with the interest thereon, shall be paid out of said general funds. The proportion of the expense which is not borne by the city shall be assessed and charged upon the property benefited bv such improvements as hereinafter provided. {As amended L. 1899, Ch. 581 ). Note — §§ 35-4'. inclusive, omitted in White Chaittr as lirst eiiaLted. Powers of common council over streets — §§ 125. 143, 146. and i4<). W'liile chartt-r, this hook, f-osl. Sec Index. I.\ ADDITION TO THE PROVISIONS OK THK CHARTKK, t)IHKR I.AWS PROVIDE THAT THE COMMON COUNCIL MAY: Build canal bridges — The Canal l,a\v, «}§ 117-iiS. Cnv OK KcuUKSIKK 43 I'owt-rs of common council — ('ontinut-d Build river bridges— I.. iSSS, Ch. y.-,; I.. iS()2, Ch. 51.;- Submit question to people of building bridges- General City l^w. §§ 70-.S0. Collect license fees from persons selling; goods on the canal — General City Law, 5; S. Acquire land for cemeter\ purposes — I.. iS6(>, ("h. 727; amended L. 1870, Ch. 760; §§ :: and 3 re-enacted, L. 1S73, Ch. 4^2 ; amended I.. 1.S75, Ch. 20C; I,. iSr,2, Ch. 51S: I.. iS()S. Ch. 5(1. Pass ordinances for enforcement 01 act reiatinv; to storage of oils — Domestic Commerce Law. i; j;, Prevent encroachments in (jenesee ri\er— I.. iSf.;. ch. <^>3i), § 7. Direct lease of public buildings at nominal rent to \eteran organ- izations — (ieneral Miiniciiial Law, § jfi; White Charier. § 132. Levy annual taxes for private parks L. iS.So, Ch. oo, Ch. ;,.»-■ By its committees conduct in\ estigations, administer oaths and summon witnesses- 1 )M ( h.ut.i. §§ 2.S2. 2S3; .see .iI.mi (.eneiai City liiw. §§ 5 :• Prevent the use of soft coal in public institution.s ( .. lural Citv Have hearing on cit_> bills received ironi legi.slature (ieneral City I-Tw, §§ .p-35- Appropriate money for support of charitable institutions L. iSijj, Cli. 754; a.s anuiulid L. ijoj. <'li. 155. Appropriate $10, 000 nnnuall\ for the purchase of works of art (ieneral Cit\ 1 .iw . !j 1 .-. Establish and maintain libraries — (ieneml Municipal I.aw. § 24. 44 fHAK 1 Kl< L \U ()| IHK I'owers of iiiinniDii roiiiu.il — L'ontiniied Adopt voting machines l.kctioii Law. §§ 16^166, inclusive. Ai in- kMI N M \N : Have powers of fence \iewers in to>%ns — Tciwn I.iw. is 1 ;) Solemni/e marriage I >>>nnst it Kchiti'ms law. 5 n Receive from fi\e to ten copies of election lists — Kl.ttion I.aw, § 6: Not be interested in contracts — (iL-neral City Law, § jj. Consent to bindinj; apprentices— Domestic Relations Law, § 73. Command mobs to disperse— (Ode of Criminal I'lm.. § 106. Old Charter ■J ;^i. Resijinations to be made to common council Kcsi^nation by any officer authorized to be chosen or appointed by this act shall be made to the common council of the city, subject to their approval and accept- ance. (/,. i)-\ ; ronu-roy on C'ontrai is. p. 37; ; Hell vs. l,eggetti 1 Ml ( >l(l (hami and ]Mcinises within said city, and to cause all buildings, d\vcllin;;s and business places tf) be numbered or reiuunbered on any and all streets, squares, avenues, parks, places, courts and alleys in said city, at the cost and expense of the owner thereof; to regulate.the exhibition and distribution of advertisements or handbills within said city. {As amcndeil f,. 189^,^//. 28). 8. IloRSK-RAClNG, DKlVINd, KTC. To j^revent and punish horse-racing, and to regu- late driving and riding in any street, avenue, lane, alley or public square, park, place or upon any of the bridges within said city and to authorize the stopping and detaining of any person who shall be guilty of such racing or immoderate driving or riding aforesaid. {As amended L. 1890. Ch. 561 ). 9. Raii,roads, etc. — To determine and designate the route and grades of any railroad to be laid in said city, and to restrain and regulate the rate of speed of locomotives, engines and cars upon the railroads within the said cit}-. (Z. 1880, C/i. 14). 10. Bathing — To regulate or prohibit bathing in any public water. (Z. 1880, 67/. 14). 11. Drunkards, heggars, etc. — To re- strain and punish drunkards, vagrants, men- dicants, street beggars, and persons soliciting alms or subscriptions for any purpose what- ever. {L. 1880, Ch. 14). 12. Pgunds — To establish and regulate pounds, and restrain and regulate the running at large of horses, cattle, swine, and other animals, gee.se and other poultry, and to authorize the impounding and sale of the .same for the penalty incurred, and the cost of keeping and impounding the same. (Z. 1S80, Ch. 14). 13. DoG.s — To regulate and prevent the running at large of dogs, and to prevent dog fights in the streets, to require dogs to be ('ri\ ol Koi HKSI KR 41» Old Charter licensed, to seize, inipouml. sell or destroy such as are found unlicensed upon the public Streets or places of said city. {.Is ameniliul I.. 1897, Ch. 784). Act as to do^s in cities of second class — L. 1902, Cli. J';4, ])riiUcd ii> full this Ixxik. fost. See Index. 14. l)i;.\l> CARCASSKS, ITTRIIi M KATS. KTC. — To prohibit any person from brinjjin^ or depositing, witiiin the limits of said city, any dead carcass or any other un\vholesf)nie or offensive substances, or to require the removal or destruction of such substances, or any putrid meats, fish, hides or skins of any kind, by any person who shall have the same on his premises, and on his default to authorize the removal or destruction thereof by some ofJicer of the city. (/. 1880, Ch. 14). 15. SiDF.WALKs AND Kkncks — To Com- pel all persons to keep sidewalks in front of premises owned or occupied by them clear from ice. snow, dirt, wood and obstructions, and to prohibit and prevent the erection or placing of or suffering to remain any barbed- wire or any other fence that is likely to cause injury to animals or persons or their clothing within the city of Rochester, situate, built or constructed upon any line of, or adjacent to any street, avenue, alley, lane, sc|uare or place therein, and also to regulate and provide the manner of constructing and maintaining tlivi- sion or line fences within said city, and the mode and kind thereof, and to ap|X)rtion the construction and maintenance of such fences by and between owners of the lands forming such division or boundary lines, (./j amrnii- e,i I.. i8<,o. (•//. 561). 16. AllTIOXKERS, UISTIRBINC; NOISKS. ETC. — To license and regulate, and control auctioneers and the sale of goods. pro|x;rty and (Hher commodities at auction within said citv anfl to determine thi- times and manner 50 C'haktkr Law oi ihk Old Charter of makiiii; such sales, and to prescribe the terms and conditions upon which Hcenses shall be granted ; to prohibit all unlicensed persons from acting or taking part in or man- aging any such auction, and to exact a license fee in such an amount as said common coun- cil may deem reasonable, not exceeding, however, one hundred and fifty dollars per year. To regulate and prohibit the ringing of bells and the crying of goods and other commodities for sale at auction, or otherwise, and to prevent disturbing noises in the streets or places in said citv. (As atnended L. 1890, 67/. 561). See City of Rochester vs. Close, 35 Hun 20S. 17. Inkkctious diseaspus — To require the removal, from the populous parts of the city, of all persons having infectious or pesti- lential disea.ses. (Z. 1880, 67/. 161). 18. Burial of dead — To regulate the burial of the dead, and to compel the keeping and return of bills of mortality. (Z. 1880, 6'//. 14). Burial in any cemetery in city can be prevented — reoi^le c.\. rel. Oak Ilill Cemetery A.ssn. \s. I'ratt, 129 N. \. f)8. 19. Markets and sales — To establish, order and regulate markets ; to regulate the vending of temporaiy sales of clothing, boots, shoes and other commodities ; wood, coal and other fuel ; meats, vegetables, fruits, fish, poultry, milk and provisions of all kinds ; strong or spirituous liquors, wine, ale or beer, not in conflict, however, with any state law ; and to prescribe the time and place for selling the same, and for ascertaining the weight or other quality thereof, and to prescribe the fees to be paid for licenses for the sale of the afore- said articles : such license fees not to exceed fifty dollars from any person so licensed except that a license fee not exceeding thirty dollars for a wagon drawn bv two horses, and not City of Rochester 51 Old Charter exceediii}; tux-nty-tive dollars for a wagjon drawn by one horse, may be exacted ; and to prevent the sale or exposure for sale of unwholesome, diseased, impure or adulterated meats, vegetables, fruit, fish, poultry, milk, food and provisions of all kinds; and the board of health may appoint from time to time, and at pleasure remove, a competent person, and fix his salar)', to be paid out of the health fund, whose duty it shall be to test and inspect all meats, vegetables, fruit, poultry, milk, food and provisions of all kinds sold, or offered for sale, whenever the sale thereof is regulated by ordinance, for the purpose of preventing the sale or exposure for sale of all the aforesaid unwholesome, diseased, impure or adulterated commodities, and any of such commodities not of the standard or character fixed by any statute now or hereafter passed, before being offered or exposed for sale, but provided that nothing herein contained shall authorize the common council to pre\ent the sale of fresh and wholesome meats by the quarter, within the limits of said city, by far- mers who have raised and fallened the same upon their own farms, (.-/.f nmrniliui I.. iSi^;. Ch. 7.S4). 20. Pi'Hi.ic KKsKRvorRs. ETi". — 'I'o es- tablish, make, regulate and preserve public reservoirs, wells and pumps, and to prevent the waste of water. ( /.. iSSo. Ch. 14). 21. Pi;iU.H IIAlKS. SKXTONS, UNDER- TAKERS, I'AWNHKOKEKS. .\M) HIM. POSTERS — To licen.se, regulate and control .scavengers, chim- ney sweeps, expressmen, cartmen, porters, hack, cab, truck, omnibus and stage owners and drivers and the owners and drivers of all vehicles u.sed for hire in the city of Rochester, f,niatc. and t"i\ (lie rates of compensa- tion to be taken by them ; to license and regu- late sextons and undertakers for burying the dead; to license and regulate butchers, hawk- ers, peddlers, conuiion criers, (* billpost- ers), and runners for stages, railroads, taverns and other houses, junk-shop deal- ers, pawnbrokers and dealers in second- hand articles, and the business of pawn- brokerage; to prescribe the terms and conditions upon which any such license shall be granted, and to prohibit all unlicensed persons from acting in such capacities, and to exact a license fee aforesaid, in such an amount as the said common council shall deem reasonable, not exceeding, however, five hundred dollars per year from any pawnbroker, and not exceed- ing fifty dollars a year from any other of the persons above enumerated, except that a fee of not exceeding ten dollars, for each wagon, carriage or vehicle used in any of the business aforesaid, may be charged for any one year ; to license and regulate billposters and bill distributors, and sign advertising and to pre- scribe the terms and conditions upon which any such license shall be granted and to pro- hibit all unlicensed persons from acting in such capacity and to exact a license fee afore- said in such an amount as the common coun- cil shall deem reasonable not exceeding how- ever one hundred dollars per year, (^s amruii. e,/ L. 1894, C7i. 28). 22. Omnihusks, stacks, etc. — To pre- vent runners, stage drivers or others from soliciting persons to travel or ride in any stage, omnibus, carriage, boat, or upon any railroad, or to go to any hotel or other place of entertain- ment. (Z. 1880, C/i. 14). 23. Strket i.I(;hts — To provide for and regulate the lighting of streets and alleys, and the protection and safetv of public lamps. (Z. 1880, C/i. 14). • So in session laws. City ok R*x hkstkr 53 OK 24. PkDDLERS .\M> I'AWNKROKKRS To regulate and restrain hawking and peddling in the streets, and to regulate pawnbrokers. (/. 1880. 67/. 14). 25. DUTIK.S, COMPENS.VTKJN. HONDS. KIC, OF OFFICERS APPOINTED BY COM.MON COUN- CIL — To prescribe the duties of all officers appointed by the common council, and their compensation, and the penalty or penalties for failing to perform such duties, and to prescribe the bonds and. sureties to be given by the officers of the city for the discharge of their duties, and the time for executing the same, in cases not otherwise provided for bv law. (Z. 1880, Ch. 14). See White Charter, § 45C, this lx)ok,/<'^/. 26. Shade trees — To protect and pre- serve shade trees in the streets, parks, squares, avenues and alleys of said city, and to cause such trees to be pruned and trimmed so that the same shall not obstruct or prevent the proper lighting of streets. {Repcixled I.. 1897, r//. 784'. Power k'yc'H to park board — /.. iS<)6, Ch. 511. 27. liRKs 01 WHEELS — To regulate and prescribe the breadth of tires upon the wheels of wagons, carts, and vehicles of hea\ y draught u.sed upon paved, macadamized or impro\ed streets in .said city, provided, however, that this section shall not apply to vehicles used by farmers coming into the city with produce or fuel. (/-. 18S0. (•//. I p. 28. SEALINt; OK WEIC.Hrs AND MEAS- URES — To require every merchant, retailer, trader and dealer in merchandise or property of anv description, which is .sold by measure or weight, to cause their weights and measures to be sealed by the city sealer, and to be subject to his inspection, and may imj^ose penalties for any violation t>f anv such ordinance. ( A. 1880. Ch. 14). See White Charter. § 44:. this book./Vi/A M C'llAK 11 I- I WV or I UK ( )1U Cliailcr 29. IlAkl'.oKS. CANALS, \VHARV1-:.S, ETC. To pass such ordinances as they may think proper and necessary to prevent the harbors, canals, basins and slips in the city from over- Howing, and to compel the repair or raising up of the banks, wharves and landing along such harbors, canals, basins and slips, and to prevent the casting therein of any earth or other sub- stances, and to prevent and remove all obstruc- tions therein, and prescribe penalties for the violation of anv such ordinance. (Z. 1880, Ch. 14). 30. Licenses nv mavor — The common council may empower the mayor, or other officer of the city, to issue any license author- ized by this act, and said mayor shall prescribe the person to whom the same may be issued, and the amount to be paid for such license, but within the limit fixed in the ordinance or reso- lution authorizing the same. {As amended L. 1890. Ch. 561). 31. Stationary engineers, examina- tion AND LICENSE — To regulate, classify and license all persons operating or using any steam boiler to generate steam, except for railroad locomotive engines, and for heating purposes in private dwellings. To appoint, from time to time a committee of competent persons to examine all applicants for such licenses, and to issue the same to the applicant in the grade or class in which he is found qual- ified, upon such examination to enter. To prescribe the amounts of the license fees to be exacted, whic h. in no case, shall exceed the sum of twenty dollars, but no certificate or license shall be issued until the license fee fixed therefor shall first have been paid to the treas- urer of said city. Such certificate or license may be revoked or suspended at any time by the common council by a vote of a majority of the members pre.sent at the meeting and voting, upon the report of any two practical engineers detailed by the common council for that pur- City of R«>< fif^tkr 55 oia I- „..,>. i pose, stating the grounds upon which such certificate or license should be revoked or sus- pended. Where such certiticate or license shall have been revoked, as aforesaid, a like certificate or license shall not. in any case, be issued to the same person within six months from the date of the revocation of the former certificate or license held by such person. The city clerk shall keep a book of registra- tion, open for inspection at his office, in which shall be registered the name and address of each and every person qualifiefl and licensed as aforesaid. (As iiwe'f/i/tt/ I.. i8(jo. Ch. 5(11 ). § 41. Common council to cover mill- races; assessments — The common council shall have power by ordinance, to cause any mill-race within said city to be covered with bridges or arches or otherwise, in the same manner that other public improvements are directed to be made and pursuant to the pro- visions of title .seven of this act so far as the same are applicable. The expense of such improvement may be assessed wholly upon the owners or occupants of such mill-race, or upt>n such other property as the common council shall deem benefited, or both, in the same manner as other assessments for local improve- ments. (/.. iSHo. (■//. 14). Expense of coverinjc race mu.'*i Ix; a-nscssed only on iIi.im- u>inn r.i< «— l'i-..ple ex nl. Curii.H vs. CMly of km hcster, 54 N. V. 507. See also Huti« v\ nl. w. City of Rnrhrstpr. 57 App. I)i\ . (m\ § 42. Common Louncil ma\ direct j^asli^ht companies to lav mains, etc.; assessments liu- lonnixm loumil shall have power bv ordinance or otherwise to require any gaslight company in said city to lay its mains or gas pipes in any of the public parks, streets, lanes or alleys within the limits of said citv. upon making proper and just com- pensation therefor, and said company is hereby required upon such compensation being made to so extend said mains in pursuance of any 56 C'liAKiKk Law ok iiik Oltl (Charter ordinance duly passed by said common coun- cil, and the said common council may, in its discretion, assess the expenses of said extension upon the property benefited thereby, wholly or partly on said citv at large, or both. (/.. ieniten- tiary for a period not exceeding one hundred and fifty days, or by both such tine and im- prisonment, {.-ts attirniii-ii I.. i8c)7.(y/. 784). Factory Inspector shall in.Npt'ct scaffolding, etc.— Uili'T I .i\\. !; I ) 5i ii\. f'oNNer of common council l«» require scuttles. InJders, etc. I he ( om- iiioi) (duni il ni.iy. I)\ oKlin.uue. require tlie owners and oi cuj)ants of houses and buildings to have scuttles on the roofs of such htnises and buildings, and stairs or ladders leading to same; and whenever the owner or<)ccupant «>f any house or building shall not comply with •So in session laws. "To" omitted. i>S ClIARIKK I, AW OK rilK Old Cluirter such ordinance, or with any ordinance in rela- tion to iron shutters upon the windows and doors of any building, the common council may, at the expiration of twenty days after personal service of a notice of such ordinance upon the owner or occupant, cause such scut- tles, stairs, ladders or shutters to be constructed and placed in or upon said building, and may recover the expense thereof, with ten per cent in addition, of the owner or occupant whose duty it was to complv with such ordinance. (/. 1880, 67/. 14). § 222. Power of common council to build and protect fire-escapes ; to prevent fires — Ihe common council may prevent or regulate the carrying on of manufactories cal- culated to cause or promote fires and may re- quire the owners or occupants of all buildings wherein manufactories are conducted, and all buildings now erected, or that may hereafter be erected, more than three stories in height, occupied by, or built to be occupied by three or more families above the first stor}', and every building already erected, or that may hereafter be erected, more than three stories in height, occupied or used as a hotel, lodging-house or boarding-house, having more than fifteen rooms, and every factory, mill, office build- ing, manufactory or work-shop, hospital, asy- lum or institution for the care or treatment of individuals, and every building, in whole or in part, occupied or used as a school or place of instruction or assembly, to construct thereon good and suitable fire-escapes, and other means of egress, in case of fire, and may empower the fire-marshal of said city to superintend the construction of all such fire-escapes or other means of egress, and mav authorize said fire- marshal to specify the means of egress to be provided in all cases where he or the common council shall deem the same necessary. The owner or owners of any such buildings, upon which any fire-escapes City ok Rochr'^tkr 59 Old Charter may now bu. or may hereafter be. placed or erected shall keep the same in good re])air and well painted, and no person shall, at any time, place any incumbrance of any kind whatso- ever before or upon any such lire-escapes. It shall be the duty of every lireman, policeman, fire-marshal, alderman and mayor, who shall discover any fire-escape, balcony or ladder of any fire-escape incumbered in any way, to forthwith verbally notify and require the occu- pant of the ])remises or apartments, to which said fire-esca])e. balcony or ladder is attached, or for whose use the same is provided, to re- move such incumbrance and keep the same clear. The common council may enact any ordinance relative to any of the matters herein specified, and provide that for a violation thereof, or of anv of its |)rovisions, the person so olTendin<,f shall be liable to a penalty of not exceeding two hundred and fifty dollars, and in the case of the non-payment the olTender to be subject to imjirisonment in the Monroe county penitentiary for a period not exceeding one hundred and fifty days; the amount of the fine and duration of imprisonment to be in the discretion of the court, judge or justice before whom the action for the penalty shall be brought, but within the above specified amount and period, and the amount and period speci- fied in such ordinance. The common council may also require the construction of safe de- posits for ashes, the removal of any hearth, fire-place, stove, grate or other apparatus in which fire may be used, or any chimney. Hue, or other conductor of smoke that may be con- sidered likely to cause or promote fire, and may compel the cleaning of chimneys. Hues, and all other conductors of smoke, and upon the neglect of anv owner or occupant of any building to clean the chimneys. Hues, or other conductors of smoke therein, or to construct such deposits, or to make the removals, as hereinbefore mentioned, he shall forfeit the sum of one hundred dollars. The common 60 ( 'n \\< ri-.k I, wv oi- i iik ( >ld Charier council may cause such removals to he made, and such chimneys, Hues, or other conductors of smoke to be cleaned, or such fire-escapes or modes of egress to be constructed, and may collect the expense thereof, and ten per centum in addition, from the owner or occupant whose duty it was to have the same removed, cleansed, cleaned or constructed. Ihe common council may adopt such other regulations for the pre- vention and suppression of fires as it may deem necessar)-. An execution, issued upon any judgment recovered by virtue of the pro- visions of this title, except as hereinbefore provided, may issue against the property or person of the defendant herein, or both. \Avieniied L. 1882, Ch. 120: /.. 1890, C/i. 561). 55 223. Power of common council to cause inspection of buildings, etc. — lor the purpose of enforcing any regulation or ordinance under any of the provisions of this act, the common council may authorize any of the officers of said city, or any person appointed by it, at all rea.sonable times, to enter into and examine all dwelling-houses, buildings, tene- ments and factories of every description, and all lots, yards or inclosures, and to cause such as are dangerous, to be put in safe condition, and may authorize such officers and persons to inspect all hearths, fire-places, stoves, pipes, flues, chimneys or other conductors of smoke, or any apparatus or device in which fire may be used, or to which fire may beapphed, and any fire-escape or modes of egress, and remove and make the same safe, at the expense of the owners or occupants of the buildings in which, or to which, the same may be, and to ascer- tain the situation of any building in respect to its exposure to fire, and whether iron shutters, scuttles, ladders and fire-escapes thereto, and proper and safe modes of egress therefrom, in cases of fire, have been provided, and, gener- ally, with such other powers and duties as the City of Rocnt^MKR 61 Old Chartt-r common council shall deem necessar)' to guard the city from the calamities of tire. (.-Is ametuitui I.. 1890, Ch. 561). Note — The common council l)y resolution, Apr. II, 1S99, designated the fire marshal as the officer to enforce the provisions of § 223, supra. See notes under § 233. White Charter, this XyooV, posl. % 231. Common council may compen- sate firemen for injuries — 1 he cummon council may provide suitable compensation for any injury that any fireman may receive, either in his person or property, in consec|Uence of his exertions at any fire. (/,. 1880, Ch. 14). ?5 261. Appliciition by common coun- cil of penalties reco\ered I he- common council may direct any mone\s that may have been reco\ered for iK-nalties or forfeiture, to be applied to the payment of any extra ex- penses that may have been incurred in appre- hending offenders, or in subptenaing or defray- ing the expen.ses of witnesses in any suit for such penalties or forfeiture, or in conducting such suits. ( /.. 1880, Ch. 14). >5 287. Remf)val from ward vacates office of alderman Whenever any alder- man in said city shall cease to reside in the ward ill and for which he was elected, his office shall be vacant, and his powers as such alderman shall terminate. (/.. 1880. Ch. 14). 62 Chartkr Law ok tiik Wliiie Charter ARTICLE III EXECUTl VK DHPARTM V.SV § 42. Executive power vested in mayor and executive officers — There shall be elected at the tirst election under this act, and at the cit)' election every two years thereafter, a mayor. The executive power of the city is vested in the mayor, and in such execu- tive officers and departments as are, or may be, created by law, or by ordinances of the common council. (/. 1898, C/i. 182). The White charter imposes the responsibility of the admlnistra- istration of affairs of the city upon the mayor — I'ryor vs. City <>f Rochester, 166 N. \. 54S. 4? 43. Salary and term of mayor ; term of president of common council — The annual salary of the mayor shall be, in a city having a population, as appears by the last state enumeration, of less than ninety thousand, twenty-five hundred dollars ; in a city having a population of more than ninety thousand and less than one hundred and fifty thousand as afore.'-aicl. four thousand dollars; in a city hav- ing a population of more than one luiiKlix-d and fifty thousand as aforesaid, five thousand dollars. The mayor and president of the common council shall be elected at the city election, and shall hold their offices for the term of two years. (Z. 1898 C/i. 182). Oath of office of mayor — Tublic Officers I^w, § 10 ; failure to take, I'enal Code, §§ 42. 43; ttftrt of faihiru on official acts. Public Officers I^w, § 15. >i 44. President of council to act as mayor in case of vacancy — In case of the absence or inability of the mayor, or during a vacancy in the office, the president of the common council shall act 'Cdv OF Roi HKSTKR 0:5 While Charter as mayor until the mayor returns. Iiis inability ceases or the vacancy is tilled. But it shall not be lawful for the president of the common council, when actinjr as mayor, to sij^n or approve any ordinance of the common council, or to appoint to. or remove from office any person unless the \ acancy in the office, or the inability or absence of the mayor shall ha\e continued for at least thirty days. (/,. 1898, Cfi. 182). Vacancies generally — I'uhlicOfficers I.aw. § 20. Mayor may preside over common council in :t1)sence of president — Wliilc (iuirtti. § 11, ihi- lH5 46. General duties of nia\(»r It shall Ik- the duty of the mayor to see to the faithful perloinumce of their duties by the city officers and departments, to maintain peace and good order within the city, to take care that the laws of the state and the ordinances of the common council be executed and enforced within the city; to com- municate by written message to the common council at least once a year a statement of the finances and general condition of (he affairs of the city, and with such reconunendations in relation thereto as he may deem proper, and to give such information in relation to the same as the common council may from time to time require : and also to call 64 Chartkr Law of the White Charter a special meeting of the common council, whenever in his judgment it is required by public necessity. It shall also be his duty to receive and examine into all complaints made against any city officer for neg- lect of duty, or malfeasance in office. (/.. 1898, Ch. 182). General powers and duties of mayor — See note after § 51, White Charter, this bofjk, post. % 47. Mayor shall sign deeds and contracts; city seal — The mayor shall, on behalf of the city, sign all deeds and contracts made by it, and shall cause to be affixed thereto the city seal, of which he shall have the custody. (Z. 1898, Ch. 182). Mayor may be compelled by mandamus to sign contract duly made by common council — People ex rel. Lighton vs. McGuire, 31 Misc. 324 (1900). § 48. Mayor may investigate departments — The mayor shall have authority at all times to examine the books and papers of any officer, employee or department of the city, and as often as he may deem proper, to appoint one or more competent persons to examine, without notice, the accounts of any city officer or department, and the money, securities and property belonging to the city in the possession or charge of any officer or department, and to report the result of such examination ; and he may administer oaths to witnesses and take affidavits in all cases relating to the affairs of the city. {L. 1898, Ch. 182). ^ 49. Mayor shall appoint city officers — Except as other- wise provided in this act, the mayor shall appoint all the city officers, and except as otherwise provided in this act or in the other laws of the state, he may remove at pleasure any city officer appointed by him. (Z. 1898, Ch. 182). The duration of term of office is at the pleasure of the appointing power if not declared by law — .State Constitution, Art. X, § 3. § 50. Mayor's powers to remain as prescribed by law — The mavor shall have such other powers and perform such other CiTV OF RociIKSTKk 65 White Charter duties as may be prescribed in this act or by other laws of the state. or by ordinances of the common council not inconsistent with the laws of the state. ( /. 189S. C/i. 182). 5; 51. Mayor shall appoint his assistants — J'he mavor shall appoint an executive clerk and such other assistants in the routine work of his office as the common council may by ordinance prescribe. ( /.. 1898, Ch. 182). \(/i"K — §§ 52-60, inclusive, omitted in W'liite Charter as first enacted. In addition to the provisions of the charier, other r.Aws PROVIDE AS TO the MAVOR AS FOLLOWS : Shall be elected by the electors of the city — State Constitution. Art. X. § 2. May solemnize marriage -Domestic Rtlations Law. § 11, as amended L. i(;02. Ch. 522. Shall appoint commissioners of deeds — Executive Law, § sr), and White Charter, !j 4')- Shall appoint civil service commissioners and approve their rules — ('ivil Ser\ let- I -aw. § 10. Shall make annual report to secretary of state as to city's finan- cial condition — 1,. loo;,, Ch. 347. publisiied in full this hook, post. See Inde.x. May offer rewards for apprehension of criminals — L. ii)02. Ch. !^4o. p^ll)li^hed in full this hook, post. .*>(•(- Index. May issue permits for the employment of children in theaters, etc. — I'enal Code, § 292, as amended 1.. 1SS4, Ch. 46; L. 18S6, Ch. 31, and L. i.S<)2, Ch. 301). § 2()2, .w//-(/, applies to all public shows, I'enple vs. Ewer, 141 N. V. 12V.' Shall appoint election officers EKction I. aw. 5j i:. Shall not appoint to office members of legislature— State Constitu- tion. .\rt. Ill, >; 7: city otru 1 r- n.it ili^ible to it j^i.-laiure. A/., (5 S. Shall act when city laws are received from legislature— c.cneral City l^w. L. 1900, Ch. ^,27; § 31 amended L. i<>02, Ch. 3^3. May appoint commission to purchase works of art to .>;pend $ I (),()()() per year — General City Law, § \i\ . Shall designate scales for the weighing of coal — (kneral City l^w. § 157. ri<)vi>ions of tlir Central City Law as 10 the protection of buvers of coal in cities, published in full, this lK)(jk, post. See Inde.x. May consent to $500 being raised annually to meet expenses of Memorial Day- I.. iS(,7. ch. 424. TuMished in full, this book. /,>../. See Inde.x. 66 Charter Law of the Powers of the Mayor — Continued May call out the National Guard in case of breach of the peace — Military Code, §§ g, 86, 15::. Must command mobs to disperse — Code Crim. I'roc, § 106. Must order sufficient police at public meetings — Code Crim. Proc, § lol . Shall appoint members of examining board of plumbers — General City Law, § 40. Is entitled to receive from secretary of state bound volumes of session laws — l.ei^islalive Law, § 46; as amended, L. 1902, Ch. 29;,. May endorse application for appointment of commissioners to build steam railways — Railroad Law, § 120. Shall appoint police matrons — General City Law, §§ 90 and 91. Shall not appoint as special police any persons not citizens — Penal Code, § 119; as amended L. 1SS2, Ch. 3S4, and L. 1892, Ch. 272. Shall appoint trustees of free libraries — University Law, L. 1S92, Ch. 37S, § 39. Is declared a magistrate — Code Crim. Proc, § 147; as amended, L. 1892, Ch. 279. Shall not be interested in city contracts — General City Law, § 3. May administer oaths required by law — Code Civil Proc, § 842 ; PviIjUc Officers Law, § 10; Real Property l>avs-, §§ 248 and 249. Shall endorse application for admission into N. Y. state institu= tionforthe blind — L. rS()7, Ch. 744; as amended, L. 1S72, Ch.6i6. May commit children to incorporated orphan asylum — L. 1884, Ch. 43«- May consent to binding of apprentices— Domestic Relations Law, § 73. In absence of surrogate could receive petition to discover con= cealed property — Code of Civil Proc, § 2708; as amended L. 1893, Ch. 686, and L. 1895, Ch. 946; amended and repealed as to mayor, L. 1903, Ch. 526, in effect Sept. 1st, 1903. Powers as to disorderly persons — Code Crim. Proc, § 900. May receive applications in summary proceedings to remove per= sons from real property — CodeC^ivil Proc, § 2234; as amended, L. 18S1, Ch. 122; L. 1884, Ch. 405, and L. 1895, Ch. 946. Code Civil Proc, § 2250; as amended, L. TS82, C"h. 399. Powers and duties as to grade crossings of steam railroads — Railroad Law, §§ 60-69. As to street surface railroads — Railroad Law, §§ 91 and 120. May grant licences for sales of bankrupt stock, goods dam= aged by fire, etc. — L. 189S, Ch. 141. City of Rochester 67 Powers of the Mayor — Concluded May grant license to carry firearms — L. 1883, Ch. 375. See Penal Code, § 410. Shall issue to policemen and firemen certificates good for free use of street railway, telegraph and telephone, when on duty — L. 1895, Ch. 417, May hear applications in case of contested elections — Legislative Law, § 64. May make proclamation permiting foreign flags to be displayed on public buildings — L. 1S95, Ch. 36. Shall receive reports twice annually as to inspection of hotels in regard to fire escapes — Domestic Commerce Law, § 40. Old Charter ij 30. Mayor and city clerk to report officers' neglect to give bonds — The mayor shall report to the common council the names of such officers, except constables, as shall have neglected to give the bond of security required by law. The city clerk shall likewise report to the common council the names of such constables as shall have neglected to give or lile the bond or security required by law. (As amciidcii L. 1881, Ch. 343). >? 47. Powers and duties of mayor — It shall be the duty of the mayor to take care that the laws of the state and the ordinances of the common council be faithfully executed ; to exercise a constant supervision and control over the conduct of all subordinate officers, and to receive and to examine into all complaints against them for neglect of duty ; to recom- mend to the common council such measures as he shall deem expedient, and, in general, to maintain the peace and good order and advance the prosperity of the city. In all criminal mat- ters he shall have and possess the same power as a count}- judge at chambers, and shall have 68 C'har'ikr Law ok iiik Old Charter power to administer oaths and take affidavits within said city, and to receive therefor the same fees that are allowed to county judges for the same services. (Z. 1880. CIi. 14). >; 49. Official bonds to be filed with mayor — All official bonds of said city, except as may be otherwise provided by law, shall be deposited with the mayor of the city for safe keeping, and it shall be his duty to deliver the same to his successor in office. (/,. 1880, Ch. 14). § 281. Power of mayor to examine sureties on bonds; bonds to be recorded in county clerlv's office — The tonuuon council, or the mayor, or other officer whose duty it shall be to judge of the sufficiency of the proposed sureties of any officer or person of whom a bond or instru- ment in writing may be required under the provisions of this act, shall examine into and be satisfied of the sufficiency of such sureties, and may require them to submit to an exami- nation under oath as to their property. Such oath may be administered by the mayor or any alderman of said city. The deposition of the surety shall be reduced to writing, be signed by him, certified by the person taking the same, and annexed to and filed with the bond or instrument in writing to which it relates. Any and all contracts, agreements, bonds or undertakings, made with, or given to. said city, at any time heretofore, or hereafter, shall, when duh- acknowledged, be recorded by the Monroe county clerk in his office, and a copy thereof so recorded, certified by said county clerk, shall be as good evidence in all courts and places as the original contract, agreement, bond or undertaking, which shall be safely kept by the mayor, clerk, or other officer of said city having lawful custody thereof, after being recorded, as aforesaid. {As amended L. 1892. Ch. 190). CiTV OK ROCHESTKR 69 Old Charter § 282. Power of mayor, common council or committees to administer oaths and issue subpoenas — The nia\()r. president of the common council, or the chairman of any committee or special commit- tee of. or appointed by. the common council, shall have power to administer any oath or take any afftdavit in respect to any matter pend- ing before said mayor, common council or such committee. The mayor or chairman or a majority of any such committee, may issue subpcenas for the attendance of witnesses and production of books and papers before him or them, as a chairman or a majority of a com- mittee is authorized to do by section eight hundred and hftj'-four of the code of civil procedure ; the provisions of sections eight hundred and fifty-two. eight hundred and hfty three, eight hundred and hfty-hve to eight hundred and fifty-eight, inclusive, and eight hundred and sixty to eight hundred and sixty four, inclusive of said code, so far as they can be made applicable, shall apply to the issue and service of subpoenas, the attendance, dis- obedience, punishment, exemption and dis- charge of witnesses subpcenaed under this section. {As itmrndcd L. iSfjo. Ch. 561). Powers of common council investigating; committees — See fleneral City Law, §§ 5-7. ?! 28:;. Perjury — Any person who may be reciuired to lake any oath or affirmation, or make any affidavit or statement under oath or affirmation, under or by virtue of any provision of this act, who shall, under such oath or affir- maticjn in any statement or affidavit, or other- wise, willfully swear falsely as to anv material fact or matter, shall be guiltv of perjury. ( /,. iSSo. C/i. I 4"). 70 Charter Law of thk White Charter ARTICLE IV DEPARTMENT OF FINANCE § 6i. Comptroller and deputies — There shall be a comp- troller, who shall be elected at the city election at the same time as the mayor, and who shall receive an annual salary of thirty-five hun- dred dollars. He shall hold office for two years. He may appoint, to hold office during his pleasure, a deputy and such other subordi- nates as may be prescribed by the board of estimate and apportion- ment. In case of vacancy in the office of comptroller the mayor shall, within ten days, fill the vacancy by appointment for the remain- der of the term. (Z. 1898. Ch. 182). Oath of office— Public Officers Law, § 10. Powers of deputies — Id., § 9. failure to take oath — Penal Code, §§ 42, 43. Effect on official acts of failure to take oath — Public Officers Law, § 1 5. § 62. Bonds of comptroller and deputies — The comptroller and deputy comptroller, before entering upon the duties of their respective offices, shall each give a bond to the city in such penal sum as may be prescribed by the common council, with two or more sureties, to be approved by the mayor, conditioned for the faithful discharge of their duties, which bonds, when so approved, shall be filed in the office of the county clerk of the county in which the city is located, where they shall be recorded as required in the case of bonds of town collectors. (Z. 1898, Ch. 182). Official bonds generally — Public Officers Law. §5; 11-13. Acting without filing bond — Penal Code, §§ 42, 43; and Public Officers Law, § 15. Guarantors and Sureties, L. 1881, Ch. 4S6 ; L. 1893, Ch. 720, as amended L. 1895, Ch. 178. City of Rochester 71 White Charter § 63. Office hours of comptroller — The office of comptroller shall be kept at a place to be designated by ordinance of the common council, and shall be kept open for the transaction of business each day in the year, Sundays and legal holidays excepted, from nine o'clock in the forenoon until three o'clock in the afternoon, and at such other hours as the common council may from lime to time direct. (Z. 1898, Ch. 182). § 64. Duties of comptroller — The comptroller shall superin- tend the fiscal concerns of the city and manage the same pursuant to law and the ordinances of the common council. He shall keep a separate account with every department for which funds are specially raised by ta.x ; or for whicii funds are raised by assessment for local or other improvements. He shall require all drafts for the payment of any claims against the city to state particularly against which of such funds the drafts are drawn, and shall not permit any of such specific funds to be overdrawn, nor permit moneys to be drawn from one fund to pay the claims chargeable to another. (/,. 1898. Ch. 182). § 65. Audit of claims against the city and appeals from audit — The comptroller shall prescribe the form of all claims to be presented against the city, and the form and substance of the afiidavit to be appended thereto and sworn to by the claimant. Whenever any person intends to present for payment a claim against the city, he shall prepare and \erif\- it. and tlieri procure the approval as to the form thereof, in writing, of the department or officer whose action gave rise or origin to the claim, and the same shall then be presented to the comptroller for his examination and audit: but this shall not be required as to a claim for a fixed salary, for the principal or interest on a bonded or funded debt, or for the regular or stated com- pensation of the clerks, teachers, police officers, firemen, or appointees in any of the departments, or for work performed or materials fur- nished under contract with the board of contract and supply, or as to 72 CiiARiKK Law ok thk Wliile Charier claims or hills audited and allowed b\- llic dc])artmc'nt of ]:)ublit instruction. The comptroller shall, once in e\eiy two weeks, cause all claims which have been presented to him for audit to be printed and numlx-'red, and copies thereof to be distributed to the mayor, to each member of the common council, to the head of each depart- ment, and to every taxpayer entitled thereto under section four hun- dred and seventy-two of this act. He shall take no action upon any claim until five days after such distribution, and when he shall have taken action thereon he shall cause copies of all claims and his action upon them, with any reason for such action which he may have to give, to be sent to each, the claimant and the common council. If the claimant be dissatisfied with the audit, he may appeal to the board of estimate and apportionment, by serving notice of appeal, in writing, upon the comptroller within five days after he receives the comptroller's audit. If the common council, or the mayor, or the city treasurer, or the corporation counsel, or any taxpayer, be dis- satisfied with such audit, it or he may appeal to the same board, on behalf of the city, in like manner, by serving notice of appeal upon the claimant and the comptroller and the treasurer, within ten days after the'meeting of the common council at which such claims sliall ha\e been reported b\- the comptroller. The hoard of estimate and apportionment shall make rules for the procedure upon the hear- ing of such appeals, and the decision and audit of that board, after hearing upon the appeal to it, shall be final and conclusive as to the amount of the claim ; but if there be no appeal from the original audit, it shall in like manner be final and conclusive. I'pon the appeal herein provided for, the treasurer shall take the place of the comptroller as a member of the board. The comptroller, and the board of estimate and apportionment, upon appeal to it as herein provided, shall ha\e authority to take evidence and examine witnesses in reference to the claim, and for that purpose may issue subpoenas for the attendance of witnesses ; and the comptroller and each mem- ('nv OK RociiKsiKK 73 White Chartci ber of the board of estimate and ap])oi"tionincnl is hereby declared to be ^-.v offtiio a commissioner of deeds. When a claim has been finally audited, it. with the certificate of the comptroller, or, in case of appeal, with the certificate of the board of estimate and apportion- ment endorsed thereon, shall be tiled in the otifice of the treasurer, and remain a record therein. All claims and bills which are audited by any board or department which has power to audit bills, and all warrants and drafts drawn in payment of an\- claims or bills against the city must be presented to the comptroller to be countersigned by him before they are paid from the city treasury ; and the treasurer shall not pay any such claims, hills, warrants or drafts unless they are countersigned by the comptroller. A list of all bonds issued by the city shall be kept in the comptroller's office, where it shall be open to the inspection of any citizen ; and when any bonds are paid by the treasurer, they shall be presented by him to the comptroller for can- cellation. {As atiu'iidcd f.. 1903. Cli. 529). FaLse audit and paying of claims a felony — I'Liial Cock, §§ i(i3-i6(). When costs not allowed ( Ulc ( i\il I'na., § 3245. Claims for damages to person or property — § 4'H Wliiic ("liartei. .iiul §ij So .itul 2iN ( >! l)i>(ik. /•!',>/. Sl-l- liulcx. Checks for duly certified pay-rolls must be countersigned — People e.\ rel. lianittt v.s. JolniMoii. ^S Misc. (145; atiirnieci. \vitlin\it. opinioit. 75 .Ajip. Div. 630. § 66. Payment of claims Any person i)resenling for pay- ment a claim against the citv. or an\ hoard thereof, shall use his own name, or the name of the tirm of which he is a member. If anv per- son shall use a name other than his own. or that of the tirm of which he is a member, he shall be guiltv of a misdemeanor, and any mem- ber of any board, or any oliicer of the cit\ , who shall knowingly approve, audit 01 jiay an\- such claim shall be guilty of a like offense. The comptroller or treasurer upon receipt of a complaint under oath and in writing, signed by any citizen, stating that he has reason to believe that any illegal claim has been presented, shall withhold pay- 74 CiiARTKK Law ok iiik White Charter inent of the claim until satisfiecl of its legality. No claim shall be paid until the time to appeal from the audit thereof has expired, and if an appeal has been taken within such time, until the appeal shall have been decided. (/. 1898, Ch. 182). Presenting false claims a felony — renal Code. § 672. § 67. Comptroller to keep account with treasurer — The comptroller shall keep an account between the city and the treasurer, and for that purpose he shall procure from the banks in which the city's funds are deposited by the treasurer, monthly statements of the moneys which have been received and paid out on account of the city, and he shall examine the treasurer's books, accounts and bank books and ascertain as to their correctness and report on tlie same monthly to the common council. (Z. 1898, Ch. 182). § 68. Comptroller to publish annual report — The comp- troller shall, on or before the tirst day of January in each year, publish in book form or pamphlet form, verified by his oath or affirmation, a full and accurate statement of the financial condition of the city, shchving the amount of receipts and expenditures of the cit)' since the last annual report, the sources from which the funds have been derived and for what purposes expended ; such publication to be accompanied by a statement in detail, in separate columns, showing the several funds belonging to the cit\-. the amount drawn on each fund, and its then present condition, showing also the several debts of the city, when the same are payable and the rate of interest on each, and he shall file a copy of every such statement in the office of the state comptroller. He shall perform such other and fiu-ther duties pertaining to his oflice, not inconsistent with the proxisions of this act or the other laws of the state, as may from time to time be prescribed by ordinances of the common council. (Z. 1898, Ch. 182). Chief fiscal officers shall make annual report to secretary of state as to city's financial condition — L. 1903, Ch. 347. Printed in full this book, post. See Index. I City of Rochester 75 "White Charter § 69. Comptroller custodian of sinking funds — The comp- troller shall have, under the direction of the board of estimate and apportionment and the ordinances of the common council, the cus- tody and management of any sinking fund provided for the payment or redemption of city debts. (Z. 1898, Ch. 182). Note — §§ 70-7S, inclusive, omitted in White Charter as first enacted. § 79. Treasurer and deputies — There shall be a treasurer, who shall be elected at the city election at the same time as the mayor, and who shall receive an annual salary of three thousand dollars. He shall hold office for two years. lie may appoint to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment. During the temporary absence or inability of the treasurer, or his suspension or removal from office, the deputy shall discharge the duties of the office. In case of a vacancy in the office of the treasurer, the mayor shall, within ten days, fill the vacancy by appointment for the remainder of the term. (Z. 1898, Ch. 182). See note as to oaths of office under § 6i, Wliite Charter this liook. ,iitlt-. § 80. Bonds of treasurer and deputies — The treasurer and deputy treasurer, before entering upon the duties of their respective offices, shall each give a bond to the city in such penal sum as may be prescribed by the common council, with two or more sureties, to be approved by the mayor, conditioned for the faithful discharge of their duties, which bonds, when so approved, shall be tiled in the office of the county clerk of the count)- in w^hich the city is located, where they shall be recorded, as required in the ca.se of bonds of town collectors. (/. 1898. Ch. 182). See note as to official bonds under § 6-. White Charier, this book. ante. § Si. Additional bonds — Repealed, Z. 1899. Ch. 581. 70 Char IKK Law of iiik White Charter ii Sj. Office hours of treasurer The office of the treasurer shall be ke])t at a place designated by ordinance of the common council, and shall be kept open for the transaction of business each da\- in the year, Sunda3s and legal holidays excepted, from nine o'clock in the forenoon until three o'clock in the afternoon, and at such other hours as the common council may from time to time direct. (/.. 1898, 67/. 182). § 83. Duties of treasurer — 'I'he treasurer shall receive and have the care and custody of all moneys of the city and he shall pay them out as hereinafter provided. He shall also demand, collect and receive all claims and moneys due to the city from any source. All moneys of the city received by the treasurer shall be deposited by him daily in two or more banks designated by the board of estimate and apportionment. The interest on such deposits shall belong to the city. No money shall be drawn out of the city depository except on checks or drafts signed by the treasurer and countersigned by the comptroller, and such checks or drafts shall always be made payable to the person entitled to receive the money, unless such money be drawn for public use in the treasurer's office, in which cases, the checks, so signed and coimtersigned, shall be made payable to the order of the treasurer. The treasurer shall keep a separate account with every department for which funds are specially raised by tax or for which funds are raised by assessment for local or other improve- ments, and in every check and draft drawn by him, he must state par- ticularly against which of such funds the check or draft is drawn (unless the money is drawn for use in the office) : he shall at no time permit any fund to be overdrawn ; or draw upon one fund to pay a claim chargeable to another ; and no money shall be paid out by him unless upon a bill, claim, draft or warrant audited or drawn b}' the proper officer, board or department and in all cases countersigned by the comptroller, except for principal and interest upon the bonds of the city. (As amended L. 1899, Cli. 581). City of Rochester 77 White Charter § 84. Bank accounts of treasurer — The moneys so depos- ited shall be placed to the credit of the city ; and the treasurer shall keep bank books in which shall be entered his account of deposits in, and moneys drawn from, the banks in which such deposits shall be made; and he shall exhibit such books to the comptroller for his inspection at least once in ever}' month, and oftener if required. The banks in which such deposits are made shall respectively trans- mit to the comptroller monthly statements of the moneys which shall be received and paid out b\- them on account of the cit}-. (/. 1898, Ch. 182). 5? 85. Treasurer to report to comptroller — The treasurer shall report to the comptroller, at the end of each day's business, by items, the moneys received. (Z. 1898, Ch. 182). i? 86. General duties of treasurer — The treasurer shall per- form such other duties, not inconsistent with the provisions of this act or the other laws of the state, as may from time to time be pre- scribed by ordinances of the conunon council. ( /. 1898. 67/. 182). Note — §§ X7-95, inchisive, omitted in Wliite ("harter as first enacted. § 96. Board of estimate and apportionment; preparation of tax budget — TIkmc shall be a board of estimate and apportion- ment which shall consist of the mayor, comptroller, corporation coim- sel, president of the common council and the city engineer, e.xcept that when the number of subordinates or the salaries thereof in the department of an)- of the members of said board, are to be li.xed and determined, the treasurer shall temporarily take the place of the mem- ber whose number of subordinates or the salaries thereof is under consideration for the purpose of h.xing such salaries or number of subordinates, and for that purpose alone. The members of the board shall meet upon tiie call of the mayor, or as directed bv tiie board. The mayor shall be president of the board and the citv clerk siiall act 78 Charter Law ok thk Wliiti- ('hartt-r Board of Hstlmate and Apportionment — Coiuiimcd as secretar)' thereof. Witliin sixty days after the commencement of each fiscal year, the board of estimate and apportionment shall make an estimate of the several sums of money which it deems necessary to be raised by tax to pay tlie expenses of conducting the business of the city in each department and office thereof and for the various pur- poses contemplated by this act and otherwise by law for the fiscal year, and also to pay the principal and interest of any city indebted- ness falling due during the year, provided, however, that in any city where at the time of the taking effect of the act hereby amended, the taxes for state, county and city purposes were included in one levy, the common council niav by ordinance direct tliat the said estimate be made within sixty days prior to the commencement of such fiscal year. After it has made such estimate, it shall sub- mit it in writing with such reasons for it in detail as it may have to give, to the common council, which shall convene and con- sider such estimate. The common council shall hear any taxpayer who wishes to be heard in reference thereto, and after such hearing it may adopt such estimate as is submitted to it, or diminish or reject any item therein contained, except such as relates to the city debt and adopt the estimate as thus amended; but it shall not increase any item in such estimate for any department, ofiice or purpose. When it shall have adopted the estimate as herein provided the same shall be entered at large in its minutes and published in its proceedings ; and the several sums in the final estimate so adopted shall be and become appropriated for the several departments, offices and purposes named in the estimate for the ensuing fiscal year ; and such estimate shall be known as the tax budget and the several amounts therein named shall be levied, assessed and raised by tax upon the real and personal property liable to taxation in the city at such times and in such manner as is provided in and by the laws relating to the levying and collection of taxes which were in force at the time of the taking CiTV OK Rochester 79 White ('liarter Board of Hstimate and Apportionment — Continued effect of this act in each of the respective cities to which this act applies; provided, however, that in any cit}-, where at the time of the taking effect of the act hereby amended, there was no provision of law for the creation or maintenance of a sinking fund, for the pur- poses of providing; for the funded indebtedness of the city, that then, thirty per centum o all moneys or revenues received by the city, or by any otVicer, board or department thereof, from any source other than by municipal tax shall, upon the receipt of the same, be forth- with deposited in a separate account, or in separate accounts, in a bank f)r banks, designated as a city depository, to the credit of the bonded indebtedness of the city. Such deposit shall be kept as a fund separate and apart from all other funds of said city, and shall be known as the " sinking fund." and it shall remain and be used for no other purpose than for the payment of the principal of the funded indebtedness, other than that incinred for local improvements, and shall be applied and used in retiring the principal of such bonded indebtedness as it matures : and the balance of said moneys or revenues received by the city, or by any officer, board or department, from any source other than by municipal tax. shall be used for the purpose of reducing the tax budget of the city, in the manner follow- ing : Within sixty days after the conuiiencement of each fiscal year, except as otherwise provided herein, the board of estimate and appor- tionment shall make an estimate of the probable revenues to be received by the cit\ dm ing the said fiscal year, and also an estimate of the several sums of money which it deems necessary to pay the expenses of conducting the business of the cit}- in each department and office thereof, and for the various purposes contemplated bv this act. and otherwise by law for the fiscal year, and also to pay the principal and interest of any city indebtedness falling due during the year not otherwise provided for. After it has made such estimates, it shall submit them in writing, with such reasons for them in detail as 80 Cii \R iKR Law or i hk While Charter Board of Estimate and Apportionment ( Ontimud it may have to give to the common council, which sliall C()n\ene and consider sucli estimates. The common council siiall iieai an\' tax- payer who wishes to be heard in reference thereto, and after such hearing, it may adopt such estimates so submitted to it, or diminish or reject any item therein contained, except such as relates to the city indebtedness or the estimated revenue, and adopt the estimates as thus amended : but it shall not increase any item in svich estimates for any department, otirtce or purpose. When it shall have adopted the sums as herein provided the same shall be entered at large in its minutes and published in its proceedings. The se\eral sums con- tained in the final estimates of revenue to be receixed b\- the city applicable for such purpose, and of moneys necessary to be raised by tax, in addition thereto, to pay the expenses of conducting the busi- ness of the city, shall be and become appropriated in the amounts and for the several departments, offices and purj)oses named therein, for the ensuing fiscal year. The se\eral amounts specilied in such final estimate as necessary to pay the expenses of conducting the business of the city and for the xarious purposes contemplated by this act and otherwise by law for the fiscal year, after deducting that portion of the estimated revenues applicable for such purpose, shall constitute the tax budget, and the amount of said budget shall be levied, assessed and raised by tax upon the real and personal property liable to taxation in the city, at such times and in such manner as is provided in and b\- the laws relating to the levy and collection of taxes, which were in force at the time of the taking effect of this act, in each of the respective cities to which this act applies, in case the revenues received by the city exceed the estimated amount of such revenues, or in case there may remain any unexpended balances of the appropriations made for the support of the city government for the previous year, then such excess or such unexpended balances shall be retained l)y the city upon deposit and included as a part of City ok Roe H^:sTKR 81 While Charter Board of Estimate and Apportionment— Continued the estimated revenues, and applied toward reducinj^; the tax budget for the succeeding year. In case the tax budget has been adopted for the year nineteen hundred, prior to the time this act takes effect, then the board of estimate and apportionment shall again make an estimate to the common council, and said common council shall act thereon in accordance with the provisions of this section, in the same manner, and with the same force and effect, as if this act had become a law, prior to the adoption of the tax budget. For the year nine- teen hundred, the board of estimate and apportionment of any such city shall have sixt}- days additional time within which to sub- mit its estimates, as herein provided, to the common council. The several officers, boards and departments of the city shall be governed by the said estimate and apportionment and shall not incur any debts, expenses or liabilities, either in excess or independent of the several sums respectively allotted to them. The city shall ha\e the power to borrow money with which to pay the debts and expenses of the city, within the estimate, in anticipation of the receipt of the city taxes, and revenues applicable to such purpose, and the common council ma\- provide for the issuing of certificates of indebt- edness or revenue bonds to be signed by the mayor and treasiuer and countersigned by the comptroller for such purpose ; and such certifi- cates or bonds shall be paid out of the moneys received as such taxes, and revenues applicable to such purposes. It shall not be lawful for the city or any officer, board or department thereof, to expend or contract to be expended, or to incur any liability in the current fiscal year, for a greater sum than is so estimated for such officer, board or department, and so provided for by the common council in the final estimate and tax levy of such year as afore- said. But this shall not be held to prohibit the commissioner in charge of tiie health department in the city from expending such sum or incurrin bonds must be pros Ided — Marsh vs. Town of Little Valley, i^\ N. ^ . 1 u 1 iS^d). Provisions as to funded debts an enabling act i«>r cities — City of I'oughkeepsie vs. (^)uintarcl, 136 N. \'. 275 (1.S92). Protection of municipal bond holders— L. 1895, Ch. 792. Municipal securities —.\m. and Lni;. l-.nc. law. 2d Edn., Vol. 21. pp. 13-82. Limitation of citv debt — State Constitulion, .\rt. VII L § 10. 84 Chartkr Law ok the White Charter Power to borrow money limited by law — Wells vs. Town of Salina, 119 N. V. 2S0; distinguished, Birge vs. Berlin Iron Bridge Co.. 133 N. V. 477 (1S92), at p. 486. Constitutional debt limit discussed generally — Kronsbein vs. City of Rochester, 7<> .X])]). I'iv. 4(^4. Estimates only are made bj board of estimate, but common council appropriates — Kirk vs. McCJuire, 32 Misc. 596. Board of estimate authorized to appropriate money for support of charitable institutions — L. 1895, Ch. 754; as amended L. 1902, Ch. 15V May appropriate $10,000 annually for the purchase of works of art — deneral ("ity Law. § 120. Appropriation for the examining board of plumbers — C.eneral City Law, § 54. § 97. Fiscal year, estimates and minutes of board of esti- mate — The fiscal year of every city shall coiniiience 011 the hrst clay of January ; and on or before the first clay of November in each year all heads of departments and officers empowered by this act. or by city ordi- nance, to control or authorize expenditures, shall furnish to the mayor estimates in writing of the amount of expenditures for the next fiscal year, in their respective departments or offices, including a statement of the salaries of all their officers and other employees, which esti- mates the mayor shall lay before the board of estimate and apportion- ment at its first meeting thereafter. It shall be the duty of the city clerk to keep a journal of all the proceedings of the board of estimate and apportionment and of every vote by ayes and noes taken at any meeting thereof. The minutes of each meeting shall be printed in full within six days after its adjournment and immediately distributed, one to each member of the board and of the common council, one to the head of each department and one to every taxpayer entitled thereto under .section four hundred and eighty-two of this act. At the end of the year the printed minutes shall be indexed and bound in adecjuate number. (Z. 1898, C//. 182). The political and legislative year begins January 1st — State Con- stitution, Art. X, § 6. City of Rochester 85 Old Charter Note — The Old Charter contained provisions as to annual reports and estimates as follows: ij 46. Fiscal year, reports and estimates — The fiscal year shall begin on the first day of Januar)' and terminate on the thirty-first day of December of each year,. and on the last meet- ing of the common council of each year, each officer and department of said city shall present to the common council a detailed statement of the transactions of his office or department during the preceding year, giving an estimate of the amount necessary to meet the expenses of such office or department during the coming year ; and such other mat- ters as the common council may specifically request ; and on said last common council meeting of each year the common council shall audit and settle the accounts of the city treasurer, and the accounts of all other officers and persons having claims against the city, or accounts with it, and shall make out a state- ment in detail of the receipts and expenditures of the corporation during the preceding year, in which statement shall be clearly and dis- tinctly specified the several items of expendi- ture made by the common council, the objects and purposes for which the same were made, and the amoimt of money expended under each, the amount of taxes raised for the general contingent expenses, the amount raised for lighting the city and for police, the amount of highway taxes and assessments, the amount of assessments for paving, repairing and open- ing streets and for repairing and building bridges, the amoiml borrowed on credit of the corporation and the terms on which the same were obtained, and such other information as shall be necessary for a full understanding of the financial alTairs of the city, which state- ment shall be signed by the mayor and cit)" clerk and filed with the clerk of the city, and the same shall be published by the clerk, at the expense of the city, in a newspaper in which the proceedings of the common council 86 Charier Law ok the Old Charter are published. The common council shall, at its first regular meeting in each year, or as soon as practicable, select one daily newspaper in said city for the publication of the proceed- ings, resolutions and ordinances of the com- mon council, and of the executive board of said city, and all the notices and advertise- ments and proceedings of any of the officers of said city, and of all the committees of the common council during the current fiscal year, provided such publication shall be under and in accordance with the terms of a written con- tract with the city, theretofore made and exe- cuted by the proprietor or proprietors of such newspaper, and the mayor of the city of Roch- ester under the direction and approval of the common council. (As amended L. 1897, C/i. 784). § 98. Salaries of city officers — The board of estimate and apportionment has authority to fix the salaries or compensation of all city officers and employees, except as otherwise provided in this act, and except as to such officers and employees as are required to serve without compensation. But the salary or compensation of every officer and employee shall be thus fixed before his election or ap- pointment, except in the first instance after this act takes effect, and shall not thereafter be changed until the expiration of the term for which he was elected or appointed. (/,. 1898, Ch. 182). The power of the board of estimate and apportionment to fix salaries is absolute, and common council has no authority to reduce — Pryor vs. City of Rochester, 166 N. V. 548. When the salary of an officer is fixed it can be recovered if with- held—Grant vs. City of Rochester, 79 App. Div. 460 (1903) ; affirmed, 175 N. Y. 473. French vs. City of Rochester, 79 App. Div. 645; affirmed on authority of Grant case, supra, 175 N. V. 474. Assignment of salary before due is void — Bliss vs. Lawrence, 48 IIow. Pr. 21 ; 58 N. V. 442. Note — §§ 99-106, inclusive, are omitted from the White Charter as first enacted. CiTV OF Rochester 87 White Charter § 99. Laws in force prior to 1900 I'ntil the provisions of this act relating to the board of estimate and apportionment, the adoption of the tax budget and the levying of the sums therein named can become operative, the affairs of the city on the subject of finances and tax budgets shall be governed by the laws relating to the same which were in force in the city at the time of the passage of this act, except as is otherwise provided in this section. The fiscal year of any city affected by this act, of which the year eighteen hundred and ninety-nine is a part, shall be reduced to and shall terminate with the period which will expire with the close of the thirty-first day of December, eighteen hundred and ninety-nine. The officers, boards and departments which are charged by existing laws with the duty of making up, adopting or confirming an estimate, apportionment or tax budget of the several sums necessary to be raised by tax in the city for the support of the city government and otherwise by law and the payments of its debts and expenses during the year eighteen hundred and ninety-nine, and who are directed to levy the same upon the real and personal property liable to taxation in the city and to cause the same to be raised 1)\' tax. shall, during the year eighteen hundred and ninety-nine, make up and ado]")! such estimate, apportionment and budget and cause the sums therein named to be levied in the same manner as is prescribed in existing laws ; but such estimate, apportionment, budget and levy shall be made, adopted, confirmed and directed only for the period interven- ing between the commencement of the fiscal year of tiie citv in the year eighteen hundred and ninety-nine and the first dav of January, nineteen hundred ; and the making and adopting of such estimate, apportionment and l)udget. and tlie levying of the same as herein prescribed, shall be \ali(l and etVectual. W'luMe. in anv citw under the laws existing at the time of tiie passage of this act. tiie fiscal year of the city begins on a day other than the first day of January, and there is a board of estimate and apportionment in the city, said board 88 C'nAKiKk Law ok thk Wliiti- ('luirter .shall, (luring the month of I )eccinher, cigluccn luinclred and ninct)- ninc. makf up a preliminary estimate and apportionment of the sums which they deem necessary to be raised by tax to pay the debts and expenses of the city during the year nineteen hundred, and shall sub- mit the same to the common council, and the city shall have power to deal with the same and to borrow money thereon on the faith and credit of the city in the manner prescribed b\- such laws: but there- after and during the year nineteen hundred, the board of estimate and apportionment provided for by this act shall make, and the common council shall adopt the final estimate for such city for that year as provided in section ninety-six. Where in any such city a board of estimate and apportionment does not exist under the laws which were in force in such city at the time of the passage of this act, the board of estimate and apportionment provided for t^y this act shall after the hrst day of January, make up the estimate which is authorized and provided for by said section ninety -six. {At/i/ci/ hy /.. 1899, C/i. 581). Note — §§ 99-106, iiuliisive. omitted in White Cliarter as first enacted. Old C:iiartti iJ So. Claims and actions for damages against the city — Ihe conunon council shall examine, settle and audit all accounts, demands and claims against the city, as well of its officers as of other per.sons, except as otherwise ex- pressed by this charter, or other law. and shall have authority to direct the raising of such sums as shall be necessary to defray the same, and the contingent expenses of the city, subject to the limitations and restrictions hereinafter con- tained ; they shall have the power to borrow money, as in the next section provided, and also to borrow against any tax or assessment levied but not collected, to an amount not exceeding the amount thereon uncollected, and to issue therefor the obligation of the city, pay- Cl r\ OK R0CHF_STKR 89 Old Charter able in not more than eight months with inter- est at the rate of not over six per centum per aniuim. No unUquiclated claim or demand shall be received for audit, unless made out in detail, specifying, if for labor or services, tiie time when, the place where, by whom and under whose direction, and by what authority performed ; if for merchandise, material and other articles furnished, the item or items thereof, by whom ordered and when and to whom delivered, and shall be certified correct by the head of the department for which the work was done or materials furnished ; and if for damages for wrong or injury, or negli- gence, when, where and how occasioned ; nor unless accompanied by an affidavit that the claim, and the items and specifications thereof are in all respects just and correct ; that no payments thereon have been made, and that no setoffs exist against the same, or any part thereof, except those stated. No action or pro- ceeding to recover or enforce any claim, debt or demand against the city shall be brought until the expiration of forty days after the claim, debt or demand shall have been presented to the common council for audit in the manner and form aforesaid. All actions brought against the city to recover damages or other relief for injuries to the person or property, caused by negligence shall be commciued within one year from the time of receiving the injuries. No action or proceeding shall be maintained against the city for personal inju- ries unless a notice of the intention to com- mence such action and of the time and place at which the injuries were received, shall have been tiled with the counsel to the corporation or other proper law officer thereof, within six months after the time of receiving the injuries. (^As aniniiidt I.. iScj^. (7/. 7Sp. As to ordinary claims against city — .Sco White Ch.irtt T, 5} (>;. this Ix.ok. .;///,. As to claims for damages for injuries to person or property — .See White Charter. § 4(>i. this linok, /.mA aiul > .i-L> there cited. 90 Charter Law ok the Old Charter § 8i. Power to borrow money — For the purpose of paying such expenses, the common council shall raise annually such sums as shall be estimated and re- ported by the finance committee as necessary, in the manner hereinafter provided. The said finance committee may, at any time, require from the chairman of each of the committees of the common council, and it shall be his duty to furnish to the finance committee, and in such form as they shall require, full and particular estimates of the amount needed by the various funds and departments in their charge, and especially for lighting the city, for the support of the police department, for the general contingent expenses of the city, for the support and relief of the poor, for the mainte- nance and improvement of public parks and squares, the expense of the board of health, and for all other necessary expenses of said city during the next fiscal year. The finance com- mittee shall prepare, and on or before the first regular meeting of the common council in March of each year, they shall present to said common council a statement, in detail, of the several sums which will be needed for said funds and to meet the expenses of the year for all proper municipal purposes, and showing what sums will be, in their opinion, necessary to be raised for other specific purposes. The common council may alter or amend such statement in their discretion, but not so that the aggregate amount to be raised shall exceed that so reported to them by the finance com- mittee, unless such increase be made by a vote of two-thirds of all the members elected, sub- ject to the approval of the mayor. They shall cause such estimates, as approved by them, to be published for six successive days in one or more newspapers of said city before finally determining the amount of the general tax, which must be determined by the first regular meeting in April in each year. A vote of a majority of all the members of the common CiTv OF Rochester 91 Old Charter Power to borrow money — Continued council shall be necessary to fix such amount, and the statement as finally adopted, shall be entered at large in the minutes. Said com- mon council shall also raise annually by tax, with the general taxes of said city, an amount sufficient to pay interest upon all the bonds issued by said city, and all the principal, or installments of principal of said bonds falling due within the then current fiscal year, for the payment of which provision is not otherwise made. No member of the Common Council shall vote for the payment of any money out of any of the general funds herein named, or out of any other fund in the city treasury, knowing that such fund is without money to pay the same ; and any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned in the Monroe county peni- tentiary for the period of ten days ; and the district attorney of the county of Monroe is hereby specially directed, and it shall be his duty, to prosecute all persons violating this provision, upon the complaint of any taxpayer of said city. In case the sums above specified, or any of them, shall prove insufficient for the purposes for which the same were raised, then the common council shall have power, by a vote of three-fourths of all the members elected, subject to the approval of the mayor, to provide for borrowing, upon the credit of the city, so much money as may be deemed neces- sary to supply such deficiency, and the amount borrowed shall be assessed and collected as part of the city taxes of the ensuing vear, in addition to the other sums provided for. In case the common council shall order the whole, or any part of, the expense of any im- provement or public work, or the amount of any proper municipal expenditure or liabilitv. to be paid out of the public treasury of the city, and not by local assessment or otherwise, and 'J2 CiiAKTKR Law oi ihk Old Charier Power to borrow money — Concluded the amount in the treasury, or already levied by general tax shall not be sutticient for the purpose, the common council may borrow, upon the credit of the city, the necessary amount, and the same shall be raised in, and paid out of, the next general tax levy ; except that in order to pay the same, or any part thereof, the common council may, at its elec- tion cause to be issued the bonds of the city maturing in not more than twenty years from their date, and bearing such rate of interest as may be found necessary to effect a sale thereof, at not less than the *part, or said common council may direct the note or other obli- gation of the city to be issued under this section, which, however, shall be payable in not more than eight months from its date, but nothing hereinbefore contained shall, in any wise, atifect the right of the city to issue its bonds under any of the other sections of its charter or any other statute, (^j" amended L. 1896, C/i. 777). NoTK — Provisions of the Old Charter relating to the renewal of outstanding bonds, the exchange of water works bonds, the general sinking fund, and certain duties of the treasurer, are jjrinted in this book at pp. 210 to 214, inclusive, being left in the same position they occupy in Title V, Old Charter. *So in session laws. Should read '• at not less than the par value of any such bond." CiTv OF Rochester 93 While Charter ARTICLE V DKPARTMENT OF PUBLIC WORKS §. 107. Commissioner of public works and deputy — There shall be a commissioner of public works, who shall be the head of the department of public works. His term of office shall be two years, unless sooner removed by the mayor, and he shall be appointed by the mayor, within ten days after the bej^in- ning of each mayorality term. The commissioner shall appoint, to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment. During the temporary absence or inability of the commissioner, or his suspension or removal from office, his deputy siiall discharge the duties of the office. In case of a vacancy in the office of commis- sioner, such vacancy siiall be filled by the mayor, within ten days after its occurrence, and in the meantime and until such apjx)intment shall take effect, the deputy shall act as commissioner. (/. 1S9S, Ch. 182). Oath of office— Public Officers Law. § 10. Powers of deputies. /aw, §§ 11-13. Acting with- out filing bonds — Penal Code, §§ 42, 43, and F'ublic Officers I^w, § 15. 94 CiiAkiKK Law ok imk WhiiL- Charter § 109. Duties of commissioner of public works as to streets The coniinissioner, subject to the previsions of this act, the other laws of the state and the ordinances of the common council, has cognizance, direction and control of the construction, alteration, repair, care, cleaning, paving, flagging, lighting and improving streets, ways and sidewalks ; of the construction, alteration and repair of all city buildings, and of all docks and bridges belonging to the city ; of all public sewers and drains in the city ; of the construction, mainte- nance, extension and repair of the city water works ; and has the care, superintendence and management of all grounds belonging to the city. Hut in the exercise of his powers and the discharge of his duties, he shall make no expenditure, nor shall he create any debt against the city, unless he be authorized so to do by the general or special ordinances of the common council ; except that he shall have power to rei:viii' any sidewalk or bring the same to the true grade, where the owner of the abutting property shall neglect to repair or grade the same for five days after written notice so to do has been served on him either personally or by delivering the same at his residence or. if he be a non-resident, by mailing the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by post- ing the same in a conspicuous place upon the premises ; and except that he shall have the power to clean snow or ice from any sidewalk where the same has remained thereon for more than twelve hours. A bill for the expense incurred in making such repairs or grading or cleaning shall be presented to the owner personally or by leaving the same at his residence, or if he be a non-resident, by mailing the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due dili- gence, by posting the same in a conspicuous place on the premises ; and if he shall fail to pay the same within ten days thereafter, the com- missioner shall file each year immediately preceding the time for the (JTY OF K()( MKSTER 95 White Charter making of the annual assessment roll, his affidavit of the actual cost of the work, together with a statement as to the propert)- in front of which the repairing or grading or cleaning was done, with the assessors of the city, who sliall, in the preparation of the next assessment rolls for the general city taxes assess such amount upon such property, and allegations thereon shall be heard, and such assessments shall be collected at the same time and in the same man- ner as other city taxes, and as a part thereof, and the assessors shall have the power to amend and correct such assessments as they shall deem proper, at the same time and in the same manner as other city taxes. ( .!■< nnirni/n/ /.. 1903. C/i. 47). A municipality may not empty Its sewers upon private propert \ without acquiriiin the right so to do — Chapman vs. City of Rochester, no N. \ . 273; N. V. C. & II. K. K. Co. vs. City of Koihester. i:;; N. V. 5(^1 ; Huffnuyer vs. City of Mrodklyii, i(c N. \'. 5S4. A municipality is not liable for consequential damajces when author- ized l)y tlie li|;i>l.iiuiL- til make .1 ])ul)lii ini|)ii>\ 1 nn lit \mlo> mh li il.ini.iges be caused by negligence, misconduct or want of skill on the part of its servants or agents — Atwater vs. Village of C'anandaigua, 124 N.V. 602; Hughes vs. City of .\ubum,i6i N. V. 96; Uppington vs. City of New York, 165 N. Y. 222; Fries vs. N. Y. C. & II. k. R. Co.. ifM, N. V. -70: Holland House Co. vs. Haird. i^u) N. V. 136. A municipal corporation does not insure against damages from works of its construction. Its obligation and duty in respect to sewers is measured by the exercise of reasonable rare and vigilance. Liability can only be predicated upt)n its neglect or misconduct — Smith vs. Mayor, (6 N. Y. 295 ; Jenny vs. City of Hrooklvn, \ 20 N. V. \(>.\; I'aini- vs. Village ..f Hdhi. 116 N. V. 224. § iio. Duties of commi.ssicnier of public works a.< to tbe water works — It is also the duty of the commissioner to apjxiint. to hold otlice during his pleasure, within thirty days after his ap|>ointment, in the first instance, after this act shall take effect, and thereafter when a vacancy shall occur, a superintendent of water works, and to .see that the c'wy has an alnmdant supply of wholesome water for public and private use : to devise the plans and sources of water supply : to plan and supervise the distribution of water through the city: to pro- fMi CiiAKiKK Law ok iiik White Charter Water Works — Continued tect it against contamination ; to prescribe rules and regulations for its use, which, when ratified and approved by the common council, shall have the same force and effect as an ordinance by the common council enacted. He shall ha\e power, with the assent of the board of estimate and apportionment, to establish rates of rents to be charged and paid annually for the supply of water, or for the benefits resulting therefrom, to be called " water rents, " apportioned to the different classes of buildings in said city in reference to their dimen- sions and the ordinary uses of water for the same, and to vacant lots, as may be practicable, and, from time to time, to modify and amend, increase or diminish such rates and to extend them to other descrip- tions of buildings, lots, establishments and uses. Ik* shall also have power, with like assent, to establish rates for the use of water in build- ings, establishments, trades and other purposes which consume water beyond the quantity required for ordinary purposes, and may require the payment to him, in advance, of the rates thus established, before permission to use such extra cjuantity of water shall be given. The regular water rents shall be collected from the owners of all lots and buildings which shall be situated upon any street or avenue in which the distributing pipes are now or may hereafter be laid and from which such lots and buildings can be supplied with water; and such regular rents, as well as the amoinils due and unpaid for the introduction and measurement of the supply of water to such lots and buildings, shall be, like other taxes of the city, a lien and charge upon such lots and buildings as herein provided. All special rates for the use of water shall be paid to the said commissioner, who shall daily report and pay the amount thereof to the city treasurer. It shall be the duty of the said commissioner at and within such time in each year as the common council shall by ordinance determine, to make out a list or roll for each ward or assessment district of the city, sim- ilar to the rolls made out by the department of assessment and taxa- C'lTV OK RoCUKSTKK M7 White Cliarter tiun, and, in which, among other things, he shall set out ihc amount of regular water rent as.sessed upon each lot. part of lot or building, and all amounts remaining due and unpaid for the introduction and measurement of the supply of water at the time designated in said ordinance for the completion of such list or roll. He shall then cause notice to be published in the official newspapers, for at least three days, of a time and place at which hearing shall be given t(» those who desire to examine the said rolls and to |)resent their grievances; and after such hearing, which shall be on at least two different days, he shall correct said rolls, if need be, and shall certify the same to the common council. The common council shall thereupon direct by ordinance the le\ ving of such water rents upon the ])roperty described in .said rolls and the amounts appearing thereon shall be levied, col- lected and enforced at the same time and in the same manner as is provided for the collection of other taxes in the city ; but the com- mon council may direct that such water rents shall be extended in a separate colunui u|ion the assessment rolls of the city. {Ainnuiril /.. liigc), 67/. 581). Pipe lines In streets - rraii-|i. .n.iti.m < ',,i|), .i.,t i,.h- 1 .iw.fiij n- 1 ^. ■»" •mii (S. Hnforcement of rules controlling; source of potable water supply— I'lilil;! II. -..hi, \..i\\. § 71. Contracts for purifying apparatus — I.. 1S04. Ch. 6()7. KiKhts of private water company to lay pipes In city streets — Ko. ii- eslii and I ..iki- < Mit.irii > W .ii'i 1 ■ iiti]Miu \--. (itvuf Ki>< liolci . S ( .■Vpp. I )i\ . 7 1 : aflirnifil, 17(1 N. \ . ;(>. Water works property of municipal corporation held not taxable rei)|)lr \ ■^. Iti.iokK II. Ml N. \. -yi^^: ( iivi't Koluvtii \v Kiis|,.SoN. N. ;oj : water works property outside of city boundaries held taxable— I'«opl<- fx nl. .\ni>liicl.iiii '. s III--, 1-7 N \ j j ; IVnpli- i\ lol. Km. Ix -It-r vs. «■<>«■. 157 N. ^■. (>7S; and not exempt under provisions of Tax Law ex- empting special franchises I'.opl. <\ r. I. (ii) nf Knhist.i w. \), Wnt. 51; Ajip. I)i\. (1)^; .itiiinied. i'>7 N. ^'. 575. Riparian owners along small, fresh waitr or navigabU- lakes or siieanis. are entitled to the enjoyment of the undiminished and nndisturlK'd flow of water, and a municipality has no right, even though authorized by the legislature, to dintinish the flow of such water without making compensation — Smith vs. City of Rochester. 92 N. V. 463; Neal vs. City of Rochester. 1 5<» N. V. 21 v Recission of contract for water works on account of mistake— Moll.ti. IhKiukiii- .iiul Cl.irk' Co. vs. City of K<-.t h. -tcr. Sj K-d. ]<>•]>. zy^: reversed. Vi ' ''• A. j;n); C. C. attirnied. 17S I", .s. K.p. ^73. 9S { "ii \k ri:i< Law (»i i hi WhitL- Chartei i III. Commissioner of public works to appoint super- intendent of parks; powers and duties It is also the duty of the commissioner to appoint, to hold ofticc durin<; his pleasure, within thirty (lavs after his appointment, in the Inst instance, after this act shall take effect, and thereafter when a vacancy shall occur, a super- intendent of parks, who shall have, under the direction of the com- missioner, the care, management, custody and control of all the parks of the cit\'. and of the streets passing through or intersecting the same, and all the shade trees of the city. .Subject to the direction of the commissioner and to the ordinances of the common council, he shall prescribe the powers and duties of the subordinates. Subject to the ordinances of tiie common council and the direction of the commissioner, he shall ha\e the expenditures of all the money appor- tioned to this branch of the department by the action of the board of estimate and apportionment and of the common council as in this act provided. He shall keep an account of such expenditures and prepare bills against the city in items for the same, in such form, with such verification and vouchers as ma\" be prescribed b\ the comp- troller, and such bills shall be submitted to the comptroller, and. when finally audited, as in this act provided for other city claims, shall be paid bv the city treasurer as provided in the ca.se of other claims against the city. The superintendent, under the direction of the commissioner, may employ all the laborers needed upon the parks and streets above mentioned, and shall fix their wages, subject/o the approval of the connnissioner and the board of estimate and appor- tionment, and he may. in his discretion, make all the ordinary repairs and improvements upon the parks and such streets, subject also to the direction of the commissioner and to the approval of the board of estimate and apportionment. He shall conduct, with the aid of the corporation counsel, all negotiations and proceedings for the acquisi- tion of lands for any park, or for any addition to any park, when the acquisition of such land shall have been authorized by an ordinance City of Rochester 1M> White Charter passed by the afTirinative vote of at least three-fourths of the members elected to the common council ; and when such lands shall have been acc|iiircd he shall rcj^ulate and improve the same for park j)iir- poses. He shall also make such rules, re^^iilations and ordinances, not inconsistent with the ordinances of the common council and the laws of the state, as he may deem proper for the government, man- agement and care of any park, and of the streets in and through the same, and of such other streets, being approaches to the park, as may be designated by ordinances of the common coimcil as parkways, and such rules, regulations and ordinances, when approved by the common council, shall have the force and efTect of city ordinances. He shall also have stich other powers and be charged with such other duties not inconsistent with the |)ro\isions of this act"^and the other laws of the state, as the commissioner may direct or as the common council may, by ordinance, define and prescribe. (/. 1898, Ch. 182). NoTF. — The Rochester park system is under the control of the Ixiard of park commissioners, created by L. iSSS. Ch. 193. The authority of this board is continuid l)y tlie White Charier. § 483. as amended. L. 1903, Ch. 31. All the laws relatinf^ to Rochester parks are printed in full in this book.ubiic con- tracts — There shall be a board of contract and supply, compo.sed of the mayor, comptroller, commissioner of public works, corporation counsel and city engineer, which shall be a bureau in the depart- ment of public works. It shall be the duty of such board after public notice, and in accordance with regulations to be prescribed by general ordinances of the ((ininion coiuuil. to let to the lowest bidder, who will give adecpiate .security for the performance of his contract, all contracts for the performance of any work, or for the supply of any materials for the department of public works, department of public safety, department of public instruction, department of chari- ties and correction of the city in all cases where the work and ma- terials will cost to exceed fifty dollars, unless by an ordinance passed 100 Charter Law of the White Charter by a unanimous vote of the common council and l^y the unanimous approval of the board of estimate and apportionment, it is determined to be impracticable to procure the work or materials by contract ; or unless in case of accident or other injury by which the heating or plumbing system of any of the public buildings, or by which any of the fire engines or hook and ladder trucks, or any of the pumps, engines or boilers used in connection with the city water works shall become disabled, in which emergency the commissioner of the appro- priate department shall cause such repairs thereto to be made upon filing with the board of contract and supply a certificate approved by the mayor showing such emergency and the necessity for such repairs ; provided, however, that in case any contract shall involve the erection or use of wires, poles or other structures, or the laying of pipes and mains, in the streets, squares and public places of the city, or involves the use of the poles, structures, mains or pipes of other companies or individuals, then and in that event no such contract shall be awarded to such lowest bidder, unless such l:)idder shall have obtained a fran- chise, as provided in section nineteen, or unless such bidder had erected, laid and was maintaining and using poles, wires, structures, pipes, and mains in the public streets, squares and places at the time of the taking effect of the act hereby amended. The board sh;ili have power to reject all bids, if, in its opinion, the lowest bid is excessive. The public notice above mentioned must describe the work and materials for which contracts will be let at the next meeting of the board, and the day and hour and place of such meeting. Specifications for ever)' public improvement must be prepared and set forth with such details as will adequately inform all persons proposing to bid, of the nature of the work to be done and of the materials to be supplied, and the same shall be printed and copies thereof shall be deli\ered to applicants therefor. But nothing herein, excepting the letting of contracts, shall interfere with the duty and authority of the commissioner of public works and City ok Rochester White Charter of the department of parks. All materials and supplies required in any office, court, board or department, shall be called for in writing, and shall be contracted for by the board of contract and supply in the manner above provided ; but where any work or repairs needed to be done or materials or supplies to be furnished shall not exceed fifty dollars in cost, the board of contract and sup])ly may authorize the commissioner of public works, or the commissioner of public safety, as the case may be, to give written orders therefor and the bills so incurred shall be presented to the comptroller for examination and audit, accompanied with such orders. When an improvement shall be contracted for, the expense of whic h is to be assessed, either in whole or in part, upon property benefited thereby, the comptroller shall certify that fact and the amount of the contract price to the officers or assessors who have authorit)- in the premises, who shall thereupon proceed to apportion the cost of such improvement and make an assessment roll therefor as hereinafter provided. {Anu-ihiai I.. 1S99, Ch. 5S1 ; /,. Kjoo. C/i. 415). Inviting bids for expensive materials and accepting cheaper, held illegal— llapfel vs. Blessing. 37 MLsc. 47. § 12 1. Bids for public work — Kver}' contract for public im- provement within the city shall be based upon estimates of the whole cost of such improvement furnished by the proper ofiicer. board or department havinj; charge of the improvement. No contract shall be let except after the receipt of bids, and no bids siiall be received at any other time than at a regular meeting of the board, and unless they conform to the rules of the board and the general ordinances of the common council. All bids must in addition be endorsed with the title of (lie work to which they relate, the name of the bidder and his residence. (/. 1898, Ch. 182). i^ 122. Opening of bids ; newspaper reporters welcome — It shall be the duty of each member of the board to l)e present at the time and place mentioned in the public notice referred to in section lU'J CiiAKiKK Law ok tiik White Charter one hundred and twenty. After all the bids have been pre- sented, but not until a half hour after the time stated in the public notice for holding the meeting, all bids shall be opened by some member of the board or by the clerk in the presence of iIk- bidders and newspaper reporters there present, though a ma- jority be not then present, and an abstract of all of them, with the prices and security offered, shall be immediately copied in a book kept for that purpose without any change, correction or addition whatever. All bidders and reporters of accredited newspapers shall have the privilege of being present when the bids are opened. The board may refuse all bids received at any meeting and advertise again for new bids to be received at another meeting as above prescribed. Neither the principal nor sureties on any bid or bond shall have the right to withdraw or cancel the same until the board shall have let the con- tract for which such bid is made and the same shall have been didy executed. {As amciitird /.. 1899. Ch. 581). J? 123. Bids for public lighting — .All the oil, gas and electric lights of the city shall l)e supplied |nusuant to section one hun- dred and twenty of this act and under and pursuant to con- tracts to be let by the board of contract and supply, which contracts shall cover and include the lighting and supplying of the lamps and the oil, gas, electric currents, the cleaning of the lamps and all the materials required in the use and repair thereof. The specifications for bids for the care, maintenance and lighting of the city electric lamps shall provide for the care and lighting thereof for a period not exceeding live years. They shall require each bidder to furnish with his bid a certified check, payable to the order of the treasurer of the city, in the sum of ten thousand dollars, which sum shall be forfeited to the city in ca.se the bidder depositing the same shall be awarded the contract and shall not execute the same and furnish the bond required, whicli liond shall be City ok Kochkstkr 103 White Charter in the penalty of fifty thousand dollars. In case the contract be not awarded to the l)idder. or if awarded, the contract and bond shall be duly executed, such check shall be returned to him. ("/. 1898, CIt. 182). ^ 124. Clerk of board of contract and supply — The board of contract and supply shall appoint a clerk, to hold otlice during its pleasure, whose duty it shall be to keep a full journal of all the pro- ceedings of the board, including ever)- vote thereof by ayes and noes. The minutes of each meeting of the board shall be printed in full within six days after its adjournment and distributed immediately, one copy to each member of the board and of the common council, one to the head of each department and one to every taxpayer entitled thereto under section four hundred and .seventy -two of this act. At the end of each year the printed minutes shall be indexed and bound in adequate number. (/. 189S, C/i. 182). NuTK — At its first meeting in 1900 the board of estimate and apixirtionment created the office of city jjurchasing aj;ent in the department of public works. (rrt)C. Hd. K.St., 1900, p. I). Since that time the offices of clerk of the Ixjard of contract and supply and of purchasing agent have been filled by the same official. NolK — §§ 125-131. inclusive, are omitted from the White Charter as tirst enacted. !; 125. Street iniproNcmentsand petitions therefor When- ever the common comu il shall order and direct that any street, ave- nue, alley, road, lane, square, open court, dock, wharf, or place, or part of the same, in said city. l)e paved, repaved, or repaired, sepa- rate plans and specifications shall be prepared for doing such work, with each kind of pavement or material specified in the petition there- for, or. if not so specified, with each kind of pavement or material specified by the common council : and pro|x>sals shall be invited, pursuant to the provisions of this act for doing such paving, repav- ing or repairing, with each kind of pavement or materials specified in the petition therefor, or by the common council. In ca.se the ex- 104 ChAKI'KK LaU ()!• THK White Charter pense of such pa\ in<,f. repavin^ or repairs is to be assessed upon the property benertted thereby, a majority of the property owners liable to be assessed therefor, owning not less than two-fifths of the feet front of property, exclusive of city property, fronting the street, ave- nue, alley, road, lane, square, open court, dock, wharf, or place, or part of the same, to be so paved. repa\ed or repaired, may, at any time within one week after proposals for doing such work have been received and opened, present to the board of contract and sup- ply a petition, or other writing, designating the kind of pavement or material to be used in making said improvement ; and if the expense of such improvement is not to be assessed upon the property bene- fited thereby, or, if to be assessed upon the property benefited thereby, the propert}' owners shall not make the designation as in this section provided, the common council shall, not later than at its next regu- lar meeting after the expiration of one week from the reception and opening of such proposals, designate the kind of pavement or mate- rial to be used in making such improvement ; and the contract for such improvement, if awarded, shall be awarded for the kind of pave- ment or material so designated b\ the property owners or common council as aforesaid, and to the lowest bidder for doing the work with the kind of pavenienl or material so designated. {Aiiiicti by J.. 1900, C/t. 415). N«JTE — §§ 1 25-1 51. inclusive, omitted frnni Wliite C'liarter as first enacted. i! 132. City engineer and assistants There shall be a city engineer, to be appointed by the mayor, and to hold office to the end of the term of the mayor appointing him, unless sooner removed by the mayor, whose office shall be a bureau in the department of public works. He shall be a civil engineer of at least \\\q years practical experience in his profession. It shall be his duty to perform all the ordinary engineering and surveying services needed in the affairs and business of the city, and to supervise, under the general directions of the commissioner of public works, all the work done for the city in ClTV OF RoClIEiTKR 105 White Charter which the skill of his profession may be required or useful. He shall act as the su])eriiUendent of jniblic buildings, bridges, docks and wharves, under such regulations as may be prescribed by ordinances of the common council, and under the direction of the commissioner of public works. He shall employ such subordinates to serve during his pleasure, and shall have such other assistance as the board of esti- mate and apportionment siiall prescribe. (Z. 1898, Cli. 192). Public buildifiKs may by leased to veteran organizations at nomi- nal rent — (itufral MuniiiiKil l,:i\v. i; j(>. Custody of school buildinj^s within authority of city engineer - People ex rcl. (i.ifiigan \.s. Kiiki r>()ii. 5(1 -^PP- 1''^- i"^'^- Foreign flags not to be displayed on public buildings without con sent of mayor — I.. iSi)5. (Ii. ^'1. Public buildings may be insured — Cieneral Municipal I-iw, § 2;,. NoTK — §§ I ^3-141, inclusive, are omitted from the White Charter as first enacted. ?5 14J. Commissioner ot public NNork^ is hijihw ay com- missioner — K.xcept as otherwise provided in this act, the other laws of the state, or by ordinaiucs of the common council, the commis- sioner of public works has over the streets within the city all the jurisdiction, and is charged with all the duties of commissioners of highways within the towns of the state. (/.. 1898, (."//. 182). Changing street lines— St. Vincent (). A. vs. Troy, 76 N. V. loS. Coasting in streets— .\rthur vs. Cohoes, 56 Hun 36; artirmed, 134N.Y.589. Storing wagons in streets (Llien v-. M,iv..i. 113 N. V. ^yz. Rights of private water company to lay pipes in streets — Rochester and Lake (>ntari Law. § i ;;■). Sewers and drainage in towns adjoining citie.'i — L. njoi, Ch. 34S. , {5 147. Contracts for public improvements; bonds; street surface railroads — All cf)ntracts for any work or improve- ment described in the foregoing section shall be awarded by the boartl of contract and sujjply in the manner herein provided for and all the expense incurred for work. I.d)or and services performed and materi- als furnished, with the incidental cost and expen.se attending the same for any of the improvements so authorized, except where such expense or portion thereof is made a city charge, shall be assessed upon the property intended to be benelited thereby, which is described by the officers and in the manner prescribed in the statutes applicable thereto which were in force in any city at the time of the taking eO'ect of this act, and the procedure for the making, levying and conforming of the assessments, the collection and payment of the sums of money due thereon and the sale and redem|ition of the property assessed on ac- count of the tlefault of the owners thereof to make payment of the same within the time prescribed by law, shall be regulated and gov- erned bv the laws in existence and applicable thereto in each 108 CnAKiKK Law ok thk White Charter of the cities respectively at the time of the passage of this act except as otherwise provided herein. All laws authorizing the issuing of bonds or certificates of indebtedness to contractors during the progress of any such work or improvement and prescribing the proceedings in regard thereto and the restrictions iMuler which the same shall be issued, are hereby continued in full force and effect in the respective cities to which the same are now applicable, and the several officers designated in and by this act to exercise the general powers and discharge the general duties hereto- fore exercised and discharged by the corresponding officers named in said several acts referred to are hereby charged with the performance of all the acts necessary to be performed in the making, levying and collection of such assessments, the sale and redemption of said prop- erty and the issuance of such certificates of indebtedness. Nothing contained in this act shall be construed as relieving any street surface railroad company from its obligations or agreements under existing con- tracts, ordinances or laws to pay any portion of the expense of paving or repairing any street or part thereof, or the making of any other im- provement in the city. {Ameudeil L. 1899, Ch. 581: /,. 1900. Ch. 415). When money may be paid on contracts for local improvements — Kronsbeiii vs. City of Koi. heeler, -(1 App. I)iv. 4174. Property beyond the territory benefited cannot be assessed for sewer — IVc)plL- v>. ISmoklsn. Jl r.;nl>. I'V'. Street surface railroads shall keep in permanent repair street be- tween tracks and for space two feet outside rails - Railroad Law, \ gS. Conw.iy \>. (-its of Koclicsitr. 1 \~ N. N'. ^ ;. «5 148. Expense of street improvement The expense of opening or altering a street shall be borne wholly by the property ben- efited thereby, except in the cases provided for by .section thirty-four of this act, which expense shall be assessed and apportioned by the officers upon the property described and in the manner prescribed in the statutes applicable thereto which were in force in any city at the time of the taking effect of this act. {Amcndcii L. 1899. Ch. 581). Street improvements generally — See Index. City ok Rch hkster 109 White Charter ?i 149. City may acquire real estate — \Mienever the com- mon council shall direct the opcninj,' and laying out of a new street or the alteration of an existing street, or whenever any real estate or interest therein shall be required for any munici])al purpose whatever, the commissioner of public works may acquire for the city the neces- sary land and real estate by gift or by purchase at a price approved by the board of estimate and apportionment or by condemnation pro- ceedings conducted under the laws prescribing the method of proce- dure of acquiring title to real estate by the right of eminent domain in force in the several cities respectively at the time of the taking effect of this act. (Aviiiidnl /. 1809, Ch. 581). Power to acquire by condemnation— (ieneral Municipal l.;i\v. § zz. Condemnation proceeding's — Code Civil I'roc, §§ 3357-33S2. See § i(><; Old Charttr. p. 5(> this book. Note — §§ 150, 151, 161, \Gz. 163 and 164. White Charter, were repealed by L. 1899, Ch. 5.S1. NoTK — §§ 152-160, inclusive, omitted frcjni the White Charter as first enacted. ^ Old Charter § 61. Duties of street superintendent — It shall be the duty of the superintendent of streets to superintend, under the direction of the e.xecutivc board, all work to be done or ordered upon or in relation to any of the public streets, parks, walks, bridges, sewers, piunps or reservoirs of said city, and to perform, under the direction of said board, such other duties as are by law imix)sed upon him. If no super- intendent of streets shall be appointed, then all f>owers and duties by this charter imposed upon him shall belong to, and be performed by, the executive board of said citv. ('/,. 1S80. Ch. 14). § I }<) Improvement of streets ; street superintendent ihe executive board shall have sole power to let all contracts to be made 110 Chaktkr Law of the Old Charter by said city in pursuance of any ordinance, except such as are by law directed to be other- wise made, and shall superintend the execution of the same, and shall have the superintend- ence and control of all work or improvements ordered by the common council, and shall have control of the construction, improvement, repair and cleaning of streets, alleys, sewers and bridges, except bridges owned by the state of New York, and shall have control of the expenditure of the funds therefor ; but when- ever the expense of any such work or improve- ment shall be required to be defrayed by a local assessment the common council of said city shall alone have power to pass any ordi- nance therefor. The members of the said board shall give their entire time to the duties of the office, and they shall be the commission- ers of highways of the said city. The execu- tive board may appoint, and at pleasure remove, a superintendent of streets, fix his com- pensation and prescribe his duties. (Z. 1880, Ch. 14). J5 150. Water works; water meters; actions for penalties — The executive board shall ha\e control of the water works of said city, and of the construction of all extensions and additions, improvements and repairs of the same, and of furnishing the water to citizens, and the care and repair of said works, and to the end shall have the powers granted to the board of water commissioners of said city by section three of chapter seven hundred and fifty-four of the laws of eighteen hundred and seventy-three, and they may make such rules and regulations and establish such rates for the use of water as they may deem proper. All moneys received for water rates or the use of water, .shall, at the close of each day, be paid to the city treasurer. Whenever any meter for registering the use or consumption of water is, or may be, placed in any building or other place where such water is used or consumed by City of Rochkstkr 111 old Charter or uiulcr the diicclion of the said executive board, the same shall at the cost and expense of the owner of such building or place, as well as the tenant or occupant of the same, or other person using or consuming said water, be at all times kept and protected from any injury caused by reason of any act or thing, including the action of frost, and in case any such meter shall be injured while being at the place where the same is deposited by the order of the said executive board, or its agents, the cost and ex- penses of repairing or replacing the same shall lie borne and paid by such owner, and tenant, occupant or other person, to be recovered by suit in the name of. and for the city of Roch- ester. Any action or proceeding taken or insti- tuted by said executive board to recover any penalty, or enforce any liability, claim or demand under any of the provisions of this act, or any of the rules and regulations of said board, adopted under the power granted by this act, may be brought in the name of said exec- utive board, as such, or in the name of the city of Rochester. (.Is (inuiiihui I.. 1890, Ch. $ 156. Power to purchase property for water works The e\eculi\c board, with the concurrence of the common council, may purchase, and take title to the city, of an\- property or real estate within or without the city limits, which they may deem necessary or desirable for the protection or improvement of the water works. ( /,. iSSo. C/i. 14). on ri 1^7. Pou er of commissioner of pub lie w<)rks over streets and the extensioi of waterworks Ihe lonunissioner of public works of the city of R? 2 ). Cirv OF KOCHEIJTKR 113 Old Charter A private company can la\ pipes in city streets uiuIlt I'ransportation ( ■<)i|)iiiauiiii> l.aw — Rochester and Lake Ontario Water Com|)any vs. Citv of Rochester, S4 App. Div. 71 ; atiirnied. 176 N. \'. y\ 5 i5<). Interference \N it h water N\ orks property and supply a misdemeanor Any person who sh.ill willfully do. or cau.se to be done, any act whereby any work, materials, or ■ptoperty whatsoever, erected or used by the city of Rochester, for or in connection with the water works of said city, shall be impaired ll-i CuARTKR Law of the Old Charter or injured, or shall divert, draw down or diminish the waters of Hemlock or C'anadice lakes without authority of law, or shall in any way interrupt or prevent the Mow of water through the water mains, pipes, or service of said works, or shall throw, deposit, place, cast, pass or cause to be passed, cast, placed, de- posited or throw'n into the waters of said Hemlock or C'anadice lakes, or into any reser- voir, conduit, aqueduct or pipe belonging to said works, any dead animal, ordure or delete- rious, offensive, tilthy, impure or obstructing matter, thing or liquid, or who shall place any of said descrilK'd matter, thing or liquid so that the same ma\- he washed or carried or How into either of said lakes or any conduit, pipes, or aqueducts supplied with water there- from, shall be liable to prosecution for misde- meanor, and on conviction shall be punished by fine of not exceeding two hundred dollars, or imprisonment of not exceeding one year, or both. (Z. 1880, Ch. 14). >j 160. Tapping water pipes and letting water run a misdemeanor — Any person who shall, without the consent of the executive board, its authorized agents or successors in ofifice, tap, open or connect with any water- pipe, or open any hydrant, valve or stop-cock connected with said water works, or make any extension of existing service pipes, whereby increased quantities of water are or may be used, without said consent, or shall leave open any valve, faucet, stop-cock or other fixture for continuous flow of and through which there shall be continuous flow beyond what may be necessary for actual use, or the purposes re- quired in connection with such hydrant, valve, faucet, stop-cock or other fixture, shall be liable to the city of Rochester in a penalty' not exceeding two hundred dollars, which penalty the executive board or its succes.sors in office for and in behalf of the city of Rochester may sue for and collect in a civil action. The said City of Rochester 115 Old Charter acts or any of thcni are hereby also declared to be a misdemeanor, and the person so offend- ing may be prosecuted therefor, and on con- viction shall be punished by a fine of not exceeding two hundred dollars, or imprison- ment of not exceeding one year, or both ; but the penalty in a civil action and also in a criminal action shall not be enforced for the same offense. (.'Is atnciiiicd I.. 1884, Cli. 302). § 161. Statement of unpaid water rates — It shall be the duty of said board on or before the first day of March in each year to make and deliver to the assessors of said city a complete statement of each and all un- paid water rates, with a description of the lot, building or real estate, and the name of the owner thereof where water has been used, for which water rates are and remain due and unpaid ; whereupon the said water rates and the amount thereof together with ten jx-r centum interest from the date when they were due, shall become a lien and tax upon said lot, building, or real estate, in the same manner as other city taxes, and shall be collected in the same manner as is or may be prescribed by law for the collection of taxes for city pur- poses of the city of Rochester. ( As a>H(H,/tu/ L. 1896, Ch. -j'li). § 162. City may acquire property for water works — In case the city of Rochester is unable lo obtain by purcliase the title to any lands, waters, lakes, springs, ponds, or streams, or any easements in, or right of temporary occupation of such lands, waters, lakes, springs, ponds or streams, which may be necessar)* for the use of the water works of said city, or of dumjiing rubbish and dirt, the executive board of said city shall be and hereby is authorized, by and with consent of the common council, to proceed to acquire such title or other rights in and to such lands, waters and property, for and in behalf of said city, in the manner pre- IIG Charter Law ok the ( )lcl Charter scribed by the conclenination law, as heretofore ainended. except as may be otherwise provided by hiw, and for that purpose all the provisions of the last mentioned act. and of the acts amendatory thereof, are hereby made applica- ble to proceedings under this act. And in case the said city of Rochester shall seek to acquire any lands or any easements, water or other right or privilege in. or connected with, any lands which shall belong to any corpora- tion having the right of taking private property for a public use, commissioners of appraisal shall not be appointed, unless it shall appear to the court that the title, right, interest, water right, easement or privilege so sought to be acquired, does not embrace any of the special corporate rights, privileges or franchises granted to the corporation owning such lands or other rights, nor anything which is essential to the exercise and enjoyment of such corporate rights and privileges. And in case commis- sioners are appointed by the court, the city of Rochester shall acquire no greater or other rights by the proceedings than it would have acquired if the property, right or privilege sought had belonged to a private individual, and in the estimate of damages made by such commissioners of appraisal, nothing shall be included for any corporate right, interest, priv- ilege or franchise of that corporation owning the property to be taken, but the same shall be estimated precisely as if the property belonged to some private individual. Any condemna- tion proceedings heretofore commenced under the act authorizing the formation of railroad corporatifms shall not be affected by this amendment, making the condemnation law applicable, but shall be completed pursuant to the provisions of the statute under which they w'ere begun the same as if this amendment had not been passed. (As nmi'iidai /. 1897. Ch. 784). ? ifil. Proceedings in case of en- croachments on streets — In every -case City ok Roc hkstkr 11 Old Charter where a street in said city has been or shall be encroached upon by any fence, building or otherwise the executive board may cause the same to be surveyed and the extent of such encroachment ascertained and may, by resolu- tion, specifying the nature of such encroach- ment and the extent thereof, require the owner or owners, if known, and if unknown, the occupant or occupants of the premises so en- croaching or adjoining such encroachment, to remove the same within such time as shall be specified in such resolution, which time shall not be less than ten days from the service of such resolutif)n as hereinafter provided. A copy of such resolution shall be served on the owner or owners of the premises so encroaching or adjoining such encroachment, if he or they live in said city, personally or by leaving a copy of such resolution at his or their resi- dence with some person of suitable age and discretion ; if such owner or owners do not live in said city, but have an agent living in said city, whose appointment is in writing and whose name is entered in a book to be kepi by the city clerk for that purpose, then a copy of such resolution shall be served on such agent personally, or at his residence, by leav- ing the same with some per.son of suitable age and discretion : if such non-resident owner does not have such an agent then a copy of such resolution may be served on any tenant in possession of said premises, and a copy thereof shall also be sent by mail addressed to such owner or owners at his or their residence, if the same is known or can be ascertained with reasonable diligence ; and if there be no such tenant, service by mail alone, as afore- said, shall be suflicient ; if there be no tenant in possession and the owner or owners of such lands, or his or their residence be unknown and can not be ascertained with reasonable diligence, then such service may be made by posting a copy of such resolution in a conspic- uous place upon the premises encroaching or 11^ C'HARTKK Law ok iiik Old Charter adjoining such encroacliment. The service aforesaid shall be made by such person as said board may direct. If such removal shall not be made within the time specified in such res- olution the owner or occupants of said prem- ises shall forfeit and pay to said city the sum of five dollars for each and every day that such encroachment shall continue unremoved after the time mentioned in said resolution for removing the same. And the said board may remove, or cause to be removed such encroach- ments, and may collect of such owner or occu- pant all reasonable charges therefor, with co.sts, in any court having jurisdiction of civil actions, and upon a judgment rendered in such action execution may issue against the person of the defendant in said action. No encroachment upon any street, alley, or lane of said city, however long continued, shall constitute an adverse possession to or confer any rights upon the person or persons claiming thereunder as against said city. This section and the la.st preceding section shall apply to alleys as well as streets, (.-is aiiii-iuicJ L. 1894, Cli. 28), Removal of unauthorized encroachments cannot be enjoined — Sims vs. Urooktulcl. 1;, Misr. 5O9. § 16:;. J^ractice when issue raised on encroachment If any person \\\)ow whom a copy of such resolution shall have been served shall, within fi\e days after such service, file with the clerk of said city, a notice that he or they deny such encroachment, the mayor or attorney of said city may apply to the county judge of Monroe county for a precept directed to the sheriff of said county commanding him to summon twenty-four freeholders of said city, to be named in said precept, to meet at a cer- tain day and place specified therein, not less than two days after the issuing thereof, to in- quire into the premises. The said mayor or attorney shall give the person or persons deny- ing such encroachment at least twenty-four City of Rochester 119 Old Charter hours notice of the time and place at which such freeholders are to meet. Un the day and at the place specified in such precept a jur)- of twelve persons shall be drawn by said judS. Flower of common council as to improvements The cf)miiK)n council shall have the power, subject to the restrictions and limitations hereinafter contained : 1. Construction of sewers — To make or cause to be made sewers, tunnels, drains and vaults, arches and bridges, wells, pumps and reservoirs in any part of the city, and also whenever for the purpose of drainage, sewerage, or to promote the public health, it shall deem and declare it necessary, to extend said sewers, tunnels, drains, vaults and arches to and beyond the liinit*^ of said city, and across private lands or highways in any adjoin- ing towns ; and to acquire the necessar)- lands, rights or easements therefor and make such ordinances for the regulation, protection and preservation of the same as may be deemed advisable. (As amcniicii I.. 1S97. C/i. 784). F*ropert> beyond the territory benefited cannot be assessed for sewer — iv-opli- v>-. linuik- lyn. J J Haib. 16O. 2. Construction- of streets, etc. — To cause the grading, repairing, cleaning, macad- amizing, planking or paving any of the streets, alleys, lanes, squares or walks in the said city, and the fencing of the public squares. (/. 1880, Ch. 14). 3. Oi'KNiNc. OF streets, ETI-. — To lay out. make and open any street, alley, square, park or walk in the said city, and to cause any street, alley, square, park or walk already laid out, or that may hereafter be laid out or used as such, to be opened or altered by widening or altering the course of the same, whenever they shall judge the public good refpiires the same to be done. (/. iSSo. Ch. 1 4 >. Improvement ordinances discussed %.>in- erally — I-.lwoocl vs. city, 43 Hun 102. .Scf White Charier. §§ 125, 148, this book. aute. 4. Discontinuance OF STREETS — The ex- ecutive board, whenever authorized bv the lii'J C'hartkk Law oi thk Old Charter coininon council, shall have the same ])o\ver with respect to said city, to discontinue any street therein, as is now by law possessed by commissioners of highways of towns, with re- spect to roads in towns; and the same proceed- ings shall be had, and the same appeal shall lie, from the decision of the said executive board, and the same proceedings shall be had on such appeal, as are now provided by law in reference to towns, so far as applicable. (Z 1880, Ch. 14). City cannot close street without making compensation — Egerer vs.N. V.C.etc.,41 St. Rep. 4SS. .St.L- White Charter, § 143, this book, ante. 5. Removal of deposits i.v Genesee river; proceedings — The common council shall also have power, from time to time, and at any time, to cause all or any accumulations of dirt, rubbish and deposits in any portion of the Genesee river, within the limits of said city, to be removed therefrom ; and may defray the expense thereof, in whole or in part, by assessment upon such lots and parcels of land in the said city as the common council may deem proper to be assessed therefor. The proceedings in such case shall be the same as are hereinafter provided in relation to public improvements the expense whereof is defrayed by local assessments, and the same proceedings shall be had after the deliv- ery of the certified order of assessment, as are prescribed in relation to assess- ments for any such ])ublic improve- ment, and in relation to tiie collection and enforcement of the same, and the lien thereof, and the sale of land for such assessments as may remain impaid, and in relation to re-assessment for any deficiencv in the estimated expense. (Z. 1880, Ch. 14)'. 6. Contractors' uonds for i.ahor ; actions thereon — Whenever any contract shall be let for any public or local improve- ment, the contractor shall execute to the city of City ok Rochester 1*23 Old Charter Rochester a bond or undertakinf;^, in the sum of not less than the amount of the contract, or to be fixed by the executive board in case the amount be indefinite, with three or more sure- ties, who shall be freeholders of the state of New York, each of whom shall, before being accepted, make oath and justify that he is worth the sum named in said bond or under- taking, over and above all debts and liabilities, which he owes or has incurred, and exclusive of property exempt by law from levy and sale under an execution. Or, if the said amount shall exceed ten thousand dollars, each surety may so justify to any amount not less than five thousand dollars, provided the aggregate of the amoiuit for which the sureties so justify sev- erally shall be. at least, the amount of the con- tract, such bond or undertaking, before being accepted, shall be approved as to form, and the sureties thereof by the said executive board or one of the members or clerk of said board duly authorized by said board ; and no contract shall be binding on the city until a bond or undertaking, so executed and approved, shall be deposited with the said executive board or its clerk, to be safely kept in the ofiice of said executive board for the benefit of the parties secured thereby. .Such bond or undertaking shall bind the contractor to pay, or cause to be paid, the wages and compensation of all labor- ers who shall be employed in work on or about such improvement, whether employed by him or any sub-contractor, or employee. Actions and proceedings on such bonds or undertakings shall be brought by and in the name of the laborer or laborers claiming to be secured thereby, and separate actions may be brought by each, or any number united of such laborers, or one action by all ; but the city shall not, in any manner, be liable or res|X)nsible, by reason of such bond or undertaking, or for any costs or expenses of any action or proceedings there- on. No action shall be commenced on such bond or undertakinjr after six months from the rJ4 CJJAKiKK Law ok imk Old Cliarttr time when the cause of action accrued and after the expiration of six months from the time when the whole work contracted shall be accepted by the cit}-, the said board, on appli- cation, shall, by resolution, declare such bond or undertaking canceled and discharged, except as to actions, appeals and proceedings then pending ; and such bond or undertaking shall, thereupon cease to have any binding force or effect, except as to pending cases, as aforesaid. {As a men lied I.. 1892. Ch. 190). Guarantors and sureties — See L. i.SSi. Ch. 486; L. I1S93, ^'i- 720, as amended L. 1895, Ch. 178; Matter of Filer, XI Abbott's New Cases 107. § 7. Sprinkling of streets — The com- mon council are hereby authorized to cause the whole, or any part of any street in said city to be sprinkled with water, or cleaned, and may pay the expense thereof by an assessment upon the lots and parcels of land fronting on such streets, or any specified part thereof (in propor- tion to the benefit and advantage thereby derived). The proceedings of the said com- mon coinicil in relation to such work and for the assessment and collection of the expenses thereof shall be conformed as nearly as may be to proceedings in relation to the making of local improvements, and collecting the expense thereof (as now required from the persons own- ing or occupving the lots to be assessed). {A»u-ni/c,/ /.. '18S1. C/i. 34^: /. 1890, C/i. 561). CnV OK ROCHKSTER 12.' While Charttr ARTICLE \T DKI'ARr.MKNl ()1 I'l IW.IC SAFKTN" § 174. Commissioner of public safety and chief of police ; bonds thereof — There shall be a coinmissioner of public safety appointed by the mayor within ten days after the beginning of every mayoralty term. He shall have charge of and supervision over the police department and shall hold office for two years unless sooner removed by the mayor. The commissioner shall ajjpoint, when a vacancy shall occur, a chief of police, to hold office during good behavior, or until he becomes permanently incapacitated or unfit to discharge his duties; and such other subordinates to hold ofiice during his pleasure as may be prescribed by the board of esti- mate and apportionment. In ca.se of a vacancy in the office of commissioner of public safety, the mayor shall, within ten days, fill the vacancy by appointment for the remainder of the term. The commis- sioner of public safet)' and the chief of police shall each give a bond to the city, witii sun-ties, for tiie faithful discharge of the duties of their respective offices, in a penalty to be pre.scril)e(l by the common coun- cil, which bond, as to its form and the sureties thereto, shall be ap- proved bv the mayor. (,-/.v amviuifii /.. 1.S99. C/i. 581). Oath of office — Public Officers I-iw. § 10; failure lo take oath. I'tnal Code, §§ 4^.43; tlftrt on official act.s of failure tp. I>i\. ",r ( ; l'r..i)l<' ix rel. Miller vs. I'eclc. 73 App. S9. Commissioner can hear charges of misconduct occurring l>efore Jan. 1st, 1900 — People ex rel. Spain vs. Coyle, ^5 App. Div. 22T;. § 185. Police pension fund — Any police pension fund now e.xisting in any city, or any such fund which shall hereafter be created, or existing fund increased or extended imder the rules and regulations i;}(i Char IKK Law oi" thk Whitf CharlLr of the police department aiul ordinances of common council and with the approval of all the members of the board of estimate and apportion- ment, shall be maintained, managed, and controlled by the comptrol- ler of the city, under the rules and regulations prescribed by the city ordinances, and he shall be the trustee of the fund for the purposes of its creation: and the rights of all persons in any such fund now existing shall remain unimpaired by this act. (^Asamcndcil L. 1899, Ch. 581). Act to establish a police pension fund — I,. 1SS7, Ch. 614; amended L. 1SS9. Ch. 40() ; L. 1X94. Ch. 5K); I.. i<;oi, Ch. 721; L. 1903, Ch. 382. Pub- lished in full in this volume, /tJj/. See Inde.x. § 186. Powers of mayor over police force — The mayor, being charged to take care that the laws of the state and the ordi- nances of the common council and of the commissioner in charge of the health department be duly executed within the city, is empowered to control and direct the police department for this purpose ; and in case of riot or insurrection, he may take command of the whole police force, including the chief executive officer thereof, and he may, for the occasion, appoint and commission as many special policemen as he may deem necessary, who shall have all the powers of regular members of the police force. (/. 1S9S. Ch. 182"). Mayor shall not appoint as special police any persons not citi- zens — Tenal Code, § 1 19; as amended L. 18S2, Ch. 384, and L. 1892, Ch. 272. 5? 187. Police exempt from military and jury duty — No member of the police department is liable to military or jury duty, or to arrest on civil process, or to service of subpoena from civil courts, while actually on duU', nor shall he hold any otiier office or be employed in any other ckpartnunt of the city government. (Z. 1898, Ch. 182). Exemption from military duty — Military C<>de. § i, .^ubdiv. 4. § 188. Police appointments subject to civil service laws — All appointments to membership on the police force shall be made pursuant to the civil service laws of the .state, and in case of any vacancy in the police force the same shall be filled from a list of per- sons eligible to appointment under such laws. (Z. 1898, Ch. 182). City ok Rochkstkk l.'Jl White Charter § 189. Policemen not to be members of political con- ventions — No otiicer or incnibcr of the police dcpartinent shall be a member of or delegate to any political convention, nor shall he be present at any such convention except in the performance of duty relating to his position as such officer or member. Any violation of these provisions shall work a forfeiture of his office or position, and it shall be the duty of the mayor to dismiss him from his oftice or pQsition, and enter of record the cause of such dismissal. (Z. 1898, Ch. 1S2). § 190. Policemen not to solicit votes — It is imlawful for any officer or member of the police deparinuiu to solicit any person to vote at any political caucus, primary or election for any candidate, or to challenge any voter, or in any manner to attempt to influence any voter at any political caucus, primaiy or at any election, or to be a member of any j)olitical committee ; ami any person violating the provisions of this section shall forfeit his position under the city government. \ I.. 189S. C/t. 1S2). <5 191. Common council may pass police ordinances — In additif)n to the provisions herein contained, the comnton council may make any ordinances, not inconsistent with this act or the other laws of the state, for the government of the police department, and for regulating the powers and duties of its officers and members. (/,. 1S9S. Ch. iSj). ?i 192. Policemen shall retain positions — All otVicers and members of the police department, when this act takes ciTect, shall remain and continue in their respective positions until their |K)sitions shall become vacant by de.ith. resignation or by removal under pro- cedure hereinbefore set forth. (/. 1898. Ch. i8j). NoTK — W 193 200. inclusive, are omittid in White Charter as first enacted. Police authorities must be notified of parades and processions- General Citv l,.\\v, § \. 1 i:!*i CiiARTKK Law (M thk While Charter Police matrons in cities — General City Law, §§ 'X3-97. Mayor may Issue certificates to policemen and firemen guod for free use of street raihvay, telegrapli and telephone, when on duly — L. 1S95, Ch. 417. Vacations of members of police department — 1.. rS.»3, Ch. 594. Published in full in this volume, /<'j/. See Index. Carrying and using weapons in cities — Penal Code, §S 410, 411 and 46S. See also L. 1SS3, Ch. 575. Commissioners stiall have sufficient police at public meetings — Code of Crim. Proc, § loi. Old Charter The organization of the police department under the Old Charter i.s found J,. rSSo. Ch. 14, § 12, as amended P. 1881. Ch. 343; P. 1S92, Ch. 190. Said § 12, (Jld Charter, contained eleven subdivisions and set forth the powers and duties of the old board of police commissioners, which is now superseded. Subdivisions 7, 9 and 10 of said § 12 are as follows : 7. Suspension and dismissal of polick — The mayor or any one of said commis- sioners, at any time, upon charges being pre- ferred, or upon finding said chief or any other member of the pohce force guilt)' of miscon- duct, shall have power to suspend such member from service until the board of commissioners shall convene and take action in the matter ; provided, however, that such member shall not remain so suspended for a longer period than thirty days without an opportunity of being heard in his defense ; and upon hearing the proofs in the case a majority of such commis- sioners may discharge or restore such members in accordance with the decision of the ma- jority of such board thereon ; and the pay or salary of any member shall cease from the time of suspension to the time of restoration to sen'ice, unless othenvise ordered by said board of commissioners in their written decision. City of Rochkstkk 133 Old Charter which shall be filed with the clerk ; and any violation of the rules, regulations or orders of the board, or orders of any superior, shall be good cause for dismissal. (L. 1S80, Cli. 14). 9. Powers and dutiks ok tiik police FORCE — The said chief of police, police clerk and every policeman duly appointed as afore- said shall have issued to him a warrant of ap- pointment, signed by the president of the board and countersigned by the city clerk, and stat- ing the date of his appointment, which shall be his conmiission, and he shall take the proper oath of office and subscribe the same in a book kept for that purpose, and he shall have the same power and authority and duties, and be subject to the same regulations and lia- bilities as a constable elected in a town, except that the said chief of police and policemen shall not receive nor execute any process in any civil action except the same be issued for a violation of penal ordinances of said city of Rochester. The said chief of police shall de- tail one policeman, to be selected by the dis- trict attorney of Monroe county, to attend upon each court of oyer and terminer and court of sessions held in and for Monroe county, and such policeman shall be designated, notified and returned by the sheriff of Monroe county to attend said courts, in the same manner in which constables are now designated, notified and returned by him to attend such courts, and shall be paid in the manner constables are paid by law for such service : liut such police- man, during such detail, shall be subject to the orders of the district attorney of Monroe county only. The said chief of police and policemen shall, upon the request of the district attorney of Monroe countv. ser\ e any criminal process issued by him within the limits of the city of Rochester, and the fees allowed by law therefor shall be paid by the county of Monroe to the treasurer of the citv of Rochester. (/. 1880, Ch. 14). 134 Chartkk Law ok thk Old Charter lo. PowKR TO arrest; special offi- cers — The said chief and poHcemen shall have power and authority respectively to ar- rest any person or persons by them found vio- lating any of the penal ordinances or laws of said city, and to take such person or persons before the police justice, or any justice of the peace of said city, to be dealt with in the same manner as if such person or persons had been arrested upon warrant theretofore duly issued by such justice ; and it shall be the duty of such chief and policemen, respectively to en- force any and all of the penal ordinances and laws of said city of Rochester. The said chief of police shall, upon the request of the city clerk, detail one or more policemen, whose special duty it shall be to enforce the penal ordinances of said city, relating to all persons required to take out licenses, and to report, without delay, to the city attorney, for prosecu- tion, all violations of said ordinances. (Z. 1880, Ch. 14). § 70. Duties of police force; penalty for reifusal — The chief of police and police- men of said city shall obey the lawful orders of the mayor, aldermen, and of the police jus- tice, or of any person legally exercising the criminal jurisdiction of a justice of the peace in said city, in enforcing the laws of this state or the ordinances of said city; and in case of refusal or neglect so to do, he or they shall be subject to a penalty of not less than five dol- lars nor more than one iunulrcd dollars. (/. 1880, Ch. i4\ § 71. Monroe county to pay expenses of punishing offenders against state law — The expenses of apprehending, exam- ining and committing offenders against any law of the state in said city, and of their con- finement, shall be audited, allowed and paid by the supervisors of the county of Monroe, in the same manner as if such expenses had been incurred in any town of the said count)', to be assessed on said city. (Z. 1880, Ch. 14). City ok Rochkster 135 White Charter § 20 1. Powers of commissioner of public safety over fire department — The coniniissioner of public safety shall have charge of and supervision over the fire department. (Z. 1898, Ch. 182). § 202. Fire department subject to Rradinjf of common council — The fire department in each city shall, as to its component parts, except the head thereof, remain as now constituted until the same shall be changed by the action of the common council, which shall at all times have authority, by ordinance, to determine the num- ber and grades of all officers and members of the department. ( /. 1898. Ch. 182). § 203. Appointment of chief and firemen — The commis- sioner shall appoint, when a vacancy shall occur, a chief of the fire department, who shall hold office during good behavior, or until he becomes permanently incapacitated or unfit to discharge his duties, and such other subordinates, to hold office during his pleasure, as may be prescribed by the board of estimate and apportionment, and all the officers and members of the department as vacancies may occur or the ordinances of the common council require or determine: and all the ofiicers and incmbcrs of the (kp.irtment shall, except as herein- before specified, and subject to the power of removal hereinafter specified, hold their respective places during good behavior, and so long as they arc competent to discharge the duties thereof, subject to the power of the conunon council to abolish any office or to diminish the number of members. It shall be the duty of the chief, subject to the direction and control of the commissioner, to perform such serv- ices as may be delegated or directed by the commissioner. {Ainriii/o/ L. 1899, Ch. 581). § 204. Charges and trials of firemen — .\ny officer or member of the department may be removed by the commissioner upon charges affecting his conduct or character or his competenr\ or 136 CuAKiKk Law oi thk White Chartt.-r capacity to discharge his duties, after a hearing upon such charges or an opportunity to be heard after notice thereof. The trial upon such charges shall be publicly conducted, according to rules and regula- tions adopted and promulgated by the commissioner; and for the purpose of such trials, the commissioner may issue subpcenas for witnesses and compel their attendance. In case an officer or member is found guilty upon charges affecting his conduct or character, instead of removing him, the commissioner may, in his discretion, sus- pend him from pay in the department for some definite time, or impose upon him a fine not exceeding fifty dollars. The decision of the commissioner shall be final and conclusive and not subject to review by any court. (Z. 1898. Ch. 182). 55 205. Fire department pension fund — Any pension fund for the benefit of members of the tire department now existing, or any such fund which shall hereafter be created, increased or extended by law and the rules and regulations of the department thereon, and under ordinances of the common council, and the approval of all the members of the board of estimate and apportionment, shall be main- tained, managed and controlled by the city comptroller, pursuant to law, and to the rules and regulations of the department based thereon. He shall be the trustee of the fund for the purposes for which it was created ; and the rights of all persons in any such pen- sion fund now existing shall remain unimpaired by this act. (--/.*• ameiiiird I.. 1899, Ch. 581). Act to establish a pension fund for Rochester fire department- L. 1S94. Ch. 524 ; amended L. 1895, Ch. S37 ; L. 1896, Ch. 696. Published in full in this volume, niiti-. See Index. § 206. Commissioner of public safety shall control apparatus and property of fire department ; contracts of over $500 — The commissioner has the control and management of all the City ok Rochkstkr KJT White Charter apparatus, property and huilclini,^s furnished for the department or appertaining thereto ; and he has the general direction of the expen- diture of all the money apjjropriated to the department, as herein pro- vided. When the commissioner declares that any real property or building is needed for the department, requiring an expenditure of over five hundred dollars, he must re])ort the facts concerning such need to the common council, which may by ordinance give authority for the purchase of the property, or the erection of the building by contract, to be let by the board of contract and supply, as heretofore ])r()\i(le(l. luiless tiie conunon council and board of estimate and apportionment shall. b\- an imanimous vote, declare it impracticable to purchase the material or to do the work authorized in that way in which case the hre commissioner may make the purchase and do tile work, using his own judgment. (/.. 1898, Ch. 1S2). {5 J07. Firemen shall retain positions AH officers and members of the tire department, when this act takes eflfect. shall remain and continue in their respective positions until their positions shall become vacant by death, resignation, or by removal under the procedure hereinbefore set forth. {I.. 1898, C/i. 1S2). Note — §§ 2oS-2i(). inchisivf, omiitt'd in NVhitt- Charter as first i-nacled. Payment of tav b_\ t'orci;^!! lire insiiraiue corporation — Insurance !...«. §§ i.vv I ;,<'. Fire escapes must be pro\ idcd nonnsiir ComnKrce I nv. !j \o\ I'( nal ( 'ocir, § (i;/'. Chief shall Inspect hotels as to fire escapes an' " twice annually — Dumtstic Comnierci- Law, § 40. Exemption of firemen from Jury duty— Code ( i\il I'l..^.. !; 1030, snlidiv. \y\ frnin niilii.iiv iliit\. Miliiarv (imIc, !J i. Mihdiv. .\. Firemen moving from one t.it\ to anotlK-r shall he entitled to certificate ( ;. iv i.il ( u\ 1 .iw, ;j); 1 ;. 1 1 l;xcmption certificates to be given to Noluntcer iiretiieii F.. I'joo. Ch. 440. Act pcrmittiii;; incnibcrship in fire department of pcr.sons who have been convicted of felony — I . i>)o;,. Ch. 427. 138 Chartkk Law of the Old Charter ^ 224. Purchase and sale of engine houses and fire department apparatus — The executive board may procure, build, erect and keep in repair such and so many fire en- gines, hose and other apparatus, fire hooks and lire buckets and other implements and conveniences for the extinguishment of fires, and to prevent injuries by fire, and such and so many public cisterns, wells, reservoirs of water and engine houses as they shall, from time to time, judge necessary ; provided, how- ever, that no engine house or fire engine shall be brought, built, or sold without the authority of the common council. (Z. 1880, Ch. 14). § 227. Rules and regulations for the fire department — The executive board may make rules and regulations for the govern- ment of said engineers and firemen; may prescribe their respective duties in case of fire or alarms of fire ; may direct the dresses or badges of authority to be worn by them ; may prescribe and regulate the time and manner of their exercise ; and the common council may impose reasonable fines for the breach of any such regulations. (Z. 1880, Ch. 14). {5 228. Engineers to have custody of engines, etc. — The engineers, under the direc- tion of the executive board, shall have the cus- tody and general superintendence of the fire engines, engine houses, hooks, ladders, hose, public cisterns and other conveniences for the extinguishment and prevention of fires, and it shall be their duty to see that the same are kept in order, and to see that the laws and ordinances relative to the prevention and extin- guishment of fires are duly executed, and to make detailed and particular reports of the state of their department, and of the conduct of the firemen, to the said board at stated periods, to be prescribed by the said board, and to make such reports to the mayor when- ever required by him. The certificate of the City of Rochester 139 Old Charter clerk of the city, under the seal of such city, that a person is or has been a fireman, shall be evidence of the fact in all courts and places. (Z. 1880. 67/. 14). 5? 231. Common council may com- pensate firemen for injuries — 1 he com- mon council may provide suitable compensa- tion for any injury that any fireman may re- ceive, either in his person or property, in con- sequence of his exertions at any fire. (Z. 1880, Ch. 14). ^ 232. flowers of common council as to fires — The common council may by ordi- nance : 1. Powers and duties of engineers — Prescribe the duties and powers of the engi- neers at fires, and in cases of alarms of fire, and may vest in them such powers as shall be deemed necessarj- to preserve property from being stolen, and to extinguish and pre\ cut fires. (Z. 1880, Ch. 14). 2. Powers and duties of mayor and ALDER.MEN — Prescribe the powers and duties of the mayor and aldermen at such fires, and in cases of alarm ; but in no case shall the mayor, or any alderman, control or direct the chief engineer, or his assistant, during any fire, ex- cept as hereinafter provided. ( /.. iSSo, Ch. 14). 3. PROTECnON AC.AINST IDLE, DISOR- DERLY AND susiMCious PERSONS — Provide for the removal and keeping away from such fires of all idle, disorderly or suspicious persons, and may confer powers for that purpose on the engineers. (Z. 1880, Ch. 14). 4. Compelling a.ssistance — Provide for compelling persons to aid in the extinguishment of fires, by all proper means, and to aid in the preservation, removal and securing of propertv exposed to danger by fire. (Z. 1S80. Ch. 14). 140 Chaktkr Law ok ihk Uld Chartfr 5. Compelling I'olkk okkicers to he PRESENT — To compel the constables and police- men of the city to be present at tires, and to perform such duties as the said common coun- cil shall prescribe, if.. 1880, C/i. 14). § 233. Arrest of persons refusing assistance at fires — Wlienever any person shall refuse to obey any lawful order of any engineer, mayor or alderman, or member of the executive board, at any fire, it shall be lawful for the officer giving such order to arrest, or to direct orally a constable, policeman or any citi- zen, to arrest such person, and confine him temporarily in any safe place, until such tire shall be extinguished ; and in the same man- ner, such officers, or any of them, may arrest or direct the arrest and confinement of any person at such fire who shall be intoxicated or disorderly. (/. 1880, Ch. 14). § 234. Tearing down of buildings to check fires ; damages, how appraised — Whenever any building in the said city shall be on fire, it shall be the duty, and be lawful for the chief engineer, with the consent of the mayor, or of any member of the executive board, or of any alderman, or for the mayor, or for any two aldermen, or the executive board, to order and direct such building, or any other building which they may deem hazardous, and likely to communicate fire to other buildings, or any part of such building, to be pulled down and destroyed, and no action shall be main- tained against any person or against the said city therefor. But any person interested in any such building so destroyed or injured may, within three months thereafter, apply to the common council to assess and pay the dam- ages he has sustained. At the expiration of three months, if any such application shall have been made in writing, the common coun- cil shall either pay the said claimant such sum as shall be agreed upon by them and the said claimant for such damages, or if no such agree- 1 Cnv OK ROCHKSTKR 141 Old Charttr ment shall be effected, shall proceed to ascer- tain the amount of such damages, and shall provide for the appraisal, assessment, collection and payment of the same, in the same manner as is provided by this charter for the ascer- tainment, assessment, collection and payment of damages sustained by the taking of lands for purposes of public impnncmenl. (Z. 1880, 67/. 14). § 235. Measure of such damages; satisfaction — The commissioners appointed to appraise and assess the damages incurred by the said claimant by the pulling down or destruction of such building by the direction of the said officers of the cit}', as above provided, shall take into account the probability that the same would have been destroyed or injured by fire if it had not been so pulled down or destroyed, and may report that no damages should equitably be allowed to such claimant. Whenever a report shall be made and tinally confirmed, in the said proceedings for apprais- ing and assessing the damages, a compliance with the terms thereof by the common council shall be deemed a full satisfaction of all said damages of the said claimant. (Z. i88o, C/i. 14). § 220. Powers of commissioner of public safety o\er the health department — The commissioner of public safety shall have charge of and supervision over the ck'|)artment of health. (Z. iS<)8. Ch. 182). § 221. Appointment of liealtli officer; general powers of commissioner- The commissioner fif public safety shall appoint, witiiin thirty days after his appointment, in the first instance, and there- after when a vacancy shall occur, a health officer, who shall be a doc- tor of medicine duly licensed under the laws of this state to practice as a physician and surgeon, and who has had at least ten years practice as such. He shall hold his office during good behavior, or until 142 Charter Law of the White Charter he becomes permanently incapacitated or unfit to discharge his duties. Every vacancy in such office shall be filled by the commis- sioner for the remainder of the term. The commissioner shall exer- cise all the powers and be charged with all the duties conferred upon or required of local boards of health by the laws of this state, so far as the same pertain to cities, with the exceptions, limitations and additions herein contained. (As avicndcd L. 1899, Ch. 581). This section in part supersedes Public Health Law, § 20. Yox powers of local boards generally see Public Health Law, §§ 20-32. Obstructing health officer a misdemeanor — Penal Code, § 396. Failure to comply with order of health officer — Penal Code, § 397. § 222. Appeals from orders of health officer — Any per- son aggrieved by an order, decision or direction of the health officer, may appeal therefrom to the commissioner, who may affirm, reverse, or modify the order, decision or direction appealed from. Such appeal must be made by serving on the health officer a written notice of ap- peal within two days, Sundays and legal holidays excepted, or within such further time as shall be allowed by the commissioner after the appellant receives notice of the order, decision or direction appealed from. Within two days after receiving such notice of appeal, Sundays and legal holidays excepted, the health officer shall make a written return to the commissioner of the facts and of the evidence on which such order, decision or direction is founded. Upon receipt of such return, or if no return be made within the time specified, the commis- sioner shall forthwith proceed to hear and determine the matter. Upon such appeal the commissioner need not be confined to the evi- dence contained in the return, but in his discretion may take additional evidence. Until the decision of the appeal be made, the order, de- cision or direction appealed from shall be suspended. In case of fail- ure to sustain the appeal, the commissioner may, in his discretion, impose costs not exceeding ten dollars upon the appellant. (Z. 1898, Ch. 182). I City of Rochester 143 White Charter * § 223. Health officers may appoint assistants and ex- perts — The health officer, by the authority and under the direction of the commissioner, may appoint a deputy and employ such experts in the sciences or arts relating to health, and employ such other persons as may be needed, and as the commissioner may authorize to assist him in the discharge of his duties and to carry into effect his decisions, orders and directions, and the powers vested in him by this act, subject to the approval of the board of estimate and apportion- ment. The deputy and experts, and other persons so employed, shall serve during the pleasure of the health officer and under his direction, and the direction of the commissioner, but their compensation shall be fixed by the commissioner, subject to the approval of the board of estimate and apportionment. (As aineiidcd L. 1899, C/i. 581). Powers of deputies generally — Public Officers Lasv, § 9. § 224. Inspection of public buildings — The health officer has authority and it is his duty to make inspection and to advise as to the proper heating, ventilation and drainage of public buildings under the control of the city or any of its departments, and in case any such building is in use or in process of erection without, in the opinion of the health officer, proper arrangements for heating, ventilation or drainage, he has power, subject to the right of appeal herein provided, to stop the use or the erection of such building, to direct such arrange- ments to be made and to restrain further work upon the building until they are made. (/.. 189S. Ch. 182). § 225. Sewers and drains subject to approval of health officer — All plans for sewers and drains shall be submitted to the health officer for his approval before contracts are let for the con- struction of the same, and in case of his refusal to approve the same such drains and sewers shall not be constructed unless, on appeal to the commissioner, he shall approve the same. The health officer has power, subject to the right of appeal herein provided, to stop the construction or use of drains and sewers which are not properly con- 144 Charter Law oi ihe White Charter structed or properly used, or which are not in accordance with jjlans previously approved and adopted. {As amciulcd I.. 1899, C/i. 581), § 226. City divided into health districts — The commis- sioner shall divide the city into not less than two nor more than seven districts, to be known as health districts, and shall file with the city clerk a written designation of such districts ; and he may from time to time alter such districts by tilinj; with the clerk a written designa- tion of such alteration. (/. 1898, Ch. 182). § 227. Appointment and duties of city health physi= cian — The commissioner shall appoint, to hold ofiice during his pleasure, a health physician for each of such districts, who shall per- form such duties as he may direct or prescribe. Their compensation shall be fixed by the commissioner subject to the approval of the board of estimate and apportionment. The deputy health officer and health physicians shall render medical services to indigent sick persons under the direction of the health officer and of the proper poor officers of the city ; but no sick person shall be maintained at any institution at the expense of the city, unless the poor officer shall cer- tify that such person is an indigent person and is a proper city charge. This section shall not be construed as applying to almshouses, hospi- tals or other public institutions which are provided with a regularly appointed medical and surgical staff, {/is iunciidcd L. 1899, Ch. 581). Obstructing health physician a misdemeanor — Penal Code, § 396. § 228. Actions as to nuisances — The commissioner is authorized, under the advice of the corporation counsel, in the name of the city, to maintain actions to restrain the threatened per- formance of any act contrary to its orders, directions, decisions or ordinances and to restrain and abate nuisances ; and for the pur- pose of obtaining a temporary injunction in any such action no undertaking shall be required. (Z. 1898, Ch. 182). Suppression of nuisances — I'ublic Health ].a\v, §§ 25, 26; as amended L. 1903, Ch. 383. City ok Rochester 145 White Charter § 229. Extraordinary health expenditures in time of peril — In case of great and imminent peril to the public health of the city by reason of impending pestilence, it shall be the duty of the commissioner, with the sanction of the common council, if it be practicable, to convene that body for prompt action, or if not, when approved by the board of estimate and apportionment, to take such measures, and do, order, or cause to be done, such acts, and to make such extraordinary expenditures in excess of the sum appropriated to the department of health, as in this act provided, for the preserva- tion and protection of the public health as he nia\" deem necessary and proper. Such ]X'ril to public health shall be deemed to exist only when and for such period as the commissioner and the board of estimate and apportionment by unanimous vote shall determine. (As amoided L. 1903, Ch. 408). § 230. Charges and trials of members of health depart- ment — Any officer or member of the department mav be removed by the commissioner upon charges affecting his conduct or character or his competency or capacity to discharge his duties, after a hearing upon such charges or an opportunity to be heard after notice thereof. 'I'he trial upon such charges shall be conducted, according to rules and regulations adopted and promulgated by the commissioner ; and tor the purpose of such trials, the commissioner may issue subpcenas for witnesses and compel their attendance. In case an officer or member is found guilty ujjon charges affecting his conduct or char- acter, instead of removing him. the conunissioner may. in his discre- tion, suspend him from pay in the department for some definite time, or impose upon him a fine not exceeding fifty dollars. The decision of the commissioner shall be final and conclusive and not subject to review by any court. ( /.. 1S9S, Cli. 182). ^ 231. Public health law in force — The public health law, so far as it pertains to cities, shall be applicable to cities of the sec- ond class, except as herein expressly modified. (/. 1898, Ch. 182). See Old Charter, § 2S0. this book, post. 14(') (.'hakik!-: Law m- ihk White Charter X(jTK — Y'i. 232-23'* oniiued from White Charter as first enacted. Provisions of public health law relating to powers and duties of local boards of health — Amended 1,. 1903, Ch. 3.S3. Legislature may confer power to enact sanitary ordinances— I'olinski vs. i'ecjple, 73 N. \'. 65; Croniii vs. People. 82 N. ^■. 31S. Health bureau shall enforce law as to employment of women and children - Labor Law. § 172. Act as to ambulances — L. 1S96, Ch. 873. Examining board of plumbers and inspectors of plumbing — (ieneial City Law, §§ 40-^7 : law lefiiilalinp; plumbers is constitutional — People e.\ rel. NechamcusVs. Warden, etc., 144 N. N'. 530: examination of plumbers — People ex rel. Kelly vs. Scott, 86 Hun 174; registration essential — Johnston vs. Dahlgren, 31 App. Div. 204: inspectors must be practical plumbers — Stearns vs. Tew, 6 Misc. 404. Milk and butter shall be kept clean by dealers — A^rii ultural Law, Cities of the second class shall maintain free public baths — L. 1892, Ch. 473; amended L. 1895, Ch. 351. Old Charier ^ 9. Board of health ; appointment and qualification of members; health officer; powers and duties; city phy- sicians — The board of health of said city, authorized under chapter two hundred and seventy. of the laws of eighteen hundred and eighty-five, shall consist of six persons, besides the mayor, of whom, at least, two shall be physicians of at least two years standing, and graduates of a regular medical college. They shall be appointed by the mayor and confirmed by the common council. Of those appointed in eighteen hundred and .seventy-six, two shall hold for one, two for two and two for three years, and thereafter for three years, or the balance of any unexpired term, and until a successor shall be duly appointed and quali- fied. The mayor of the city shall be ex-ofificio president of said board. Said board of health shall appoint its own health officer, who shall hold office at its pleasure, and shall receive a salar)- to be fixed by the common council. Such officer must be a graduate of some regu- City (;k R(m hk>tkk 147 Old Cliaiter lar medical college, and a physician of at least five years standing. Such board of health, in addition to the other powers conferred by said chapter two hundred and seventy, or any other act, now or hereafter in force, shall have the power by a vote of a majority of said board, to cause any person sick of any dangerous in- fectious disease to be removed to any proper hospital when, in its opinion, the public health requires, and to direct the location of all slaughter-houses, tallow chandler shops, butcher stalls, soap factories, tanneries, stables, privies, hog pens, sewers, or other offensive or un- wholesome houses or places within said city, and to abate or remove nuisances of every kind, and to compel the owner or occupant of any house or place aforesaid to cleanse, remove or abate the same, whenever it deems it nec- essary for the health, comfort and convenience of the inhabitants of said city. It shall be an advisor)- board as to the proper ventilation of public city buildings, and in case any public school, or other public city building, is in *prog- ress of erection, without proper facilities for ventilation, in the opinion of such board, it may stop the erection of such building, until the action of the common council can be had. and the common council shall have power to direct proper facilities for ventilation to be fur- nished and to restrain further work until such facilities are furnished. The common council shall elect, by ballot, for one year, not less than four, nor more than six city physicians, who shall be graduates of some regular medi- cal college, and be of at least two \ears stand- ing, who shall receive salaries to be fixed by the council, and shall attend gratuitously the poor of the city who are unable to hire physi- cian's, * under the direction of the poor com- mittee of the common council, the overseer of the poor, or other officer or board authorized by said common council. ( .-is amciuhui L. 1890, Ch. 561). * So ill session laws. 148 Charter Law of the Old Charter § 269. Powers of common council as to sanitary or quarantine regulations; pest=house — The common comicil shall have power to take such measures as they shall deem effectual to prevent the entrance of any pestilential or dangerous infectious disease into the city ; to stop, detain and examine, for that' purpose, every person coming from any place infected, or believed to be infected, with such a disease ; to establish, maintain and reg- ulate a pest-house or hospital at some place within the city, or not exceeding three miles beyond its bounds ; to cause any person, not being a resident of the city, or if a resident of the city, who is not an inhabitant of this state, and who shall be, or be suspected of being in- fected with any such disease, to be sent to such pest-house or hospital ; to cause any resi- dent of the city, infected with any such dis- ease, to be removed to such pest-house or hos- pital, if the health physician and tAvo other physicians of the city shall certify that the removal of such resident is necessary for the preservation of the public health ; to remove from the city or destroy any furniture, wearing apparel, or goods, wares or merchandise, or other articles or property of any kind, which shall be suspected of being tainted or infected with any pestilence, or which shall be, or be likely to pass into, such a state as to generate or propagate disease ; to abate all nuisances of every description which are or may be in- jurious to the public health, in any way and in any manner they may deem expedient ; and from time to time to do all acts, make all regu- lations and pass all ordinances which they shall deem necessary or expedient for the pres- ervation of health and the suppression of dis- ease in the city, and to carry into effect and execute the powers hereby granted. (Z. 1880, Ch. 14). See Dillon's Municipal Corporations, § 144. § 270. Sanitary regulations as to canal boats, etc. ; misdemeanor — The City of Rochester 149 Old Charter captain, master or person in charge of any canal boat, steamboat, or other craft or vessel, which shall enter the city, having on board thereof any person sick of any malignant fever, or other pestilential or infectious disease, shall be guilty of a misdemeanor, punishable by a fine or imprisonment, unless the person so diseased became so on the way, and could not be left. It shall be the duty of such cap- tain, master or person in charge, within two hours after his arrival, to report, in writing, to the mayor, or some other health officer, the fact of such sick persons being on board, and the name, description and location of his craft ; and he shall not permit such sick person to land or be landed, until the board of health, or some member thereof, shall give permis- sion for that purpose ; and any neglect or vio- lation of these provisions, or of any or either of them, shall be a misdemeanor, punishable with fine, or imprisonment, or both. (/.. 1880, Ch. 14). § 271. Same as to public conveyan= ces ; misdemeanor — The owner, driver, con- ductor, or person in charge of any stage, rail- road car, or other public conveyanc'e, which shall enter the cit}', having on board any per- son sick of malignant fever, or pestilential or infectious disease, shall, within two hours after the arrival of such sick person, report in writ- ing the fact, with the name of such person, and the house or place where he was put down in the city, to the mayor, or some member or officer of the board of health ; and any and every neglect to comply with these provisions, or any of them, shall be a misdemeanor, pun- ishable with fine or imprisonment, or both. (Z. 1880. Ch. 14). >? 272. Same as to infected property; misdemeanor — Any person who shall, know- ingly, bring or procure or cause to be brought into the city, any propertv of any kind, tainted or infected with any malignant fever, or pesti- 150 Charter Law ok the Old Charter lential or infectious disease, shall be guilty of a misdemeanor, punishable by a fine or im- prisonment, or both. (Z. 1880, Ch. 14). § 273. Powers of board of health as to canal boats, etc.; misdemeanor — The board of health shall have power, by an order in writing for that purpose, to be served on the master, captain, or person in charge of any canal boat, steamboat, or other vessel or craft, or any owner or consignee thereof, if such boat, craft or vessel be by them suspected to have on board any infected or diseased person or property, to require such boat or" vessel not to enter the city, or to remove to some certain distance not exceeding three miles from the city ; and every such master, captain, person in charge, consignee or owner, who shall be served with such order, shall be guilty of a misdemeanor, punishable with fine or impris- onment, or both, if such boat, vessel or craft shall enter the city, in violation of such order, or shall not be removed according to the tenor of .such order, within a reasonable time, not exceeding three hours after the service of such notice, j Z. 1880. Ch. 14). iJ 274. Hotels and boarding=houses to report sick persons ; physicians, in= fectious diseases; misdemeanor — Every keeper of an inn. or boarding or lodging- house in the city, who shall have in his house at any time any sick person, shall report the facts and the name of the person in writ- ing within six hours after he came to the house or was taken sick therein, to the mayor, or some officer or member of the board of health ; every physician in the cit)^ shall report under his hand, to one of the officers above named, the name, residence and disea.se of every patient whom he shall have sick of any infectious or pestilential disease, within six hours after he shall have visited such patient. A violation of either of the provisions of this section, or any part of either of them, shall C'nv OF RocHKsrKK l.")l Old Charter be a misdemeanor, punishable l)y fine or im- prisonment, or both, the fine not to exceed one hundred dollars, nor the imprisonment six months. ( /,. 1880. Ch. 14). § 275. Disposition of fines collected — All fines imposed under the last five sections shall belong to the city, and when collected, shall be paid into the city treasury, and be devoted to the maintenance and support of the pest-house, or of any hospital that may here- after be established by the city. (/. 1880.C'//. 14). >5 27O. Power of common council as to vaults, drains, etc.; assessment — The common council shall ha\ e power to pass and enact such by-laws and ordinances as they shall from time to time deem necessary and proper for the filling; up. draining, cleansing, cleaning and regulating any grounds, yards, basins, slips or cellars within the said cit}-. that shall be sunken, damp, foul, incumbered with filth and rubbisii. or unwholesome, and for filling or altering and amending all sinks and privies within the city, and for directing the mode of constructing them in future; and to cause all such work as may be neces- sary for the purpose aforesaid, and for the preser\alion of the public health and cleanli- ness of the city, to be executed and done at the expense of the city corporation, on account of the persons, respectively, upon whom the same may be assessed; and for that p\npose to cause the e.vpenses thereof to be estimated, asses.sed and collected, and the lands charged therewith, to be .sold in case of non- payment, in the same manner as is provided by law with respect to other public improve- ments within said city; and in all cases where the said by-laws or ordinances siiall require anything to be done in respect to the property of se\eral persons, the expenses thereof may be included in one assessment and the several houses and lots, in respect to which such 15"i Chaktkk Law ok iiik Old Charter expense shall have been incurred, shall be brieriy described in the manner required by law in the assessment roll for the general expenses of the city, and the sum of money assessed to each owner or occupant of any such house or lot, shall be the amount of money expended in making such improvement upon such premises, together with a ratable proportion of the expenses of assessing and col- lecting the moneys expended in making such improvements. (Z. 1880, Ch. 14). ^ 277. Same as to removal of dan= gerous buildings, fences, etc. — Whenever in the opinion of the common council any building, fence or other erection of any kind, or any part thereof, is liable to fall down, and persons or property may thereby be endan- gered, they may order any owner or occupant of the premises on which such building, fence or other erection stands, to take down the same or any part thereof, within a reasonable time, to be fixed by the order, or immediately, as the case may require ; or may immediately, in case the order is not complied with, cause the same to be taken down, at the expense of the city, on account of the owner of the prem- ises, and assess the expense on the land on which it stood. The order, if not immediate in its terms, may be served on the occupant of the premises, or be published in the city paper, as the common council shall direct. {L. 1880, Ch. 14). >; 278. Same as to preservation of Genesee river, canals, etc. ; navigation thereon ; penalties — The common council shall have power to pass all such ordinances as they shall think proper and necessary, to preserve the Genesee river, and all canals, slips and basins in the city ; to prevent and punish the casting or depositing therein, or on the banks thereof, any earth, ashes or other heavv substances, tilth, logs or floating mat- CiTv OK Rochester 158 Old Charter ter; to prevent and remove all obstructions and accumulations of filth or rubbish therein, and to punish the authors thereof; regulate and prescril)e the mode and speed of coming to and departing from the wharves and streets of the city, by steamboats, canal boats, and other crafts and vessels, and the disposition of the sails, yards, anchors and appurtenances thereof, while entering, leaving or abiding in the said city ; and to regulate and prescribe by such ordinance, or through their officers, such a location of every canal boat, steamboat or other craft or vessel, or Hoat, and such changes of station in and use of the same, as may be proper, in order to promote order therein, and the safety and equal con\jenience, as near as may be, of all such boats, vessels, crafts and floats, and may impose penalties, not exceeding one hundred dollars, for any offense against any such ordinance, and may by such ordinance, charge any such penalty upon the steamboat, canal boat, or other ves- sel, craft or Hoat. the captain, master, owner, consignee or person in charge of which is thereby liable therefor. Nothing in this sec- tion contained shall be construed to authorize the common council, or any of its officers, to interfere with any of the laws of this state, now or hereafter to be enacted, or with the acts and regulations of the canal board, in relation to the Krie canal, or any other canal being the property of the state of Now ^'ork. ( /.. 1880. C/i. 14). Encroachments forbidden in Genesee river — L. 1865, Cli. ()3(>. § 7. I'liblislucl in full this hook. post. See hidex. See City orn. 5 Lansing },- . § 279. Attachment for such penalties — At. or at any time after, the conuiieneement of any suit for a penalty imposed, in pursuance of the last section, against any person liable therefor, on the production of a certified cop)- of the ordinance nnposing the penalty, and an atTuhn it showiiiir the connection between the 154 Ch\kii:k Law ok 'I'HK Old Charter person sued and any steamboat, canal boat, vessel, craft or Hoat, the justice before whom. or any judge of the court in which suit is brought, shall issue or order the issuing of an attachment against such boat, vessel, craft or Hoat, commanding the sheriff or any one of the constables of the county to attach and safely keep the same until discharged in due course of law. The fees allowed by law for serving an attachment against a non-resident debtor, and all the reasonable expenses in- curred in keeping the property attached, shall be allowed to the attaching officer, and be taxed by such justice or the proper olificer and added to and included in the final costs, if the city recover judgment. The attachment shall be discharged on the deliver)- to such justice or judge of a bond executed to the city by any claimant of the property, in a penalty, and two sureties to be approved by such justice or judge, conditioned for the payment of any judgment recovered against the defendant in the suit, in thirty days after the recovery thereof. If such property be not so dis- charged, execution upon any judgment ob- tained by the city in the suit shall be issued immediately, and shall be levied on such property, and the same shall be sold there- under in the manner prescribed by law, in the same manner, and with the same effect as though it were the sole and unincumbered property of the defendant. (/. iSSo. Ch. 14V {5 280. Provisions of state act appli= cable to the board of health- The provi- sions of the act entitled "An act for the pre- servation of public health."' passed April tenth, one thousand eight hundred and fift\% and the acts amendatory, thereof not in confiict with this charter, shall be applicable to the board of health of the citv of Rochester. (Z. 1880, Ch. .4). See White Charter, § :;;;i. City ok Rochester 155 White Charter § 232. Commissioner of public safety shall appoint fire marshal — Whenever the board of estimate and apportionnieni in any city shall so determine, instead of continuing under existing con- ditions, the commissioner of public safety shall appoint a hre marshal, and such other subordinates as may be prescribed by the board of estimate and apportionment, to hold office during his pleasure. The fire marshal and his subordinates employed in any city at the time such a change is determined upon by the board of estimate and appor- tionment, may be re-employed and transferred to the new department without ci\il service examination. [ Addcii by L. 1902. C/i. 402). NuiE — Under the (Jld Charter the fire marshal of Rochester was appointed by the common council — L. iSSo. Ch. 14. § S, as amended L. iSSS, Ch. 86. § 233. Powers of commissioner and fire marshal over buildings — Upon such determination by the board of estimate and apportionment, the commissioner of public safet)' shall possess the following powers, and perform the following duties, any or all of which may be delegated to the fire marshal or his sul)ordinates, or to any oflftcer or member of the police or fire department : to enter into and examine all dwellings, houses, buildings, tenements, and factories of every description, and all lots, yards and enclosures; to see that the laws of the state and ordinances of the common council thereto, are complied with, and to pre\ent the construction and erection of structures and buildings which do not conform to law. (AdiieJ b\ L. 1902. 67/. 402). NoTK — Powers of commissioner of public safety of Rochester under § 233, sn/^ni. dcleuaiiil ti. lii.' ni.u>h.i]. hv okI- r d.iii d liilv i>t. \',o\. NoTK — Powers and duties have been given the fire marshal as lol lows: .Shall enfnnt- jjiovisions ol tin- ( )l(l ("haitiM(§ jj;,. pa.L;i- ()o iliis Iniok). relating to the i)roteclion of j^ersons anil ])ropcrly from fires (resolution of com mon council, .April iith, iS<;i)) ; shall be the custodian of election |)roperty and have charge of storing and setting u]) ballot machines (".Vn ordinance regulating storage, care, etc., of election booths and all property used at primary antl general elections." passed .\pril loih. 1900); shall enforce the ordinance lelating to morgues (order of Mayor Carnahan. December 4th, i<)00, untier § 24, White Charti-r, ordinanct- passed March 2(;th, iScjS); shall enforce ordinance relating to the storage of combustibles (pa.ssed ?"ebuary 26th. 1901); shall enforce ordinance relating to the storage and sale of explosives (pa.ssed May iith, 1S97; amended May 2 1st. 1901) ; shall enforce ordinance relating to buildings (pa.ssed May 1 ith. 1S97; amended vSeptember 30th. 1S9S. June 5th and June i>)th. 1900). 156 Charter Law of thk Old Charter § 229. Powers and duties of fire marshal — The fire marshal shall have such powers and perform such duties as the com- mon council shall, from time to time direct, and with such salaiy as the common council shall determine. He shall examine plans and specifications for all new buildings and for all alterations and additions to existing buildings owned or to be built by the city, through any of its departments, for the purpose of deter- mining the fitness of said buildings for the pur- poses for which they are intended or are likely to be used ; to make sure that the foundations are adequate, the walls of proper strength, the arrangement such as to secure ample natural light, good ventilation, and other sanitary con- ditions, particularly in school houses and fire department buildings, and means of egress, easy and commodious. He shall have author- it}^ to procure with the approval of the common council such expert counsel and advice as he may deem necessary, and any reasonable ex- pense therefor, after being duly audited and approved by the common council shall be paid from the contingent fund. A copy of the plans and specifications for all new buildings, alter- ations and additions referred to, approved by the fire marshal must be filed with the city clerk and be certified by him to the depart- ment of officials having jurisdiction, before it shall be lawful to let contracts, commence work or incur any expense therefor. (As amended L. 1897, Ch. 784). City of Rochester 157 White Charter ARTICLE VII DEPARTMENT OF PUBLIC INSTRUCTION Note — The White Charter as first enacted declared, "that, the de- partment of public instruction shall continue as provided by law" (L. 1898, Ch. iS:;, § 240). The original act did contain certain provisions as to the said department (§§ 241-252, inclusive), but these sections were afterwards repealed (L. 1899, Ch. 581). Subsequently the above mentioned § 240 of the White Charter was amended, and sections 241-247, inclusive, were added (L. 1902, Ch. 560), creating a uniform department of public instruction for cities of the second class but expressly excepting Syracuse and Rochester. This exception makes the provisions applicable only to the cities of Albany and Troy. Said sections 240-247, as they now exist, are as follows : § 240. Board of education — There shall be a board of education, composed of three members, to be called commissioners of education, who shall be appointed as hereinafter provided, which board shall be the head of the department of public instruction. They must have been electors of the city for a period of at least five years immediately preceding the date of appointment. Within ten days after the passage of this act, the mayor shall appoint one com- missioner to serve until February first, nineteen hundred and four, one to serve until February first, nineteen hundred and six, and one to serve until February first, nineteen hundred and eight ; and there- after, at the expiration of the term of any commissioner, the mayor shall appoint his successor for the term of six years, which shall be the term of office of every commissioner so appointed. In the case of a vacancy in the office of commissioner, the mayor shall fill the vacancy by the appointment of a commissioner for the remainder of the term. The commissioners shall serve without pay. {As amended L. 1902, C/i. 560). 15s (iiARiKK Law ok ihk Wliiti- <'liaitt-i ^ 241. President, superintendent and teachers — I lie bi)arcl shall appoint one of ils members president, who shall exercise all the powers usually incident to such office. It shall also appoint a suitable person other than a member thereof, superintendent of schools in the city, who shall exercise the powers and dischar<;e the duties hereinafter delined, and shall be allowed such compensation for his services as the board of estimate and apportionment may at any time determine. It shall also appoint from time to time such other employees including teachers and attendance officers as the school system may require : the amount of their com]3ensation shall be fixed 1)\- the board of estimate and apportionment. It has the care, custody and safe keeping of all school property, real and per- sonal ; and shall make rules and regulations for the government of the schools and its employees except as hereinafter provided : jDre- scribe courses of study and text-books : supply the recjuisite text- books and stationery for the use of indigent pupils : provide the several schools with the necessary school apparatus, maps and music books, the expense thereof to be defrayed out of the school moneys of the citv. No member of the board shall be eligible to appoint- ment or ein]3lo\inenl In" the board. [ .Idiirilhy I.. 1902. C/i. 560). ?; 242. Powers of board — The lx)ard has all the powers and is charged with all the duties of commissioners of common schools, and of trustees of the several school di.stricts in this state, under the general statutes relating to common schools, so far as such powers and duties can be made applicable to the schools herein jMovided for, and are not inconsistent with the provisions of this act. (Ai/Jtuf l>y /.. 1902. C/i. 5<')o). ^ 243. Charges against superintendent — The superin- tendent of schools shall hold office during the pleasure of the board. Any person may prefer charges of incompetency, malad- ministration or misconduct in office against the superintendent, and Cirv OK Roches lEK 159 White Cliarter thereupon the board shall ]jroceccl to hear the charyes. and in case the same shall be sustained by the affirmati\e voles of a majority thereof, the superintendent shall be dismissed from hi^ office. {.Adtlcd by /.. 1902, C/i. 5601. >? 244. Powers and duties of superintendent — The super- intendent has power, and it is his duty to see that all rules and regulations of the board are complied. with by the principals and teachers: to determine the different grades of stud\- which shall be pursued in the various departments of the several schools ; to tran.s- fer teachers from one school to another, or from one grade to another: to suspend any teacher temporarily for cause, provided, however, that the reasons for such suspension shall be immediately transmitted to the board in writing: to transfer pupils from one school to another: to prescribe rules and regulations for the admis sion, examination and promotion of pupils: and he shall ha\e the charge of the school libraries. ^Addcd by L. 190J, Ch. 560). >? 245. Appointment of teachers ^AU assistant teachers shall be appointed for a probationary period of one year, at the expiration of which term, unless satisfactory evidence of incompetency is submitted by the superintendent, the probationer may be elected by the board. Tiiereafter such teacher shall hold the ])osition during good behavior and shall be removable only for cause, after a hearing, by the affirmative votes of a majority of the board. All probationaiy appointments shall be made from the head of a merit list, upon which the names of all eligible candidates for appointment' as assistant teachers shall appear in the order of their rank in scholarship and qualirtcalions for teaching: and it shall be the duty of the board to prescribe by rules not inconsistent with the laws of the state the means of determining such rank in scholarship and qualifications. All principals shall hold their positions during good behavior, and 160 (]h.\kikk Law ok ihk White Charter shall be removable only for cause, after a hearing, by the affirmative votes of at least a majority of the board. {Added by I.. 1902, Ch. 560). § 246. Repairs of school buildings — Whenever in the opinion of the board any repairs are needed to the public school buildings in the city, it shall call upon the city engineer to make such repairs. It shall recommend to the common council, when in its opinion the public interests require the sale of any school-house, the purchase or lease of any land or building for a school-house, and when authorized thereto by an ordinance of the common council, the board of contract and supply may make such sale, purchase or lease in the manner in this act provided ; and it may recommend to the common council the erection of any school building ; and when authorized thereto by an ordinance of the common council, the board of contract and supply may erect such buildings in the manner and upon the conditions prescribed in this act. {Added by /.. 1902, C/i. 560). § 247. School moneys — All jKiblic money apportioned or appropriated to or for the city, or to or for any of the school districts therein, or for the school libraries, shall be paid by the proper officers to the treasurer, and in the accounts kept by him shall be credited to the department of public instruction and jjaid out by him upon bills properly allowed and audited in the same manner as obtains in the case of other bills against the city. {Added by d. 1902, C/i. 560). Provisions not to apply to Rochester or Syracuse — All acts or parts of acts inconsistent with the provisions of this act are hereby repealed, but such repeal shall not afifect any right already existing or accrued, or any liability incurred prior to the passage of this act ; nor shall anything in this act be construed to affect or repeal the existing law with reference to union free school, district number one of the City of Rochester 161 White Charter former town of Lansingburgh, but the provisions of this act shall not apply to the cities of Rochester and Syracuse. (Z. 1902, Ch. 560, § 3). Note — The Statutory Revision Commission of the State of New York (1890-1900) proposed as Chapter XXIII of their scheme of General Laws, " The Education Law," which was to include the University Law (L. 1892, Ch. 378, as amended), the Consolidated School Law (L. 1894, Ch. 556, as amended) and other existing laws on the subject of education. The said " Education Law " was never adopted. Provisions as to the Regents of the University of the State of New York are to be found in the University Law above noted. The titles covered by the Consolidated School Law, as it exists, are as follows : Title I. State Superintendent of Public Instruction. II. State School Moneys and their Apportionment. III. Supervisors. IV. Town Clerks. V. School Commissioners. VI. School Districts. VII. School Meetings. VIII. Union Free Schools. IX. School House Sites. X. Teachers' Institutes. XL Teachers' Training Classes. XII. State Scholarships in Cornell University. XIII. Common School and Public Libraries. XIV. Appeals to Superintendent of Public Instruction. XV. Miscellaneous Provisions — Including Forfeiture of School Moneys, Changes in Text Books, Contracts with Teachers, Drawing. Music, Industrial Training, Kindergarten. Arbor Day, Schools for Orphans, Indians and Colored Children. XVI. Compulsory Education of Children. 10*2 Charier Law ok thk School Law SCHOOL LAW OF ROCHESTER The department of public instruction in Rochester is conducted by a corporate body entitled " The Board of Education of the City of Rochester," which is composed of five commissioners of schools, elected at large by the electors of the city. The school law of Roch- ester is the so-called " Dow Law" (L. 1898. Ch. 660 ; amended L. 1899. Ch. 139 ; L. 1900, Ch's. 309 and 535 ; L. 1901. Ch's. 106 and 727). which is an amendment of sections 1 23-141. inclusive, of the "Old Charter" of Rochester (L. 1880. Ch. 14). The said Rochester School Law. includini; the amendments of 1903, is as follows: Old Charter § 123. Board of education — The com- missioners of common schools, in said city, shall constitute a board, to be styled " The Board of Education of the City of Rochester," which shall be a corporate body in relation to all the powers and duties conferred upon it by virtue of this act. The said board shall meet on the first Monday of each and ever)' month and at such other times as it shall from time to time appoint. Special meetings shall be called by the secretary upon order of the president or upon request of a majority of the said board. A majority of said board shall constitute a quo- rum for the transaction of business. In the absence of a quorum, a minority of said board may adjourn a meeting from day to day. Said board shall, at the first regular meeting in Jan- uary of each year, elect one of its members president, who shall, when present, preside at all its meetings. In the absence of the presi- dent, the said board shall elect some other City of Rochestkr 163 Old Charter member to preside at such meetings and to per- form the duties of the president during such absence. On and after the first day of Janu- ary, nineteen hundred, the board of education of the city of Rochester, shall be composed of five commissioners of schools to be elected by the electors of the city at large ; and at the city election to be held in eighteen hundred and ninety-nine, there shall be elected by the elec- tors of the city at large, five commissioners of schools, three of whom shall be elected for a term of two years each, and the other two of whom shall be elected for the terms of four years each. Their terms of office shall com- mence on January first, nineteen hundred. At the biennial cit}' election to be held in the city of Rochester next preceding the expiration of the terms of any of said commissioners of schools, their successors shall be elected for terms of four years each. In case a vacancy shall occur in the office of a member of the board of education, for any cause, the mayor of said city shall fill such vacancy by the ap- pointment of a suitable person ; and the person so appointed shall hold office by virtue of such appointment until and including the thirty-first day of December following the next succeeding biennial city election, at which election a com- missioner of schools for the unexpired term shall be elected by the city at large. Said commissioners shall receive an annual compen- sation of twelve hundred dollars each, to be paid monthly from the contingent fund of said board of education, as other salaries of school officers are paid. (As a tn en Jed I.. 1901. C/i. 727). The Dow law accomplished a complete re- vision and established a practical coditication of llie public sch«n)l system oi Koci cstt-r — I'eople e.\ rel. Noyes vs. Board of Fldm ation. 55 .App. Hiv. 20";. (Nov. i<)00). i^ 124. Removal of members of board by mayor — Any member of the said board of education may be removed by the mayor of tlie said city upon proof, either of official miscon- 164 Charter Law ok the Old Charter duct in office, or of negligence of official duties, or of conduct in any manner connected with his official duties, which tends to discredit his office or the school system, or for mental or physical inability to perform his duties as a member of said board ; but before such removal of said member he shall receive due and timely notice in writing of the charges against him, and a copy thereof, and shall be entitled to a hear- ing, on like notice, before the mayor, and to the assistance of counsel on said hearing. (Z. 1898, Ch. 660). § 125. Commissioners' districts — The said board shall, for the more effective over- sight and control of the public schools of said city, and for the purposes prescribed in this act, at the first meeting of the said board after this act takes effect, and the first meeting of the said board in each fiscal year thereafter, divide all the schools of the city into as many commis- sioners' districts as there shall be members of the said board, and shall assign one such dis- trict to each commissioner, who shall have spe- cial supervision thereof. {Repealed by L. 1900, Ch. 535 ; same 7-epeal L. 1901, Ch. 106). § 126. General duties of board of edu= cation — The said board of education shall manage, control, maintain and provide for the public schools of said city, and the public school system thereof, and shall manage and control the property, real and personal, which shall belong to the said city and be used for the purposes of education, subject only to the gen- eral statutes of the state relating to public schools and public school instruction and to the provisions of this act. (Z. 1898, Ch. 660). See note under § 2 1 White Charter, thi? book, page 33- ^ 127. Specific duties of board of education — The said board shall have power : I . Establishment of schools and classes — To establish kindergartens, common schools, one or more high schools, manual training City of Rochester 165 Old Charter schools or classes, evening classes or schools for special studies, training school or classes for teachers, and truant schools, and shall have power to discontinue or consolidate schools. Any training school or high school, heretofore established and maintained by the public school authorities and registered as high schools by the regents of the state of New York, shall be maintained in full efficiency. The said high schools shall be so organized as to furnish the benefit of further education to pupils of both sexes who shall have finished the grammar school course, and to other residents of school age equally prepared, and the said board shall have power to make, from time to time, for the said high schools, all needful rules and regula- tions, and to prescribe conditions on which pupils shall be received and instructed therein and discharged therefrom. (Z. 1898. 67/. 660). 2. Changixo grades and courses of STUDY — To change the grades of all schools, or of any school, and of all classes of any high school or other schools under its charge, and to adopt and modify courses of study therefor. (As amended L. igoo, Ch. 535; same amend- ment L. 1 90 1, C7i. 106). 3. Fixing qualification of teachers — To fix a standard of qualification as a neces- sary requirement for the service of all princi- pals and teachers in the high schools and other schools of the city ; which requirement may be higher, but not lower, than the minimum qual- ifications required by the general laws of the state and the pro\isi()ns of this act. (/. 1898. C/i. 660). 4. Purchasing school pkoi'krtv and supi'LiEs — As herein provided, to purchase, lease or improve sites for school houses ; to build, purchase, lease, enlarge, improve, alter and repair school houses and their appurte- nances ; to purchase, improve, exchange and repair school apparatus, books, furniture and appendages ; to procure fuel and defray the IGG Charter Law oi ihk Old Charter contingent expenses of the schools under its control ; to pay the wages of all officers, prin- cipals, teachers and employees in the said de- partment of education, as herein provided. (Z. 1898, Ch. 660). 5. Appointment of okficers — To ap- point as herein provided : a. A secretary of the board of education, who shall serve during the pleasure of the board. (Z. 1898, Ch. 660). b. A superintendent of public schools, whose term of office shall be four years. {L. 1898, Ch. 660). c. A librarian, whose term of office shall be two years. (Z. 1898, Ch. 660). d. A supervising architect of experience and good standing in his profession, who shall serve during the pleasure of the board. (Z. 1898, Ch. 660). e. All school principals and teachers. (Z. 1898, Ch. 660). See note under § 2 on page 183 this book. f. All janitors and truant officers, subject however, to the restrictions imposed by the general laws of the state. (Z. 1898, Ch. 660). g. A policeman, who shall hold his office during the pleasure of said board, and whose salaiy shall be fixed and paid by the board of education from the funds raised for its use, and who shall have the same powers as the other policemen of said city, and shall perform such duties as said board of education mav impose. (Z. 1898, Ch. 660). h. Such other officers, clerks, subordi- nates and employees as it may deem neces- sary for the proper discharge of its administra- tive duties. (Z. 1898, Ch. 660). 6. FiLi.ixc VACANCIES — To fill any vacan- cies which may occur in any of the offices or positions in this section provided for. (Z. 1898, Ch. 660). City of Rochester 167 Old Charter 7. Non-resident pupils — To allow the children of persons not resident within the city, to attend any of the schools of said city, under the care and control of said board, upon such terms as said board shall by resolution prescribe, fixing the tuition which shall be paid therefor. (Z. i8g8, Ch. 660). 8. Adoption of ordinances — Subject to the provisions of law and of this act. to enact rules and regulations for the proper execution of all duties devolved upon said board ; its members and committees ; for the transaction of all business pertaining to the same ; for defining the duties of all its officers, clerks, superintendent, principals, teach- ers, examiners, subordinates and employees ; for regulating the manner of making disburse- ments from any of the funds appropriated for school purposes ; for the proper execution of all powers vested in it by law and for the pro- motion of the welfare and best interests of the public schools and public school system of the city in the matters committed to its care. (Z. 1898, Ch. 660). § 128. Regulating salaries — The said board of education shall fix and regulate, within the proper appropriation of money therefor, the salaries and compensation of each of the persons appointed by it to any office, place or position, pursuant to the pow- ers granted by the preceding section. (Z. 1898, Ch. 660). § 129. Annual report of state super- intendent — The said board of education shall, between the first day of August and the thirtieth day of September, in each year, make and transmit to the state superintendent of pub- lic instruction, a report in writing for the state school year ending on the next preceding thirty- first day of July, which report shall be in such form and shall state such facts as the state superintendent and the school laws of the state shall require. (/. 189S. Ch. 660). 168 Charter Law ok thk Old Charter § 129a. Monthly report in newspa= pers — It shall be the duty of said board to publish, as hereinafter provided, in one of the daily papers of said city, a report of the final proceedings of said board for the preceding month. (Z. 1898, Ch. 660). § 130. Annual report to common coun= cil — It shall be the duty of said board to pre- pare and transmit, within ten days preceding the close of the fiscal year, to the common council, correct statements of the receipts and disbursements of money under and in pursu- ance of provisions of this act during said fiscal year, in which account shall be stated, under appropriate heads : I. The moneys raised by the common council under the provisions of this act. (Z. 1898, Ch. 660). 2. The school moneys received by the city treasurer from the county treasurer or the state. (Z. 1898, Ch. 660). 3. All other moneys received by the cit}-' treasurer, subject to the order of the board specifying the same, and the sources thereof. (Z. 1898. Ch. 660). 4. The manner in which such sums of money shall have been expended, specifying the amount paid under each head of expendi- ture, and whether any part of any such fund remains unexpended. (Z. 1898, Ch. 660). 5. Whether any and what claims or bills against the department, or obligations, in- curred by said department remain unpaid. (Z. 1898. Ch. 660). 6. The said board shall also at the same time certify to the common council the total number of persons registered as pupils in the public schools of the said city during the current fiscal year. (Z. 1898, Ch. 660). City of Rochester 169 Old Charter § 131. Annual estimates to common council — It shall he ihc duty of said board of education to certify on or before the first day- of March of each year, to the common council, an estimate of the amount of money required to maintain the department of education for the current year, specifying in detail the objects thereof, under appropriate heads : I. For salaries of teachers; 2. For buildings, including purchase of sites ; 3. For repairs; 4. For library: 5. For contin- gent expenses. (Z. 1898, Ch. 660). § 132. Annual appropriation of school moneys — The common council shall have power and it shall be its duty, if the said estimate, certified by the board of education, as herein provided, shall not exceed in amount a sum equal to twenty-five dollars per capita, based on the total number of persons enrolled as pupils in the public schools in said city, for the year ending on the thirty-first day of December, next preceding the levying of the general city taxes in each year, to appropriate and raise by tax to be levied equally upon the real and personal estate in said city, which shall be liable to taxation for the ordinary city taxes or for the cit)- and county charges, such sum or sums of money, so certified to be necessary for the maintenance of the department of education and to defray the expenses of the said department ; but if the total amount of said estimate shall exceed in amount a sum equal to twent}'-five dollars per capita, based upon the total number of persons so enrolled as pupils as aforesaid, then the common council may in its discretion, appro- priate and raise by tax, as herein provided, any sum not greater than the estimate so cer- tified and not less than twenty-five dollars per capita, based on said total number of persons so enrolled as pupils as aforesaid, provided nevertheless, that the tax to be levied as afore- said and collected b\- virtue of this act shall be 170 Cjiakikr Law ok the Old Charter collected at the same time and in the same manner as other city taxes, and the common council of said city are authorized and directed, when necessary, to raise by loan in anticipa- tion of the taxes, the amount to be raised, collected and levied as aforesaid or any part thereof. (Z. 1898, Ch. 660). § 133. Certificate of amount to be appropriated — It shall be the duty of the common council within fifteen days after receiving the certificate of the board of edu- cation hereinbefore required, of the sum neces- sary' or proper to be raised for school pur- poses, to determine and certify to said board of education the amount that will be raised by them for the year commencing on the first day of the preceding January for the purposes mentioned in said certificate. 'J'he amount raised for school purposes shall constitute five separate and distinct funds namely : Teach- ers' fund, contingent fund, building fund, repair fund and library fund, and in case the said common council shall neglect or fail to certifv to the board of education, as above specified, the amount that will be raised by them within thirty days, then the said common council shall raise the several amounts em- braced in the certificate of the board of education, as specified therein, which amount shall be subject to the disposal of the board of education. (/. 1898, Ch. 660). $ 134. Apportionment of appropria- tions--lf the sum appropriated for the depart- ment of education, as provided in section one hundred and thirty-three, shall be less than the total amount certified by the said board in said estimate, it shall be the duty of said board, within fifteen days after receiving the certificate of the common council of the sum appropriated by said common council for the department of education, to apportion the said sum to the teachers' fund, the building fund. City of Rochester 171 Old Charter the repair fund, the Hbrary fund and the con- tingent fund, and to certify such apportionment to the common council ; the said apportion- ment so certified shall constitute the teachers' fund, building fund, repair fund, library fund and contingent fund for the then current year, provided however, that in such apportionment to such funds, the amount apportioned to any fund shall not exceed the amount originally certified as necessary to be raised for such fund. (Z. 1898. Ch. 660). § 135. Appropriations not to be ex= ceeded — It shall be the duty of said board, in all their expenditures and contracts, to have reference to the amount of moneys which shall be subject to their order during the then cur- rent year for the particular expenditure in question, and not to exceed that amount : and they shall apply the moneys raised and re- ceived by them for the support of the common schools in said city, in such a manner as shall secure as nearly as may be an equal period of in- struction to all the children over five and under twenty-one years of age. (Z. 1898. Ch. 660). § 136. Deficiencies may be met — If before the expiration of the fiscal year, it shall appear that any sum or sums raised by the common council for the board of educa- tion will be inadequate to maintain the depart- ment of education to the expiration of such fi.scal year, the common council shall have power and may, upon application of the board of educa- tion, borrow on the credit of said citv such sum as it may deem necessary to maintain said department of education until the end of such fiscal year, and shall apportion such moneys to the several funds maintained for the benefit of such department. (/,. 1898. Ch. 660V >J 137. School moneys in custody of city treasurer — All moneys to be raised pur- suant to the provisions of this act and all school moneys by law appropriated to or pro- 172 Chaktkr Law ok the Old Charier vided for said city, shall be paid to the city treasurer thereof, who, together with the sure- ties upon his official bond, shall be account- able therefor in the same manner as for other moneys of said city. The said city treasurer shall be liable to the same penalties for any official misconduct in relation to said moneys, as for any similar misconduct in relation to other moneys of said city. (Z. 1898, Ch. 660). § 138. Construction and enlargement of school buildings — Whenever the board of education siiall determine to build or enlarge a school building, it shall cause plans and spec- ifications to be prepared therefor, and shall submit the same to the board of health for approval as to sanitary provision. The board of health shall thereupon and within ten days thereafter certify in writing to the board of education its approval or disapproval of such plans and specifications, and upon the failure of the board of health to so certify, then such plans and specifications shall be deemed to be approved by the board of health. {As amend- ed L. 1900, Ch. 535 ; same amc/idme/if L. 190 1, Ch. 106). § 139. Contracts for work and sup= plies — \Vhenever such board of education shall build, enlarge, repair, furnish or supply any school building or buildings, or publish reports of its proceedings, at an estimated expense of not less than fifty or more than two hundred and fifty dollars, it shall be the duty of the officials having jurisdiction, to procure estimates of such work or supplies from two or more competitors, wherever practicable, and report such estimates to the board for its con- sideration and action. \Mienever such board shall build, enlarge, repair, furnish or supply any school building or buildings, or make any improvements or repairs or purchase any sup- plies, or publish reports of its proceedings, the cost of which will exceed two hundred and fifty dollars, the board shall proceed as follows : City of Rochester 173 Old Charter a. Said board shall advertise for bids for the period of two weeks, at least twice in each week, in two newspapers published in the city of Rochester, and which resolution providing for the same shall be entered in full by the clerk on the record of proceedings of said board. (Z. 1898. Ch. 660). b. The bids, duly sealed up, shall be filed with the clerk by twelve o'clock, noon, of the last day, as stated in the advertisement. (Z. 1898, Ch. 660). c. The bids shall be opened at the next meeting of the board and publicly read by the clerk. (Z. 1898, Ch. 660). d. Each bid shall contain the name of every person, firm or corporation interested in the same, and shall be accompanied by a suf- ficient guarantee of some disinterested person, that if the bid is accepted, a contract will be entered into and the performance of it prop- erly secured by bonds duly approved. (^As amended L. 1900, Ch. 535 ; same amoidDioit L. 1 90 1, Ch. 106). e. If the work bid for embraces both labor and materials, each must be separately stated, with price thereof. (^Repealed by Z. 1900, Ch. 535 ; same repeal L. 190 1, Ch. 106). f. The board may, in its discretion, accept any bid for both labor and material which shall be most advantageous to the city, or it may reject any or all bids, as the interest of the city may require. (Z. 1898, Ch. 660). § 140. Members of board not to hold city office nor be interested in contracts — No member of said board of education shall, during the period he holds said office, be appointed to, or be competent to hold any office of which the emoluments are paid from the city treasury, or paid by any fees directed to be paid by any act or ordinance of the 174 Charter Law of thk Old Charter board of education, or be directly or indirectly interested in any contract as principal, surety or otherwise, or the furnishing of any mate- rials or supplies for the city of Rochester, directly or by another person, the expenses or consideration whereof are to be paid under any ordinance, resolution or order of the board of education. No member of said board shall vote for the payment of any such bill for ma- terials or supplies after notice that any mem- ber of said board is interested therein or in the payment thereof. Any violation of this section shall be deemed a misdemeanor and punishable as such. (Z. 1898, Ch. 660). City officers not to be interested in con = tracts — White Charter, § 455. this l)ook, /cj/. § 140a. Custody of school libraries — The said board of commissioners shall be trustees of the school library or libraries in said city, and all the provisions of the law which are now or hereafter may be passed relative to the district school libraries, shall apply to the said commissioners. They shall also be vested with the same discretion as to the disposition of all moneys appropriated by any law of this state for the purchase of libra- ries which is therein conferred upon the in- habitants of school district.s. It shall be their duty to provide for the safe keeping of the library or libraries. (Z. 1898, Ch. 660). $5 140b. Duties of secretary and min- utes of board — The secretary of the said board shall have charge of the rooms, books, papers and documents of the board, except such as pertain to the oflFice and duties of the superintendent. He shall perform such duties as may be required of him by the board, its committees or members. He shall have right to administer oaths and take acknowledgments, but without fee. He shall be clerk of the board, and shall keep, or cause to be kept, a record of the proceedings thereof. He shall City of Rochester 175 Old Charter also keep or cause to be kept a set of records showing the receipts and expenditures sepa- rately through each of the different funds of the school board. Said expenditures through each and every fund shall be subdivided so as to show the cost of maintaining each school separately and the supplies used therein. He shall also keep or cause to be kept a series of receipts to be signed by either the principals or janitors certifying to all repairs and im- provements made and all supplies received for their respective school buildings and premises. The printed record of said board, or a tran- script thereof, certified by the president or clerk, shall be received in all courts as prima facie evidence of the facts therein set forth, and such records, and all the books, accounts, vouchers and papers of said board shall at all times be subject to the inspection of the com- mon council and of any committee thereof. He shall also collect and pay into the city treasur)' monthlv all tuition fees. (Z. 1898, Ch. 660). § 140c. Qualifications of superintend- ent — To be eligible to the position of super- intendent, an applicant must be a gradu- ate of a college or university recognized by the regents of the state of New York, together with at least ten years successful experience as a practical educator. (/. 1S98, Ch. 660). 5? i4od. Powers and duties of super- intendent — The superintendent has power and it is his duty to enforce the laws of the state applicable to the public schools of the city of Rochester, and all the rules and regu- lations of the said board of education, except as herein provided. He shall visit the schools of the city as often as he can consistentlv with his other duties, and incjuire into the ciiaracter of the instruction, management and discipline, and shall advise and encourage the pupils, teachers and officers thereof. He shall pre- scribe, subject to the rules of the board, and 176 Charter Law ok ihk Old Charter Duties of superintendent — Continued the provisions herein, suitable registers, blanks, forms and regulations for making of all reports and for conducting all necessary bus- iness connected with the school system and he shall cause the same, with such informa- tion and instructions as he shall deem con- ducive to the proper organization and govern- ment of the schools, to be transmitted to the persons entrusted with the execution of the same. He shall report to the said board, from time to time, as he may be required or as he may deem necessar}^, a statement of the condition of the schools, and all such matters relating to his office, and such plans and sug- gestions for the improvement of the schools and for the advancement of public instruction in the city of Rochester as he shall deem expe- dient. He may appoint and define the duties of such clerks as are authorized by the board. He shall have the recommendation of the number of teachers necessary for each of the several schools. He shall assign supply teach- ers to duty whenever occasion requires, and may transfer temporarily principals, teachers and pupils from one school to another. It shall be his duty to maintain proper discipline in the management and conduct of the schools, and he may, in his discretion, suspend or ex- pel any pupil guilt}' of misconduct or insubor- dination, and may suspend for cause any teacher, principal or employee. He shall im- mediately report such discipline to the board. It shall be his duty to report to the board inefficiency on the part of principals, teachers or employees. He shall nominate special teach- ers and supervisors. He shall enforce the compulsory education law and direct truant officers in the discharge of their duties. He shall maintain his office in such buildings as the board may direct, and he shall not be re- quired to perform any duty except such as relates to the educational work of the depart- ment. (Z. 1898, Ch. 660). City of Rochester Old Charter § i4oe. Powers of principals — A prin- cipal, under the general supervision of the superintendent, shall have the direction of the school over which he is placed, shall assign the teachers to their respective grades in the school, and direct them as to methods of in- struction and discipline. He may suspend any teacher for a definite time for ineificiency or insubordination. He shall report immediately such suspension, with reasons therefor, to the superintendent. (Z. 1898. Ch. 660). Position of principal not within classified civil service and veterans not protected — In re Sam- uel C. Pierce vs. Board of Education of Rochester, affirmed, App. Div., Nov. 24th. 1903. at this date not reported. § i4of. Powers of librarian — The libra- rian shall have, subject to the rules and regu- lations of the said board, the general direction of the librar)% the custody and care of the books ; shall supervise the letting out and the return thereof ; make all purchases of books ; have bound or cause to be repaired the dam- aged books belonging thereto ; appoint and remove, with the approval of the board, such assistants, clerks or employees as the board may authorize ; collect and account for fines and enforce penalties which may be incurred by violation of regulations relating to the library. (Z. 1898, Ch. 660). § i4og. Duties of supervising archi- tect — It shall be the duty of the supervising architect, subject to the rules and regulations of the said board, to inspect school buildings, prepare plans and specifications for new build- ings, annexes and repairs and to supervise the construction thereof. (Z. 1898, Ch. 660). § j4oh. Duties of board of examin- ers — A board of examiners is hereby consti- tuted, whose duty it shall be to examine all applicants for positions of principal or teacher in the public schools of Rochester, and to pre- pare an eligible list of such applicants as they may deem qualified, and as hereinafter C'liARTKR Law ok the Old Charier provided, classified as to position and graded according to scholarship, character and gen- "eral fitness. Such board of examiners shall consist of the superintendent together with two persons appointed by the said board of education, upon nomination of the superin- tendent. The term of service of the two per- sons so appointed shall be at the pleasure of the said board of education. 'J'hey shall be paid such compensation for services actually rendered as the said board of education shall prescribe. To be eligible to appointment as examiner, an applicant must be (a) a graduate of a college or university recognized by the regents of the state of New York, and a prac- tical educator, having had at least five years successful experience in teaching since such graduation; or (b) must have a state certifi- cate obtained as the result of an examination held since eighteen hundred and seventy-five together with at least ten years successful ex- perience in teaching, since obtaining such cer- tificate. No principal or teacher in the public schools of Rochester shall be allowed to serve on the said board of examiners. The said board of examiners shall hold such examina- tions as the superintendent may prescribe and prepare the said eligible list. The superin- tendent shall report the said list to the said board of education and shall subscribe the same into a book which shall be open to pub- lic inspection. Any name placed upon the eligible list shall be entitled to remain thereon without further examination for the period of two years, after which the name shall be dropped from said list and shall not be restored thereto except after a new examination. (As amended L. 1900, Ch. 535 ; same avieiidment L. 1 90 1, Ch. 106). $ i4oi. Qualifications of principals — The superintcntlcnt shall nominate principals for each school from the first ten names certi- fied by the said board of examiners, as quali- fied for principalship. But no person shall be City of Rochkstkk 179 Old Charter appointed to the position of principal of the free academy or high school or of a grammar school, or teacher in the free academy or high school who has not had two years successful experi- ence as a teacher and who does not possess one of the following qualifications : (a) Com- pletion of a four years' course in a college or high school recognized by the regents of the state of New York, (b) completion of a four years' course in a normal school recognized by the state department of public instruction, (c) holder of a life certificate of this state granted upon examination. The superintend- ent and the principal of a school, shall consti- tute a board for the nomination of teachers for such school from the first twenty-five names on said eligible list for teachers ; but no person shall be appointed as teacher in a grammar school or kindergarten who is not a graduate of a normal school after a course of study therein of at least two years, or has not pursued a course in pedagogy in a state training school or a cit}' training school for one year. Except that any graduate of the normal course of the Rochester Athenx'um and Mechanics' Insti- tute after a course of study therein of at least two years may be appointed in any of the schools of said city as teacher of manual train- ing, domestic science, domestic art or any of the special subjects comprised in said normal course of said institute. The said board of education shall consider such nominations and upon approval appoint the persons so nomi- nated. But any teacher in the emplov of the said department of education at the time of the passage of this act shall be exempt from the conditions as to qualifications or eligibility im- posed by this amendment and by said chapter six hundred and sixty of the laws of eighteen hundred and ninety-eight ; and ail such teach- ers, except supply teachers, shall be deemed to be upon the eligible list for appointment. (^Amended L. 1900, C/i. 309; last amended L. 1900, Ch. 5SS : same amendment L. 1901, Ch. 106). 180 Charter Law ok tiik Old Charter § 140J. Promotions and removals of principals — Any principal or teacher who may have been appointed to the same school for three successive years, may. upon the recom- mendation of the superintendent, be promoted by the said board of education to permanent service in said school during good behavior ; thereafter, they may be suspended or removed as herein provided, only for cause and after a hearing. Any principal or teacher, before such promotion, shall be eligible to reappointment without certification by the said board of exam- iners. (Z. 1898, Ch. 660). See note under § 2, p. 183, this book; also § 141c, p. 182 and § 140m, this page. § 140k. Temporary assignments — The said board of education shall from time to time designate the number of persons having the highest standing upon the said certified lists of qualified principals and teachers respectively, who shall be eligible for temporary appoint- ments as supply principals and teachers. From the number so designated the superintendent shall from time to time assign to duty at the several schools such principals or teachers for temporary service as he may deem the exigencies of such schools to require. (Z. 1898, Ch. 660). § 140I. Certain teachers exempt — Any officer, principal or teacher in the employ of the said department of education at the time of the passage of this act shall be exempt from the conditions as to qualifications or eligibility im- posed by this act. ( L. 1898, Ch. 660). § 140m. Suspension and removal of teachers — The said board of education may suspend any principal or teacher for a definite time, and may for cause remove any ofticer. principal, teacher or employee ; provided, how- ever, that no officer, principal or teacher shall be removed until opportunity for a hearing at a meeting of the board shall have been given. All suspensions by principals shall be subject to review by the superintendent. Suspensions City of Rochester 181 Old Charter by the superintendent shall be subject to re- view by the board. Any person suspended shall not be entitled to salary for time of sus- pension unless such suspension is revoked by superior authorit}-. (Z. 1898, Ch. 660). See note under § 2, p. 1S3, this book ; also § 141c, p. 182. § 141. Ordinances as to school prop= erty — vSaid board of education shall prepare and report to the common council such ordi- nances and regulations as may be necessary or proper for the protection, safe keeping and preservation of the school-houses, lots and sites and appurtenances, and all the property belong- ing to the city connected with or appertaining to the schools, and to suggest proper penal- ties for the violation of such ordinances and regulations. (/,. 1898, Ch. 660). 5? 141a. Common council may pass ordinances — The common council of the said city shall have the power to pass such ordi- nances and regulations as the said board of education may report as necessar)- or proper for the protection, safe-keeping, care and pres- ervation of the school-houses, lots, sites, appur- tenances and appendages, libraries and all nec- essary property belonging to or connected with the schools in said city, and to impose proper penalties for the violation thereof, subject to the restrictions and limitations contained in this charter ; and all such penalties shall be col- lected in the same manner that the penalties for the violation of cit}' ordinances are by law collected, and when collected shall be paid to the treasurer of the city and be subject to the order of the board of education, in the same manner as other moneys rai.sed piusuant to this charter. (Z. 1898. Ch. 660). § 141b. Common council may sell school property I'hc conunon council of said city may. upon the recommendation cf the board of education hereinafter mentioned, sell any of the school-houses, lots or sites, or an\ other 182 Chartkr Law oi- the Old Charter school property now or hereafter belonging to said city, upon such terms as the said common council may deem reasonable. The proceeds of such sale shall be paid to the treasurer of the city and shall be by the said common coun- cil again expended in the purchase, repairs or improvements of other school-houses, lots, sites or school furniture, apparatus or appurte- nances. (Z. 1898, Ch. 660). § 141C. Common council may investi= gate charges — The common council may investigate any and all charges, claims or pro- ceedings of or made against the said board of education, its officers and employees, or in any way relating to said public schools of said city, and have all the powers and authority which are conferred by law upon any committee or board which is authorized to send for per- sons and papers. (Z. 1898, Ch. 660). § i4id. Title to school property — The title to all property, real or personal, now held by the city of Rochester for school or educational purposes, or which may be hereafter acquired for such purposes, and the title to all property, real or personal, pur- chased for like purposes with any school moneys, whether derived from the issue of bonds or raised by taxation, shall i)e vested in the city of Rochester. The said city of Roch- ester shall have power to take and hold any property, real or personal, devised, bequeathed or otherwise transmitted to it for the purposes of education in said city. All actions affecting any such property shall, however, be brought by or against said board of education in its corporate capacit)'. (Z. 1898, Ch. 660). § i4ie. Public schools free — The pub- lic schools shall be free to all children between the ages of five and twenty-one years, residing in the city, and all evening schools shall be free to all persons over five years of age. (As amended L. 1900, Ch. 535 ,• same amendment L. 1 90 1, Ch. 106). City of Rochester 183 Old Charter j? i4if. Comptroller shall approve claims — No order shall be drawn for payment of any bills or claims against the said depart= ment until the same has been approved by the comptroller. (As amended L. 1900, Ch. 535 ; saine amendment L. 1901, Ch. 106). § 2. Repeals— All acts or parts of acts inconsistent herewith are hereby repealed except chapter thirty-eight of the laws of eighteen hundred and ninety-eight. (Z. 1898, Ch. 660). Note— Said Ch. 38, L. 1898, is an amendment to § 131, sub. 6, of the Old Charter relating to the powers and duties of the board of education, and reads as follows : § 131. The said board shall have power and it shall be their duty : " Subdivision 6. To contract with, to license and employ all teachers in said schools, and at their pleasure remove them ; and to extend at its pleasure any training class certificate issued during the years eighteen hundred and ninety-one to eighteen hundred and ninety-five inclusive, to any graduate of a teachers' training class maintained in 'said city who has had continuous and successful e.xperience in teaching in the public schools since graduation, and such certificate when so extended shall be a sufi^cient (|ualification to teach in schools of such citv only." § 3. When school law in effect This act shall take efifect on and after the first day of December, eighteen himdrcd and ninetv- eight. (Z. 1898, Ch. 660). § 285. " Teachers' class" in free acad= ®"iy— 'i'he board of education is hereby authorized to organize a •' teachers' class" in the free academy or high school of said city, which shall be entitled to an annual allowance from the "literature fund" of the .state of New York, on the conditions and rules of the regents of the luiiversit)-. adopted for the distribiition of said fund in other academies of the state in which such classes are instructed. (Z. 1880, Ch. 14. See also Z. 1 89 s , Ch. i o 3 1 , as amended Z. 1897, Ch. 495). Note— Various special laws relating to Rochester •schools (L. 1S85, Ch. 27; L. 1894, Ch'.s. 15 and 124; L. 1898, Ch. 570; L. 1899, Ch.366; L. i90i,Ch. 114), published m full this hooV, post. See Index. 184 CiiARiKR Law ok thk White Charter ARTICLE VIII DEPARTMENT OF ASSESSMENT AND TAXATION § 260. Assessors and assistants — There shall be four assessors. They shall be elected at the city election at the same time as the mayor, two for two years, and two for four years ; and thereaf- ter, at the expiration of the term of office of the two assessors chosen for that period, two successors shall be elected for the full term of four years. In case of a vacancy in the ofHce of assessor, the mayor shall fill the vacancy by appointment for the remainder of the term, 'i'hey shall appoint, to hold oflice during their pleasure, such assistants or subordinates as the board of e.stimate and apportionment shall pre- scribe. (/. 1898, Ch. 182). See note as to oath of otiice under § 61, \Vhile Charter, thi.s book, p. 70. Ji 261. Powers and duties of assessors — They shall possess all the powers conferred, be subject to all the obligations imposed, and perform all the duties appertaining to the office of assessor in the towns of the state or the office of assessor in any of the cities affected by this act, at the time when the same shall take effect. The assessment rolls shall be prepared in the same form and manner, they shall be completed at the same lime and all proceedings relating to the inspection, review and correction thereof and the assessment of the property therein described for the purpose of taxation, including the publication of notices to persons affected thereby, and all other acts necessary to be performed by said assessors in order to constitute a valid and legal tax upon such property, shall be conducted in City of Rochester 185 White Charter accordance with and governed by the laws of the state appertaining to the powers and duties of the assessors in said cities in force at the time when this act shall take eflfect. The taxes shall be extended upon the assessment rolls by the officers and in the manner prescribed by the law in force in any city at the time of the taking effect of this act. All warrants for the collection of taxes so assessed shall be delivered to the treasurer, who shall in the collection thereof give and publish the required notices, allow the deduction authorized for prompt payment, charge all interest or percentage directed to be paid on deferred payments, take such proceedings to enforce payment by sale of the property assessed or otherwise, and perform all duties required to be performed by him or an}' officer by any other name in connection with the collection of taxes and the sale of property for non-payment thereof and the redemption of property from sales as is provided for in and by any or either of said laws hereinbefore referred to, applicable to any city affected hereby. In any city in which the assessments for local improvements were made at the time of the taking effect of this act by some officer, board or body other than the board of assessors, the powers and duties so exercised by such officer, board or body shall devolve upon and be exercised and performed by said assessors and in the manner prescribed by the statutes relating thereto, except as otherwise provided herein, (^s amctuhui I.. 1900. Cli. 415). iJ 2()2. Sufficiency of assessments — In the assessment of any lands in tlic stale, it is sufficient to state the name of one of the owners of such lands, if the owner or owners be residents of the city, or if they be non-residents and the ownership is unknown to the assessors, then the assessment may be designated unknown, the num- ber of the lot and the block on which it is situated, if the same be subdivided into lots and blocks, or the number of the lot or farm lot if not so suhdi\ ided into blocks and lots, and designated upon the 186 CiiARTKR Law ok thk White Charter city map last adopted by the common council, and also the street and number of any building thereon : but if the land be vacant or the building thereon not numbered, then the name of the street on which it fronts and a brief description of the premises shall be given. In case no inhabiUni l)uilding be on tlie land and the residence of the owner be unknown, such owner may be designated as unknown. No assessment hereafter made in said city shall be held to be invalid because the same may be made out, in terms, against owner or owners unknown, or the estate of a deceased per.son (naming such person), or the executor, administrator, heirs or devisees of a deceased person (naming such person), or against a company or firm name, or against a person in whom is the record title, though not the actual title of the property, or for any cause arising through ignorance or mistake as to the name of the owner or owners of the property assessed, whether individual or a corporation, provided that such property is sufficiently described on the assessment rolls to identify and indicate the par- ticular property which it was intended to assess. Every assessment roll shall be considered as referring to the last adopted map unless it be otherwise stated therein. (,ls aniciuh-d L. 1899, Ch. 581). Note — §§ 263, 264, 265, repealed by L. 1899, Ch. 5S1. NoTK — §§ 266 to 274, inclusive, omitted from White Charier as lirst enacted. § 266. Term of assessors — The assessors now in office who were elected by the people, shall continue in office for the remainder of the term for which they were elected. In such cases there shall be elected, at the first city election pro\'ided for in this act, two assessors for the term of four years, and thereafter at the expiration of the term of office of the assessors, two successors shall be elected for the full term of four years. In cases where the assessors now in office were appointed, there shall be elected at the first election held pursuant to this act, two assessors for the term of two years, and two for the term of four years. { Added by I.. 1899, Ch. 581). City of Rochester 187 White Charter Note — §§ 275 to 2S3, and 294 to 299, inclusive, repealed by L. 1899, Ch. 581. Noi'K — §§ 2S4 to 293, and 300 to 307, inclusive, omitted from While Charter as first enacted. § 300. Assessments, how made — If any of the city assessors shall be interested in any improvement for which an assessment is to be made, it shall be the duty of the board of estimate and apportion- ment to appoint a suitable person or persons to act in the place of the assessor or assessors so interested. In all cases of assessment, the assessors shall include in the apportionment all expenses which were incident to the making of the improvement and assessment. When- ever the amount apportioned shall exceed the actual cost of the improvement, the assessors shall declare a rebate and the excess shall be refunded to the persons who paid their assessment. In case any property within the district or area of assessment is omitted from the original assessment roll, the assessors may make an additional assess- ment to include the property so omitted. If the amount assessed for any improvement shall be insufficient to cover the cost of the improve- ment, the deficiency shall be apportioned and assessed pro rata by the assessors upon the property which they shall deem benefited by the improvement and which is within the district or area of the original assessment, (y.liidcd by L. 1899, Ch. 581). NuTK. — §§ 30S to 312, inclusive, repealed by 1.. uS()9, Ch. 5S1. Ndtk — §§ 3'3 'o .3-'' inclusive, omitted from White Charter as first enacted. § 313. Publication of notices — In all cases where county and state taxes which have been levied upon real estate in any city "Shall remain luipaid after the time when the same should have been paid, notice of the sale of lands situate in the city, for such unpaid taxes, shall be published in tiie official newspapers of the city, in the same manner that is prescribed in existing laws with reference to sales of land for unpaid city taxes. Where notice of redemption from such sales for vmjjaid countv and state taxes afiecting real estate situated in any city shall be rec|uired i)v law to be pul)lished. the same shall be 188 CilARiKK Law ov imk White Charter published in the official newspapers of the city in the manner and for the time required by law. The cost of such publications shall be added to and form a part of the taxes. (^Addcd by L. 1899, Ch. 581). Note — §§ 322 to 330, inclusive, repealed by L. 1899, Ch. 581. NoTK — §§ 331 to -i,-},"^, inclusive, omitted from White Charter as first enacted. The provisions of tlie Old Cliarter of the city of Rochester contain a complete system for the assessment and collection of taxes which up ti) and including the leturii of the warrant by the collectoi, are independent of other statutes — Matter of \'t;ilh, 165 N . \'. 204. It is incumbent upon a taxpayer to establish conclusively that an assessment complained of is erroneous — People ex rel. (Jas Co. vs. Feitner, 58 App. Div. 555. If the taxpayer refuses to answer questions under oath as to his properly the assessors are justified in refusing to reduce the assessment — People e.\ rel. Mercer vs. Maynard, 7 Misc. 295. The taxing power of the legislature is absolute, and is only limited by the constitutidti — I'l-nple vs. Filch. 14S N. \'. 71. A municipality to which a tax has become due and payable is a creditor of the taxpayer, and as such has the same rights under the statute of frauds as an individual creditor in case of transfers therein declared void as against creditors — Stimson vs. Wrigley, 86 N. \'. 333. A provision of a city charter that all taxes and assessments made for city improvements shall be and remain a lien until paid, will be effectual to continue the lien until it is discharged l)y actual payment — Bell vs. City of New \oxV. 06 .\pp. Div. ^7S. The tax roll when completed by the assessors forms the basis on which the tax is imposed, and the persons a.sse.ssed for personal property become liable to pay the ta.x when levied, even though in the mean time they cease to be the owners thereof through its transfer, loss or destruction — Everson vs. City of Syracuse. 20 Hun 4S5. Though a taxpayer die after the assessment by the assessors and before the levy of the tax rolls, the tax is enforcible against his executor. The tax is assessed ii])on the property, not against the person — In re Babcock, 115 N. \ . 450; Mc.Mahon vs. Heekman, 6^ How. I'r. 427. As between a grantor who was the owner of land at the time of the making up of the rolls, and a grantee to whom the properly is conveytd prior to the levy, the grantor is liable for the tax — Kundell vs. l.akey, 40 N. V. 513; In re Babcock, 1 15 N. ^■. 450. Residence of the owner within the tax district is essential under the Revised .Statutes, to gi\f jurisdiction to the assessors to make a valid assessment of jiersonal proptri v - \\ il< ox \s. ('ity of l\ocht.>tef, 129 X. \". 247. An assessment for personal property taxes contained in the roll of a city ward other than that in which the person assessed resides, is City of Rochester 1S9 Decisions relating to taxation — Continued not invalid if such person had any notice or knowledge that he was assessed and was given an opportunity to be heard on grievance days in relation thereto — People ex rel. Mclfargvs. Gaus, 169 N. V. 19. General city taxes assessed for general governmental purposes are personal debts and collectible from the personal property of the person taxed, independent of any lien upon his real estate — Riindell vs. Lakey, 40 N. \. 513; Matter of Hun, 144 N. V. 472 ; Smith vs. Cornell, i i i N. Y. 554; Hagner vs. Hall, 10 App. Div. 581. For purposes of enforcement a tax constitutes a debt in judg^ ment, and the warrant is an execution — In re I. L. C. Co. 19 App. Div. 415: Litchfield vs. McComber, 42 Barb. 288; Butts vs. Rochester, i Hun 598-600; Torrey vs. Willard, 55 Hun 78; Ithaca vs. Cornell, 75 Hun 425 ; In re Babcock, 52 Hun 142 ; C. T. Co. vs. \. Y. C. R. R., no N. Y. 250 ; In re Col. Ins. Co. 3 Abb. Ct. App. Dec. 239. Moneys on deposit in a savings bank in the state of New York are exempt from taxation under sub. 14 of paragraph 4 of the Tax I^w, (L. 1896, Ch. i)O.S) — l'e(i])lu c.x rel. Ilermance vs. Diederick, I 5S N. \'. 414. The supreme court has held that the corrective statute relating to taxes in the city of Rochester (L. 1903, Ch. 522) is effectual to cure the omission of the mayor's seal from the mayor's certificate — See findings of fact by Judge Parkhurst, in Leighton vs. I-eighton Lea .\sso.. on file in Monroe county clerk's office, made .\pril 16. 1003. The lien of city taxes is superior to the lien acquired b> a pri- vate purchaser at a tax sale for county taxes upon the same lands — ('ity of Koilicstcr \s. Kapell, 86 A])p. Div. 224. The legislature has power to cure defects in the assessment of taxes and to legalize proceedings to collect the same if the taxes were not invalid because of a want of jurisiliction and no other constitutional right of the taxpayer has been violated. The rule is that, if the thing done or omitted and which constitutes the defect sought to be remedied, is something that the legislature might have dispensed with constitutionally or directed in the tax law. it may ratify such act or omission by a later statute — Terrel vs. Wheeler. 123 N. ^■. 76; Smith vs. Buffalo, 90 Hun 118; Ensign vs. Barse, 107 N. Y. 329; Hatzung vs. City of Syracuse, ()2 Hun 203; Loomis vs. City of Little Falls. 66 App. Div. 305. The provisions of § 209 of the Old Charter of the city of Roch- ester do not aulliori/.e the city treas\irer to refuse to acce])! the tender of the amount of general city taxes, with interest, less the amount of a local assessment, which had been added lo such gi-neral city taxes — Hutchinson vs. City of Roch- ester, 92 Hun 31)5. A decree judicially settling an administrator's account >hould. where it appears that there remains unpaid a valid tax assessed by the city of Rochester against the administrator on account of the estate, direct the payment 190 Charter Law of the Decisions relating to taxation — Concluded of the tax out of the assets of the estate before final distribution is made — Matter of Sullivan, 84 App. Div. 51. Under § 206 of the Old Charter of the city of Rochester unpaid installments coming due either before or after the death of the owner assessed therefor, may be enforced against his personal estate in the suiTogate's court, upon the judicial settlement of the accounts of the executor of such deceased owner — Matter of Klsner, S6 App. Div. 207. The fact that the city has sold the property for unpaid install= ments which became due after the owner's death, and has bid in the property upon such tax sale, does not, where the title acquired by the city has not become absolute, preclude the city from enforcing payment of such installments, and of the installments which have not yet become due, from the personal estate of the deceased owner — Matter of Eisner, st//>?-a. Taxation is not taking property without due process of law- People ex rel Griffin vs. Mayor of brooklyn, 4 N. Y. 41*^; Town of Ciuilford vs. Supervisors, 13 N. V. 145. Special acts relating to taxation in the city of Rochester j^ub- lished in full in this book, posi. See Index. Note — The decisions relating to taxation generally are fully collated in " Green's Annotated Tax Law" (1902) ; '• Gumming and Gilbert's Annotated Tax Law"(i90i); and "Drake's Annotated Tax Law" (1903); See also Am. and Eng. Enc. of Law, 2d Edn., titles, "Special or Local Assessments" and "Taxation." Old Charter NoTE^The White Charter specifically continues existing laws governing the procedure in matters of assessments for taxes or local improvements and the taking of lands for public puqjoses. The portions of Titles V and VII, Old Charter, on these subjects, as they exist, follow : § 53. Duties of assessors — The assess- ors appointed as hereinbefore provided shall perform ail the duties required of assessors in relation to the assessment of property in said city, for the purpose of levying taxes im- posed by the supervisors of Monroe county, and of levying taxes and assessments imposed by the common council. (Z. 1880, C/i. 14). Note — As to powers and duties of assessors, see White Charter, § 261, this liook, p. 184. § 82. Assessment for general taxes — All sums so directed to be raised by tax by the common council shall be assessed upon all real and personal estate, in said city, according to the valuation of the same City of Rochester 191 Old Charter in the last preceding assessment rolls, which shall have been relumed by the assessors of said city, and filed in the office of the clerk of said city, except as by this charter other- wise provided; but no real or personal estate, which shall be exempt from taxation or assess- ment by the general laws of this state, shall be liable to be assessed for the ordinary city or county taxes, but such real estate may be assessed and taxed for local improvements. All real estate shall be assessed for any city or county tax or assessment to the owner or occu- pant, or by any description by which it may be known and distinguished without reference to the owner or occupant, ^^'henever any tax or assessment exceeding ten dollars in amount has been at any time heretofore or hereafter is levied or assessed by, or by order of the com- mon council against a person, firm, estate or corporation, and has been or is returned by a collector uncollected for want of goods and chattels, out of which to collect the same, the mayor or city attorney of said city may apply on an affidavit stating the facts aforesaid to the county judge or special county judge of the county of Monroe, and obtain an order requir- ing such firm, person, estate or corporation to appear before such county judge or special county judge, or before a referee named in such order and answer concerning his, their or its property. The same proceedings may, in all respects, be had as in cases of proceedings supplementar)' to an execution against property under the code of civil procedure, and the same costs and disbursements may be allowed against the person, firm, estate or corporation examined concerning his, their or its property, but none shall be allowed in his. their or its favor. The tax if collected, shall be paid over to the city treasurer, and the costs collected shall belong to the party instituting the proceed- ings, and shall be applied by him to the pay- ment of the expenses of such proceeding. And the proceedings taken under this section 192 CuAkiKR Law <)!• ihk ( )lil < liaiter shall conform in all other respects to the course of proceedings provided for in said code of civil procedure in relation to such supplementary proceedings. (As nincudrd I.. 1890, Ch. 5C1). Note — As to description of lands see White Char- ter, § 262, this hook, p. 1S5. Insertion of owner's name in assessment list not fsseiilial to v;ilidityof tax - 1 1 :u,L;ht vs. Mayoi. etc., <)() N. ^'. jSo. Valuable commercial buildings should be assessed upon the basis of earning: capacity — People ex lei. Powers \>. KalbtlciM h, j; App. Div. 432; appeal dismissed, 1 3<> N. ^'. 67S. § 83. Annual assessment ho\N made — The annual assessment of property in said city shall be made by the assessors thereof by the fifteenth day of January in each year, who shall enter the assessment for each ward in a separate book provided for that purpose. After such as.sessment shall have been com- pleted the assessors shall meet at their office to hear the allegations and objections of all persons interested in the assessments, of which at least ten days previous notice shall be given by publication in all the daily papers published in said city. At the time and place designated in said notice, and for ten consecu- tive days thereafter, exclusive of Sundays, the asses.sors shall meet and hear such allega- tions and objections, and the assessment books .shall there be open to the examination and inspection of all parties interested, between the hours of nine and twelve in the morning and two and four in the afternoon. The asse.ss- ors shall amend and correct such asses.s- ments as they shall deem proper. When completed, an oath substantially in the follow- ing form, shall be written or printed upon or attached to said rolls and each of them, and said oath shall be signed by the assessors or a majority of them and shall be sworn to before an officer authorized to administer oaths, namely : " We, the undersigned, do severally depose and swear that we ha\e set down in C'nv OK K()( HKsTKk 193 Old Charter the foregoing assessment roll all the real estate situated in ward, according to our best information : and that with the excep- tion of those cases in which the value of the said real estate has been changed by reason of proof produced before us, we have estimated the value of the said real estate at the sums which the majority of the assessors have decided to be the full value thereof: and also that the assessment roll contains a true state- ment of the aggregate amount of the taxable personal estate of each and ever}' person or corporation named in such roll, over and above the amount of debts due from such per- sons or corporations respectively, and exclud- ing such stocks as are otherwise taxable, and such other property as is exempt by law from taxation, at the full value theii^of. according to our best judgment and belief." After being sworn to as aforesaid, the assessment books shall be delivered to the clerk of the cit)' on or before the fifteenth day of April in each year, who shall report the same to the common council of said city at its next meeting. The time for such delivery of such books to said clerk, may be extended by resolution of said common council adopted at any time before or after the said fifteenth day of April. The assessors shall make and certify a correct copy of said assessment books as they shall then exi.st, and including the changes, amendments and cor- rections to the same that may be made as hereinafter specified, and deliver the same to the supervisors of the .several wards respec- tivclv, for the use of the board of supervisors of Monroe county on or before the first dav of October in each year, to be by them presented to the board of supervl.sors as the ward rolls of the city. The time for the deliver)- of such books, or of either of them, to said supervisors, may be extended by resolution of said board of supervisors adopted at anv time before or after the first day of ( )ctober. The said board of super\isors shall ])av to said assessors, for 194 CiiAkiKR Law ok the Old Charter the copy or copies for their use, in the same manner as paid to the supervisors of the several towns for the town rolls. The said assessors are hereby directed and empowered to make such additional amendments and corrections in said assessment rolls as to the names of the actual owners or occupants and values of real and personal estate therein as- sessed as they shall deem proper, at any time before the first day of July in each year. (As ametuicd L. 1900, Ch. 119). Note — § 84, repealed, L. iSg'S, Ch. 777. § 85. Additional tax for water rents ; delivery of tax rolls — In addition to other ta.xcs directed by law to be assessed upon the property of the cit)\ the common council shall, in the month of April in each year, assess, for the benefit of the water works fund, three cents on each lineal foot front of each citj' lot .located on any avenue, street, park, court, alley or lane in which the city water mains are laid and in use in all cases in which no water rents have accrued or been paid to the city of Rochester during the calendar year preceding the date of the assessment, but .such assessment shall be made on one frontage only of each of said lots. As a basis for such assessment the executive board, or its successor in charge of the Roch- ester water works shall, on or before the first day of March, in each year, make and furnish to the city as.sessors a complete statement of each and every city lot situate on the streets, avenues, parks, courts, lanes and alleys in said city, in which city water mains are laid and in use, and on which lots water rents have not accrued or been paid during the preceding calendar year ; said statement shall contain the name of the owner of the lot and the frontage to be assessed, or such description as is now required by law to identify the same. And also, in all cases in which water rents have accrued during the preceding calendar year aforesaid, on a citv lot exceeding two hundred CiTV OF Rochester 195 Old Charier feet frontage : and if said water rents shall not aggregate an amount equal to at least three cents on each lineal foot of the whole frontage of said lot, then said excess over two hundred feet shall be subject to said tax of three cents on each foot of frontage; the same as if no water rates had accrued on any part of said lot. The common council shall, during the month of x\pril in each year, assess the city taxes, includ- ing those required to be assessed by the forego- ing provisions of this section, in the same man- ner in which the county taxes are by law to be assessed by the board of supervisors, which taxes shall be by the assessors inserted in the assessment rolls reported by the assessors as before provided, and such rolls, with taxes inserted therein, shall be deli\ered by said assessors to the treasurer of said city. After said assessment rolls have been confirmed by the common council it shall not be lawful for said common council to hear complaints or allegations from persons assessed thereon who may claim any exemption from taxation, in any way, under any law of the state of New \'ork- relating to the national guard or militar)' of said state, but as to all such persons such confirma- tion shall be final and conclusive. (.Is aviciui- cd L. 1896, Ch. 777). i^ 86. Warrant of mayor to be an- nexed to assessment rolls — To each of such assessment rolls so to be delivered to the trea.surer of said city, as aforesaid, shall be annexed a warrant under the hand of the mayor and the seal of the city, commanding the city treasurer to collect from the .several persons named in the assessment rolls, the several sums levied as taxes in the columns of such rolls, according to the provisions of this. act. (Z. 1880. Ch. 14). Requirements as to hand and seal held man^ dator\--M.iHcr of City of Kci h >i. Mo>s. 77 Apj). l)!v. jS ; iittirnird. 173 N. \". 64(1. Corrective statute — L. 1903, Cli. 522. 11)6 CiiARTKk Law ok ihk Old Charter § 87. When assessment rolls to be delivered to treasurer — The said assess nient rolls with the said warrants annexed, shall be delivered to the city treasurer on or before the first day of May in each year. (As amefided L. 1896, C/i. 777). § 88. Collection of taxes by city treas= urer — The city treasurer shall then proceed to collect and receive said taxes from the several persons named in the said assessment rolls in the manner hereinafter mentioned, and shall immediately after receiving such rolls and war- rants, give public notice by the advertisement in two of the public newspapers printed in the city of Rochester, that all persons named in said rolls are required to pay their taxes to him at his office, on or before the fifteenth day of the following September, and stating the amounts to be added if payment shall not be made. {As amended L. 1896. Ch. "]"]"])■ § 89. Rates of interest collectible — The city treasurer shall receive the amount of any tax levied in the assessment rolls during the month of May, and on all amounts not paid on or before the last day of May succeeding the levying of such tax, he shall receive for the contingent fund of said city, the following ad- ditions as charges for collection, namely : If the same be paid after the last day of May and on or before the last day of June, then next, he shall charge and receive an addition of one per centum ; if paid after the last day of June and on or before the last day of July, then next, an addition of two per centum ; if paid after the last day of July and on or before the fif- teenth day of August, then next, an addition of three per centum ; if paid after the fifteenth day and on or before the last day of said month of August, then an addition of four per centum ; if paid on or after the first day of the month of September, then next, and on or before the fifteenth day of the same month an addition of five per centum : and if paid at any time after City ok Rochestkr 197 Old Charter the fifteenth day of September, such addition of five per centum, and also, interest from that day, at the rate of twelve per centum per an- num, (^s amended I.. 1896. 67/. 777). § 90. Publication of notices — The said city treasurer shall also, immediately after the said last day of August, give public notice in all of the daily newspapers of the said city, to be published in such papers for ten days, notifying all persons who shall have omitted to pay their taxes to pay the same to him at his office, on or before the fifteenth day of the said month of September. {As amended L. 1896. Ch. 777). § 91. Collection of taxes — It shall be the duty of the city treasurer upon all taxes remaining unpaid on the fifteenth day of Octo- ber next succeeding the completion of the said assessment rolls, to issue as many warrants as he shall deem proper under his hand, and directed to any person whom he may see fit to appoint a collector of the taxes specified in such warrant, commanding such person as such col- lector, to levy the amount of said tax, and an additional amount of five per centum, except that in no case is the amount so added to be less than twenty-five cents, and, also interest at the rate of twelve per centum per annum from the preceding fifteenth day of September, and the fees of said collector by distress and sale of goods and chattels of the person against whom the said warrants shall be issued, or of any goods and chattels in his possession, whereso- ever the same shall be found within said city, and to pay the same to the city treasurer, and return such warrant within twenty days after the date thereof ; and no claim of property to be made to such goods and chattels so found in possession of the said party, shall be avail- able to prevent a sale. After the return of any warrant, the treasurer, if he deem expedient, or if so directed by the common council, may issue a second or subsequent warrant for the taxes still remaining unpaid, with said percentage. 198 C'liARiKR Law ok thk Old Charter Collection of taxes — Contimied interest and fees. Hvery collector shall hold his appointment during the pleasure of the treasurer, and may at any time be removed or suspended by him ; and the treasurer and his sureties shall be liable for any collect- or, and for all moneys that may be collected or received by him. No warrant shall be de- livered to any collector until he shall have executed and deposited with the treasurer, a bond to the city of Rochester, with two or more sureties, approved by such treasurer, and acknowledged in the manner required for the recording of conveyances of real estate, and conditioned for the faithful performance of his duties as a collector of the taxes specified in such warrant, and for the faithful accounting and paying over to the treasurer of all moneys that he may collect or receive under such warrant. If any collector shall fail to return any warrant issued to him, as therein required, or shall fail to pay over to said treasurer all moneys collected, or received by him. or .shall fail to render a full and true account thereof, the supreme court, or any justice thereof, on the application of the treasurer, or of the city of Rochester, shall have jurisdiction on proof, by affidavit or otherwise, summarily to enforce such return, payment, or accounting, or all, as the case may be, by attachment and proceed- ings thereon, in the same manner as if such collector were a sheriff or officer of that court. The fees of such collector shall be estimated only on the moneys collected by him, and where several sums are assessed to the same person or persons, on the same list, such sums shall be deemed to be one tax for the purpose of estimating collectors' fees. The interest and percentage other than collectors' fees shall be added to the contingent fund of the city. The said treasurer, immediately after receiving the bond of any collector shall file the same in the office of the clerk of Monroe county, and the same shall be a lien upon the real estate City of Rochester 109 Old Charier of any person executing the same situate in said county. Such collector shall have full power and authorit)' to execute said warrant in any part of the city, and if any such collector shall neglect or refuse to pay over any money collected by him, he shall be deemed guilty of a misdemeanor. C'4s at)iciidcd L. 1896,(1'/'. 777 ). S 92. Collectors' sales and notice — The said collectors shall give public notice of the time and place of sale of the property to be sold, at least six days previous to the sale, by advertisement to be posted up in at least three public places, of which the outer door of the court-house shall be one. All sales by virtue of this provision shall be by pyblic auction from the steps in front of the court-house. (Z. 1880, Ch. 14). § 93. Disposition of surplus on col= lectors' sales — If the property distrained shall be .sold for more than the amount of the tax, percentage, interest, and the costs, charges, and expenses of such distress and sale, the surplus shall be returned to the person in whose possession such propert)' was when dis- tress was made, if no claim be made to such surplus by any other person ; if any other per- son shall claim such surplus on the ground that the property .sold belonged to him. and such claim be admitted by the person for who.se tax the same was distrained, the suri^his shall be paid to such owner; but if such claim be contested by the per.son for whose tax the property was distrained, the surplus monev shall be paid by the collector into the city treasury, there to be retained as a special de- posit, until the rights of the parties shall be detennincd by due course of law. ( /,. 1880, C/i. 14). TJ 94. Time of sale — On the .second Thursday of December in each year, the city treasurer shall cause to be exposed for sale, as hereafter provided, all real estate charged with •JOO ('harikr Law ok iiik Old Charter any tax or assessment whicli shall ha\e been due and unpaid more than thirty days pre- vious to the said second Thursday in Decem- ber. {As amcudcii I.. 1896, C/i. 777). 55 95. Notice of sale — The city treasurer shall cause a notice of the time and place of such sale to be published in all the daily news- papers published in said city at least ten days previous to such sale ; and he shall also cause to be published in one or more of said daily papers on some day not more than twenty, nor less than ten days previous to such sale, a list of the several parcels of real estate so to be sold, describing therein each parcel of real estate in the same manner substantially as the same is described in the assessment rolls in which the said tax or assessment is imposed thereon, together with the name of the person to whom each parcel is assessed and the amount of the tax or assessment thereon. ( /,. 1880, C/i. 14). ;j 96. City treasurer to conduct sale; expenses allowed to city It shall be the duty of the city treasurer to conduct all the proceedings and render all the services neces- sary to perfect the sale and transfer of real estate in said city where the same shall be sold or advertised for sale for the non-payment of any assessment imposed thereon by the com- mon council, and for such services so rendered by the city treasurer, including the expense of advertising such real estate, the corporation shall be entitled to have fifty cents for each parcel of land so ordered to be sold, in case the sale thereof shall be stopped by payment after advertisement, and one dollar and fifty cents for each parcel that shall be actually sold, which fees shall be paid into the city treasury and carried to the contingent fund. (Z. 1880. Ch. 14). ^ 97. Manner of selling; certificate of sale — If such tax or assessment and the Cll N III KOLIIKSTKR -<•! Old Charter percentage, interest, allowance and expense aforesaid be not paid by the said second Thursday of December, the city treasurer shall, at the time and place appointed in the notices required to be given as aforesaid, or on some day immediately thereafter to which said sale may be adjourned, proceed to sell the said several parcels of real estate for the shortest time any bidder will take such prem- ises and pay the said tax or assessment, with said charges and expenses ; and on such sale he shall execute to the bidder a certificate of sale, in which the property purchased shall be described, the aggregate amount of tax or assessment and said charges and expenses, and the time for which the premises were pur- chased shall be specified ; also the time when the purchaser will be entitled to receive the lease hereinafter mentioned. The amount added to such tax or assessment for fees shall be carried to the contingent fund. ( .l.< nmouird L. 1896, Ch. 777 ). Act validating tax sales — 1.. 1S9S. Ch. 5S6. ruhlished in full, this book,/('.f/. See Inde,\. Sale of lands for unpaid taxes— Cooley on Tax- ation, j;(l I'Uln.. (i')O^i. ))]). i)io-ioj2. 5i 98. When property is struck off to city^ — If at any such sale no bid to the amount of the tax thereon and expenses of sale shall be made for any such parcel of land, the same shall be struck off to the city, and the treasurer shall make a memorandmn of the fact that the land was so struck otT to the city in a book to be kei)t for that jnirpose. ( /.. 1880. Ch. 14). § ()9. Common council m.'i> author- ize treasurer to bid Ihe treasmer of said cit\ m.iv i)c anthoM/id, hv an order of the connnon coimcii. to bid for and in the name of the corporation of the said city upon any lands offered for sale at public auction, upon which the said corporation may have anv claim or ■ lien. ( /.. 1880. Ch. 14).' '202 CiiAk'iKK Law ok im; Old Charter 5i loo. Redemption of property sold for taxes — Any owner or claimant of the premises so sold for any tax or assessment may, within two years after such sale, redeem the same by paying to such purchaser, his rep- resentatives or assigns, or into the city treasury for his use, the amount so paid by him, with the addition of twelve per centum per annum, or at that rate, on such amount, and on such payment being made the right and title of such purchaser shall absolutely cease and determine. (/. 1880, C//. 14). § 10 1. Notice to redeem by holder of tax certificate ; contents — Any holder of any certificate of lands sold for city taxes or assess- ments shall, within one year after the expi- ration of the period of redemption provided for by the preceding section, cause to be serv- ed upon the owner of such lands a notice of such sale, signed by the person claiming such premises under such sale, his representative or agent, and specifying the amount of the tax or assessment and charges at the time of such sale, and the time for which such premises were bid off, and that the owner is required to redeem the same, within thirty days, and any person making redemption after service of said • notice, shall, within the time therein provided, pay the amount for which the land was sold, with the said addition of twelve per cent, per annum, into the city treasury- for the use of the person who shall hold said certificate. (Z. 1880, CA. 14). § 102. Service of notice to redeem — The notice required by the preceding section shall be served on the owner of such land if he live in Rochester, personally, or by lea\ing at his residence. If such owner does not live in Rochester, but has an agent living in said city, whose appointment is in writing and his name entered in a book to be kept by the city clerk for that purpose, then such notice shall be City of Rcx hksikk -<'o Old Charter serv'ed on such agent, personally, or at his res- idence. If such non-resident owner does not have such agent, then such notice may be serv- ed on any tenant in possession of said prem- ises, and a copy thereof shall also be sent by mail addressed to such owner at his residence, if the same is known or can be ascertained by reasonable diligence ; and if there be no tenant, service by mail as aforesaid shall be sufficient. If there be no occupant and the residence of such owner is not known and cannot be ascer- tained by reasonable diligence, or if the owner of such lands be unknown, then such notice shall be served by publishing the same once a week for six successive weeks in at least two of the daily city papers, and the cost of such advertisement shall be added to the amount al- ready accrued upon his certificate. (Z. 1880, Ch. 14). § 103. Notice to redeem — It shall be the duty of the treasurer to deliver to the attorney of said city within one month after the expiration of two years from the time any lands have been sold for any tax or assessment, where the same have been struck off to said city, a list of all such lands, with the names of the owners and a description thereof, as the same is described on the assessment roll, containing the tax for which the same is sold. It shall be the duly of the attorney to cause a notice to be served upon all owners of land so purchased by said city, in the same form and manner as specified in the two last preceding sections. (/. 1880, Ch. 14). Note — § 103 changed by White Charter, § J()i. City trea.surer now gives the required noiice.>*. Purchaser at tax sale cannot recover money fora void tax from citv — ( > ttin v- |!i..,,kl\ n. iii' N. V. ly,. Private purchaser doeA not paN the tax — Clenitnti vs. Jackson, o.: N. \. 5i)i- Where assessment !s void sales cannot be \alidated — ( roniwtll \>. Mi Lean, u; N. N . r? •in4 CuARiKR Law ok hik Old Charter § 104. Mayor's certificate of failure to redeem lands sold to city ; treasurer's certificate of discharge of lien ; foreclos- ure of equity of redemption : jurisdiction of municipal court; practice; costs — Whenever any lands in said city shall ha\c been sold for taxes or assessments, and bid in by, or struck off to, said city, and notice to re- deem shall have been served, as provided in the last section, for more than thirty days, and such lands have not been redeemed, as before provided, the mayor of said city shall execute a certificate of the fact of such sale having been made and the lands struck off to the city, and that the same have not been redeemed which certificate shall be acknowledged as deeds to be entitled to be recorded, and shall be record- ed in the Monroe county clerk's office. Such certificate, or the record thereof, or a copy of such record, duly authenticated, shall in all courts and places, be /^'/wr/yr/r/c evidence that the tax or assessment was legally imposed, and of the regularity and legality of all proceedings prior to such sale, and of such sale, and that notice has been duly given to redeem, and that such lands have not been redeemed. I'pon the recording of such certificate, the said city, or its assigns, shall acquire an absolute title to • such lands, in fee, with the right to immediate possession, and may enjoy and hold such lands free and clear from all claim or demand of any owner thereof, or any person having any lien thereon, or interest therein, but the equity of redemption in said lands struck off to the city shall only be barred as hereinafter provided. At any time after such certificate is executed and recorded, and the tax or assessment men- tioned therein has been at any time thereafter paid, the treasurer of said cit}' may execute, acknowledge and deliver to the owner of such lands, so sold, a certificate to the effect that such tax or assessment has been paid, and upon the recording of the same in the Mon- roe countv clerk's oftice the said clerk shall CnV OK ROCHESTKR 205 Old Charter discharge the former certiticate of record in his office, by a proper entr}' upon the page contain- ing such record, the same as in cases of dis- charge of real estate mortgages by him. At any time after such certificate is executed, the equity of redemption of all persons having any lien or interest in said lands may be foreclosed by an action to be brought b\- said city, in the supreme court, county court of Monroe county, or the municipal court of said city, which are hereby given jurisdiction over the same, and in which action the same proceedings shall be had. as nearly as may be. as on the foreclosure of real estate mortgages, and judgment of strict foreclosure, or of foreclosure and sale, may be had therein, as the court may direct. The municipal court of said city is hereby declared to be a court of record for the purposes of foreclosure of the equity of redemption of all lands sold for taxes or assessments, and bid in by, or struck ofif to. said city, as herein provid- ed. Actions in said municipal court shall be commenced by the service of the summons, or summons and complaint, either personally or by advertisement, or otherwise, as is provided in relation to actions in courts of record by the code of civil procedure, and the service there- of may be made in any part of this state, if personal, and outside of the state if by adver- tisement, and the process, pleadings, proceed- ings and practice therein shall conform, as near as may be. to actions for the foreclosure of mortgages in the supreme court, except as herein otherwise provided, and all costs and disbursements shall be allowed by said court, and taxed and adjusted by the clerk of Monroe county, and entered into and become a part of the judgment, and article nine of title one of chapter fourteen of the code of civil pro- cedure, shall apply to actions commenced un- der this act. and all pleadings, papers, orders, reports, process and judgment-rolls, and de- crees, shall be filed, docketed and entered in said clerk's office, and such judgments and •J(it» Chartkr Law ok tup: Old Charter Tax foreclosures — Continued decrees shall have the same force and effect as judgments of the supreme court, and the ap- peal from any such judgment and decree shall be to the supreme court at general term, in the first instance, and in the manner now pro- vided for appeals by the code of civil pro- cedure, and the said municipal court shall ac- quire jurisdiction in the same manner, and to the same extent, as courts of record in actions for the foreclosure of mortgages, but in no action for such foreclosure, where judgment is taken by default, shall there be costs taxed to exceed ten dollars, exclusive of disburse- ments, except when the amount of the tax or assessments for which such certificate was given, including interest, shall exceed twenty- five dollars, in which case the plaintiff shall be allowed to tax an additional sum, as costs, at the rate of ten per centum, and the expenses thereof. When such action, however, is settled before judgment, there shall be allowed as costs to the plaintiff only one-half of the above prescribed sum and rates. In an action in said municipal court, where a defense, by answer or demurrer, shall be interposed, the same may be brought to trial by either part}', on five days' notice, and. in addition to the disbursements, costs shall be allowed therein to the prevailing party, as follows : To the plaintiff, for all proceed- ings before trial, ten dollars ; to the defendant, f(jr all proceedings before trial, five dollars ; to either party for a trial of an issue of law, five dollars ; for trial of an issue of fact, ten dollars. In addition to the above, there shall be allowed to the plaintiff, if judgment is rendered or de- creed in its favor, five per centum on the amount found due. and for which judgment is rendered, or a decree made, as additional costs. It shall be the duty of the city attorney, after the expiration of the time for redemption, to brmg actions for the foreclosure of all liens for taxes and assessments bid off bv, or struck oft" CiTV OF Rochester 'J'IT Old Charier to, the said city. Where an action commenced under this section has been settled, and the tax lien paid, an order may be made and entered in said Monroe county clerk's office, directing the said county clerk to make a suitable and proper entry upon the original record thereof in his office of said mayor's certificate, and upon such record being so made, the premises men- tioned therein shall be discharged of such tax lien. The provisions of this section shall apply to all lands heretofore bid in by, or struck off to, said cit)'. (.-Js amcndcil L. icSqo. C/i. 561). Inferior local courts shall not be made courts of record nor have equity jurisdiction — State Constitution, Art. \I. i^ iS. § 105. Judgment creditor or mort= gagee may redeem — Any judgment creditor or mortgagee having a lien on the premises sold for any tax or assessment under the provi- sions of this charter may redeem the same within the same time, and on the same terms as the owner thereof as hereinbefore prescribed. The right of any such judgment creditor or mortgagee to redeem such lands shall only be cut off by service of notice on, or for him, in the same manner as provided hereinbefore as to the owner, or where his ecjuity of redemption is fore- closed, as provided in this charter. (Z. 1H80, Ch. 14). § 106. l.ien of mortgagee or judg- ment creditor -K\ery such mortgagee or judgment creditor shall have a lien on the premises redeemed by him. by virtue of this act, for the anunmt necessarily paid by him to effect such redemption, wilh the interest which may thereafter accrue thereon, in like manner as if the same had been included in his mort- gage or judgment,' and may enforce the same in the same manner. (/,. 1S80. Ch. 14). § 107. Definition of mortgagee — The term " morti^agee." sh.dl be construed to in- clude the personal representatives of such mort- 208 Charter Law ok the (Jlcl Charter gagee and assignees whose assignments shall be duly recorded, and their personal represen- tatives. (Z. 1880, 67/. 14). § 108. Proceedings to acquire title to lands sold for taxes to parties other than city — An affidavit of the service of the notice required by the preceding sections of this title, in order to determine the time of redemp- tion of such lands, specifying the time of such service, and taken before an officer authorized to take affidavits to be read in courts of record, shall be filed with the clerk of the city within ten days after such service, and the said affida- vit shall be presumptive evidence of the facts contained therein. And the clerk shall keep a carefully indexed record of the same. If the said lands so sold in the manner herein pro- vided shall not be redeemed within the time and in the manner in this title hereinbefore prescribed, the holder of such certificate shall, at the expiration of such time, be entitled to a lease of said premises for the term for which the same were bid off, which term shall com- mence two years from the time of the sale of said lands ; said lease to be given by the mayor, or other officer legally discharging the office of mayor, under the corporate seal of the said city, on production to him of a certificate of the city clerk that an affidavit was filed as by the next preceding section provided, and a certifi- cate of the city treasurer, that the money has not been paid to redeem said lands, which lease, or the record thereof, or a duly certified copy of such record, shall be prima facie evidence in all courts and places that such tax or assess- ment was legally imposed, and of the regularity and correctness of such sale and of all proceed- ings prior thereto, and that notice has been given to redeem, and that such lands have not been redeemed ; and the said lessee, his heirs or assigns shall have, hold and enjoy the said premises during the term for which the same were granted to him. free and clear from all City of Rochester 209 Old Charter claim of any owner or occupant of the same, or of any person having any lien thereon or inter- est therein, but subject to any taxes or assess- ments that may be charged thereon, during the said term ; and at the expiration of such term, such lessee, his heirs or assigns, may remove any building or fixtures that may have been erected on the said premises during the said term. But no lease or conveyance of such lands, or any part thereof, shall be executed by the mayor, or any person discharging the duties of the ofifice of mayor, until all city taxes and assessments upon such lands shall have been paid. (Z. 1880, Ch. 14). § 109. Proceedings of council to col= lect taxes on lands imperfectly described; power of council to correct taxes or assess- ments — Whenever the said common council shall discover that any lands on which any tax or assessment remains unpaid have been so imperfectly or erroneously described that the same cannot, in their opinion, be located with certainty, or that a sale thereof would not con- vey to a purchaser a valid title to the lands intended to be charged with such tax or assess- ment, by reason of the misdescription thereof, the said common council shall cause an accu- rate description of the lands intended to be charged with such tax or assessment to be an- nexed to the annual assessment roll for the general expenses of the said city, and shall charge the said land with the amount of such taxes or assessments incurred, with the interest thereon, from the time the same ought to have been paid, specifying the purpose for which the same was originally assessed, and the time when the same was returned for non-payment : and the amount so charged shall be collected in the same manner and the same proceedings shall be had in case of non-payment of the same, as in relation to taxes for the general expenses of the said city. The power conferred by this section may be exercised in respect to 210 Charter Law of the Old Charter any lands heretofore returned to the city treas- urer, and shall extend to all lands embraced in the terms of this section, whether the same may have been sold under such imperfect de- scription or not ; and in case any mistake or error has been or shall be committed in any of the proceedings in making any tax or assess- ment upon any property, real or personal, the common council shall have power to correct such tax or assessment, or to remit the same, if uncollected, and to refund the same, if col- lected ; and the amount or aggregate of the sums so remitted or refunded shall be added to the gross amount of taxes to be assessed and collected the next succeeding year, and shall be collected with the taxes for the general ex- penses of the city, and in the same manner. (/. 1880. Ch. 14). Special Note— §§ 110, 111, 112, 113,114, 115, Stem 10 be out of order here as they pertain specially to the department of finance; but they are left at this place in the same position they occupy in Title V, Old Charter. § 1 10. Renewal of bonds; exchange of water works bonds — It shall be lawful for the said cit}' to renew and extend the period for payment of the bonds or certificates out- standing against the said city, and which con- stitute the funded debt of said city, by issuing new bonds and certificates therefor, but such bonds and certificates shall recite or specify therein the bonds or certificates for the renewal of which such bonds or certificates shall be issued. The common council shall have power to issue in exchange for the water works bonds of said city, heretofore authorized and from time to time outstanding, registered bonds of the said city, for the same amount, payable at the same time and with the same rate of inter- est, under such regulations as the common council may prescribe ; provided, however, that no new bond shall be signed by any officer until the bond for which it is to be exchanged ClTV OK ROCHKSTER lill Old Charter shall be canceled, with the certificate of the city treasurer or otheV city officer, and either deposited in his office or disposed of as the common council may direct. (/,. 1880. Ch. 14). § III. General sinking fund — The treasurer of the city of Rochester shall place to the credit of a fund to be known as the general sinking fund one per centum of the total amount of the park bonds directed to be raised pursu- ant to section eighteen of chapter one hundred and ninety-three of the laws of eighteen hundred and eight)'-eight ; the difference between the amount received from the New York, Lake Erie and Western Railroad Company, and the amount necessary to pay any bonds of the Genesee Valley Railroad and the interest thereon ; the amount received as rent for the arsenal site; the percentage of the gross re- ceipts of the Rochester Railway Company contracted to be paid to the city ; all surplus receipts for water rents after the payment of operating expenses, salaries, repairs, mainte- nance or extension of said works, interest upon the water bonds issued for the construction of said works or for the further extension of the same, also such penalties as may be collected for violations of the regulations of the execu- tive board governing the use of the city water supply and any moneys now in his possession received from any of the above sources not otherwise appropriated, and the amount so credited and the additions and accretions thereto shall constitute a fund for the redemp- tion of the city's bonded debt and for that purpose only. The mayor of said city shall, on or before the first day of June, eighteen hundred and ninety-four, and every third year thereafter appoint a citizen of said city, other than a city officer or employee, who, with the mayor, treasurer and president of the common council of said city, shall constitute the board of trustees of said sinking fund, which shall be a body corporate, and shall have the care and 212 Charter Law of the Old Charter General sinking fund — Continued direction of said sinking fund, subject to the ordinances of the common council. Said trus- tees are hereby authorized and empowered to pay and redeem any portion of the bonded debt now or hereafter a charge upon said city as it may mature (for the redemption of which no special provision of law exists except the bonds issued pursuant to chapter one hundred and ninety-three of the laws of eighteen hun- dred and eighty-eight) and also such bonds as may be surrendered by the holders thereof before maturity whene\'er they may deem it to be for the interest of said city so to do. Said sinking fund shall be used solely in the re- demption and payment of the city's bonded debt, and when there are no such city obliga- tions falling due upon which the same can be applied, they may be used in the purchase of any of the city's bonds, not clue, or any city bonds to be issued, or may be invested in such other manner as such board of trustees may elect, or may be deposited in such banks, at the highest rate of interest obtainable, as shall be selected by said trustees, until such bonds may fall due, to the payment of which they can be applied, and whenever any of the bonds of said city are about to be issued, the trustees of said sinking fund shall, at their option, be permitted to purchase so much or so many of them as they may desire at their par value, and shall hold the same as a part of said sinking fund. Said trustees shall, at their last meet- ing in each fiscal year, present to the common council a detailed statement of the receipts, disbursements and investments made during the fiscal year then ending, pursuant to the provisions of this act : the several securities and investments held (whether cancelled or not), stating the law under and the purpose for which the same were respectively issued, giving their respective amounts, date of issue, and maturity, and the numbers of the bonds or securities and the rate of interest payable City of Rochester 213 Old Charter thereon, together with any other proper de- scription of the same ; the amount of interest received on such deposit ; what city bonds maturing during the year then ending have been paid out of said sinking fund : the several amounts in which city bonds have been issued ; the date of their issue : the rate of interest payable ; the times when the interest and principal of the respective bonds fall due, and also the authority under which and the object or purpose for which they were respec- tively issued. When, by any act authorizing the creation of any part of the present funded debts, any property or revenues of the said city were pledged or appropriated to the pay- ment of any such funded debt, such property or revenues shall continue to be so pledged and appropriated to the payment of the bonds or certificates which shall, by virtue of this act, be substituted for such part or parts of such funded debt. (As avicndcd L. 1894, C/i. 520). NoTK — See White Charter, §§ 26 and 69, this book, pp. 38 and 75 as to creation of funded debts and the present custody of sinkiiiLj fund. § 112. Warrants drawn on treasurer — No money shall be drawn from the city treasury unless it shall have been previously appro- priated to the purpose for which it shall be drawn, and all ordinances, resolutions and orders directing the payment of money shall specify the object and purpose of such pay- ment, and the particular fund from which payment is to be made, and the same, with the approval of the mayor, shall be certified by the clerk of the common council to the city treasurer, before any payment shall be made by him, except as otherwise expressly pro- vided. (/.. 1880, C/i. 14). NoTK — §§ 112, 113, 114 and 1 15, Old Charter, here printed, are probably superseded by the provisions of the White Charter, §§ 7C)-S6, this book, pp. 75-77, >; 113. Deposits of city money by treasurer — All uKjneys received by the treas- urer belonging to the city shall be deposited :14 CiiARiKR Law ok tiik Old Charter in one or more of the banks of the city, to be designated by the common council, and the treasurer shall keep a bank book with every bank in which any money of the city shall be deposited, in which shall be entered all sums received by such bank to the credit of the treasurer, and all sums paid out on his checks and drafts, which books shall be written up, and the balance stated on the last day of each week, and at any other time when the mayor shall direct. And every member of the com- mon council shall be entitled, during usual banking hours, to inspect the account of the treasurer with any bank in which deposits of money are made. The common council shall always have the right to order the deposits transferred to, and made in, any other bank or banks. (Z. 1880. CJi. 14). § 114. Treasurer's check must specify fund — Every check drawn by the city treas- urer, and countersigned as hereinafter pro- vided, shall specify the particular fund out of which the payment by such check is to be made. {L. 1880, Ch. 14). ?? 115. Treasurer's check must be countersigned — No money placed to the credit of the treasurer in any bank shall be drawn out unless by a check signed by the treasurer and countersigned by the clerk, or by such other officer or person as the common council shall appoint, or as is by this charter designated for that purpose ; of which appoint- ment notice shall be given to the banks in which such deposits shall be made, and a copy of this section shall be delivered to the cashier of every such bank, before making deposits therein. (/. 1880, C/i. 14). i? I iC). Supervisors to annex warrant to assessment rolls ; county treasurer to enforce collection — After the board of super- visors of the county of Monroe shall have equalized and corrected the assessment rolls City of Rochester 215 Old Charter of the city of Rochester, and shall have in- serted therein the county taxes levied and assessed by them, they shall annex to each roll a warrant under the hands and seals of the chairman and clerk of the board of supervisors, commanding the treasurer of the county of Monroe to collect from the several persons named in said rolls the sums mentioned in the last column of each roll opposite their respec- tive names, and autliorizing the said treasurer, in case any person named in the roll shall re- fuse or neglect to pay his taxes before the fifteenth day of April next ensuing, to levy the same by distress and sale of goods and chattels of such person, and they shall on or before the fifteenth day of January next ensuing, deliver the said rolls to said countv treasurer. (/. 1880, Ch. 14). Act in relation to the collection of taxes in Monroe county, L. 1SS4, Ch. 107, published in full this bcok,/(».f/. See Inde.x. § 117. Notice to pay county taxes; interest — Immediately after receiving such rolls and warrants, the count}- treasurer shall give public notice, by advertisement, in all the daily newspapers printed in the city of Roch- ester, that all persons named in said rolls are required to pay their taxes to him at his office before the fifteenth day of April then next, and stating the amount to be added if payments shall be delayed : the said treasurer shall re- ceive the amount of any tax levied on said as.sessment rolls during the month of Januaiy and before the first day of February then next, without any addition thereto ; if the same shall be paid on or after the first day of February and before the fifteenth day of February next succeeding the levying of said tax, he shall charge and receive an addition of one per cent.; if paid on or after the fifteenth day of I'ebruaiy and before the first day of March then next, an addition of two par cent.; if paid on or after the first dav of March and before the fifteenth 216 Charter Law ok the Old Charter day thereof, an addition of three per centum; if paid on or after the fifteenth day of March and before the first day of April then next, an addition of four per cent.; if paid on or after the fifteenth day of March and before the first day of April then next, an addition of four per cent.; if paid on or after the first day of April and before the fifteenth day of April then next, an addition of five percent. (Z. 1880, Ch. 14). >j iiS. Publication of notice to per= sons omitting to pay county taxes — The said count}^ treasurer shall also, immediately after the said first day of April, give public notice in two of the public newspapers of the said city, to be published in such papers ten days, notifying all persons who shall have omitted to pay their taxes, to pay the same to him at his oftice before the fifteenth day of said month, and that in default thereof a warrant will be issued for the collection thereof accord- ing to law. (Z. 1880, Ch. 14). 5; 119. County treasurer to issue warrants to collectors ; enforcement thereof; appointment and removal of collectors; bonds; attachment against collectors ; misdemeanor — It shall be the dui\- of the said county treasurer, upon all taxes so remaining unpaid on the fifteenth day of April next succeeding the com- pletion of the said assessment rolls, to issue so many warrants as he shall deem proper, under his hand, each directed to any per- son whom he may see fit to appoint as collector of the taxes specified in such war- rant, commanding such person, as such col- lector, to levy the amount of said tax, and an additional amount of five per cent., and also interest at the rate of twelve per cent, per annum from said fifteenth day of April, besides the fees of such collector, by distress and sale of goods and chattels of the persons against CiTV OF Rochester 217 Old Charter whom the said warrants shall be issued, or of any goods and chattels in his possession, wheresoever the same shall be found within said county, and to pay the same to the said county treasurer and return such warrant within twenty days after the date thereof ; and no claim of property to be made to such goods and chattels so found in the possession of the said party shall be available to prevent a sale. After the return of any warrant, the county treasurer, if he deem expedient, may issue a second or subsequent warrant for the taxes still remaining unpaid, with such percentage and interest and fees. Every collector shall hold his appointment during the pleasure of the county treasurer, and may, at any time, be removed or suspended by him, and the county treasurer and his sureties shall be liable for any collector and for all money that may be collected or received by him. No warrant shall be delivered to any collector until he shall have executed and deposited with the county treasurer a bond to the said treasurer, with two or more sureties, approved by said treasurer, and acknowledged in the manner required for the recording of conveyances of real estate, and conditioned for the faithful performance of his duties as a collector of the taxes specified in such warrant, and for the faithful accounting and paying over to the treasurer of all moneys that he may collect or receive under such warrant. If any collector shall fail to return any warrant issued to him, as heroin required, or shall fail to pay over to said treasurer all money collected or received by him. or shall fail to render a full and true account thereof, the supreme court, or any justice thereof, shall have jurisdiction, on proof by affidavit or otherwise, summarily to enforce such return, payment or accounting, or all, as the case may be. by attachment and proceed- ings thereon, in the same manner as if such collector was a sherift" or officer of that court ; the interest and additional percentage shall be 218 CnAKiKK Law oi hie Old Charter paid to the county treasurer with the tax, and shall be added to the contingent fund of said county. The said treasurer, immediately after receiving the bond of any collector, shall file the same in the office of the clerk of Monroe county, and the same shall be a lien upon the real estate of any person executing the same, situated in said county ; said collectors shall have full power and authority to execute such warrants in any part of the county. If any such collector shall neglect and refuse to pay over any money collected by him, he shall be deemed guilty of a misdemeanor. (Z. 1880, Ch. 14). § 120. Collectors' sales and notices — The said collectors shall give a public notice of the time and place of sale of the property to be sold, at least six days previous to the sale, by ad- vertisement to be posted up in at least three pub- lic places in the ward or town where such sale shall be made. The sale shall be by public auction. (/. 1880, Ch. 14). 5? 12 1. Disposition of surplus on col= lectors' sales — If the property distrained shall be sold for more than the amount of the tax and percentage and interest, and the cost of such distress and sale, the surplus shall be returned to the person in whose pos.session such property was when distress was made, if no claim be. made to such surplus by any other person ; if any other person shall claim such surplus, on the ground that the property sold belonged to him, and such claim be admitted by the person for whose tax the same was dis- trained, the surplus shall be paid to such owner ; but if such claim be contested by the person for whose tax the property was dis- trained, the surplus money shall be paid by the collector into the county treasury, there to be retained as a special deposit until the rights of the parties shall be determined by due course of law. (/,. 1880, Ch. 14). City ok Rochester 219 old Charter § 122. Sale of land for county taxes — All lands upon wliicli the said county taxes shall remain unpaid on the first day of June shall be liable to be sold for the taxes thereon in the following August, as provided by " An act to authorize the treasurer of Monroe county to sell property for unpaid taxes," passed April sixth, eighteen hundred and seventy-seven. (Z. 1880, Ch. 14). Note — The above § 122 was pnibably repealed by L. 1884, Ch. 107, "An act in relation to the collection of taxes in Monroe county." Published in full, this lx)ok,/(>.r/. See Inde.x. § 170. Payment of public improve- ments — Whenever by order of the common council any new street or alley shall be laid out, opened or worked in said city, or any sewer, tunnel, drain, vault, dike, levee, embank- ment or bridge shall be declared to be a public necessity or extended to or beyond the city limits, or any other public improvement is to be made, it shall be the duty of the common council to determine what portion, if any, of the expense thereof ought to be paid from the public treasury, and what portion, if any. ought to be paid by local assessment, and to 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 pro- portion to the benefit which each will derive therefrom. The common coimcil mav main- tain, improve, embellish as it may deem ad\ is- able, and protect any public park, street, scpiare or area in said city, and grade, sewer and pave the streets and alleys thereof and make, grade and improve sidewalks about the same or anv part thereof. And they may cause the whole expense thereof to be assessed upon all the lots and parcels of land where the .streets, parks, squares or areas are situated in propor- tion to tile benefit which eacii lot or parcel will derive therefrom. (As timcndcii /..\cyo^^,Cfl^2,^^^• ^. ()(>. 10 1. 10^. 106 and 107. Statute authorizing^: a local assessment must provide for notice— McLaughlin vs. .Mill.r. \z\ N. \. \\o : Kt-ni'-i 11 \s. Whcrln. 10; N. \'. 57 V «j 17 V F^roceedinjrs to acquire lands for improvements ; purchase — Whenever the conunon council shall determine to make any of the improvements in this title specified, or to obtain any lands, or rights or easements therein, for the purposes of .Mount Hope ceme- tery or any other corporate purposes mentioned in this act. and that the lands of any person or corporation, or any right or ea.sement there- in, will be necessar)' for that purpose, they shall enter upon their minutes a resolution or ordinance declaring such determination, con- 224 Charter Law of the ( »Id Charter taining a description of the land, or right or easement so deemed necessary ; and also that part or portion of said city, which said com- mon council deem will be benefited by said improvement therein, they may purchase the land, or right or easement therein deemed nec- essary, of the owner thereof, and make him such compensation as they shall judge reason- able ; and, thereupon, shall receive from such owner a conveyance thereof to the city, and, for the purposes of such purchase or negotia- tions therefor, they may authorize the execu- tive board, or commissioners of Mount Hope cemetery of said city to negotiate therefor, sub- ject to the approval of said common council. (As aviended L. 1892, Ch. 190). Note — As to acquisition of lands, see White Charter, § 149, this bool<, p. 109. Wide discretion as to area benefited — In re extension of Cliurcli Street in city of New ^'ork, 49 Barb. 455. J? 174. Common council may order condemnation of lands; filing map — In case the said common council, executive board or commissioners of Mount Hope cemetery are unable to agree with the owner for the pur- chase of any real estate or lands, or right or easement therein, required for the purposes aforesaid, the said common council shall have the right to acquire title to the same, in the manner, and by the special proceedings pre- scribed in this act, and for that purpose, a map of said street, alley, square, park, cemetery or other public improvement, or right or easement desired, shall be made and hied in the office of the city clerk, and of the county clerk of the county of Monroe, showing on such map the lots, tracts and parcels of land, and right or easement therein which are deemed neces- sary to be taken, and the commencement, course and termination of the road, street, al- ley, square, cemetery, or park proposed to be laid out, widened, extended or altered, or of CllV OK K<)» MKSIKK Old Charier the sewer or other work or improvement pro- posed to be made in or through the land so to be taken. And said common council may also direct the city attorney to take proceedings provided for in this act for the acquirement of the same. {As amt-iuhul /.. iS()j. ('//. 190). Private property not to be taken without compensation and as prescribed by law — Siatt- ("onsiiiiiiiDn. Aii. I. ijij (> and 7. Lands outside city limits may be con- demned— 1. it tie vs. City ot Kochesur. 17 Weekly Digest. 51;,. Lands held h\ corporation may be taken as those of an individual— Matt. r of Kmiu-ier. 66 N. V.4i;v City can institute condemnation proceed- ings in either supieme or county cmiris ; a party can interpi s ; any legal objection; an action cannot hi- brought to enjoin proceedings — Hooker vs. City of Rochester, 57 h\i\i. I)iv. ^ya; affirmed, 172 N. Y. 66;;. 5? 175. Application for appointment of commissioners; publication and ser- vice of notice — 'I'lu- comuinn tduncil or cit\ attorney, shall, after the tiling of the map here- inbefore provided, cau.se to be published for ten days, in a daily newspaper published in said city, a notice specifying and descriliing the lands or the right ot easement therein de- sired, necessary for the improvement or pur- pose hereinbefore mentioned, and the |>orlioii of the city deemed to be benefited bv reason thereof, and that an appli( ation will Ik* made to the county cotirt of thecoimty of Monroe or to a special term of the supreme coiut. to be held in the seventh judicial district, at .1 lime to be specified in said notice, for the appoint- ment of commissioners to a.scertain and ap- praise the compensation which the owners, ten- ants or occupants of such lands and buildings, or rigiits and easements therein desired, or per- .sons interested therein to be taken, will be en- titled to for the same. The common council, or city attorney, shall also, at least ten days before the time named for such application. 2*26 CiiAKiKK Law oi iiik Old Charier cause a notice to be served on each of the owners of the premises, or rights or easements therein, to be taken, who are residents of said county, provided that the fact of such resi- dence be known to or can, by reasonable diU- gence, be ascertained by said city attorney, or upon the occupants of said premises, either personally, or by leaving the same at their several places of abode, or in case no person can be found at the time of making the service residing at said place of abode with whom to leave such notice, then such notice may be served by posting the same in a conspicuous place at such place of abode, or upon the premises sought to be taken, and upon the agent of any non-resident owner. pro\ided such agent reside in the city, and his name shall have been entered in a book to be kept by the city clerk for that purpose, the service to be made on said agent may be personal, or in the manner provided for the service of notice upon owners or occupants aforesaid. (^.r amended L. 1892, Ch. 190). ^ 176. Appointment of commission- ers; qualification ; power of court to amend ; conveyances sub.sequent to com- mencement of proceedings — At the time in such notice spccilied, cjr the time to which the application may be adjourned, the said court, upon filing proof by affidavit of the publication and service of such notice, as in the last sec- tion specified, or upon sufficient rea.son being shown for the omission to serve such notice, and upon hearing the city, by its city attorney, (ir person designated by liim for that purpose, and also the parties interested, if desired, shall appoint not less than three, nor more than five, commissioners of appraisal, who shall be free- holders of said cit)-. not interested in any of the lands, rights, easements or buildings sought to be taken, nor of kin to any owner or occu- pant thereof. The court to which application shall have been made, as hereinbefore speci- Cn V OK RorHKSIKK Old Charter ticci, sliall al.st> have power, at any time, to amend any defect or informality in any of the special ]5roceedinfj.s authorized by this act, in- cluding the map and notice aforesaid, as may be necessary or proper, or to cause new parties to be served with notice, and to direct the manner of service thereof, as it deems proper, and also to appoint other commissioners in the place of any who shall die, or refuse or neglect to serve, or be incapable of serving; and such amendment may be made at any stage of the proceedings, and where the mode and manner of conducting all, or any of the proceedings to the appraisal are not expressly provided for by this act, the court before whom such pro- ceedings may be pending, shall have the power to make ail the necessary orders and give the proper directions to carry into effect the object and intent of this act; and the practice in such cases shall conform, as near as may be, to the ordinary practice in such court: and the power of amendment shall be exercised as liberally as directed to be exercised in and by such court in actions by section seven hundred and twenty-three of the code of civil procedure. When any proceedings of appraisal shall have been connnenced, no change of ownershi|) by voluntary conveyance, or other transfer, of the real estate, or right of easement, or of any inter- est therein, or of the subject-matter of the ap- praisal, shall, in any manner effect such pro- ceedings, or the easement made thereon, but the same may be carried on and perfected as if no such conveyance or transfer had been made. (As amended I.. ij ; notice: damajLies awarded — The said commissioners. .so appointed, shall take and subscribe the oath prescribed by the twelfth article of the constitution. Any of them may issue subpa-nas and administer oaths to witnesses; a majority of them may adjourn the proceedings before them from time to time. CiiAKi KK Law <»i i iik Old Cliartfi in their discretion. They .shall alsoj^ive public notice, by a notice published daily for ten days in at least one of the daily newspapers author- ized to publish corporation n<;tices, of the time when, and the place where, they shall meet to enter upon their duties. At the time appointed, or at any other time or times to which they may adjourn, they shall proceed to view the lands and premises proposed to betaken, and hear the proofs and allegations of the parties, and, after the testimony in such cases is closed, they shall appraise the damages which the owner or owners, or persons interested, and if there be any occupants or tenants who may have a leasehold interest in the premises or rights or ea.sements therein to be taken for such public improvements or purpose, will severally sustain by being deprived thereof, and the compensation which they shall sever- ally receive therefor: the compensation award- ed to anv occupant or tenant aforesaid shall be deducted from the damages awarded tf) the owner or person interested in the land or right or easement therein desired to which th*^ right of such occupant or tenant exists. {.'Is amended /,. i8q2, Cll. 1()0). Ri};ht<; of parties to award in condemnation proceedings — In ix- kdclnsier, ric N. ^■. i5>;; Kin.n vs. .Nt.w \oik, lOJ N. \'. 171 ; .Mufiie vs. Urotiklyn. 144 N. V. 265; Hookt^r vs. Rocliesier. 17 J N. V. (>65; Utt»-r vs. Richmond. 112 N. V. 610; I'aUeixm vs. I'inphamton, SS Ilun 272. As to damages — In ix- taking Ihr fee of till, Ter rate, y^) St. Ke]}. 270; In re e.vtension of Cliiirch Street in the ciiy of Ntw York. 49 l?arb. 457: In re widtnin^ of South St. Paul St. in the city of Roches- ter, Ss Ilun 473; KinRsland vs. New York. V'^'-^^p. 4;?3; Troy & linston R. R. Co. vs. I.ee. 1 ', Harl). ifx). § 1 78. Report of commissioners ; fil- ing; fees; clerk — .Said coininissioners shall. as .soon as convenient, make their report, under their hands, or a majority of them, to the com- mon council of said city, in which report they shall describe, with all practicable certainty. CllV OK RoiHKSTKk "J'il* Old Charter the several pieces or pa 1. Li^ <»l land, aiul tlie premises, or rij^^hts and easements therein to be taken for such improvement, and the names and residences of the owner or owners thereof respectively, and the riglit of such owners, as far as can be ascertained, and the amount of thedamagjes or compensation whicli should be paid to each of said owners and occupants : they shall also hie duplicate copies of their report, one in the office ot the city clerk and one in the office of the clerk of Monroe county. They shall be entitled to the sum of three dol- lars each as their compensation for each day on which they are actually and necessarily em- ployed, and shall be entitled to the service of a clerk in takinj; the minutes of the te^limon^ j^iven before them, and keepinj^ minutesof their proceed injjs. for which said clerk shall receive three dollars for each day spent by him in the business of said connnission. It shall be law- ful for either of said commissioners to act as such clerk, and. in that e\ent. he shall receive the additional compensation granted to a clerk, as aforesaid, in addition to his per diem fee allowed as commissioner, (.^s amc/n/fi/ I . I S9.;, Cfi. rQo). >( 171). Cunfirniatioii of report I pon the tiling ol siu h irpoil tiie s.iid lonunoii loun cil shall assign .» lime for hearing objections to the conlirm.ition thereof, and at the time assigned shall hear the allegatif)ns of all per- .sons interested, and may take proof in relation thereto from time to time, and shall confirm the said report or may set the same aside and refer the matter to the same or tonew < onunissioners to be ap|)ointed by the said court as l>efore. who shall, thereupon, proceed as hereinbefore providid. }Jut the coimnon council may set aside said report and abandon said improve- ment at an\ time before the final confirmation of the as.sessment "•'! I1. nin.ift. i ujentioned. (/-. 1880. Ch. 14 » See note iin .Schni kum < .1^. . \\>\\ p.i^i-. 'I'M) C'li \k ii-.K Law oi ihi. old CMiarter Report of commissioners cannot be set aside arbitrarily — Schneider vs. City of Roriiesler. K'O \. \'. 1(13 (lSi)(;). N'oTK — In Sclineider case, \ eoman, J., ivsiiained setting aside award and held § 179, unconstiuitional (8 Misc. 652; reversed, 90 Hun 171 ( 1S95); ap|)eal dis- missed by Court of Appeals, 155 N. V. 619). Upon trial, judgment for defendant. (Affirmed on appeal. )3 App. Div. 45S : reversed, 160 N. \'. 165, siipru). l^itigation, in re Northern Trust Co. etc. vs. City of Rochester, later forced the city to abandon the im provement. Case not reported (1900). § 180. Possession of lands condemn- ed ; filing of report — If such report i.s not appealed from in thirty clays as hereafter provided or whenever .such report is finally confirmed, the common council, the executive board, the city or the commissioners of Mount Hope cemetery may take the lands and prem- ises, rights or easements specified in the report of such commissioners and which have been determined by the common council to be necessary for such improvement on paying the amount of damages or compensation awarded to the owners or occupants thereof in such report less the amount of any assessment made against .such owner or occupant for any part of the expense of such improvement when such assessment has been made or depositing the same in .some bank in the city of Rochester to the credit of the per.son to whom the same is awarded less such assessment if any as aforesaid. If the assessment for any improvement has not been made and the common council desires to get possession of the lands, rights or easements condemned it may cause the whole award to be deposited in some bank in said city to the order of the persons entitled to the same sub- ject however to the deduction of any taxes and assessments that may be liens on the premises taken and any assessments that may thereafter be levied for the expense of the improvement and upon such deposit being made said city shall be entitled to the immediate possession of Cirrv OK Kociih^ihK- 231 Old rhartri tlic premises coiulcmncd. At any time after the contirmation of such report the common council may direct that the duplicate copy thereof tiled in the office of the clerk of Monroe county hereinbefore directed by section one hundred and seventy-eir L'll \K I Kk I , \\V Ol III K Old C'liartcf proceedinij; shall meanwhile he hn)ii<;hl a^j^ainst said city or its otVicers or departments by rea- son of such defect other than to compel pro- ceedings to be taken to cause such deposit to be made and to condemn the interest not acquired. This amendment shall apply to condemnation proceedings, improvements and assessments hereinafter as well as heretofore taken or made by said city, its officers or de- partments. (As amended L. 1H97. Ch. 5j i.Si. Common council may borrow money to pay damajj^es — Whenever it shall he necessary, the coniiiK)!! council may borrow the whole or any portion of the damages so to be paid, and may cause to be executed, to secure the same, the note or other oliligations of said ritv. ( /.. 1880. Ch. 14). § i8j. When title vests in city of Rochester under this act — When any dam- ages shall be awarded and any assessment for benefits of the improvements in respect to which such damages are awarded shall be made upon the same person or persons or in respect to the ownership of any parcel of land a part of which or a right of easement therein shall be taken for such improvement, in that "case the said city of Rochester shall become vested with the title to such land or right or ea.sement therein so taken free from any and all liens and incumbrances of every kind and nature, upon paying or depositing or directing the depositing, according to the provisions of this act, the excess of the amount so awarded over and above the amount so assessed, and any other taxes and assessments which may be liens on the premi.ses taken ; and in ca.se the amount so awarded is less than the amount assessed, then upon the confirmation of the a.Ssessment roll containing the applica- tion of such award upon such assessment. Ci'iv j 1S4. Proceed injC'** stayed by appeal --The giving ol ^uch notice and (kli\ering such bond shall susj^end all further proceed- ings by the conunon council in relation to the taking of the lands and tenements, which shall be the subject of such notice, until a decision thereon, as hereinafter provided. ( /,. 1880, Cli. 14). !j 1S5. Count> clerk to ccrtity report to supreme court The county clerk of .Monrf)e (.ountv shall forthwith, after service of such notice upon him, certify to said supreme court a copy of the rejiorl of said commis- •.*^^. in sissinn laws. '2'M ( "ll \ k I KK I , \W 1 II in K ( >U1 ('luiittr signers, with the liioccedings and evidence had before them, tiled with him l)y said com- missioners. (/. icS8o, C7/. 14). § 186. Where and how appeal heard --At any general or special term of the su- preme court held in the seventh judicial dis- trict, the said appeal may be brought to hear- ing before said court upon eight days' notice given to or bv the said appellant. (Z. 1880. r//. 14). § 187. Preference of appeal; power of court — The said court shall consider the said appeal, and examine all questions of law, or of fact, that may be involved therein, and shall give the same a preference over other cases, and shall confirm or annul such report, as the said court shall deem just. In case of annulling said report, the said court may direct a rehearing before the same, or other commis- sioners, to be appointed by it, and in such case, the same proceedings shall be had on such rehearing, and for the examination, cor- rection and review of any subsequent report, as is hereinbefore provided. 'I'he said court may direct that any other party besides said appellant and said city be heard before the decision of such appeal, when it shall appear that such party has any interest to be affected by the determination of said court. (.'Is amended I.. 1892, CJi. 190). <5 188. Appeal from order of special term — In case such appeal shall be brought 10 hearing at a special term of said court, either party affected by the order of said special term may appeal therefrom to the general term of said court within ten days after notice of such order, by serving a notice of appeal in the usual manner of serving notices of appeal in said court, and if a party other than said city, by giving a bond con- ditioned and approved as is provided in sec- tion one hundred and seventv-five of this act. ClTV Of ROCIIKSIKR 235 Old (.hartci the said appeal shall be heard l)y the general term in the same manner as provided in the next preceding section, and the decision of said general term shall be hnal and conclu- sive. (/. i8So, Cli. 14). Appellate division has jurisdiction ot gen- eral term — Code Civil Pioc, § 2 jo. § 189. Costs on appeal; liability of sureties — In case the said report so made shall be con fumed in the supreme court, either at the special term, or by the general term on appeal, the obligors in the bond given to the said city, as before provided, shall be liable to pay to said city the same costs as are allowed upon appeal in civil actions, to be adjusted by the clerk of Monroe county ; and in case the said report shall be corrected or modified, the supreme court shall determine, under the cir- cumstances of the case, whether the applicant shall be entitled to his costs and expenses : and if the same be awarded to such applicant, they shall be the same as are allowed to said city, and be paid on adjustment by said clerk, by the conunon council of said city, as part of the contingent expenses thereof. ( /,. iHSo. 67/. 14). § if)o. Ordering assessment for dam- ages avsarded and expenses; publication of notice for hearing W henever the amount of dam.iges tor the taking of any lands and premises afore.said, or rights or easements therein, shall be fmally ascertained and fixed, in the manner herein provided, the I'ommon council may order that the assessors, if not interested in any of the property to be taken, shall proceed to apportion and assess the esti- mated expenses of the impro\ement. or the portion thereof to be assessed, as aforesaid, with the amount of such damages, and all tin- costs and charges of the city in the proceed- ings, upon the lots and parcels of land within the territory deemed by the resolution or ordi- nance of the common council relative thereto. -;■>•» CllAklKK l,\U «M I III- Old Charter to be iK'Hclitccl by siith iini^rox cmciit, as near as may be. in proportion to the benefit which each shall he deemed to receive thereby. Before niakiniini\ nf Monrof Vh. C'ilv <>f Kocliester. 134 N. N'. 570. § 191. Assessment roll; oath of as- sessors — Upon such order, the said assessors >hall, as speedily as may be, make and report to the common council an asse.ssment roll made in the usual form, in which roll they shall specify and set down in separate cohunns the names of all persons assessed, the description (tf the lots and parcels of land assessed, the amount to which each person shall be assessed, the amount of damages, if any. to which such persons are respectively entitled by the award of the commissioners, and the amount of the excess, if any, to be collected, which roll shall be delivered to the city clerk. The issessors shall severally take and subscribe an oath similar to the one prescribed in section two hundred of this act. and the assessment roll shall also have attached thereto an oath and leilificate similar to the one provided for in section two hundred and five of this act. (As nmt'iuicti /.. ICS90. C7i. 561 1. Assessment illej^al if lands are omitted Il.t.-san vs. Koi l.e>t' 1. (11; N. \ . 51(1. § 192. Time for allegations thereon before common council — Upon such as.ses.s- uient roll being made and hied, the common council shall assign a time when they will proceed to hear any complaints or appeals from the said assessment. (/,. 1880, C/i. 14). Appealing; from award lVo])l. v-. city of Svraciis.-. -S N.N". ;f,. (!i rv oi Koi iii-.~~i KK old Cliartfr § \()T,. Hearinjf allej^ations ; ameiid- injj, correctinjc. setlinj; aside and con- flrminjj assessment roll — At the time ap- pijinlecl for that purpose, and at other times to which the hearing may he adjourned, the com- mon council shall hear the allegations and proofs of all persons who may complain of such assessment, and may amend and correct the said assessment roll in whole or in part, or may set the same aside and direct a new assessment either by the same assessors or by such other persons as they may designate, and in such case the same proceedings shall be had as are herein provided on the first assessment ; or the common council may ratify and conlirm such assessment withf)Ut any corrections, or with such as thev niav deem proper. ( /.. 1880, C/,. 14). § 194. Assessment, ho\N collected - When the said assessment shall luuebeen con- firmed, the mayor shall annex his warrant therel(j, and the same shall thereupon be deli\- ered to. and be collected by the city treasurer, with fees of < ollecting added, as is prescribed in Ihis title. ( /. i.'^So. (7,, 1 | ) 5J lijs,. Damages paid, when and how \\ henever the amount of any damages for taking any lands as aforesaid shall be hnally a.scertained and h.xed. and the assessment roll shall have be;.'n hnally confirmed, the tommon council shall, within four months thereafter, pay the amount of such damages to the owners and occupants of l.inds and tenements, or to persons having any liens theix'on, to whom the same sh.ill ha\e been allowed, or deix»sit the same as hereinbefore provided : and in case such owners be unknown, non-residents of the said city, married women, infants, idiots or lunatics, or the right and interests of persons cl.iiming tiie same, shall, in tlie o|)inion of the said common council, be doubtful, it shall be lawful for the common council in any such case to direct the amount of ^uch damages to remain 238 fllAklKK \.\\V Ol I HI Old Chartfr with tlic trL-asurcr of said city, and it sliall be the duty f)f sucli treasurer to credit the same to tile parcel of land so taken, for the benefit of whomsoever may be entitled to the same. (/.. 1880, C7/. 14'). Decisions on daniag:es — Haminersley vs. Maj- or. 56 N. \ . 5 1 > : III iL .Stoiy, 8 St. kcp. 431 ; Ehvood v.s. City, 43 Hun ro2, alitirmed, 122 N. V, 229; Cutter vs. Mayor, g2 N. \. 166. $ \ij(>. When city entitled to pos5es- sion of lands ; obligation of city to pay damages — Until such damages shall be paid or said deposit made, or direction given, it shall not be lawful for the common council, or any of their officers or agents, to take or enter upon any lands or tenements for the taking of which any such damages shall have been allowed. But the said city shall not become obligated to take any such lands or tenements, nor to pay or deposit such damages therefor, nor shall the owners, occupants, or other persons having any liens thereupon, acquire any right to such damages, nor to be paid therefor, until the final confirmation of said assessment roll, as hereinbefore ])rovided. ( /.. 1880, C//. 14). Possession of lands - Detmold vs. Drake. 46 N. Y. 31.S. § 107. Appointment of guardian for infant in condemnation proceedings ; supplemental report When it shall be known to, or discovered by the common coun- cil, or city attorney, at any stage of the proceed- ings, before the said report is confirmed by .said common council, that the owner of any real estate or I)uilding appropriated, or right of ease- ment therein making any of the improvements herein provided for. is an infant, a guardian for him shall be appointed by the court in which such proceedings are had. to act for such infant in the premises, which guardian shall be a responsible person, approved by any judge of said court. It shall be the duty of the court to appoint such guardian on the application of ( )ld (liarter the mayor or atloniey of the city, or of the infant, or of some person acting in his or her behalf, and which ;;iiardian when so appointed shall see that the rights of such infant or in- fants are protected, and if tiie report of the commissioners has then been made, they shall reconvene and proceed to hear the allegations and proofs of the parties concerning the prop- erty or interest of said infant atTected by said proceeding, and make a supplemental re|)ort in the foregoing manner concerning tlu- same. (.-/.<• ameniiai I.. 1892, 67/. 190). $ 19S. How expense of improvement paid ; expense reported to assessors ; assessments how paid ; common council may authorize bonds to be issued — Whenever tiie ronunon council shall determine that the whole or any part of the expense of any improvement shall be defrayed by a local assessment and the expense of such improve- ment shall exceed in the aggregate the sum of one thousand dollars, it may be paid one-third in cash and the balance in the city's notes pa\ - able in one and two years with interest thereon not exceeding six per centum per annum, and in case such expense shall exceed ten th|)roven»enl shall be ascertained by the comptroller, including an\ damages or awards for the taking of lands, rights or easements and all expenses incident to the making of the improvement and assess- ment, together with any interest paid or ac- « rued at the time of computation on the orders, certificates of indebtedness or notes issued by the city to pay the expen.ses of such im provement. and interest on such amount shall I4tl ("lIAklKK I-AW <)l' INK Old ChartL-r Assessments for local improvements— < OiuiiuRd be reckoned to the lime tlie assessment or tirsl installment shall become clue. The aggregate amount thereof shall thereupon be reported to the assessors by the comptroller. Whenever the common council shall determine that the whole or any part of the expense of any im- provement shall be defrayed by a local assess- ment, it shall, in the final ordinance providing for such improvement, determine that the assessment therefor shall be and become due and payable in one sum or in an\ number not more than ten equal annual installments. Thereupon, the said as.sessment if payable in one sum or the first installment if payable in installments shall be and become due on the first day of the month following the month in which tile said assessment roll shall have been received by the city treasurer, if the assess- ment roll is received by said treasurer on or before the fifteenth day of the month, and if received after said fifteenth day of the month then such a.ssessment or installment shall be and become due and payable on the fifteenth day of the month following the month in which the said assessmenpoll shall have been receiv- ed by the city treasurer; and if payable in installments, succeeding payments shall be due in each succeeding year on the *date and month the first installment became due. In case any such dav is Sunday or a public holiday, other than a half holiday, the assessment or install- ment shall become due and payable on the ne.xt day thereafter. The treasurer shall col- lect and receive in addition to the amount due on any assessment or installment, interest thereon at the rate of five per centum per an- num from the date the assessment became due if payable in one sum, or from the date the first installment became due. if payable in in- stallments. At any time after the first install- ment becomes due and payable the person or persons liable to pay such assessment may pay *So in session laws. City of Rochester 241 Old Charter the entire assessment or any installment there- of, and accrued interest. The common council may from time to time cause to be issued bonds of the city to be known as local improvement bonds, the agn^regate amount thereof not to exceed one million rive hundred thousand dol- lars to be sold after competition upon sealed proposals at not less than par for such period as it may determine not exceeding twentj' years, and bearing interest at a rate not exceed- ing four per centum per annum, to provide the means necessar}- to pay all expenses incurred or to be incurred on account of local improve- ments, the expense whereof is to be collected in whole or in part by assessment from the prop- erty benefited ; and to pay and take up all acceptances, certificates of indebtedness, notes and orders heretofore or hereafter issued on account of such local improvements and inter- est thereon. The common council may also cause to be issued the city's certificates of in- debtedness for the same purposes. The pro- ceeds of the sale of such bonds or certificates of indebtedness shall be paid into a fund which is hereby created and which shall be known as the local improvement fund. There shall be paid from this fund all notes, acceptances and orders heretofore issued upon account of said local improvements, and not paid, and all notes, acceptances, certificates of indebtedness and orders hereafter issued upon account of said local improvements, and interest thereon, and all costs and expenses of said local improve- ments heretofore made or performed, and not paid for, and all costs and expenses of such local improvements hereafter made and per- formed. There shall be turned over to the credit of said local improvement fund all moneys now in the hands of the treasurer col- lected from local assessments ; and all amounts hereafter collected by the treasurer from assess- ments for said local improvements shall be paid into and credited to said fund. When any local improvement bonds, notes or certificates 242 Charter Law of the Old Charter of indebtedness, or interest tliercuii shall be- come due, they shall be paid from the local improvement fund, and if there shall not be sufficient money in said fund to pay and re- deem the same, the balance thereof shall be paid from the cit)' treasur}-, or they may be renewed or reissued, in the discretion of the common council. Any surplus interest accru- ing in the local improvement fund may be applied to the payment of such other cit}' debts as the common council may direct. Ever)' general tax or local assessment authorized by this act which has been assessed upon any prop- erty, real or personal, or upon the owners or occupants thereof, shall be and is hereby de- clared valid and effectual notwithstanding any irregularity, omission or error in any of the proceedings relating to the same, or in the making, levying and assessment of the same. Nothing herein contained shall be deemed to validate any assessment appearing upon any assessment roll heretofore made for a local im- provement, where such roll contains an assess- ment which has heretofore been declared invalid by the judgment of a court of compe- tent jurisdistion. (As last amended L. 1901, Ch. 719; also amended L. 1882, Ch. 120; L. 1887, Ch. 35 ; Z. 1890, Ch. 561 ; L. 1899. Ch. 393 ; Z. 1 901, Ch. 200). $ i(j9. Assessors shall make assess- ments upon receipt of certificate of comp- troller — Upon the receipt of the certifi- cate of the comptroller as to the amount of the expense of a local improvement, the assessors, if they are not interested in any of the property directed in the ordinance or any other subsequent resolution to be assessed as benefited, and if any two of them are not so interested, then such two shall make an assessment upon all the lots and par- cels of land within the portion or part of the city directed to be assessed, of the amount of expense in proportion as nearly as may be to City ok Rochester 243 Old Charter the advantaj^c which each shall be deemed to receive by the inakin<^ of such impro\eiiient. The expense of sprinkling streets, cleaning streets, care, embellishment and maintenance of streets, and cleaning of sidewalks done pur- suant to an ordinance of the common council shall be certified by the comptroller to the cit\' assessors, who shall in the preparation of the next assessment rolls for general city taxes in- sert against each lot or parcel of land the amount of expense in proportion as nearly as may be to the advantage which each shall be deemed to receive by the making of such im- provement, and allegations thereon shall be heard, and such assessment shall be collected at the same time and in the same manner as other city taxes. And the assessors shall have the power to amend and correct such assess- ments as they shall deem projjer, at the same time and in the same manner as other city taxes, and all the provisions of the charter of said city applicable to the collection of city taxes are hereby made applicable to such as.ses"sments. {As amended I.. 1901. Cfi. 719). § 200. Oath of assessors — It shall be the duty of the assessors to meet together at such time and place as shall be agreed upon by them, and thereupon severally to take and subscribe an oath before some officer author- ized to take aHidavits to be read in courts of record, that they are not interested in the premises described in the ordinance or any other resolution, to be assessed, and that they will faithfully and impartially discharge the duty imposed upon them by law, which saiil oath shall be forthwith returned and filed by the clerk of the city. In case any assessor shall not be able to take such oath, the citv clerk shall forthwith report the fact to the common council. i^As amended L. 1890, Cli. 5()i). § 2o\. Appointment of special com- missioners; powers and duties If there shall not be at le.isi two assessors found indif- 244 Chaktkr Law oi' the Old Charter ferent as aforesaid, the common council shall appoint one or more special commissioners not interested as aforesaid, to act with the as- sessor or assessors so found indifferent, or in case no assessor shall be found indifferent, then to act separately, who shall be sworn as aforesaid. The common council also, in any and every case, instead of designating assess- ors to make any local assessment, or to as- sess any damages, or to do any act, may ap- point three special commissioners for such pur- pose, who shall be sworn and shall have the same powers and be subject to the same duties, and who shall proceed in the same manner as is provided in reference to assessors ; and all provisions of law in reference to assessors of said city, and to their powers, duties and pro- ceedings shall apply to such special commis- sioners in each and every case, of their ap- pointment, except that the general assess- ment rolls of said city shall be made by assess- ors only. (As aviended L. 1890, Ch. 561). Note — As to assessors being interested in improve- ment, see White Charter. § 300, this book, p. 1S7. § 202. Assessment roll for local im- provements — The assessors or persons thus sworn shall proceed to make an assessment according to the said order, and shall make out an assessment roll, in which shall be en- tered the names of the persons assessed, so far as they can ascertain the same, the value of the property for which they are assessed, and the amount assessed to them respectively, with a brief description of the lots or parcels of land assessed. A designation of the lots or parcels of land so assessed, by any description sufficient to distinguish the same, shall be sufficient in making said assessment roll, with- out regard to the names of the owners or oc- cupants. (Z. 1880. Ch. 14). Assessment roll must Include state prop- erty wlien legislature autlinrizes local a.'^sessmenl — Hassan vs. City of Rochester, 67 N. Y. 528. City of Rochester 246 Old Charter Effect of omitting owner's name — Haight vs. Mayor of New ^'()lk, 99 N. Y. .:So. Effect of omitting any property — Savage vs. Buffalo, 45 .\. I,, j. /14. ;? 203. Compensation for special com- missioners — W hen assL'ssnicnls arc made by persons other than assessors, they shall, re- ceive such compensation for their services as shall be allowed by the common council, to be paid out of the contingent funds of the said city, not exceeding two dollars per day for each. (Z. 1880, Ch. 14). 55 ^04. Notice to hear allegations be- fore assessors- I innicdiately after such as- sessment shall have been completed, the said assessors shall determine the lime and place where they will first meet to hear the allega- tions and objections of all persons interested in said as.sessment of which, previous notice shall be given by publication in a daily news- paper published in said city; the first pub- lication to be made at least ten days before the time li.xed for said meeting. {.As amentfcd I.. 1890, Cli. 561 ). *5 205. Hearing of allegations; oath and certificate of assessors for roll; re- port to common council ; hearing before common council or committee; confirma- tion ; re-assessment before or after con- firmation. .At the time and place designated in such notice the asses.sors. or a majority of them, shall meet and hear such allegations and objections, and the assessment books shall then be opened for the examination and inspec- tion of all parties interested. The assessors may adjourn from time to time, as may be deemed necessaiy, and they shall amend and correct such assessments as thev mav deem proper. When completed, an oath, substantial- ly in the following form, shall be written or printed, upon or attached to. said roll and be signed by the a.ssessors or a majority of them, and sworn to before an officer authorized to 246 Charter Law ok the Old Charter administer oaths, namely: "Assessors of said city, being severally sworn, depose and say, and each for himself says, that the foregoing assessment roll was made by them in pursuance of an order or resolution of the common coun- cil of said city, that due legal notice of their meeting was given, and the same was by them adopted, after such notice and allegations thereunder, and is, according to the best of their knowledge and belief, a just and true assessment as against the persons or property to be benefited, and according to the benefit derived", and they shall also sign a certificate substantially in the following form, which shall also be written or printed upon, or attached to, said roll : "We do hereby certify that the fore- going assessment roll is a true record of our determination of the same, after having heard allegations thereon, and fix the amount as- sessed to the respective persons of property therein named, and the same is just and true," and thereupon said roll shall be delivered to the clerk of said city, who shall report the same to the common council at its next meet- ing. Upon such return being made, filed and so reported, the common council shall proceed to hear allegations against, and appeals from, the said assessment, and may correct, confirm, set aside or refer to its commjttee on assess- ments, or other committee, or order a new as- sessment to be made. If the same shall be referred to a committee, the said committee may proceed to hear allegations or objections, upon five days notice by publication, or may with- out such notice or hearing, examine and re- port to the common council, who shall there- upon proceed to correct, confirm or set aside said report, or order a new assessment. Any assessment made at any time heretofore as well as hereafter may after its confirmation be re- considered by said common council at any time, and the same proceedings may be had thereon, as herein provided before the confirm- ation thereof. In case of anv change in the City of Rochester 247 Old Charter assessment made after such reconsideration and the confirmation thereof, the amount paid on the original assessments shall be credited on the new or reconsidered assessment, and in case such payment exceed the said new or recon- sidered assessment, the amount thereof shall be repaid upon demand, and upon proper proof, to the person entitled to the same, and in case the amount so paid shall not equal the amount of the new assessment, the person and proper- ty against whom the same is assessed shall be liable for the balance, with the same effect as if said balance was the amount of the original assessment. {As amended L. 1S90, Ch. 561). § 206. Description of property and person in assessment; liability of owner. — Every assessment so ratified by the common council shall be final and conclusive. It shall be sufficient, in every assessment, to designate the owners or occupants of the lots and parcels of land intended to be assessed, either by name or as unknown, or to describe said several lots and parcels of land by any description by which they may be respectively distinguished. Every assessment so made shall create a per- sonal obligation or liability against the owner of the lot or parcel of land assessed to pay the city of Rochester the amount of such assess- ment, for the collection of which, together with interest, cost, and expenses, said city may maintain, in its own name, an action in any court of competent jurisdiction, in addition to any other remedies now provided by law for the collection thereof. ( /,. 18S0. Ch. 14.V Assessments may be enforced against per- sonal estate — Matter of Eisner. S6 App. Div. 207. § 207. Assessment roll deli>ered to treasurer; publication of notice for pay- ment — Whenever any assessment is confirmed by the common council, the assessment roll shall be delivered to the city treasurer, whose duty it shall be to give five days public notice, 248 Charter Law of the Old Charter by advertisement in two daily newspapers printed in said city, of the receipt of such roll, requiring the persons assessed, or the owners or occupants or the lots assessed, to pay the assessment to him at his office within thirty days from the first publication of said notice, except in cases where it has been provided that assessments may be paid in installments, and in such cases, within the time so pro- vided. (Z. 1880, Ch. 14). § 208. Treasurer may issue warrant for assessment — If such assessment, or any installment thereof, shall not be paid when the same becomes due, the city treasurer may issue a warrant therefor with interest thereon from time to time when due, besides collector's fees. {As aviended L. 1890, Ch. 561). § 209. Proceedings on warrant; un- paid assessments inserted in general city tax — The city treasurer shall issue his warrant as aforesaid to a collector commanding him to collect the amount unpaid on such assessment, with interest and fees as aforesaid, and shall annex to such warrant either a list of such assessments taken from the assessment roll, or the roll itself, which warrant shall be in the same form, and the same proceedings shall be had, as prescribed in the case of the collection of the general city taxes remaining unpaid, and all the provisions of the charter in relation to the collection of such general city taxes, the warrant therefor, the appointment, duties, fees and security of such collectors, the responsi- bility of the city treasurer and his sureties for such collectors, the jurisdiction of the supreme court in case of delinquencies, shall be appli- cable to every such assessment. In case any assessment or any installment shall have be- come entirely due and the whole or any part thereof remains unpaid and a warrant shall have been issued therefor and returned un- satisfied, it shall be the dutv of the city treas- CiTV OF Rochester 249 Old Charier urer to report the same to the assessors. Whenever any assessment or any instaUment thereof is so reported tlie assessors in pre- paring the next roll for general city taxes shall insert therein against the property on which it was assessed the amount of such unpaid assess- ment, with interest thereon, at the rate of ten per centum per annum from the time when due down to the first day of May thereafter. Such amount shall be in a separate column from the general city tax to be levied for the ensuing year. Upon the confirmation of such assessment roll, such amount shall be added to the general city tax and the entire amount shall be collected as hereinbefore provided in reference to general city taxes, and if such amount is not paid, the lands shall be sold therefor as hereinbefore provided. When such tax is collected, the treasurer shall credit the portion thereof which was due on any assess- ment to the proper fund. On as.sessments heretofore unpaid the property assessed may be sold for such as.sessments as heretofore provided by said charter. {As afiwiiilrd /. 1897. 67/. 784). Treasurer must accept tender of tax I Iiiicliiiison \s. ("itv of Kj i\o. Owner, not tenant, to pay assessment — In all cases where there is no agreement to the contrary, the owner or land- lord, and not the occupant or tenant, shall be deemed in law the person who ought to bear and pay every such as.sessment made for the expense of any public improvement in said city. (/. 1880. Ch. 14). 5? i\\. When suit brou^clit for assess- ment paid ; proportioninjj assessments or taxes W hen an\- such assessment shall be made upon or paid by any per.son, when by agreement or by law the same ought to be borne or paid by another person, it shall be lawful for the one so paying to sue for and 250 Charter Law of the old Charter recover of the person bound to pay the same, the amount so paid with interest. In case any tax or assessment shall have been levied upon any piece of land, and two or more persons are or shall have become the owners of portions thereof, the common council shall have the right to receive from the owner of any portion of such land his portion of the entire tax or assessment as the assessors shall certify to be just; and upon paying such amount, the property owned by him shall be free from the lien of such tax or assessment, and the balance thereof shall be and remain a lien upon the residue of such property assessed. This pro- vision shall apply to certificates of tax sales held bv the city and not foreclosed. (/. 1880, Ch. 14). Assessment for street improvement may be deducted from award — Little vs. City of Rochester, S7 Hun 493; aliiniictl, 156 N. Y. 6G7. § 212. Agreement as to assessments between persons, not affected — Nothing herein contained shall impair, or in any way atTect, any agreement between any landlord and tenant, or other person, respecting the payment of any such assessment. (Z. 1880. Ch. 14). ' § 213. Excess of assessment to be apportioned — If upon the completion of any such improvement, for which such assessment shall have been made, it shall appear that a greater amount has been assessed and col- lected than is necessafy to defray the ex- penses thereof, the common council shall apportion such excess among the persons and property a.ssessed in proportion to the amount collected of them, and shall pay the same to such persons, and the owners of such property, entitled thereto on demand. (L. 1880, Ch. 14). City of Rochester "J 51 Old Charter § J 1 4. Deficiencies, how assessed ; application of section; irregularities, etc., not to affect validity ; treasurer's warrant — If it sliall appear that a j^rcalcr sum ol iiKmcy has been expeiided in the completion of such improvements than was estimated as aforesaid, the common council may direct the deficiency to be assessed on the lots and parcels of land bene- fited by such improvements in the same manner as hereinbefore directed, and the same proceed- ing sliall in all respects be had thereon. The said common council may enlarge the territory to be assessed for such deficiency, in which case the same proceedings shall be taken as herein- before directed, for making assessments, as near as may be. And, if it shall appear that any greater sum of money than was originally assessed has been expended for the benefit of the same property originally assessed, although not embraced in the impro\ement as ordered by the said commissioners, the said commi.s- sioners may, in like manner, direct the assess- ment of the same upon the lots and parcels of land benefited thereby. This section shall be applicable, not only to future assessments and re-assessments, but also, to assessments and re-assessments heretofore ordered by the said common council. .And all assessments and re-assessmeiits heretofore made, or that here- after may be made for im|irovements in said city, shall be, and aie hereby declared to be. valid and effectual, notwithstanding any irregu- larity, omission or error in the proceedings relating to the same, and all questions con- cerning the same shall i)e determined in all courts and places liberally to sustain such proceedings, and with reference to the very right of the case, and not strictly. Treasurer's warrants may be issued for the collection of any or all of such assessments and re-assess- ments remaining unpaid, with the same force and effect, and all proceedings may be taken in like manner, and with like effect, as if no other warrant had before been issued. ( /.i88o,CV/. 1 4). 252 Chartkr Law of the Old Charter Note — As to vacating and reducingassessments, see White Charter, §§ 465-471, inclusive, this hook, fosf. Distinction between mistakes made in taxation for j^overnmental purposes and assess- ments for local improvements — Van Deventer vs. I.ong Island City. 1 >'^ N". \'. \^t,. ^ 215. Irregularities ; lien of taxes and assessments ; re-assessment ; record of sales — Kveiy tax or assessment authorized by this act which has been assessed upon any lands, tenements, or real estate, or upon the owners or occupants thereof, shall be, and is hereby declared valid and effectual notwithstanding any irregularity, omission or error in any of the proceedings relat- ing to the same, and shall be and remain a lien upon such lands, tenements or real estate in respect to which the same have been made, from the time of the passage of the resolution of the common council levying the same in the case of the annual city taxes, and from the time of the confirmation by said com- mon council of the roll containing the same, in the case of other taxes and assessments, and until the same shall be actually paid and satisfied. In case any assessment shall remain unpaid on account of any irregularity, omission or error in any assessment for a local improve- ment or of an annual city tax, or in the pro- ceedings relating thereto, or in case of error in the description of lands, tenements or real es- tate, or in the designation of the owners or occupants, the common council may, in their discretion, proceed to correct such irregularity, omission or error, and cause the amount so unpaid to be re-assessed on the property deemed to be benefited by such improvement, or assessed in such general cit}' taxes, or upon the owners or occupants thereof, and the com- mon council are hereby authorized and empow- ered to have such re-assessment made in the same manner as the original assessment should have been made, and to direct the treasurer to City ok Rochkstek 253 Old Charter correct any such irregularity, omission or error, and such re-assessment or correction shall have the same effect as if the assessment had orif,nn- ally been properly made. Whenever it shall appear by the judgment of a court of competent jurisdiction that any assessment for a local im- provement is illegal or void for want of juris- diction in making the improvement or assess- ment, or for any other reason, and any portion thereof remain unpaid, the common council may pass a resolution or ordinance designating the improvement so made, the whole expense thereof including any and all interest thereon to the date of the re-assessment, including any and all that might be imposed as provided by this act in the case of local assessments, and the part or portion of the city deemed to be benefited thereby, and may assess the lots and parcels of land in such territory described for such expense, according to the benefit received, and proceed in all respects as in cases of assessment, and such action shall have the same valid and binding force as if the same had originally been properly done. Whenever any moneys shall have been paid for an assess- ment, ancl a re-assessment shall be made in pursuance of this section, the amount shall be credited on such re-assessment to the property on which the assessment was made, and in case of any alteration in the assessment by such re-assessment, whereby the amount so paid shall exceed the amount re-assessed on the same property, such surplus shall be paid to the person who may have paid the same, and in case it shall be insulVicient to pay the amount re-assessed, the deliciency shall be col- lected in the same manner as other assess- ments. It shall be the duty of the city treasurer, within thirty days after any sale of lands for taxes, to furnish to the county clerk of Monroe county, a list of such lands sold, specifying when, to whom, for what time, and the amount, for record, which list the county clerk shall record immediately after receiving 254 Charter Law of the Old Charter the same, in a book provided by the city treasurer for that purpose, and the amount of such sale on each lot or parcel of land, shall be a lien thereon, and take precedence of any incumbrances whatever. (As ainciuied L. 1897, Ch. 784). Money collected under assessment valid on face cannot be recovered until assessment is set aside — Trimmer vs. City of Rochtster, 130 N. Y. 401. § 216. Power of common council to construct and repair sidewalks, pave= ments, etc. — Whenever the connnon council shall deem it expedient to construct any side- walk or pavement within the said city, they may, by ordinance or otherwise, require the owner or occupant of any lot or house adjoin- ing such street to lay such sidewalk, or con- struct such pavement to the center of the said street, in front of his or her lot or house ; or they may direct such sidewalks and pavements to be made according to the provisions of this title. The common council may, in like man- ner, by ordinance or otherwise, under such penalty or penalties as they may prescribe, require the owners and occupants, or either, of land in said city, or in any specified part thereof, to repair, maintain and reconstruct sidewalks, pavements and street improvements adjoining their respective premises to the cen- ter of the street or alley, in such manner as the common council, by ordinance or otherwise, may direct ; the expense to which any occupant or tenant may be thus subjected may be col- lected by him from the owner of the premises, unless otherwise agreed, or unless such tenant or occupant be bound to bear such expense by the terms or nature of the agreement under which he holds the premises. (Z. 1880,6'//. 14). $ 217. Power to collect expenses for widening streets, etc. — Whenever the own- er or occupant of any lot or house shall refuse or neglect, within such time as the common CiTv or Rochester 255 Old Charter council shall have appointed, to conform to any regulations made by the common council for widening streets, or for any other purpose, it shall be lawful for the common council to cause such regulations to be enforced at the expense of the city, and to recover the amount of such expenses, with damages, at the rate of ten per cent, with costs of suit, of the owner or occupant of such lot or house, whose dut}' it was to conform to such regulation. Upon any judgment recovered in said action, an ex- ecution may be issued against the person of the defendant therein, after one against his property shall have been returned unsatisfied. (Z. 1880, Ch. 14). § 2S6. Assessors to be furnished with descriptions of real estate; maps, etc., to be filed with the assessors; deeds to be presented to assessors be- fore recorded — Tiie common council may, from time to time, direct the city surveyor to prepare and furnish to the board of assessors for their use, a brief description of any real estate in the city, or to prepare a roll or rolls of any real estate in the city for said board of assessors, exclusive of valuation. The com- mon council may also take such measures as they shall deem expedient, to make the office of the board of assessors the repository of such maps, records, documents, surveys and other matters as may facilitate the full and accurate description of the real estate in the city, and direct the manner of keeping them ; and shall provide that the same shall so be kept as to siunv tlie names of tiie owners and claimants of each piece or parcel of land, as far as tiie same can be ascertained. For the purpose of enabling the said board to prepare and per- petuate a more perfect record of the names of such owners and claimants, ever)- deed of con- veyance of lands in said city, or other instru- ment in writing, whereby the ownership of said lands shall be changed, made and executed 256 CiiARTKR Law ok thk Old Charter after the first clay of May, one thousand eight hundred and sixty-five, shall, before the same shall be received for record by the county clerk, be presented at the office of said board of assessors, who shall, without fee, note the said transfer of title upon the map in their office, and also note the fact of such presenta- tion upon said deed. But nothing herein con- tained shall be construed to affect or impair the validity of any record in the county clerk's office. (Z. 1880, Ch. 14). § 289. Maps of subdivisions of lands in city must be filed and assessors given notice; misdemeanor — Before the owner of any tract or parcel of land situate in the city of Rochester shall sell or con- vey to others any portion thereof in subdi- visions of such tract or parcel, he shall cause a map of such tract to be made, showing the subdivisions thereof, with the numbers of their lots and their dimensions, and all proposed streets, lanes and alleys, which map shall be filed in the office of the Monroe county clerk, and a copy or duplicate thereof delivered to the assessors of said city, and whenever such owner shall convey any portion of said tract in such manner as to effect a subdivision of any lots as designated in such allotment, he shall give notice thereof immediately to the assessors of the city, specifying the part so divided and the manner of division, and for every violation hereof such owner shall be deemed guilty of a misdemeanor and punishable as such, and every map made of a tract or subdivision afore- said at any time heretofore where any portion thereof in subdivisions of such tract or parcel has been sold or conveyed heretofore, shall be by the party owning said tract, and conveying the same within one month after the time when this section, as amended, takes effect, filed with said county clerk, and such owner shall deliver a copy, or duplicate thereof to said assessors, and for a failure so to do, such City ok RornKsiKR '257 (Jkl Charter owner sliall be deemed guilty of a misde- meanor, and punishable as such. (As nmenJed /.. 1890. C/i. 561 ). Assessors shall make annual list of real property exempt from taxation, puhlisli iIil same and traiiMiiil ttate i oiiiiJirnllLr. (I.. H/OO. Ch. 6S9). Lien of cit> taxes superior to lien acquired by private purchaser at county tax sale — ( iij of Rochester vs. Kapell. 86 App. Div. 224; attirnied by Court of .Appeals, Dec. 19, 1903. This case is not yet reported, and has been affirmed since p. i.Si;. this book, was printed, where said case is noted. 258 Chakikk Law or thk White ("harter ARTICLE IX DEPARTMKN r OK CUARl'llKS AM) CORRKCI'lON § 339. Commissioner of charities and correction; deputy — There shall be a coininissioner of charities and correction appointed bv the mayor, within ten days after the beginning of e\-er)- mayoralit}- term. Me shall hold office for two years, unless sooner removed by the mayor. He may appoint, to hold office during his pleasure, a deputy and such other subordinates as may be prescribed by the board of estimate and apportionment. (Z. 1898, Ch. 182). See note as to oath f)f otfice under § 61. White Charter, this l)<)ok. p 70. § 340. Bonds of commissioner and deputy ; vacancy The commissioner of charities and correction and the deputy com- missioner of charities and correction shall each give a bond to the city, with sureties, for the faithful discharge of the duties of their respective offices, in a penalt)' to be prescribed by the common coun- cil, which bond, as to its form and the sureties thereto, shall be approved by the mayor. In case of a \acancy in the office of com- missioner, the mayor siiall till mk h vacancy within ten days by appoint- ment for the remainder of the term. (/.. 1898, Ch. 182). See note a.s to ofificial bonds under § 6j. White Charter, this book, j). 70. § 341. Powers and duties of commissioner — The commis- sioner has the general care, management, administration and super\i- sion of the charities, alms-houses, hospitals, hou.ses of correction and all other similar institutions, the control or government of which belongs or is intrusted to the city : he shall make regulations for the C'nv oi KoCHKSTKK *JnH White Charter expenditure of the money of the city for the support or relief of the poor, and have the general supervision of such expenditures, and he shall furnish to the mayor a daily report of the aid and relief granted by him. with the names and addresses of all recipients, and he shall have such other powers and (hitics not inconsistent with the provi- sions of this act or the other laws of the state, as may be prescribed by the ordinances of the common council. ( /.. 1S98. Ch. 1.S2V § 342. Overseer of the poor — 'I'he commissioner shall appoint. to hold office during his pleasure, an overseer of the poor and as many assistants as may be prescribed by the board of estimate and apportionment. ( /.. i89(S, Cli. 182). § 34.V Bond of overseer — The overseer of the poor shall give a bond to the city in such penalty, in such form and with such sure- ties as the commissioner may prescribe and approve, for the faithful discharge of his duties. ( /.. iS()8. Cli . 1S21. See note as to ottirial bonds iiiuler 5; 'i-. While < liarter. lhi> l»o. 27. ;<). 5<^>. § 315. City the ONN ner of supplies The city shall continue to lie the owner of all articles or su|)plies furnished to any poor person or applicant until the same are consumed. If any person to whom the same shall be furnished shall .sell or exchange the same for money. 01 intoxicating liquor, or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor. (A. 1898. Ch. 182). 260 Chartkk Law ok the White Charter 55 346. City not liable — Nothing contained in this article or the preceding article shall be deemed to make any city liable for the support or relief of any poor person when it is not otherwise so liable. (Z. 1898, Ch. 182). >JoTE — §§ 347-356, inclusive, omitted in White Charter as first enacted. Provisions of Old Charter as to the support of the poor (L. 1880, Ch. 14. §§ 236-240, inclusive), not printed herein. Laws may be passed as to cliaritabie institutions^ State Constitu lion, Art. \11I. SJ 14. Money may be appropriated for the support of charitable institu= tions — I.. 1895, Ch. 754, as amended L. 1902, Ch. 155. Poor officers may bind out apprentices — Domestic Relations Law. § 73 ; but not without court order in Monroe county — L. 1897, Ch. 743. Commitment of children as vagrants — Penal Code, § 291. Employment of children in factories — Labor Law. iJS 161-173. Children may be placed in asylums or homes without judicial proceedings — People cx rel. Horton vs. Fuller, 41 App. Div. 404. Imitations of natural butter shall not be purchased for use in charitable institutions— L. 18(^3. Ch. 364. State industrial school at Rochester — Managers, State Charities Law, § 1 20; Removal of school from Rochester — L. 1899, Ch. 167, L. 1902, Ch. 527, L. 1903, Ch. 599; Reception of children — People ex rel. Zeese vs. Masten. 70 Mun s8o. Old Charter >5 79. Overseerof the poor- The overseer of the poor of the city of Rochester and in case of his absence or inability to act, his deputy or assistant, when appointed by the common council, shall have the power to administer an oath to, and examine under oath any person applying to him for relief, and false swearing upon or at such examination shall be deemed willful perjury. He, and in case of his ab- sence or inability to act, said deputy or assist- ant, shall have the same power to institute City ok Kochksikk 2(31 Old Chart el- and settle cases of bastardy, as are now or hereafter may be conferred upon the superin- tendents of the poor of a county and shall pos- sess all the powers and authority of the over- seers of the poor in towns. No child in the county of Monroe under sixteen years of age shall be bound out by the superintendent of the poor of Monroe county, the overseer of the poor of said city, an overseer of the poor of any town in said county or any corporation authorized by law to bind out children except upon the order of some court or magistrate of competent jurisdiction. {As ametuic(f L. 1897. Ch. 743). 262 CiiAKiKK Law of thk White Charter ARTICLE X DEPARTMENT OK THE JIDICIARN Note — §§ 357-376, and 378-381, White (.Charter, as first enacted were repealed by I^. 1899, Ch. 581. These sections provided for a city court to supersede the local municipal courts in the cities of the second class. The only section left unrepealed was § 377, which appears below. POLICE COURT § 377. Judges of the municipal court may act as police justice — In the absence or inability of the police ju.stice. or in case of a vacancy in his office, either of the cit}' judges, or either of the judges of the municipal court shall perform the duties of such police ju.stice. (As amended L. 1903, Ch. 19). Note — It is the practice to enter a certificate on the police docket (under § 267. Old Charter, this book, p. 27S), whenever the police justice is absent and one of the judges of the municipal court is called on to preside. No'i'K — §§ 382-389. inclusive, omitted in WMiite Charter as first enacted. >; 390. Police court — There shall be a court of criminal jiuis- diction, to be known as the •■ police court," with tlie juri.sdiction aiul powers hereinafter provided. There shall be one justice of the court. (As (iffwnded /.. \^(y). C/i. 5S1). i? 391. Police justice ; term and salary — At the city elec- tion the office shall be tilled by election, and the justice so elected shall hold office for the term of six years, and shall receive an annual salary to be fixed by the board of estimate and apportionment, at not less than twenty-five himdred dollars per annum. {As ainended L. 1899, Ch. 581). See note as to oath of office under § 61, White Charter, ihi.'^ book, p. 70. City ok Kochesikk 'Hjy, White Cliarler § 392. Vacancy in office of police justice — Whenever a vacancy shall occur in the office of police justice, on account of the expiration of the term, or for any other cause, said office shall be filled at the next city election, and the person so elected shall hold office for the term of six years, provided, however, that until the first day of January, subsequent to the said election, the said vacancy shall be filled by the appointment of some qualified and competent person by the mayor. {As atncih/eil L. 1899, 6'//. 581). § 393. Qualifications of police justice — No person shall be eligible to the office of police ju.stice unless he be an elector, and has been an attorney of thi' supreme court of the state for five years. (Z. 1898, Ch. 182). I? 394. Exclusive jurisdiction of police justice — .Subject to the power of removal provided by sections fifty-seven and fiftv-eight of the code of criminal procedure, a police justice shall, in the first in- stance, have exclusive jurisdiction to try and determine all oft'enses triable in courts of special se.ssions. and shall have the powers and jurisdiction conferred upon such courts by section fift)'-six of the code of criminal procedurt'. and the ]i()lice justice, or other ofiicer acting; in his place, shall ha\e power to impose ;in\ sentence, punishment. *crime. imprisonment, or both, as is provided in such cases bv the provisions of the penal code or bv spt-cial statutes of the state i./> (inirihlc.l /.. i89(). ('//. 58 1). Public intoxication is a crime— lln- l.it|u<)i I :i.\ l-aw. § 40; «)rtii naiici- of ( ii\ nl K(H lisccl Ma\ II. iSc;;, {( I I : IVople vs. French. 102 N. ^■. 58^; Jury trial may be had I'eop).' v-, riitn.im. :; Tarktr's Cr. Xfi^U; I'enple \s. Kivncli. lOj N. \'. ,S ;; juris- diction of courts of special sessions— People vs. Mnlkins. 25 Misc. s.j.) : does not make disorderly person under CodeCrim. F'roc., !j$ 899-913 I'eojjle rx rcl. .Miniull VS. M.iikill. JO Mi-1 . i(m; persons con\ icted «)f drunkenness in Rochester shall be committed to Alonroe county pen- itentiary Alt in 1. l.iiion to ih.- M..nr.>( « . muUv \\..ikh<)ii-.r. I,. |S;S. ( h. |SS. l)id)lished in full this h.x.k. /','.f/. .^t-e index. See alsci. ( »ld Chail.r. § .'(.4. thi-. Ixiok. p. .'74. *.*^<) in s ssimi l.iws. I'rohaMv ^h(i\dd read "tini'." •J»)4 ClIAKlKK K.WV Ol IIIK White- Charter Police justice may sentence for one year and impose fine of five liundred dollars, or both, under l*enal Code, >; 15 I'toi)!^ i..\ rcl. lOliott \s. Webster. Monroe Co. Court. oi)inio» l)y .Sutlierlaiul. J.. (May, lyoi); People e.\ rel. Lydden vs. Webster, Supreme Court. Monroe special term, opinion l>y Nash. J., (tiled Nov. 2S. 19OJ). . 275. § 396. Bastardy proceedings — Every police justice shall also possess the powers and perform the duties of justices of the peace of towns in ca.ses of bastardy. .Such proceedings shall be governed by the provisions of the code of criminal procedure except that they may be held and (onducted before either one of the justices with the same force as if two magistrates were present. (Z. 1898, 67/. 182). Bastardy proceedings — diiXv r.. §(5 S^y^S6o. inclusive. [Jability of surety in bastardy proceedinjjs — IV-opk- ex rel. Kitten- thaler vs. Hi.nniiis. 151 N. N. 571. § 397. Office hours of police justice It shall be the duty of the police justice to be present at the police court rooms at such times and for such hours as the public interests may require, unless necessarily detained therefrom. {As (imeiulrii I.. 1S99. ('//. 5.S1 ). $ 398. Police clerk and a.ssistants ; powers and duties — The police justice shall have a clerk ot the court who shall be the confidential appointee of said justice, and who shall have the power to take informations upon which warrants for the arrest of persons charged with the commission of a crime may be issued by said justice. The clerk shall also have the ( 'irv OK Krn< -<'>'> White Charter power to issue iind sign subptenas, to adiuinister oaliis to wit- nesses, to make and sign executions, comniilmenls and tertiti- cates of con\ i< lion and lo certify to. and sign, copies thereof for the execution of any judgments rendered in pohce court, as police justice or as a court of special sessions. The clerk of the court shall receive all penalties and other moneys or fees, and shall pay the same into the city treasury once in each week, and shall cause monthly an itemized account of the same to be published in the official newspapers. The said justice shall have such other clerical assistance as the board of estimate and apportionment may prescribe ; all clerks to be appointed by the said justice shall serve during the pleasure of said justice. Said appointment or appointments lo be in writing and tiled with the clerk of the county in whic li the city is located, and with the l)oard of estimate and apportionment. Each of said clerks shall give a bond to the city for the faithful performance of the duties of their respect- ive offices, as said duties may be prescribed by the board of esti- mate and apportionment, with the approval of said justice in such form and fcjr stu h sums and with such sureties as shall be appnned by the board of estimate and ipportioimuiU. and shall tile the same with the lomptroUer of the ( il\ . The jiolice justice may appoint, and at pleasiue remove, a police (oiiit attendant, who shall perform such services as may be reipiired f vacancy 'J78 CMAkin< Law oi iiik Old ( haiiL-i (§ uT)' jiinsdiclion in case of all mistlcnieauors iiu loiifjcr exclusive (§ 3<;5) ; the steiiii/<;/ /.. i S90. C//. 56,). NorK — In the al>sciKe of the police justice one of the municipal court judges now presides in police court undtM Whiii- CliarUr. ($ ^77. this 1>ook. p. 2(^2. "280 (."harikk I,\w of rnK Old CluirttT MUxNlCIPAL COURT Note — Under auihority of ilit- Slate Coii.siituiioii, the legislature established the Miinici])al (.'ourt of the city of Rochester, by 1-. ICS76. Ch. 196. This act was consolidated with the Old Charter by L. 1.S80, Ch. 14, and the said court has been in continuous existence .since. The White Charter, as first enacted, created a uniform " City Court " for all citit s of the second class (L. 1898, Ch. 182, §§ 357-3^1)- which was to supersede the Municipal Courts of Rochester and Syracu.se, the City Court of Albany, and the Justice's Court of Troy. Before the White Charter went into effect these pro- visions were all repealed, e.\cepiinsments and hid in by the city, as set forth in § 104. Old Chart, r (as amended. L. 1S90, Ch. 5^)1. See this book. p. 20.4). The powers and practice of the Municipal Court are fully set forth in t. e provisions of the Old Charier, which, as amended to date, are as follows: ii 241. Municipal court — A court of civil juri.sdiclion, to \)c known as the " mu- nicipal court of the city of Rochester,"" is con- tinued and established in and for said city, with the jurisdiction and powers hereinafter provided, and the further jurisdiction and powers to have any and all process or papers issued by the clerk, deputy clerk, or one of the judges, executed and served anywhere within the county of Monroe, and all process and papers issued may be directed to and served by any constable of any ward within said city, or anv town within said county, or by the sheriff of said county or any of his deputies. The two judges of the said court now in office shall hold the said court in the said city as hereinafter provided. {Am,iiiit-tl I.. iSi^o. Ch. 561 ; /.. iresent state constitution. Art. \I. § iS. iJ 242. Judges ; term and oath of office- -'lIuTc shall l)e two judges of the municipal court to be elected as hereinafter provided. I'he judges now in office shall hold their oftkes for the respective terms for which they were elected. The judges ap- pointed or elected as provided in the charter shall take the oath of office prescribed by law before entering upon their duties, and file the same in the Monroe comity clerk's otVice. ( .4.<: ti»trni/r(f /.. 1901. ('//. 574)- Ii8li (HAkiKK Law ok iiik. Old Charter Oath of office shall be filed with city clerk — I'liblic Officers I,a\v, § lO; failure to take oath — I'enal Code §§ 42, 4;?; effect on official acts of failure to take oath — I'ublic ()tihters Law. tj iv § 243. Election of judges — At the city election next preceding the end of the term of office of a judge of the municipal court, the said office shall be filled by the election of a judge of the municipal court by electors of the city, and the person so elected shall hold the office for the term of six years, commencing on the first day of January, next thereafter. (As a)iu'>i(i('(I /.. 1901, C/i. 574 ). § 244. Vacancies; how filled — When- ever a vacancy shall occur in the said office, the same shall be filled by election at the next city election in the said city held after the happening of such vacancy, and the person .so elected shall hold the office from the first day of January next after his rlrction until the expiration of six years from the said first day of Januar}'^ thereafter. The mayor of the city in case of a vacancy shall appoint a person to hold the office from the date of the appoint- ment until the first day of January following the next city election. {.Is amciidcif I., kjoi. Ch. 574). § 245. Jurisdiction of the municipal court — It shall be the dutyof each of said judges to hold a court in and for said city of Roches- ter, to be called the municipal court of the city of Rochester. Lach of said judges may hold a separate court at the same time. .Said court shall be open for Ijusiness each day (.Sundays and legal holidays excepted ) at nine o'clock in the forenoon, and continue open during sea- sonable hours for the transaction of business, and shall have jurisdiction in civil actions and proceedings, and criminal proceedings, as fol- lows : {As anit'iuicd I.. 1903. Ch. 297). I.. In all civil actions and proceedings cognizable by law, by justices of the peace or justices' courts of towns or formerly of said city. {As amended /.. 1903. C/i. 297). I ClTV Ob RoCllESlKk 288 Old Charter 2. In actions aiisinj^ on eonlracls. express or implied, inchiciing an order, decision or judj^nient of any court of record, or a judge thereof, granting or directing the payment of any sum of money to any party or person for the recovery of money only, if the amount for which judgment is claimed does not exceed one thousand live hundred dollars, exclusive of costs; and also in actions of breach of con- tracts, express or implied, where the damages claimed and for which is demanded in the complaint do not exceed one thousand five hundred dollars, exclusive of costs. (As nnicnihii /.. 190;^, Ch. 297). 3. In a matter of account, when the sum total of the accounts of both partie.s, proved to the satisfaction of the court, does not exceed one thousand live hundred dollars. {As ns were not re- t;nacted in last amendment, .wz/n/. L. iqoj, Ch. 297. Inferior local courts hereafter shall not be made courts of record nor ha\ e equitx juris- diction M.ilr ( on^Ill uli. n. \il \ I . >; 1 ~>. Charter provisions existing before the con- stitution may be amended afterwards. Thi coiisliiiiliiin iloes not li.iv a retroai tivi- t'ffe( t — People e.\ rel. l^iriilier \^ ' n^..i\ i. M;^. - :- utimi-il. IS5 N. V. tot. -S() C'li \K TKk Law (h ihk Old Cli.iiu-i F-acts nece.ssary to jurisdiction will not be presumed, but must be proved — l!i;iuiliias v- Hogan, I (i A pp. 1 )i\ . v^- Jurisdiction in suits for violations of ordi- nances — Old Charter. !jfj 2(>>, and 2 3S, this Ix.ok, pp. 277 and ;50i . § 246. Process; practice; appeals; judgments; pleadinjj^s ; amendment; exe- cution ; bill of particulars ; offer of judg- ment; evidence of records or proceedings of court; direction of verdict — Process shall be made returnable before said court by its proper title, and shall be signed by a judge or by a clerk or deputy clerk of said court ;. either of said judges may hold said court, and may hear, try and determine any case or pro- ceeding brought in said court, when there is no demand made for a jury, or preside at a trial by jury ; but in case of proceedings in bastardy, said judges shall associate together for the trial and determination of the same. The process, pleadings, practice, trial by the court or jur}', fees, costs and disbursements, judgment by action or confession, and pro- ceedings thereon, shall be the same as are now provided by law for justices' court, except as otherwise provided in this act. In cases where the defendant is required by law to give bail on application for an adjournment, the amount of tlie penalty of the bond shall be fixed by the court, but shall not in any case exceed five hundred dollars. Appeal may be had from any judgment obtained in said court to the county court of Monroe county, in the same cases, in the same manner, and with like efTect as appeals are now had by law from judgments obtained in justices' courts. This court shall not have cognizance of any action where the title to real property shall come in question ; but where such question arises, the pleadings and practice shall be the same as are now provided by law for justices' courts in regard thereto. The clerk of said court, on the demand of a part^- in whose (lis 1)1 Koi HKSTKk "JHT Old Charter favor juclj:;mcnt shall have l)ccn rcnck-rL-d, sliall {jive a transcript thereof, wliich may he hied and docketed in the office of the clerk of Mon- roe county. The time of the receipt of the transcript by said clerk shall be noted thereon and entered in the docket, and from that time the judgment shall be a judgment of the county court. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county, and with the like etTect, in every respect, as in the county where the judgment was rendered, except that it shall be a lien only from the time of filing and docketing the transcript. But no such judgment for a le.ss sum than twenty-five dol- lars, exclusive of co.sts, shall be a lien upon, or enforced against real property. The pleadings in said municipal court shall be : 1. The comj)laint by the ])laintiff ; and. 2. 'I'he answer by the defendant. The pleadings may be oral or in writing ; if oral, the substance thereof shull be entered in the docket of the court ; if in writing, they shall be hied, and a reference to them shall be made in the docket, but such pleadings need not be verihed e.xcept as hereinafter provided. The complaint shall state, in a plain and direct manner, the fact.s constituting the cau.se of action. The answer may contain a denial of the complaint, or any part thereof, and also notice, in a plain and direct manner, of any facts constituting a defense or counter-claim. Either party may demur to the pleadings of his adversary, or to any part thereof, when it is not sutficiently explicit to enable him to understand it. or it c)i)2. § 247. Verified complaint; how served — In an action brought in this court, arising on contract for the recovery of money only, or upon account, the plaintiff, at the time of issuing the summons, may file with the clerk of said court a written complaint, setting forth in a plain and concise manner the facts or items of account constitut- ing the cause of action, specifying the amount actually due from the defendant to the plain- tiff', and for which the plaintiff will demand judgment. Such complaint shall be subscribed by the plaintiff" or his attorney, and shall be verified in the manner prescribed by the code of civil procedure for courts of record. Said summons and complaint shall be served at the same time by delivering to, and leaving with, the defendant personally a copy thereof, and may be served by any person of full age not a party to the action. ( /,. 1880. C//. 14). § 248. Answer to verified complaint — In case the defendant appears and answers said complaint, such answer shall be in writing and subscribed by the defendant or his attor- ney, and shall be verified as above provided for the verification of the complaint ; and shall contain, fir.st, a general or specific denial of each material allegation of the complaint, contro- verted by the defendant, or of any knowledge or information thereof sufficient to form a be- lief ; second, a plain statement of any new- matter constituting a defense f)r counter- claim. (/. 1880, C//. 14). ; 256. Justice of peace abolished — No person shall hereafter be elected to the office of justice of the peace in the said city of Rochester. (Z. 1880, Ch. 14). . ^ 2z^1. Judjiment rendered within ten days ; openinj; defaults by municipal court or county court ; appeal from such orders- In every case in whith. 1)_\- law, a justice of the peace is required to render judg- ment and enter the same in his docket within four days, the municipal court or a judge thereof is required to render judgment, and it must be entered by the clerk, in the docket of said court, within ten days after the cause shall have been submitted for final decision, any- thing herein to the contrary notwithstanding. Except as is herein otherwise provided, the said municipal court shall have the power to open defaults and set aside judgments ren- dered and entered therein, and executions issued thereon, upon such terms as may be just, in a case where the defendant shall fail to appear on the return day of process or on any City ok Rochjstkr 299 Old (Jliarter acljf)urnecl clay, where it is shf)\vn that manitest injustice has been clone and the defendant satisfactorily excuses his default ; but no greater terms shall be imposed than the pay- ment of the costs included in the judgment and the sum of seven dollars for opposin<^ the motion. The application therefor shall be founded upon affidavits, and shall be made within twenty days from the entry of such judgment, but the court may hear evidence concerning the matters speciried in the affida- vits upon the hearing of the motion. I'pon presentation of such application, the said municipal court shall issue an order, under the hand of one of the judges or said clerk, returnable in not less than five, nor more than eight days. rec]uiring the plaintiff to show cause, if any, why said judgment should not be set aside. A copy of said order, and of the papers upon which the same is granted, shall be .served upon the plaintitf, or his attorney, if he be an attorney of the supreme court, if one shall have appeared in the action not less than three clays prior to the return thereof ; the service upon the plaintiff to be made in one of the modes prescribed for the service of notices of appeal from justices' judgments to the county court, and upon such attornev to be in one of the modes j^rescribed for the service of papers in an action upon attorneys bv the code of ( ivil procedure. Pending such ap- plication and the determination thereof, the said municipal court may stav proceedings under any executit)n which shall have been issued. When a judgment shall be set aside, the action shall proceed as though no judg- ment had l)een rendered. In such a case where an execution has been issued and a levy made thereunder, the same mav, in the dis- cretion of the court, be allowed to stand as a security for the satisfaction of any judgment the plaintiff may finallv recover. Where a transcript of a judgment of said municipal court shall Ii;ne been hied in a case provided 300 Chartkr Law of the Old Charter Judgments, etc., of municipal court — Continued for in this act, the county court of Monroe county shall have power and authority to open the default and set aside such judgment in the case above provided and all proceedings thereon, and to order a new trial in said mu- nicipal court, upon such terms as may be just. The practice in said county court upon such application shall be the same as is herein pro- vided for like proceedings in said municipal court, except as is herein otherwise provided. The county judge or special county judge of Monroe county may, at chambers, issue the order to show cause returnable at a term of said county court, and such application may be heard and determined at said term. Upon application to the said county court, the defendant must show that, prior to the filing of such transcript, no application was made to the municipal court for like relief. The county court of Monroe county, or the county judge or special county judge, may stay proceedings under any execution issued upon said judg- ment pending such application. The judg- ment, and any execution and levy thereunder, may be allowed to stand as a security for the satisfaction of any judgment the plaintiff may finally recover, in case a new trial shall be ordered in said municipal court. This section, as amended, shall apply to any judgment heretofore or hereafter rendered in said mu- nicipal court. A fee of two dollars shall be collected by the clerk of said court from the person bringing to a hearing any such motion for the hearing thereof by the court, which shall be added to the costs of the party paying the same, if he be entitled to costs. Appeals may be taken to the county court of Monroe county, and thence to the supreme court, from orders made by the municipal court as afore- said, the same as is now provided in cases of appeals upon the law from judgments of said municipal court. (As amciidcd L. 1890, 67/. 561). City of Rochester 301 Old Charter § 2::;8. Suits upon ordinances; in- habitants or tax payers as jurors, etc., in city cases — Suits brought to recover any penalty or forfeiture for the violation of any ordinance of the common council of the said city, shall be brought in the name of the cit)' of Rochester, and shall be prosecuted under the direction of the city at- torney, or such person as may be deputed by him or by the police justice, or such officer as the connnon council may direct, and may in all cases be commenced by warrant, returnable forthwith without an affidavit, showing cause therefor, or without the giving of security ; no person being an inhabitant or tax payer of said city shall be disqualified for that cause from acting as a judge, justice or juror in any suit brought by or against said cit}' in any court, nor from serving any process, or sum- moning a jur}^ in any suit, proceeding or in- vestigation, to which the city is a party. Nor shall any judge or justice of a court of sessions or other court be disqualified to hear and adjudicate on an appeal in a case of bastardy or other matter originating in said city because he is an inhabitant oi tax payer thereof. (/. 1880, Ch. 14). Inhabitants not disqualified— White Charter. § 460, this Ixick, ]). ^ic>. Jurisdiction In suits on ordinances— old Charter, ij 2(>5. thi> Ixx.k. p. jj; ; penalties may be Imposed by common council — White Charter. }; 23, this 1.0., k, J). 35. § ly). No security required by city on adjournments or appeals In an action, suit or proceeding l^nnighl or instituted by or against the city, or executive board, or any officer of said city in any court or before any judge or justice, adjournments may be had, and appeals taken, in the same manner and with the same effect as if said city, board or officer were a natural person, except that no bond, undertaking: or securitv shall be neces- 802 Char IKK Law ok thk Old Charter sary to be executed by or on behalf of the said city, board or officer. And when any appeal is taken by said city, board or officer from any judgment or order, the same shall operate and create a stay of all proceedings under the judgment or order appealed from, as though an order creating such stay had been granted by a court or judge. This section, as amended, applies to any appeal taken, or action, suit or proceeding brought or instituted at any time heretofore and undetermined when this act takes effect. (As amended L. 1890, Ch. 561). § 284. Costs double for defendant in suits against officers under this act — If a suit shall be commenced against any person elected or appointed under this act to any office, for any act done, or omitted to be done, under such election or appointment; or against any person for having done any thing or act by the command of any such officer; and if final judgment shall be rendered in such suit, whereby any such defendant shall be entitled to costs, he shall recover double costs in the manner defined by law. (Z. 1880, Ch. 14). City ok Rochestkr o(»:; White Charter ARTICLE XIV DKl'ARTMKXr OF LAW NoiK — Articles XI-XIII, inclusive, omitted in White Charter as first enacted. § 413. Corporation counsel and assistants — Ihere shall be a corporation counsel appointed by the mayor, who shall hold his office during the pleasure of the mayor appointing him. and he shall be the head of the department of law. He shall, by a certificate in writing, to be hied with the city clerk, appoint an assistant, a clerk and such other subordinates as the board of estimate and apportion- ment may prescribe, who shall hold their respective offices during his pleasure, and they shall discharge such duties appertaining tt) their offices as he ma\- direct. (/.. iSrjS, Cli. 1S2). Powers of deputies — Public otilicers Law, § i»; Oath of office, //. § lo; l-ailure to take oath of um on Actions Involving City or Ci r\ Okkukrs Taxpayers' actions against city officers — Code Civil Pmc, §§ 1925- IV31. See also L. iSSi.Ch. 531. as amended 1.. 1S.S7, Ch. 673; 1,. 1892, Ch. 301. and numerous cases cited thereon, Cumming and (lilhert's General l.aws. Vol. II. p. j.|S(>. In taxpayers' actions costs should not be awarded a};ainst public officers unless they have aittd wilh m()s> ni>;lint.'iu <•, in li.nl t.iiih .n with nialici — ( )'C()nnor vs. Walsh as Mayor, 83 .\pp. Div. 179. Legal expenses of city officers when successful in actions, may be paid by tiie city 1.. i.S(>i). Ch. 700. Illegal employment by the city of any person may be restrained by ta.\payers' action — I'ei k vs. Helknap, 130 N. \'. 394. Service of summons against city — Code Civil Froc, § 431. Presentation of false claims a felony — Penal Code, § 672. False audit and payment of claims a felony — Penal Code, §§ 165. 166. NoTK — Memorandum continued on next page, J14. 314 Charter Law or the Memorandum on Actions Involving City or City Officers — Continued Presentation of claims to cliief fiscal officer necessary for costs — Code Civil Troc. § 3245. This section applies only to actions on contract and not to actions in tort — Gage vs. Village of Ilornellsville, 106 X. V. 667; Hunt vs. City of Oswego, 107 N. V. 629. Costs in actions brought in name of people for benefit of city — Code Civil Troc. § 3-4,v Cause of action against city arising from derogation of grant or covenant not barred l>y statute (if limilations — 1., Kyoi, (_"li. 6y). Act to facilitate the collection of judgments against city — L. 1880. Ch. 554. Accident caused by presence of snow and ice upon a street is not suf ticient to make city liable unless in addition thereto some negligence is shown — Crawford vs. City of New York, 68 App. Div. 107. Where city has assumed the duty of removing ashes and other rubbish which accumulates an arbitrary distinction in favor of .some inhab- itaiU> and against others, will not be tolerated. But where the force is insuffici- ent to remove everything, ashes may be removed from private residences and not from department stores, and the removal of trade waste is not mandatory in any event — People e.\ rel. Adams Dry Goods Co., vs. Woodbury, as Comr., etc., SS App. Div. 443. That portion of the labor law requiring contractors with munici- palities to pay the prevailing rate of wages held to be unconstitu- tional — I'cople e.\ rel. Rodgers vs. Coler. 166 N. \'. I. This law also iicld un constitutional so far as it requires municipalities to pay their employees the pre- vailing rate of wages — Ryan vs. City of New \'ork, 7S App. Div. 134, affirmed by Court of Appeals, Jan. 29, 1904. Contract entered into by city held not to be invalid because it contains provisions of the labor law which have been declared void by the courts — Knowles vs. City of New York, 176 N. Y. 430. Public officers having the custody of public moneys are insurers of the same and aic liable for a loss thereof, although such loss occurred witli out fauh or negligence on their part — Tillinghast \s. Merrill. 151 N. ^'. 135. Person acting as a gratuitous agent of the public is not liable for the negligence of a person employed by him — Donovan vs. McAlpin, 85 N. \. 1S5. The law limiting the hours of labor does not apply to members of the fire department — i'eople e.\ rel. .Sweeney vs. Siurgis. 7S .\pp. Div. 460. The doctrine of laches should not be so strictly applied in the case of a municipal corporation as in the case of an individiral — Stemmler vs. Mayor, 45 App. Div. 573. Public powers or trusts devolved by law upon the governing body of a municipal corporation, to be e.xercised liy it when, and in such manner as it shall judge best, cannot be delegated by such body to others — Hirdsall vs. Clark, 73 N. Y. 73. CiTV OK Rochester 315 Memorandum on Actions Involving City or City Olificers — Continued The corporation counsel of a city must obey a resolution of the legislative body in ituaid to the- commencement or discontinuance of litiga tion — People v>. I.owhi.l. 7 Alil). i'f. I v*^- Mandamus proceeding instituted to secure reinstatement abates upon respondent ceasing to be a public otiticial — People ex rel. Hatch vs. I^ntry, as Comr., etc., SS App. Div. 5S;;. Police justice of Rochester has jurisdiction to render judgments in non-support proceedings under (Jld Charter, § 2O3 (this book. p. 27;;)— People vs. Steiiiholtz. .Monroe County Court, opinion of Sutherland. J., filed Ian. 27. 11^04. Position of school principal not within classified civil service and veterans not protected against summary removal — In re Pierce vs. Hoard of Kducation of Rocluster. S.| N. ^. Supp. 1 1 4 r ; aflimied, Court of Appeals. Jan. 26, ii>04. Public moneys to denominational schools — An institution incor porated under " .\n act for the incoiporation of benevolent, charitable, scientific and missionary societies," (!.. 184.S, Ch. 319), and which furnishes to oq)han boys moral and religious education is not a school or institution of learning within the meaning of state constitution. Art. IX, 32, (1.. 1894, Ch. 556) the board of education may employ members of Catholic sis- terhood to teach in such asylum — Sargent vs. Board of Kducation of the City of Rochester, 35 Misc. 321 ; same title, 76 .\pp. Div. 58iS ; affirmed by Court of .■\|)peals. January 2<), \<)C.\. Liability for dangerous areaway— Donnelly vs. City of Rochester. 42 .\\i\'). I)iv.(^)24; levers((l \('(t .\. \' . 313. Judgment against city in the absence of fraud or collusiun hinds the citizen.s and ta.xpayers — .\shton vs. City of Rochester. 133 N. W 187. A cause of action accrues the instant some person has a legal right to bring the action— Patteison vs. Patterson, 5<> N. ^■. 574; Werner vs. t'iiy of Rochester, 77 Ilun 33, aftirmed upon other ground, I4() N. ^'. 5^>3 ; Da- vidson vs. Hudlong, 40 Ilun 245; liarnes vs. City of Mrooklyn. 22 Ajip. Div. 520. Recision of city contracts ; mistakes ; evidence ; meeting of minds Ml ffft. Ilodgkiiis and Clarke Co. \s. < ity of Rotlustei. This wa- a< tion for writ of injunction restraining the city from declaring the complainants in default with respect to a proposal matle for construction of a new water supply for Roch- ester, and also declaring c(im|)lainanis ^yo.ooolwnd forfeited, and from attempting to enforce the collection of said bond. Decree granted on opinion of Coxe. J.. C. S. Circuit Court, N. D.. Aug. iS, 1897 (82 Fed. Rep. 255); reversed, I'. S. Circuit Court of Appeals {^^ C. C. A. 319) ; C. C. A. reversed and C. C. aftirmed by the U. S. Supreme C -urt, on opinion of Mr. Justice MrKenn.T. Mav 21. looo (I7S I'. S. Rep. 3731. City bound to furnish employee a reasonably safe place to work — Wannamaker vs. City of Rochester. 44 St. Rep. 45: aftirmed 137 N. V. 529. 316 C'hartkk Law ok thk Memorandum on Actions Involving City or City Officers — Continued Power of city to compel railroad to carry street over Its tracks — R. & II. V. K. .K. Co. vs. Citv of Koi lu-stcr, 17 .\]ip. Div. z^j : modified 163 N. V. 60S. When award of damages for diverting water not excessive — Matter of City of Rochester. 57 Apj). Div. 634. Opinion of witness aS tO damages occasioned by diversion of water — Matter of City of Rochester, 40 Hun 5S,S. Liability of city for unsafe bridges owned by state — Schomer vs. City of Rochester. 15 .\\>\). X. C 57. No obligation rests upon owners of lots in a city to repair a street or sidewalk in front of their lots in the absence of a statutory obligation imposed by the state or the municipality — City of Rochester vs. Campbell, 123 N. Y. 405. Where city Is held liable for injury caused by contractor obstruct- ing street, it may recover tiie dama^-s from ihe contractor — City of Rochester vs. Montgomerv. 72 X. ^". 6^ Tenant who goes Into possession of premises with knowledge of an existing nuisance cannot recover damages against city — ^'oos vs. Roches- ter, 1)2 I Inn 4S1 ; attirnied on opinion below, 159 N. V. 541. When recommendation of committee of common council to award contract afterwards reconsidered, no further action on the i)ait of the committee is enforcihle bv mandamus — Rvan \>. .•Mdridye. S; Hun 271^. Municipal ordinance requiring filling in of quarry limited to cases affecting public health — City of Rochester \s. Simjison, 37 Hun 36; reversed 134 N.Y. 414, holding that under § 276, Old Charter, city had power to pass ordinances recjuiring e.\ca\ations to be tilled u]) anil ihaincd. Ordinance regulating speed of horse cars not repealed by i)assing ordinance permitting change of motive power — Martineau vs. Roch. Ry. Co., 81 Hun 263. Power of city to regulate bill posting — City of Rochester vs. West, 164 N. V. 510. Singing by members of Salvation Army does not constitute a nuisance nor \iolatt an ordinance forl)idding noise in streets — l'eo]ile tx rel. Cartmill vs. City of Rocluster, 44 Hun 166. Surgeon of the police department not a public officer of the city — Cain vs. Warner, 45 App. Div. 450 ; police telegraph operator not a public officer — Miller vs. Warner, 42 .\pi>. Div. 20S. Question of trespass by city is for jury to decide — Roth vs. City of Rochester. 90 11 un 606. City officers and employees have a perfect remedy at law for salaries — I'eople ex rel. Carnahan vs. Edgerton et al. Opinion filed by Nash, J., Apr. 7, 1900, not reported. See other cases as to salaries cited, this book, p. 86. City cannot compel telephone wires to be placed in conduits containing wires carrying dangerous currents— City of Rochester vs. Hell 'i"ele|)hone Co., 52 .App. l)i\. 6; on trial, o|)inion tiled by Hancock, referee, Apr. 9, 1902. Conduits In streets do not constitute an additional burden upon abutting owners — Castle \s. I^ell Telephone Co.. 4() .App. Div. 4-57, Courts are unwilling to Investigate reasons for granting of franchise by common council on charge of corrupt motives— Harhite vs. Home Tele]ihone Co.. 50 App. Div. 25. As to granting franchises under White Charter— See § 19, this book, p. 30. City ok Rochkstkr 317 Old Charier ?; 2iS. Dangerous and obstructed side- walks and streets — In all cases it shall be the duty of the owner of every lot or parcel of land in said city to keep the sidewalks adjoin- ing his lot or piece of land in said city in good repair, and to remove and clean away all snow and ice and other obstruction from such side- walk, 'liie city of Rochester shall not be lia- ble for any injury caused by such sidewalk or any roadway being out of repair, or dangerous from snow or ice, or unlawfully obstructed, unless actual notice of the unsafe or dangerous condition thereof has been given to the city officers, having charge of the highways, a rea- sonable time before the happening of any such injury. Any person or persons who shall claim damages against said city for injury caused by any alleged negligence shall not be allowed to tax costs against said city in any action brought therefor, unless the part}' so claiming damages shall have, within fifteen days after the happen- ing of such injuiy, notified the mayor or corpo- ration counsel in writing, of the time and loca- tion of the place where such injury occurred and the particulars thereof. The executive board shall have the power to cause to be re- paired any sidewalk where the owner of the property shall neglect or refuse to repair the same for five days after a written notice so to do has been served on him, either personally or by leaving the same at his residence or place of business, if he live in the city with some person of suitable age and discretion, or, if the owner be a non-resident, by posting said notice on the premises in front of which such repairs are required to be made, and by mailing a copy of the same to his post-office address, if it can be ascertained by reasonable diligence. The said executive board shall also have power to cause to be cleaned any sidewalk from snow, ice or other obstruction, where the same have re- mained for twelve hours. The city of Rochester shall have a cause of action against any such owner, to collect the expense of any work or 318 Chakikk Law ok thk Old Charter repairs, as aforesaid, and a judgnicnt in such action shall be a lien upon the real estate of the person or persons against whom the same may be recovered. A bill or statement of the amount of such expenses shall be sent by mail to such owner, if his address be known. If such expense is not paid, an affidavit of the actual cost thereof and date of completion thereof, and the property in front of which the work or repairs were done, shall be filed with the assessors of the city at or before the time of making the general city tax levy by the com- mon council hereinbefore mentioned, and they shall add the amount thereof, with interest at the rate of fifteen per centum per annum, from the time of the date of completion of such work, to the amount assessed against such land for the next general city tax, and the whole amount of such assessment or expense shall be collected as is provided in reference to general city taxes. {Amended L. 1881, Ch. 343; L. 1890, Ch. 561 ; Z. 1897, Ch. 784). § 462. Annual reports of heads of departments — The several heads of departments shall present to the mayor, annually, on or before the first Monday of November, .a report of their proceedings during the preceding year, and he shall transmit the same to the com- mon council with any recommendations he may think proper to make. But nothing in this section contained shall be so construed as to relieve such heads of departments from furnishing information required by the mayor at any other time. (Z. 1898, Ch. 182). § 463. Charges and trials against city officers — Charges against any city officer may be of disability for service, in which case the examination shall be one of inquir}*, and the decision may be for honorable discharge from service ; or of neglect, or violation of law or duty, inefficiency, intemperance, disobedience of orders, or unbecom- City ok Rochester 319 White Charter ing official or personal conduct, in which case the examination shall be a trial, and the offender may be punished as in this act provided. (Z. 1898, Ch. 182). § 464. Witnesses not excused from testifying — No wit- ness shall be excused from testifying in any criminal proceeding or in any investigation or inquiry before the common council or any com- mittee thereof, or before any officer of the city having the right to con- duct the investigation, touching his knowledge of any offense com- mitted against the provisions of this act or any of the ordinances of the city ; but such testimony shall not be used against him in any criminal prosecution whatever. (/. 1898, Ch. 182). Investigations by mayor, common council or committees— Old Charter, §§ 2S2-2S3, this book, p. fi<). § 465. Proceedings when contractors fail on public work — No assessment that may hereafter be levied shall be void or shall be vacated by any court because of a failure on the part of the contractor to comply in the execution of the work with all the require- ments of law or the contract in respect thereto ; provided that if any taxpayer or any owner of property liable to be assessed therefor shall make an affidavit during the progress of any work to the effect that such work is not done or not being done according to law or the con- tract, specifying in what respects it does not comply therewith, and shall hie such affidavit with tlie commissioner of public works and de- liver a copy thereof to the contractor, his agent or either of the sure- ties on his bond, and shall, within twenty days after the confirmation of the assessment, take the proceedings mentioned in the next section, the court may stay the payment to the contractor of any money under his contract ; and if it sliall appear on the hearing in such proceeding that the defects stated in such affidavit exist, the court shall order that the amount assessed shall not be paid to the contractor and shall not be forced by the city until such work shall be done in accordance with law and tiie contract therefor, and no interest shall be charged upon 3211 Chartkr Law ok tmk White Charier the assessment during the time liiat the payment thereof .shall be stayed, provided that the court shall finally decide that the defects charged existed and were of a substantial nature. \\'henever it shall in any way appear to the court that manifest injustice or damage has been done to the city or any person or property assessed by reason of a failure to comply with the contract relating to any work, the court may, if it be before sale and before the contractor shall have been paid the sum provided by his contract to be paid to him, reduce the amount of the assessment or allowance in such amount as will enable the owner or the city, as the case may be, to have the work done in accord- ance with the contract ; and if after sale or after the contractor shall have been paid, the court shall grant judgment for the damages against the contractor and his sureties as hereinafter provided, the contractor and the sureties on his bond and their legal representatives, or such of them as can be served with process or notice, shall be made parties to any proceeding for that purpose, and shall be therein adjudged to be lialjle to the parly injured or the city, as the case may be, for the amount in which any assessment or allowance shall be reduced, if it appears that the contractor was in fault in the premises. If the city was in fault it shall be adjudged to be liable to the party injured for such amount. (Z. 1898, Ch. 182). ;? 40(1. Hearinjj on application to vacate or reduce assess- ments for local improvements — If. in the proceedings relative to any assessment or assessments for local improvements in the city, or in the proceedings to collect the same, any fraud or defect in the work, or substantial error, shall be alleged to e.xist or have been com- mitted, the party aggrieved thereby may, within twenty days after the couipletion of the assessment, apply to have the assessment vacated or reduced, to a judge of the supreme court, at special term or at chambers, or to the county judge, who shall thereupon, upon due notice to the corporation counsel, and to the contractor and his City of Rochester 321 White Charter sureties, or any other person, if they, or either of them, be proper parties, proceed forthwith to hear the proofs and allegations of the parties. (Z. 189S, Ch. 1S3). Provisions of Old Charter as to local improvements, thi> )xx>k. pp. 2i(>-254. <5 467. Vacating or reducing assessments for local im- provements — If after such hearing it shall be finally decided that the alleged fraud or defect in the work, or substantial error, exi.sts or has been committed, the as.sessment shall be vacated except as herein otherwise provided, and the lien created thereby or by any subsequent proceeding shall, except as herein otherwise provided, cease; and no suit or action in the nature of a bill in equity or otherwise shall be commenced to vacate any assessment in the city or to remove a cloud upon title arising from any assessment hereinafter made. In case the assessment shall not be vacated, the assessment may be reduced or judgment may be given as herein provided. Owners of property shall, in proceedings to reduce or vacate or stay payment of assess- ments, be confined to the form of proceeding in this article mentioned. I'he court may. in a proper case in proceedings under this article, direct that any issue or issues of fact be tried before a jur)-. (/. 1898. Ch. 182). NoiK — "An act tf) auihori/L- the recovery of an as.sessment paid for a local improvement, whicli assessnu-iU has l)een annulled" (I,. 1896, Ch. 910), provides as follows : " Whenever an assessment for a local improvenit-nt has been annulled by the judgment or order of any court any sum of money which has been heretofore, or shall be hereafter paid thereon, may be refunded, with interest, from the time of such |)ayment. If not so refunded witliin one year, from tht time of such judg- ment or order annulling such assessment, an action may l)e maintained to recover such sum. with interest thereon." Statute does not contemplate vacating entire assessment in one proceeding Walhut- vs. Maycu. ;;Api). I)i\. iS;; .ittirnuii. i('5 N. ^". (>!;S. Statute should be brought to attention of trial court — Palmer vs. City of Syr.icusr. d- .\|'i). Hiv. j'17. Improper exemption of lands within prescribed territory — (Kast Main street bridge case). Joslyn vs. City of kocht-ster. opinion by Nash, J., equity; affirmed, 66 App. Div. 622. Chartkr Law ok the Wliite Charter § 468. Assessment not void unless objections have been filed — It is further provided that no assessment that maybe hereafter made shall be void or shall be vacated ; nor the sale of property therefor be declared illegal, or the deed or certificate of conveyance therefor be adjudged invalid or illegal, or any moneys paid on account of or because of such assessment be recovered back or refunded because of any error, illegality or irregularity in any of the proceed- ings in relation to the work or improvement for which such assessment was made prior to the commencement of the work, including the ktting of the contract for the work, unless the party objecting thereto shall have filed his objection or objections with the board of estimate and apportionment within ten days after the letting of the contract for said work, stating the error, illegality or irregularity complained of. together with his address ; the board shall thereupon give the person or persons filing such objection or objections, together with the con- tractor to whom the contract to do the work was let, and the com- missioner of public works a hearing, and the decision of the board shall be final and conclusive, unless within ten days after such decision, the party or parties filing such objection or the contractor or the city shall commence proceedings to review the same ; and in the event that the proceedings, or any of them, including the letting of the contract, be adjudged illegal, the contract for doing the work shall be and become null and void and in no respect l)inding upon the city. (/. 1898, 67/ . 182). >5 469. Amount of reduction by court; new assessment — When proceedings are taken because the work has not been done according to law, or the assessment is reduced because the work has not been done according to law, or contract, and a certificate of indebtedness for such work 01; any part thereof shall have been issued, or payments for such work or any part thereof shall have been made, and no objection shall have been filed prior to the issuing of City of Rochester 323 White Charter such certificate or payment, the court shall not reduce the assessment below the amount of the certificate issued or payments made and the interest due thereon. Whenever an assessment for any public work or improvement, hereafter made, shall be vacated or set aside under the provisions of this article, the assessors shall forthwith proceed to make a new apportionment and assessment for the same, with interest thereon, or for such amount as the court shall by its jud<:;ment direct. (Z. 1898, Ch. 182). 5? 470. Appeals from decisions as to assessments — Either party may appeal from the final decision of the court, or a judge thereof, upon any proceedings taken under this article, the same as from an order in a civil action. Such appeal must be taken within ten days after the service upon such party of notice of such final decision. (/.. 1898, C/i. 182). § 471. Consolidation of actions as to assessments — Two or more persons may unite in commencing and prosecuting proceed- ings under this article ; and when two or more persons have com- menced separate proceedings under this article to vacate or reduce as.sessments for the same public work or improvement, the court or the judge before whom the same are commenced or pending, or where some are commenced before the county judge, and some in the supreme court, a judge of the supreme court at special term or chambers may consolidate such separate proceedings into one pro- ceeding. (/. 1898. C/i. 182). § 472. Taxpayers may lia>e cit> publications — I'pon pay- ment of ten dollars a year to tiie treasiuer. anv taxpayer of the city may have one copy of the following publications, which shall be delivered to him by a city marshal immediately after they are respec- tively printed, at any place within the city designated by him. within one-quarter of a mile from the j^lace where the common coimcil shall 3'J4 Charter Law of thk White Charter hold its meetings : The printed minutes of the meetings of the com- mon council, of the board of estimate and apportionment, and of the board of contract and supply, as they from time to time appear, and the bound and imlcxed volume of each at the end of each year and claims against the city presented by the comptroller as they from time to time appear in their printed form, and the comptroller's annual published statement of the financial condition of the city. (Z. i8g8, Ch. 182). § 473. Construction of words — The word "his" as used in this act shall, in all proper cases, be held to include and be co-extensive with the words " her " " it " and •' their :" the word " person," shall be held to include and to be co-extensive with the words "persons," " company," " joint stock association " and " corporation ;" the word "street" shall be held to include and be co-extensive with "roads," " avenues," " highways," " allej'^s " and " squares ;" the word " work " shall be held to include and be co-extensive with " improvements " and " repairs ;" the word " materials " shall be held to include and be co-extensive with "supplies," "stationery," "books," "furniture" and "repairs to furniture ;" the word "tax" shall in all proper cases be held to include and be co-extensive with "water rents or rates," " assessments or re-assessments for local improvements," and the singular noun shall be held to include and be co-extensive with the plural noun. {Added by L. 1899, Ch. 581). Construction of words in Old Charter — See this book, p. 336. NuTK — §§ 473-481, inclusive, omitted in White Charter a.s first enacted. § 482. White Charter repeals inconsistent laws and ordi- nances — All statutes of the state and ordinances of the city so far as inconsistent with the provisions of this act are hereby repealed, but such repeal shall not affect any right already existing or accrued, or any liability incurred by reason of any violation of any law heretofore existing, or any suit or proceeding already instituted, or action had under the laws or ordinances, unless otherwise expressly provided in City ok Rochester 3*J5 White Charter this act. Hut nothing herein contained shall be construed so as to aflfect any of the several acts or parts of acts to regulate and improve the civil service of the state of New \'ork. {L. 1898, 182). White Charter a legislative enactment and cannot be overturned by rules of civil service conmiissitin — People ex rel. Skelly vs. Grant, opinion by Na.sh, J.; affirmed, 52 App. Di\ . 0^5. Proceedings of civil service commission cannot be enquired into collaterally — People ex rel. Barnett vs. Johnston. 38 Misc. 645 ; affirmed without opinicjii, 75 App. I>iv. 630. Repealing clause of Old Charter — See this book, p. 336. § 483. Saving clause; statutes not inconsistent shall remain in force and shall be construed in harmony with White Charter ; existing powers transferred ; park commission continued — Ncjthing contained in this act shall he construed to repeal any statute of the state or ordinance of the city or rule or regulation of the board of health not in- consistent with the provisions of this act and the same shall remain in full force and effect, when not inconsistent with the provisions of this act, to be construed and operated in harmony with the provisions of this act. The powers which are conferred and the duties which are imposed upon any officer or department of the city luider any statute of the state, or any city ordinance which is in force at the time of the taking effect of this act, shall, if such office or department be abolished by this act, be thereafter exercLscd and discharged by the officer, board or department upon whom is imposed corresponding or like functions, powers and duties luuler the provisions of this act. Where any con- tract has been entered into by the city prior to the time of the taking effect of this act, or any bond or inidertaking has been given to or in favor of the city, which contains provisions that the same may be enforced by .some officer, board or department therein named, but by the provisions of this act such office, board or department is abolished, such contracts, bonds and undertakings shall not in any manner be impaired, but shall continue in full force and the |x>wers conferred and ;5l*() (/iiAKTKR Law ok tiik White Charter the duties iiiipost'd with reference to the same upon the officer, board or department which has been abolished, shall thereafter be exercised and discharged by the officer, board or department upon whom is con- ferred or imposed like powers, functions or duties under the provisions of this act. The park commission, in any city, which at the time this act takes effect, has a general park system whicli has not been com- pleted by the purchase of lands according to plans heretofore prepared and adopted, is continued in office, notwithstanding the provisions of this act, with all the powers and subject to all the duties, conferred and imposed upon such commission by the law creating such commis- sion and the amendments thereto. (As a7nended L. 1903, C//. 31). Note — §§ 484-494, inclusive, omitted in White Charter as first enacted. § 495. When White Charter in force — Except as otherwise provided, so much of this act as pertains to the election of officers and to the provisions of section thirty-one, shall take effect September first, eighteen hundred and ninety-nine ; sections ninety-nine and. four hun- dred and eighty-four shall take efTect immediately and the remainder of the act shall take effect January first, nineteen hundred. {As amended L. 1899, Ch. 581). Old Charter Noli; — Miscellaneous provisions of the Old Charter, not published elsew here in this book, are as follows : § 6. Officers elected and appointed — The officers of said city shall be one mayor, one treasurer, three members of the executive board, two judges of the municipal court, one police justice, one supervisor for each ward, one alderman for each ward, one constable for each ward, and one commissioner of common schools for each ward ; all to be elected by the electors of the city, by ballot, as hereinafter provided ; one city clerk, one auditor, one city attorney, one overseer of the poor, three assess- City ok Rfx iiksikk Old Charter ors, one sealer of weights and measures, one city surveyor, two police commissioners and one police clerk, to be appointed as hereinaf- ter provided, and such other officers as are, by this charter or other law, to be elected or appointed. {As a7nen(ied L. 1892, Ch. 190). See note after Old Charter, § 24, this book, p. 332. Note — § 7, Old Charter, not printed herein (as amended L. 1897, Ch. 784), covered the election of mayor, police justice, treasurer, supervisors, con- stables, aldemien, members of the board of education, and the appointment, powers and duties of auditor; ?; 8, Old Charter, not printed herein (as amended L. 1888, Ch. 06), covered the appointment of city clerk, city surveyor, overseer of the poor, city attorney, commissioners of Mt. Hope cemetery, assessors, sealer of weights and measures, fire marshal, and pound masters. § II. Removal of city treasurer and officers appointed by common council — The city treasurer or any person whose appoint- ment is herein conferred upon the common council, may each be removed from office by the common council, for official misconduct, or for neglect or unfaithful performance of the duties of his otifice : but notice of the charges, and an opportunity of being heard in defense, shall first be given. {As anwuiftui I.. 1890, Ch. 561). Mkm(ik.^m>i:m UN Ki.K.riioNs For full information in regard to primaries and elections, see " Jewett's Manual for Election Officers and Voters," which contains all the general provisions ot law now in force and the decisions on these subjects. The Election Law — Prior to 1 Sod. the Revised Statutes (I'art I. Ch. 6), contained the general provisions of law relating to elections. In 1890 the legis- lature adopted the system of voting by official ballot (L. 1S90, Ch. 262), and required personal registration in cities (L. 1890, Ch. 321). The statutory revision commission reported as chajjter six of the general laws, " The Election I^w," which was passed in 1892 (1>. 1S92, Ch. 680). After being amended variously the law was revised and re-enacted in 1S96 (L. 1896, Ch. iKJ9)- Provisions in regard to primary elections were contained in the election laws of 1892 and 1S96, supra, but in 1898 the legislature enacted the Primary Election law (L. 1898. Ch. 179), which law was re-enacted entirely the following year (1,. 1899, Ch. 473). Note — Memorandum continued on next page. 328. 328 Charter Law t)i thk Memorandum on Klections — Continued The provisions of the State Constitution concerning elections and elective officers art.- fnund-in Art. II. §5; i-(); Art. Ill, vis 1-1;. iS. 27. and 28; Art. IV, §§ 1-3, 7; Art. V, §§ 1-2. 7 ; Art. VI, §§ i, 2, 4, 7, S, lO-iS. 22; Art. VII, § 4; Art. X, §§ 1-8; Art. XII, § 3; Art. XIII, §§ 1-4,6; Art. XIV, §§ 1-3. The provisions of the Penal Code relating to crimes against the elective franchise arc found in §5j 4[-4iz/. inclusive. Who are citizens — U. S. R. S., 2d edition, §§ 1992-1998, title 25 ; § 2168, title 30. Naturalization — U. S. R. S., 2d edition, 5§ 2165-2167, 2169-2170. 2172. 2174. title 30; False certificates— Penal Code. §§ 4i.\, 4iy ; State Naturaliza= tion Law — L. 1S95, Ch. 927. Soldiers and Sailors Election Law — !.. .1898, Ch. 674, Metropolitan Election Districts Law — L. 1898, Ch. 676. Town Enrollment Act— 1.. 1002. Ch. 1(15. Town meetings, election and tenure of town officers — Town I^w; See al.so L. 1897, (i). 551 ; L. 1898, Ch. 594 ; 1,. 1901, Ch. 34 ; L. 1901. Ch. 174 ; L. 1902. Ch. 10; 1,. 1902, Ch. 239; L. 1903. Ch. 266. Village officers and elections — Village Law. School elections — Consolidated School Law. Old Charter The provisions of the Old Charter as to elections are printed herein as ihey exist. Since 1875 tiie Constitution of the State of New York has pro- hibited the legislature from passing local bills regu- lating " the opening and conducting of elections or designating places of voting." but charter provisions existing before the constitutional prohibition may be amended afterwards — People ex rel. Lardner vs. Car- son, 10 Misc. 237; affirmed, 155 N. V. 491. Note — The special act entitled, " An act to pro- vide for elections, the fiscal year, the reporis of cflicers and departments, and the auditing of accounts in the city of Rochester." (L. 1895, ^^^- 604), not printed in this book, affected Old Charter, §§ 7, 8, 13, 14, 18, 21, 23, 25, 34 and 46. The sections relating to elections, together with other charter provisions, were later cov- ered by "All act to amend the charter of the city of Rochester." (L. 1897, Ch. 784). >J 13. Time of opening and closing polls — ( )n the day of any election held by virtue of this act, the polls shall be opened in each ward and election district in said city at the several places designated by the com- mon council, at six o'clock in the forenoon, and shall be kept open without intermission or adjournment, until five o'clock in the after- noon, at which time they shall be finally closed. (As amoideii L. 1897, Ch. 784). City ok Rochester 329 Old C'harter Time of opening and closing polls — Kkction Law, § 3. When the election of city officers shall be held — State Constilution, Art. XII, § 3. § 14. The Election Law shall gov= ern — The number of inspectors, poll clerks and ballot clerks, their appointment, their powers and duties, their compensation, and the filling of any vacancies that may occur, the conduct of primaries, conventions and nominations, the qualification and registration of voters, the preparation of ofticial ballots, sample ballots and instruction cards, ballot boxes and other supplies, the distribution thereof to polling places, and the conduct of elections in said city for municipal ofticers, shall be the same as prescribed by the act in relation to elections constituting chapter six of the general laws, and being chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, and the amendments thereto, which are hereby made a part of this act, and shall govern elections in said city, unless .said city shall determine to use anv other lawful method of voting, in which case the stat- utes regulating such methods of election shall govern, and except as may be otherwise ex- pre.sslv provided h'jrein. (As amciuleii [.. 1897. Ch. 784). Adoption of voting machines— Klection I aw. Inspectors' powers to appoint poll clerks In 1892 — Howe vs. City of Rochester, .S6 Hun -,. *} 15. Commencement of terms of office — All officers elected by the people, according to the provisions of this charter, shall enter upon their respective offices on the first day of January, next following such election, unless otherwise by law provided. {As ametiiied I.. 1897, Ch. 784). Commencement of term of office I'uljlic Ottkers I^iw. § 4. 880 Chakikk Law ok ihk Old Charter § 16. Terms of office and salaries — The period of a year, as applied in this charter to the terms of office and the salaries thereof, shall extend from and including the first day of January in one year to and including the tliirty-first day of December in the same year, in cases where the term of office commences on the first day of Januan'. (^s amended L. 1897. Ch. 784). ^ 17. Relating to ballots and ballot boxes. {Rrpcaled by /.. 1897, C/i. 784). § 18. Vacancies; how voted for — If, at any charter election to be held in the said city, there shall be one or more vacancies to be supplied in any office, and at the same time any person to be elected for the full term of said office, the term for which each person voted for is intended, shall be designated on the ballot. {As amended L. 1897, Ch. 784). § .19. Qualifications of voters — Every person entitled to \otc for member of assem- bly, who shall, for the last thirty days, have been an actual resident of the ward or elec- tion district in which he offers his vote, and who is at the time an actual resident of such ward or election district, shall be entitled to vote there, but not elsewhere, for all or any of the officers to be chosen at such election. (Z. 1880, Ch. 14). Qualifications of voters — .State (Onstitution, Art. II. J; r : I'lk-ctioii Law. § 34. Right tO vote not to be denied — United States Constitution, .Xniendnienls. .Art. XIV. §§ 1.2. § 20. Canvass of votes at elections — Immediately after the closing of the polls, the inspectors of election shall forthwith, without adjournment, canvass the votes received by them, and declare the result ; and shall on the same or next day make a certificate stating City ok Rochester 331 Old Charter the number of votes given for each person for each office, and shall file such statement and certificate on the day of election, or the next day, with the clerk of the city. (Z. 1880, Ch. 14). Canvass of votes — I'.lcction Law, §§ 110-112; when ballot machines are used — Id.. § 178. >? 21. Canvass of votes by common council — The common council shall convene on the Friday succeeding any election provided by said charter at two o'clock in the after- noon, at their usual place of meeting, and shall forthwith determine and certify in the manner provided by law, what persons are duly elected at the said election to the several offices, respec- tively ; such certificate shall be made in dupli- cate, one of which shall be filed with the clerk of the city and the other with the clerk of Monroe county. {^As amended /.. 1897. Ch. 784). § 22. When common council shall elect — -If, at any election authorized by this act, any officer, except alderman, shall not have been chosen by reason of two or more candidates having received an equal number of votes, the connnon council shall, by ballot, elect such officer from the two candidates having the higlicst number of votes. (/. 1880, C/i. 14). «} 23. Vacancies W henever a vacancy shall occur in the office of alderman or police justice for any cause, the common council of said city shall inunediately appoint a special election to be held in said city, or in the ward for which such alderman was chosen, not less than twenty-live days nor more than forty days from the time of such appointment, unless such vacancy shall occur within three months before the Tuesday succeeding the first Mon- dav in No\ember in an odd-numbered vear. 332 Chartkk Law ok thk Old Charter and, in such case, it shall be optional with the common council to order a special election or not, as it shall deem expedient. (As amouicd L. 1897, Ch. 784). See note under Old C" barter, § 24, below. Filling vacancies — State Constitution, Art. X, § 5; Eltction Law, § 4. § 24. Vacancies filled by common council — In case a \acancy shall occur in the office of any of the officers before named, except an alderman or police justice, the com- mon council may, when not otherwise provided, in its discretion, fill such vacancy by the appointment of a suitable person who is an elector, and if appointed for a ward, who is a resident of the ward for which he shall be ap- pointed ; and any officer, appointed to fill a vacancy, if the office is elective, shall hold by virtue of such appointment until and including the thirty -first day of December following the next succeeding biennial charter election, unless otherwise provided. If an elective officer, whose office shall have become vacant, was one of a class, a successor for the unexpired term shall be elected at the next biennial charter election, except as may in any case be ex- pressly provided. {As amended L. 1897, Ch. 784). Note — As to appointing powers of Mayor, see White Charter, § 49, this book, p. 64 ; as to filling vacancy in office of police justice, White Charter, § 392, p. 263 ; filing vacancy in office of alderman, White Charter, § 27, p. 39. § 25. Special elections — Whenever a special election is to be held the common council shall cause to be delivered to the in- spectors of election, in the ward and election districts in which such election is to be held, a notice signed by its clerk specifying the officers to be chosen and the day and place in the ward, or in the several wards of said city, at which such election is to be held, and City of Rochkster 333 Old Charter the proceedings at such election shall be as at the biennial charter election. Such notice shall also be published in all the daily news- papers of the city at least once before such special election period. On the Friday suc- ceeding such election the common council of that year shall convene at two o'clock in the afternoon at its usual place of meeting, and the same proceedings shall then and there be had as prescribed in case of said charter election period. {As amended L. 1897, Ch. 784). Special elections — Election Law, § 4. i? 26. Certain officers to take and file oath of office ; bonds of police clerk and constables ; city clerk to administer oaths, etc. — Every person elected or appointed to the office of mayor, police justice, city clerk, police clerk, alderman, constable, supervisor, treasurer or commissioner of common schools in the city of Rochester, shall, before he enters on the duties of his office, and within five days after being notified of such election or appointment, take the oath of office prescribed by the constitution of the state before any offi- cer authorized to administer oaths or take affidavits and file the same with the city clerk ; and said police clerk shall also, within said five days, execute a bond to the city of Rochester in the penalty of five thousand dollars, with two sureties, to be approved by the mayor of said city, conditioned faithfully to perform the du- ties of police clerk, and to pay over the moneys, and to make the report hereinafter required, and file the same in the office of the clerk of the said city. F.very person chosen, elected or appointed to the office of constable, before he enters on the duties of his office and within eight days after he shall be notified of his elec- tion or appointment, shall execute a bond, with at least two sufficient sureties to be approved in writing by a judge of the municipal court of the city of Rochester, in which said bond such constable and his sureties shall jointly and sev- 334 Chartkk Law ok ihk Old Charter erally agree to pay each and exei)- person who may be entitled thereto all such sums of money as the said constable may become liable to pay on account of any execution which shall be de- livered to him for collection ; and shall also jointly and severally agree and become lia- ble to pay each and everjf such person for any damages which he may sustain from or by any act or thing done by said con- stable, by virtue of his office of constable, and the said person so chosen, elected or appointed to the said office of constable shall, also, within eight days, and before he enters on the duties of his office, cause said bond so approved as aforesaid to be tiled with the city clerk, and a copy of such bond, certified by the city clerk, shall be presumptive evidence in all courts of the execution thereof by such constable and his sureties. Every constable chosen, elected or appointed, as aforesaid, shall, in good faith, be an actual resident of the ward in or for which he shall be chosen, elected or appointed. The city clerk is hereby authorized to adminis- ter all oaths and to take affidavits and acknowl- edgments within said city, and to receive the same fees that are allowed to commissioners of deeds for the same service. (As atnended L. 1881, C//. 343)- Duties of constables in service of process —Old Charter, ij 65. iliis l^ook, ]). 3.15. Public officers must take oath of office — Public Officers Law, §10; failure to take oath — Penal Code, §§ 42, 43; effect on official acts of failure to take oath — Public Offii ers Law, § 15. Bond of police clerks — White Charier, § 398, this buok, ]). :!(i|. ^ 27. Other officers to take and file oath of office — Every person chosen or ap- pointed by the common council to any other office except those enumerated in the last sec- tion before he enters on the duties of his office, and within five days after being notified of his election or appointment, shall cause to be filed in the office of the city clerk a notice in writing City of K()Chestb:r 335 Old Charter signifying his acceptance of such office and take the oath of office prescribed by the consti- tution of this state before any officer authorized to administer oaths or take affidavits, and file the same with the city clerk. (/.. iS8o, Ch. 14). Form of oath to be taken by executive and judicial officers- -vState Constitution, Art. XIII. § I. § 28. Neglect to qualify deemed a refusal to serve — Jf any person chosen or appointed to any office specified in the last two sections shall not take and subscribe the oath of office and file the same as therein directed, or shall not cause a notice of acceptance to be filed as therein directed, or if required by law or by the common council to execute an official bond or undertaking, shall neglect to execute and file the same in the manner and within the time prescribed by law or by the common council, such neglect shall be deemed a refusal to serve. {^As amended L. 18S1, Ch. 3-I.3). Oath of office must be filed within fifteen days — I'lihlic ()trK Law. ij -o, § 32. Election expenses a city charge — The expenses of any election to be held as provided by this act shall be city charges, and defrayed in the same manner as other contin- gent expenses of the city. (/. 1880, Ch. 14), *i 63. Duties of constables ; service of criminal process -The constables elected in said cil)-, or in the different towns of the county of Monroe, shall not be compelled to serve or execute any process, notice or paper whatever, issued by the police justice or the miuiicipal court of said city, in execution of the laws of the state for the prevention of crime and the punishment of criminal ofi'enders, or of the police laws and regulations of the state or of said city ; nor shall the county of Monroe, or any of the towns thereof, or said city, be liable to pay any such constable any fees for serving 336 Chartkr T-aw ok thk Old Charter or executing such paper or process. In other respects the constables elected in said city shall have within said city and the county of Monroe, the same authority and compensation, and be subject to the same duties, as the constables of the several towns of said county. (Z. 1880, Ch. 14). Bonds of constables — Old Charter, § 26. this book, p. 333. § 290. Old Charter deemed a public act — This charter shall be deemed a public act, and the legislature may at any time repeal, modify or alter the same. (Z. 1880, Ch. 14). Repealing clause of Old Charter — All acts and parts of acts, so far as inconsistent with or repugnant to this act or to the charter as hereby amended, are hereby repealed or declared inapplicable to the said city ; but the repeal hereby of any statutory provision shall not affect any action, proceeding, suit or pro- secution had or commenced prior to the time when this act shall take effect. (Z. 1880, Ch. 14, § 2, after § 290). Repealing clause of White Charter — § 482, this book. \i. 324. Construction of certain words in Old Charter — Whenever, in this act, or in the act which this act amends, the words "owner" or "person" appears, it shall be deemed to include a corporation and joint association, as well as a natural person, and a word used in the singular number or mascu- line gender shall include the plural number and feminine and neuter gender. {Added by L. 1890, Ch. 561). Construction of words in White Charter — § 473i thi.s book, p. 324. City of Rochester 337 Old Charter MOUNT HOPE CEMETERY § 73. Government of Mount Hope cemetery — Mount Hope cemeteiy shall be under the control of three coniinissioners who shall constitute a board of commissioners. (Z. 1880, Ch. 14). Note — Commissioners of Mount Hope cemetery were formerly appointed by the common council (Old Charter, § 8, as amended L. 1888, ch. 86). They are now appointed by the mayor under White Char- ter, § 49, this book, p. 64, pursuant to opinion of the corporation counsel. § 74. Duties of commissioners of Mount Hope cemetery ; arrest of of= fenders; powers to pass ordinances; misdemeanors — The commissioners of Moimt Hope cemetery shall have the care, custody and management of the cemetery, and everything in or upon the same, including the fences surrounding the same, and shall employ a superintendent and such other per- sons as they may deem proper, and regulate their compensation and duties, and the said commissioners, superintendent and such em- ployees as shall be specially designated by said commissioners, shall have power and authority, respectively, to arrest any person or persons by him or them found violating in. upon or within fifty feet adjoining said ceme- tery, any of the penal or other ordinances, rules or regulations of said commissioners, or of the conunon council of said city, or any law or statute of this state, and to take the person or persons thus arrested before the police jus- tice, or one of the judges of the municipal court of said city, to be dealt with in the same manner as if such person or persons had been arrested upon a warrant theretofore duly issued, or shall, after such arrest deliver the person or persons so arrested to a member of the police department of said department of said citv. 338 Chaktku Law ok thk Old (luirler whose duty it shall be to take the person or persons so arrested before said justice or judge, to be dealt with as if arrested upon a warrant, as aforesaid, and it shall be the dut)' of such commissioners, superintendent and employees, respectively, to enforce any and all of said laws, ordinances, rules and regulations violated at the place or places aforesaid. The said commissioners shall cause suitable maps to be made and perfected of all the grounds, roads and lots in said cemetery, and shall regulate the sales and prices of lots and interments therein, and shall make such rules and regulations for the use, protection and improvement of the cemetery, including all of the buildings, monuments, tombstones, fences and other articles in or upon the same, as they shall deem proper, but in no case shall such com- missioners, however, charge a fee to visitors, and the violation of any such rules and regulations shall be deemed a misdemeanor, and publish- able as such. {As a7nended L. 1892, Ch. 190). § 75. Mount Hope cemetery fund ; how applied — The commissioners of Mount Hope cemetery shall cause a fund to be pro- vided from the receipts of the said cemeter)-, by appropriating annually not less than ten per centum of the gross receipts, which shall be applied, first, to the payment of mortgages now existing upon portions of the cemetery, and second, to create a repair fund, which shall not exceed fifty thousand dollars, which shall be invested, and as soon as it is of sufficient amount, the interest thereof shall be . applied solely to the repairing of roads, lawns, hill-sides, monuments, abandoned lots and public grounds, and such repair fund shall never, under any pretext or evasion, be diverted from this declared purpose, and the interest thereof shall be used annually as hereabove directed. Said commissioners may create a fund for perpetual repairs of particular lots in the following manner : Any person may pay City of Rochkstkr 339 Old Charter to the commissioners of Mount Hope cemetery a siyn of money deemed sufficient by said com- missioners, for the purpose of keeping in order any lot or parcel of land in such cemetery ; and thereafter the interest obtained on such sum, from time to time, as occasion may re- quire, shall be expended on such lot or parcel of land for the purpose of keeping the same in repair by or under the direction of the com- missioners of said cemetery. 'Ihe commis- sioners shall pay such sums paid to them to the treasurer of the city of Rochester, who shall immediately deposit said sums of money in such savings bank or banks or trust com- panies as the commissioners of said cemetery shall direct, which moneys shall be kept in special deposit, on interest, apart from all other moneys belonging to Mount Hope ceme- tery. No part of such deposits except the interest which shall accrue on such moneys shall be drawn from such savings banks or trust companies except for permanent invest- ment in registered bonds of the I'nited .States, the .state of New \'ork, the county of Monroe, or the city of Rochester ; and such bonds shall be registered in the name of the said treasurer and of the commissioners of Mount Hope cemetery. All moneys drawn from any savings bank or trust company, from said perpetual repair fund shall be drawn by check signed by the treasurer, and countersigned by a majority of the commissioners of Mount Hope ceme- tery, and not otherwise. To each person making any such payment or deposit for the purpose of keeping any lot in repair in Mount Hope cemetery, the treasurer shall give a certificate signed by himself and by a majority of the commissioners of Moiuit Hope, and by the city clerk, and to which the city seal shall be attached, which certilicate shall state the amount of the deposit, the name^of the person making the tleposit. a description of the lot for which the deiiosit is made and a covenant on the part of said citv that the interest of said 84(1 Charier Law of thk Old Charter deposit thereafter, from time to time, as occa- sion may require, sliall be expended on said lot by said commissioners for the purpose of keeping said lot in repair, and the commis- sioners of said cemeteiy and the city clerk shall keep a record of such certificates issued. But in no event shall the city of Rochester ever be liable to repay the principal paid into said perpetual repair fund. The said commis- sioners are hereby authorized and empowered at'any regular or special meeting of their said board, by resolution, to divide the whole or any part of the lands now belonging to or which may hereafter be purchased for the pur- poses of said cemetery, into such definite sec- tions or parts as said commissioners may designate and determine ; and each of said sections or parts shall have such a name and such boundaries as the said commissioners shall determine. Said resolution shall desig- nate the boundary lines of each of said sec- tions or parts and the name by which each of said sections or parts shall be known, and shall, when dul}' passed, to- gether with the date of its passage be recorded in a book to be kept by or under the control of said commissioners for that pur- pose ; and when said resolution shall be duly recorded in said book the same shall be sub- scribed by said commissioners or a majority thereof. A copy of said resolution together with the date of its passage, duly certified by said commissioners or a majority thereof to be correct, shall be immediately filed by said commissioners in the oftice of the clerk of the city of Rochester, and shall also be recorded by said clerk in a book to be kept by him for that purpose. Said commissioners are hereby authorized and empowered to create a fund to be known as the '' special section fund," for the care of the lots in any definite section or part of said ce^netery which may be designated by said commissioners as hereinbefore pro- vided. Said fund shall be created by appro- i City of Rochester 341 Old Charter priating annually a sum not exceeding twenty per centum of the gross receipts from the sales of the lots in such definite section or part, and shall be used only for the care of the surface of said lots in such definite section or part, but not for the erection or care of mounds or other structures above the general surface of the ground. Said " special section fund " shall be invested in the same manner as other trust funds of said cemetery are invested and shall never be diverted from its declared purpose. Whenever the city of Rochester shall by deed convey any lot or portion of said cemetery for burial purposes, which said lot or portion shall be included in any part or section designated by said commissioners as hereinbefore pro- vided, said deed shall contain an agreement on the part of said city that the part of said "special section fund '* applicable thereto shall be applied to the care of the lands described in said deed, as hereinbefore provided. (As amended I.. 1903. Ch. 117). *? 76. Disposition of cemetery mon- ies — The city treasurer shall recei\e and deposit in one or more of the savings banks, or the trust and safe deposit companies in the city, of good standing, all moneys from the sale of lots and other sources, and also all penalties collected for violations of city ordinances in relation to Mount Mope, and shall pay all expenses incurred at Mount Hope, by making his check upon such savings banks, or the tru.st and safe deposit companies, which check in all cases shall be countersigned by two or more commissioners. The city treas- urer may. under the direction and with the consent of said board of commissioners, invest any of said moneys in bonds of the city of Rochester, county of Monroe, or state of New York. {As amended L. 1894. Ch. 28). ?j 77. Deeds of cemetery lots; com- pensation of commissioners ; devises, etc.— All deeds and convevances of lots 342 Charter Law of thk Old Charter shall be executed by the mayor and city clerk and countersigned by the treasurer, and re- corded in the city clerk's office. The com- missioners of Mount Hope cemetery shall receive no compensation for their services, and shall make an annual report, under oath, to the common council, at its last meeting in each year, of their receipts and expenditures and of all matters committed to their charge. The said commissioners may take by any devise, bequest or grant from the owner or owners of any lot in said cemetery, or a part thereof, and shall thereafter own the same, in trust to the extent and in the manner, and for the purpose specified in and by the deed, will or other conveyance by which the trust is created, and such lot, or part thereof, shall thereafter be forever inalienable in any man- ner, except as may be otherwise provided by said owner, or owners, in his or their lifetime, and the said commissioners shall thereafter permit the interment of only such person or persons, or class of persons, in such lot or portion as may be designated by said owner or owners, in his or their said lifetime. (As amended L. 1897, Ch. 784). § 219. Mount Hope cemetery prop- erty exempt from taxes, assessments and executions — Mount Hope cemetery, and all lots and plats therein, which have been, or shall hereafter be, conveyed by the corpora- tion of said cit}', as places for the burial of the dead, shall forever be exempt from taxation, and from assessments for the improvement thereof, or for any purpose whatever, and shall not be liable to be sold on execution, or be applied to the payment of debts, by any assign- ment under any insolvent law, or by any com- pulsory process of law. (Z. 1880, Ch. 14). Act authorizing common council to acquire land for cemetery purposes — I.. iSCj^, Cli. 727; anieiultd L. 1870, Cli. 760; §§ i and z re-enacted L. 1873, Ch. 452; amended L. 1875, Ch. 206; L. 1892, Ch. 51S; L. 1898, Ch. 543. City ok Rochester 343 Old Charter See People ex rel. Oak Hill Cemetery Assn. vs. Pratt. 129 N. Y. 68. Provisions of Old Charter as to acquiring lands for Alt. Hope cemetery by purchase or condemnation proceedings — §§ 173-189, this IxH.k, ])]). 223-235. Act preventing sale of cemetery lands not to apply to Rochester — L. 1879, Ch. 310. Cemeteries incorporated under L. 1847, Ch. 133, not exempt from assessments for local improvements — Buffalo City Cemetery vs. Huftalo, 4O N. \'. 506; .same title, 43 Hun 127, affirmed 1 18 N. V. 61. Removal of remains from cemetery of a religious corporation — Religious Corporations J -aw. {; 8. Act authorizing removal of remains from Brighton cemetery to Mt. Hope— L. 1893. Ch. 228. Note — The first interment in Mt. Hope cemetery was on August 18, 1838, but the cemeter)' wa.s not dedicated till October, 1S38, at which time a consecra- tif)n service was read by Dr. Whitehouse, of St. Luke's church, and the Rev. Pharcellus Church, of the First Baptist cliurch, delivered an address. MUNICIPAL CODE OF THE City of Rochester Special Laws CONTENTS SPECIAL LAWS Pac;hs Annual Financial Kkports, . . - . . 347-34,S Akmoky. - - - - - - - - 34^-349 (I'lv Hall, - - - - - - - - 349 Coal. - - - - - - - - - 349-353 •>w-^- 353-357 FiKK Department, .--.-. 357-367 Oenesee River, -_.-... 367-370 Memorial Day, ------- 37^^37 ' Midwifery. -------- 371-373 Monroe Col'N^^ I'enitentlaky, - - - - 373-37^ Parks. --------- 376-399 Police Depakimen i . ------ 399-406 PniiLK Makkei. -..-•-- 406-413 Rewards. -.--.-.. 413-414 RoCHE.vrER AM) (Iknksek \'\li.ia I\\ili<()ai) Co'.s. Stock, 414 Schools. -------- 414-422 Sewers. --------- 422-452 I'aXES and ASSESSMENIS, ----- 452-467 Water Works. -------- 467-487 Misc El I ANEOis Ac IN Kelaitnc. TO Canals, Etc"., 487 48.S SPECIAL LAWS NOTK WriH THE Sl'EClAI. I,A\VS KKI,AIIN; 2. Chief fiscal officers shall make report The secretary of state shall annually before the close of its iiscal year and as much earlier as practicable, furnish to the chief fiscal oflicer of even* such city, tc) the mayor thereof \\\m\ to e\ery officer or board therein hav- injj; charge of receipts and expenditures for any branch of the munici- pal ser\ice, independently of the mayor and council of such citv. printed blanks and forms on whidi shall be indicated the inform. ition recpiired accordini,^ to the provisions of this act, together with suitable printed instructions as to tilling the same. The mayor and chief fiscal officers shall each make a separate report of' the financial condition of his city according to the provisions of this act, to the secretary of state, and duly verify the same. In case there is an officer or board having charge of some branch of the municipal service as aforesaid. 348 St'KtiAi. Laws ok ihk the secretaiT of such boartl. il tliere be a secretary, and if not, then the president thereof, shall niake, if required by the secretary of state, a verilied report as to thai branch of the municipal service of which it has charge. All or less than all of such officers may unite in making a joint verified report instead of separate reports. If any such report shall not contain the information required by the secretar\- of state, under the provisions of this act, he nia\- submit a further request or requests to any of said officers therefor, and it shall be their duty to furnish the same without delay. Any officer required to make a report under the provisions of this act who shall wilfully neglect and refuse to make the same, or wilfully withhold or suppress any infor- mation required by this act to be set forth in a report, shall be guilty of a misdemeanor. 5? 3. When in effect — This act shall take effect inunediately. ARMORY An Act authokizinc; thk cn'\' of Rochkstkk to accjuikk and transfer to the .state a site in such city for the erec- tion of an armory thereon, for the u.se of the national Guard and Navai. Militia in such city, and to receive IN exchange therefor THE PRESENT ARMORY IN SUCH CITY NOW OWNED HY THE STATE. (Z. I 898, Ch. 567). Section i. Common council may acquire armory site — The common council of the city of Rochester is hereby authorized to acquire a site in such city suitable for the erection thereon of a state armory ff)r the use of the National Guard and Naval Militia in sucii city; and to cause the expense thereof to be levied and collected upon the property in such city subject to taxation in the same manner as other city taxes are levied and collected. Upon the acquisition of such site, the mayor of such city when duly authorized by a reso- lution of the common council, shall in behalf of the city cede, tran.s- fer and convey such property to the state of New York, but no such conveyance shall be valid, unless the site for such armory shall be approved by a commission consisting of the adjutant-general, the inspector-general and the chief of ordnance, nor unless the title to such property shall be certified by the attorney-general to be free from all incumbrances, and that the conveyance thereof is in due form and CiTV OK RocUKSTKK 84M vests the title of the property in the people of the state of New York. Upon such transfer beinf^ made as provided hv this act. and such site having been accepted by the armory commission aforesaid, the comptroller of the state shall convey to the city of Rochester in exchange for such armory site and in full compensation therefor the present armory property in the city of Rochester, owned by the state, located on Wood street in such city. I'he common council of the city of Rochester may provide that the armory property located on Wood street in such city, if conveyed to the state by the city in pursuance of this act, shall be applied to such municipal purposes as to the common council shall seem be.st ; but until the state has pro- vided other armor)- facilities in such city for the use of the National Guard and Naval Militia, the conniion council shall rent such armory property to the state of New York at such annual rental as may be agreed upon between the common council of such city and a com- mi.ssion consisting of the adjudant-general, the inspector-general and chief of ordnance. § 2. When in effect This act shall lake effect immediatelv. CITY HALL An Aci' IN RELATION lO THK KRKCTION OK I'UKI.IC HUH. DINGS KOK THK USK OF THK CITY OK RoCHK.STKR. (Z. 1872 Ch. 2ig). L. 1872, Ch. 219, held constitutional— I'eoplt- ex lel. Haytien vs. City 111 kochfsler. ^o N. \. ^25. COAL NoTK — The provisions of the tleneral City l-aw (/.. hjoo. Ch. 527). a.s to the sale and delivery of coal in cities of the second class, arc as follows : § 150. Attempting to deliver or sell less than a legal ton in all transactions relating to the sale or delivery of coal two thousand avoirdupois pounds in weight shall constitute a legal ton. A person, linn or corporation, in a city of the lirst or second class attempting to sell or deliver less than two thousand pounds by weight to a ton of coal, or a proper proportion thereof to quantities less than a ton, shall be liable to a penalty of not exceeding tifty dollars, pro- vided that in all cases thirt)- pounds to a ton shall be allowed for the variaticMi in scales and wastag;c. 350 Spkciai. Laws ok hik $ 151. Delivery tickets — It shall be unlawful for any person, tirni or corporation delivering coal in cities of the first or second class to deliver or cause to be delivered any quantity or quantities of coal which shall have been sold by weight, without eacii such delivery being accompanied by a delivery ticket, and a duplicate thereof, on each of which shall be in ink, or other indelible substance, distinctly expressed in pounds the quantity or quantities of coal contained in the cart, wagon or other vehicle used in such deli\ery, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of such tickets shall be delivered to the purchaser of the coal specified thereon, and the other of such tickets shall be retained by the seller of the coal. Any person, firm or corporation who shall violate the provisions of this section shall be liable to a penalty of not exceeding fifty dollars. ii 152. Delivery of entire cargo The preceding section shall not apply to coal delivered by the entire cargo direct from the vessel containing the same to one destination and accepted by the purchaser on the original bill of lading as proof of weight ; but with every such delivery of an entire cargo of coal in any cit)' of the first or second class, there shall be delivered to the purchaser thereof one of the original bills of lading, issued by the person, firm or corporation by whom the coal was loaded into the vessel from which such coal is delivered to the purchaser of the entire cargo thereof, on each of which bills of lading there shall be in ink or other indelible substance distinctly expressed the date and place of loading such cargo, and the number of pounds contained therein. Any person, firm or corporation who shall x'iolate the provisions of this section shall he liable to a penalt\' of not exceeding tiftv dollars. ^ 153. Designation of scales — There may be designated by the respective mayors of the cities of the first and second class, stationary or movable scales, suitable for the purpose of weighing coal, the owners of which may tender the same for public use in different parts of the city in such convenience in number and locality as shall be deemed necessary, on which the coal or coal vehicle, with or without coal, may be weighed at the recjuest of the purchaser of the coal. 'i"he scales so designated shall be pro\ided at the expense of the owners thereof, with test weights, and shall be subject at all ClTN' OK R()( HFSTEK 351 times to the inspection and supervision of the sealers or inspectors of weights and measures in such city who shall inspect such scales at least once in each niontii. Such scales shall also be provided by the owner thereof with a competent weighmaster. The owner of such scales shall be entitled to charge for weighing coal and coal vehicles containing coal, at such *sales, a fee of not exceeding fifteen cents per ton of coal : empty vehicles returning to such scale after deliver)- of the coal so weighed therein shall be re-weighed without further charge. i^ 154. Right of purchasers to have coal re-weighed It shall be the right of every purchaser of coal in any of the cities of the first and second class, before accepting the deliver)- of the same, to have any of the delivery of such coal weighed at his expense, at any of the scales designated under the provisions of the preceding sections, provided such scales are within a half mile of the place of loading or the place of the delivery of the coal and for this purpose to require that any vehicle containing coal purchased by him shall be taken by the driver or other person in charge thereof to such scales for the purpose of having I he same weighed, and after the deliver)'- of the coal to rec|uire that the vehicle from which such coal so purchased shall have been delivered shall be taken by the driver thereof, or any other person in charge thereof, to such scales to be weighed at the expense of the purchasei thereof, and a certificate of the weight of such coal, so weighed as aforesaid shall thereupon be furnished to the purchaser of such coal by the owner of the scales at which such coal is so weighed. 5i I :; V Penalty for refusal to permit coal to be \Neijj;hed The refusal of an\ seller of coal to permit coal purchased from him to be re-weighed at the request of the j^urchaser thereof, as aforesaid, or any dri\-er or other person in charge of a vehicle containing coal, or from which roal has been delivered, to lake the same at the request of the purciiaser to such scale or such scales for the purpose of having the same weighed, provided however that the purchaser of such coal shall ha\e first paid the owners of the scales or to the seller of such coal or to the drixer or other person in charge of the *So in session l.uvs. !^lioiilci read " scales. " 852 Si'KciAi. Laws ok ihk vehicle containing such coal, an amount sufficient to meet the charges for weighing such coal, shall render the person, firm or corporation selling the coal liable to a penalty not to exceed fifty dollars. ^ 156. Owner of scales to give bonds The owner of such scales so designated, shall enter into a bond with the city in which such scales are situated, in the sum of five hundred dollars with two sufficient sureties, conditioned that such scales shall be kept in such condition as at all times to properly register the weight of coal, and that the person weighing coal thereat shall perform his duties faithfully, and furnish correct certificates to all persons having coal or coal vehicles weighed at such scales. The amount of such bond shall be recoverable at the suit of the city on proof that any of the conditions thereof have not been complied with. § 157. Publication of desig^nation — I'he designation of scales shall be in writing signed by the mayor of the city in which such scales are situated, and a copy thereof inserted in any official publica- tion in such citv, and if there be none in a newspaper published therein. § 1 5K kok niK i.kknsi.m; ok |)(m;s i.n iiiils ok THK SKCONl) I l..\SS. H)R I UK CARE .AND l-KOrKCTION OK LOST, .STRAVKn AND UO.MKI.KSS DOOS, KOR SKCURINC. AND l'ROTKCTlN(; THK RKllITS OK TlIK OWNKKS THKRKOF, AND KOR TMK I'RO- TKCTION OK rHK IMIUIC. ( /,. I902. Cfl. 294). .Section 1. License fee iCvery |)erson who owns or harlM)rs any dog within the corporate limits of any city of the secontl class who desires to maintain or preserve any right of property in such dog must procure yearK a license for the dog so owned or harbored and shall pay therefor the sum of oni' floUar. 354 Si'Kt lAi, Laws ok iiik ij 2. Unlicensed dojjs not to be onn ned or to run at large — It shall be unlawful hereafter for any doj; to be owned, possessed or harbored, or to run or be at large in any of the streets, alleys, parks or public places within the corporate limits of any city of the second class, without beiuL; (hilv licensed and wearinj; the metal tag as herein provided. 5? 3. Licenses; by whom granted — The license shall be granted upon application to the city clerk, shall be signed by the mayor's clerk and shall continue in force until the first day of May next ensuing after its issue. Every person receiving such license shall pay the license fee hereinbefore mentioned to the city clerk, who shall daily deposit the sums of money so received with the treasurer of the city. >i 4. Description of dog — In applying for such license, the owner shall slate in writing the name, sex, breed, age, color and marking of the dog for which a license is to be procured. ? :;. Collar to be worn — Every dog so licensed must wear around its neck a collar to which shall be attached a metal tag, dis- tinctly marked with the year in which the same is issued, and a number designated by the city clerk, which number shall be stated in the license granted. .Such metal tag shall be furnished by the city, and the use of any other tag as a substitute therefor shall be a misde- meanor, and upon conviction shall be punished by a fine of not less than hft\- dollars, or by imprisonnu-nt for not less than fifty days, or by both such fine and imprisonment. ? 6. Record of licenses — The city clerk shall keep in a book to be provided for that purpose a record of all dog licen.ses granted, with the name and residence of the person to whom issued, and the numl)er designated upon the metal lag furnished iherewitii. § 7. Term and renewal of license — Licenses granted under the provisions of this act shall date from the first day of May in each year, and must be renewed on expiration by the payment of one dollar for each renewal. The certificate of license or renewal shall be granted upon a similar application to that made in applying for the original license, and shall state the name and address of the Cnv ol ROCHKSTKK 855 owner of the dog and also the number of such license (jr renewal. No license shall be transferred without the consent of the c\W clerk endorsed thereon. {^ 8. Seizure of unlicensed dogs— It shall be lawful for any peace officer or any person duly authorized in writing by the mayor or for the poundmaster or any of his duly authorized assistants, or for the duly authorized representatives of a person or corjjoration under contract with the city, to capture, seize and deliver to the public pound or any suitable place to be approved by the mavor any dog found running at large in any of the streets, alleys, parks or public places within any city of the second class, not licensed, and not wear- ing the metal tag as pro\ided b\- this act. >j 9. Possession of dog, how resumed — Any dog so seized and impounded may be redeemed by any person producing the license thereof, and proving ownership of such dog within seventy-two hours after such seizure and impoundage. If it shall be shown that the license so produced was issued prior to the time when such dog was so seized or impounded, no payment shall be exacted for the return of the dog; otherwi.se, before the owner shall be permitted to resume possession of the said dog, he shall pay the sum of two dollars to the city clerk who shall thereupon issue an order directing the return of such dog to the owner. All sums of nionev so received shall be deposited with the city treasurer in like manner as the license fees hereinbefore provided for. If the owner of a dog seized or im- pounded under the provisions of this act does not resume its posses- sion by compliance with the foregoing provisions within seventy-two hours after the seizure and imi)on?id:ng thereof he shall forfeit all right of property in such dog. <} ID. Person harboring dog deemed onn ner- Any person owning or harboring a dog tor three <(iiis.( nti\ c d.ivs shall bi- deemed to be the owner thereof. 5? I I. Mayor may prohibit dogs from running at large — Whenever the mayor of any city of the second class shall deem it necessary for the protection of the public, he shall issue an order prohibiting for a certain time therein specified, any or all dogs from running at large in any public street or place within such citv. nnle.ss Jiofi Sima I. a I, Laws ok riiK such dogs be securely inu/zlccl or led by a line or chain, so as to effectually prevent them from biting any person or animal. Such order shall be published in the official newspapers of the city for such time as such mayor shall deem necessary. § 12. Interference with officer or other person — No per- son shall molest or interfere in any wa\ with any peace officer, pound- master or any of his duly authorized assistants, or with the duly authorized agents of any person or corporation under a contract witli a city while engaged in performing work under the provisions of this act. A violation of the provisions of this section shall be a misde- meanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars, or by imprisonment for not less than twenty-five days, or by both such tine and imprisonment. § 13. Dog kennels — The poundmaster, under the direction of the mayor of any city of the second class shall have power to con- struct a suitable building for a dog pound and shelter for lost, strayed or homeless dogs, the cost of which shall be paid from the license fees collected under the pro\-isions of this act. § 14. Contracts for seizing and impounding dogs The mayor of any city of the second class instead of authorizing the con- .struction of a building as provided in the last section may, in his dis- cretion, contract with an incorporated society for the prevention of cruelty to animals having jurisdiction in such city, for the capture and impoundage of all unlicensed dogs, and for the maintenance of a shelter for lost, strayed or homeless dogs therein, provided, however, that the compensation to be paid to such person or corporation by such contract shall not exceed in any one year the amount collected by the city from the payment of license fees during the current year for which such contract is made. The mayor may prescribe in the contract the manner in which the work is to be done and in which payments are to be made by the city thereunder and may also direct the disposition to be made of any and all dogs seized pursuant to the provisions of this act. The mayor shall also have power to order the destruction of any dog which he may deem dangerous or vicious, whether licensed or not, after three days written notice to and an oppor-tunit)' to be heard by the owner of such dog. City ok Rot hkstkk 357 § 15. Violation of act, how punished Any person viola- ting any of the provisions of this act, for which no other penalty is provided, shall be guilty of a misdemeanor, and upon conviction shall he punished by a tine of not less than five nor more than ten dollars, or by imprisonment for not less than ri\e nor more than ten days, or by both such line and imprisonment. *j 16. Act not to apply to certain dogs — i'he pro\isions of this act shall not apply to dogs owned by non-residents passing through any city of the second class, nor to dogs brought to any such city and entered for exhibition at any dog show. § 17. Repeal — All laws and the city ordinances of any city of the second class inconsistent with the provisions of this act are hereby repealed. § 18. When to take effect — I'his act shall take effect on the first day of April, nineteen hundred and two. License fees for dog;s are public moneys and cannot be directly appropriated to private corporations — Fox vs. Mohawk aiul H. R. Humane Socifly. 165 N. \ . 517. FIRE DEPARTMENT An Acr ro amknd .\ni) consolidaik riiK skvkk.m .m ts kkl.\ TING TO TIIK " FiRKMAN's BkNKVOLKNT A-SSOlM ATION OK ROCH- KSTER," AND PHK " FiRE DK.rARTMKNT OK THK CITY OK ROCHK.STER." (/.. 1864. r//. 140). 55 I. Corporators — John Craigie, George H. Harris, .Mfred S. Lane, Joseph B. Ward, L. Ward Clarke, Kgbert H. Jennings, ihomas H. I'ritchard, Darius Cole, Jr., George W. Par.sons, Samuel M. Stew- art, Abram Karnes, John Cowles and Richard (iilbert, and their suc- ces.sors, and all such other persons as now are, or hereafter may be, engineers of the fire department of the city of Rochester, or who may be members of any company recognized by the common council of .said city, as belonging to the fire department thereof, or who shall have become entitled to, and received their certificates of exemption as firemen from the common council of said city, are hereby con- 358 Spkciai. Laws oi- ihk slilvited a hoch' corporate and politic . I)\ the iiaiuc of •' The I'irc Department of the C'ity of Rochester," and by that name shall have perpetual succession, and may sue and be sued in any court whatever. 5; 2. Objects of corporation I'he general business and ob- jects of said corporation, shall be, to accumulate a fund for the relief of indigent members of said fire department, disabled while actually doing duty as firemen, and of such persons as shall have become enti- tled to, and received their certificates of exemption as firemen from the common council of said city, and also of such persons as shall be injured while actually doing duty, in the employ of said city, in man- aging or operating the steam fire engines, or other fire apparatus of said city, and of the families of all the aforesaid persons, which fund shall be appropriated and used in no other manner, except as herein- after otherwise provided. 55 3. Powers and rights of corporation — For the afore- said purposes said corporation shall have power to take, hold and convey real and personal property to an amount not exceeding one hundred thousand dollars: and shall have and be entitled to all the rights and benefits conferred by law upon the fire departments of other cities in this state. (.~ts ajnemhui /.. iSyr), C/i. 9). § 4. Trustees; officers; quorum The persons particularly named in the first section of this act, shall be the first trustees of said corporation, who shall elect from their number a president, two vice- presidents, a secretaiy, treasurer and collector ; seven of the said tru.s- tees, of whom the president, or one of the vice-presidents shall be one, shall form a quorum for the tran.saction of business ; and the affirma- tive vote of at least six members of the board shall be requisite in making any order for, or authorizing the investment of, any moneys, or the sale or transfer of any stock, securities or property, belonging to the corporation. >| 5. Vacancies; duties of trustees — All vacancies in the board of trustees caused by death, resignation or otherwise shall be filled by the board by ballot, without unnecessary delay, and at least six votes shall be necessary for the election of any trustee. The said trustees shall hold a regular meeting at least once in each month, to receive the reports of tlieir officers, as to the business and athiirsof the corporation, and to transact such business as may be necessary; and every trustee omiltiiii^ to attend the reijular nieetin<,^s of the board, for six months in succession, or iiaving ceased to be a resident of tlie citv of Rochester, may thereupon, at the ojDtion of said board, be consid- ered as havinj,' vacated his phtce, and a successor may be elected to till the same, 'i'he said trustees shall not, as such, directlv or indirectlv, receive any pay or emolument for their services. S 6. Power-^ of trustees — The business of said corporation shall be mana<;ed and directed by said board of trustees. They shall have power, from time to time, to make, constitute, ordain and estab- lish, alter and amend such by-laws, rules and regulations, as they shall judge proper, for the times and places of holding their meetings for the election of their officers, for prescribing their respective functions, and the mode of discharging the same, and their compensation, and generally, for managing and conducting the affairs of said corporation, provided such by-laws, rules and regulations are not repugnant to this act, nor to the constition or Vaw^ of thi-- state, or of the United States. 5? ;. Securities by officers, etc. — The subordinate officers and agents of the corporation shall respecti\ely give such security for their fidelity and good conduct as the board of trustees mav from time 1(1 time reciuire. ' * S. Investment of moneys .\11 the moneys of the ilepart- menl and corporation, shall be invested by said board of trustees, in bond and mortgage upon unincumbered real estate in the county of Monroe, or in the bonds of the cit\ of Rochester, or of the counlv of. Monroe aforesaid, or in the stocks of the state of New \ork. or of the I'nited States. § 9. Erection of firemen's monument ; burial lots ; diplomas; hospital patients; limitation of expenditures — The said board of trustees is hereby authorized to e.xpend a sum of money, not exceeding ten thousand dollars in the erection of a suitable monument in the lireman's burial lot in the Mount Hope cemetery in the city of Rochester, and not exceeding five thousand dollars in the erection of a suitable monument in the fireman's burial lot in the Holv .Sepulcher cemetery in the town of (Ireece. county of Monroe, state of 360 Si'KiiAi, Laws ok ihe New York, in mcinury of deceased tirciiicn. and such other sum annu- ally as may be necessary to take suitable care of said lots, and may also appropriate a sum of money, not exceeding five hundred dollars, for securing a suitable blank diploma for sale and presentation to ex- empt firemen, and may from time to time procure the jjrinting of such number of copies of said diploma as may be necessary : and may also appropriate and expend such sum of money as may be sufticieiit to secure board, lodging, medical care and attendance. per])etually, for not more than four patients at one time, in the hospitals of said city of Rochester, according to the rules and regulations of said hospitals. But the entire amount of all the annual expenditures shall not exceed the annual income of said bcxird of trustees. {Aineiitied I.. 1879, Ch. 9 : /.. 1887. Ch. 72). § 10. Part of the revised statutes applicable — I'hi^ cor- poration shall be subject to the provisions of the eighteenth chapter of the first part of the revised statutes, so far as the same are applicable. NoTK — Revised Statute.s, Fart T. Ch. 1 S. ie])ealed by the ( leiieral Coqioia- tion Law. (L. 1S92, Ch. 6S7). ?? 11. When in effect — Tliis act shall take effect immediately. Foreign fire insurance corporations shall pay tax of two per cent. on annual business to trcasuie r of tire (leparlnient t'nr benelil of said depannient — Insurance l.aw. §§ i3j;-i;;6. An Ai I \r I iioKi/i \(; and e.mpowkrinc. ihe common l()un>-ii. ok niK ( ir\ OK Rochester to inRtH.-vsE certai.\ lano and HRE.MISES OK KHK PrOTECTIVES N UMBER OnK AND ERECT THEREON A lUII.DlNC; FOR THE ACCOMMODATION OK KIRE Al'I'A- KATUS FOR THE EXTINGtJI.^lHMENT OF FIRES AND I'ROTEtTION OF I'ROI'ERTV THEREAT. (Z. I 88 I. Ch . I 2 I ). § 1. Authority of common council — The common council of the city of Rochester is hereby authorized and empowered to pur- chase of the protectives number one (an association duh' incorporated) a certain lot or parcel of land situated on North Fitzhugh street in said city, now occupied by said protectives number one, and to erect thereon as speedily as may be, a building in the place and stead of a certain building now situated thereon, and in accordance with plans and specifications heretofore adopted by .said protectives number one: provided said purchase price and building shall not exceed the sum City (>\ Koi hkstkr ;it»l of twenty thousand dollars. And said common council may, when- ever it shall deem proper, re-sell and convev said premises to ^aid protecti\es number one. ;j 2. Tax I'or the purpose of carrying the ]jr()\isions of .sec- tion one into etiect, the connnon council of said city is hereby author- ized and empowered to raise by tax, to be included in the annual levy for the year eighteen hundred and eighty -one. such sum as in its judgment may be necessary for the purposes aforesaid, not e.xceeding twenty thousand dollars. And until the re-purchase and re-convev- ance of said building and land b\- said |:)rotecti\es number one, the city may permit the use and occupation thereof by said protectives number one. on such terms as said common council may prescribe. ^ :;. When in effect This act shall take effect immediately. .\n Act 1-or ihk rki.ikk ok (.eriwin i-irk.mkx in thk i itv ok ROCHK.STKR. (/.. I.S94. Cy/. 140). ^ I. Alert hose certificates Die mayor of the city of Rochester is hereby authorized and empowered to grant certificates of exemption to members of the late Alert hose company of said city who were dul\- enrolled and in good staiuling in said compan\- on the hr.st day of November, eighteen hundred and ninety-three, in like manner and with the same effect as though they had served tin- full term of five years without pay as volunteer firemen. ■5 2. When in effect This at t shall take effect innneiliatelv. .\n .\(l 10 KSl AIU.ISII A I'KNsKiN KIND KOU rilK I'Alli KIRI MK- PARrMKNI' OK IIIK i\\\ (U KoCII K-- IKk. ( /.. I,S()4, ('//. ^24). Section 1. Trustees of pension fund The mayor of the city of Rochester, for the lime being, and his successors in office, the members of the executive board of the city of Rochester, for the lime being, and their succes.sors in office, or the person or persons having charge or control of the lire depariment of said city of Roch- ester, and their successors in office, the city treasurer of the city of Rochester, for the time being, and his succes.sors in office, and the chief engineer of the fire department of the city of Rochester, for the S&l Sl'KCIAI. L.\\\.-> ol I H K lime being, and liis successors in office, shall constitute a board of trustees of the pension fund for the paid fire department of said city of Rochester hereinafter mentioned. The mayor of tlie city of Rochester shall be president of said board, and the said board of tru.stees shall annually designate one of their number who shall be secretary thereof. The cit)' treasurer of the city of Rochester shall be treasurer of said pension fund. Such board of trustees shall have charge of and administer said fund, and, from time to time, invest the same or any part thereof, as they shall deem most beneficial to said fund, and are empowered to collect and receive said fund, to make all necessary contracts and take all necessary and proper action and proceedings in the premises, and to make payments from said fund of pensions granted in pursuance of this act. The said trustees shall, from time to time, establish such rules and regulations for said pen- sion fund as they may deem best. They shall report, in detail, the condition of the fund at the close of each fiscal year of the fire department, through their secretary, to the common council, and said report shall be published with the annual report of the fire depart- ment of the said city. No payments whatever shall be allowed or made by said trustees as rewards, gratuities or compensation to any person for salary or for services rendered to or for said board of trustees. § 2. Sources of pension fund — The pension fund of the paid fire department of the city of Rochester shall consist of: 1. All fines imposed upon the members of the paid fire de- partment of said city by the executive board thereof, or the person or persons having charge or control of the fire department of said city. (As atne7ided L. 1896, CJi. 696). 2. All rewards in money, fees, gifts, testimonials and emoluments that may be paid or given for or on account of extraordinary services by the said paid fire department, or any member thereof, except such as have been or shall be allowed by the person or persons having charge or control of said department to be retained by said member or members. (As amended L. 1896, Ch. 696). 3. All moneys, pay, compensation or salar)-.<)r any part thereof, forfeited, deducted or withheld from any member or members of the fire department force, for or on account of absence or suspension from CiTv OK Rochester 863 duly, except in case of sickness, to be paid monthly to the treasurer of said relief fund; and the person, persons or board having charge or control of the fire department of said city of Rochester are authorized and empowered, in their discretion, to deduct and withhold pay, salary and compensation from any member or members of said department, for or on account of absence from duty, except when such absence shall be caused from sickness or disability, for which leave of absence shall have been granted in accordance with the rules of said department. (As aincndcd L. 1896, Ch. 696). 4. All licenses or taxes collected and received for, and rev- enues derived from, licenses of theatres and public places of amuse- ment in said city. {As amended L. 1896, C7i. 696), 5. .Vll proceeds of suits for penalties for violations of the (ordi- nances of the said city of Rochester relating to the management, con- duct and control of or interference with the fire department thereof, and also relating to the erection and construction of wooden buildings in said city. (As aiiiendi'd L. 1896, Ch. 696). 6. All moneys which shall be deducted from the nuMithly pay of each fireman and officer of said department, from the monthly pen- sion of the retired memlicrs of the said department, and from the pav of such other employees of said department as mav be entitled to par- ticipate in said fund, and which shall be the sum of fiftv cents each month from each of said persons, (.-^.v antiiidt'd /.. \'^()U. Ch. 696). 7. The common council sliall^ annually include in the lax lew the sum of three thousand dollars, which sum shall, at the time when the appropriation for the conduct of the fire department shall be made, be set apart and paid oyer to the treasurer of the trustees of the pen- sion fund for the |)aid tire department, (.-/.v ijiiirndrd /.. \^()(). Ch. (h)G). S T,. Persons entitleJ to pensions It shall be the dutv of the executive board to retire and dismiss from membership in the said paid fire department, and thereupon grant pensions, as hereinafter provided, to any member of the paid fire department force of said city who shall have become disabled, physically or mentally, or .so advanced in age as to be unfit for fire duty, and to widows and orphans of such members, to be paid from the said pension fund by the board of trus- tees thereof, as follows : 864 Si'Kt lAi, Laws ok imk I. To I he widow of am iiiciiil)t.r of ilic |)ai(l fire departincnl who shall ha\c been killed while in the actual performance of duty, oi who shall have died from the effects of any injury received while in the actual (lischarj^e of such duly, or who has died or who shall hereafter die after twenty years service in the paid the flepartment of said city, or who shall have been retired upon a pension under section four of this act. if there be no child or children under eighteen years of ajje of anv such members, three himdred dollars per annum : but if there be any such child or t;hildren of any such member under the a<^e afore- said, then the said sum ma\- be di\ ided between such widow, child or children in such proportion and in such manner as the said board may direct. (As amriidcJ /,. 181)6. Ch. 696). z. To an\ child or children under eighteen years of age of such member killed or dying as aforesaid, or pensioner as aforesaid, but leaving no widow, or if a widow, then after her death, to such child or children being yet under eighteen years of age, three hundred dollars per annum. (As aniciuicd /.. 1896. Ch. 696). 3. 'l"o an\" such member of said paid tire department who shall, after twenty years membership in the paid hre department, become superannuated by age, permanently insane, or incaj^acitated or disa- bled, physically or nientall}'. so as to be unfitted or unable to perform full tire dutv by reason of such disability or disease, contracted without misconduct on his part, a sum not less than one-half the full salary or compensation of suih member so retiretl. at the time of his retirement; prf>vided. however, that no pension granted under the provisions of of this section shall exceed si.v hundred dollars per annum (.-/.» atnniih-il I.. 1896, Ch. 696). >: 4. Retirement by request .\n\ member of the p.iid tiie department force who has or shall have performed duty therein for a period of twenty years, or upwards, either as a paid or minute man, and any member of the paid tire department force, who. while in the actual performance f)f dutv and by reason of the performance of such dutv, and without fault or misconduct on his part, shall ha\e become permanently disabled, physically or mentally, .so as to be unfitted to perform full hre duty, upon his own application in writing, or upon a certificate of the surgeon of the fire department, showing fliat such member is permanently disabled, physically or mentally, so as to be i'ny OK !<()( MKSTKK 3t>5 iinht ioT duty, shall, by rcsoliilion imanimousiy adopted by the board, person or persons havinj^ ciiar^^e and cf)ntrol of the paid fire depart- ment of said city, be retired and dismissed from said force and service and placed on the roll of the pension fund of the paid fire department, and awarded and granted to be paid from said pension fund an annual pension during his lifetime of a sum not less than one-half the full sal- ary or compensation of such member so retired, at the time of his retirement : provided, however, that no pension granted under the provisions of this section shall exceed the sum of six hundred dollars per annum. Pensions granted under this section shall be for the nat- ural life f>f the pensioner, and shall not be revoked, repealed or dimin- ished. Pensions shall be continued and paid to the widows and chil- dren or. if no widow, to the child or children, while under the age of eighteen years, of any member or members of the paid fire department force to whom pensions shall have been granted under the provisions of this section or under subdivision three of .section three of this act : provided, however, that such pensions to such widows or children, as the case may be. shall in no instance exceed six hundred dollars per annum. (.7.v; (rf/ir/n/ri/ /.. 1.S95. C'//. iS^;). § 5. Pensions to widows — Pensions to widows shall termi- nate when the widow shall remarry, and pensions to children shall ter- minate whene\erlhe children shall, respectively, arrive at the age of eighteen \ears. ( .Is (Hiirih/rti I . iSoCi. Ch. (n)U i. A\\S <)!• IIIK found at anv time inadcqualc lo fully canv out tin- pro\ision.s of this act. the trustees shall pay to the depeiuleiits on such fund as near a pro rata amount as in their iud<;ment the circumstances may warrant. ij S. Fraudulent claims K,\erv j^erson who Um^wingly or willfully in any wise procures the makiii}^ or presentation of any £al.se or fraudulent affidavit or affirmation concerning; any claim for pension i>r payment thereof, shall in every such case, forfeit a sum not e.xceediuL,' two hundred and fifty dollars, to be sued for and recovered by and in the name of the said l^oard of trustees of said pension fund, and when recovered, paid over to and thereujjon become a part of said pension fund of the paid lire department of the city of Rochester. ? II. Laws repealed — .Ml acts or parts of acts inconsistent with or repugnant to the provisions of this act are hereby repealed. ? I J When in effect -i'his act shall take effect immediately. An .\c\ 10 l.Ki;\I.IZK \M> cO.NKIKM CKUrAIN AI-I-OIN r.MK.\ is AND PRO.MOTIONS MADK I.\ THE FIKK DKP A R PM KN r OK IHE CITV OK ROCHK.STKR. ( /. 1896. C//. 707). Section i. Fire department appointments legalized — All appointments and promotions heretofore made in the tire department CJiY OK RixuKsiKK :i<57 of the city of Rochester from the roiiipclili\c elij,'ible list jjreparecl by the civil service commission of said city are hereby lej^alized, ratified ind confirmed. § 2. Actions pending- Nothin;^^ in this act contained shall affect any action or proceeding now pendint;. § 3. When in effect — This act shall lake effect innnediately. An Act vok vwv. kki.ikf of ckriain iikkmkn iv iiih -in <■! ROCHESTKR. (/,. I.S9.S. C7l. 571). Section 1. Active hose certificates — The mayor of the citv of Rochester is hereby authorized and empowered to grant certificates of exemption to members of the late Active hose company of said city, who were duly enrolled and in good standing in said company on the fourteenth day of March, eighteen hundred and ninety-eight, in like manner and with the same effect as though they had served the full term of five years, without pay. as volunteer firemen. ol I 111 of March, i-i^hlcfn luiiulicd and sixty-ti\c, and whether any. and if any, what olj.striictions have been placed in said river wliich tended to cause or increa.se the extent of such inuiKhition. and the nature and extent of such obstructions, and wliat measures, proceedings and remedies are necessary or proper for the purpo.se of guarding against or preventing a recurrence of such inundation, and that for this pur- pose the said commissioners are hereby empowered to make or cause to be made all neces.sary surveys, explorations and examinations by suitable engineers or otherwise, and to this end may enter upon any and all lands or buildings necessary to that purpo.se; and the said commissioners are also empowered to summon before them and take the testimony, under oath or affirmation, to be administered by any of said commissioners, of all or any witnesses that they shall see fit, and to require and compel the production of any papers, books or records, which they may deem j^ertinent thereto ; and they may issue their summons or order in the nature of a subpoena, to be signed by them or any one of them, commanding and requiring the attendance of such witnesses and the production of such papers, which shall be served in the same manner as subpcenas in criminal cases, and di.s- obedience to which shall, when reported by said commissioners to the supreme court, be punished as a contempt in like manner as dis- obedience to the process of subpcena when issued by said court. ^ 2. Commissioners' oaths of office Said conuiiissioners before entering upon their duties, shall take the usual oath of office, and file the same in the office of the secretary of state. iJ V Commissioners' report^- .Said connni.ssioners shall trans- mit their report to the legislature at its next annual session, which report shall be accompanied b\ maps and drawings explanatory thereof, and a duplicate of such report, maps and drawings, shall be filed by said commissioners in the ofiice of the clerk of the county of Monroe ;it least ten days before they transmit the same to the legislatme. K KlHUKSTKR •{•»'•• piir}X).se of making such payment tlic >.iiu >i.iiiiiiwii >oiincil may horrow money upon the credil of said city, antl shall include the .imount of such expenses in the next annual assessment Of taxes. $ 5. Majority when necessary — A majority of said com- missioners sliall be necessary to make any determination, but any of them may take testimony to be reported by him to his associates. $ 6. Inability of commissioners — In case oi the inability or refusal of any of said conuiiissioners to act, the duties hereby imposed shall devoKe upon and l)e executed by the other commissioners. ut(uient. .ind no surety shall be required thereto. {5 S. When in effect This act shall take elVet I inuuediately. Common council may prohibit absolutely encroachments in (ienesec ri\cr — Ciiv d' Kik lit-ici \^. < »s1i..ih. ; I .tn>iiiu ;; .\n Ai t m rii<)ki/i.\(. riiK si i'kkin rKSKKxr ok pi.hi.u works ni M.MMAIN rilAt I'dKriON OK TIIK (iK.NEsKK RIVKK KKKItKR LYING wrrMiN riiK i,i\irrs 01 ihk (Ity ok Rocukstkr in si'cn ion- i>rno\ rii\r n siiai.i. not i:k pktrimkn iai. to rnK ih'im.u lu \i rii. (/,. iSSo. (7/. .^59). The legislature has declared certain portions oi the (iencscc river to be a public hijchway — 1,. i.Sij. Cli. 47 (\.in N.>.> .nul W ondwrth. Ki viv,(| l.;i\\>. \'i>l. .'. |>. jS:;i. •• Au ACX. dcfclariDK certain waters to hi- public liinh\vaj>. i-ti.." Com i> " tl)i- (iiii'Mu river from tlu' Rreat falls therein initil its jinu tii>n with llu' (aiRSerajia en ek antl the said creek from ii.s saitl junction to (he snuthern boundary of townsliip number si-ycn in the .seventh range of the county of Ontario:" 1.. i.Si.S. ("h. 51 (passed March iq. 1S18, 41st session). "An ;{70 Si'K I \l I , WVS (II I Ml- act tleclarinj; certain waters therein niciiiioned a public highway" declares that •• so much of the Genesee river from the confluence of the Caneseraga creek up lf the falls to ihe head of the rajjids in the town of Nunda, and so much of said river as is included fron> the Penn- sylvania line, down to I'hilipsbur^h Mills in the said town of Angelica, be and is hereby declared a public highway ; " 1.. 1S2S, Ch. 250, "An act declaring a ])art of the Genesee river a public highway" ( passed April i8ih. 1S2S, 50th session) reads as follows : "All that pan of the Genesee river from the village of Koch- ester to the I'ennsylvania line, not heretofore declared to be a public highway, shall, from and after the passage of this act, be. and the same is hereby declared a public highway ; but this act shall not be so construed as to affect any mills or dams already erected on that portion of said river, which is. by this art ilechued to be a public highway." MEMORIAL DAY An Ac I 10 i'Roviue for the i'ropkr ob.skrvance ok memorial DAY IN THE CITY OF ROCHESTER, AND TO AUTHORIZE THE COM- MON COUNCIL OF SAID CITY TO MAKE AN ANNUAL A IM'KOI'K I A- TION FOR THAT PURPOSE. ( /,. 1S97, C/l. 424'). Section i. Five hundred dollars may be appropriated The conimoii council of the city of- Rochester is hereby authorized in its discretion, and with the consent of the mayor, to raise annually, and in the same manner as moneys for city purposes are raised, a sum not to exceed five hundred dollars in any one year, and to e.xpend the same in meeting the expense of a proper observance of Memorial day, and in the decoration of the graves of the dead .soldiers, sailors and marines, buried in the cemeteries of said cit}- and its suburbs. ij 2. Money how spent — Said moneys shall be expended under the direction of the various veteran organizations of said city, and shall be paid by the city treasurer, upon the warratit of the city clerk, after the items thereof shall have l)een audited Ity the eily auditor and approved by the common council. i> ;. When in effect — 'i'his ncl shall take clTfci immcdiili-K-. An An 10 knaim.k veterans 10 pakiuipaii in ini kmkiisis OF MEMORLAL DAY. (/. I1S95, C// . 2 20). Section 1. Veterans to have leave of absence — It shall be the duty of the head of every public department and of ever)- court of the state of New Vork. of ever)- superintendent or foreman on the (Jiv OK RcM nK^iKk :>71 public works of said state, of the county officers of the several coun- ties of said state, and of the head of eveiy department, bureau and orticc in the {;o\ernnient of the various cities and villages in this state, to rHAN I.KOAILV \l rilOKIZKl) I'MVSKIANS. (/,. I S<)5 . ( 7/. .S42 ). Section i. Examiners in midwifery —( )n or before the lirst day of July, eighteen hundred and ninety-live, the mayor of the city of Rochester shall appoint a board of examiners in midwiferv to consist of three members, two of whom shall be legally qualified physicians and surgeons of at least five years practice, who together with the health officer of said city (ex officio) shall constitute such board, and thereafter as often as any vacancy shall occur in said board, said mayor shall fill such vacancy. The members of such board other than the health ofiicer shall receive as compensation for their ser\ ices the sum of ten dollars each for each day necessarily given to the per- formance of their duties. Such compensation shall be paid by the city treasurer of said city out of such general fund of said city as may be set apart for the contingent expenses of .said city .uid shall be paid :i7- Si'iAiAi. Lwvs ()i- iHK on an order of tlu- loninion comuil ot said city, aflcr due piintf of such services has been rendered. I'he terms of office of the members of such board other than the lieallli ottu (.-r shall lie for three years each. jj 2. Officers of board of examiners- Immediately after sucli appointment said bf)ard shall or<;ani/e by the selection of one of its members as president, and of another as secretary and treasurer, who shall hold their offices for one year and be thereafter elected annually, and shall adopt and have power to adopt and enforce such rules and regulations as are necessary to cany out the ]jurpf)scs and prf)visions of this act. 5? V Examinations and certificates -Such examiners shall meet on the first Tuesday of April and ( )clober in each year, and on such other days as such board ma\ appoint, after due notice thereof is publicly given, in the city of Rochester, and shall then e.xamine all candidates of the age of twenty-one years and upwards, who shall pre- sent themselves to be examined, as to their moral character and qualitications to practice midwifery, and shall on receipt of ten dol- lars, issue their certificate to any person so examined, who shall be found l)v them to be qualified, which certificate shall set forth that said board has found the person to whom it is issued c|ualitie(l to practice midwifery in the city of Rochester, and such certificate shall be recorded 1)\ the clerk of the said city of Rochester in a book to lie kept for that purpose. All moneys going into the treasury of this board shall be turned over to the city treasurer of said citv anil bv him ( rediled lo the contingent fund of said city. >} 4. Powers of a midwife — Any jierson who h.is received and recorded such certificate shall thereupon be designated a mid- wife, and authorized and entitled within the city of Rochester to practice midwifery in cases of iioiinal labor, and in no others : but such persons shall not in any ca.ses of labor, use instruments of an\ kind, nor assist labor by any artificial, forcible, or mechanical means, nor perform \ersion nor attemjit to remove adherent placenta-, nor administer, prescribe, advise, or employ any poisonous or dangerous drug, herb or medicine, nor attempt the treatment of disease except where the attendance of a physician can not be speedily procured, and in such cases, such persons shall at once and in the most speedy way procure the attendance of a physician. (■|^^ OK Ri)iiiK>iKk ;;7-) § 5. Revoking certificates — Said hoard of e.\amiiicr.«. >liall have power, on |)ropcr cause Ijeinj; shown, and after ^jivinj; a hearing,' to the person holdini,' their certificate, to recommend to the maxor of the city of Rocliester the revoking of the same, and said niavor shall have power to rexoke such certificate and license. § (). Penalties Any jierson who shall practice, or wiihont the attendance of a ph\si( ian where one can he i)ro( ured. attend a case of ohstetrics within the city of Rochester, after the thirt\-tirst day of Decemher, eit,dUeen hundred and ninety-tue. without heini; duly authorized so to do under existing laws of this slate, or without having received and recorded the certiticate provitled for hy this act. and any persf)n who shall \iolate any of the pros isions of this act shall he guilty of a misdemeanor and on ton\iction thereof shall he lined not less than fifty dollars nor more than one hundred dollars. ami shall forfeit any certificate therefor granted under the provisions of (his act. § 7. When in effect I'his act shall take ciVtct innnediatelv. MONROE COUNTY PHNITHNTIARV .\\ Al r 10 l'l<0\||iK lOK rill- \l \l.\ TKN \\( K 01 l'K|s(iNKK.s sKNT ro riiK .MoNKoi. ((iiNrx iM;.MTKNri.\i.^). Section i. I)efra\ in>; expenses of arrest, trial and con\ ic- tion of prisoners All expenses incurred hy the < ity of Rochester or any of the towns in the county of Monroe, for the arrest, trial aiui c«»n- vic.tion of any prisoner, hy any |)olice justice or justice of the peace in said count), iiu hiding the hoard .iiul ilothing of said prisoner while under sentence at the Monroe county penitentiary, shall he home and paid hy the town or city where such trial and conviction shall he had. $5 2. Disposition of fines .\ll tines im|X).sed and received hy any magistrate or police justice in the county of Monroe, and all fines received hy the superintendent of the Monroe countv peniten- tiary, shall helf)ng to the poor fund, .md sh.ill he used for the sup|>ort :',74 Si'KciAi. I,\u> (»i iHh of the poor in such town or cily icspeclivcly. uherf such trial and conviction shall be had; except that all tines imposed by the police justices of the city of Rochester shall, when collected, be jDaid to the treasurer of said city, and by him credited to the police fund ; and except that all fines imposed by the police justice or magistrate of the village of Honeoye Falls shall, when collected, be paid to the treas- urer of said village, and by him credited to the general fund of said village. {Ameiith'ii I.. 1S79. Ch. 44.S ; /,. 1881. Cli. 291 ). is 3. Duty of superintendent of Monroe county peniten- tiary — The superintendent of the Monroe county penitentiary shall. as soon as this act shall take effect, cause proper books of account to be opened with the city of Rochester, and the several towns in said county of Monroe, in which shall be entered the name and residence of all persons convicted and sent to the said penitentiary from said countv. and all expenses for said prisoner while under sentence at said penitentiar)' shall be charged to the city of Rochester or the town from which such person shall be sent. «i 4. Report of superintendent; assessment of deficiency 'l"he superintendent of said penitentiary shall report annually to the board of supervisors of said county, and within ten days from the first day's session of said board, and shall present a detailed statement to said board, giving the name of each person confined in said peniten- tiary, and the period of the confinement, showing the indebtedness to said penitentiary of the city of Rochester and the several towns in the county separately, and the balance due from such city or town respectively ; and the board of supervisors of said county shall assess such balance on the taxable property of the city of Rochester or the towns from which such balance shall be due as will be sufficient to pav all such indebtedness to said penitentiar)-. ? :;. Payment of assessment — The amount so as.sessed on the city, and the several towns in the county, shall, when collected, be paid to the count}' treasurer and credited to the penitentiaiy fund. § 6. Acts repealed — All acts and parts of acts heretofore passed inconsistent with the provisions of this act are to that extent hereby repealed. ^ 7. When in effect — This act shall take effect on the first dav of March next. City of Rochester ^^75 An Act in rklation to the Monroe Col'niv Workiiol'se. (/. 1858, C/i. 188). Section i. Name— The name of the workhouse of the county of Monroe, as designated in the act chapter two hundred and seventy- nine, of the laws of the year eighteen hundred and fift)-three, is hereby changed to " The Monroe County Penitentiary," by which name it shall hereafter be known and designated, and all acts and parts of acts passed by the legislature of this state, and all acts of the board of supervisors of Monroe county, or of any other county in this state, or of the inspectors or superintendent or other officers thereof, and all sentences or other acts of any of the courts of this state, referring or applicable to the said workhouse of the county of Monroe, shall apply to " The Monroe County Penitentiary," and to the prison- ers, officers, and inspectors thereof, so far as the *naine shall be applicable. § 2. Who shall be committed — Whenever any person shall be convicted, in the county of Monroe, of any offense punishable by imprisonment in the county jail, or by such imprisonment and a fine, or shall be sentenced by any court of competent authority in said county, for any offense, to pay a fine and to be committed until such fine is paid, such person shall be committed to the Monroe county penitentiar)-, instead of the county jail, and may be so sentenced by the court before whom such person shall be tried, and shall be received into said penitentiary, and be there kept and employed at labor in the same manner as other convicts in said penitentiar)-, and shall be in like manner subject to the rules and discipline of said penitcntiarv. § 3. For what offences persons ma\ be com milted In all cases arising in the county of Monroe, where any per.son shall be convicted before any court or magistrate of said county, or of the city of Rochester, of the offense of drunken- ness, vagrancy, or disorderly conduct, or shall be required to give security to keep the peace, or for good behavior, if such security shall not be given to the satisfaction of such court or magistrate, such person may be committed or sentenced as the case •So in the origin.il. 370 Special Laws ok thk may require, by such court or officer, to imprisonment at lalior, in the Monroe county penitentiary, for a term not exceeding three months, in the discretion of such court or magistrate. All persons so sen- tenced or ordered to be committed, shall be received into said pen- itentiary, and be employed at labor therein, and be subject to the rules and discipline thereof, until discharged according to law. § 4. When in effect — This act shall take effect immediately. Note — See Old Charter, § 264, this hook, p. 274, PARKS An Act to provide for the improvement and care of private PARKS in the city OF ROCHESTER IN THIS STATE. (Z. 1880, Ch. 96). Section 1 . Common council to levy annual taxes for private parks — The common council of the city of Rochester, of this state, shall annually, upon the written application of the owners of more than one half of the number of lineal feet front of all the land on any private park in said city, le\y a tax upon all such land for the pur- pose of defraying the expenses of making the repairs and improve- ments of such park, not exceeding in any one year one dollar per lineal foot front of all land on such park. The tax shall be appor- tioned equally upon all the lands so on such park, and shall be col- lected at the same time, and in the same manner, as the general city tax in said city. The amount of such tax, when collected, shall be paid by the city treasurer of said city to the person assigned in the application to receive it. {Ainended L. 1888, C7/. 198; Z. 1889,(7//. 410). § 2. When in effect — This act shall take efifect immediately. An Act to authorize the selection, location and acquiring OF certain grounds for public parks and park-ways in and near the city of Rochester, and to provide for the maintenance and embellishment thereof. (Z. 1888, Ch. 193). Section i. Commissioners ; term of office and vacancies — William C. Barry, Henry Bartholomay, James H. Brown, John Ewing Durand, George W. Elliott, James S. Graham, Halbert S. Greenleaf, City of Rochester 377 John (irccnwood, James W . Gillis, lleni\- 1-. 1 Iuntin<^l(jii, Josepli Cauffman, William S. Kimball, Mathias Kondolf, Bernard J. McQuaid. Kdward M. Moore, (ieorge N. Newell, Daniel W. Powers, Mortimer F. Reynolds, Hiram W. Sibley, \\illiam Lee, and Alfred Wright, are hereby appointed commissioners of the parks, park-ways and ap- proaches thereof which may be created pursuant to the provisions of this act, with the name and style of park commissioners. The said park commissioners shall hold office for the term of five years from the hrst day of May, eighteen hundred and eighty-eight, and until others are appointed in their places. In case any of the persons above named shall not undertake the office of this commission, or in case of a vacancy in said board occasioned by expiration of terms of office or otherwise, such vacancy shall be filled by the mayor of the city of Rochester by and with the advice and consent of not less than ■ two-thirds of all the members of the common council of said city, and the person so appointed shall hold his office for the term of five years from the date of his appointment, and until another shall be ap- pointed in his place, except that when a person is appointed to a vacancy occurring before the term of office in which the vacancy occurs shall have been completed, such person so appointed shall hold his office for the remainder of said term of five years not completed by his predecessor, and until another shall be appointed in his place. No member of said board shall receive any compensation for his services ; but each commissioner shall receive his actual disburse- ments or expenses in visiting and superintending said parks, when done by the direction of the board of park commissioners. i^Amcnded I.. i(S9o, Cli. 344; /.. 1H97, CJi. 436; /,. 1902, Cli. 531). i iiik aiuoiuU so certiticd. Such assessments shall be collected and the payment thereof enforced with, and in like manner as, the general city taxes, in said city and when paid shall be placed by the city treasurer to the credit of the improvement on account of which they were col- lected. Said park commissioners shall also have power to cause any of the trees in the public streets, parks, squares, avenues and alleys of said city to be removed, pruned and trimmed when owned by the city and whenever required for a necessar}- public improvement, and in any other case, with the consent of the owner of such trees, or after making compensation, to be agreed upon or determined by proceed- ings taken under the condemnation law. The compensation allowed and expenses of such proceedings may be paid out of the funds of said park commissioners or assessed and collected as hereinbefore provided in the case of the planting of trees. Said park commission- ers shall also have the power to pass ordinances to protect and pre- serve all trees in the public streets, parks, squares, avenues and alleys of said city and to regulate and prohibit the planting of such trees, a violation of which ordinances shall be a misdemeanor and shall sub- ject the offender on conviction to a fine of not exceeding one hundred dollars or to imprisonment not exceeding thirty days, or both in the discretion of the court. No officer, contractor, or agent of said city shall hereafter interfere in any way with trees in the public streets, parks, squares, avenues and alleys of said city without first procuring a written consent from said park commissioners or such officer or committee as maybe designated by them. {Amended L. 1894, Ch. 393; L. 1895, C/i. 708; /.. 1896. Ch. 511: /. 1897. Ch. 745; L. 1903, Ch. 58). Park board cannot remove trees arbitrarily — Kllison vs. Allen. 30 N. ^■. .Supp. ^4 1 , ii 25. Appropriation for repairs and improvements — The board of estimate and apporlionnient of said city shall every year estimate and the common council shall appropriate for the said park commissioners, such sum of money as they shall require, and as to said boards shall appear reasonable and just, for the government, maintenance, extension and improvement of said park or parks, park- ways, approaches thereto and streets connecting the same, and for keeping in repair the improvements and .structures therein, and for ClIV OK ROCHKSTER 3^9 providing a suitable otiicc for said commissioners, for the maintenance of small parks in said city and care of shade trees in said small parks and the streets, avenues and alleys of said city. The sum of money appropriated pursuant to this section shall l)e raised in the annual levy of taxes. iAviciidi-tl I.. i(S()o. i'/i. 34^ ; /.. 1S95, Ch. 708: /,. 1900. Ch. 4X4: /.. 190;^. ('//. 58). 5; 26. Treasurer's receipts and payments 1 he money raised by the sale of the bf)ncls issued pursuant to the jirovisions of this act shall be deposited as fast as the same shall be realized with the treasurer of the city of Rochester, who shall keep a separate account of all moneys received by him for the la}ang out and improvement of the park or parks, park-ways, approaches thereto, and streets connecting the same, to be known as the '• park improvement fund" He shall hold all such moneys on account of and for the pur- poses of said improvements, and the expenses herein authorized, and shall pay them out as pro\ided in this act, and not otherwise. The said park commissioners shall draw their drafts upon the said treasurer, signed by their president and secretary, for all claims, charges and expenses, authorized and incurred by the commission in laying out and improving of said park or parks, park-ways, approaches thereto, and streets connecting the same, specifying in such drafts the purpo.se for which they are drawn, and the treasurer shall pay the same out of the improvement moneys, upon the presentation of said drafts. The moneys voted by the common council pursuant to sec- tion twenty-five of this act, shall be deposited with the treasurer of .said city, who shall keep a .separate account of all such moneys, ami the same shall be known as the " park maintenance fund," which may be used for any park purposes except that of purchasing land ; and he shall pay them out upon the drafts of said park commissioners issued in the form and manner prescribed by this section, and not otherwise ; and the said treasurer shall pay the said drafts out of the .said " park maintenance fund," upon the presentation of said drafts. (As afUfriiiiJ J . iSqo, Ch. .^44). § 27. Prohibition iigainsl debt, etc. None of the said park commissioners, nor any person, whether in the employ of said commis.sioners or otherwise, shall have the power to create any debt. .'}'.)() Si'KciAi, Laws ok tiik ol)ligation, claim or liability, for or on account of the said the park commissioners, except with the express authority of said comniis- ^inncrs, conferred at a meeting thereof duly convened and held. $ 28. Absence from meetings — The office of any of the said park commissioners who shall not attend the meetings of the said board of the said park commissioners* for three successive months, after having been duly notilied of said meetings, without reason there- for satisfactory to said board, or without leave of absence from said board, shall by said board be declared vacant, and the term of office of said commissioner shall be ended thereby. ^ 29. Grants and bequests — Real and personal property may be granted, bequeathed, devised or conveyed to the said city of Rochester, for the purpose of the extension, improvement or ornamen- tation of the said park or parks, park-ways, approaches thereto and streets connecting the same, or for the establishments* or maintenance therein of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, works of art, or bathing facilities, upon such trusts and conditions as maybe prescribed by the grantors, or devisors thereof, and agreed to by the said park commis- sioners. All property so devised, granted, bequeathed or conveyed heretofore to the city of Rochester, within the boundaries of the sys- tem of parks, park-ways, streets and approaches, under this act located by the park commissioners or hereafter for the purposes of this act acquired by the city of Rochester, and the rents, issues, profits and income thereof, shall be subject to the exclusive management, direc- tion and control of the said the park commissioners. All other lands acquired by the said city of Rochester, under the provisions of this act, except lands received by gift, whenever the board of the park commissioners shall determine the same or any parcel thereof is unne- cessary to be longer used for the purposes of the commission, may be sold at public auction after twenty days notice thereof in the official paper of the city by the city treasurer. The deed thereof shall be executed to the purchaser by the mayor of the city, and the purchase price thereof paid to the city treasurer and put to the credit of the park improvement fund, as an addition thereto. *So in the ori"inal. Cn\ <>( k(H IIK>IKK olH S 29, Supra, is constitutional — In re applii-aiinn < iiy of K...liest-r to ar(|uiit- lands for park purposes, 137 N. W J4 ,. Park lands cannot be acquired for the purpose of re-selling, lull unnecessary lands may be disposed of. and the jirovision of § 29, st//>m, aulhori/.ing sale, does not render the art void— In le apjilitatinn ("itvof Koch- ester, etc., 4S St. Rep. ^^S. ii 30. Park ordinances li shall he lawful for said ho.ircl of ihc park commissioners, at any meetin*:; thereof duly convened, to pass such ordinances as they may deem necessary, for the use, regulation, protection and goxernmcnt of the said park or parks, park-ways, ap- proaches thereto, and streets connecting the same, not inconsistent with the ordinances of the city of Rochester or with the provisions of this act ; such ordinances shall, immediately upon their passage, be published for ten days in two daily newspapers published in said ( itv. one of which shall be the official pa]')er. >; 31. Penalties for violation of park ordinances All per- sons offending against such ordinances shall be deemed guilty of a misdemeanor and shall be pimished. on conviction, before any court or magi.strate of competent jinisdiction in the city of Rochester, by a fine not exceeding one himflred dollars or b\- imprisonment not ex- ceeding thirt\ da\s. or both, at the discretion of the court. § 32. Proceedings in supreme court — All proceedings in any court, contemplated by this act shall l)e had in the supreme court of the state of New \'ork. except under the last preceeding section. \\'hene\er in this ai t the words •• streets connecting" are used, the same refer only to streets within the boundaries of the grounds located by the board, and reported to the common council under section three of this ac t. ij 33. City officials Ineligible as coninii.s.-^ioners No offi- cer of the said city ot Rochester, receiving a tee 01 s.ilaiy for his serv- ices except connnissioner of deeds, shall be eligible to the office of a park commissioner, and acceptance bv anv park connnissioner of such elective or appointed office of said i itv. shall vacate his said office as park conniiissione! . § 34. Police protection to be pr<)\ ided b\ llic coinniis- sioner of public safety of the citN of Rochester — it shall be the dntv of the c onuiiissioner n| iniiiiir s.ifetx of the i itv of Rochester to .■['.•l! Si^KciAi, Lwv.s (II- riiK provide police protection for llie parks, park-ways, the approaclies thereto and the streets connecting the same. Said commissioner ot public safety shall within thirty days after this act takes effect, provide for the physical examination of all members of the existing park police force and shall appoint all members of said park police force who are found on such examination to be physically qualified for police duty, to be members of police force of said cit}'. {Added l>y I.. 1900, Ch. 484). «} 35. When in effect — This act siiall take effect iminediatclv. An Act to authorize the construction and maintenance 01 park boulevards in and near the city of rochester, and provide for the cost and expense thereof. (z. 1 89 i . Ch. 317). Section i. Powers of commissioners — The park commis- sioners of the city of Rochester, in addition to the powers already granted to them by chapter one hundred and ninety-three of the laws of eighteen hundred and eight}'-eight, and the amendments thereto, shall have power to select and locate such grounds in and near tlie city of Rochester, as may in their opinion be proper and desirable to be reserved, set apart or acquired for one or more public park boule- vards, and for this purpose may take any part or parts of existing streets in said city and change the lines thereof, and may take by gift, or purchase, or may acquire by condemnation proceedings, such land or lands as may to them seem necessary for such purposes. § 2. Resolution of commissioners — Whenever said park commissioners shall determine to lay out any park boulevard, they shall at a regular meeting of said commissioners by resolution de- clare such determination, and shall cause an estimate of the cost and expenses of such improvemen* to be made, and they shall describe and declare the portion or part of the cit}^ of Rochester, which they deem proper to be assessed for the expense of such improvement, and if in the judgment of said commissioners a part of such expense should be paid by the city at large, they shall declare what part or portion of such expense shall be paid from the public treasuiy and *So in the original. ('iTV f)l' 1<0( IIKS'IKK '',98 what part or portion thereof shall be assessed on the lerritf)ry de- clared by theiM to be benefited. Where the taking of land or the acquirement of a right (jr easement therein is necessary, it shall not be necessary to include the damage and charges therefor in the estimated expense. <} 3. Certificate to common council — As soon as practicable after the adoption by said crjuimissioners of a resolution as in .section two herein provided, said commissioners shall certify to the com- mon council of the cit\' of Rochester a copy of such resolution, with a minute of all the proceedings relating thereto, containing a de- .scription of the proposed improvement, the estimated expense of the same, the proportion, if any, ot the cost of such improvement to be paid from the public treasuiy. and the portif)n or part of the city to be assessed. § 4. Action of common council— At a regular meeting of the common council of the city of Rochester, held after such resolu- tion shall have been certitied to it the said common council shall proceed to consider said resolution, and the improvement proposed thereby, and shall take action thereon in the .same manner as action is had and taken by it on matters of public improvements under the provisions of the charter of the city of Rochester, except that it shall not be necessary for said conmion council to have any further esti- mate of the cost or expense of such improvement other than is fur- nished bv such resolution. § 5. Acquiring title of lands Whenever the common council shall determine to make any of the im|:)ro\enients in this act author- ized, and it shall be necessary for the purpose of such improvement tf) acquire title to the lands of any person or corporation, the city of Rochester is hereby authorized and empowered to acquire such lands, or any rights or easements therein, that may be necessary, either bv gift, purchase or condemnation proceedings, and whenever it may be necessary to actpiirt' such lands by condemnation proceedings, the said j)roceedings shall be taken in the same maimer and form as is had and taken by said city in accjuiring land for the purpose of opening streets, under the provisions of the charter of the city of Rochester. ;>U4 Si'KCiAi, Laws ok ihk S 6. Title in city of Rochester W Iicikvlt ihc fee, or any ri^lU or interest in lantls shall be acquired by the city of Rochester by virtue of this act, or the proceedings authorized herein, for the jnirposes of this act, such lands shall be taken in the name of the city of Rochester, but shall be subject to, and shall be under the manage- ment and control of the jxirk commissioners, and shall become and be a part of the park system of said ( il\ . ^ 7. Ordinance; payment of impro> ement \\'hcne\er the common council shall determine that the improvements recom- mended by resolution of the park commissioners shall be made, and that the whole or any part of the expenses of such improvement shall be defrayed by an assessment on the real estate, declared by said resolution of said park commissioners to be benefited thereby, it shall declare the same by an entry in its minutes, and after a.scer- taining as it deems proper the estimated expense of such improve- ment, it shall declare whether the whole or what portion thereof shall be assessed on such real estate specifying the estimated expense and the portion of the city deemed benefited by the improvement. When the estimate of the expense of such improvement, to be assessed, shall exceed in the aggregate, the sum of two thousand dollars, the expense of such improvement to be assessed may be paid one-third in cash, and the balance in the city's note at one and two years, with interest not exceeding six per centum, payable annually, and the cit\- may get its notes discounted for a period not exceeding one year with which to make such first payment when such improvement is completed. The entire expense thereof and connected therewith shall be ascertained by the city treasurer, together with the interest paid on the orders or notes issued by the city to pay the expense of such improvement, and interest on such sum shall be reckoned to the time the last installment of such assessment shall become due. The aggregate amount shall there- upon be reported to the common council, to adjust and report to the assessors of said city the amount to be assessed upon the property benefited, as in this act provided, and it shall meet for that pur- pose. Persons so assessed who shall make any payment previous to the maturity of said last installment therein, shall be entitled to a discount at the same rate as if paid on the city's note issued to' pay for such improvement. The common council may determine, at the C'l |•^ <)1 R()( HKSTEK 395 time of fixing' sucli aiiiouiit to be assessed, if the sum shall exceed two thousand dollars, that the taxpayers pay their assessments, in not more than three equal payments, one-third within thirt)' days of the time that the treasurer shall advertise the same, as hereinafter provided one-third within one year, and one-third within two years from the confirmation of such roll: The city treasurer may. in his discretion, issue his warrant for the collection of any part of such assessment that ma\' have become due. § S. Assessment -The common council shall, thereupon, make an ordei reciting; the amount of the expenses to be assessed, as aforesaid, and thereupon the assessors of said city if they are not interested in anv of the property directed in the ordinance, or in any other subsequent resolution, to be assessed and not of kin to any per.son interested in any such property, and if any two of them are not so interested or of kin, then such two shall make an assessment upon all the lots and parcels of land within the portion or part of the city directed to be assessed, of the amount of expenses, in propor- tion, as nearly as may be, to the advantage which each shall be deemed to receive by such improvement, which order shall be certified by the clerk of the city and delivered to one of said assessors. The said as.sessors shall thereupon take action thereon, and proceed in the same manner, as if said as\sessment was an assessment for an improvement authorized by the charier of the city of Rochester. The common council shall have power, instead of desij;natinj; the citv assessors to make such assessment, to appoint one or more s|x-cial assessors for such purpose, who shall have the same |X)wers and be subject to the .same duties, and proceed in the same manner provided in reference to the city assessors. .Ml assessments made under this act shall be collected in the same manner as provided in the charter of the city of Roc hesti-r for the < ollectinn of assessments for local imiiroviMiu-nls. !! I). Park iniproN eeiieiits Whenever the tommon (ouiuil shall have determinetl to make any improvement authorized by this act. the park connnissioners of the city of Rochester shall have sole jjower to execute the work necessary, and said impro\emeiit. and all matters and things appertaininjj ;!!<(■» SiMi I \i I , \\\ s ( II I n I thereto shall be under the control and inana-^^enient of the said park coniniissioners. and the said work may be done by said coniinissioners, either by contract or otherwise, as in the judgment of said park commissioners may seem best. Said common council is hereby authorized and empowered to borrow money upon the credit of said city, for the purposes specified in this act, in such amounts as may be necessary to anticipate the collection of the assessments herein provided for, in such manner and form and for such time as said common council may determine, and at a rate of interest not ex- ceeding four per centum per annum ; or said common council may authorize said park commissioners to pay out of the park boulevard fund, the expenses of said improvements which are to be paid by local assessment ; said moneys so advanced to be refunded when said assessments shall have been collected. (As amrinfrd /.. iSfjcj, Ch. 394). ;; 10. Park boulevard fund- I'or the purpose of paying such part or portions of the exj^ense of any improvement authorized by this act, which shall be declared payable out of tiie public treasury, the common council shall raise annually such sums as shall be re- ported by its finance committee as necessary for that jjurpose. The said finance committee shall ascertain and report the amount of money necessary for this purpose, in the same manner and at the same time that said committee ascertains and reports the sums necessar}- to be raised in each year for the various funds and de])art- ments of said city ; and the common council shall raise the sum or sums necessary to be raised for the purposes of this act in the same manner and at the same time as are raised the various sums of monev necessar}- for the various funds and departments of said city, and such moneys when raised shall be set apart by the treasurer of the city of Rochester, and credited to a fund to be known as the park boulevard fund ; said treasurer shall hold all such moneys on account of and for the purposes of the improvements herein authorized, and shall pa\ them out on order of the park commissioners and not otherwise. The park commissioners shall draw drafts upon the said treasurer, signed by the president and secretaiy. specifying the purpose for which they arc drawn, and the name of the fund from which they shall be paid, and the said city treasurer shall pay the same out of the said fund. (iTN <)i- Rochester oU7 4; II. Care and maintenance of boule\ ard - For the pur- pose of paying;; for the care and maintenance of said park boulevards after the same shall ha\e been constructed, the common council of said city shall annually, upon the written application of the park commissioners, levy a tax upon all the lands abutting upon such park boulevards not exceeding, in any one year, the sum of ten cents per lineal foot front of all lands abutting on such park boulevards. The tax shall be apportioned equally upon all the lands, so on such park boulevards, and shall be collected at the same time and in the same manner, as the general city tax in said city. The amount of such lax, when collected shall be set apart, by tiu,- cit} treasurer of said (•it\ and credited to the said park boulevard fund. >j I J. When in effect — This act shall take effect iminedialel\ . .\n .\(l \\) HkOXlDE K)l< rilK .\C(,)Llsm<>N A.M) I M I'KOVKMEM HV fHK ciTv OK Rochester ok cert.ain l.ands in s.\ii> < IT^ kor iTiuji park hcrposes. (/.. 1903. C//. 354). Section 1. Lands for parks, how acquired — ihe park com- missioners of the city of Rochester are hereby autiiorized to acquire for and on behalf of said city of Rochester for the purposes of a public park by purcha.se. gift, or by condemnation proceedings con- ducted under the laws now in force, prescribing the method of pro- (edure of acquiring by the right of eminent domain, title to real estate in and near the city of Rochester for public parks, the title in fee free and clear from all claims, liens and encumbrances in and to ( ertain real property described as follows : Being all that tract or parcel of land, situate in the city of Rochester, county of Monroe and state of New \'ork. described as follows: ("ominencing at .1 point at the intersection of the south line of Main street ea.st with the north line of University avenue: thence running along the south line of Main street east about four hundred and nine and twenty-foClr hundredths feet to the west line of North I'nion street : thence running along said west line of North Union street about two hundred and tifty-nine and Hve-tenths feet to the north line of Uni \ersity avenue: thence along the north line of University avenue about three hundred and fourteen and ei'ditv-four hundredths feet to 80s Shkciai. Laws ok imk the place of beginning. The cost of said hinds to be acquired under the provisions of tiiis act shall not exceed the sum of thirty thousand dollars. >; 2. Use of lands— Said property when accpiired shall be laid out as a public park and iinpioxcd and rinbellished untler the direc- tion of said park cf)niniissioners, and the said park commissioners shall have the care, maintenance and control thereof. § 3. Bonds — lor the purpose of providing funds for the pur- chase of said lands and the expenses connected therewith, and for laying out the same as a public park and improving and embellishing the same, the common council of the citv of Rochester is hereby authorized to cause to be issued l)onds of said city of Rochester to be known as •' city of Rochester park bonds." the aggregate amount thereof not to exceed thirty thousand dollars, which bonds shall be signed b)'' the mayor and treasurer of said city, sealed with the cor- porate seal of said city and countersigned by the comptroller of said city, and shall be payable at such place as the common council shall designate, and shall bear interest at a rate not exceeding four per centum per annun), and shall be sold under the direction of the comp- troller after competition upon sealed proposals, at not less than par ; said bonds shall be issued iw denominations of one thousand dollars each and shall run for a period of ten years from the date of issue, and shall contain a provision that they may be redeemed at the end of five years or thereafter upon the payment of principal and accrued interest. The amount of the principal of three of said bonds shall be raised each year thereafter in the annual levy of taxes, together with interest accrued and to accrue during such year upon all of said bonds unpaid and unredeemed, until a sutticient sum is raised to pay and redeem said bonds, and the sums so raised shall be paid into a sinking fund from which the principal and interest of said bonds shall be paid. and an\ of said bonds may be paid and redeemed at the end of five years or thereafter as mav be directed by the common council. $ 4. City notes Pending the issue and sale of said bonds, the common ctjuncil is hereby authorized to cause the moneys necessary to carry out the purposes of this act, or any part thereof, to be raised and borrowed on city notes which shall be paid and redeeemed from the CiTV OI- RcKUKSlKl^ 399 proceeds of the sale of the said 'ooiids. I'lie proceeds of the sale of said bonds or notes shall he paid into the cit\' treasur\ and |)aid out on the draft of the park commissioners, in the same manner as moneys are drawn out of the •• park maintenance fund.'" =! 5. When in effect This act shall take effect immedialel) . Act authorizing the common council to borrow mone\ to pioviiL- for tinii)or,n\ \\am> of |);irk Ix lard -1 .. iSi)|. ('li. (. Act authorizing gifts and devises for parks— 1,. i.Si;o. Ch. 160, as anil ikIkI I.. iS()2, Cli. 25, L. r.S<)6, Vh. 5 V POLICE DEPARTMENT An Act to ksiahlish a polick pkxsion i-i nd iok imk i iiv i)y ROCHKSTKR. (/.. 1887. 67/. 614). Section i. Board of trustees; officers; duties; rules and rejfulations ; annual report — The mavor of the citv of Rochester for the time beinj^ (and his succes.sors ' in otTice). the police com- missioners of the city of Rochester for the time heinj^ (and their successors in office), and the city treasurer of the city of Rochester for the time heinj.j (and his successors in office), shall ((Uislitute a board of trustees of the police pension fund hereinafter mentioneil. The mavor of the city of Rochester shall be president of said board, and thev shall annualh' (lesiL;nate one of their number who shall !•(.■ secretary thereof. The cil}' treasurer of the city of Rochester shall be the treasurer of said pension police fund. Such l)oard of trustees shall ha\«' char;;e of and administer said fund, and, from time to time, invest tiie same, or any part thereof, as they shall deem most beneli- cial to said fund, and are empowered to make all necessary contracts and take all necessary and lirojier action and procecdiiiijs in tiie prenjises .\\)d to make pavments from said fund of pensions <;ranted in pursuant e of this act. The said trustees shall, from time to time, establish such rules and regulations for the administration of the police pension fund as thev mav deem best. TheN' shall report, in 4tHt Spkcial 1>a\\s ok iiik detail, the condition of llu- fund at tlic close of each fiscal year of tiie police department, through their secretary, to the common council, and said report shall be published with the annual report of the police department. No payments whatever shall be allowed, or made, by said trustees as rewards, gratuities or compensation to any person for salary or services rendered to or for said board of trustees. § 2. Police pension fund, how created The police pension fund shall consist of : 1. All fines imposed upon nienibeis of the police force by the conmiissioner of public safety and all moneys, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any member or members of the police force, for or on account of ab.sence for any cause, lost or sick time, sickness or disability, (^s atnctulcd L. 1903. Ch. 382). 2. All moneys paid for special services as policemen at balls, parties, weddings, excursions or picnics, and all rewards or gifts that may be jjaid or given to any member of the police force tor his ser\'ices. {As aiiioidcd L. 1903. CIi. 382). 3. The avails of all lost or stolen securities, choses in aclit)n, moneys, things, or other property which shall remain unclainied in possession of the police department for the period of six months after the conviction for stealing the same, together with the avails of all unclaimed or confiscated property of every nature soever which shall have been in custody of said police department for such period of six months, and all cash, money or property left as security for appear- ances in police court which shall be forfeited. {As nmcndcil L. 1903, Ch. 382). 4. All fines imposed in the police court of the city of Rochester and collected for carrying or having in custody concealed or danger- ous weapons, and for violations of an ordinance adopted by the com- mon council of said city, entitled " An ordinance relating to the public safety and good order," as now or hereafter named, and one- half of all fines so imposed and collected for non-registration of dogs. (As (unciuliii /,. 1903, Cli. 382). 5. All revenues derived from licenses for public use of triplet, billiard and pool tables, or any other similar table for revenue, bowl- ("riv oi Ro( iiKsri-.K 4(H ing alleys and pawnbrokers, and all lines and penalties indicted and collected throu<;h prosecutions connected with the public use of trip- let, billiard and pool tables, bowlinj^^ alleys and pawnbrokiny; business, '['he license fees to be charged for the use of bowling alle\s, triplet. l)illiard and pool tables, or any other similar table for revenue in said city, shall be at the rate of five dollars each for the first two tables or alleys, and two dollars for each additional alley or table used or put up in the same room in any one year. And the commissioner of pub- lic safety of said city is hereby authorized to designate a member of the police department, whose duty it shall be to deliver all such licenses granted and issued by said commissioner of public safety in the name of the city of Rochester, to all proper persons applying therefor, within the city, upon the payment to him of said license fees, and it shall be the duty of such persons to pay over any and all of the said moneys thus received by him to the treasurer of the police pen- sion fund. N(; person sliall keep a bowling alley, billiard or pool table for revenue in said city, without tirst obtaining a license there- for, under a penalty, upon conviction, of ten dollars, and in default of payment shall be imprisoned in the Monroe county penitentiary ten days, or until said fine is paid, not exceeding ten days. (.~ls amrndcd I.. i<)03, C '//. 3S-)- ^ 3. Pensioners — ("he board of police commissioner> shall liave power, in its iliscretion. by the unanimous vote of a full board, to retire and dismiss from membership in the said police force, and thereupon grant pensions, as hereinafter provided, tf) anv member of 4((ll Spkci \i, I,\\vs ()i- riiK the police forte of said cil\ wlio shall iia\e become clisableil. physically or nuntally. or so advanced in age as to be unfit for police duty, and, by a unanimous \ote of the board, to widows and orphans of such members, to be paid from the jjolice pension fund by the board of trustees thereof as follows : I. To the widow of any member of the police force who shall ha\e been killed while in the actual performance of duty or shall have died from the elTects of any injury received whilst in the actual dis- char^je of such duty, or who has died, or who shall hereafter die after fifteen years of service in the police force in the city of Rochester, or after such continued sersice in time as shall in the judgment of the said commissioners be equal to fifteen years regular service, though not covering fifteen calendar years, or who shall have been retired upon a pension under section four of this act, if there be no child or children under eighteen years of age of any such member, the sum of not exceeding two hundred and fifty dollars per annum ; but if there be any such ( hild or children of such member under the age afore- said, then the said sum may be divided between such widow, child or children in such proportion and in such manner as the said board may direct. ( ^/.v nmcui/cil /.. 1901. Ch. 721). 1. To any child or children under eighteen years of age of such member killed or tlying as aforesaid, or pensioner as aforesaid, but leaving no widow, or. if a widow, then, after her death, to such child or children being yet under eighteen years of age, a sum not exceed- ing two hundred and liftv dollars per annum. ( /.. 1.S87. C/i. 614). .V 1 o any such member of said police force who shall, after fifteen years and less than twenty years membership, become super- annuated by age, permanently insane or mentally incapacitated, or flisabled. ])hysically or mentally, so as to be unfitted or unable to perform full jjolice duty by reason of such disability or disease, con- tracted without misconduct on his ])art. a sum not less than two hundred and fifty dollars nor exceeding ti\e hundred dollars per annum. ( /.. iXSy. C/i. 6141. 4. In computing the time of service of any member of the police force for the purposes of this section, the term of .service of such mem- ber on any regular jiolice or fire department force of the city shall be computed and taken the same as service On the police force of the ( I 1 V ol R(H M K>'IKR 4(K-{ city, and it shall not be dceiiiccl necessar}- for the purposes <>t this section that sucli service shall have been continuous. {Aiiili',1 hy /.. 1901 . ('//. 433 I. (irantin}; pensions discretionary — i'.-,,|)i. . ^ .. i I'Ji.l \.-.. .M.iinn. 1 ',1 \. V. i. § 4. Amount of pension of policemen, widows or children — Any member of the police force who has. or shall have. |)erfornied duly therein for a period of twenty years or upward, and any member of the police force who. whilst in the actual performance of duty, and by reason of the performance of such duty, and without fault or misconduct on his part, shall have become permanently disabled physically or mentally, so as to be unfitted to perform full police duty, upon his own application, in writinj^;. or upon a certificate of the police surgeon, showinj^ that such member is permanently disabled, physi- cally or mentally, so as to be unfit for duty, shall, by resolution, unanimously adopted by a full board, be retired and dismissed from said force and service, and placed on the roll of the police pension fund and awarded and <,Manted to be paid from said pension fund, an .uinual pension diuinj^ his lifetime of a sum of not less than one-half of the full salary or compensation of such member so retired. I'ensions j,nanted under this section shall be for the natural life of the pen- sioner, and shall not be revoked, rej^ealed or diminished. Pensions may, in the iliscretion of the said ijoard of police, be continued and l^aid to the widows and children : or, if no widow, to the child or c hildreii, whilst under the age of eighteen years, of any member or members of the police force to whom pensions shall have been granted, under the provisions of this section, or under subdivision three of section three ot this act: iiro\icled. however, th.it such pen- sions to such widows or children, as the case may be. shall, in no instance, exceed t"i\ e hundred dollars per annum, and the same may. in the discretion of said board, be from time to time diminished, modified or revoked. (As ntnrtuliti /.. iS<)4. ('//. 519). Ketirinji: a policeman dlscrctionar> l't'o]>lf <-.\ \v\. \\\,\i\\ \^ M.ntui. 115 N- V. .-5;. ^ 5. Terminalion and re\ ociilion of pensions Pensions to widows shall terminate when the widow shall re-marry and pensions to children shall terminate whenever the children shall, respectively. 4M4 SlM( I \l I, \U > (II IH I arrive at the age of eij^hteen years. The police commissioners may. in their discretion, order any pension granted, or any part thereof, to cease, except in the case of members of the police force retired after twenty years service, as provided in the last preceding section, but in all sxich cases said board siiall tile with the trustees of the police pen- sion fund a written statement of the causes which determined them in ordering any pension to so cease, and nothing herein contained shall render the granting or payment of such pension obligatory on the police commissioners, or upon the trustees of the police pension fund, or chargeable as a matter of right upon said police pension fund, except as provided in the last |-)ieceding section. § 6. Certificate of surgeon ; contents— NO member of the police force shall be awarded, granted or paid a pension on account of physical or mental disability or disease, unless upon the certificate of the surgeon of the police department, which sliall set forth the cause, nature and extent of the disability, disease or injury of each member of the police force who may be placed upon the pension roll ; and said certificate shall distinctly state whether or not such disability, disea.se or injur)- was incurred or sustained by said mem- ber of the police force in the performance of police duty, and such certificate siiall in each case be filed with and entered upon the minutes of the police commissioners. § 7. Pro rata payment when funds inadequate — Should the moneys at the disposal of the tru.stees of the police pension fund be found at any time inadequate to fully carry out the provisions of this act, the trustees shall pay to the dependents on such fund as near a ])rn rata amount as in their judgment the circumstances may war ran I S b. 1^ alse swearing in pension claim, how punished— Kver)' person who knowingly or willfully in anywise procures the making or presentation of any false or fraudulent affidavit or aftirma- tion concerning any claim for pension or payment thereof, shall in every such case forfeit a sum not exceeding two hundred and fift)' dollars, to be sued for and recovered by and in the name of the said board of trustees, and when recovered paid over to and thereupon become a part of the said police pension fund. ('iTY OK RoiHliSTKK 4<»") § ij. Power of board of trustees to take oaths and ac- knowledgments ; perjury -For the purposes of this ad. the per- sons constituting the board of trustees of the poHce pension fund are hereby authorized to administer oaths and take acknowledg- ments; and any person who shall willfully swear falsely in any oath or affirmation in obtainin*;- or procuring any pension or payment thereof, under the iDro\isif)ns of this act. shall be guilty of perjur)'. i? 1 o. Pension fund exempted from execution — The moneys, securities and effects of the ]X)lice pension fund, and all pensions granted and payable from said fund, shall be and are exempt from execution and from all process and proceedings to enjoin and recover the same by or on behalf of any creditor or ]XMson having or asserting any claim against, or debt or liability of, any pensioner of said fund. § II. When in effect — i'his act shall take effect inunediatelv. An Act i,k(;ai.i/ing, ratifying and conkir.minc. cKRrAi.\ w- I'0INTMF:NTS and I'RO.MOTIONS HERKTOKORE MADE IN THE POLICE department OF THE CITV nv RoCIIE-STER. (Z. 1896, C7/. 706). .Section i. Police department appointments legalized — - .\11 appointments and promotion.s heretofore made in the police department of the city of Rochester from the competitive eligible list prepared by the civil service commissioners of said city are hereby legalized, ratified and confirmed. § 2. Actions pending — This act shall not affect any action or jiroceeding now jiending. § ^v When in effect Tliis .k t shall take effect inunediatelv. An Aci in KKiArioN lo iiik poiu k dei- ar r\iKN i ok ihi- iii\ t)K R(x ni-sii- u. (/.. iSi)^. C'//. 594). Section i. Vacations of policemen The board of police of the city of Rochester may grant to each member of the police depart- ment thereof, who has not for a period of twelve months next pre- ceding violated anv of the rules or regulations prescribed bv law. f)r 4lHi Si'Kl I \l. 1,A\N.S OK IHK 1)V said 1x1. nd of police, a vacation of not more than seven Miccessivc- (lays in each year with pay and a lea\e of aljsence of one (hiy in each month be^inninji at six o'clock in the evenin;^ of one day and endin<.j at six o'clock in the eveninj; of the following; day. with pa\. .No discrimination or preference in j^nantini,' such vacations or lca\es of ab.sence shall be made as Ijetween members so qiialilied. but if such a vacation or leave of absence be granted to any member so qualified a like vacation or leave of absence shall be {^ranted as impartially and equally as may be to each member so t|uaiitied. .Such a vacation or leave of absence may be suspended by the board of police at .iny time when, in the judgmeiil of the board, the |)ni)li( interests recjuire such suspension. $ 2. When in effect I'iiis act shall take elfeit immediately. Act for the rcliff of William H. Bilner — 1.. n/oo, Ch. J72. .\cl fi)r the relief of Jacub Murkey — 1-. i<)Oi, Ch. 107. PUBLIC MARKET An Ai r ro At ihoki/k rnK (onsirix'iio.n \m> \i.\i \ kk.n a.si k 01 A Pl'HI.K MARKKT OR MARKKrs IN rilK rrr\ ii| Koc HKSIKR. AND TIIK LOCATION ANI> \r(^»f ISI IION OK (.ROI NHS rilKRKKOK. AND TO I'ROVIDK KOR IIIK MAINTKNANCE THKRKOK. ( /.. 1 90 1 . Ch. 58 0. Section 1. Market cummissioners Charles 11. Halxotk. -Mexander !!. l.amberton, l-xlwin A. Fisher. Ceorge A. Lane and William Deininger are hereby appointed commissioners of the public market or markets which may be created pursuant to the provisions of this act, with the name and style of " Market Commissioners." The said market conunissioners shall hold ofHce for the term of three years from the tirst clay of May, nineteen hundred and one, and until others are appointed in their places. .\t the expiration of the term of office of any member of said market commission, the said office shall be filled by appointment by the mayor of the city of Rochester, and a person so appointed shall hold his office for a term of three ("nv OK RocuKsiKK 4ii7 years from the date of his appoititnient and until a successor he appointed in his place. In case of a vacancy in the board of market commissioners, the mayor sliall till the vacancy by appointment for the remainder of the term. No member of said board shall receive any compensation for his services. «i 2. Meetings of market commission — Every commis- sioner shall, before enterinjj; upon ihe dvilies of his office, take and subscribe the oath jirescribed by the constitution of the state, which oath shall be tiled in the otfice of the clerk of the county of Monroe. The said market ccjmniissioners shall hold their first meeting; on the first Monda\' of May. one thousand nine hundred and one. at eleven o'clock ante meridian, at the mayor's office ni said citv. and shall, at said meeting, elect by ballot a president, vice-president, secretar)- and treasurer, who shall be members lheref)f. A majority of said board of market commissioners shall constitute a quorum for the transaction of business: and the said market connnissioners shall ha\e power to adopt by-laws, not inconsistent with the ordinances of the common council, with the provisions of this act, or with the other laws of the state, for the orderly transaction of their business and performance of their duties hereunder. Meetings of the board shall be held at least once in each calendar month ; and the office of any of the said com- missioners who shall not attend the meetings of the board for three successive months, after ha\ iiig been duly notified of said meetings, without reason therefor satisfactory to said board or without leave of absence from said board, shall by said board be declared vacant : and the term of office of said commissioner shall lie ended therebv. >; 3. Powers <►( coniniissioii S.iid Mi.nkel i onunissioners shall have power, subject to the approval of the common council, to select and locate such grounds within the city of Rochester as maw in their judgmeut, be desir.ible to be reserved, set apart and acquired for one or more i)ubli( m.irkets and approaches thereto; and for this purpose, and by and with the consent of the common council of said city, may take any part or parts of existing streets and change the lines thereof. The site or sites sh.ill be selected w ith a view to the general conxenience and advantage to residents in every portion of said city. Within ten days after organization the said commissioners shall ad\ ertise for proposals or tenders of a site or sites, which adver- 40S Sfkciai. Laws of thk tiscmcnt shall specify within niaxinuini and niiniinuin limits, the amount of pri\ate lands desired, and the maximum amount that will be paid therefor. Such advertisement for tender or proposals shall be published in the official newspaper of said city twice a week for three weeks and the expense thereof shall be a general city charge. As soon as practicable after such proposals, if any, are received, the said market commissioners shall make selection of the site or sites within the city deemed most desirable and in the making of such selection shall not be restricted to premises described in any pro- posals received ; and after making such selection shall have surveys and plans made by and under the supervision of the city engineer, showing in detail the site selected and plans contemplated, and shall report all proposals received by them and the site selected, to the common council of said city. After the approval by the common council of the site selected, the said market commissioners shall enter into agreements of purchase of lands selected for which the owners will make contracts of sale. Such agreements of purchase shall be subject to the approval of the board of contract and supply of said city, and the purchase price thereof shall be paid out of the market fund hereinafter provided from the sale of the Rochester market bonds. All parts of .streets, avenues and highways now laid out as running through said lands desired by said market commissioners to be closed and discontinued, shall be closed and discontinued by and with the consent of the common council, in the manner provided by law for the discontinuance of streets in the city of Rochester. All lands acquired, either by private purchase or condemnation, under and in pursuance of this act. are hereby declared to be public places. § 4. Condemnation proceedings — In case the said board of market commissioners is unal)le to agree with the owner or owners for the jmrchase of any real estate or lands, or rights or easement therein, required for the purpose aforesaid, they shall thereupon report said fact to the common council of the cit}' of Rochester, and said common council shall thereupon have the right to acquire the title to the same by condemnation proceedings conducted under the laws prescribing the method of procedure of acquiring title to real estate for streets and other corporate purposes, by the right of eminent domain in the citv of Roche.ster. Crrv OF RocHKsTER 409 ^ 5. Construction of buildings — After the acquisition of lands, either by condemnation or pri\'ate sale as hereinbefore pro- vided, the said connnissioners shall have plans and surveys prepared by and under the supervision of the city engineer, for the construc- tion of such buildings and making of such impro\"ements upon such lands as in the judgment of said commissioners are deemed necessary or desirable : and contracts therefor, within the limits of moneys available for that purpose, based upon specilications prepared by or under the supervision of the city engineer, shall be made by the board of contract and supply of said city, after public notice, in the manner ]Drovided by law for the making of contracts for the perform- ance of work or supplying of materials for the department of public works and other public departments of said city. ij 6. Commissioners not to be interested in contracts — It shall be a misdemeanor for any commissioner to be directly or indirectly or in any way pecuniarily interested in any contract or work of any kind whatever connected with said market, markets, approaches thereto or streets connecting the same, and it shall be the duty of any commissioner or other person who may have knowledge or information of the violation of this pro\ision. forthwith to report the same to the mayor of the city of Rochester, who shall present the facts of the case to the supreme coiut of the state of New \'ork. The said court shall hear, in a sununary manner, such commissioner in relation thereto, and any evidence he may offer ; and if, after such hearing, the said court shall be satisfied of the truth of said charge, the justice holding the same shall, by an order of the said court, to be made at chambers or in term, immediately remo\e the said com- missioner. ? 7. Employment of assistants — The said market com- missioners, for the purpose of performing the duties imposed upon them by this act. shall ha\e the |iower to employ such assistants at such salaries or compensation as may be authorized and prescribed by the board of estimate and apportionment, at a yearly expense not exceeding two thousand dollars, which assistants and emplo3-ees shall perform such duties as may be imposed upon him or them, respec- tively, by said market connnissioners; and the salary or salaries or compensation of such assistants and employees, when certified by the 410 Spkciai. Laws ok thk market coininissioners, shall be a char KKWAKDS IN NKaKSSAKY EXTENSKS FOR IHE AIM'KEIIENSION OR CONVICTION OI" I'KUSOVS (Ull IN ol CRIME IN SAID ( ITV. ( /,. 1902. Cfl. 540). Section 1. A\ayor may offer rewards — The mayor of the city of Rochester is herein' authorized to offer rewards and ex- pend money in necessary expenses for the apprehension and con- 414 Si'KA lAi. Laws oi iiik viction of persons guilty of committing crime in said city, in such an amount as shall he approved hy the hoard of estimate and apportion- ment and the common council. 'I'he sums so expended shall he assessed and collected as other city charges. i! 2. When in effect This act shall take effect immediatelv. ROCHESTER AND GENESEE VALLEY RAILROAD COMPANY'S STOCK An Act tci authori/k thk citv ok Rochester io sei.i. and DISPOSE 0|- THE STOCK OI' THE ROCHESTER AND GeNESEE Vai.lev Raii road co.mpann owned hy it. (/,. 1903, C//. 381). .Section i. City may sell railroad stock — 'I'he city of Roch- ester is hereby authorized to sell and dispose of the stock of the Rochester and (ienesee Valley railroad company owned by it, to the highest bidder or bidders, after competition, upon sealed proposals. At least ten days notice of such sale shall be published in the official newspapers. The other details of such sale and the time thereof shall be determined by the common council. The officer designated by the common council to conduct such sale shall have the power to reject all bids, whereupon bids may be re-advertised for. >; 2. When in effect — This act shall take effect immediatelv. SCHOOLS An Act to e.m power the citv ok Rochester to acquire title to lands taken for, or in addition to, sites for school iu;ii.DiN(;s. (L. 1885, C//. 27). Section i. City authorized to acquire Iand5 for school sites — The city of Rochester is hereby authorized and empowered to acquire title to land designated by the board of education of said city as a site for a public school building, or additional land adjoin- C^ITV OK RtKHKSTKR 41;") in^^ and for the enlargement of an established site in the manner hereinafter specified, in cases where the said city is unable to acquire title to said land by purchase. j 2. Proceedings — The board of education of said city, by and with the consent of the common council, may present a petition in the name of the city of Rochester praying for the appointment of commissioners of appraisal to the supreme court at any general or special term thereof held in the seventh judicial district ; such petition shall be signed and verified either by the mayor of said city or by the president of the said board of education ; said petition shall contain an allegation that the board of education of the said city has desig- nated the lands for the site of a public school building, or in addition to. and for the enlargement of. an established site, describing such land by its locality, and by metes and bounds, stating the quantit)- thereof, as nearly as may be, and shall state that the said city has not been able to acquire title thereto and the reason of such in- ability : and it must also state the names and places of residence of the parties who own or have, or claim to own or have, estates or interests in the property so sought to be acquired, as far as the same can b}- reasonable diligence be a.scertained. If an\ of such persons are infants, their ages, as near as may be. must be stated : if anv are idiots, or persons of unsound mind, or imknown. such facts must be stated, together with an allegation of all liens or incvnnbrances u]X>n said j^ropertx' which arc within the knowledge of the said board of education. Said petition shall be tiled in the office of the clerk of the county of Monroe, and at the time of the tiling thereof, or at any lime afterward, the ])elitioners may cau.se a notice of the pendency of the proceeding to be filed in said office, which notice the county clerk shall file and record in the same mannei that similar notices in actions in the su|M"en>e court are recjuiretl to be filed and recorded, which notice shall, state the object of the proceeding and contain a description of the land, and the nanus of the parties afiected thereby. And all persons who shall claim in whatsoever wav any title to. interest in. lien or incum- brance upon said land after the filing of the notice of the pendency of the proceedings aforesaid, shall be l)ound and afiected by said proceeding in the same manner, and to the same extent, as if they had been named in the petition as parties thereto, and said ]>ersons 41,s —On presenting such petition tq the supreme court as aforesaid, with proof of the service of a copy thereof, and of said notices as aforesaid, all persons whose estates or interests are to be affected by the proposed proceedings relative to the land described in the petition may appear in person, or bv attorney, before the said court, and show cause against the gianling of the jiraver of the said jietitidn. The court >hall 418 Si'KciAi. Laws oi- thk hear the proofs and allegations of the parties, and if no sufficient cause be shown against granting the prayer of the petition, it shall make an order appointing three disinterested and competent freeholders who reside in the county of Monroe, as commissioners to ascertain and appraise the value of said land, and determine the compensation to be made to the owners or persons interested in said property so to be acquired ; the said order shall also appoint the time and place for the first meeting of said commissioners. § 6. Commissioners of appraisal; powers and duties; compensation ; costs — '{'he said commissioners, before entering upon their duties, shall be sworn before some officer authorized to administer an oath, that they will fairly and impartially view the land in question, hear the proofs and allegations of the parties interested, and make a just and reasonable award of the compensation to be paid by the city of Rochester for the said land to be appropriated for the site, or a part of the site, of a public school building. The said com- missioners shall have power to subpcena and administer oaths to witnesses, and the majority of them may adjourn the proceedings from time to time in their discretion. They shall also view the premises described in the petition, and hear the proofs and allegations of the parties, and reduce the testimony taken before them, if any, to writing, and after the testimony is taken in each case, they, or a majority of them, shall, without unnecessar)- delay, ascertain and determine the compensation whicii ought justly to be made to the owners or persons interested in the property so sought to be acquired, and they, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian of any infant, or to the committee of any idiot, or person of unsound mind, or to an attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding, who has not appeared, for his costs and expen.ses ; they shall make a report of their proceedings and award in the case, signed by them, or a majority of them, which shall be accompanied by the minutes of the testimony taken by them. The said commissioners shall each be entitled to five dollars for ever\ da)- they are actually engaged in the performance of their duties, together with their expenses, which shall be paid by the city of Rochester. Where the owners, or persons interested in the property sought to be acquired shall have awarded City of Rochester 419 to them an amount not exceeding the compensation offered by the city of Rochester for such property so sought to be acquired for their interest therein, the said city may ij|pCover, and the said supreme court may award against such persons the amount so paid to said com- missioners, and necessarily expended for witnesses, or such part thereof as said supreme court shall deem proper. ^ 7. Confirmation of report — On such report being made by such commissioners, the said city of Rochester shall give notice to the parties, or their attorneys, according to the rules and practice of the supreme court, that application will be made to the said court at a general or special term thereof for the confirmation of such report, and the court shall thereupon make an order reciting the proceedings, giving a description of the land appraised, confirming the report, and directing to whom the compensation awarded shall be paid, or in what bank, or in what manner it shall be deposited by the said city. i? 8. Delivery of certificate; recording order; appeals — A certified copy of the last mentioned order shall, with- out unnecessary delay, i^e delivered by the clerk of said court to the mayor, or president of the board of education of said city, whose duty it shall be, forthwith, to cause the same to be recorded, at the expense of the city of Rochester, in the office of the clerk of the county of Monroe. Upon said order being recorded as aforesaid, and upon the payment or deposit by the said city of the sum to be paid as compensation for the property so taken, and for the costs and expenses, as aforesaid, as directed by said order, the said city shall be entitled to enter upon, take possession of and use the said property as a site for a public school building, and all persons who have been made parties to the said proceedings shall be divested of all right, estate and interest in the same. All property acc|uired pursuant to the pro\isions of this act shall be deemed to be acquired for public use. Within twenty days after confirmation of the report of said ct)mmissioners either party may appeal, by notice, in writing. to the others, to the supreme court, from the appraisal and report of the said commissioners ; such appeal shall be heard by the supreme court at a general or special term thereof on the usual notice required by the rules and practice of said court. On the hearing of such appeal the court may direct a new appraisal before the same or new commissioners, in its discretion. No appeal shall affect the pos- 4"J<> Spkciai, Laws ok thk session or use l)y the said city of the property so appraised, and when the same is made by others than said city, it shall not be heard, except on stipulation of the part\ appeal^i- not to disturb such possession. $ 9. Deposit of money into court — If there are adverse and conflicting claims to the money, or an\' part of it. to be paid as com- pensation for the property so taken, the court may direct the money to be paid into court, and may determine who is entitled to the same, and to whom the same shall be paid, in a summary manner, and may order a reference to determine the facts on which such determination and order shall be made. § 10. Power of court to make orders, etc. When the mode or manner of conducting any of the proceedings to the appraisal of the property .sought to be taken, and the proceedings consequent thereon, are not expressly provided for in this act, the said court before whom such proceedings are pending shall have power to make all necessary orders to that end. M'he said court shall also have power at any time to amend any defect or informalit)- in any of the proceed- ings authorized by this act, or cause new parties to be added to said proceedings and further notice to be given to any party in interest as it may deem proper : and the court shall also have power to appoint commissioners in the place of any wiio siiall die. refuse to serve, or be incapable of serving. 5; II. Power of court to enforce act — In case of appraisal under this act the court shall have power to make all necessary orders and directions to carry into effect the object and intent of this act, and to compel the delivery to the said city of Rochester of the pos- se.ssion and control of all property or rights acquired thereby. The practice in such cases shall be conformed, as nearly as may be, to the ordinary practice of said court. § 12. When in effect — This act shall take effect immediately. .\\ Acr TO INCORfORATK THK RorilKSTKR TKACHKRS' RKT.IKK ^(K IKIV. {I.. 189;^. Ch. 426). An Al I ID AUrHORlZE thk city ok RoCHE.STER 10 I,KVY A lAX FOR THE PURPOSE OK ERECTING A NEW SCHOOL BUILDING. ( Z. 1893, Ch. 616). {School tiionbcr three). City ok Rochkster 4'jl A.N A( I lo AITHORIZE THE COMMON lOlMll, Ol IHK CI IV OK Rochester to raise money to provide for the deficien- cies IN THE FUNDS FOR THE SUPPORT OF THE PUBLIC SCHOOLS OF SAID CITY. (/. 1894, Ch. 15). {To pay ontstmidin}^ bills to aiiii iiiiii/i/iii;^ Man/i 31, 1894). An AtT TO PROVIDE FOR IHE PAVMENI OF CERTAIN CLAIMS ACAINST THE BOARD OF EDUCATION OF THE CITY OF ROCHESTER. (Z. 1894, C/i. 124). {To pay clahns oiitstanding at conunencement of fiscal year, 1894). An Act to althori/k ihk city of Roche.ster to levy and COLLECT a tax FOR THE PURPOSE OF ERECTINO A NEW PUBLIC SCHOOL BUILDINO. ( /. 1898. C7/. 570). {School ninnbcr twelve). An Act to authorize the common council of the city of rochester to raise money for the purpose of purchasing SITES AND ERECTINc; NEW PUBLIC SCHOOL BUILDINGS THEREON IN SUCH CITY. (Z. 1899, Ch. 366). {Bitildin^^s and sites not spccijied ill ad'). An Act auihorizino and niRKe iing the common council of THE criY OF Rochester to cause to be issued bonds of SAID CITY, THE PROCEEDS OF THE SALE THEREOF TO BE CRED- ITED TO THE BUILDING FUND OF THE BOARD OF EDUCATION, FOR THE PURPOSE OF KRKCTINf. HIGH SCHOOL BUILDINGS. (/. I9OI , Ch. II 4). Section i. High school bonds — I'Ik- conunon council of tlic city of Rochester fortlnvith, upon demand of the lioard of education of said city, shall frf^n time to time cause to be issued bonds of said city in such amounts as are rec|uired by said board of education for the purpose of erecting liigh school buildini,'s. the aij>::i"eijate amount thereof not to exceed the sum f)f three hundred thousand dollars. Said bonds shall run for a ])eriod of ten years, and shall contain a provision that they may be redeemed at the end of five years, or there- after, upon the payment of principal and accrued interest, and shall be .sold, after competition upon sealed proposals at not less than par. and at a rate of interest not exceeding; three and one-half per centum per annum. «> 2. Proceeds of bond sale — The jiroceeds of the sale of said bonds sliall he placed to the credit of the building fund of the board \2'2 Si'KCiAi. Laws ok thk of education ot the city ol Rochester. The sums so raised sliall be in addition to the amounts otherwise rec|uired by law to be raised for the maintenance of the department of eckication of the city of Rochester. I'endin*; the sale of any of said bonds the common council (jf the city of Rochester may borrow money for the purposes of this act. upon the promissory note or notes, or certificates of indebtedness of said citv. (As nmniticil /.. M)02. C/i. 535). § 3. Redemption fund — I'ntil the bonds issued j^ursuant to the pro\isions of this act are paid and redeemed the balance of moneys hereafter appropriated for the maintenance of the department of education of the city of Rochester, and of school moneys appro- priated to, or provided for. the city of Rochester remaininjj; unex- pended at the end of each fiscal year, shall be paid into, and be and constitute a fund for the redemption of the bonds issued pursuant to the provisions of this act. If such sum does not amount to tlie sum of thirty thousand dollars then the treasurer of the city of Rochester shall transfer to said redemption fund from the moneys appropriated the succeeding fiscal year for the niairitcnance of the department of education a sum which with such unexpended balance shall equal the sum of thirty thousand dollars. When any bonds issued pursuant to the provisions of this act become due they shall be paid from said redem])tion fund, and if there shall not be any or sufficient money in said fund to pay and redeem the bonds due the amount necessary to pay and redeem such bonds, after applying; thereto iW- moneys in said redemption fund, if an\-. shall be paid by the city of Rochester. vj 4. When in effect Tiiis act shall lake effect immediately. SHWERS An Act to i-rovidk i'ok riiK i-aymknt im im. losr ami k.\- I'ENSKS OK TlIK CONSTRUCTION OK A rKl NK SKWKK ON THK EA.ST SIDE OK THE GeNESEE RIVER, IN THE CITV OK ROCH- ester, hv the issue ok honds ok said ( itv, and i'rovidinc. kok rhe payment ok said honds hv local assessments. (/. icSqo. C/i. 347). Section i. Bonds — The common council of the city of Roch- ester for the purpose of providing for the payment of the cost and expenses of the construction of a trunk sewer on the east side of the Cirv OK K»K iiKsiKk 4'J."J (ienesee river in said city, may, from time to lime, authorize the tity treasurer of said city to issue bonds of said city, in an amount not to exceed, in the agjjreijate. the sum of one milhon dollars : said bonds, when issued, shall be sij,med by the said treasurer and countersigned In- the mayor and the president of the common council of said city. I'hey shall be known as the east side trunk sewer bonds. 'I'hey shall be issued in separate series of twenty-tive thousand dollars respec- tively. Ihe tirst of said series of twenty-five thousand dollars shall be made due And be pa\abk- in ten years from the date of issue, and the succeeding series of said bonds, shall be so made due and be pavable that one of said series of said bonds, and only one shall fall due and be payable in each and every year following the year in which said tirst series of said bonds shall fall due and be payable, i'he citv of Rochester shall have the privilege of paying any and all of said bonds at anv time after ten \ears from the date of issue. .Said bonds shall bear interest at a rate not to exceed four per centum ])er annum, payable semi-annually, on the first days of January and |ul\ in each vear. The interest and principal of said bonds shall be jiayable in the city <-)f New \ork. It shall be the duty of the city treasurer to keep a complete record of said bonds, including the date thereof, the number of each bond and series number, the time of maturitv and to whom issued, if registered. The proceeds of saiil bonds shall be ap|)lied to the payment of the cost and expenses of con.struction of said trunk sewer. {As niiu-iiJrii I.. i.S(j2, i'li. 74). 55 _'. Sale of bonds \\ hene\er the issue of any bonds by \irtue of this .k t shall be authorized by said connnon council, said treasurer sh.ill iinite scaled proposals therefor by public advertisement for \vA less than ten days, .md may award the same to the highest bidder therefor. pro\ idetl that nc* pro- posal shall be accepted for less than the par value of said bonds: and said proposals shall be jiublicly opened only by the treasurer, or such other |KMson as said common c;ouncil may designate, in the presence of the linance committee of said connnon council or such of them as shall attend at the time and place specified in said advertisement, and said treasurer with the approval of said finance committee or such members thereof as may be present shall determine what, if any. part of said proposals shall be accepteil : but nothing herein contained shall be construed to prevent the rejection 424 Si'K.riAI. T.AW'S OK IHK. of an\- or all nf said proposals: and said common council is further authorized, for the purpose of payin^; for the cost and expenses of carrying on the construction of any work now being done, pending the sale of any of said bonds, to borrow by a vote of three-fourths of all the members elected, subject to the approval of the mayor, upon the credit of the city, by its promissory note or notes, payable in not more than a year after their date, so much money as may be deemed necessar)-, and the amount so borrowed shall be placed to the credit of the east side trunk sewer fund, to be refunded with interest from the proceeds of the sale of said bonds, {/is ainciuici/ L. 1894. C/t. 419)- § 1^. Payment of interest — The interest on all bonds issued h\ virtue of this act. shall be paid by the city treasurer out of the contingent fund of said city: which said fund shall be reimbursed for moneys so expended by provision as hereinafter contained. For the purpose of providing the contingent fund with moneys sufficient to meet the payment of said interest, the common council may, when- ever necessary, authorize the city treasurer to borrow money in anticipation of the assessment hereinafter directed to be made on the city's note. Such note may be renewed from time to time, but only until moneys sufficient to pay the same have been realized from said assessment. >? 4. Assessment — l-or the purpose of meeting the payment of said bonds as they become due. and of reimbursing the contingent fund for moneys expended for the payment of interest on said bonds and for all costs and expenses of discounting the city's notes for the pavment of said interest, the common council, in the year eighteen hundred and ninety-eight, shall pass a resolution declaring the part or portion of the cit}- which they deem benefited by the construction of said trunk sewer, and which they deem proper to be assessed therefor, which part or portion of the city, however, shall be entirely on the east side of the Genesee river, in said city. They shall estimate and declare the amount of money necessary to be raised to meet the pay- ment of such of said bonds as will fall due in the next succeeding five years, and the amount of money necessary to be raised to reim- burse the contingent fund for moneys theretofore expended, or to be expended for interest during the same period, on any and all bonds C'lTY OF RoCUKSIKK 425 issued by virluu oi this act. and all cost and expenses of discounting the city's notes theretofore and during said period for the payment of said interest, and they shall declare that the amount so estimated and declared shall be rai.sed by assessment on the property which they have determined to be benefited. I'hey shall determine and declare that the a.s.se.ssment to be made shall be paid in not more than five equal payments, one within thirty days from the time that the treasurer advertises the same, as hereinafter provided for. and the balance in one, two. three and four years, respectively, from the confirmation of the assessment roll. Said common council is hereby authorized to employ such assistance as may be necessary for the preparation of said assessment, and the cost and expenses thereof, except the salary of the assessors, shall be assessed from time to time as said common council may deem proper, upon the territory declared to be benefited as above provided. (.-Is aviciuhui /.. 1898, C/i. 585). 55 5. Repealed. (/. 1892. Ch. 74, >J 3). § 6. Order of assessment — The common council shall there- upon make an order reciting the amount of money to be raised by such as.sessment as aforesaid, and, thereupon, the city assessors shall make an assessment ui)(>n all the lots and parcels f)f land within the portion or part so designated, of the amount of money to be raised, in proportion, as nearly as may be. to the advantage which each may be deemed to receive by the making of such improvement, which order shall be certified to by the clerk of the said city, and delivered to some one of the said assessors. (As (jiiir/h/r,/ /,. 1892, C7i. 741. ; 15. Warrant of collector; report of unpaid assess- ment — The city treasure]- shall issue his warrant as aforesaid, to a collector, commanding him tri.R 431 be had and taken in retciL-ncc to said making'. Icxyini:^ or colleclion of said assessments as is directed to be had and taken by the charter of said city in reference to the assessments for local improvements. «; 20. When in effect- This act shall take effect inunediatelv. An Ai I \i) MIIIORIZK ANIi I'KOVIDK lOK IHK CONSTRfCTION OK A SKWKK IN rHK TKNIH. FlFTEKxN'rH AND TWKNTIKTII WARDS OK IHK CirV OK ROCHKSTKR, AND IN THK TOWN OK GArKS. IN rnK (ot'NTY OF Monroe. (Z. 1892. C//. 603). Section 1. Appointment of commissioners to determine necessity of sewer — I' pen the presentation of a petition, duly \eritied bv five or more freeholders in the tenth, fifteenth, and twentieth wards of the citv of Rochester, or in the town of (iates, in the county of Monroe, to the county court of Monroe county, praying for the a])]Dointment of a commission to ascertain and report whether a sewer, upon substantially the followinji; route, namely : be<;innin^ at the intersection of the buffalo road and I'ield street: thence runnin<; east on said Huffalo road and West avenue to Kossuth street: thence north to Ma]:)Ie street: thence to Dee]) 1 lollow creek ; thence throui^ii and aloni; Deep Hollow creek to. and into the (Jenesee river, is necessary for the protection of the public health, the said county court shall appoint a commission of three persons, who shall be residents and freeholders in said count}', to hear and determine whether it is necessary for the public health that such sewer be con- structed. if 2. Oath and duty of such commissioners The said conunissioners shall, before the\ enter upon the duties of their otfice. make and lile an o.illi with the clerk of said countv. that they will faithfully discharge the duties of theii office according to the best of tluir know ledge and abilitx'. A majority of the commissioners present at anv ineeting, of which .\11 \^^\■c h.ul notice, mav exercise the |)ower of the commission. I'lie s.iid conunissioners shall proceed, bv per- sonal \ iew of the land and otherwise, to determine whether it is necessary for the jjublic health that such sewer shall be con.structed. They shall appoint a time and place for the tirst hearing of proofs 4:)'_' Spk(.iai. Laws ok the and taking of evidence, touching the necessity for such sewer, and of which public notice shall be given, for at least ten days, in two of the daily news^^apers published in the city of Rochester. Such hearing may be adjourned from time to time as is necessary, and at any of such hearings any person interested may appear and give e\idence bearing upon the question, whether said sewer is necessar\- for the protection of the public health. After having heard the proofs and allegations produced before them, the said commissioners shall with all convenient speed, tile in the otfie of the county clerk of said county their determination, signed by them, or by a majority of them, if thev do not all concur, as to the necessity of such sewer for the protection of the public health, together with the proofs, or evidence taken by them. Notice of their determination, and the time of tiling of the same, shall be published in at least two of the daily newspapers of the city of Rochester. S 3. Appeals; confirmation of report ; discontinuation of proceedings; witnesses; pay of commissioners — Anvbodv feel- ing aggrieved by the determination of the commissioners, that said sewer is necessary for the protection of the public health, if such shall be their determination, mav appeal from such determination to the county court, by giving written notice of such appeal to said commissioners within ten days after such determination shall have been tiled in the office of the clerk of said county, and notice thereof published as aforesaid. In case an appeal is taken from such deter- mination, the said court shall, upon motion of any part\ . on at least ten days notice gi\en in writing to the party appealing, or by the party appealing to said commissioners, proceed to hear said appeal upon the report of said commissioners, and the proofs and evidence hied by them. If no appeal is taken from the determination of said commissioners, as herein pro\ided. or if an appeal is taken and the decision of said connnissioners is sustained by said court, an order shall be entered in said court confirming said report, and a certified copy thereof attached to said report, which shall be hied and pre- served as a judgment-roll in the matter of such proceeding. If the commissioners shall report that such sewer is not necessar\- for the public health, no further proceedings shall be had thereon. The attendance of witnesses in such proceeding, before such commission- ers, may be compelled as in civil actions in the county court, with Cnv OK RocHESTKR 4;}8 like fees. The coinniissioners shall be entitled lu ti\e" doHars a clay for the time necessarily spent in the hearing and determination of such matter. ;^ 4. Appointment of commissioners; organization; bonds — If said commissioners shall report that such sewer is nec- essary for the public health, and such report shall be confirmed by the county court of said county, said court sliall thereupon, upon the application of the city attorney of the city of Rochester or of any other person alleged to have an interest in the matter of said sewer, appoint three persons resident witiiin the county of .Monroe, residing in the city of Rochester, or in the town of Gates, one of 'whom shall be an attorney-at-law. as commissioners of sewerage under this act : and the persons so appointed are authorized and empowered to lay out and construct a sewer of such dimensions and of such materials, and in such manner, as in their judgment shall be proper, between the points and upon, substantially, the route above specified, .^aid commissioners shall be known as commissioners of sewerage for the tenth, fifteenth and twentieth wards in the city of Rochester, and tlie town of (Jates. They shall, before they enter upon the duties of their office, make and file an oath of office, with the county clerk of the county of Monroe, that they will faithfully discharge the duties of their office to the best of their knowledge and ability. A majority of the commissioners |Mesent al any meeting, of which alt shall have notice, may exercise the powers of the commission, except as to those matters which bv the provisions of sections five, six and .seven hereof are to be performed bv said conunissioners in conjimclion wilii the two other commissioners as prox ided for in said sections. • They shall with all convenitnit speed after (|ualif\ing as iierein provided, meet and organize bv appointing one of their members chairman, one treasurer and one secretarv of the conunission. Any two of tiie said offices may be held by the same person. I'he treasurer shall, during the continuance of said conunission, collect and be the custodian of all moneys to be collected or recei\ed by the commissioners under tlie provisions of this act, and he sliall pay out the moneys .so received onl\- u|ion the orders of the commissioners, signed by at lea>t two of their number. The treasurer shall before lie proceeds to collect any of the monevs. give a bond to the people of the .state of New- York in such an amount and in such sureties as shall be approved by 4.'14 Si'i( 1 \i, I , \\\ s I n I UK A jii.slicc of llic Miprciiit.' tourt in llu- scvcntli jiulicial (listrict. or hv the coiinlv judi^f of Monroe count}', conclitioncd for tlu' faithful pcr- formaiKf of the duties of his ofiice. and tile the same in said clerk's oHke. Anv person niav ;'^). i; 5. Course of sewer; survey and map; civil engi- neers — .Said conuuissioners shall, in conjunction with two addi- tional commissioners, who shall be appointed b\' the town board of the town of dates, within ten days after the pas.sage of this act, and who shall be residents of the county of Monroe, and who shall, before entering upon the duties of their office, make and tile the above pre- scribed oath of office with the clerk of Monroe county, and shall thereupon be vested with all powers prescribed herein and in said chapter si,\ hundred and three of the laws of eighteen hundred and ninetv-two. equallv with the other commissioners therein provided for, except as hereinafter stated, proceed forthwith, by personal view of the lands and otherwise, to determine the exact course of said sewer; and the lands through which the same shall be constructed ; and the several parcels of lands to be benefited thereby : and they shall cause ClIV OK l\0( MK>1K1< 4;>."» an accurate survey of all such laiuls. and a map ihereot >hail be made, showing the course and extent of said sewer, as determined i)y ihcm ; and showing the several parcels of land that are proposed t() he drained, and the several parcels or tracts determined by them U> be benefited by such drainage, together with the names of the own- ers or occupants thereof, so far as the same, with reasonable diligence, can be ascertained by them : and the size of said sewer proposed to be constructed, and which they shall determine to be necessary for the drainage and sewerage of such lands : and they are hereby author- ized and empowered to employ a competent civil engineer with such assistants as shall be deemed necessary to act as such in such deter- mination, and said commissioners and said civil engineer and his assistants arc authorized and empowered to enter upon any and all of the lands deemed necessary by said commissioners, and to survey the same and take the levels thereof, and to do all things necessary for the construction of such sewer, as they shall deem necessary for the drainage and sewerage of the land so surveyed by them, {.is iiincndcJ I.. 1S95. Cli. 4,><'^)- § 6. Filing of maps ; acquiring title to land--^ Ihe said commissioners siiall. upon the compklion of said survey, and before the construction of said sewer, cause said map to be certified by them, with a statement written thereon, signed by them, or a majority of them, that they !ia\e determined tliat the sewer laid out upon said map. is necessarv to drain and sewer the lands specified thereon, and should be (onstruited in or through such lands as necessary tor the public health, to be tiled in the otlice of the clerk of the county of Monroe : and all lands, easenients. right of wa\ . in. through or over the same, .u (|uirecl under the terms of this act, shall be deemed and taken for public use. and for the benefit of the public health : said map. or a certified copy thereof, may be used in evidence in any suit or proceeding in this state. lor the piupose of this act said commis- sioners may use and occupy any of the streets, highways, alleys, or other public places in said wards or town, and they may take and appropriate such lands .uul such real estate as they may deem proper for such purpose. In case said conunissioners shall be unable to agree with the owner or owners of any lands or real estate taken by them for the jnuposes aforesaid, or any right or easement therein 4:)<'i Si'KiiAi. Laws oi ihk up(>ii ihc compensation or dania^^f to he paid therefor, they may apply to the supreme court, under the condemnation law, for the acquirement of such lands, easements or rights of wav. § 7. Costs and expenses; assessment roll Said c(;m- missioners shall, hefore entering upon the construction of said sewer, ascertain and determine, as nearly as may be, the cost and expense thereof, including damages and compensation to be made for lands or right of way taken, including interest at six per centum per annum upon all installments payable after thirty days from the hling of the assessment roll, hereinafter referred to, which statement shall be verified by said commissioners or a majority' of them, and shall apportion the costs so ascertained upon the several tracts or parcels of land included in said map, situate and being within the wards of the city of Rochester, or the town of Oates. in the count)' of Monroe, and the owner or occupants thereof, if ascertained, as they shall deem to be benefited by such sewer in proportion to the amount of benefit which each shall be deemed by said commissioners to recei\e therefrom. Such apportionment shall be in the usual form of an assessment roll and shall specify the names of the owners or occupants of the lots or parcels of land intended to be assessed, if known, or shall describe said lots and parcels of land by any descrip- tion that shall fairly distinguish the same, without reference to the owners or occupants, which said assessment roll shall be signed by at least four of said commissioners and no determination of the several parcels of land to be benefited as aforesaid, and no apportionment of the cost so ascertained upon the several tracts or parcels of land included in said map or on said assessment roll shall be valid unless concurred in by four of the said commissioners, all other acts herein- before and except as hereinafter provided for in sections five, six and .seven may be done by said commissioners or a majority of said five commissioners. After such assessment shall have been completed, the said conimissioners shall meet at .some place designated by them in the city of Rochester, to hear the allegations and objections of all persons interested in the assessment, of which at least ten clays pre- vious notice shall be given in at least three daily newspapers pub- lished in said cit}% one of which shall be a Oerman newspaper, b\- the publication of said notice in each issue of said newspaper. The said commissioners shall, at the time and place specified in said notice, I C\\\ <»K R()(HKSTER 4:J7 and for a period of thirty days from such time, hear the allej^c^t'^"^ and objections of such persons interested in said lands as shall appear before them. Said assessment roll shall there be open to the examina- tion and inspection of all persons interested, between the hours of nine in the mornin5 12. Assessment for deficiencies In case the said com- missioners shall at any time determine that the amount levied and collected by the assessment hereinbefore provided for, is insufficient to defray the expense of completing said sewer; and said commission- ers record in their proceedings a resolution to that effect, specifying the amount, in their opinion, of such deficiciency, the said commis- sioners are authorized to levy a further assessment or assessments from time to time, as shall be necessary to defray such expenses, the proceedings in reference to which shall hi' in all respects, as far as practicable, the same as hereinbefore pros ided for in the first or original assessment. >? 13. Certificate of indebtedness in anticipation of assessments — In case such commissioners shall deem it neces.sary to raise funds for the construction of said sewer, before the asses.s- ment hereinbefore provided for can be made and collected, the said commissioners are hereby empowered from time to time to borrow so much money as, in their opinion, may be necessary therefor, and to issue evidence of indebtedness in such sums and form as they may ClTV OK ROCHHSIKR 44;5 deem proper, bearin<^ interest at the rate of six per centum per annum, payable semi-annually the principal thereof payable in not more than ten years. Such certificates of indebtedness shall be negotiable l^y deliver^-, and shall be receivable in payment of any assessment levied by such commissioners : and the interest thereon shall be assessed as a part of the expense in the construction of said sewer. ?j 14. Records — Said commissioners shall keep a record of their proceedings in a book or books to be provided for that purpose, and shall also keep an account in proper account books of all moneys collected or disbursed by them. They shall, annually, on or before the fifteenth day of January in each year, file with the Monroe count)' court a full and complete statement of all their financial transactions and the dis- positions of all moneys received by them under and by virtue of said chapter six hundred and three of the laws of eighteen hundred and ninet}-two, or of this act. which reports shall be verified by the oath of said commissioners and shall be duly examined and audited by said Monroe county court. (.-/.» iimeiuicii /.. 1895. ^^'- 43^)- *j 15. Personal liability Neither of the commissioners men- tioned in this act shall be liable personally upon any contract made or certificate of indebtedness issued bv him or them, as such com- missioner or commissioners, nor for any act done h\ him or them untler the provisions of this act unless such act shall be a willful and intentional wrong on his part. (.-Is ijniniiiiil /. i.S()5. a>. 438)- <; \U. Compensation of coninii.-^.'^ioners The coinmis- sioners appointed by and under chapter six hundred and three of the laws of eighteen hundred and ninety-two. or by and under this act shall for each day actually and necessarily spent by them in performance of their duties as such commissioners receive the following compensation : The commissioner, who is a lawyer, appointed under said chapter six hundred and three, ten dol- lars, and each of the other commissioners five dollars; and in no ca.se shall the annual compensation of any commissioner exceed for the commissioner who is a lawyer two thousand four hundred dollars, and the commissioners who are not one thousand two hundred dollars each. .\o commissioner shall be directiv or indirectlv interested in 444 Spkciai, Laws oi' ihk any contract with reference to the construction of said sewer, as prin- cipal, surety or otherwise, except as such commissioner. [As amended L. 1895, Ch. 438). ;? 17. Correction of irregularities — In case any assessment shall remain unpaid on account of any irregularity, omission or error in any of the proceedings relating thereto, or in case of error in the description of the lands, or the designation of the owner or occupants, said commissioners shall proceed to conect such irregularity, omission or error in such assessment roll when discovered; and such correction shall have the same effect as if the assessment had originally been properly made. § 18. Pay of commissioners to determine necessity of sewer — The commissioners in this act first provided for. shall be entitled to receive five dollars per day for each day spent in the dis- charge of their duties, which shall be paid by the party taking up their report, and if their report is that such sewer is necessary for the public health their fees and the expenses of the witnesses attending before them shall be reported by them to the commissioners secondly provided for herein, and shall be levied and collected as a part of the expense of constructing the sewer herein provided for. § \i). Provision for payment of commissioners of sewer- age and engineers — The compensation of the commissioners herein secondly prcnided for; of the engineers and their assistants employed to make the surveys and maps ; all expenses for necessary clerical force and stationary,* for advertising, and all other expenses neces- sarily incurred in carrying into effect the provisions of this act, shall be deemed a part of the expense for the construction of said sewer, and shall be collected by assessments, as hereinbefore provided. § 20. Record to be filed; duties of treasurer — Upon the completion of said .sewer llic .said commissioners shall file with the treasurer of the city of Rochester the record of their proceedings together with their books of account and all con- tracts and papers relating thereto, and copies of the same certified by said treasurer under his hand and official .seal shall be prirna facie * So in the originul. CiTV OK RoCUKSlKk 445 evidence thereof in all courts and places. I'hey also shall turn over to said treasurer the moneys on hand, the assessment roll and all uncollected assessments and papers connected therewith, and he shall from and after that time discharge all duties and possess all powers imposed upon or vested in the treasurer of said commission by virtue of the provisions of this act and of chapter six hundred and three of the laws of eighteen hundred and ninety-two. All the powers vested in said commissioners with reference to the issuing of warrants for the collection of assessments and the collection of the same and the sale of lands in default of payment thereof shall be vested in said treasurer. He shall give a bond in the penalty fixed by the common council of the city of Rochester, and in the form and with sureties to be approved by it, for the faithful performance of his duties herein and shall have power to employ a competent person to keep books and make the collections necessary and shall receive therefor out of said sewer funds a sum to be fixed by said common council, not to exceed fifteen hundred dollars annually for his said service and the clerk hire not, however, to extend beyond six months after the last installment of said assessment shall become due, and any collector's fees that shall be paid into said treasurer shall be credited to and placed in the general fund for the building of said sewer and the expense attending thereon ; and when said assessment shall be paid and all outstanding legal obligations incurred under this act and said chapter six hundred and three of the laws of eighteen hundred and ninety-two, shall have been paid, said treasurer shall return, on demand, to each of the persons, their representatives or assigns who shall ha\e paid said assessments in full anv surplus he shall have in his hands, in proportion to the amounts each such person shall have paid on said assessment. lie shall thereupon tile with the countv clerk of Monroe county the assessment roll, the books of account and the records pertaining to said sewer, and sixty days after said .sewer shall have been completed or the tinal estimate for the work performed by the contractors shall have been made and approved by said com- missioners, their duties and powers shall cease. (.•/.<• iiniciuieii /.. See note iiiuler § v llii> '"'I'k. ]i. 450. >! J I. Control of sewer after completion ; lateral sewers and drainavce The sewer provided for In tiiis act. after its com- 446 Si'Kt lAi. Laws ok the pletion shall, as to the portion thereof within the limits of the city of Rochester, be under the charge of the executive board of said cit}', or its successor, and the portion in the town aforesaid, shall be under the charge of the supervisor and commissioner of highways thereof ; and it shall be lawful for such executive board, or said supervisor and commissioner to autliorize the introduction into said sewer of lateral sewers and drains, for the purpose of draining any part of said city or town. While the work of constructing said sewer is in progress, the said commissioners may allow lateral sewers or drains to be con- structed therewith, upon such terms and subject to such regulations as they shall pro\idc. ?; 2 2. Repeal — Chapter one hundred and fourteen of the laws eighteen hundred and ninet)'-one, entitled, " An Act to authorize and provide for the construction of a sewer, drain and ditch in the ninth and fifteenth wards of the city of Rochester, and in the towns of (iates and Chili, in the county of Monroe," is hereby repealed. § 23. When in effect — This act shall take effect imniediatel}-. § 24. Acts ratified All the acts of the commissioners of sewerage appointed under chapter six hundred and three of the laws of eighteen hundred and ninety-two, except as the same are hereby vacated or modified or authorized to be vacated or modified, are hereby ratified and confirmed. {Addcti L. 1895, Ch. 438). ^ 25. Further action limited — No further action of any kind shall be taken by the commissioners, Horage (i. Pierce, Frank S. I'pton and George B. Swikehard, or their successors in office under chapter six hundred and three of the laws of eighteen hundred and ninety-two, except to obtain any rights of way required and to issue further certificates or evidence of indebtedness not to exceed sixty-five thousand dollars, according to the provisions of the act hereby amended or of this act, or to make such modifications of the contract for the building of said sewer by supplement or otherwise as may be necessary' to comply with this act or any supplemental act, until the assessment roll herein shall be made and filed as hereinbefore required and provided for. {Added L. 1895. Ch. 438). City oi" Roihestkr . 44" An Act to authorize and i'kovidk for thk kxtknsion ok tjik main sewer provided for in chapter six hundred and three, of the laws of eighteen hundred and ninety- two, and the construction of laterals to connect with SAID SEWER IN THE TOWN OF GaTES, IN THK COUNTY OF Monroe. (Z. 1893, Ch. 55; repealed I.. 1895. Ch. 744, printed ill full behno). An Act to kkpkai. ciiaitkr 1 iKTY-FivE of ihk laws of ekwiteen HUNDRED ANT) NINETY-THREE, ENTITLED, '* x\N ACT TO AUTH- ORIZE AND PROVIDE FOR THE EXTENSION OF THE MAIN SEWER PROVIDED FOR IN CHAPTER SIX HUNDRED AND THREE OF THE LAWS OF KKIHTEEN HUNDRED AND NINF:TY-TW0, AND THE CON- STRUCTION OF LATERALS TO CONNECT WITH SAID MAIN SEWER IN THK TOWN OF GaTES, IN THE COUNTY OF MONROE." AND K) AUiHOKlZK THE COMMISSIONERS OF SEWERAGE, UNDER CHAP- lER SIX HUNDRED AND THREE OF THE LAWS OF EIGHTEEN HUNDRED AND NINETY-TWO, TO EXTEND OR CHANGE THK SOUTHERN TERMINUS OF SAID SKWKR. AND TO CHANCE ITS ROUTE. (/,. 1895. Ch. 744). Section i. Law repealed Chapter tifty-tive of the laws of eighteen hundred and ninely-lhrec. entitled •• An act to authorize and provide for the extension of the main sewer provided for in chapter six hundred and three of the laws of eighteen hundred and ninety- two, and the construction of laterals to connect with said main sewer in the. town of Gates, in the county of Monroe." is hereby repealed. J? 2. Change of terminus I'he commissioners of sewerage for the tenth, fifteenth and twentieth wards in the city of Rochester, .111(1 the town of Gates, are hereby authorized to extend or change the location of the southern terminus of the .sewer now being constructed by them in the town of Gates and city of Rochester, to such point on the Chili road, or between said Chili road and the Buffalo road, in said town of Gates, as to them shall seem necessary for the public health, and also to change the dimensions and route of said .sewer from its present line to any adjacent line in such parts as to them may seem more economical or beneficial. <5 3. When in effect — This act shall lake effect immediately. NorK — Thi.s law by error, was repealed by the l,i(|iior Ta.x 1-aw (1.. iStjl), Ch. I 12). but this was corrected by 1.. iSgfi, Ch. 650; printed in full, this lx)ok. p. 44S. Such inaccuracy' in enumeration of laws does not effect repeal of law thus nuntionrd — iVcplc c.\ nl. Fii< ii v>. I.oril. <» App. Div. 4,8; McKee l>and Co. vs. Williams. 0;, .\])iv Div. 5^',. atiirnu-d 17;, N. N'. (>^o. 448 Si'Ka lAi, Laws ok ihk An Act to aiithorizk thk co.mmissionkrs ok skwekaok kor thk TENTH, KIFTEENTH AND TWENTIPHH WARDS IN THE CITY OK Rochester and the town ok Gates, to extend and chan(;k the southern terminus ok such sewer and to chance ITS ROUTE. (L. 1896. Ch. 650). Section i. Change of terminus I'lic commissioners of sewerage for the tenth, fifteenth and twentieth wards, in the city of Rochester, and the town of Gates, are hereby authorized to extend or change the location of the southern terminus of the sewer now being constructed by them in the town of Gates and city of Rochester, to such point on the Chili road, or between said Chili road and the Buffalo road, in said town of Gates, as to them shall seem necessary, for the public health, and also to change the dimensions and route of said sewer from its present line to any Jldjacent line in such parts as to them may seem more economical or beneficial. >? 1. Corrective statute -All procecdiiiiis had and acts per- formed by such commissioners under and by \irtue of chapter seven hundred and forty-four of the laws of eighteen hundred and ninety- five, shall have the same validity and effect as if such act had not been repealed by chapter one iumdred and twelve of tlie laws of eighteen hundred and ninety-six. § :;. When in effect -'iliis ai t shall lake effect immediately. An Act to provide kor thk ikwskkr to riiK tre.vsurer ok THE ciTv OK Rochester, ok certain i-owers ok the com- missioners OK SEWER.MIE KOR THE TENTH, KIFTEENTH AND TWENTIETH WARDS IN THE CITV OK ROCHESTER, AND THE TOWN OK Gates. Monroe cointv. (/. iMoS. Ch. 315). Section i. West side sewer commission ended— The com- missioners of sewerage for the Iciilh. tiftcrnlh and twentieth wards, in the city of Rochester, and the town of (iates, Monroe county, having completed the construction of the sewer provided for by chapter six hundred and three of the laws of eighteen hundred and ninety-two. and the acts amendatory thereof and supplementary thereto, are hereby required, within twenty days after the passage of this act, to transfer to the treasurer of the city of Roche.ster. Monroe county, New York, all the records and proceedings of the said com- ("iTV ()|- KOCIIKSTKR 44W missioners, togetlier with llic assessment roll iiiade by them, and all moneys collected thereon, and all other funds in the hands of said commissioners; whereupon the powers and duties of the said com- missioners under the said acts shall cease, except as hereinafter pro- vided. § 2. Treasurer shall sell bonds — I'pon such transfer beinjj made, the said treasurer of the cil\ ot Rochester, in addition to the powers and duties conferred ui)oii him by chapter six hundred and three of the laws of eighteen hundred and ninety-two, as amended by chapter four hundred and thirty-eight of the laws of eighteen hundred and ninety-five, is hereby empowered to issue and offer for sale and .sell, at not less than par value thereof, as.sessment bc)nds to the amount of four hundred thousand dollars, or so much thereof as may be required for the purposes hereinafter specified. Such assessment bonds shall bear interest at the rate of four and one-half per centum per annum, payable semi-annually, and shall mature in from one to six years from the first day of August, eighteen hundred and ninety- eight, in amounts to be determined by the said treasurer of the city of Rochester. With the proceeds of the sale of the said bonds, together with the available moneys in his hands as the successor in office of the said commissioners, the said treasurer of the city of Rochester shall redeem and cancel the certificates of indebtedness or assessment bonds heretofore issued by the said commissioners of sewerage, under the provisions of chapter six hundred and three of the laws of eighteen hundred and ninety-two, as amended by chapter four hundred and thirty-eight oi the laws of eighteen hundred and ninety-five. .Such redemption shall be made on the first day of -August, eighteen hundred and ninety-eight, or at the earliest practic- able date thereafter. Said assessment bonds, when issued by the said treasurer of the city of Rochester, vmder the provisions of this act, shall have the same force and effect as the bonds issued by the said commissioners of .sewerage, pursuant to the provisions of chaj>- ter six hundred and three of the laws of eighteen hundred and ninety-two. as amended by chapter four hundred and thirty-eight of the laws of eighteen himdred and ninety-five. <5 3. Treasurer n\n\ act in place of commissioners The said treasurer of the city of Rochester is hereby empowered to main- tain or defend anv aition or special proceeding arising from the acts 450 SpKCiAi, Laws ok thk of said coinmissioners of sewerage, or arising from his own acts as their successor in office. Said treasurer of the city of Rochester is hereby suljstituted in place of the commissioners of sewerage, as party to any action or special proceeding now pending, and it is hereby made the duty of the city attorney of the city of Rochester to appear for the said treasurer and prosecute or defend all actions or special proceedings to which said treasurer may be made a party. The city treasurer succeeded lawfully to the powers and duties of the west side trunk sewer commissioners and has power to collect a.ssessments out.side the city of Rochester — Koehler \s. Williams as treasurer, etc.. Monroe E(|uity. oi:)inion tiled bv Nash. ].. January 20, 11)04. § 4. Expenses may be paid — The said treasurer of the city of Rochester is hereby authorized, with the approval in writing of the count}' court of Monroe county, to pay from the funds in his hands any necessary expense not otherwise provided for. which may be incurred in carrying out the provisions of this net. heretofore spread upon the assessment rolls of the various wards in the city of Rochester, may be collected by the corporation counsel, either by action, or by supplementary proceedings, or bv foreclosure of tax liens, without regard to the date when the said taxes were so spread, and the statute of limitations cannot be interposed as a defense thereto. The remedies herein provided shall be in addition to the other methods provided in the charier of the citv of Rochester for the collection of taxes in the said city of Rochester, and not dependent upon them, or any of them. No certificate of the mayor of the said city of Rochester, made by said ni.iyor unclei section one hundred and four of the charter of said city, of failure to redeem land sold for taxes, now or hereafter recorded in the oHice of the county clerk of Monroe county, shall be discharged until all citv taxes which are a lien ujion the jireniises descril)e(l in s.iid certiliiate. shall have been *S() in tlif si'ssioii laws. .Shtmlil lead "as." 4n(i Sl'KUAI. I.WVs Ol IHK paid. Notice to redcciii Iroiii sale for taxes, may be ser\ecl at an\- time after the expiration of two years from the date of said sale, llpon the foreclosure of tax liens in actions brought in the supreme and county courts, all taxes due the city of Rochester may be included in the action of foreclosure and be satisfied from the proceeds of the sale of the premises. Where .several lots or parcels of land are owned by the same person or persons, distinct tax liens upon the separate lots and parcels of land so owned may. at the option of the city of Rochester, be foreclosed in one action, and actions now pending may be consolidated, in the discretion of the court, upon such facts being shown. $ 4. Hearing before board of estimate ; reduction or can- cellation of taxes Within ten days after the passage (A this act. the hoard of estimate and apportionment of the city of Rochester shall cause to be published, in the official newspapers of said city, for ten days, a notice requiring the owner or owners of, and all persons or corporations interested in. lands upon which there remain unpaid taxes, and all persons or corporations owing taxes heretofore levied, either real or personal, to present their objections thereto, in writing, to said board of estimate and apportionment, within sixty days after the passage of this act. Any person or corporation so desiring shall demand in such written objections that he be heard in relation to said tax by said board of estimate and apportionment, and shall state in said written objections the address at which such notice of hearing may be sent to him, and upon such demand being made, and such address being given, the board of estimate and apportionment shall tix a time for hearing such person or corporation, and mail to him. at said address, a notice of the time and place of such hearing; and the said board of estimate and apportionment shall have power to reduce any tax so objected to in writing, or to cancel or remit the same, or any part thereof, subject to the appro\al of the common council. The amount of the reduction and cancellation of taxes shall be raised in such manner as may be directed by the conuiion council. In case any tax has been assessed against any person or corporation in a ward other than the ward in which such person resided, or such corporation had its principal office, the clerk of said board of estimate and appor- tionment may serve, or cause to be served, written notice of such tax upon such person or corporation, stating the time and place at which C'llV OK R()( HKSIKk 4iU such person or corporation will he j^ivt-n a lu-arini; thereon by and before said l)oard of estimate and apportionment, which hearing may be adjourned from lime to time. The board of estimate may give a hearing upon similar notice in regard to all other taxes, in such cases as thev may deem advisal)le. .\fter such hearing, or in case the per- .son or corporation so notified does not appear, the board of estimate and apportionment shall determine the amount which should be taxed against, and collected from, such person or corporation, subject to confirmation by the common council ; such sums so determined upon shall bear interest at the rate of twelve per centym per annum, from the date of the confirmation of the assessment roll in which the tax against such person or corporation originally appeared. The board of estimate and apportionment may, however, fix a different date from which to compute interest, and a different rate of interest, subject to the approval of the common council. The board of estimate and apportionment shall certify to the city treasurer the name of the per- son against whom such tax is assessed, the amount thereof, the rate of interest thereon, and the date from which the same bears interest, and the city treasurer shall thereupon proceed to collect the same in the same manner as other city taxes are collected ; and the sums so determined u]X)n by the board of estimate and apportionment shall be. and are hereby declared to be. a tax against such person or cor- poration. Kvery determination by said board of estimate and appor- tionment pursuant to this act. shall be final and conclusive when confirmed by a majority vote of the common council. The provisions of section four of this act shall not apply to taxes levied and as.ses.sed in the city of Rochester during the years nineteen hundred and two and nineteen hundred and three. {} 5. Does not apply to local iniproNcnients The provi- sions of this act shall not ajjplv to assessments le\ ied for thi- cost and expense of local imjirovements. $ 6. When in effect This u t sh.iU taki- effect immediatelv. Alls ll.\\l\t. ASSKSSMKN IS l<»K rill titsl Ul ( ()\>1 KIXTIN<; CKRT.MN LOCAL IMPKOVKMKN Is : raving S. St. \':u\\ street from Court street to Erie canal — L. 1X99, CI1. 401. I'avinp S. .St. Paul strtei from Kast Main street to Court street — L. iSqi), Cli. 4or. I'avinp Ml. Hope avenut from I'.rie canal to IClmwood avenue — I.. i.'v)<). Ch. 403. 4r>S Si'KciAi. Laws oi' i iik I'aviiig ('(iiiit strtcl from S. St. Paul street tn (Trnton strc-et — 1.. \>'><)'), Cli. 404. I'axiiii; Tarsells avenue fioiii 1 .cijilitoii street to Culver road — 1-. iS<>i;, Cli. 407. I'avin^ East Main street from Cioodman street to Culver road — I,. iS<;<;, Ch. 40S. Paving Lyell avenue — I,. 1891), Ch. 40<>. Paving West Main street from Fitzhunh street to l-^rie canal — 1.. iSc;^, Ch. 410. Paving Exchange street from Erie canal to Clarissa street — L. 1899, Cii. 411. Paving Exchange street from Main street to Erie canal — L. 1S99. Ch. 41J. Paving Lake View Park — L. 1899, Ch. 636. Act validating ordinance for ini]3rovement of Portland avenue — L. looi. Ch. 447. Acts levying assessments upon .street railway in c\t\ oi- Rochester for cost of pavement between tracks : Ihulson avenue from (^lifford street to Norton street — L. igoi. Ch. 2O2. Clinton avenue North from Andrews street to N. \'. C. iV 11. R. K. — L. 1 901, Ch. 263. Main street East from University avenue to Circle street — L. 1901, Ch. 264. North street from Weld street to Nash street — L. 1901, Ch. 265. Clinton avenue North from Main street East to Andrews street — L. looi, Ch. 266. Elm street from Main street East to Chestnut street — L. moi, Ch. 267. Clinton avenue North from X. \'. C. \- 1 1. K. U. to Clifford street — ],. ic;oi. Ch. 268. Monroe avenue from Dartmouth street, one iiundreil and lifty feet east of Erie canal — L. 1901, Ch. 269. Joseph avenue from Clifford street to Avenue 1) — 1.. H)Oi. Ch. 270. Clinton avenue North from Clifford street to Norton street — L. 1901, Ch. 271. Central avenue from Clinton street North to North street — L. 1901, Ch. 272. Monroe avenue from Clinton avenue South to South Cioodman street — L. 1901, Ch. 273. Clarissa street from Exchange street to Genesee River Ikidge — 1-. 1901, Ch. 274. Emenson street from west end of Deep Hollow to Dewey avenue — L. i<)Oi, Ch. 275. Dewey avenue from Emerson street to Driving Park avenue — L. 1901, Ch. 276. Centra] avenue from Clinton avenue North to (ienesee river — L. 1901, Ch. 277. Caledonia avenue from Erie canal to Plymouth avenue — L. Kpi, Ch. 27S. Emerson street from Backus street to Deep Hollow — L. 1901, Ch. 279. Ames street from Jay street to Maple street — L. 1901, Ch. 280. Jefferson avenue from Plymouth avenue to Cady street — L. 1901, Ch. 281. Jay street from Child street to Ames street — L. 1901, Ch. 282. City authorized to make contract of settlement with Rochester Ry. Co. — 1.. njoi. Ch. ;fi2. C'nv OK 1\<)( IIKSTKR 409 An ACI IN KKI.AIION 1<) TIIK I OLl.Kt HON (JK iA\F> IN MoNRcjK COUNTY. AND lO Al IHORIZK AND PROVIDK KOR THE SALE OK PROPERTY KOR INI'MD lAXKS IN SAID COfNTY. (/,. I.SS4. C//. 107). Section i. County taxes li shall l>c the duty of the county treasurer of Monroe county to collect annually all unpaid taxes upon lands in said county levied for state or county ])urposes in the manner hereinafter provided. ? 2. When treasurer shall pay state tax — It shall not be the duty of the county treasurer of the county of Monroe to transmit to the comptroller any account of unpaid taxes assessed upon cor- porations or upon lands of iion-resitlents. or of unknown owners in said county, or any collectors' aflfidavit in relation thereto: nor shall the comptroller credit the said treasurer of said county with any unpaid taxes on lands 01 upon corporations, whether asses.sed to residents or as non-resident land; but the whole amount of any state tax unpaid on property in said county of Monroe shall be paid by the said treasurer of the coiuily of Monioe to the treasurer of the state of New \'ork. on or before the tirst day of .April, after the same shall have been assessed upon the real and personal estate of said county (except so nuu li thereof as shall be ecpial to the stale school tax as.sessed uiDon said county, as annuallv lertitied by the state comp- troller, whiih amount shall be retained and paid out by the said treasurer of tlu' ((Hiiity of Monroe, as provided 1)\ chapter three hundred and lifly-one of the laws of eii^hteen hundred and ei{,ditv. and also the amount allowed for recei\in;x and pavini; the monev belon^- iuii '*' dii- state, .is provided in ch.ipter two hundred and thirteen, laws of ei^diteen hundred and seventy-nine I: and in case the whole amount of such moneys due the state shall not be collected by the said tirst day of April, the treasurer of the s.iid (ountvof Monroe shall make pro\ ision for the payment of the same b\ lemporarv loans u|>on the credit of the said county, or by advamin},^ the said amount out of anv tiinds in the tie.isurv not othiTwise appropriated. >; ^ Correctinj; description (»f land.s jhe tount) treasurer of said county shall examine the accounts of arrears of taxes received from the collec tors of the towns, and all taxes so erronerouslv assessed 4t)U Si'K( lAi, Laws oi ihk ill form or suhstanct,- that tlic collection of the same cannot he en- forced, or in case the property on which said taxes are levied is so imperfectly described that the same caniKJt. in the opinion of the treasurer of said county, be located witii certainty, he shall, on or before the fifteenth day of June followinj^, deliver a transcript thereof to the supervisor of the town in which such property is located, who shall, within thirty days thereafter, cause a correct description of the lands so imperfectly described to be made and returned to the said treasurer. If such improperly described property is located in the city of Rochester the assessors of said city of Rochester shall cause a correct description of such lands to be made and delivered to the said treasurer on or before the fifteenth day of July followinj;. S 4. Publication of notice as to tax sales — I'lic treasurer of said county shall make a list or statement of the lands charged with such unpaid taxes, and for thirty days prior to the first Tuesday in August, in each and every year, shall cause to be published and printed in the newspapers in said county designated by the board of supervisors for publishing the session laws, a notice containing five squares, which notice shall call the attention of the public and all persons interested, that on the first Tuesday in August of that year, specifying the date, he will publish a list or statement of the lands charged with such unpaid taxes, and that such list or statement will be published and printed in the newspapers in said count)- designated by the board of supervisors for publishing the session laws, specifying such newspapers, and such list or statement of lands charged with such unpaid taxes shall lie published in such papers on the first Tuesdav in August prior to the time of such sale, which shall commence on the third Tuesday of August in each and every year, together with a notice that so much of said lands as may be necessary to discharge the taxes, interest and charges which may be due thereon at the time of the sale, together with the expense of procuring description, will, on the day aforesaid, which shall be specified in such notice, and the suc- ceeding days, be sold at public auction in the treasurer's office in the city of Rochester. Should any errors be discovered in the de- scription of the lands so assessed and taxed, the said treasurer may correct the same at any time previous to the sale, and no errors in the City ok KotyiEsiKR 4GI printed description in sucii newspapers shall vitiate or in an\ manner .itfect the validity of such sale. All expense of printing such list or statement and notices shall be audited by the board of supervisors, and paid out of the treasury of said c(^unty. The publishers of said newspapers shall, immediately after the last publication of said list and notice, deliver to the treasurer of said county an affidavit of the clue publication thereof, made by some person or persons tf) whom the fact of such publication shall he known, i As (inir/iJrJ /.. iS(j3, C/i. 71S). $ 5. Tax sales — On the day specified in the notice of sale the treasurer shall commence the sale of such lands, and shall continue the same from day to day, until so much of each parcel so assessed shall be sold as will be sufficient to pay the taxes, interest and charj^es thereon. 55 6. Tax certificates after sale 1 lu purchasers at such sale shall pay the amounts of their respective bids to the said treas- urer inunediately after the sale, and after such payments shall have been made the .said treasurer shall add a penalty of ten per centum thereto for the benefit of the said purcha.sers. and shall ^ive the pur- chaser of any such real estate a certificate describinji the lands pur- chased, the sum paid and the penalty attached thereto, and statinj; the time when the purchaser will be entitled tf) a deed. Said treas- urer shall be paid by said purcha.ser the sum of twenty-five cents for his fees on the delivery of such certificate of sale, which amount shall be ;i(idt'(l to sui h tax when jiaid. !) 7. Canccllatiuii of sales and new Lerlificates When ail) purchaser at such sale shall nej;lect to pay tiie amount of his bid for fifteen days after the conclusion of anv sale of lands for taxes. pursuant to this ac t. it shall be lawful for the said treasurer to cancel such sale, by which .ill the ri<^hts of the said purchaser under such bid shall be t-xtin^uished. and issue a certificate of such sale to any other person who will pay the amount for such certificate which would be payable by the oriijinal purchaser, in case the said sale had not been canceled ; or if such certificate cannot be sold he mav transfer the same to the countv of Monroe, and the certificates issued 4t'ii: Si'tx lAU L.ws.s OK riiK to such new purchaser, or to the county of Monroe, shall transfer the same rights that would have been obtained by the successful bidder at the sale had he have completed his purchase. i^ S. Redemption- At any time within two yeats after the last day of any sale of land for taxes as aforesaid, any person may redeem the same by paying to the county treasurer, for the use of the pur- chaser, his heirs or assigns, the sums mentioned in his certificate, with interest thereon at the rate of ten per cent, per annum from the date of such sale. § 9. Tax deeds — If such real estate sold for taxes, or an)- portion thereof, be not redeemed as hereinbefore provided, the treas- urer of said county shall execute to the purchaser, his heirs or assigns, in the name of the people of this state, a conveyance of the real estate so sold, which, when perfected in the manner hereinafter provided, shall \ est in the grantee an absolute estate in fee subject, however, to all the claims which the people of this state mav have thereon for taxes or other liens or incumbrances : and the said treasurer issuing such conveyance, shall be entitled to demand and receive from the grantee one dollar as his compensation for preparing such conxeyance. t 15. Redemption — Any person ha\ing an interest in or lien upon premises sold for taxes, pursuant to the provisions of this act. and remaining unredeemed after service of either of the notices required bv the last two preceding sections, may, at any time within the three months mentioned in such notice, redeem said land by paying into the county treasury such consideration money, with the addition of thirtv-ii\e per cent, thereon, and the amount that shall have been paid for the deed; and e\ery such redemption shall be as effectual as if made before the expiration of the two years allowed to redeem the land sold. § ]6. Order to show cause — Within one year after the ex- piration ot the three months mentioned in the notice to be ser\ed pursuant to sections thirteen and fourteen of this act, the grantee, his heirs or assigns, shall make application to the county court of Mon- roe county for an order requiring the parties interested to show cause why he should not have possession of and title to such property ; and if such property be incumbered by mortgage which is recorded, rfir by a judgment which is a lien thereon, or by an\- other recorded lien, the court shall cause a written or printed copy of said order to show cause to be served on the person who according to the records in Monroe I City ok Rochksikk 4r»r» county clerk's -office is the owner of such property and of such mortgage, judgment or other recorded lien, stating in substance the sale and conveyance, the person to whom conveyed, the amount of the consideration money mentioned in the conveyance, together with thirty-five per centum on said amount, and the amount paid for the deed, and for serving all orders required by this section, and that unless such consideration money, together with the thirty-five per centum and the expense of procuring the dttd, and the expense of serving said orders to show cause, is paid into the treasury of said county by a person having an interest in or lien upon said lands to- gether with the costs allowed by the court for tJiis proceeding, which amount shall be specified in said order, within three months from the service thereof, the court will declare the title vested in the grantee. Said order to show cause shall in e\ery case be served upon the per- son who according to the records of the Monroe county clerk's office, is the owner of said property. § 17. Final order — At any time after the expiration of the three months last aforesaid, unless the premises are redeemed accord- ing to the terms and conditions of said order, the county judge or special county judge may by a final order declare the absolute title in fee to the said premises vested in the grantee, and that all persons having any lien upon or interest in said premises shall he, from the date thereof, forever barred and cut off from any and all right, title or interest in said ]5roperty. § iS. Redemption after final order Any person h.uing an interest in or lien upon said |iremises. maw within the three months mentioned in the last preceding section, redeem the same by paying into the cf)unty treasury the amount stated in the order to show cause : and such redemption shall be as etVectual as if made at anytime prior to the granting of the said order to show cause. ;? i(). Service of order to show cause — The order to show cause required by section sixteen of this act shall be served by the sheriff or his deputy personally upon the person who b\ the records in the Monroe county clerk's office appears to be the owner of the property, the owner or owners of the mortgage, judgment or other recorded lien, if anv there be. if said owner or owners reside in Mon- roe couhtv : if ncM residents of said countv. service shall be made in 4TKK Willi I'LKK \\l> W IKUKSDMK W.MKU. ( /.. 1S72, ( '//. 387). Section i. Appointment nf w ater comniissioners ; tenure of office The mayf)r of the city of Rochester shall appoint iivc per- sons who shall thereafter be known as the board of water commis- sioners of the city of Rochester, for constructing water works for said city, who shall hold office for one. two, three, four and tnc years respectively, as determined by said mayor at the time of appointment. ( )n the completion of said w ater works, said board shall cease to exist, and thereupon all property, books and |)apers relating thereto, shall be jilaced in the control of the common coimcil of .said citv : any vacancy in said board shall be filled by the mayor of said citv f(»r the unexpired term : and said mayor shall .ip|>oint the successor of the 4(>^ Si'K.riAi, Laws ok the commissioner abovil to i^o out of otiicc within twenty clays Ijeforc the expiration of the term of office of said commissioner. Said commis- sioners shall be residents of said city. Provided, however, the terms of office of the said water commissioners shall not extend beyond the first day of October, eighteen hundred and seventy-six. (/.. i.Sji. Ch. 387 ; as amended L. 1873. Cli. 754). § 2. Duties of commissioners — It shall be the duty of the said commissioners to examine and consider all matters relative to supplving the city of Rochester with a sufficient cjuantity of pure and wholesome water for the use of its inhaliitants and for the extinguish- ment of fires. (Z. 1872, Ch. 387 ). § 3. Engineers, surveyors, etc.; reports — Said commis- sioners are authorized to employ engineers, sur\eyors and such other persons as in their opinions may be necessar3\ to ascertain the best and most expedient plan for procuring such supply of water, and make surveys, maps and plans, together with estimates of the cost of the same (but said commissioners shall take no action without the approxal of the mayor, looking to the leasing or purchasing the water works now in process of construction), and shall submit a report of the plan adopted by them, and the estimated cost thereof, to the mayor of said city, together with such information connected with the object of their appointment as they may deem necessary. (Z. 1872, Ch. 387). § 4. Borrowing money ; bonds — If the plan adopted by said commissioners shall be apj^roved by the mayor of said city, then said commissioners shall proceed with their plans for providing said city with water, and shall have power to borrow from time to time, upon the credit of said city of Rochester, an amount not exceeding the amount named in their estimates of the cost of said works, upon such terms of credit, not exceeding thirty years, and at a rate of inter- est not exceeding seven per cent, per annum; and to .secure said loan, the said connnissioners are authorized to make, execute and sell, at not less than par, from time to time, as may be necessaiy, bonds, which shall be signed by the mayor and the president of the board of water commftsioners, as such commissioners, which said bonds, and the interest thereon, shall be a valid lien against said city of Roches- ter, and the credit of said city is pledged for the payment of the same. ClIN- Of ROCUKSTKK 4(»9 'i'hc proceeds of said bonds, shall be applied by said commissioners to the payment of expenses incurred by them under the provisions of this act. ( /. nSys, C/i. 3.S7 : as amrihfetl 1S73. Ch. 754). Amount of bonds limited - I he board of water com- missioners of the city of Rochester is hereby authorized to issue bonds for the construction of water works for said city, to an amount not exceeding three millions of dollars, the provisions of section four, of act chapter three hundred and ei^i^hty-seven, laws of eighteen hun- dred and seventy-two. to the contrary thereof notwithstanding. {I.. 1874, Ch. 649. i 3). § 5. Common council to pay expenses — The common coun- cil of said city shall pay. from time to time, as said commissioners may require, all expenses incurred by said commissioners under the provisions of this act, up to the time of submitting their estimate to the mayor of said city. (/,. 1872, Ch. 387). § 6. Bonds — The common council of said city is hereby au- thorized to issue the bonds of said city at a rate of interest not exceed- ing seven per cent, per annum, payable in not more than thirt}' years, in such form and executed in such manner as said common council shall direct, to an amount equal to the interest which has accrued and shall accrue upon the bonds authorized tt) be issued bv this act prior to and until the time of the completion of the system of water works hereby authorized. pro\ided, however, that no bonds shall be issued for the payment of any interest which shall accrue on such bonds subsequent to the year eighteen hundred and seventy-six. Such bonds may be .sold at not less than par, and the proceeds shall be used solely to pay the interest accruing f)n such bonds as above specified. The common council is hereby authorized and directed to raise, from time to time, by tax, upon the estates, real and personal, subject to tax in said city, the sum or sums which maybe required to pay the interest on the bonds hereby authorized to be issued, except as herein otherwi.se provided, and to redeem them at maturity. The common council of .said city is hereby authorized, if. in its opmion. it shall be deemed necessary for the comjiletion of the water works for said city, to direct the issue of the bonds of said city in the manner heretofore prescribed by law at a rate of interest not exceeding seven JUT cent per annum. ]3avable in not more than thirl v years from date 47U Si'KAivr. Laws of iiik thereof, but the aniouiU of such bonds shall not exceed in the aggre- gate the sum of one luindred and eighty-two thousand dollars, and such bonds shall not be sold at less than par. The common council of said city is hereby authorized and directed to raise, from time to time, by tax upon the estates, real and personal, subject to tax in said city, the sum or sums which may be required to pay the interest on the bonds hereby authorized to he issued and to redeem them at maturity. ( /,. 1872. C'//. 387; a.< aiiiciidcd 1875. Ch. 593). Note — See act authorizing it-fuiuliiig water works loan bonds, I,. 190J. Ch. 556, til is book, p. 486. 5; 7. When in effect — This act shall take effect immediatel}-. Commissioners may enter highways, etc. — The said water commissioners are hereby authorized to enter upon any public street, highway, road, public scjuare. bridge or railroad in any of the villages or towns adjoining or in the vicinity of the said city, through, under or across which it may be found necessary or proper to con- duct the water from any river, lake, spring, pond or stream of water, for the purpose of conveying it to said city, and to lay. construct, alter, replace or repair any pipes, conduits, aqueducts or other works necessary for that purpose, leaving said street, highway, road, public square, bridge or railroad in the same condition, as nearly as may be. as they were before the said entr)^ ; provided, however, that before interfering with any street, structure or other right of any incorpo- rated village or railroad company, it shall be necessary to obtain the consent of the trustees of such village or directors of such railroad company, or in case such consent cannot be obtained, then to proceed to acquire the necessary rights in the same manner as the title to rights in other lands are acquired. (Z. 1872, C/i. 771. i 2\\ as aiiii'iidcii 1873. Ch. 754). Salary of water commissioners The said water com- missioners shall severally receive the sum of five dollars per diem besides their reasonable expenses, for the time employed by them respectively as such commissioners, not exceeding, however, to each commissioner the sum of one thousand dollars in any one year. (1.. 1872. Ch. 771, § 25). City ok R(jchksikk 471 Amount of bonds limited Tlic anioum of the lioncls of said city of Rochester, to be issued under the provisions of this act, shall not exceed the sum of three millions of dollars. ( /,. 1S72, (■//. 771, § 26). Misdemeanor, punishment It shall be a misdemeanor punishable by fine or imprisonment for either of said com- missioners or any clerk, engineer or superintendent appointed by them to be in any manner or way interested, directly or indirectly, in furnishing any materials, supplies or labor, for the erection of said water works or in any contract which said commissioners are empow- ered to make by this act, and ever\- purchase or contract in which any such person is interested shall be deemed forfeited as to any interest of any such person. {!.. 1872, Cli. 11 \, § 27). Powers of water commissioners The board of water commissioners of the city of Rochester, appointed under the provis- ions of act chapter three hundred and eighty-seven of the laws of eighteen hundred and seventy-two. are hereby authorized to enter upon, control and use, as the agents of the city of Rochester, the waters of Hemlock lake and Canadice lakes,* situated in the county of Livingston, for the purpose of procuring a water supply for the said city of Kochcster, and shall also have the power to raise the sur- face of water in said lakes not to e.vceed two feet, and to draw down the said water below low water mark not to e.xceed eight feet : also the right to take such measures and make such constructions as shall be necessary to secure said waters for the purpose intended, and to pro- tect the same from improper obstructions or pollution from any cause ; alst). to perform an\- and all acts relating thereto, which mav be neces- saiy for the purposes for which said commissioners are appointed, all of the above powers hereby granted to be exercised with ilue regard to the rights of owners of property adjacent thereto or depend- ent thereon. And the city of Rochester shall be liable to pay to such owners any and all damages which may be caused to said property by the performance of said act or the exercise of the powers herebv granted. (/. 1873, Ch. 754, $ 3 ). N'oiK — Tile exetulive Ijiiard of tlie city nf RoclieMt-i siuceeilcd to ail the powers of the hoard of water eonimi.>i.sioners as set forth in the above .«ieclion. (I.. 1S76, Ch. y,. § 2, ameiidinf; § 155. Old Charter). *So in the session laws. 472 Si'HXiAi. Laws ok ihk Bonds — All bonds of the city ot Rochester made to pro- vide means for the construction of water works for the said city of Rochester, on demand and under direction of said board of water commissioners, shall be countersigned by, remain until sold in the custody of, and be sold or negotiated by the treasurer of the city of Rochester, and all moneys resulting from the sale thereof shall re- main in the custody of said treasurer of the city of Rochester, and all expenditures made, or obligations assumed, for the payment of money by said board of water commissioners shall be paid by said treasurer upon vouchers audited, approved and signed by said board of water commissioners, or a majority thereof, and countersigned by the mayor, and all vouchers relating to payments of salaries to em- ployees, or for work under contract, shall also be certified to be cor- rect by the engineer of said board of water commissioners. The said city treasurer shall keep separate accounts of all bonds issued for the purposes described, and of all the moneys received from the sale thereof, and also of all moneys paid upon the vouchers of said board of water commissioners, the said books of account to be open to the inspection of any taxpayer of said city at all reasonable times, and said board of water commissioners are hereby authorized to pay to the said city treasurer the sum of five hundred dollars per annum in full compensation for the services required by this act. All interest which may accrue on said moneys so deposited shall be placed to the credit of said water fund. (Z. 1873, Ch. 754, § 4). Bonds of commissioner and treasurer — Before any water bonds of the city of Rochester are issued under the direction and authority of the said board of water commissioners, each com- missioner shall execute to the city of Rochester a bond for faithful performance of the duties of his office, signed by at least two respon- sible sureties in the penal sum of twenty-five thousand dollars ; and the city treasurer shall also execute to the said city a bond in the penal sum of fifty thousand dollars for the faithful performance of his duty as custodian of the water fund of said city, signed by at least two responsible sureties, who shall each justify in the sum of fifty thousand dollars. The said bonds, both of the commissioners and city treasurer, shall be placed on file in the office of the county clerk of Monroe count)-, the sufficiency of the security, in the several bonds to be determined upon and approved by the mayor of said city. (Z. 1873. Ch. 754. § 5)- Cnv OK Rochester 473 Nc>TE — The board of water commissioners were authorized to purchase the rigiits and property of the Rochester water works compan\'. (I-. 1S73, Ch. 754' § f>)- Records and reports — The said board sliall keep a full record of its proceedings in a book to be provided by them for that purpose, which shall at all reasonable times be open for the inspection by the taxpayers. And the said board of water commissioners shall, on the first day of July and January in each year, make a report in writing to the common council of all proceedings had by them and liabilities incurred. And when the office of said board of commis- sioners shall have ceased, the said books of its record and proceed- ings shall be delivered to the city clerk and kept in his office. (/.. 1873, C7i. 754, § 7). An Act to empower the executive board ok the city of roche-ster to .acquire l.and and other property for the water work.s of said city. (/. 1 88 1 . c//. 29). Section i. Executive board may acquire title to lands for water works — The executive board of the city of Rochester, by and with the consent of the common council, is hereby authorized to ac- quire by purchase or in piusuance of the provisions of this act. the title to the lands, waters, lakes, springs, ponds, or streams, or any easement therein, which may be necessary for the purposes of the waterworks of said city. In case the said executive board is unable to obtain by purchase the said lands, waters, lakes, springs, ponds or streams, or easements therein, they shall be, and are hereby author- ized to proceed to ac(|uire such title or rights in the nianner herein- after specified. Note — The hoard of water commissioners iiad the same power as is given to the executive hoard in above section. (1.. 1S72, Ch. 771, §§ 22, 23). § 2. Title, ho\> acquired The saiil board mav pre.sent a petition in the name of the city of Rochester, praying for the appoint- ment of commissioners of appraisal, to the supreme court at any gen- eral or special term thereof held in the .seventh judicial district. Such petition shall be signed and verified either bv the mayor of said city or any member of said executive board. It shall contain a descrip- 474 Special Laws ok thk tion of the property or rights which are sought to be acquired, and must state, in effect, that the property so sought to be acquired is requisite for the purpose of constructing, imiMoving or operating said water works ; that the said city or said executive board has not been able to acquire title thereto, and the reason of such inability. It nuist also state the names and places of residence of the ]xirlie> who own or have, or claim to own or ha\'e. estates or interest in the prop- erty -SO sought to be acquired, so far as the same can, by reasonable diligence, be ascertained. If any of such j^ersons are infants, their ages, as near as may be, must be stated. If any are idiots, or per- sons of unsound mind, or unknown, that fact must be stated, together with such other allegations and statements of liens, or incumbrances, as the said executive board may see tit to make. 5? 3. Service of petition and notice — A copy of such jjeii- tion, with a notice of the time when and place where the same will be presented to the supreme court, must be served on all persons whose interests are to be affected by such proceedings, at least ten days prior to the presentation of such petition to the court. If the person upon whom such service is made resides in this state and is not an infant, idiot or person of unsound mind, service of a copy of such petition and notice must be made upon him personally or by leaving the same at his usual place of residence with some person of .suitable age. If the person on whom such service is to be made resides out of this state and in any of the .states of the United States, or in any of the British colonies in North America, such service must be made by delivering to such person personally or leaving at his last place of residence, if known, a copy of such petition and notice at least thirty days before presenting the same to the court ; or such service may be made by publishing a notice stating ImmcHv the object of the application, and giving a description of the land or other prop- erty to be taken in the state paper and in a newspaper printed in the county in which the property to be taken is situated, once a week for six weeks next previous to the presentation, and by depositing a copy of the petition and notice in the post-office at Rochester, properly folded and directed to such person at his post-office address, if the same can be ascertained, and if not, at the post-office nearest his la.st place of residence, at least thirty days before presenting such petition to the court, and paying the postage thereon. If such person is an City of Rch hksikk 475 infant and resides in this state, such service shall be made as afore- said upon his general guardian, if he has one. and upon such infant personally, if over the age of fourteen years : if under that age, then upon the person who has the care of. or with whom such infant re- sides. If the person upon whom such service is to be made is an idiot or of unsound mind, and resides in this state, such service may be made upon the committee of his person or estate. If he has no such committee, then upon the person who has the care and charge of such idiot or person of un.sound mind. If the person upon whom such service is to be made is unknown, or his residence is unknown, and cannot by reasonable diligence be ascertained, then such .service may be made, under the direction of the court, by publishing a notice stating the time and place where the petition will be presented and the object I hereof, with a description of the land or other propert}' to be affected 1)\- the proceedings, in the state paper, and in a paper printed in the county where the land or other property is situated, once in eacii week for six weeks previous to the presentation thereof to the court. In all cases not herein otherwise provided for service of the petition, notices and otiier papers in the proceedings authorized bv this act shall be made as the supreme court in the se\enth judicial district, or a judge thereof, shall direct. § 4. Special guardian; security In case an\- party to be affected by the proceedings hereby autliorized is an infant, idiot or of unsound mind, and has no general guardian or committee, the court to which such petition shall be presented shall, before taking any other proceedings thereon, appoint a special guardian to attend to the interests of such person in such proceeding. If a general guardian or committee has been appointed for such person in this state, it shall be the duty of sucii general guardian or committee to attend to the interest of such infant, idiot or person of unsound mind. i'lie court may rccjuire sucii securitv to be given by such general or special guardian or committee as it may deem nece.ssar}^ to protect the rights of such infant, idiot or per.son of un.sound mind. All notices required to be served in the progress of the proceedings may be served on such general or special guardian or committee. Any person may appear in such proceedings by an attorney, upon whom all papers shall be served at the place designated by him in such notice of ap- pearance, i'he court shall appoint some competent attorney to 476 Shkciai. Laws ok iiik appear for and protect the ri<;hts of any parly in interest wIk^ is un- known, or whose residence is unknown, and who has not appeared in the proceedings by an attorney or agent. ;? 5. Proceedings upon petition ; oaths and duties of commissioners — On presenting such petition t(Mhe supreme court as aforesaid with proof of service of a copy thereof, and notices afore- said, any of the persons whose estates or interests are to be affected by the proceedings may show cause against granting the prayer of said petition and ma}- to that end disprove any of the facts alleged therein. The court shall hear the proofs and allegations of the parties, and if no sufficient cause is shown against granting the prayer of the petition, it shall make an order for the appointment of three disinterested and competent freeholders, residents of the state of New \'ork. as commissioners to ascertain and appraise the c(Mnpensation to be made to the owners or persons interested in the property so to be acquired, and shall fix the time and place for the first meeting of said commissioners. The commissioners shall take and subscribe the oath prescribed by the twelfth article of the con- stitution. Any of them may issue subp(enas, and administer oath.s- to witnesses. .\ majority of them may adjourn the proceedings from time to time in their discretion. They shall view the premises described in the petition and hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testimony is taken in each case they, or a majority of them, all being present or ha\ing notice of the meeting to the end that they may be present, shall, without unnecessaiy delay, ascer- tain and determine the compensation which ought justly to be made to the owners or persons interested in the property so sought to be acquired. They, or a majority of them, shall also determine what sum ought to be paid to the general or special guardian or connnittee of any infant, idiot, or person of unsound mind, or attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding and who has not appeared, for his costs and expenses. They shall make a report of their proceedings to the supreme court with the minutes of the testimony taken by them. The compensation to which they shall each be entitled for every day they are actually engaged in the per- formance of their duties, shall be fixed by said supreme court, and CiiA >ii Koi HKSXKR 477 such conipcnsalion, together with their expenses, shall be paid by the city of Rochester. U'hen the owners or persons interested in the property sought to be acquired shall have awarded to them an amount not exceeding the compensation offered by said city of Rochester for such property so sought to be acquired, or their interest therein, said city may recover, and the said supreme court may award against such persons the amount so paid to said commissioners necessarily ex- pended for witnesses, or such part thereof as said supreme court shall deem proper. (As amendcti 1S84. C/i. 67). § 6. Proceedings not affected by change of ownership — When any proceedings of appraisal under this act shall have been commenced, no change of ownershi-p shall in an\- manner affect such proceedings. >; 7. Confirmation of report — On such report being made In- said commissioners, the said city of Rochester shall give notice to the parties or their attorneys, according to the rules, and practice of the supreme court, that application will be made to the said court at a general or special term thereof, for the contirmation of such report, and the court shall thereupon confirm such report and shall make an order containing a recital of the substance of the proceed- ings and a description of the property appraised for which compen- sation is to be made and shall direct to whom the money is to be paid, or in what bank and in what manner it shall be deposited bv said city. S cS. Certified copy of order to be recorded ; appeal A certified copy of the order so made shall be recorded in the clerk's office of the county in which the property described is situated, and thereupon and on the payment or deposit by the said city of the sums to be paid as compensation for the property so taken and for costs and expenses as aforesaid, as directed by said order, the said city shall be entitled to enter upon, take pos.session of and use the said property for the purpo.se of the water works, aforesaid, and all persons, wKo have been made parties to the said proceedings shall be divested of all right, estate and interest in the same. .-Ml prop- erty acquired pursuant to the provisions of this act shall be deemed to be acquired for public use. Within twenty days after the con- firmation of the report of said connnissioners. either parly may 478 Shkciai, Laws ok iiik a|)pcal by notice in writinj;- to the others to the supreme court, from the appraisal and report of said commissioners. vSuch appeal shall be heard by the supreme court at a jj^eneral or special term thereof on the usual notice rec|uired b\- the rules and practice of said court. On the hearinij of such appeal, the court may direct a new appraisal before the same or new commissioners in its discretion. 'I'he second report shall be thial and conclusiNc on all parties interested. If the amount of compensation to be made by said city is increased by the second report, the difference shall be paid by said city to the parties entitled thereto, or deposited in bank as the court shall direct. If the amount is diminished, the difference shall be refunded to said city by the party to whom the same may have been paid, and judg- ment therefor ma\- be rendered b}- the court on the riling of the second report against the party liable to pay the same. No appeal shall affect the possession or use by said city of the property so appraised, and when the same is made, by others than said city, it shall not be heard except on stipulation of the party appealing not to disturb such possession. ii 9. Court to determine conflicting claims — If there are acherse and conflicting claimants to the mone\'. or any part of it, to be paid as compensation for the property so taken, the court may direct the money to he paid into the court and may determine who is entitled to the same and to whom the same shall be paid in a summary manner, and may order a reference to ascertain the facts on which such determination and order shall be made. Who entitled to award — In re application of tiie City of Kocliester to acquire certain water rijjiits — 136 N. N'. S3. i^ 10. General power of court — In cases of appraisal imder this act the court shall have power to make all necessary orders and directions to carry into effect the object and intent of this act, and to compel the delivery to the said city of Rochester of the possession and control of all property or rights acquired thereby. The practice in such cases shall be conformed as nearly as may be to the ordinary practice of said court. 5i II. Amendments to proceedings — When the mode or manner of conducting any of the proceedings to the appraisal of the property sought to be taken, and the proceedings consequent thereon C.'irv OF R()( HKsiKk 479 are hot e.xpresslv provided for in ihis act, the said ccnirt before whom such proceedings are pending shall have power to make all necessary orders to that end. The said court shall also have power at any time to amend any defect or informality in any of the proceedings author- ized by this act as niav be necessary, or to cause new parties to be added to. and furUur notice to be given to any party in interest as it may deem proper, and shall also ha\e power to appoint commission- ers in place of an\- who shall die. refuse or neglect to serve, or be incapable of serving. § 12. Repeal All acts and parts of acts inconsistent with this act are herel)\ repealed. § 13. When in effect — This act shall take el'fecl inunediately. An .-\cr 10 AirHoki/.K thk issi'k 01 t.onds 01 ihk ^ 11 v of K()( HKSTER TO PA^■ I'OR AN A I >1 HI lo\ A 1 WAIKK SriM'I.V. ( /-. 1892, C/i. 358). Section i. Issuing of bonds; proceeds The cit\()f Roch- ester is herel)\' authorized to borrow nione\' for the purpose, to the amount, and in the manner hereinafter stated, and the common council of the city of Rochester may. from time to time hereafter, for the purpose of furnishing an additional water suppl\- for the city of Rochester and its inhabitants. b\- a three-fourths vote of the members of said common council, authorize the city treasurer, to issue the bonds of said city to an amount not exceeding, in the aggregate, the sum of one million seven hundred and fifty thousand dollars running for a period not exceeding (ifty years, and bearing a rate of interest not exceeding four per lentum per annum, pavable at such jjlace as the common council shall designate. .Said bonds, when issued, shall be signed by the treasurer, sealed with the corporate seal of the city, countersigned bv the ma}()r and |)resident of the common council. and may be either coupon or registered bonds and shall be redeem- able at any time after twent\ vears from the issue thereof. .\ com- plete record shall be made and ke|it bv the said treasurer of said bonds, including the dates, amounts and the dates of maturity thereof, and to whom issued, if registered, respectively. The proceeds of said bonds shall be applied to the |"iayment of the costs of procuring said additional water sujiph. 4»0 Spkciai, Laws oi ihk § 2. Sale of bonds — Whenever the issue of any bonds, by virtue of this act. shall be authorized by said common council, said treasurer shall invite sealed proposals therefor by public advertise- ment for not less than ten days, and may award the same to the highest bidder therefor ; provided, that no proposals shall be accepted for less than the par value of said bonds: and said proposals shall be publicly opened only by the treasurer or such other person as said common council may designate in the presence of the finance com- mittee of said common council or such of them as shall attend at the time and place specified in said achertisenient, and said treasurer, with the approval of said finance ccjmmittee or such members thereof as may be present, shall determine what, if any, part of said proposals shall be accepted, but nothing herein contained shall be constRied to prevent the rejection of any or all of said proposals, and said common council is further authorized, for the purpose of paying for the cost and expenses of carrying on the construction of any work now being done, pending the sale of any of said bonds, to borrow by a vote of three-fourths of all the members elected, subject to the approval of the mayor, upon the credit of the city, by its promissory note or notes, payable in not more than a year after their date, so much money as may be deemed necessary, and the amount, so borrowed, shall be placed to the credit of the additional water supply fund to be re- funded, with interest, from the proceeds of the sale of said bonds. (^s atnriulcd I.. 1894, Cli. 394). Jj 3. Deposit in banks — The several banks, including tiie savings banks, within the city of Rochester, and the Rochester tryst and safe deposit company are hereby authf)rized to receive and keep on deposit any moneys raised by the sale or for the payment of said bonds, and to pay on such deposits the same rate of interest, as that of the bonds, of which such deposits are the proceeds respectively, and each and every bank or company receiving such deposits as aforesaid, shall execute and gi\e to said city a l)ond with sufhcient sureties conditioned to save said city harmless in any event of and from any loss by reason of such deposits, said bonds to be approved by the mayor and chairman of the finance (.oinmittee. 5^ 4. Redemption — In an}^ year in which by the provisions of this act, any portion of the principal of the bonds herein authorized shall be subject to redemption, it shall be the duty of the city treas- City ok Rochester 4s1 iirer to give notice, in at least the official newspaper of the city of Rochester, and in one or more newspapers pubHshed in the city of New York, during the first ten days of July, stating the amount of such bonds to be redeemed at par. and accrued interest, and inviting tenders thereof from the holders of such bonds, and from the tenders so received, if any, to select bonds to an amount not exceeding the amount required for redemption, and to give the holders thereof notice that the same will be paid at such place as such bonds and the interest thereon shall by their terms be made payable, on or be- fore the first day of September then next. In case the amount so tendered shall be less than the amount so required for redemption, it shall be the duty of the said treasurer between the fifteenth and twen- tieth days of any such July, to draw, by lot, from the bonds outstand- ing, the numbers reciuired to suppl\ any such deficiency, or, in case no tender shall have been received, the whole number so required for redemption, and for this purpose, each one thousand dollars of bonds so issued, whether registered or coupon, shall be numbered consecu- tively in the order of issue, and as to tiie bonds so drawn, the said treasurer shall at once give public notice in one or more of the news- papers published in the city of Rochester, of the fact that such bonds, stating the numbers, have been drawn for redemption and that the same will be paid, with accrued interest, at such place as he shall des- ignate, on or before the first dav of August then next, and as to all such bonds so tendered or drawn, and in respect to which the money required for their redemption shall be provided and kept ready for payment, from and after the several times .so limited for redemption, and paNinenl and interest sh.\ll cea.se. § 5. When in effect — This act shall take efVect immediately. N(n"K — La\\> iS^j. Cli. 55S, providing for issuing water Ixinds pavable in not more than fifty years, held not in conflict with § 1 1, .Xrt. .S. of the Stale Con stitution of 1S46 (same provision, § 10. Ait. S, ( '(institution of iSc)^). ( 'iiy of Rochester vs. (^)uiiitard. 1 3(1 N. \'. jji. .An Acr ro .\i riioui/K iiii (iTV ok kornK.srKU ro issiK im»ni»s rO \':\\ KOK A WAIKK 1 MSTRI lU'TI M ; SVsrKM. ( /.. 1894. (7l. ^^^G). Section i. Bonds for water distributing system I'he city of Rochester is hereby authorized io borrow money for the purposes, to the amoinit. and in the inannei hereinafter stated, and the conuuon 4S2 Si'KfiAi, Laws oi- ihk council of the city of Rochester inav from time to lime hereafter, for the purposes of providing said cil\ with additional water distributing mains in connection with the water works system of said city by a three-fourths \ote of the members of said common council, authorize the citv treasurer to issue the bonds of said city to an amount not to exceed in the aggregate the sum of two hundred and fifty thousand dollars running for a period not exceeding twenty years, and bearing a rate of interest not exceeding four per cent, per annum, payable at such place as the common council shall designate. Said bonds when issued shall be signed by the treasurer, sealed with the corporate seal of the cit)', countersigned by the mayor and president of the common council and be either coupon or registered bonds. A complete record shall be made and kept by the city treasurer of the said bonds, includ- ing the dates, amounts and dates of maturity themof, and to whom issued if registered respectively. The proceeds of said bonds shall be applied to the pavment of the cost of constructing said distributing mains. is 2. Sale of bonds — Whenever the issue of any bonds by virtue of this act shall be authorized by said common council said treasurer shall invite sealed proposals therefor by advertisement in the official paper for not less than ten days, and may award the same to the highest bidder therefor, provided that no proposal shall be accepted for less than the par value of said bonds, and said proposals shall be publicly opened only by the treasurer, or such other person as said common council may designate in the presence of the finance committee of said common council or such of them as shall attend at the time and place specified in said advertisement and said treasurer with the approval of said finance committee or such members thereof as may be present, shall determine what, if any. part of said proposals, shall be accepted, but nothing herein contained shall be construed to prevent the rejection of any or all of said proposals. And said com- mon council is further authorized for the purpose of paying for the costs and expenses of carrying on the construction of any work pur- suant to this statute, pending the sale of any of said bonds to bor- row by vote of three-fourths of all of the members elected subject to the approval of the mayor upon the credit of the city by its promis- sory note or notes payable in not more than a year after their date so much monev as mav be deemed necessarv and the amount so bor- CiTv OF Rochester 4 So rowed shall be placed to the credit of the funds for the jKirposes of this statute to be refunded with interest from the proceeds of the sale of said bonds. § 3. Deposits i'he several banks includini; the sa\ inj; banks within said city, and the Rochester trust and safe deposit company and Security trust company of Rochester, are hereby authorized to receive and keep on deposit any moneys raised by the sale or for the payment of said bonds by the notes of said city pursuant to this act, and to pay on such deposits such rate of interest as agreed upon by said finance committee, and each and every bank and company re- ceiving such deposits as aforesaid shall execute and give to said city a bond with sufficient sureties conditioned to save said city harmless in any event of and from any loss b)' reason of such deposits, said bond to be approved by the mayor and chairman of the finance committee. § 4. Payment of interest on bonds — In order to provide for the payment of interest of the bonds heieh}' authorized to be issued by said city, there shall be added to the general city taxes of the city at large in the year when the first issue of bonds hereby authorized shall be made and each year thereafter, such sum of money in each of said years as shall be recjuired lo pa\- the interest upon the bonds which shall have been issued pursuant to the provisions of this act. To provide for the payment of the principal of said bonds it shall be the duty of the treasurer of said city to estimate and ascertain the amoiuits required to be added to the general city ta.ves of said city by \irtue of this act aiul to transmit a statement each year to said com- mon council in time to have such amount included in the general city tax of said city for that year, and it shall be the duty of .said conunon council to cau.se such amount to be included in such general city tax and to provide annually by tax for the payment of the principal and interest of the bonds issued pursuant to the provisions of this act. i; V When in effect-'I'his act shall take elTect immediately. .\\ .\( r ro I'KOVIDK K)K THK S.ANIIAKV l'l<( ) rKl TIO.N OI-THK SOUKt-KS OK WATKR SUIM'I.V OK TIIK TI 1 \ ()!■ RocHK>;TKK 1!V rHK ACQIM- SITION l!V SAIK CITV OK KKAI. I'KOHKKTV AM> INTKKK.srs rUKKKl.N NKt ESSAKV FOR THA K l'i;RroSK, AM) IIV rUF. AHAIKMEN K AND REMOVAL OK SOURCES OF POLLUTION. ( /.. 1895, Ch . lOlS). Section \. City empowered to acquire lands at Hemlock lake -It shall be lawful for the litv of Rochester to .icquire in the 484 Spkciai. Laws ok thk manner hereinafter slated, title to any real properl}-, including lands under water, and any interest or easement therein, in the counties of Livingston and Ontario, included within a line drawn around the shores of Hemlock lake situated in said counties, and two hundred feet distant from high water mark, that may be necessary for the sanitary protection of the sources of the water supply of said city, and the abatement and removal of sources of pollulion thereof. (As amended I.. 1901, Ch. 249). § 2. Hemlock lake commission — Within twenty days after this act takes effect the executive board of said cit}- shall apply to a special term of the supreme court for the appointment of three dis- interested persons, residents of said city, to be known as the " Hem- lock lake commission'' to contract for the purchase of such real property, interest or easement therein. Such commissioners shall receive five dollars for each day actually employed in such service, and shall call upon the city engineer and corporation counsel and other officers of said city for such assistance as may be required, and shall have power to employ such other assistants as may be necessar)-. A vacancy in the otfice of a commissioner, on the application of the commissioner or commissioners in office, or of any person interested, may be filled by the court which originally appointed the commission- ers. In case said commissioners are unable to contract for the pur- chase of such real property, interest or easement therein, they shall apply to the supreme court on behalf of said city, under the condem- nation law, for the acquirement of such real property, interest or easement therein, and all proceedings for the condemnation of such real property, interest or easement therein shall be as provided in the condemnation law. If it shall be necessary for the purpo.ses of this act, such commissioners may take any highway or portion of a high- way within the limits described in section one, but they shall recon- struct any such highway in a manner satisfactory to the highway commissioners of the town in which it is located, and so as not to materially interfere with the public travel, and acquire the necessary land therefor, by agreement with the owners thereof, or if unable to so agree, by condemnation. {As amended L. 1899, Ch. 640). {i 3. Abatement of nuisances — The board of health of said cit}' in addition to any other remedies provided by law for the sanitary protection of water supplies, or the suppression of nuisances, is hereby City ot- Rochksikk 485 authorized by its duly constituted aj^ents. to enter upon any real property which said city is authorized to acquire under section one of this act and order the abatement or removal of any actual source of pollution or defilement of the water supply of said city, and if such order is not complied with after twenty-four hours written notice to sum- marily abate or remove the cause of any such pollution or defilement, and the expense of such abatement or removal shall be a debt recov- erable by said city of all persons maintaining it or assisting in its maintenance, (-^s amended I.. 1899, CIi. 640). ?j 4. Watershed bonds — For the purpose of securing the payment of the purchase price of said real property or paying any awards made by commissioners of appraisal, or and judgment recov- ered, damage sustained, costs or expenses incurred pursuant to this act, the common council of said city is authorized, and it is hereby directed to issue the bonds of said city, to be known as the "water- shed bonds of the city of Rochester," to run for a period not exceed- ing fifty years, at a rate of interest not exceeding four per centum per annum, and in an amount not exceeding the sum of three hundred and seventy thousand dollars. Said bonds shall be sold, signed, sealed and countersigned as provided for the additional water supply bonds of said city. None of said bonds, however, shall be sold at less than par. The proceeds of said bonds shall be paid into the city treasury, and shall be paid out from time to time upon the order of the commissioners appointed under section one to the persons entitled thereto, pursuant to this act. Said common council shall raise annually by tax upon the real and personal estate subject to taxation in said city, as a sinking fund for the redemption of said bonds, a sum which will pay the interest when due on said bonds and equal the principal at their maturit}-. Pending the sale of any of said bonds, said common council may borrow money for the purposes of this act upon the promissory note or notes of said cit\-. [ As nmrnded /.. 1 90 1, Ch. 249 ). § 5. Deposits in bank — The several banks, including the" savings banks within the said city of Rochester, the Rochester Trust and Safe Deposit C'ompany and the Security Trust Companv of said city, are hereby authorized to receive and keep on deposit at interest any moneys raised by the sale or for the payment of bonds pursuant to section four, and each and every bank or company re- 48(5 Si'KAi.M. Laws oi iiik ceiving such deposits as aforesaid shall execute and ^ive to said city a bond with sufficient surety conditioned to save said city harmless from any loss by reason of such deposits, said bonds to be ap|)roved bv the mayor. (Rrpcnlcd I.. i.S(vj. Cli. 640). 5; (). Powers of Hemlock lake commission transferred — ( )n the thirtieth da}' ot June, nineteen hundieti and two. the powers and duties of the commissioners under this act shall cease and shall vest in and be discharged by the commissioner of public works of the city of Rochester. On such date said commissioners shall rile with the commissioner of public works a complete record of their proceed- ings together with all their books, contracts and papers and shall turn over to the treasurer of said city all moneys belonging to said city which moneys the treasurer shall deposit to the credit of the Hemlock lake sanitary protection fund. {Aihicd hy L. u)02. Ch. 187. § I). § 7. Acts of commissioners validated — All conveyances, contracts and options made to or with the commissioners or any of them are hereby validated and any commissioner is hereby authorized and directed to convey and assign to the city of Rochester any real property, rights, easements, contracts or options acquired by him and said city is authorized to hold and enforce the same. ( AiLicJ by /.. 1902. Ch. 187. § I ). An Act to .authokizk ihk isslk ok konds 01 tiik k\\\ ok ROCHESTKR TO PROVIDE .MONEY W riH WHICH ro l>.\V I'.ONDS OF SAin CITY WHICH WILL MATURK l^N JaNIARV KIK.SI. NIN'K- TEKN HUNDRED AND THREE, AND WHICH ARE KNOWN \S IHK WATKK WORKS MONDS. ( /. I9O2. Ch. 556), Section i. Bonds to pay water works loan bonds The city of Rochester is hereby authorized to borrow money to the amount of three millions of dollars, in the manner hereinafter stated; and the common council of the city of Rochester, for the purpose of providing money with which to pay the bonds of said city heretofore issued pursuant to law. may, by a majority vote of the members of said common council, on or before the twentieth flav f)f December, City ok Rot iikstkr 4^7 nineteen hundred and two, authorize the comptroller Ui i->mic the bonds of said city to the amount of three millions of dollars, running; for a period not to exceed thirty years, bearing a rate of interest not to exceed three and one-half per centum per annum, payable at such place as the common council shall designate. Said bonds, when issued, shall be signed by the mayor and treasurer, sealed with the corporate seal of the city, and countersigned by the comptroller, and may be either coupon or registered bonds, and shall be redeemable either at the option of the city, or if the common council shall so determine, then the said bonds shall become payable in installments at the end of five. ten. fifteen, twenty, twenty-tive and thirty years, respectively. The proceeds of said bonds shall be applied to the payment of the bonds heretofore issued by said city, known as the water works loan bonds and falling due Januar}- first, nineteen hun- dred and three. 5? 2. Sale of bunds — The bonds of the citv of Rochester which shall be issued by virtue of this act. shall, as authorized bv the common council, be negotiated by the comptroller and sold after competition u]X)n sealed ]3roposals. or at public sale to the highest biflder. but said bonds shall not be sold at less than par. (5 T.. When in effect — i'his act shall take effect immediatelv. Acts k.xtkndinc waikk main> in vom> riiK iimiin ok imk cikn OK ROCHKSTKR : I'o the CoOpeiMlivf foimdiy — L. 1SS7, Cli. ^5. To the Towns of Gates and Greece — L. 1S97, Ch, 58^ To the towns of Brighton and Irondequoit — I,. iS<)7, Ch. 744. I'o the Plastman Kodak Company — L. 1S97. Ch. 746. To the projierty of Kniiik Schi-rer in Town of Ciates — I,. i«joo. ( 'h. ;.!.S. MlSCKI.l.ANEOi:s vers KKI.AriM: 10 KIVKK WD ( WAI HKirM;K.s. AND RKI'AIkS : I.. 1S77. Ch. 365 — AniLMuled 1.. 1.S7.S. Ch. fo— .Mien >.trfet bridge. 1.. 1877. Ch. 36') — Closing Eric canal feeder. L. 187S, Ch. 113 — Amended 1.. 1870. Ch. 2^(y — Itrown and Smith '•trecl l>ridge>. I.. iSSo. Ch. 35(> — Genesee river frcdt-r. 488 Si'KriAi. Laws oi- riiK L. iSS;, (Jh. J I — Keniovinj; obsliuctioiis in canal. 1.. 1885, Cli. 550 — IMnnacle avenuu bridge, apijropriation for onslriiclion. I.. 1 886, Ch. 396 — Amended 1.. 1887. C'h. 459 — Deepening J.yell and Saxtf>n street sewer. L. 1886, Ch. 553 — Monroe avenue brid^^e, rel)niiiling of. 1,. 18S7, Ch. 229 — (Jenesee Valley canal. L. 1887. Ch. 643 — Kowe street sewer, use of, for canal leakage. L. 1 888, Ch. 351 — West avenue bridge, removal of. I.. 1 888, Ch. 352 — Culvert under canal between 9lh and loth streets. I,. 1888, Ch. 355 — I.yell and .Sa.vton street sewer, re -appropriation for deepening L. 1888, Ch. 363 — Bridges over Genesee river. I.. 1889, Ch. 100 — Amended L. 1890, Ch. 177 — Caledi>nia avenue bridge. L. 1889, Ch. 481 — Culver street bridge. I.. 1890, Ch. 345 — I.yell and Sa.xion street sewer, re appropriation for di epening. L. 1S91, Ch. 138 — Rowe street l)ridge. L. 1892, Ch. 519 — I^ridges over Genesee rivei. L. 1893, Ch. 14 — Ford street bridge. I,. 1893, ^^- 33^ — Kmerson street bridge. 1.. 1893, Ch. 726 — Repairs to canal wall, appropriation for. L. 1S94, Ch. 559 — (Jrifiith .street bridge. I.. 1894, Ch. 560 — Kmerson street bridge, additional ajjpropriation for. L. 1894, Ch. 652 — West avenue bridge, plans for. 1-. 1894, Ch. 653 — Retaining wall, St. Paul street. L. 1895, Ch. 219 — Emerson street bridge, re-apjiropriation for. L. 1895, Ch. 514 — Exchange street bridge. 1.. 1896, Ch. 950 — Emerson street bridge, providing for deficiency. 1,. t897, Ch. 32 — Fitzhugh street bridge. I,. 1S97, Ch. 207 — Monroe avenue bridge, re-construction of. 1,. 1897, Ch. 339 — S. Clinton street bridge, construction of. I-. 1897, Ch. 572 — E.xchange street bridge, re-appro])riation for. L. 1897, Ch. 791 — Exchange .street bridge, appropriation for completion of. L. 1898, Ch. 606 — Fitzhugh street bridge, re-appropriarion for completion of. I.. 1898, Ch. 607 — -Monroe avenue bridge, re-appropriation for completion of. L. 1899, Ch. 477 — Fitzhugh streetbridge,re-ap]iropriating unexpended balancefor. I,. 1899, Ch. 549 — West avenue bridge. L. 1899, Ch. 569 — Exchange street bridge, apitrojiriation to jiay deficiency for. L. 1900, Ch.419 — South Fitzhugh street bridge, appropriation for. L. 1901, Ch. 645 — I.yell avenue bridge, appropriation for. L. 1901. Ch. 687 — West avenue bridge, appropriation for. L. 1901, Ch. 732 — Plymouth avenue bridge. I.. 1902, t'h. 594 — Plymouth avenue bridge, removal of. I.. r903, Ch. 573 — Plymouth avenue bridge, appropriation for. LAW'S AFFFC I IN(i ( 11 lES NolK — TlIK It.I.l.oWINC TAIll.K IKKSKNTS VARIOlS rK<)\ ISIONS OK LAW .pl IMKRKST IN 111 IKS OK IIIK SK.CONH CLASS. SoMK OK THK MATKRIAI. IIKKKIN HAS HKKN NOTKK IN THIS BOOK KI.SKWIIKKK, 111 T KOR PlIHMi (ONVKMKM K •|HK^r LAW-- AKK ItKollHri' HKIKIIM-.K A I.lll A It KTIC A I I.V As Kol.l.nUs : Actions- — Sfc nu'iiKiraiKliiiu uii, invols iiii; tity or ciiy ottiicrs, this Ixmk. Aldermen — Sec nous as to powers of, this book, pp. 4:1-44. Armor\ Speci;il ;ict itlatint; to. in the citv of Rochester, jiuhlished in full, this Auctioneers and Peddlers honRsii* ( Onum r. e Law. §{} 5o-(i5li. Automobiles — Act relatinn to — \.. H(0^, Ch. <>25; exceeding speed limit a nii-iiiimanoi, i'enal Code, § 66f», as amended 1.. i<)02. Ch. 2^^.. Bankers and Banks — Individual bankers to file uriificates — Hankinj; Law. ?; 1 J ; ()ij;ani/:itii)n of banks in cities, /4: re|)eale02. Ch. 505. Hicyde races regulated — I'enal Code, § jS.^a. Kiding on sidewalks forbidden — I'enal Code, § 652a: Code Criminal I'rocedure, § •,(>, subdiv. 2<>. Transportation on s|i-aml>oats — \,. 1903. Ch. 121; on railroads — Railroad Law. (j 44. Bonds — Official, gi nerally — See note this Ixiok, p. ^10. Municipal, as seciiritv for the issuance of bank notes — {Ranking Law. § 64. Bone and Fat Renderlnjj;— Prohibited in or near city — L. 1.S92. i h. (>4<). ( Monnie I nuniy c\, c pi< il|. Bridice claims — .Act to confer jurisdiction on Court of Claims to hear Rochester . I.iim-. 1. 1S95. Ch. 1017; L. 1000 Ch. 6<>4. Brid}(es — city of Rochester may builil. overCenesee River — L. iSSS. Ch. 363 ; I . iS()2 Ch. 5K). Cities ntay build canal — Canal l,aw. §§ 117. 118. May vubnnt to people (|uestion of building — fieneral City 1-aw, §§ 70-iSo. Ke iween cities and town: — I.. l8i»7, Ch. 26<), amended L. tSi)S. Ch. 5<>i. I- i.S()(), Ch. 232. For spicial acts iilating to canal biidges in the city of l\M( lii-ster, see this book. p. 4S7. Buildings — Inspection of scaffolding, etc., by factory inspector — l.iil><>r 1-iw, § ii See alsf) index on •' buildings." Butter — Dealers not to kee|), in unclean receptacles — Agricultural l^w, § 52. Canals — Citv authorized to collect licen.ne fees for sales on — (leneral Citv I aw. § .S' Cemeteries — See note» ook, j). \.\\. Charitable Institutions — Support of inmates — State Constitution. .\rt. \lll. ?! I I I'.ivnunt^ liii m.iintenance — I.. tSijj.Ch. 754. See notes this l>ook. p. 2f>o. Chattel MortKavres Must l>e filed with the county clerk — Lien Law. § >}2. 490 Laws Affkctinc Citiks Children — Provisions as to employment of — Labor Law, §§ 160-173. Children's Aid Society of Rochester — L. 1.S95, Ch. 355; amended L. iSgS, Ch. 479. See notes this book, p. 260. City Clerks — See notes as to powers and duties of, this boolv, j). 27. Civil Service — State Constitution, Art. V, § 9, and Civil Service Law. Classification of Cities — State Consthution Art. Xll, § 2. Coal — Public institutions shall not use soft — General City ]>aw, !j <;. Reg- ulations for protection of purchasers of — /(/.. §§ 150-157. published in full, this book, p. 349. Commissioners of Deeds — Appointment and number of — Executive Law, t; 86; age of — I\iblic ( )tficers Law, §3; fees of — Code of Civil Proc, § 3298. Shall not receive free passes or franking privileges — State Con- stitution, Art. Xin, § 5. Common Council — See notes as to power of, this book pp. 42-44. Condemnation Proceedings — Code of Civil Proc, §§ 3357-3384. As to, in ciiv of Rochester, see Inde.x on "Condemnation Proceedings." Conditional Sales of Personal Property — Where contract to be filed — Lien Law, § 113. Debt — City debt shall be reported annually to state comptroller by clerk of board of supervisors — County Law, § 52. Mayor and chief fiscal officers shall report annually city's financial condition to secretary of state — L. 1903, Ch. 347, published in full, this book, p. 347. See notes as to funded debts and municipal bonds, this book pp. 38 and 83. Dogs — Act in relation to, in cities of the second class, published in fvdl, this book, P- 353- Elections — See memorandum on, this book, p. 327. Excise Laws — Act to provide for rebate on certain licenses — L. 1897, Ch. 83. See als(j Liquor Tax Law. Fire Department — Foreign insurance companies shall pay tax to city treasurer and shall file bond — Lisurance Law, §§ i33-'37- Volunteer firemen entitled to exemption certificates upon establishmtnt of paid fire department — L. 19C0, Ch. 449. Firemen entitled to free use of street railway, telegraph or telephone while on duty — L. 1895, Ch. 417. Firemen exempt from military duty — Military Code § 1, subdiv. 4; from jury duty — Code of Civil Proc, § 1030, subdiv. 13. Firemen moving from one city to another shall be entitled to a certificate. General City Law, §§ 13, 14. Person con- victed of felony may belong to the fire department — L. 1903, Ch. 427. For special acts relating to the fire department of the city of Rochester, see this book, p. 357. Fire Escapes — Must be provided — Domestic Commerce Law, § 40; Penal Code, § 447b. Flags on Public Buildings — Display of foreign flags prohibited without per- mission — L. 1895, Ch. 36. Forgery of Public Records — A felony — Penal Code, § 511. Genesee River — Act as to floods — L. 1865, Ch. 639, published in full, this book, p. 367. See note as to the Genesee river being a public highway, this book, p. 369. Health — Public Health Law — Regulations as to employment of women and children — Labor Law, §§ 161-172. Horseshoers — Labor Law, §§ 181-184. Hours of Labor on Street Railroads — Limit fixed — Labor Law, § 5. Laws Affkctin(; Citiks 491 Industrial School of Rochester — Act t(^ Incorporate — L. 1857, Ch. 457; amended L. 1.SS6, t'h. zt-)0. L. 1893. Ch. 170. Insane — State care of Insane — L. i8go, Ch. 126. Stale Asylum at Rochester — L. 1891, Ch. 335. See also Insanity Law. Insurance of Public Buildings — Cieneral Municipal Law, § 23. Jurors — Act creatiiig commissioner of jurors — L. 1897, Ch. 346; amended L. 1900, Ch. 565, L. 1 901, Ch. 377 (excepting the police court of Rochester), L. 1902, Ch. 408. Fees of jurors — Code of Civil Proc, §§ 3313, 3314, 33' 5< 3316. 3326. Disposition of unclaimed fees of jurors — L. 1899, Ch. 150. Legislature — Members of. not to he appointed to city offices — State Constitu- tion, Art. in, § 7. Libraries — City may establish and maintain — (General Municipal Law. § 24. City may contribute to support of — University Law, § 37. Act to authorize gifts and devises for — L. 1S90: Ch. 160; amended L. 1892, Ch. 25, L. 1896, Ch. 53. Act in relation to Court of .\ppeals Law Librarv of Rochester — L. i()00, Ch. 258. Life Saving Apparatus — City may erect and maintain — L. 1900, Ch. 342. i'enaltv for damaging — Penal Code, § 674g. Lighting — Powers of corporations in relation to^ — Transpcjrtation Corporations Law. § 61. Interference with meters, pipes, etc., a misdemeanor — Penal C^ode — §§ 651-6513. Mayor — See note as to powers and duties of, this book, p. 65. Mechanics' Liens — When filed for public work — Lien Law, § 12. Memorial Day — Act to enable veterans to participate in the exercises of. L. 1S95, Ch. 220. amended L. 1901, Ch. 26. Special act authorizing city of Rochester to appropriate money for observance of, L. 1897, Ch. 424. Both arts ])ublished in full, this book, p. 370. Midwives — Act in relation to practice of midwifery in Kochestei — L. 1895, Ch. S42. Published in full, this book, p. 371. niiitary Fund —City may contribute to militarv record fiiiul — State Finance Law. t; 100. Monroe County Penitentiary — Special acts relating to, ])ui)lished in full, this book. p. 373. riunicipal Corporations — netinition of — Central Corporation Law. § 3. See also Cicneral Municipal Law. •Naturalization — See memorandum on elections, this l)ook, j). 328. Obligations — Administrators, etc., may invest trust funds in, of cily — Per- sonal Property I^w, § 9. State Comptroller may invest state moneys in — State Finance Law, § 81. Oils — Testing, storing and insjieition of — Domestic Commerce Law. §§ 23-25. Ordinances — See memorandum on, this book, p. 24. Organization of Cities — Legislature to provide for, etc. — State Constitution, Art. Xll. § I. Overseers of the Poor—See notes, this book, p. 260. Packers of Canned (joods — Shall put name of city on labels — Domestic Com- merce I ,aw. § :;o. Parks — Act to authorize gifts and devises for — L. i8()0, Ch. i()0; amended ].. 1892, Ch. 25, I-. 1896, Ch. 53. Special acts relating to, in the city of Rochester, published in full, this book, p, 376. Pawnbrokers — Act concerning — L. 1883, Ch. 339 (applies to cities of over 200,0001; amended L. 1884, Ch. 363, L. 1S90. Ch. 240, L. 1903, Ch. 538. Act to provide for incori^oration of — L. 189^ fi- .1-6; amended L. 1895, Ch. 4i»'i Laws Afi-ka iinc. (_'hiks Pawnbrokers — Continued 706, 1.. 189(1, Ch. 206, L. 1902, Cli. 7. 4^2. Taxpayers' Actions — See note on, this book, j). ^13. Telegraph, Telephone and RIectric Light Wires and Poles — Transporta- tion ( (>rpor.iiinn> Law, ij^j di, loj. .Sre KUitrital .^ubwavs — Hirdseve's ( leneral Laws, 3d luin., p, 1222. Towns — When cities considered as — Town Law. § 134. TrustS^.XcIs authorizing city to take estates — L. 1840, Ch. :;i8; I.. iS4i,Ch. 26.; L. 1855, Ch. 432. Veterans — (.'ommander of post may care for — I'oor Law. § Si, as amended L. iS()8, Ch. 337. L. i8i)9, Ch. 462. Not to be sent to alms house — id., § So. Preference in (.'ivil Service — State Const., An. V, § <>; Civil Service ' Law, §20: L. 1901, Ch. 533. Public buildings may be leased to — Cleneral Municipal Law, § 2(). See "Memorial Day," this table. Voting Machines — C^ity may adopt — injection Law. § 163. Water Supply — ,\ulhorities may enter into contract for purifving ajiparalus — L. 1804. (li. 667. Protection of potable supply — Public Ilealth Law. § 70. See notes, this book. p. ((7. For special acts relating t.>, in the < itv <>f Roch- ester, see this book, p. 4''i7. Weapons — No person under eighteen shall carry — L. 1SS3, Ch. 37 V NLivor may grant license to carry. /V/.. and I'enal Code. § 410. TABLE OF CASES, STATUTES AND TEXT- BOOKS CITED Note — This iahlk includes ai.i, casks, statutks and tkxt- I«X)RS CI'iKD IN TIIK CHARTKK AND SHKCIAI. LAWS. It DOKS NOT INCLUDE THE ADDITIOXAI, STAITTES NOTKl) IN I IIK lAllJ.K OK " LaWS Akfectixc. ("niKs." CASES I>A..K Adams Div (Icods Co. (l'eo])le ex rel.) vs. W'oodljviiy a.s C"oni'r. etc., S8 App. Div. 443 314 Amsterdam (I'eople ex rel.) vs. Hess, i 57 \. V. 67S 97 Argus Co. (I'eople ex rel.) vs. Eresler. 70 .\pp. Div. 294; affirmed 171 N. V. 302 26.41 Armitage vs. Fisher, 74 Hun 167 24 Arthur vs. Cohoes, 56 Hun 36; affirmed 134 N. V. 5iS9 105 Ashton vs. Ciiy of Rochester, 133 N. V. 187 220, 315 Atlas Iron Construction Co. (in re) 19 App. Div. 415 189 Habcock (In re) 52 llun 142 1S9 Habcock (In re) 1 1 5 N. V. 450 188 Haird vs. Heifer. 1 2 App. Div. 23 281 Haker vs. City of Rochester, 24 Ap)i. Div. 383 380 Harhite vs. Home Telephone Co., 50 App. Div. 25 316 Harnes vs. City of Brooklyn. 22 App. Div. 520 315 Harnett (People ex rel.) vs. Johnston, 38 Misc. 645; affirmed 75 .\pp. Div. 630 73- 3-5 Heaudrias vs. Hogan, 16 App. Div. 38 286 Hell vs. City of New York. 66 App. Div. 578 188 Hell vs. City of Rochester. 61 St. Rep. 721 220 Hell vs. City of N'onkers, 78 Hun 196 32 Hell vs. Leggett, 7 N. ^■. 176 45 Bird.sall vs. Clark, 73 N. \'. 73 3'4 Hirge vs. Herlin Iron Hridge Co., 133 N. \'. 477 39, 84 Bliel (People ex rel.) vs. Martin, 131 N. Y. 196 403 Hliss vs. Lawrence, 48 How. I'r. 21. 58 N. Y. 442 86 Hrady (I'eople ex rel.) vs. Martin. 145 N. Y. 253 403 Brooklyn (City of) vs. Nas.sau El. R. R. Co., 38 .\p\>. Div. 365 24 Hrooklyn (City of) vs. Nodine, :<< IIuii 512 24 Tahik ok Casks C'riKi> 495 Ha.;i: Muckout vs. City of New ^'ork, i 76 N. \ . 363 z}t^ Kuffalo City Cemetery vs. Buffalo, 46 N. V. 506 343 Buffalo City Cemeterj' vs. Buffalo, 43 llun 127; atifirmed 1 iS N. N'. 61 .. 343 Buffalo (City of) vs. Collins Bakinj^ ('o., 3<; .Vpp. Div. 432 24 Buffalo (City of) vs. N. V. L. E. & \V. R. K. Co.. 152 \. V. 27'. 24 Buffalo (City of) vs. Schlieft-r, 51 ."^t. Rep. 5S 24 Butts vs. City of Rochester. 1 Hun 59S 189 B\itts \s. City of Rochester, ^7 .A])]!. IHw 621 55 <'ain vs. Warner. 45 App. Div. 450 3if> iarnahan (I'eople ex rel.) vs. Kdgerion (not re])orted) 316 ("arthaji;e (Village of) vs. Frederick, 122 N. \'. 268 24 n\vay vs. City of Rochester, 157 .\. \'. 33 108 Coughlin (People e.\. rel) vs. Cleason. 121 N. N'. 621 45 <'ra\vfortI vs. City of New \'ork. 68 App. I )i\ . 1 07 314 Cromwell vs. McLean. 123 N. \'. 474 203 Cronin \ s. People, 82 N. \'. 318 24, 146 Cumisky (People e,\ rel.) vs. W'orster, 14 App. Div. 556 24 <'urtiss (People e.\ rel.) vs. City of Rochester. ;t N. ^■. ,07 55 <'uH(, _• ',S I )avidson \ s. Budlong. 40 I lun 24 ^ ',15 Del., I.. & \V. R. R. vs. Buffalo. 65 Hun 464 30 Demarast vs. Mayor. 147 N. \'. 203 25 Detmold vs. Drake. 46 N. \ . 318 : ^8 De Witt vs. Brisbane. i() N. ^ . 51 2 15 Dickins•, 38 Donnelly vs. City of Rochester, 42 .\pp. Div. 624; reversed ifrfi N. \'. 315 315 Donovan vs. Mac Alpin. 85 N. ^". 18^ 314 Duryee vs. Mayor. >/> N. ^■. 477 24 Kverer vs. N. \ . ( '. \ M. R. R.. 41 .St. R. |>. 488 IOf>. 122 l-.lliot ( Peop'e e.\ rel.) \ s. Webster (not reported) 264 Kllison \s. Allen. 30 N. ^■. Supp. 44 1 3S8 Klsner (Matter of) 8(» Apj). Div. 207 190, 247 Klwood vs. City of Rochester. 43 Hun 102 ; affirmed 122 N. V. 22it ..56.121. 238 Knsign vs. Parse. 107 N. V. 32W i8i; 490 TAr.i.K OK Casks Ciikd Eversoii vs. City of Syracuse, 29 linn 4S5 1 SS Filer (Matter of) 1 1 Abb. N. C. 107 1 ::4 Fitch (People ex rel.) vs. Lord, 9 App. Div. 45S 447 Ford vs. Standard Oil Co., 32 App. Div. 596 24 Fort Edward (Village of) vs. Fish, 1 56 N. \'. 36;, 38 French vs. City of Rochesler, 79 App. Div. 645; athrmed 175 N. V.474. . S6 Frifs vs. N. V. C. & H. R. K. Co., 1 69 N . V . 270 95 Ciaffigan (People ex rel.) vs. Rickerson. 56 Ai)p. Div. 5iS2, 245 Hammersley vs. Mayor, 56 N. V. 533 23s Hapfel vs. lilessing, 37 Misc. 47 101 Hassan vs. City of Rochester, 65 N. Y. 516 236 Hassan vs. City of Rochester, 67 N. Y. 52S 244 Hatch (People ex rel.) vs. Lantry as Com'r. etc., SS App. Div. 3S3 315 Halzung vs. C'ity Syracuse, 92 Hun 203 1S9 llayden (People ex rel.) vs. City of Rochesler, 50 N. Y. 525 349 Heisler vs. New York, 104 N. Y. 68 --O Hermance (People ex rel.) vs. Diederick. i 58 N. ^■. 414 iSq 1 loffeld vs. Buffalo, 130 N. Y. 387 2^0 Holland House Co. vs. Baird, 169 N. Y. 136 <)5 1 lollister (Matter of) 41 Misc. 559 220 Hooker vs. City of Rochester, 57 App. Div. 530; affirmed 172 N. Y.665. .225, 228 Horion (People ex rel.) vs. Fuller, 41 App. Div. 404 2')0 Howe vs. City of Rochester, 86 Hun 3 329 Iluffmeyer vs. Ciiy of Brooklyn. 162 N. Y. 584 95 Hughes vs. Citv of .\ubnrn, 161 X. N'. 96 95 Hun (Matter of) 144 N. Y. 472 '89 Hunt vs. City of Oswego, 107 N. \ . 629 3'4 Hutchinson vs. City of Rochester, 92 Hun 395 iSij. 249 Ithaca vs. Cornell. 75 Hun 425 '89 Jenny vs. City of Brooklyn, i 20 X. ^■. 164 V5 Johnston vs. Dahlgren, 3 1 -App. Div. 204 '4^' Joslyn vs. City of Rochester. 66 .\pp. Div. 6::^ 220, 321 Kelley (People ex rel.) vs. Scott, 86 llun i 74 '4^' King vs. New ^■ork. 102 X. Y. i 71 --* Tai'.i.k of Cases ("itkk 497 1'a<;k Kingsland vs. New York. 39 Si. Rep. 433 22S Kirk vs. McGuire, 32 Misc. 596 30. S4 Kneib vs. People, 6 Hun 238 24 Knowles vs. City of New York, 176 .\. \'. 430 314 Kronsbein vs. City of Kocliester, 76 Apj). I)iv. 494 .)9' ^^4- 'oS Lardncr (People e.\ rcl.) vs. Carson. 10 Misc. 237 ; alitirmed 1 55 .\'. V . 491 . . 2S5. 32S Leighton vs. Leighton I^ea Assn. (not reported) 1S9 l.ighton (People e.\ rel.) vs. McGuire, 31 Misc. 324 64 1 .itchfield vs. McComber, 42 Barb. 2cSS 1.S9 Little vs. City of Rochester, 17 Wk. Dig. 513 225 i,ittle vs. City of Rochester, 87 Hun 493; atifirmed 156 N. \ . 667 250 l/)omis vs. City of Little Falls, 66 App. Div. 305 i8 Miller vs. Warner, 42 App. Div. 208 3ifi Moffett, Hodgkins & Clark Co. vs. City of Rochester. S2 Fed. Rep. 255 : reversed C. C. A. 319; C. C. .\. reversed 1 78 U. S. Rep. 373. ^ ;i5 .Monroe (County of) vs. City of Rochester, i 54 N. \'. 570 36 Moore vs. City of .\ll)any, 98 N. N'. 407 ... -•20 Morris vs. Havs. 14 -\pp. Div. 8 289 Neal vs. City 7 <»7 Nechamcus (People e.\ rel.) vs. Warden. 144 N. ^'. 530 146 New \'ork (In re extension of Church Street in City of), 49 Barb. 453. • .224. 22S N. N'. C. & H. R. R. vs. City of Rochester. 1 27 N. Y. 391 <)5 Noriliern Trust Co. (In re) vs. City of Rochester (not reported) 230 Noycs (People e.\ rel. I vs. Board of ICducalion, ;, App. Div. zn^ 163 < )'Connor vs. Walsii as Mayor, 83 Ajip. Div. 1 70 313 Oakhill Cemetery Assn. (People e.x rel.) vs. Pralt. 1 2<> N. Y. f>S 30. 343 Paine vs. Village of Delhi, i i*> X. \ . 224 93 Palmer vs. City of Syracuse, 67 .\pp. Div. 267 321 Patterson vs. Binghamton, 88 Hun 272 228 4!IS Taiu.k <)I ("\.sk> CriK.i) Patterson vs. Patterson, 59 N. ^". 574 ji 5 I'cck vs. Belknap, 130 N. \'. 394 313 Peene (People ex rel.) vs. Carpenter. 31 App. I)iv. (>o;\ 3^< ^.3 People vs. lirooklyn, 23 Barb. 1 66 1 oS. 1 2 1 People vs. Brooklyn, 1 1 i N. ^'. 505 97 People vs. City of Syracuse. 7S N. ^■. ^6 2 ■J*. Peo|)le \s. lOwel, 14 I N. \'. I2<) 65 People vs. Fitch, 14S N. V. 71 • iSS People vs. French, 1 02 N. Y. 5.S3 263 People vs. Ixjwher, 7 Abb. Pr. i 5.-1 315 People vs. Mulkins, 25 Misc. 599 263 People vs. Putnam. 3 Parker's Grim. Rep. 3S6 263 People vs. Steinholz, Monroe County Court (not reported) 315 Pierce (In re) vs. Board of Education of Rochester, 84 N. \'. Sujip. 1 141 ; alifirmed by Court of Appeals 315 Polinski vs. People. 1 1 Hun 390; affirmed 73 N -^ ■ 55 25, 146 Pougbkeepsie (City of) vs. (^uintard, 136 N. \'. 275 39. S3 Powers (People e.x rel.) vs. Kalbfleisch, 25 App. l)iv. 432 ; ajjpeal dis- missed, I 56 \. V. 67S 1 92 Pryor vs. City of Rochester, 166 N. \'. 548 2, 35, 62, 86 Kcniscn vs. Wheeler, 103 N. \ . ^73 223 Ritzenthaler (People ex rel.) vs. Higgins, 151 N. \'. 571 264 K. & H. \'. R. R. Cf). vs. City of Rochester. 17 Ap]i. I)i\. 257; modified 163 N. WCoi^ .' " 316 Rochester (City of) vs. Bell Telephone ("o.. 52 App. l)i\. <>; trial, opinion Hancock, referee (not reported) 316 Rochester (City of) vs. Campbell. 123 N. ^'. 405 316 Rochester (City of) vs. Close, 35 Hun 20S 50 Rochester (Citv of) vs. Kapell, 86 Ap]). I)iv. 224; aflirnied bv Court of Appeals 189, 257 Rochester (Cily of) \s. Montgomery, 72 N. \'. ^5 316 Rochester (City of) vs. (Jsbom, 5 Lans. 37 153. 369 Rochester (City of) vs. Rush, 90 N. V. 302 97 Rochester (City of) vs. Simpson, 57 Hun 36; reversed 134 N. N". 414 .. . 316 Rochester (('ity of) vs. West, 164 N. V. 510 316 Rochester (In re) 1 10 N. \'. i =;<> -28 Rochester (In re application of City of) 48 St. Rcj). 358 391 Rochester (In re application of City of) 137 N. V. 243 37<). 3<>i Rochester (In re application of City of) S App. Div. 609 379 Rochester (In re application of City of) 31 St. Rep. 75 379. 380 Rochester (In re widening of .South St. Paul Street in the city of) 85 Hun 473 228 Rochester (Matter of) 66 N. \ . 413 225 Rochester (Matter of city of) vs. Bloss. 77 .\pp. Div. 28; affirmed 173 N. V. 4<> '95 Rochester (Matter of cily of) 57 App. Div. 634 3i'> Tai'.i.k ok Ca^ks (iikI) 499 K(>clle^ler (Matter of « ity of) 40 ll-8 i»7 Rochester (I'eople ex rel.) vs. DeWitt. 59 App. l)iv. 49^; atiirmed 167 N. V. 575 ; ' .,7 Rochester & I,ake Ontario Water Com])any vs. Citv of Rochester, 1X4 .'\pp. Div. 71 : affirmed 176 N. \'. 36 . . .1^7, 105. r 13 Rodgers (I'eople ex rel.) vs. Coler, 166 N. ^'. 1 . . . 314 Roe vs. City of Rochester (not reported) 458 Roth vs. City of Rochester. 90 Hun 606 316 Rundell vs. I.akey, 40 N. ^'. 513 1S8, 189 Ryan vs. Aldridge. 83 Hun 279 316 Ryan vs. City of New York. 7S A|ip. Div. 134; artirmed by Court of Appciil- 314 Sargent vs. Hoard of Education of the City of Rochester. 35 .Misc. 321 : 76 Ajjp. Div. 5SS; affirmed, Court of Appeals 315 Savage vs. Huffalo. 45 A. 1.. J. 364 245 Schneider vs. City of Rochester, S Misc. 652; reversed «^ Hun 171: appeal dismissed. 155 N. N'. 6iq; ^^ App. Div. 45S: reversed i<^>oN. \". '^5 230 Schomer vs. City of Rochester, 15 Abb. N. C. 57 316 Sedgwick vs. Stanton, 14 N. \'. 29S 45 Shorten (Peole ex rel.) vs. Markell, 20 Misc. 149 2C>^. 274 Sims vs. Brookfield, 1 3 Misc. 569 1 1 S Skelly (People ex rel.) vs. (irant. 52 Aj)]). Div. 635 325 Smith vs. Buffalo, le e.\ rel.) vs. .Stnrgis, 7S .\pp. I>i\. 4(>o. 514 Teiratc (In re taking of the fee of the) 30 -St. R (iKNKKAL Laws Ciikd GENERAL LAWS I, AW CuAHTliK Si'XTloN Agricultiival Law ''"^93 33^ 3- Pa(;f. 146 Hanking Law 1 892 689 64 83 Canal Law Civil Service J-aw 1894 1900 33'^ 195 117, 1 iS 10 42 65 Domestic Commerce Law. 1896 376 1896 376 1896 376 1896 272 1896 272 1896 272 Domestic Relations Law 14-17 -7 40 I I I ^ 308 43 (17. J 37 44. 65 -7 44, 66, 260 Election Law Executive Law . . (ieneral City Law . 1892 , 1896 , 1896 1896 1896 ,1896 1896 1896 1896 1896 1896 ,1892 . 1900 ) 900 1900 1900 1900 1900 1900 1900 1900 1900 680 909 909 (;09 909 909 909 909 909 909 909 683 3-7 327 327 327 327 327 327 327 327 327 34 62 I lo-i 12 '63 1 63- 1 66 178 86 4 5-7 '3 8 9 '3> 14 30-35 327 27. 327 329 332. 333 65 27- 33° 44 33^ 329 44 33' 65 307 44, 45, 66, 31C '3' 43' 69 367 43 43 137 2,43 65 (Jknkkai, La\\> ('iiko :)n8 ( it neial Ciiv L;i I.AU 1900 1 900 1 900 1 900 1 900 1 900 " " " K^OO " " '• 1900 " 1900 ('■(neral Municipal Law . . . 1 .S92 '' " •• ...1S92 " " "... I S92 " " "... I S()2 I lif^li way ] .aw ln.>iiiraiice Law I S90 I S90 . I S<,2 I .ahor I ,aw 1 .S()7 •' '^07 •■ '^07 l^-gi.slati\ e Law 1 S92 •■ iS<*2 1 892 I .iqiior Ta.x 1 ,aw 1 Si/) Military Code 1 S<)S •• KS9S 1S9.S '• |S<,S iS<,S J-/ .3-7 3-7 .1-7 .5-7 .5-7 327 3-7 3-7 6S5 r..S5 6Ss 6.S5 Skc riMN 40 ■)0-57 54 70-So 90, 91 (;0-97 120 12 r '57 4 "* 26 34. 56. 97 66 146 .S4 43 66 127. 132 43. 84 65 ^'5 3«. S3 109 105 43. '05 107 56S 163. 166. i(\(). i6()a. 1^)1)1) r)()0 '33 >3''> 415 i'> 57 4' 5 1 72 I4( 4" 5 K. 1-173 26c AS 2 46 6() ('vS2 4<^ 27 6S2 64 67 112 40 262 212 1 . Mibiiiv. 4 130. 1 212 24 -7 212 9 6r. 212 S6 66 2 i 2 1 ^2 66 I'lmr l,a\N I S()6 " 1896 rnhlii lltallh I.;i\\ ^^'t.y " 1S1/3 |S()3 I'ublic ( )fficers l^iw \S«73- 1S74. US75. 1876. 1S79. iSSo. 1880. 1880. I S80 . t88o. 1881 . 1881 . 1 88;,. 1884 1884. 1885. 1885. i88<). 1887. 18.H7. 1887. 1888. 1888. 1888. 1888. 1888. |88<». 18S., (R"-visrcl Laws, Van Nes & Woodworth) . . . . 47 5' 250 '33 3'9 188 639 744 727 760 616 45- 463 206 igf. 3'o >4 >4 «4 ,/, 554 48r, 53' 375 107 43>' -7 1^)8 5''3 33 614 ^•73 8f. "'3 i.>8 86 4 399 262 3-7 32 I .5-7 561 2,Sl, 285 25 399 301 ir^ 378 66. 161 473 146 5.S 43- 34:: 51') 43 22S 343 364 260 594 13- 720 70. 124. 125. 304, 310 4 399 15 124 28 -«5 124 ... •«3 524 '3^' 556 161,422 5<9 130 667 97 36 67, 105 124 .183 .78 7" 1 7S 124, 125, 304. 310 .i5' ■ 46 417 67. .32 754 43, 84, 260 604 33>^ 792 .Vh ^3 927 27, 328 •^37 1 36 53 39') 511 h3 696 ■.)^' 873 146 910 .... 321 346 2f)6 424 <^5 55' 328 577 45-S 5«3 490 743 260 744 490 La\v> Ciiki* 50 : I, AW 1897, 1897. I.S9S. IS98. I 898 . 1898. 1898. 1898. IS98. 1898. 1898. 1898. 1898. 1898. 1899. 1899. 1899. I 899 . I 899 . 1899. 1899. 1899. .899. 1899. I S99 . 1899. i8(/^. 1899. 1 S99 . 1 89V. 1899. 1899. r899. l8(;9. 1899. 1 900 . 1900. 1 900 . KjOO. I 900 . I 900 . I 90c. I 900 . I9OI . I()OI . HAi'ii 1: Ml 1 1..N I'vi.l 746 7S4 141 490 314. 3=7. 328. 305 66 IJ'I 3-7 54,1 18.- 43 157. 280 38 570 .83 183 543 342 594 660 586 328 35. 162 20! 674 676 328 328 130 150 .67 162 266 260 36() 183 401 459 402 45" 403 459 404 459 407 408 459 459 409 459 410 459 411 459 412 459 44' 27 473 327 509 634 308 25 63U 459 700 581 272 }^3 1 57. 262. 280 342 43 44'> '37 528 565 490 266 68(> 257. 45S 30., 535 162 162 34 32S IO(. 162 508 I.AW ll>OI . 1901 . I9OI . I9OI . I9OI . I()01 . 1 90 1 . 1901 . 1 90 1 . I .>o I . 1 90 1 . I90I . 190 1 . 1901 . 1901 . 1901 . 1 90 1 . I90I . 1901 . I90I . I90I . I90I . 1901 . 1901 . 1901 . 1 90 1 . I90I . 1 90 1 . 1901 . 1901 . 1901 . 1902 . 1 902 . 1 902 . 1902 . 1902 . 1902 . 1 902 . 1 902 . 1902 . '903- 1903. 1903. 1903. KJO-J. Laws Citkd CuAriFn Si-c n .N Pa.^i: 107 406 1 14 '•S3 '74 32 « 262 460 263 460 264 460 265 460 266 460 267 460 26S 460 269 460 270 460 271 460 272 460 -7.1 460 274 460 275 4^0 276 460 -77 460 27S 460 279 460 2S0 460 281 460 282 460 34S 107 377 266 447 459 557 367 659 3^3 721 '30 727 162 10 328 '55 43, 84, 260 '95 328 239 32« 294 49 408 266 527 260 540 65 560 '57 3' 99 2C6 32« 297 2S0, 285 347 65. 74 382 J 30 RkNISKT) SlAiriKS ("iTKIi •")•'*.' I.Au Chai'ii-h Sri ri..s I'a<.i; n)o;, ;,8^ 146 i<;o;, 4-7 '37 i(;03 522 .... 1S9. 195, 305 M)0^, V>U ■ ■ ■ ■ 260 UNITED STATES REVISED STATUTES 2nd Edn. Skctions Pm.k 1992-1994 27 I (;92- 1 99S 32S 1^99-2000 27 2 1 (y$-2 1 67 32.S 2 1^5-- "74 -7 216S 32S 2l6(>-J 170 .' .l2S -■7- .>-f< 2174 .1-^ 5424-5429 27 REVISED STATUTES— State of New York Part I. Cli. 6 .')10 C'ddk l'k()\ isions CriKD CODE OF CIVIL PROCEDURE Skctidn P.\(,k 220 -35 43' 3'j 842 66 94' _ 3- 9^2 314 1 030, subdiv. 13 1 37 1925-1931 : 313 2234 66 2250 66 2 708 66 2992 2(p 3'44-3i4S 27 3243 3^.^ 3245 73' 3' 3 3326 267. 281 3227 2S1 3357-33^2 I 0<) CODE OF CRIMINAL PROCEDURE Ski IK IN Ha<.i- r o 1 66, 1 32 1 06 44, 66 147 66 838-860 264 900 6( ) 899-913 263. 274 PENAL CODE Skcihin I'a(.k I 5 264 4I-4IZZ 328 4IX 27, 328 4iy 27, 32S 42, 43 62, 70, 93. 125. 282. 30 J 304. 3'0. 334 CoiiK l*l«)\ ISIONS AM) rKXr-]]()<)kS CllKh ."> 1 1 Ml I iiis H.M.i: V) 309 50 309 I M> 66, 1 30 1 54 37 ':>■ 16: 166.. ^91 .. 292 . . 396 . . 397 ■ ■ 410.. 411.. 447I). 46S . . 473- ■ ()6S . . ''7- 74. 3' 3 73 ' .V} 73 ^3^3 260 ^>5 U- :. 144 142 f>7 • '3- '3- '3^ 45' ■ 3'o 268 TEXT-BOOKS Pagk ^ -'^ Amiican and Imil;Ii-Ii lMu;vclop;v(lia of l,;t\\ 1 ^^3 ' i<»o rhitty on C'oniracls 45 ( "oiilry on Taxalion :o 1 C'umming and (lillKit's Annotaiecl Tax Law ( iqoi ) 190 I )illon's Miinitipal Corporations }5, 310 I )rake's Annotated Tax I^w (n>03) in Contrai t> 45 INDEX INDEX Six. l'v..i '4 j<) •H ()2 377 26:; NoiK 'I"HK FOI.I.oWI NC in I)F.\ t ()\ KKS IIIK IWO ( IIAKl KKS AM) IIIK Sl'KXiAI. I-A\VS tON TAINKI) IN IHIS i;()()k. ThK WiHTK Ch AKThK (S INDKXKl) IN THK WIDER MKASTRK. TlIK ()l,I) C'lIAKrKR IN IHK NARROWER MKASIIRK, AND RKFKRKNCKS lO IHK Sl'Kl lAI. l.AWs ARK SKT IN S.MAM, lAPS AND INDKNTKD. I'nDER KACH subject IHK MAITKR IS INDKXKIi IN IHK ORDIR (»K PM.INi; WIIHOITT RKCARD |(> A M'H A HE 11 CA 1. AR R A N( ; EM EN 1'. ABSENCE: Of president of common council Of mayor t »f ])<)lice justice ACCIDENT: See AciHiNs. ACTIONS : , C'itv m.iy maintain, for violation of ordinances 2 ;5 ;S May he maintained for penalties 4^ V For damages, must he tommenced witiiin one year from injury So s.j Kor damages, shall not he hrouglit until ex piration of forty days after claim no Si) For damages, rt-tpure notice of intention to he filed with torporation counsel within six months So Sij ( 'ommissionir of i)uhlic safelv mav hring, to ahale nuis- •incs --S I ,4 Attachment in, for violation ol onlinani o relating to canals z'^t 15; No security in. retpiirrd hy city on .tdiourn- ments or ajipeals j ;;i< ^01 Costs doiihle for defendant in. againsi ciiv officers JS4 ^oj Written notiie necessary to commissioner of puhlic wiirks in. for damages 4(>i 31 1 For damages, for defective streets. (. i< 4'ii ;m 510 Indkx White Charter Old Charter Special Laws ACTIONS: (DiUinut-d Si-:< . I'M.i For damaf;es arising from snow or ice, written notice of ])articnlar place must he given commissioner of puljlic works 4*^)1 312 l'"or damages, shall not he coninienctd until three months after claim 4<'>i 312 ( )mission to present notice of clain) within three months or commence, within one year, har to recovery 461 312 All existing requirements iis to notice must lie complied with to maintain 461 313 Kxisting rules as to contributory negligence not modititd nor new obligations imposed on t ity l)y White Charter 461 313 City not liable in, unless actual notice of un- safe condition had 21.S 317 Costs shall not be taxed in. unit ss notice served on mayor or corporation counsel witiiin hfteen days 21S 317 City may maintain, against owner for expense of repairing or cleaning sidewalk 2 iS 317 ALDRRMEN: Election, term c)f office and salary of 13 25 <^)ualifications of 13 25 \'acancy in office of, how tilled 27 39 Person chosen to till vacaiuy, must be of same jioliiical party 27 39 Suspension or expulsif)n of 27 39 < leneral powers of. see notes 4--44 (leneral duties of 50 56 Removal from ward vacates office of 2S7 61 See Common Coi'Ncii.. ALLOWANCE: No additional. >hall he made 453 309 ANNUAL F LNANCIAL REPORTS: A< I TO PKOVIDK KOK. IN (ITIKS oK S !■'.(< i\ 1 1 < 1 ASS ^47 APPEAL: I-'rom audit of comptrollei '>5 72 Claims shall not be ])aid uiuil lime to, lias expired 6'i 74 No. from decisions of commissioner of public safet\ .... ' 204 [36 I 230 145 I'rom order of health officer 222 142 Prom police court judgments 260 270 From municipal court judgments 246 286 I'rom decisions as to assessments 470 323 Indkx ■ .'(17 NX'hite Charter Old Charter Special Laws APPOINTA\ENTS: Sr. . Pv.i 15y comm<»n council shall be hy viva Mice vole 3:5 42 ( If city (.fticers shall be by mayor 49 64 APPROPRIATIONS: Mayor mav a]ii)rove jjait of orciiiiance .i])|)ro])rialiiii; mont-y 2t 33 I iilawful for officers or departments to exceed 96 Si lit alili department may exceed, to suppress epidemic. . . i»^> Si Misdemeanor tf) vote, out of exhausted fund Si (; i Hoard of education shall not exceed i ^5 171 APPROVAL OF BONDS: See Bonds. ARMORY : .\(r At riloKI/.INC MIK «I1V OK RuCIIKSIKR TO Af'c.H'TRI. srrK KOK. . — ',4s ASSESSMENT AND TAXATION: For mill-race upon property bent tiled For extension of gas mains .Assessments f<»r repairs of sidewalks t'osts. grading or cleaning, to be assessed on propertv benetited .Assessors shall include cost of grading and cleaning. . . . .Assessments for street o|)enings. on jiroperty beiu-tited.. Kxisting laws as to, shall apply .A.s.sessors shall ap|)oint assistants Flection and terms of asse.ssors \acancy in office of, how tilled Towers and duties of assessors Local laws to remain in force as to assessments Assessors shall have powers nf fninier boards Shall tile warrant with « ity treasurer Siifficiencv of assessment < )f land, how made Assessments against \inknown owners, etc I'erms of assessors in office on Jan. 1st. H)00 ivxpenses incident to improvements to be included in assessment When assessors interested in imprnxemetii When property omitteii from roll . If i\ii>si\e. r^•bale to be made .... 4- ."'.1 IO(> 04 io j6i iS, 2(>i iS;; J'T iSs 2b 2 '•\S .'65 i8f. 2C^, iSf. ',00 1S7 .>oo 1S7 ;,oo 1S7 ;,oo ^^7 Ski. P^(.R j;co iS; .1 ' .1 iS- 1 SS- - 1 1 )'> 5.5 19.. .S2 |i;0 •^:, \<)2 51 S Indkx White Charter Old Charter Special Laws ASSESSMENT AND TAXATION :— Cm, iiiuu- insufficient rublication of notices See notes on assessment and taxation Duties (■{ assessors Assessments for general taxes Annual assessjnent. liow made Additional ia.\ for water rrnt~, delivery of tax '■'.lis S5 i,,4 W'arr.mt of mavor to be annexed to asse>s- nient rolls When assessment rolls deli\ired to treasmer Collection of taxes hy treasure! Rates of interest i( llLctible I'liblication of notices Issuing of warrants C!ollectors' sales and notice.- Distribution of surj^lns on colleciors' sales. .. Time of sale Notice of sale C'ity treasurer to conduct sale Manner of sale, certificate \Vhen property bid in by city Cdiunil may authorize treasurer to bid Redemption of pr(])erty sold for taxes Notice to redeem Service of notice City treasurer shall str\e noticts, see note.. . Mayor's certificate of failure to ri deem : treasurer's certifi( ate of discharge of lien ; foreclosure; jurisdiction of municipal court Judgment creditor or mortgagee may redeem Lien of mortgagee or judgment creditor Definition of mortgagee .\cquiring title to lands sold |)ariies other than city loS .:oS Lands imperfectly described; power of (oun- cil t(j correct taxes or assessments Supervisors to annex warrant to rolls Notice to pay count v taxes; interest l*ublicatif)n of notice as to county taxes. . . . Warrants of county treasurer; collectors. . . County collectors; salts and notices Disposition of surplus S() "'5 S; 1 06 SS i.>6 S<) 196 90 "'7 1)1 1 97 U2 199 ''.3 199 ')A 19'' ■'5 200 ■)(> 2CO >)7 200 ').S 201 i)i) 201 100 202 101 2C2 101 202 — -o.> 104 -04 "OS 207 106 207 107 207 id) 209 1 }(< -^'4 1 1 - -'5 1 iS 2\(> 1 1') 2\C> 120 2I.S 121 21S Index 519 White Charter Old Charter Special Laws ASSESSMENT AND TAXATION :— Coniinued Sf.c. Page Sale of lands for county taxes 1:12 219 Taxes regular notwithstanding irregularities; re-assessment ; record of sales 215 252 Deeds shall be presented to assessors before recording -86 255 Maps of subdivisions shall be filed with as- sessors -89 2 56 Miscellaneous provisions relating to assessments . 465 3^9 Reduction and vacation of assessments 465 3^9 Legality of assessments 465 319 Hearing on application to vacate or reduce assessments . . 466 320 Vacating or reducing assessments 407 3-' Recovery of assessment paid for local improvement, see note 3-' Assessments not void unless objections filed 46S 322 Llearings on ol>jections 46S 322 Reduction by court ; new assessment 469 ' 3-- Appeals from decisions as to assessments 470 323 Consolidation of actions 47 ' 3-3 Act AiriioRiziNG local imi'Rove- MEN 1" BONDS — 45- ACT AUTHORIZING PAST DUE TAX BONDS — 453 Acts validating tax sales — 453 Acts authorizing compromise ok Church street assessment — 454 Act relating to taxes in riiE city of rochester — 454 Acts levying assessments idk LOCAL improvements — 457 Acts levying assessments on KociiEsiER Railway Co 45^ acr authorizing settlement with Rochester Railway Company . . — 45'^ Act AS to collection of taxes in Monroe county — 459 Ste I'AKks; ruiu.ic Improvements; Sewers. ASSESSORS: See AssEssMEN I and Taxation. AUCTION : Of franchises • '9 3° Of unclaimed properly, by police clerk <>7 269 520 Index White Charter Old Charter Special Laws BALLOT CLERKS : Sec Paoh See Elkctions. BANKS: City depository shall be designated by board of estimate 83 76 Shall report to comiitroller monthly 84 77 BASTARDY PROCEEDINGS: Police justice has jurisdiction over 396 264 BIDS: vSee Contract .\m> Srpi'r.v, Hoard of BOARD OF CONTRACT AND SUPPLY : See Contract and Suti'ly, Board of BOARD OF ESTIMATE AND APPORTIONMENT: See Estimate and Appoktionmkn r. Hoard of BOARD OF HEALTH : See Public Sap'ETY, Department of BONDS: Mayor and city clerk shall report cfficers' neglect to give 30 67 Official to be filed with mayor 49 68 Mayor shall examine 281 68 When recorded in county clerk's office 281 68 Comptroller and deputy shall give 62 70 Of comptroller and deputy shall be approved by mayor and recorded by county clerk 62 70 Comptroller shall keep list of city 65 73 List of, open to inspection of citizens 65 73 Comptroller shall cancel paid 65 73 Of treasurer and deputy shall be approved by mayor and recorded by county clerk 80 75 Revenue, shall be signed by mayor and treasurer and countersigned by comptroller 96 81 Of commissioner of public works and deputy shall be approved by mayor 1 oS 93 For contract street lighting, in penalty of fifty thousand dollars 123 102 Contractors', for labor subdiv. 6 — 122 Commissioner of public safety and chief police shall give, to be approved by mayor 174 125 None required in actions by city to restrain nuisances.. . 228 144 Renewal of; exchange of water works 1 10 210 Index 521 White Charter Old Charter Special Laws BONDS:— Continued Sec. Page Of commissioner of charities, and deputy, approved by mayor 340 2 58 Of overseer of poor, approved by commissioner charities. 343 259 Of police clerks, approved by board of estimate 398 265 Of police clerk, shall be filed with comptroller 398 265 None required by city, on appeals in actions or proceedings 259 301 Of corporation counsel, approved by mayor 415 304 City olificer or member of common council shall not be surety on, for public contracts 455 309 Common council may require from any city olificer 456 310 Bonds required must be given 457 3'° Official bonds generally, see note — 310 Of constables approved by judge of municipal court and filed with city clerk 26 ;^^2 Rochester park 15 382 City of Rochester park (Riley triangle) 3 398 Rochester market 13 412 High .school 1 421 East side sewer 1 422 t.r \ I ' 44> West side sewer , ^ Local improvement i 452 Past due tax 1 453 ^ 469 Water works loan . 47' ' 472 Aiinrno.N Ai, water sipim.v 1 4S0 Water DisTRiuiniNt; system i 481 Water shed 4 4^5 Water works LOAN REKUNDiNc;. .. . i 486 BOUNDARIKS: Of city of Rochester 2 3 First ward •■••... 4 8 Second ward 4 8 Third ward 4 9 Four! h ward 4 9 Fifth ward . . 4 'O Sixth ward 4 ' o Seventh ward 4 ' ' Eighth ward 4 ' ' Ninth ward 4 '2 Tenth ward . 4 '3 522 Index White Charter Old Charter Special Laws BOUNDARIES:— Continued Sec Pac-.e. Eleventh ward 4 14 Twelfth ward 4 15 Thirteenth ward 4 15 Fourteenth ward 4 16 Fifteenth ward 4 17 Sixteenth ward 4 i S Seventeenth ward 4 19 Eighteenth ward 4 19 Nineteenth ward 4 20 Twentieth ward 4 21 Territor\- included from Irondequoit, Brighton, Gates and Greece 5 22 BRIDGES: As to construction of, see note — 43 Common council may direct repair of 146 106 Miscellaneous special acts as to CANAL and river, IN ROCHESTER — 49O BUDGET: City's share of expense in opening streets to be inserted in 34 42 How made up 96 78 Common council shall grant hearings on 96 78 To be published in minutes of common council 96 78 Amounts in, to be levied in manner provided by existing law 96 78 BUILDINGS: Worth fifty thousand dnllars not to be condemned 1 69 56 Power of council to regulate construction of. . 220 56 Scuttles and ladders on 221 57 Fire escapes on 222 58 Inspection of, as to fire protection 223 60 Commissioner of public works shall construct and repair city 109 94 Contracts not required for emergency repairs in city. ... 120 100 City engineer is superintendent of city 132 105 Custody of school, within authority city engineer, see note — 1 05 Fire department, commissioner of public safety has charge of 201 135 Health olificer has charge of ventilating, drainage, etc., of public 224 143 Removal of dangerous 277 1 52 Index 5'J3 White Charter Old Charter Special Laws CANAL: Sec. Page See l?RinGEs. CERTIFICATE : Of population, secretary of state shall file with city clerk . 2 1 Of indebtedness to con tractors, laws authorizing continued in force I47 '"^ CHARGES: Against city officials or departments, mayor may examine 46 64 Against policemen, commissioner of ])ublic safety shall hear 184 129 Against firemen, commissioner of public safety shall hear 204 135 Against members of health department, commissioner of public safety shall hear 230 145 Against school principals, board of educa- j 140J 180 tion shall hear i t4om 180 Against board of education, common council shall hear I4>c 1S2 Against police justice county court shall hear 65 268 Against city officers generally 463 318 Removals on, by common council 11 327 CHARITIES AND CORRECTION, Department of: Appointment and term of coniniissiuncr and deputy ... , . :5s Bonds of commissioner and deputy to be approved by mayor 34t> -58 Vacancy in office of commissioner filled by mayor 340 258 Powers and duties of commissioner 34 1 258 Overseer of the poor, appointment of 342 259 Bond of overseer 343 259 Powers and duties of overseer 344 259 Duties of overseer under Old Charter 79 260 CHIEF OF I IRE DEPARTMENT: Sec Prill ic S\i l.^^. I )i partmciit of CHIEF OF POLICE DEPARTMENT: See Puni.ic Sam-.tv, Department of CITIZEN : May inspect bonds lilcd with the comptroller 65 73 May file affidavit with comptroller or treasurer against illegal claim 66 73 See Taxtaykk 524 Index White Charter Old Charter Special Laws CITY : Sf.c. Page When White Charter applies to i i Classification of, see note 2 Title to school property vests in 14 id 182 Is owner of supplies furnished for relief of poor 345 259 Liability of, for support of poor not extended by White Charter 346 260 See Actions; Boundaries. CITY BOUNDARIES: See Boundaries. CITY BUILDINGS : See Buildings. CITY CLERK : Removal of, by three-fourths vote of common council . . 15 26 Appointment, powers, and duties of 15 26 May appoint a deputy and subordinates 15 26 Is commissioner of deeds 15 26 General provisions of law as to, see note — 27 Shall report to council persons elected or appointed 29 27 Shall attend meetings of council and keep record of proceedings 55 28 Shall countersign all licenses 55 28 Shall call on chief of police for officer to en- force ordinances, and report violations thereof to common council 55 28 Shall give notice of special meetings of common council . 16 29 Shall attest all ordinances 20 31 Shall present ordinances to mayor for approval 21 32 Shall keep book of ordinances 22 35 Shall add certificate of publication to record of ordinances 23 35 Shall report to council constables neglecting to give bonds 3° "7 Is secretary of the board of estimate and apportionment 96 77 Shall keep, print and distribute minutes of board of estimate 97 S4 Owner of property may file name of agent with '64 117 Jury lists shall be filed with 399 266 Shall file copies jury lists in police and municipal courts 399 266 Index White Charter Old Charter Special Laws 5*25 CITY CLERK :— Continued Shc. Is commissioner of deeds 26 Shall execute deeds for Mount Hope cem- etery lots 77 vShai.l issue licenses for dogs. ... 3 CITY COURT: See MuNicii'.M. Coirt. CITY DEBT: See Debt. CITY ENGINEER: Is commissioner of deeds 65 Is member board of estimate and apportionment 96 Is member board of contract and supply 120 Appointment of, by mayor; powers and duties of 132 Shall be civil engineer of five years experience 132 Shall appoint assistants 132 Is superintendent of public buildings, bridges, docks and wharves 132 CITY HALL: Act in rei..\tion to erection ok. . . — CITY JUDGES: See MuNiciP.M. CoiRr. CITY OFFICERS: Resignations i)f, shall b'^- made 10 common council 31 Consultations of 45 All city, to be appointed by mayor 49 Salaries of all, fixed by board of estimate 98 Members board of education shall not be. ... 140 Corporation counsel shall appear for 416 Shall not receive fees outside salarj' 452 Additional allowances shall not be made to 453 \ ->'' Shall not l)e interested in public contracts i 140 ' 455 Shall not act as election ofiicers 455 Cannot hold two offices at once 458 Charges and trials against 463 Shall have all powers and duties under existing laws . . . . 483 Who are 6 Election of. governed by election law 14 Commencement terms of office of 15 Terms and salaries of 16 Vacancies, when filled by common council ... 24 P.^GB 334 342 354 73 77 99 104 104 '05 105 349 44 63 64 86 '73 304 309 309 45 •73 309 3'o 3" 3'S 3-5 326 329 3^9 330 332 526 Index White Charter Old Charter Special Laws CITY OFFICERS:— Continued Sec. Page Shall take oath of office \ ^-^-^ ( 27 334 Neglect of, to qualify, deemed refusal to serve 28 335 Park com.missiunkrs cannot bk... ^;^ 391 CITY OF ROCHESTER : See Boundaries ; City. CITY PURCHASING AGENT : See Contract and Si i-pi-y, Board of CIVIL ACTIONS: See Actions. CIVIL SERVICE: Police appointments subject to 188 130 Police court attendant in exempt class of 398 265 Law not affected by White Charter 482 325 CLAIMS : Comptroller shall prescribe forms of 65 71 Provisions as to filing, not to apply to fixed salaries, funded debt, etc 65 71 Distributing copies of, by comptroller 65 72 Audit of, and appeals from audit 65 72 When audited, shall be filed with treasurer 65 73 Shall not be paid unless countersigned by comptroller. . . 65 73 Payment of 66 73 Citizens may file affidavit against payment of illegal 66 73 Shall not be paid until time to appeal has expired or appeal decided 66 74 For damages against city 80 88 For damages, shall state when, where and how occassioned 80 89 For damages, actions in, shall not be brought till forty days after notice 80 89 For damages, notice, of intention must be filed with coqDoration counsel within si.\ months So 89 Compromise of 420 305 For damages, to be presented to common council 461 31 1 For damages, form and contents of 461 312 For damages, actual notice of dangerous condition necessaiy 218 317 For damages, notice must be served upon mayor or corporation counsel within fifteen days, to tax costs 218 317 Index 5'27 White Charter Old Charter Special Laws CLERK: Sec. Pa(;e Uf board of contract and supply. See CoNTR.\("r .\Ni) SuPi'i.Y. Board of Of board of estimate and apportionment.- See Esn.MATE AM) Ai'i'ORTioNMENT, Board of Of commissioner of public safety. See Pum.ic S.vkkty, Department of Of common council. See City Ci.krk. Of police justice. See Poi.H'K Cut K r. COAL: Provisions of general city law as to sale and delivery <)k. in cities uk second class — j49 COMMISSIONER OF CHARITIES AND CORRECTION : See CiiAKiiTEs AND Correction, Department of COMMISSIONER OF PUBLIC SAFETY : See Pi' H Lie Safety. Department of COMMISSIONER OF PUBLIC WORKS : Sec I'l Hi.ic WoKKs, De])arinient of COMMISSIONERS OF DEEDS : President of common council, city iKik .iiul (Kputy are '5 Members of board of estimate and ;iiii)nrii.inniint are (mayor; corporation counsel ; city engineer: comptrol- ler ; ]>resident of council) ^15 Not dis(]ualilied from acting as election officers 4 SS COMMON COUNCIL I>egislative power of liiy vested in Memorandum of decisions on. ordinances of, see note. Election and salary of aldermen President of, election and salaiy Meet ings of President shall jireside over Mayor to preside over, in certain cases President pro tem of. may be chosen J 6 12 24 — 24 13 = 5 13 25 '4 26 14 26 >4 26 '4 26 >4 26 15 26 •5 26 — 27 29 27 55 28 16 29 16 29 528 Index White Charter Old Charter Special Laws COMMON COUNCIL :— Continued Sec. Page President of, may vote in case of tie on resohitions and ordinances Shall choose city clerk, and may remove by three-fourths vote {'resident, clerk and deputies of, are commissioner of deeds General provisions as to clerk of, see note City clerk shall report officers elected to .... City clerk shall attend meetings of, and keep minutes President, or majority of, may call special meetings Clerk shall ser\-e notice of special meetings of Shall determine its own rules and be judge of elections of its members Meetings of, shall be public and records open for in- spection Members of, shall not incur unauthorized expense Ordinances of, shall not be passed on day of introduction except by unanimous consent Appropriations require two thirds vote of all members of Sale or lease of city real estate, or sale of franchise require two thirds vote of all members of Proceedings in sale or lease of real estate or franchise by Ordinances of, not operative until attested by clerk, approved by mayor, or passed over veto and ]:)romul- gated -o 31 Ordinances of, certified by city clerk are prima facie evidence 44 31 Police and municipal court shall take judicial notice of ordinances of 44 32 I'resident of, shall sign all ordinances 21 32 Ordinances of, subject to mayor's veto power 21 32 Three-fourths vote of members of, necessary to override mayor's veto - ' 33 Mayor may disapprove approjiriating ordinances of, in part 21 ;^^ Procedure under Old Charti-r as to considera- tion of ordinances of, by mayor; veto power ovtr proceedings board of education 48 ;^;] Ordinances of, shall be recorded in a book by clerk 22 35 Certified copy of ordinances of, presumptive evidence . . 22 35 Violations of ordinances of, a misdemeanor 23 35 I'enalties may be provided for violations of ordinances of.. 23 35 17 29 iS 29 19 30 19 30 19 30 19 30 Index 529 White Charter Old Charter Special Laws COMMON COUNCIL:— Continued Violaiions of ordinances of, may be restrained Penalties may be prescribed by, and enforced Executive functions may be prescribed by ordinances of.. Powers and duties of officers and departments may be prescribed by ordinances of Has power to investigate city offices and departments, and shall have access to records May compel attendance of witnesses May create temporary and funded debis Vacancy in, how filled May compel attendance of absent members and jiunish or expel by three-fourths vote Legislative acts of, by yea and nay vote, to be entered in full in journal Shall designate otficial newspaper Shall not alter name or grade of street except by two- thirds vote Ordinances of, prior to January i, 1900 Minutes of, to be printed within six days after adjourn- ment and immediately distributed Minutes of, to whom distributed Minutes of, to be indexed and bound annually To make all ajipointments by viva voce vote Ordinances and bonds of, for local improvements Shall apportion city's share of expense for opening streets, etc General provisions of law as to, see notes Resignations of city officers shall be made to.. Members of, shall have a vote; mayor may be present at mtetings of Meetings, minutes and rules of Members of. not to be interested in ]>ublic contracts General powers and duties of May ]jass ordinances as to : Public peace and morality Disorderly houses, ganil>ling. ctt Intoxicating li(|uors. . . . Sports, exhibitions, etc Slaughter houses, stables, etc. . , Gunpowder, firejvorks, etc Streets, handbills, wires, etc. . . , Sbc. Hack 23 35 43 36 24 37 37 37 37 38 39 28 39 29 40 30 41 3' 41 3- 4> 3- 41 3- 41 33 4- 34 42 34 42 4 --44 3' 44 35 44 36 44 39 45 40 45 Subdiv. Page I 46 :: 46 3 46 4 46 5 47 6 47 7 47 530 Index White Charter Old Charter Special Laws COMMON COUNCIL :— Continued Slbdiv. May pass ordinances as to : Horse racing, driving, etc 8 Railroads, etc 9 Bathing i o Drunkards, beggars, etc 1 1 Pounds 12 Dogs 13 Dead carcasses, putrid meats, etc 14 Sidewalks and fences 15 Auctioneers, disturbing noises, etc 16 Infectious diseases 17 Burial of dead 18 Markets and sales 19 Public reservoirs 20 Hacks, undertakers, and pawnbrokers .... 21 Omnibuses and stages 22 Street lights 23 Peddlers 24 Duties, bonds, etc., of puljlic officers 25 Tires of wheels 27 Sealing of weights and measures 28 Canals, wharves, etc 29 Licenses by mayor 30 Stationary engineers 31 Sec. Mill-races 41 Gas light companies, mains, etc 42 Members of, shall attend meetings, act upon committees when appointed, and report to mayor subordinate officers guilty of mis- conduct and neglect of duty 50 Aldermen shall order arrest of persons viola- ting laws or ordinances 5° Shall not condemn buildings worth over fifty thousand dollars 1 69 Powers of, as to construction and inspection of buildings 220 Powers of, as to scuttles, ladders etc 221 Powers of, as to fire escapes and pi'evention of fires 222 Powers of, to inspect buildings as to protec- tion from fire 223 May compensate injured firemen 231 Pace 48 48 48 48 48 48 49 49 49 50 50 50 51 51 52 52 S3 53 53 53 54 54 54 Page. 55 55 56 56 56 56 57 58 60 61 Index 531 White Charter Old Charter Special Laws COMMON COUNCIL:— Contiiuied Sec. Page May apply penalties recovered on costs of .suits 261 61 Removal from ward vacates office of alderman. 287 61 President of, shall act as mayor when 44 63 Mayor shall communicate to, annually and from time to time 46 63 Mayor and city clerk shall report to, names of ofificers failing to give bonds 30 67 Duty of mayor to see that ordinances of, are executed 47 67 May examine sureties under oath 281 68 May administer oaths and subpoena witnesses in investigations 282 69 May prescribe penalty of comptroller's bond 62 70 Shall designate office and office hours of comptroller ... 63 71 May prescribe duties of comptroller 64 71 Comptroller shall distribute printed claims to members of.. 65 72 May appeal from audit of comptroller 65 72 Comptroller shall report examination of treasurer's books monthly to 67 74 May prescribe duties of comptroller 68 74 Shall regulate management of sinking fund 69 75 Shall prescribe penalty of bonds of treasurer and deputy 80 75 Shall designate office and office hours of treasurer 82 76 May prescribe duties of treasurer 86 77 President of, member board of estimate 96 77 Shall grant hearing on tax budget 96 78 Shall adopt tax budget and i:)rint same in minutes 96 78 Annual rejiorts to. at end of fiscal year 46 S5 Claims shall be served upon in actions for damages 80 89 Power to borrow money Si 90 Members of, shall not vote payment out of exhausted funds 81 91 Shall jirescrilje ])enalty for bonds of commissioner of public works and deputy loS 93 Shall designate time for making assessments for water rents no 96 Powers as to parks, under ^Vhite Charter 1 1 1 98 May prescribe regiilations for board of contract and supply 1 20 99 Proceedings of board of contract shall be distributed to members of 124 10^ 532 Index White Charter Old Charier Special Laws COMMON COUNCIL :— Continued Ordinances of, for street improvements May designate kind of pavement when owners fail to do so May prescribe duties commissioner public works ) Powers as to discontinuance of streets May order street improvements May order street sprinkling Existing laws as to street improvements shall apply May direct the acquiring of real estate for public im- provements May concur in purchase of lands for water works No person shall lay water pipes within city without permission of No person shall furnish water within city with- out permission of May consent to acquiring lands or easements • for water works Powers as to the construction and repair of streets, sewers, etc Powers as to removal of deposits in Genesee river Powers as to sprinkling of stieets Shall prescribe bonds of commissioner of public safety and chief of police Commissioner of public safety shall not make rules incon- sistent with ordinances of May grade police department May fix number of policemen May regulate police pension fund Duty of mayor to enforce ordinances of May pass ordinances governing police department May grade fire department May abolish offices in fire department May regulate fire department pension fund May authorize purchase of real property for fire depart- ment Powers of, as to fires May approve extraordinary health expenditures Powers of, as to sanitary regulations ; pest- house Fines collected for violation of health pro- visions of, devoted to pest-house Sec. 25 25 09 42 43 .46 [46 .46 149 :56 162 [68 168 168 174 .76 ■77 [78 .85 186 191 202 203 205 206 232 229 269 Index 533 White Charter Old Charter Special Laws 279 153 130 16S '3' 169 '3- 169 COMMON COUNCIL :— Continued Sec. Pace I'owers of, as to tilling up vaults and excava- tions 276 1 5 1 Powers of, as to removing dangerous build- ings, fences, etc 277 1 52 Powers of, as to preservation of Genesee river, canals, etc 27S 152 Ailaclunenls for violations of ordinances of, as to canals Hoard of t-ducRtion shall report annually to. . Board May prescribe duties of commissioner of charities 341 259 Shall provide rooms, stationery, etc., for municipal court 253 29S Suits for violations of ordinani es of. bow prosecuted ■ . . . 25S 301 Corporation counsel is legal adviser of 416 304 May prescribe duties of corjioration counsel 417 304 Compromise of claims shall be reported to, by corpora- tion counsel 420 305 Judgments recovered shall be rti)orted to 422 306 82 190 ^^5 '94 109 209 1 10 210 '7' 220 534 Index White Charter Old Charter Special Laws 422 306 455 309 456 SIC- 45S 311 461 312 462 318 464 319 472 324 482 324 4S3 325 21 331 24 332 COMMON COUNCIL:— Coniimied Src. Pagh May raise money by lax and direct payment of judgments, in order of recovery Members of, shall not be interested in public contracts. . May require bond of any city officer Members of, shall not hold two offices Claims for damages shall be presented in writing to, within three months Annual reports shall be transmitted by mayor to Witnesses shall not be excused ffom testifying before.. . Printed minutes of, may be distributed to tax payers. . . . Inconsistent ordinances of, repealed by White charter.. . Consistent ordinances of, continued by While charter. . . Canvass of votes by Vacancies filled by Officers appointed by, sha'l take and file oath of office 27 334 See Parks; Pubijc I.Mi'Ru\KMKNrs ; PiTBLic Market; Vote. COMPLAINTS: See Charges. COMPTROLLER : Shall audit bills of official newspapers Election, term and salary of Appointment of deputies by Vacancy in office of, filled by mayor Bond of, and deputy's, approved by mayor and recorded Office hours of (ieneral duties of Shall keep accounts with each depanment Shall not allow specific funds to be overdrawn Shall prescribe form of all claims Claiins shall be presented to Shall print and distribute claims Shall audit all claims Appeals from audit of Shall sit with board of estimate on appeals Treasurer shall sit with board of estimate on appeals from audit of Is commissioner of deeds Shall countersign bills, warrants and drafts Shall keep list of city bonds Shall cancel paid bonds 29 4' 61 70 61 70 61 70 62 70 6^, 7' 64 7' 64 7' 64 71 65 71 65 7' t'5 72 6S 72 65 72 65 72 (>s 72 65 73 f^s 73 65 73 ^'5 73 Indkx 535 White Cnarter Old Charter Special Laws COMPTROLLER:— Contiiuitrd Sk. . Pa.-k Citizens may file atifidavit with, ai^ain^i illegal claim .... 66 75 Shall not audit claims until time to appeal has expired. . 66 74 Shall examine treasurer's hooks, and report to council monthly 67 ' 74 Shall keep accounts wiiii treasurer 67 74 .Shall |)ut)lish report in book form annually 68 74 -Shall tile annual report with state comptroller 6X 74 Is custodian of all sinking funds 69 7^ Shall receive rept)rt from treasurer daiis 85 77 Is member board estimate and apportionment ... >>6 77 Shall countersign revenue bonds 1)6 Si Is member board coni ract and supjily 1 20 () of polirr clerk shall be filed with ^gS 2(1^ Sh.m.i, m.\kic .\NM'.\1. rkport \>> secretary ok state ok c1tv'> KI.N'ANCIAI. CONDITION J ^47 Set- I)KHrs; KsriM.VTE ANH .\ IM'i iKl l< >N M KN I . Hoard of CONDEMNATION PROCHEDINOS : I'.uilding.^ wmili lifiy tlioiisand dullars not to be i on denined 10.; ^6 K.xisting laws as to. continued by White (hatit-i . 141; loi) .See I'lHl.ir 1 M I'KoVKMKNTS. CONSOLIDATION Ol ACTIONS: Src .\ri I,.N>. CONSTABLES : ( ily clerk shall re])ort to council, neglect- ing to gi\ e bonds ^O 67 rolicenun have lowers of l.Si 128 As to removal of. see note — 28^ Certificate showing .service of verified com- plaint by 24^ 21)1 Powers of municipal court judges over. .... 251 294 Mondsof.. 26* ;i2.> Dutie- of (,^ ■^^^^ CONSULTATIONS: .•^ee Cl I \ ( >1 I l« I k-. 586 l.\])K\ White Charter Old Charter Special Laws CONTAGIOUS DISEASES: S.x. PArn See I'riu.ic Sakk.tv, Department of CONTRACT AND SUPPLY, Board of: Contracts of, to be executed by mayor 47 64 How constituted 1 20 99 General powers and duties of 1 20 99 All contracts over fifty dollars shall be let by i 20 99 Contracts by, unnecessary in emergency cases 1 20 100 Specifications to be printed by. and delivered to bidders on demand 1 20 1 00 < "ontracts involving erection of poles or laying pipes, etc.. shall not be awarded by, prior to franchise , 1 20 100 May reject bids if excessive 1 20 100 Purchase of supplies less than fifty dollars does not re- quire contract by 1 20 101 Contracts of. for public im]3rovements certified to assessors 1 20 101 Bids submitted to, must be based on estimates and en- dorsed with t itle of work 121 1 o r Bids shall not be received by, except at regular meetings and in conformance with niles 121 101 Opening of bids by. bidders and reporters may be present 1 22 102 Bids or surety before, cannot be withdrawn 1 22 102 Bids may be re-advertised for by 122 102 Contracts for public lighting by 123 102 Clerk of , r 24 105 City purchasing agent is clerk of. see note 10^ Minutes of, to be ke]5t. printed and distributed, indexed and bound yearly 124 1 o ? To let contracts for improvement of streets 147 107 Contracts of, for over two hundred dollars to be ap- proved by corporation counsel 417 304 Contracts of, shall not be let to city debtors 454 509 Contracts of, void if public officers are interested 455 510 To whom minutes of, distributed 472 32 3 Contracts prior to White charter shall continue 4S3 325 CONTRACTS : City officers shall not be interested in 39 45 Members board of education not to be in- terested in 140 173 City officers not to be interested in i' 455 309 Park commissioners shall n'ot be i nierestki) in 20 3s5 Indkx o8, NX'hite Charter Old Charter Special Laws CONTRACTS: -Cnntiiuifd Si-x. Pa<.i; I'l i;i.l<- MAKKKI ((IMMISSIUNKKS SIIAII. N(ll- HK INTKRKSTF.H IN... 6 4O9 See Co.NlKACT AM) Sril'I.V. H(i;M(I of CORONER : Police lo sL-i\e subpuuiias and wanant.s of iS:; 12.S CORPORATION: See City. CORPORATION COUNSEL: City clerk shall re])ort \iolations of ordi- nances to ; ; jS May a])peal from audit of conii)troller o; -j l.s commissioner of deeds (>:; - ^ Is member of board of estimate and apportionment .... m(' 77 Notice of intention to sue must be served on. in damage suits So Si; Shall assist in conducting negotiations for purchase of park lands i 1 i (>S Is member of board of contract and supply i jo <><) May maintain actions to restrain \ iolations of ordinances or to abate nuisances 22S 144 Suiis upon ordinances shall bf under direc- tion of Shall be appointed by mayor Shall ajipoint assistants Salaries of, and of assistants, (i.xecl by board of estimate May receive costs to his own use Costs recovered liy, in street openings, to be paid to treasurer liond of. to be api)ro\eil bv mayor Is legal adviser of common council Shall ajjpear for all officers, boards and departments. . . Shall ajjprove all contracts of over two hundred dollars. . .Shall attend to ail law business of the city .Shall discharge such duties as common council mav prescribe Costs and allowances of . Salary of corporation counsel ot Rochester, see note Money collected by. to be jjaici to city treasurer Shall tile inventory annually with mayor May compromise claims with ap])roval of bo.uu it estimate .Shall report to common council compromise of claims .. -'.v'! .^01 4'.> .503 41;^ .1O3 4N 30.1 414 30.? 414 .10;, 4' 5 304 416 304 416 304 417 304 t'7 ;>o4 4'7 .>04 4iS 304 305 410 305 4><> 305 42. 420 .>03 r)3S Inhkx White Charter Old Charter Special Laws CORPORATION COUNSEL :-^C..iuinut(l Sw. Ha.;i May employ counsel with consent of mayor 421 ^yO>, Shall report to common council judgments rtcovered ai^ainsi city 4-- .1O'' Shall be served witli notice within ril'teen days in damage suits, to tax costs JiS 317 Shall ha\ f notice of a]5plications ff)r reduction of assess- mtiUs 466 320 COSTS: ( )n appeals from orders of health officer 222 142 Of ])ublication of notices for sale of land for unpaid taxes 313 iSS Double for defendant in suits against officers 2S4 302 Uf street openings, to be paid to city treasurer 114 303 Of corporation counsel 41''^ 304 in damage suits, shall not be taxed unless notice served on corporation counsel within fifteen days 2 1 S 317 See Actions; MrMiii'Ai. CnrKi-; Poi.kk CotRT. COUNSEL: See (nKl'oRArioN ColNSKl.. DAMAGES: See Aci'ioNs. DEBTS: Creation of temporary and funded 2'> 3S Funded, shall l)e paid in twenty equal annual payments . 2U ^S Municipal law shall govern creation of 20 3S Creation of, is limited 96 Si Money may be borrowed in anticipation of taxes 96 Si As t•!'.♦ White Charter Old Charter Special Laws DEPARTMENTS UNDER WHITE CHARTER: I)K.r.\KIMKN I 1)1 l,i:(;i.-.l,A 1 lUN DKI'AR TMKN'r '>1' l IIK KXKCITIVK 1>KI'\K TMKN'r (11 FiNA.NCK Dki'akimkn'i- or I'risi.ic WtJKKs Dki'ART.men'I' ok I'riii.K Sakk.tv DEI'AKIMKNT o) I'l lil.K INSIRICTION DErARTMKN I Ol ASSESSMEN T AND TAXATION I)EI>\KT.ME.Nr ol ClIARiriES AND CoRRE( I ION Department oi- itie Ii dk iakv Dktak iMKN 1 ol- Law Ski. Pali; — 24 — 62 — 70 — 9.» — 125 — ■57 — .84 — 25S — 262 DEPOSITORIES: See H\\K>-. DESCRIPTION : ( )f l;iiul for i)iiii)(),-es of a.-scssineni J''-' 1.S5 See AssK.ssMKN r wn Twvtion. DESKiNATION: ( )f L-xeciilivf (If ;t(lmiiiis!rati\f fimctioiis hy loiiiniDii louiicil cii niavor -^^ 1 ',7 DISMISSAL: St t (11 \K(;es. DISTRICT ATTORNEY: I'olire shall suixc pnx cns. bench wanants. etc., at ie(|ui-sl I (f I Sj I 2S Duly to prosecute aldeinien, on complaint of ta.xpayer, for voting money out of e.xhausted funds Si ()| Chief of police shall detail one officer for subdiv. i; — 1 33 I'olicenien shall serve wanants at request of subdiv. (^ — 133 DISTRICr PHYSICIANS: Src I'l HI, M S\IKI\. 1 )i parlinclil >'f DO(JS : .\(I TO l'Ro\Il>K lOR I.HKNS1N<; oK. IN I riTES »>K SECoNM CI ASS — 353 DOW LO\S : Sfe S( llool 1 \\\ ol Ko( IIISIKK. DRAINS: Sc^ I'l l!i K S\1KI\. I)ei)artincnt of 540 Indkx White Charter Old Charter Special Laws ELECTIONS: sk. Pa<;. Citv otticeis eleitt-d and ap])oinled 6 326 MeiTKjrandum on Opening and closing of ]30ils Election law shall govern Commencement of terms of office Terms of office and salaries Vacancies, how voted for (Qualifications of voters Canvass of votes at elections Canvass of votes by common council When common' council shall elect Vacancies filled by special Vacancies filled by common council Special Expenses a city chari>e ELECTRIC LIGHTS: Shall be supplied by contract See Contract and Sitppi.v. Hoard of — J-/ '3 32S 14 3-') 15 329 16 330 iS 330 i') 330 20 330 21 331 22 33^ -3 33^ ^4 33- -5 33- 32 33S 2 2<) EMERGENCY : In case of, bids need not be advertised for 1 20 lOO In case of, health department may exceed approjiriation 06 Si See Contract and SiPf'i.v, Board of; I'rBi.ir S\k[:iv. Department of EPIDEMIC: Commissioner of jniblic safely may exceed appropriation to su])press 96 Si Shall be deemed to exist when commissioner and board of estimate by unanimous vote determine See Pi'Bi.ic Safety, Department of ERRORS IN ASSESSMENTS: See AssKssMEN'i' and Taxaiion. ESTIMATE AND APPORTIONMENT, Board of : Shall prescribe number of subordinates for city clerk . . . Shall approve sale of franchises or city lands Shall approve funded debts by affirmative vote (jf four members Shall advise with common council in regard lo optning streets, etc Shall fix proportion city's share in expense of opening streets, etc '• ':> 20 19 30 26 38 34 42 34 42 Index 541 White Charter Old Charter Special Laws ESTIMATE AND APPORTIONMENT, Board of :— ( oiuiimed Si:(. Page Shall hear appeals from audit of coniptnjllfi and make rules for same 65 72 Authority of, to examine witnesses 65 72 Shall prescribe rules for management of sinking funds. . 69 75 How constituted 96 77 City clerk to be secretary of 96 77 Meetings of 96 77 When treasurer sits as member of ()6 77 Shall make estimates for tax levy, and submit to council within sixty days after fiscal year 96 78 City clerk shall keep the minutes of 97 S4 All votes of, to be viva voce and recorded 97 84 Minutes of, to be printed within six days and distributed 97 84 Shall fix salaries of all city officers and employees 98 86 Shall approve water rates established by commissioner of public works 110 96 Shall fix wages for laborers in parks 111 ((8 Shall prescribe number of subordinates for city engineer 1 32 lo^ Shall approve increase in number of ])olicenien 177 126 Shall ajjjjrove rules governing police pension fund 18^ 1 :;o Shall ap])rove rules governing fire department pension fund 20:^ 1 36 Shall approve ajJiJointment and salaries deputy health officers 223 14;, Shall approve salaries district physicians 227 144 May vote extraordinary expenditure in case of pestilence 220 14; Shall prescribe number of assistants for assessors 260 184 Shall appoint person in jjlace of interested assessor 300 187 Shall prescribe number of assistants for commissioner of charities ^y, 2^t\ Shall prescribe assistants for overseer of the poor 342 2^1) Shall prescribe number of assistants for police justice . . 398 265 Shall approve bonds of police clerks 398 2^)^ Shall prescribe n\iniber of subordinates for corporatii>n '"""'^t'' 4 '4 .W .Shall tix salary of corporation counsel and assistants ... 414 p> Shall approve compromise of claims against city 420 30^ Shall approve < PEN.SION MONEY OK POLICEMEN IS EXEMIM' l-KOM ID 4O3 See Actions. EXECUTIVE POWER: Common council or mayor may prescribe 24 37 Vested in mavor and executive officers created by law.. . 42 62 EXPELLING: Member of common council 27 y) FEES: In addition to salary, not to be recei\ed by city officers 452 301; See (■oKi'iiKATioN Counsel. FENCES: See Hi ii.iilN<;s. FINANCE: See ('oMl'TKOI.LER ; KsTIMATE AND A ITOK f ION M EN I, Hoard of ; Tkeasi rek. FINES: Mav be imposed for violations of ordinances 2;] }^ As penalties for violations of ordinances .... 43 36 Uf members of police department 1 S4 1 2i> Of meml)ers of the fire department -. 204 136 ( )f members of the health department 230 145 lmi)osed bv police justice belong to the city. 65 267 FIRE DEPARTMENT: See I'll'.Lic .Sai-ETV, 1 lejxirtnient of India 548 White Charter Old Charter Special Laws FIRE DEPARTMENT PENSION FUND: Six. Pa., Sff I'l lii.ic Saiki'n. 1 )t.-partment of FIRE ESCAPES: Sic 15ri i,i>i Ncs. FIRE MARSHAL: ( '()ninns>ionf r of public safety ^^luill ajjpoinl 232 135 Powers of coniniissionerancl fin- niarslial oxer buildings. . 233 155 .\s ti) ))o\vers aiul cliiti( s of fire marshal, see notes — I t5 Powers antl duties of fire marshal under old charter 229 1 56 FISCAL YEAR: Jie^ins January 1 st 97 84 HeL;ins January 1 st 46 85 Reports and cslimalis at bei^inning of 46 S5 FRANCHISE: Salt- of n; 30 Siiall not be granted or o])eralive for a period longer than fifty years 19 50 When necessary, in case of letting contracts involving poles, wires or ])ipes 120 ico For laying down water ]^i]ies in streets and distributing water 1 ;- 112 FUNDED DEBT: Sec Dl-llf. UENESEE RIVER: Removal of de])osits in subdiw 3 — i 22 Powers of Common council as to prestrva- t ion of 27S I 52 ACT,\S in PRKVKNrioN UK K1.0(M).S I.N 367 Act .\s ro ikkdek — 369 Is A I'l lil.lC IIICIIWAV IN I'ART. see note — 370 HEALTH, Board of: See Pi 1(1,1 (■ .^Al ir\. hepaitmeiit of HEALTH DEPARTMENT: See PiM'.i.K Saiiin. Mi-partincnt of HEAL I H DISTRICTS: Sec Priii.u .^All•.l^. I )t p.iiiment of HEALIH OFFICER: .Sfc I'l liiii Sam- IN. Itcpanmeiit of HKJHWAV COMMISSIONER: Sec Pi i;i.i( Wmkk-.. Dcp.uimeni of 544 Indkx White Charter Old Charter Special Laws INHABITANT: - iso Stf 'Tax I'.WKK. INJUNCTION : City may restrain violation of ordinance :: , 35 Commissioner of public safety may restrain nuisances.. . 2jS 144 INVENTORY: Of hooks, etc., to be filed by corpoiation counsel an- nually 4"v 3°5 INVESTIGATION : Of citv officers and departments by common council .... 25 37 Hy common council or committees 2S2 (n) Of board of education by common council. . . 141c 1S2 JOURNAL: See MiN I TKS. JUDGE: vSee Mi'Mci i'.\i. Coi kt; roi.icK ('oiR'r. JUDGMENTS: Against city to be included in tax levy 4-- 3°^ To be reported by corporation counsel to common council. 422 306 -May be satisfied in order of recovery 4-- 3°^ Against contractor and smeties 4'^5 3-° See Actions; Minuii-a]. Coir r; Police Cockt. JUDICIARY, Department of: See Ml \ icii'Ai, Col Kf : I'ol.icK Coi km;. JURY AND JURORS: See MiMcii'Ai. Coikl ; 1'olick Cocnr. JUSTICE : See Mi'Nicii'Ai. CorRP; I'oi.icK Coi R r. LAW DEPARTMENT: See CoKl'OKArioN Coi NSKI,. LEASE : Of citv property, by two-thirds vote conmion couiu:il ... iv 30 LEGISLATIVE POWER: See Common Cot'NCii,. LIABILITY : See AciioNs. Sr-r. P.\<.i; 55 2S — 54 ^ 354 Indkx 54") White Charter Old Charter Special Laws LICENSES: Shall be counttrsigiitjil l)y city clerk Mayor may issue, when authorized by com- mon council subdiv. 30 Doc, SHALL BK SlCNK.l) HV NLWOK'S CLKRK AM) ISSUED 15V CITY CLERK. See Common Coitnctl. LIEN: Vitr repairini; or cleaninj; of sidewalks or streets 109 94 For water rents no 97 See Assessment and Twaikin. LIGHTING: See CoNTRAtrr and Sipi'Lv. I'xiard of LOCAL ASSESSMENTS: See I'l i;ii<' I M I'KoNKMEN'rs. LOCAL IMPROVEMENTS: See I'lllLlC I MI'K()\ KMENTS. MAPS: Of subdivisions of lands must be tiled with assessors jS() 2^6 AlARKET: See I'l lU.K M \K K Kl . MAYOR: May ])rt.side over meetings of council in absence of president 14 2C1 Licenses granted l)v. shall be countersigned by city clerk 55 :;S Ordinances not operative until appro\eil bv. or passed over veto of 20 31 May declare ordinances immediately liy pnu lamation . . . 20 31 Ordinances subject to veto power of 21 32 I'rocedure as to consideration of veto by common council 21 y} Veto power over board of education (S 33 Shall designate functions of city otiicers 24 37 Shall receive printed minutes common comuil 32 41 Is entitled to be present at all meetings of common council 35 11 May issue licenses aulhoii/ed by common council subdiv. 30 — 54 .\ldermen shall rei^ort to. otticeis guilty of misconduct or neglect of dutv ^o 56 Six. PA(ii-: 4- 62 4- 62 43 62 44 62 45 '''J ;J4»1 Inhkn White Charter Old Charter Special Laws MAYOR:— Continufd Election ol I'^xeciitive ])i)\Vfr of city vested in Term and salary of In absence of, i^resident of council shall act Shall advise with heads of de])artnients Shall see that ofificers discharge iheir chiiies and main tain the pnhlic peace 46 6] Siiall send messages annually and from time to time to council May call special meeting of common council Shall examine complaints against city officers Shall sign public de'.'ds and contracts Is custodian of city seal May in\ ustigate departments and api)oint ixi)erts therefor May administer oaths to wi'iiesses and lake atitida\ its. . . Shall aj)i)oint city otticers I'^xisting powers and duties of, continued by While Charter Shall a])point his own assistants Ceneral jirovisions of law as to, see note Siiall report to common council ofHcers not giving bonds (reneral powers and duties of ( ifficial bonds shall be filed with Shall examine sureties on bonds under oath. . Mav administer oaths and subptena witnesses in investigations l-'alse swearing before, perjury Shall (ill \a(.ani y in office of comptroller .Shall approve bond of com]>lroller and deputy May appeal from audit of com])troller Shall fill vacancy in office of treasurer Shall approve Ixinds of treasurer and deputy Is president board estimate and a])|)c)rlionmtnt Shall sign revenue bonds .Shall receive annual estimates from departments Kormerlv signed financial statement of city affairs 46 ^^S Shall appoint, and may remove, commissioner of pulilic works 1 07 93 .Shall approNe bonds of commissioner of public works and deputy I O.S 7 49 ()S 2.S1 6S 2S2 (x^ -^^3 6<) 61 70 62 70 '); 7- 79 75 So 75 ,/, 77 96 Si 97 S4 Ski. PA..K I 20 100 '3- 104 174 '-5 '74 '-5 174 '-5 l.M.KX •'>47 White Charter Old Charter Special Laws MAYOR : — Coiuimied Shall cenify t^incigency bills Shall appoint and may remove city engineer Shall appoint and may remove commissioner of ])iiblic safety Shall till vacancy in ottice of commissioner of public safety within ten days Shall appnne bonds comniisNioncr of public safely and chief of police Shall have access at all times to records of commissioner public safety '75 lias power to control and direct police department 1S6 In case of riot, may appoint special policemen iS*') Chief of police and |)olicemen shall obey all orders of Common couni 11 in:iv ]iresi:ribe duties ot. ai tires May remove members of board of education on charges Shall till vacancy in^olitice of assessor Shall annex hand and seal to assessment rolls Shall execute ceriiticate of failure to redeem lands sold for taxes Shall give lease of lands sold for taxes Shall appoint and may remove commissioner of charities and correction .vV -5'*^ Shall approve bonds of commissioner of charities and correction and depul y .i40 -S^ Shall till vacancy in ofiice c.f police justice X'l- -'''^ Shall till vacancy in office of judge of the municijjal court -44 -•'^- In actions against, no security rec|uired on adjournments 01 apj>eals Costs double for. when successful in actions. Shall ajjpoint and may remove corporation counsel .... Shall approve bond of cotporation counsel 4 < 5 Corporation counsel shall tile annual invenl<»ry with. . May give written consent for the employment of counsel bv corpoiation counsel May appoint sealer of weights and measures, wh- n Shall not be interested in public contract- Shall hold no other city office Shall not contract unauthorized debts 70 '.>4 -','.- '3M '-4 > 2(K> 1S4 Si. "'5 104 .-04 loS :;oS -y) .>o' .'S4 302 4";> .'>03 415 .'>04 410 305 4-' .505 n- 30S »55 30^) t5-^ 3>' 548 Indkx White Charter Old Charter Special Laws MAYOR: — Continued Sf,< . I'a..i. Notice of claim for damages shall be served upon, within fifteen days or costs shall not he taxed 2 iS 3 1 7 Heads of departments shall present annual reports to . . . 462 31S Departments shall furnish information at any time to. . . 462 31S Declared city officer by Old Charter 6 326 Shall take and file oath of office 26 ;^23 Shall appoint commissioners of Mt. Hope cemetery, see note — 337 Shall execute deeds for Mt. Hope cemetery lots 77 3A~ Shall >[akk .wnual report ro SECRKTARY OF STATK OF CITY'S financial condition 2 347 Shall designatk puhlic scales \ I Si 1S0 for weighin(; coai i^' ^i, I '57 ji- Clerk of, shall sic.n doc ll censes 3 354 May authorize in wriiinc; any person to seize dogs S 355 May prohibit dogs from runnin(; at large unless muzzled II 355 May make contract with hu- mane society as t(j do(;s 14 356 Is president of fire dei'ar tmen r pension Fl'ND TRUSTEES 1 362 May CONSENT to five hundred dollars heing appropriated annually for memorl\l day... i 37o Shall appoint examiners in mid- wifery I 37 ' Mav revoke midwife licenses... 5 373 May .\Pi'oiNT PARK c:o.MMissioNERs 1 377 Shall sign park honds 15 ;'^^;i Is PRESIDENl' OF POLICE PENSION Fr'ND TRUSTEES 1 399 Shall appoint market commis- sioners I 40<'> May offer rewards for ai'pre- HENSION OV criminals 1 413 MAYOR'S CLERK: Shall sign dog licenses 3 354 Indkx 549 White Charter Old Charter Special Laws MEMORIAL DAY: S.:c. Pac;i: Act ro pruvidk for prupkk observ- ance OF, IN Rochester — 370 Act to enable veterans to par- iicii'ate in exercises of 370 MIDWIFERY: Ari RK(u i.AiiNc;. in Rochester... — 371 MILL=RACES: A.sstssments for 41 55 MINUTES: Set RkcoKU. MISCELLANEOUS ACTS : As TO KI\EK AND CANAL IIRIDCKS. K\r 4'^7 MISDEMEANOR: To violate ctjiiimon council ordinances -3 35 To use other name than own in presenting claim to city . 66 73 For ofificer. hoard or department to make contract in excess of appropriation 96 82 To vote payments out of exhausted funds. . . Si gi To interfere with the water works property. . 159 113 To tap water pipes or let water ran 160 114 Kor memher of board of education to be interested in public contracts or vote for payment of such bills 1 40 1 74 To -sell lands before map of subdivision filed with assessors -So 256 To sell or exchange supplies furnished by overseer of the poor 345 -59 Exclusive jurisdiction of police justice over certain 394 263 Public intoxication is, see note — -63 hnisdiction of police justice over certain 21)5 264 Jurisdiction of police justice over, under Old Charter 265 275 For mayor and fiscal officers to FAIL to make annual REPORT TO SECRETARY OF STATE 2 348 FrACU in WEIGIIINC COAL IS 1 5S 352 ( 5 .>54 To VIOLA rK HOC. LAW .12 356 ' 15 .>57 For violation oi-'laws as to mid- wifery MONROE COUNIY: Will pay e.xpense nf |)unishing offenclt-rs against stale law 71 1 34 MONROE COUNTY PENITENTIARY : Persons convicted of dninkeiniess siiall l)e committed to, see note — 263 Persons convicted of crime sliall he con- fined in 264 274 Act 10 I'ROXIDK I'OK M.VINTKNANCK OF 1'RIS(jm-:rs sen r to — 373 Acr IN REi.AiioN I'o Monroe cot ni'V WoKKHorsE — :;75 MOUNT HOPE CEMETERY: Accjuiring lands for 1 So 230 (lovernnient of 73 337 Duties of commissioners 74 337 I'ower of commissioners to pass ordinances. . 74 33S Mt. Hope cemetery fund, how applied 7t 33S Treasurer shall invest cemetery moneys 76 341 Deeds of cemetery lots; compensation of commi.ssioners; devises 77 341 Cemetery property exem]:)t from la.xes and assessments 2 1 1) 342 See notes as to cemeteries — 343 MUNICIPAL COURT: Judges shall take judicial notice of ordinances. 44 32 A court of record with powers of supreme court for foreclosure of equity of redemp- tion of lands sold for ta.xes 104 205 Judges shall sit in absence of ])olice justice. . 377 262 Has jurisdiction of all suits brounhi for \ io- lations of ordinances 265 277 Execution of criminal warrants of 266 278 As to organization, rules and powers of, see note — 280 Name ai»d powers of 241 28 1 Process served anywhere in Monif>e i ouui v.. 241 281 White Charter Old Charter Special Laws MUNICIPAL COURT :— Continued Shc. Fa..k Judges, oath of office of 242 2S1 Election and term of judges of 243 2S2 Vacancies in olifice of judge of, how tilled. . . 244 2S2 Each judge of, may hold separate court 24s 2S2 Shall be open each day, Sundays and holidays excepted 245 282 Siilxliv. I'age Has jurisdiction as follows: Of justice of the peace of towns 1 282 In actions on contracts not in excess fifteen hundred dollars 2 28 3 .-\ccounts where total not in excess fifteen hundred dollars 3 283 .\ctions for damages where amount de- manded not in excess fifteen hundred dollars 4 28 3 .Action for penalty where amount demanded not in exces.s fifteen hundred dollars. ... 3 283 Ai lions on bonds where amount demanded not in excess fifteen hundred dollars .... 6 2>>t; .\clion on surety bonds where amount de- manded not in excess fifteen hundred dollars 7 284 .\ction on judgments where such action not prohibited by code 8 284 judgment by confession wliere amoimt not in excess fifteen hundred dollars i) 284 Actions for damages for fraud where amount demanded not in excess fifteen hundred dollars 10 284 Attachments of property where amount de- manded not in excess fifteen hundred dollars 11 2S4 Actions to recover possession persijnal property where amount deinanded not in excess fifteen hundred dollars 12 285 Sutnmary proceedings to recover possession real property 13 285 Enforcements of mechanics' liens 14 285 As to bastardy jjroceedings ; removal of constables ; solemnization of marriage, see note — 28; 552 IM'KX White Charter Old Charter Special Laws MUNICIPAL COURT:— Continued s.-.. Pa<;i.: Process shall be signed by judge or clerk .... 246 286 Either judge of, may hold court 246 286 I'rocess, pleadings and practice in, same as jus- tice's court, except as otherwise jirovided. . 246 286 Hail on adjournmenls in. not to exceed five hundred dollars 246 286 .\ppeals from, to Monroe county court same as from justice's court 246 2S6 Shall not have cognizance where title of real property is in question 246 286 Clerk shall give transcript of judgment on demand 246 2S6 Judgment docketed with Monroe county clerk becomes judgment county court 246 287 C'ertified transcript of judgment of, may be filed in any county 246 287 Judgments of, less than twenty-five dollars not lien on real property 246 287 Pleadings in 246 287 Pleadings in, may be oral or in writing 246 287 In defaults in, defendant must prove case. . . 246 287 Tn actions in, for payment of money only delivery of accounts sufficient 246 288 On trials in, variance between proof and allegations immaterial 246 288 Pleadings in, may be amended on trial 246 288 May require costs, as condititjn of amend- ment 246 288 Executions of, may be issued any time within five years after rendition of judgment 246 288 Executions of, shall be returned within sixty days after date 246 288 When transcript of judgment of, tiled, county clerk shall issue execution to sheriff 246 288 At joining of issue in, may require statement of account or cause of action 246 288 Defendant may make offer of judgment in. . 246 288 Plaintiff shall accept or reject offer of judg- ment in 246 281) Plaintiff shall not recover costs upon judg- ment for less than offer in 246 28() Code of civil {procedure shall govern jjractice in 246 289 White Charter Old Charter Special Laws MUNICIPAL COURT:— ContilUKil Ski. P.<..i; Certificate of judj^e or clerk of. shall he received as evidence 246 2S9 Judges of, may charge a jury and direct verdict 246 2X9 Verified com])!aint in, how subscribed and served 247 290 Answer to verified complaint in 24S 290 judgment on default to verified complaint in. entered without proof 249 290 Atfidavit of service of verified complaint in. by other than constable 241; 291 Certificate of service of verified complaint in, by constable 249 29 1 Pleadings in. shall be subscribed by party or attorney 241) 2<;i Attoniey verifying pleadings in. must be admitted to practice in supreme court .... 249 -^M Action on docketed judgment of, may be in stituted within twenty years 241^ 291 Costs and fees to plaintiff and defendant in . . 250 291 Siilxliv. Page Trial fees not allowed prevailing ])arty in. unless appearing by attorney or clerk of attorney 12 293 Defendant entitled to full costs on non suits in. 1 2 293 City shall charge and collei I fee-- in. a> ]ir')vuled bv la\^ . 1 , 293 See. Page Issuing criminal wanants in ; i)ower over con- stables ; coiiiempt 25 1 294 Clerk and stenographers of; powers and duties 252 294 Fees shall be pre|)aid in ; monthly return 10 treasurer '. . 253 297 Salary of judges, clerk and stenographers of.. 25 t -97 C"ommon council shall provide riM.m>. -station ery, etc.. for 255 29'S Justice of peace abolished 250 29S Judgments of, to be rendered within ten days ; opening defaults in; appeals from such orders 257 298 Suits upon ordinances in 258 301 No security required by city on adjournments or appeals 259 301 Costs double for tlefendanl in suits agains, officers 2S4 302 554 I.NDK.X White Charter Old Charter Special Laws NEWSPAPERS : Ordinances imposing penalties sliall be ])ul)lislied in ... . Designation of official Refusal of official, to print notices Reporters of, may be present at opening of l)ids NOTICE: \eiitied, of claim for damages must be served stating when, where and how ( )f intention to sue must be filed with cor- poration counsel To repair sidewalk, to be served on owner of property.. . Of hearing on water rates, to be published Of discontinuance of street, to be published In actions for damages, shall be served on commissioner of public works In actions ful)lished tiiree times per week for two weeks 20 May become operative immediately by mayor's procla- mation 20 Prima facie evidence, wiien 44 Police justice and judges of municipal court shall take judicial notice of 44 Shall be signed by ])resident of council 21 Subject to mayor's veto power 21 Three-fourth's vote of council neces^ary to override mayor's veto of 21 Mayor may veto part of 21 Of board of education, subject i<> veto powti of mayor Shall be recorded by city clerk in book Certified copy of. presumptive evidence Violations of, a misdemeanor Council may jjrovide tines and penalties for violations of Penalties may be prescribed for violations of. Kxecutive or administrative functions may i)e tixeil b\ . . Duties of city officials may be fi.\ed by Temporary and funded debts may be created l'\ All legislative acts shall be by ^'ea and nay vote on. shall be recorded Passed prior to January 1. kjoo, to give effect to White Charter Not to be passed interfering with certain functions Application of penaltie> recovered for viola- tions of 261 4^ 34 -- 35 -3 35 -.1 35 -;> 35 43 M' .1/ 37 2(1 3-^ zS 3'' _',S 40 3' 4' .",1 4" 55(j Indkx ^'hite Charter Old Charter Special Laws ORDINANCES :— Continued Sk( . Pa... Duty of policemen to enforce suhtliv. lo — i j;4 Chief of police shall detail policeman to enforce suhdiv. lo — 1 34 Actions inav be maintained lo restrain violations of .... 22cS 144 Hoard of education may enact subdiv. S — 167 Hoard of education shall report to council for passage, relating to school property i 1 1 1 Si Council shall pass, for protection of school property 141a i51 White Charter Old Charter Special Laws PERJURY: False stateniL-ni before officer or committee is Fai..sp: swEARiNt; as to kire dkpaki mknt i'knsion fund ma'iters is. . False swearing as to I'oi.ick pen- SroN Ft'NII MAT'rERS IS PEST=HOUSE : See Pi lujc S\i i:t\'. DepanmeiU of Siu . Ha..i- -^S.i 69 ') 366 ' 1 405 PESTILENCE: See Epidkm ic. POLES : See TEi.KdRAi'ii AMI Tki-ki'IIonk I'olks ami Wires. POLICE, Chief of: See I'lKiK Saiki'v. Deparinieiit of POLICE COURT: Police justice siiall lake judicial notice of ordinances Judge of the municipal court mav act as police justice. . Creation of Police justice, term and salary \'acancy in office of police justice filled bv mayor (^)ualifications of police justice Exclusive jurisdiction of police justice Jurisdiction over public inlo.\ication. see note Police justice may sentence for one year or tine for five hundred dollars, or both, see note Jurisdiction of police justice Jurisdiction of, over bastardy proceedings Office hours of police justice I'olice clerks, powers and duties Bonds of police clerks Police Court attendant . . . Jury lists in Jury trial may be had in Jurv trials in Pav of jurors in 'rtrm of certain police justices 1 )uties of police clerk Removal of jjolice justice by count v court . . Police dockets ojjen for inspvction Sale of unclaimed articles by police clerk. . . Stolen property shall be deliveied to owner by police clerk 6.S 2(^1 44 3- 33" 262 390 262 39' 262 39- -'63 393 -^^'3 394 -^>3 — -'6^ — -"4 395 2(M 396 -'"4 397 J64 ;,.).S j6.) 39S j6^ 39S -r> 40.' -'67 403 -'67 <'^S 267 <>5 2(1: 66 J(>S '''7 .^6., White Charter Old Charter Special Laws POLICH COURT :— Continued Si«-. 1>a,.k When stolen properly to l)e held as evidence 6<; 270 Appeals from police court judgments ; return and offer on apj^eals ; costs 260 270 Vagrants defined ; how i)unished 262 272 Disorderly persons defined: punishment; payments to overseer of the poor for suj) port of family : inidertaking; suits 26'5 27 5 Convicltd ])ersons in. shall be confined in Monroe county penitentiary 264 274 Jurisdiction of ])olice justice under Old Charter; stenographer; trials 265 275 Execution of criminal warrants of 266 27S Absence of |io]ice justice, how noted 267 27S POLICE DEPARTMENT: See I'lMtiic Sakktv, Departiiieiii of POLICE FORCE: See Pt:iu.ic Sakici'V. I )ei)arl nieiit of POLICE PENSION FUND : See }'i lii.ic Sai'ki ^. I)e))arlnient of POLICE SURGEON : Does not have ])ower of police in criminal matters iSi 127 Cp:rtificate df. nkcessarv kok (;rantin(; I'Knsions lo kiremkn. 6 y>^ Certificate of, necessary F(^r cKAN I im; pensions 10 policemen 6 404 POLL CLERKS : See l^l.KCTIONS. POOR: See CiiAKiTiKs ANii Corkkction, Department of POWERS: K.xisting, of mayor, continued by tlie White Charter. ... ^o 64 Existing, of officers and departments, continued by White Charter 4S] 325 PRESIDENT OF BOARD OF ESTIMATE: .See Mas (JR. PRESIDENT OF COMMON COUNCIL : Election and salary of 15 25 Shall preside over meetings of the common council. ... 14 26 Duties of, inav be prescribed bv common council 14 2'> Indkx 559 White Charter Old Charter Special Laws PRESIDENT OR COMMON COUNCIL : — C()iitimied Vacancy in office of, tilled by common council May vote on resolutions and ordinances in case of tie.. Is c<)nunis--ioner of deeds May call special meetinjjs of conmion council Shall sif^n all ordinances Cannot vote on designaiion of official newspaper, sec note Shall act as mayor, when When acting as mayor, .shall not approve ordinances or make appointments within thirty days Is member board of tstimaie and a])i)ortionment PROCEEDINGS : Stc Ai iHiNs: .\ssKssNtK.N r .\Ni) T.\x.\rii>N; I't Ki.ic I Ml'KoVi: MKNTS. PROCLAM.\TIONS: l')V the mavor, shall be posted in five ]>ublic jjlaces Si:( . Ha..i: '4 26 "4 26 '5 65 26 73 16 20 PUBLICATION : See Nkwsi'AI'KKS: Nuiick. PUBLIC BUILDINGS: Stc Hi ii.|)Im;>. PUBLIC CONTRACTS : See CuNiKAci AMI St I'i'i.v. I>iiard of PUBLIC HEALTH: See I'ri'.i.n S\ii.i\. I )t_-ii.in nicnt nt PUBLIC IMPROVEMENTS: Common council may order. Upon |)etition (Ordinances for Ac(|uisilion of lands for Comnmn louncil mav order tnndemnation of lands for Ap|)lication for appointment of com- missioners of appraisal in .Appointment 1 mull niiu --3 176 226 '77 --7 17S 22S "7-; 22i( iSo 2',0 5 GO I.NDKX White Charter Old Charter Special Laws PUBLIC IMPROVEMENTS :— rontimiecl Six. Pa,.k t^ouiist'l may l)oriow money lo l>ay damages for I Si 2^,2 When title of lands taken for, vested in city . 1-S2 232 Appeal from report of commissioners for. . . . 1S3 233 Proceedings stayed by appeal 1S4 2 7,;'^ County clerk shall certify report of commis- sioners to supreme court 1S3 2^^^ Appeals, where and how heard 1S6 234 Preference of appeals 1 Sy 234 Appeal from order of special term 1S8 234 Costs on appeal ; sureties 18c; 235 Assessments for damages \')0 235 Assessment roll 1 Qi 236 Council shall fix time lo hear allegations .... 192 236 Hearing allegations i<~)^ 237 Assessments, how collected i<)4 237 Damages paid, wiicn and how 195 237 When city entitled to possession 196 23S Appointment of guardian for infant 197 23S Exjjense of iinprovement, how paid 1 0- Construction of sidewalks and ]>avemfcnts ... 216 254 ExjJenses for widening streets 217 254 In'dkx 561 White Charter Old Charter Special Laws PUBLIC INSTRUCTION, Department of : s,, . Pa.k }'rnvisions as to prest-nlaiion of claims not to ai)])ly in hilK of ^>5 72 Existing provisions of While Charter a^; to ... . §§ 240-247 157-161 Existing provisions of White Charter as to. not to apply to the cities of Rochester and Syracuse — 160 As to Consolidated School Law. etc., see note — 161 See ScHooi. L.wv ok Rociiksikk. PUBLIC MARKET: Act Ai riioKiziNi; coNsrKrcrioN AN'D M AINTKNANCK OF 406 PUBLIC OFFICERS: See ("iTV OiTicF.Rs. PUBLIC SAFETY, Department of : Storage of niin]io\\der. tirtworl- s, etc 40 47 (.Construction and insjjection of buildings. . . . 220 56 Scuttles and ladders on buildings 221 37 Fire esca])es. etc.. on buildings 222 5S Inspection of buildings as to protection from fire 223 60 < 'ompensalion of injured hrt-nien 231 ()i Cnnunissioner may exceed appropriation to suppress epidemic ^1 Commissioner may cans;- repairs to tire apparatus with- out contracts 1 20 100 Commissioner may ])urchase sup|)lies, under fifty dollars.. 1 20 101 Mavor may api)oint and remove commissioner of 174 125 Term of office of commissioner 174 125 Commissioner shall appoint chief of police and sulxn- dinates 174 125 Mayor shall fill vacancy in ofhce of commi.ssioner within ten days 1 74 125 Monds of commissioner ,and chief nf police to be ap- jiroved by mayor 174 125 .\ppointmenl. powers and d\iiies of clerk i>f rommi.-- sinner ' 175 125 (3onmiissioner shall keep record of otticial acts 175 1 25 Mavor niav inspect records of comniissii .ni-r 17; i jKx White Charter Old Charter Special Laws PUBLIC SAFETY, Department of :— ( (.minuLcl I'< )LICE DEPARTMENT : (Commissioner shall make rules for police ckpartinfiit . . . ("ommon council shall grade police force Number of policemen shall not be increased without approval of board of estimate Commissioner may fill vacancies in ])olice force C'ommissioner may assign policemen to temporary duly . . Qualifications of policemen Police shall hold office during good behavior Policemen have powers of constal)les Shall arrest persons violating ordinances Shall report violations of law and ordinances May execute warrants in any part of state Warrants which may be served by policemen Powers and duties of chief of police ("harges and trials of policemen Commissioner mav issue sub])a-nas and compel attendance of witnesses Commissioner may suspend, fine or dismiss policemen. . Police pension fund, how maintained and controlled .... Mayor may control and direct police department Mayor may appoint special policemen in case of riot .... Police exempt from militar\ and jury duty, arrest or subpcena Police appointments subject to civil service laws Policemen shall not be members of j^olitical conventions Policemen shall not solicit votes Common coinuil mav pass ordinances governing police department Policemen shall retain positions Organization of police dej^artment under Old Charter, see note Sus]>ension and dismissal of police General powers and duties of police Policeman derailed for district attorney Duties of policemen as to arrests Chief shall detail officer to enforce penal ordinances Police shall obey all lawful orders Monroe county to pay expense of jxinishing offenders against state law 170 126 '77 126 '77 126 17.S 126 1 78 '-7 '79 127 180 '^^7 181 127 iSi '-7 [Si 127 181 12S 182 128 ''\i 128 1S4 1 2<) 184 129 184 129 185 129 1 86 '.50 186 'jO 187 '.>o 118 ',?o 1 8<,» '3' 100 '.^>' lyi '.5' 192 '.>' Suhdiv Page- / •3- 9 '3.') '> Kl'i 10 "3-4 10 '34 Sec. Hase. 03 '35 :o;, '35 04 '35 04 •36 :>o:5 White Charter Old Charter Special Laws PUBLIC SAFRTY, Department of :— < oiuiiuK-d skc. Pahe KIRK DKl'AR IMKN T: Commissioner shall ha\ e supervision over tire di jiart- ment joi 1 ^-t Common council may grade fire department 202 135 Commissioner shall appoint chief of fire department .... 203 1 35 Unties of chief of fire department J03 1 35 Commissioner shall apjjoint all members f fire dejiart- ment Kiremen shall hold office during good behavior Commissioner may hear charges against firemen Commissioner may suspend, fine or dismiss firemen .... Kire department pension fund, how constituted and con- trolled 205 136 Commissioner shall control apjiaratus and property of fire department 206 1 36 Commissioner may purchase real property for fire depart- ment, when authorized by common council Kiremen shall retain positions Purchase and sale of fire dejiartment pro])erty Rules for fire department Engineers to have custodv of engines, etc . . . Common council may compensate injured firemen Powers of common council as to fires \rrest of persons at fires Tearing down buildings to check fires Measure of damages for buildings destroyed.. UKALllI DKl'.AKT.MKNl: Commissioner shall ha\e supervision over health de- partment Appointment of health officer; qualifications Commissioner shall have powers local board of health . . .\ppeals from orders of health officer Commissioner may impose costs on appeals Health officer may apjioint assistants and experts 'i'erm and compensation of assistants Health officer shall inspect and control ventilation, drain age, etc., public buildings Health officer shall approve plans for sewers and drains.. Commissioner sliall divide citv into health districts 06 137 07 ' ^~ ^4 ' 3'^ -7 '.>«^ 2S 1 3S ',1 3- '3'' '3w 33 140 34 140 35 141 c '41 I 141 1 142 - 142 - 142 3 '43 3 '43 ( '43 5 143 (, '44 5(>4 1m>k.x White Charter Old Charter Special Laws PUBLIC SAFETY, Department of :— ( dniinued A]>pointment. cinnpciisatinn, and ckitits of district i)liy sicians Actions as to imisaiues 22S Extraordinary lieahh expenditures in time of pestilence.. 22<; Commissioner may hear charges against members of health department 2 j;o Commissioner may fine, suspend or dismiss members of health department 230 Commissioner may issue subjXLnas and comjiel attend fii>4 ance of witnesses -^ 204 ri.S4 I)ecisif)n of commissioner final and not su1)ject to review.. -^ 204 I'ublic health law ajiplicable to cities of second class. . . . 231 1 'lumbers and inspectors of plumbing, see note — Board of health under Old Charter 9 Powers of common cfiuncil as to sanitarv regulations ; pest-house 269 Regulations as to canal boats, etc 270 Regulations as to public conveyances 271 Regulations a.s to infected property 272 Powers of board of health as to canal boats. . 273 Hotels and boarding houses to report sick persons 274 Fines collected for violation of health ]5ro- visions devoted to pest-house 275 Power of council to fill vaults, drains, etc.. 276 Power of council as to removal of dangerous buildings, fences, etc 277 Power of council as to i)reservation of Gen- esee river, canals, etc 27.S Attachment for violations of ordinances re- lating to canals, etc 27c; Provisions of state law ap])licable to board of health 2S0 F1RI-. MAR.SHAI.: Commissioner shall appoint fire marshal 232 Powers of commissioner and fire marshal over buildings... 233 .\s to powers and duties of fire marshal, see note — Powers and duties of fire marshal under Old Charter 22() 1 56 I \!iK\ .')•"»•> White Charter Old Charter Special Laws PUBLIC SAFETY, Department of: — Continued Sk< . H\r.K Heahh department shall inspect jjlans for school buildings 1 3.S 172 FlM-.s COI.l.KCTKIl K 77 Appointment and term of commissioner 107 93 Commissioner shall ap|)oint deputy and sulxirdinales . . , 107 <)3 Vacancy in office of commissioner shall be tilled l)y mayor within ten days 107 «^3 Monds of I ommissioner and deputy approved by mavor. . io*< m' 5()») Index White Charter Old Charter Special Laws PUBLIC WORKS, Department of :— ( ontimied s.. is,., Duties ot I oniniissioner as to streets under White Charter i o<^ w4 Commissioner shall ha\e control of alteration and repair of all city buildings, docks and bridges iO(; ^4 Commissioner shall have control of street improvements, sewers and sidewalks 1 oij ()4 Commissioner sliall re]jair sidewalks when owner fails to do so 1 Oi> (;4 Commissioner shall clean snow and ice from sidewalks, after twelve hours iO(; 1/4 Commissioner shall tile annual statement of cost of work with assessors 109 94 Commissioner shall a])point su]3erinlendent of water works MO ((5 Commissioner shall have coiurol of the water works system, establish rules for use of water, and fix water rates r 1 o 96 Water rents imposed by commissioner a lien upon lots and buildings 110 ()6 Commissioner shall pay special water rates to city treas- urer 110 i;6 Commissioner shall advertise hearing on water rents.. . . 110 97 Commissioner shall make roll for water rents f^ Commissioner and city engineer are members of board of contract and supjjly i 20 ((i» Commissioner shall make emergency ])urchases for the city water works without contract 1 jo 100 Commissioner may purchase supplies under fifty dollars.. 120 101 Appointment and term of city engineer and assistants. . . 132 104 City engineer shall be superintendent of jjublic buildings, bridges, docks and wharves 1 32 1 05 Commissioner is highway commissioner 42 ro5 Commissioner shall fix amount of damages on discontinu- ance of streets 1 43 106 Commissioner may acquire land for ]jublic ])uiposes. . . . 149 109 Water meters 1 50 110 Power to purchase property for water works. 156 111 Powers of commissioner over streets and ex- tension of water works 157 111 No person shall lay water pipes without con- sent of common council 157 112 l.MiF.X .')t»7 White Charter Old Charter Special Laws PUBLIC WORKS, Department of :— ((.mimieci Se.. Fa<.i: No person shall furnish water from pipes within the city except l)y franchise f^ranted ^ 1)V three-fourths vote of council 1 57 \\i Existing licenses repealed and revoked 157 \\z I'ower to fix water rates and enforce collection 1 5S 1 1 ; Interference with water wf)rks property a misdemeanor 1 5(> 11; Tapjjing water pipes and letting water run a misdemeanor 1 tx) 114 Statement of unpaid water rates lOi m ^ City may acquire property for water works. . 162 115 Proceedings 'in case of encroachments on streets; practice and issue raised <>n en croachments 16^ i 1 S Fees and costs of such issue i6f> i ii) Re\iew of proceedings by certiorari 167 120 I'ower of common council as to improvements 16S in Additional tax for waitr rents 85 K)^ Exchange of water works bonds 110 i\o Actual notice must be served on commissioner of dan- gerous condition of streets to maintain action 461 yxz Written notice must be served on commissioner of par- ticular place in case f>f ice or snow to maintain action. 4()i y\2 Affidavit of taxpayer when contractor fails on |)ublic work to be served on commissioner 4()5 ^iij Act to St I'mi.v Koihksikk with ri KK .\NIi W IIUI.KSOMK \\,\rKK ... — 41)7 .\(T At THdRI/I.N'C .\t;«Ji;iSITH»N Of ordinances 22 ^5 Of consultation of heads of depailnients 43 63 Of board of estimate and apportionment 97 84 Of board of contract and supply i 24 10 ^ Of board of education 1 40I) 1 74 Distribution of, to taxpayers 472 32^ REDEMPTION OF LANDS : vSee AssESSMEN'r and Taxaiion. REPAIR OF STREETS AND SIDEWALKS: See SiDFAVAI.KS; STKKKIS. REPEAL: Of laws int:()n>isient witli W hite Charter 4S2 524 White Charter does not repeal consistent laws 483 325 Repealing clause Old Charter — 336 REPORTS : Heads of departments to make annual, to mayor 462 31S Corporation counsel to make annual, to mayor 419 305 AnNI'AI, KINANCIAI,, Tl) SECRF/rAKY OF STATE 347 RESIGNATIONS: Of city officers shall be made to comnidu council ■^\ 44 REVISED STATUTES : Applying tf deputy health oflicers and em])loyees Of district physicians Of school Commissioners < )f police justice ' < )f judgis. clerk and stenographers of the municipal court Of cor])oration counsel and assistants. . . ( )f lorpoiation coun.sel of Rochester, ste note Of su]>ervisors ( »f sealer of weights and nn-;isurt > \ 220 141 I 22\ 141 K^ -5 'j -5 43 6j 61 70 7'» 75 yS St) -=3 '4.> 227 •44 "23 '63 -<)' 262 -54 ->>7 (' 1 ;^o.? >o5 ;o7 ',08 SALE Ol'iilvreal ot.ite or li.im lu^. 1 , ^O SAVING CLAUSE: ( •! While ('harttr .')7(i Indkx White Charter Old Charter Special Laws SCHOOL LAW OF ROCHESTRR : lioard of educalidii. how compusecl Removal of memlit-rs by mavor (General duties of hoard Kstablishmeiit of schools and classt-s C!liangin<; grades and cf)iuses of studv Fixing cjiialifications of teachers Purchasing school ])roperty and supiilits. . . . Appointment of officers (Secretary; superintendent; librarian; su- ]:)ervising architect ; lirincijials and teach- t-rs : janitors and truant officers; police- men ; clerks and subortlinates.) Filling vacancies Non-resident pupils Adoption of ordinances Ijy board Regulating salaries Annual report to state su]ierintendent Monthly report in newspapers Annual report to common council Annual estimate to common council Annual appropriation of school moneys Common council to certify to board amount to be raised for school purposes Apportionment of ai)propriation for school purposes Appropriations not to be exceeded Deficiencies may be met School moneys in custody of treasurer Construction and enlargement of school buildings J'oard of health shall apjirove ])Ians of buildings Contracts for work and supplies Members of board not to hold citv otiice nor be interested in contracts Custody of school libraries Duties of secretary; minutes of the board . . Qualifications of superintendent Powers and duties of superintendent Powers of principals Powers of librarian Duties of supervising architect Duties of board of examiners PAia- 1^3 162 124 ""M 126 164 127 I'M 1-7 if'^ 1-^7 165 ' -7 165 1 -7 i6r, 1-7 i6(. 127 .67 127 167 12.S 167 129 .67 129a 16S l.lO 16.S '.1' i6u 1.)- i6(, '34 >3(^ >;v^ '3'^ 1 72 139 ' 7- 140 '73 140a 140b 174 ■74 140c i4od '75 '75 T4oe i4of '77 ' / 1 '40g i4oh ^11 177 SEAL: SlA. Pa<;k 1401 17S I4OJ iSo 140k IcSo I4OI iSo 14011 iSo Index "jTI White Charter Old Charter Special Laws SCHOOL LAW OF ROCHESTER :—( ...uimicd <^ualihcations of ])rincipals Promotions and removals of principals Temporary assignments Certain teachers exempt Suspension and removal of teachers Ordinances as to school property may be re- ported to council by board 141 iSi Common council may pass ordinances as to school property Common council may sell school property. . . Common council may investigate charge^ against board or employees Title to school pro])eriy vests in city Public schools free Comptroller shall approve claims Repeals When law in effect Teachers' class in free academy SCHOOLS : Act to KMi'owi-.K citv m aci.h ikk LAN OS K<)R — 414 Act 10 INCOKI'OKATK rKACHKRS' RKLIKl" SOCIKTY — 42O Acr AITIIURI/,IN<; KRKl THIN Nl». 3.. — 4JO Act TO I'ROVIIlK KoR CKRTAIN 94 Xotice of repairs to be served on owner id) 94 Common council may direct re])air of, and cleaning snow. etc., from 1 46 107 May be repaired after five days notice by city 2icS 317 May be cleaned of snow, ice or obstructions after twelve hours 2 iS 317 City may collect e.xpense of repairing or cleaning 2 1 S 317 See AcrioNs; Assessment and Taxation; Puklic Works, Dejjartmciit of SINKING FUND: ("oniptroller custodian of 60 75 Hoard of estimate and common council shall ])rej.cribe rules for management of 69 75 Provisions as to 96 79 General, how constituted 1 1 1 2 1 1 Index •''•' White Charter Old Charter Special Laws SNOW OR ICE: f^^-^- ^'^'■"- Sce AcriMONS; SlKKEl'S. STREET RAILWAYS: Shall not be relieved from ohligalioiis in force M7 'O^ I N I'ARKS -3 3*^6 ^ Acts levying asskssmknts on Koch- "^ ESTER Railway Company — AS^ Act authorizinc; city to make contract of settlement with Rt)CHKsrER Railway ("oMi'ANV. . . — AS^ STREETS : Ciade and name of, changed by common council 30 41 Kxpense of opening, etc.. to be apportioned 34 4- Notice to abutting owner to repair 109 ')4 Power of commissioner of public worUs to re])air, clean, etc '°" "-^ Contracts for lighting ' -3 '°- Separate bids for each kind of pavement 1-5 '03 Majority of owners representing not less than two-fifths frontage mav designate kind of pavement 1 -5 104 Common council shall designate pavement if owners do not '-5 '°-* Contracts for jKiving, to be let to lowest bidder 125 104 ("ommissioner of public works has control of ^ ,q. Damages arising from discontinuance of, to be approved by board of estimate '43 '°5 Ordinance discontinuing, shall be by thi.-e fourths vote of council '43 Abandoned '44 Ky public use '45 Common council may order repairs, etc., of 146 Common council may order sprinkling of '4^' Contracts for improving, manner of letting 147 K.xpense of imi)roving, to be assesseil on properly bene- tited '47 Opening of, expen.se to be borne by property benefited. . i )S Assessment for improvement of, shall be in manner pre- scribed by existing law '4'^ ComiTion council may direct commi.ssioner of public works to accpiire land for opening of new '4'' Condemnation proceedings in opening of. under .Mst • ing laws ' 4'> Duties of su]5erintendent of ^'l Si:(. 1'a<.i '>~4 I\liK.\ White Charter Old Charter Special Laws STREETS:— Continued Improvement of 149 ioi> Powers of commissioner of public works over. i 57 111 i'roceedings in encroachments on i 64 116 Practice when issue raised on encroachments. 175 iiS Fees and costs on trial as to encroachments. . 166 119 Review of j^roceedings in supreme court 167 120 I'ower of common council as to construction, opening and disconlinuaiu:e of 16S [21 Contractors' bonds for labor subdiv. 6 — 122 Sprinkling of subdiv. 7 — 124 Opening f)f, costs to be paid to city treasurer 414 30? See CuMMo.N" Cot ncii, ; Contract and Sii'im.y, Hoard of; Ptiii.ic Works. Department of; Sidewalks. STREET SUPERINTENDENT: See SiRKKTs. SUBWAYS: Sec 'rKi.i:(;K \rii and Tki.ki'Udnk 1'oi.ks a.\i> Wikks. SUPERVISORS: Klection, term, powers and duties of 432 307 I'"il1iiig vacancies in office of, see note — 307 Powers luul coni])ensation of 52 307 SURETY : See Bon i>s. TAXES: See .\ssKssMiN r wn TAXArioN. TAXPAYER: .\ny. may a])])eal from audit of comptroller 65 72 Not disciualified to act as juror, etc 25S 301 Not dis(|iialified to act as judge, witness or juror 460 31 1 Mav lia\e citv jDuljlications 472 323 TELEGRAPH AND TELEPHONE POLES AND WIRES: Power of council to regulate, in streets subdiv. 7 — 47 (ontracls involving use of, in public streets, dependent on franchise 1 20 1 00 City cannot force telephone wires into conduits with high tension wires, see note — 316 In Parks 23 3.S7 White Charter Old Charter Special Laws TESTIMONY : c WiliiLs>e> not excused from ttstifviiif; hefon- .onmx.n council, committtes or officers ^5^ ji,^ TRFASURER: Shall |)ay hills of ofirtcial newspajjers on coniptroll. r's a"dii 2<, 40 May appeal from audit of comptroller 6; 7^ Shall take place of com|)trollcr uixm hearing of appeals from audit as tf) claims (,- -^ Shall not pay bills unless countersigned by comptroller. . Shall present to comptroller for cancellation bonds paid . . Citizen may file affidavit with, against illegal claim Klection. term and salary of .\ppoinlmeni of deputies and subordinates Vacancy in office of Bonds of treasurer and deputies Office hours of Must state fund against which check or draft is drawn. . Sh ill have care and custody of all city moneys Interest on treasury dejjosits shall belong to city No money shall be drawn e.xcept on checks or drafis signed by S;, 76 Checks and drafis of, shall be countersigned by comj)- troller «■• "ft Shall keep a separate account with every department. . . S;? 76 Shall not permit any fund to be overdrawn, or draw upon one fund to pay a claim chargeable to another .S^ 76 Shall e.xhibil books lo (omptioller at least once a month liank aicounts of Shall report to complrollei dai'v S; Duties of, may be prescribed l)v common council Sf, Shall sit temporarily as menibi 1 of l>oard of estimai> when Shall sign levenue lK)nds . . . Shall pay bills against park depaitment on audit of comptroller Is custodian n( all schi>ol moneys . . . Shall allow deductions and charge interest on taxe- Waii.ini for collection of taxes to be delivered to Warrants drawn on Deposit of city money by Check must specify fund Check must be countersigned "5 / .> 65 ".> 66 7.) 7') 75 7 7<'' ■^.> 76 •^.1 7f' S4 .,(. ~~ ')<> Si 1 1 1 .,S ' ,»7 '7^ j<)i .S5 J 6 1 1S5 1 \2 -I > I 14 J 14 "5 -M J oT'I Inhkx White Charter Old Charter Special Laws TREASURER :— Continued Sw . l'A.;r Shall receive fees aiul tines from pulicc clerk V)"^ -^5 All moneys collected on behalf of the city to be paid to . . ^19 305 Shall pay compromised claims out of moneys not other- wise approjiriated 420 305 Payment of ten dollars to. for printed copies of reports, etc 47^ }-j Shall receive and invest Mount Hope cemetery moneys 76 34 1 Shall countersif^n deeds for Mount Hope cemeterv lots 77 342 Is rRI Sl'KK irKK. IlKI'AK IMKNr I'KN- Sll >N l"l M ) I 361 I SHAl.I. SICN I'\KK ItONDS I 5 3S3 I Is CtSTlJDlAN PARK MONEYS 26 389 / Is TRl'SrKK I'OI.ICK I'KNSION FIND... I 390 See AssKSSMKNT and 'Paxaiion; Comi'i R'Hi kr ; F-SITMATK AND A I'l'c iKIIc >\ M K.\ r. I'oard of TREES : I'AKK liOAKD SIIAI.I. IIAVK srPKR- VI.S1U.N 01 J4 3S7 I RIALS: See CiiAKcKSAND Trials. UNDERTAKING : Sc-c- I!<)NDS. \ ACANCY: In ofhce of ])resident of the common co\incil to be filled by council 14 2(1 In office of alderman, to be filled by common council. . . 2~ 30 In office of comptroller to be filled by mayor 6r 70 In otilice of treasurer to be filled by mayor 70 73 In office of commissioner of public works to be rilk-d by mayor within ten days 107 93 In office of city engineer to be filled by mayor 13;; 104 In office {)f commissioner of )jid>lic safety to be filled by mayor within ten days 174 i::5 In |iolice force to be filled by commissioner of public safety 1 7S 1 26 In police force to be filled from civil service list rSS 130 In office of health officer to be filled bv commissioner of ]iul)lic safety 22 I 142 I NDKX White Charter Old Charter Special Laws VACANCY :- Continued In ofitice of assessor to he tilled by mayor In office of police justice to he tilled by mayor In office of municipal lourt judj{e to }ii: filled by mayor In fffice of coiporation counsel to l)e filled by mayor. . . . In office of commissioner of charities and correction to be tilled by mayor In office of supervisor, see nf)te VACATION OF ASSESSMENTS : See AssKssMi Ni ANii Taxation. VETO von: WALKS Shi. Pack ::(X3 1S4 .V)- -<">:> -44 2S2 4'.^ 3o:> .>4-' M^ — ;/>: Sec M WOK. Three-fourths, to remo\ e city clerk 15 -6 Majority, of common council necessarv to |).i» Midi nances 17 -'• Two-thirds, to appropriate money i'> .>o Two thirds, to sell or lease city property or sell franchise. nj ;o Three fourths, to pass over mayor's veto J I V> Two-thirds, to rf{{ulate powers of city officers and depart- ments -5 .>" Three-fourtiis. tV>r e.vpulsion of alderman .\ves and noes, on all legislative acts Two-thirds, to change name or grade of street ... \'iva voce, for appointments Of estimate and apportionment, by ayes and noes Three-fourths, to disconliinu- street Sum \v \ I Ks -/ .v» :S .V> ^0 41 .v> 4-: •>7 •S4 4.1 106 WAKI) BOUNDARIES: See |{(tl NI>\KIKs. WARRANTS: roliiemen may serve in .mv part of state i.Si 1 jS Shall In- served by policemen 1S2 1 2.S Mavbe issued on informations taken liefore jwlice clerk '■■>> 'Oi May Ik.' ser^'ed by peace officers or |X)licem< ludges of municipal court may issue criminal . --31 :'H Suits upon ordinances may l)e commenced by . ;?8 3"' Constables sh.ill not be com|>elled to serve 3.^5 Forcolleciion of taxes, see .Xssf.ssmkm am» Ta\\th> - 'u^ Indkx White Charter Old Charter Special Laws VVATFR WORKS : s«. Pm.u Srf rriii.ic Works, Dt.paitnitnl nf WEIGHTS AND MEASURES : See Skai.kk of Wkic.hts ANn Mkasirks. VVHITH CHARTER: Ri']iea]ing clause of 482 324 Saving clause of 48^ 325 When in effect 495 326 When act applies 1 i WIRES: See 'rKl.EC.KAI'll AND Tf.I.I- I'l lONli I'uI.ES AND WlKKS. WITNESSES: May be siibpcena.'d by common council or committees . . 2S 37 May be examined by mayor 48 64 Commissioner of public safety may compel attendance fi84 129 of ^ 204 1 36 U30 145 Taxpayers not disqualified to act as 460 31 1 May be recpiired to testify 464 319 WORDS : ( 'iiiisinuliiin of, in \\ lute Charter 47-5 324 ('(instruction of, in Old Charter — -536 M 'V, LUS '' ■Tt' H> I UCSOUTHFP' p. ocnri'ifi '. iRRARt' ' .'•i AA 000 994 548 6 4^' .' »Ws»iAfrfiit3«ri'3';t-.