LIBRARY OF THE University of California. GIFT OF .^X^{b^..C^^. 'Jj..r. l-i-UM^^ - Vi Class $ I I f I I I I I I I f I I I $ I I I I I f I $ CITY CHARTER OF THE City of Mount Vernon. I CITY CHARTER OF City of Mount Vernon ENACTED MARCH 22, 1892. Ch. 182, Laws 1892, and Ameiidments. Revised and Indexed by ARTHUR C. BLATZ, Counsellor-at-Law. PRINTED BY AUTHORITY OF THE COMMON COUNCIL OF THE CITY OF MOUNT VERNON, By Resolution of Aprir 16, 1907. Under Supervision of AUGUST C. THOMA, Chairman,") FREDERIC W. CLARK, y Committee on GEORGE H. TAYLOR, Jr.. S ^""''"^' ^''' CITY CLUB 23 Prospect Avenue Mount Vernon New York 4i ■Oi, 'if, '9/0 TABLE OF CONTENTS. TITLE L Sections 1, 2, 3, 4. Page Boundaries, corporate name, powers, seal 3-6 TITLE II. Sections 6-33. Officers of the city; their election and appointment; terms of office; duties, salaries, etc 6-16 TITLE III. Sections 34-131. Powers, duties and salaries of city officials » 6-57 Mayor Sees. 34, 35, 43 Aldermen Sees. 36, 37, 43 Supervisors Sees. 38, 39 Assessors Sec. 40 Common council Sees. 41, 129 City clerk Sees. 42, 130 City treasurer Sec. 43 Receiver of taxes Sees. 44, 52 Comptroller Sec. 52a Justices of the peace Sec. 53 Constables Sec. 54 City court and city judge Sees. 55-114, 130 Commissioner of public works Sees. 115-126 Corporation counsel Sees. 127-128 Fees, penalties, fines, etc., paid over to city treasurer; reports to common council Sees. 130, 131 TITLE IV. Sections 132-142. Taxes, assessments; levying and collection of 57-63 TITLE V. Sections 143-157. Taxes; sale of, lands for non-payment 63-69 TITLE YI. Sections 158-166. Common council; how constituted, meetings, powers 70-85 206879 TITLE VII. Page Sections 167-205. Highways, walks, streets, bridges; laying out, building of and im- provements of, and assessments for same. 85-106 TITLE VIII. Sections 206-209. Police department; how constituted; support of; powers; duties and salaries of members of 106-114 TITLE IX. Sections 210-219. Prevention and extinguishment of fires; rules as to buildings; fire escapes, etc. Board of fire commissioners. Fire companies; officials and members; provision for compensation, etc. Ex- penses of, annual report 114-119 TITLE X. Sections 220-225. Board of health; officers of, powers and duties of health officer, hospitals, pest houses, plumbing and drainage 119-124 Commissioner of charities, TITLE XI. Sections 227-228. duties of 124 TITLE XII. Sections 229-229s. Board of education; how composed; powers and duties; term of office; salaries, etc. School districts; maintenance of. School trustees; election of. Clerk of board; school buildings; public libraries; taxation for; school bonds, etc 125-148 TITLE XIII. Sections 230-256. Miscellaneous provisions 148-155 City a town for some purposes Sec. 230 Freeholders not incompetent as judge, jury or witnesses in suits against city Sec. 231 No costs, etc., against city, unless claim first presented to common council. No bond to be given by city in any action or proceeding. Execution cannot issue against city; method of payment of judgments Sec. 232 Expense of apprehending, trying and committing crim- inals paid by county Sec. 233 Page Service of process, under provision of act on corporations, associations, co-partners, joint tenants, or tenants in common Sec. 234 Affidavits of publication of notices, by-laws, resolutions, etc Sec. 235 Copies of papers certified by city clerk and secretary of board of health shall be evidence in all courts, etc Sec. 236 Accounts for services, etc., to be in duplicate and sworn to or audit refused Sec. 238 City lands held in fee exempt from taxation .... Sec. 239 Claims on contract or tort to be presented to common council 30 days before suit. Examination before Mayor on saine Sec. 241 Ordinance book in city clerk's office Sec. 242 Execution on judgment in favor of city on fine, penalty or forfeiture Sec. 243 City lock-up Sec. 244 City liable for bonded debt of village of Mount Vernon . . Sec. 245 Apportionment by supervisor of Westchester county of state and county charges between city of Mount Ver- non and remainder of town of Eastchester. . . .Sec. 246 Tax leases affecting property in city of Mount Vernon to be assigned to it by town of Eastchester Sec. 247 Village receiver of taxes authorized to collect any tax warrant or assessment in his hands and make return to common council Sec. 248 Warrants for town, county and state taxes now in process of collection by town clerk of Eastchester continued in his hands, etc Sec. 249 Ordinances, by-laws, resolutions and regulations of vil- lage trustees continued Sec. 250 Balance of town of Eastchester, continued as such town. Provisions for special election in Sec. 251 Common council to provide supplies, stationery, blanks, fuel and other requisites of use of officers and city de- partments Sec. 252 Corporation village of Mount Vernon dissolved . . Sec. 254 Definition of "freeholder" who is eligible for office under this act Sec. 255 Definition "supervisor" as used in this act Sec. 256 Appendix — Special acts 156-202 ^ Charter of the City of Mount Vernon^ CHAPTER 182, LAWS 1892. AN ACT to incorporate the City of Mount Vernon. Approved by the Governor March 22, 1892. Passed, three- fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows : TITLE I. Of the boundaries and civil divisions. Section i. All that district of country in the town of Eastchester, in the County of Westchester and State of New York, comprised within the following boundaries, namely: Commencing at a point in the centre of Bronx River, at the intersection thereof with the northerly boundary line of the present incorporated village of South Mount Vernon; run- ning thence generally in an easterly direction along the nor- therly boundary line of the said incorporated village of South Mount Vernon to Eleventh Avenue and Bronx Place there- in ; thence southerly along the westerly side of Eleventh Av- enue to Mundy Lane; thence southerly along the westerly side of Mundy Lane to the. Kings Bridge Road ; thence due south to a continuation of the northern boundary line of New York City; thence easterly along said continuation of the northerly boundary line of the City of New York to Hutchinson River or Creek; thence northerly along the cen- tre line of said Hutchinson River or Creek as the same turns and winds to a point as far north as the northernmost point in the town of Pelham in said County of Westchester ; thence westerly along a line extending across the town of East Chester parallel with the said northern boundary line of New York City; thence southerly along the centre of the Bronx River as the same turns and winds to the point or place of beginning, shall be a city known as ''the City of Mount Vernon;" and the citizens of this state from time to time inhabitants within the aforesaid limits shall be a body corporate and politic by the name of "the City of Mount Vernon," and as such shall have all the rights, power and privileges conferred by the general statutes of this state upon municipal corporations, as well as those conferred by this act, which latter shall be known as the charter of said city. Section 2. The said city shall be divided into five wards, as follows : First Ward. Beginning at the intersection of the mid- dle line of Fourth Street with the middle line of Eleventh Avenue or Mundy Lane ; running .thence easterly along the centre line of Fourth Street to Union Avenue; thence nor- therly along the centre line of Union Avenue to Third Street ; thence easterly, along the centre line of Third Street to the centre line of the Hutchinson River ; thence southerly along the centre line of Hutchinson River as the same turns and winds to the southern boundary line of said City of Mount Vernon ; thence westerly along said southern bound- ary line of said city to a point due south of the intersection of the westerly line of Mundy Lane with the Kingsbridge Road; thence due north to the point of intersection of the westerly side of Mundy Lane with the Kingsbridge Road; thence northerly along the westerly side of Mundy Lane to the point or place of beginning. Second Ward. Beginning at the point of intersection of the centre line of the roadbed of the New York, New Haven & Hartford Raih'oad Company with the continuation of the centre line of Fifth Avenue ; running thence southerly along the centre line of Fifth Avenue to Fourth Street; thence westerly along the centre line of Fourth Street to the westerly side of Eleventh Avenue or Mundy Lane; thence northerly along the westerly side of Eleventh Avenue or Mundy Lane to Bronx Place; thence in a general westerly direction along the southern boundary line of the City of Mount Vernon to a point where such southern boundary line intersects the centre line of the roadbed of the New York, New Haven & Hartford Railroad Company; thence in an easterly direction along the centre line of such roadbed to the point or place of beginning. Third Ward. . Beginning at the point of intersection of the centre line of the roadbed of the New York, New Ha- ven & Hartford Railroad Company with the continuation of the centre line of Fifth Avenue; running thence easterly along the centre line of said roadbed to the easterly boun- dary of the City of Mount Vernon ; thence southerly along the easterly boundary line of said city to a point in the centre of Hutchinson River or Creek opposite the centre line of Third Street ; thence westerly, along the centre Hne of Third Street, being the northerly boundary line of the First Ward, to Union Avenue ; thence southerly along the centre line of Union Avenue to the centre line of Fourth Street; thence along the centre line of Fourth Street to the centre line of Fifth Avenue ; thence northerly along the centre line of Fifth Avenue to the place or point of beginning. Fourth Ward. Beginning at the point of intersection of the centre line of the roadbed of the New York, New Haven & Hartford Railroad Company with the centre line of Fourth Avenue ; running thence northerly along the cen- tre line of Fourth Avenue to its junction with Stevens Av- enue in Fleetwood ; thence northerly along the centre line of said Stevens Avenue to the northern boundary line of the city; thence westerly along the northern boundary line of the city to the Bronx River; thence southerly along the centre line of the Bronx River, as the same winds and turns, to the southwesterly corner of the said city of Mount Ver- non ; thence easterly to the centre line of the roadbed of the New York & Harlem Railroad; thence southerly along the centre Hne of the roadbed of the said New York & Harlem Railroad to a point where the continuation of the southerly boundary line of lot number four hundred and thirty, map of West Mount Vernon, would intersect the centre line of said roadBed; thence easterly and along the southern boun- dary line of said lot number four hundred and thirty, to. the centre line of the roadbed of the New York, New Haven & Hartford Railroad Company; thence easterly along the centre line of said last mentioned roadbed to the point or place of beginning. Fifth Ward. Beginning at the point of intersection Oi the centre line of the roadbed of the New York, New Haven & Hartford Railroad Company with the centre line of Fourth Avenue nmning thence easterly along the centre line of said roadbed to the centre line of the Hutchinson River or Creek; thence northerly along the centre line of said Hutchinson River or Creek as the same turns and winds to the northern boundary line of the City of Mount Vernon; thence westerly along the northern boundary line of said city to the centre line of said Stevens Avenue in Fleetwood ; thence southerly along the centre line of said Stevens Av- enue to Fourth Avenue; thence southerly along the centre line of Fourth avenue to the point or place of beginning. (As amended by the Laws of 1901, Chapter 329). Section 3. The Common Council shall have power, by resolution to be passed by a vote of four-fifths of its mem- bers, at any time to change the boundaries of the several wards of the city, but not to increase the number of wards. The resolution effecting such a change shall be published in the official city newspapers for two successive weeks im- mediately after its passage ; and upon the completion of such publication such change shall thereupon be in full force and efifect. (As amended by the Laws of 1901, Chapter 329). Section 4, The said corporation shall have power to sue and be sued, and to make and use a common seal, and to alter it at pleasure. The City of Mount Vernon shall be the successor of the Village of Mount Vernon, and shall succeed to all the rights and liabilities of said village. TITLE H. Of the officers of the city, their election and their terms of office. Section 5. The elective officers of the city shall be a Mayor, a City Judge, a Comptroller, a City Treasurer, two Justices of the Peace, one Receiver of Taxes and Assess- ments, and three Assessors, who shall be elected by t^e electors of the whole city, as herein otherwise provided; five Supervisors, one from each ward, who shall be elected by the electors of the respective wards, and shall be resi- dents therein during their terms of office ; and two Aldermen from each ward, who shall be elected by the electors of their respective wards and shall be residents therein during their respective terms. The said Supervisors and Aldermen shall also be freeholders in said city during their respective terms of office. (As amended by the Laws of 1901, Chapter 202). Section 6. All the officers of the Village of Mount Vernon now in office, elective or appointive, shall continue to remain in office and discharge the duties of their respec- tive offices until successors to corresponding offices or to offices with corresponding duties are elected or appointed and qualified in the manner provided by this act ; and the President and Board of Trustees of said Village of Mount Vernon shall act as Mayor and Common Council under this act until their successors shall be elected and qualified as provided by this act; and when such successors shall be elected and qualify and enter upon the discharge of their duties the terms of office of said Trustees and President shall cease and expire. From and after the passage of this act the President and Board of Trustees of the Village of Mount Vernon shall be known as the Mayor and Common Council of the City of Mount Vernon. Section 7. All general laws applicable to Inspectors of Election, election districts and elections shall apply to the Inspectors of Election, election districts and elections under this act, except as in this act otherw^ise provided and except that for the first election to be held under the pro- visions of this act the Common Council shall appoint three Inspectors of Election (at least one of whom shall belong to the political party that polled the second highest number of votes on state issues in said election district at the last preceding general election in the ward in which such elec- tion district is located) for each election district to be created in said city before said first election, and said Common 8 Council shall also appoint two Ballot Clerks for each elec- tion district, one of whom shall be from the political party that polled the largest number of votes on state issues at the last preceding election, and the other from the party that polled on state issues the next largest number. Section 8. A general city election shall be held in each of the wards of said city on the Tuesday next succeeding the first Monday in November in each year after the passage of this act, at such places in the several wards of said city as shall be designated by the Common Council, and notice shall be given of such election by the City Clerk, under the direction of the Common Council, by publishing the same in the two official newspapers of said city once a week for two successive weeks. (As amended by the Laws of 1901, Chap- ter 202 ). Section 9. Special elections must be held to elect city officers or to fill a vacancy in office : * I. Where at any election authorized by this act an of- ficer shall not be chosen by reason of two or more persons receiving an equal number of votes for the same office. 2. Special elections shall be ordered by the Common Council within ten days after the failure to elect, and shall be held within ten days after such order. Notice thereof shall be published at least five days previous thereto. At the time of ordering any special election, the Common Coun- cil shall appoint a day for registration of voters, and publish notice thereof with the notice of such special election. The Inspectors of election shall prepare and use a register of voters for such special election in the same manner as re- quired by law for an annual city election, except that they shall prepare and complete such register and the necessary copies thereof upon the day for registration appointed by the Common Council. Section 10. The polls of the election shall be open at six-thirty o'clock in the morning and shall be kept open without intermission until eight o'clock in the evening at such place or places in each ward as the Common Council shall appoint, when they shall be finally closed, and the In- spectors shall forthwith without adjournment, canvass the votes received by them, and shall make and certify two state- ments thereof, one of which shall be filed forthwith with the City Clerk and the other with the Clerk of Westchester County. The Inspectors shall judge of the qualifications of electors, canvass the ballots, and make out and place in the hands of the Clerk of the city, a certificate containing a statement of the number of votes cast in each ward for each candidate respectively, and the Common Council shall, on the following day at eight o'clock in the evening, proceed to canvass such certificates, and shall cause a statement of the whole number of votes cast for each candidate to be entered on their minutes and shall declare those persons elected who have the greatest number of votes, and it shall be the duty of the Clerk of the city to notify the several persons so duly elected of their election within five days thereafter. At the first regular meeting of the Common Council after each annual election the persons who shall have been elected at said last election shall take the oath of office prescribed by the constitution. (As amended by the Laws of 1896, Chapter 692) . Section 11. At the next city election to be held under the provisions of this act, there shall be chosen a Mayor to succeed the Mayor then in ofiice; and also a Comptroller and persons to fill the places of all other elective city of- ficials, now in ofifice, whose terms of office shall expire on or before June fifteenth, nineteen hundred and two. The term of office of the Mayor to be chosen at the next city election after the passage of this act, shall expire on the ninth day of November, nineteen hundred and three, and shall com- mence upon the expiration of the term of the present Mayor, unless the present incumbent should after such election and before the termination of his term of office die, or for any reason whatever be incapable of holding or filling such of- fice through disability, sickness, absence or disquahfication or otherwise, in the event of which contingencies or 'disa- bilities the person so to be elected shall then enter upon 10 and discharge the duties of said office of Mayor. The city treasurer and receiver of taxes and assessments to be elected at said next city election shall respectively hold office from the fifteenth day of June, nineteen hundred and two, to November ninth, nineteen hundred and three. Of the alder- men to be chosen at the next city election, there shall be elected for each ward one alderman to succeed the alder- man whose term of office will expire on the fifteenth day of June, nineteen hundred and One, and the other to succeed the alderman whose term of office will expire on the fifteenth day of June, nineteen hundred and two; and the term of the latter of these two shall commence on June fifteenth, nineteen hundred and two, and terminate on November, ninth, nineteen hundred and three ; and the term of the for- mer shall be for one year, and shall commence on the first Monday of November next after his election. Of the super- visors to be chosen at said next city election, there shall be elected one for the fourth ward, whose term of office will expire on November ninth, nineteen hundred and two; and one in each of the other wards, whose term of office will commence on June fifteenth, nfnete.en hundred and two, and expire on November ninth, nineteen hundred and three. And at the annual city election next preceding the expira- tion of the terms of the supervisors to be chosen, in the manner in this section designated, their successors shall be elected for a term of two years respectively, and biennially thereafter. Of the assessors to be chosen at said next city election, there shall be elected two: One, to fill the place of the assessor whose term of office will expire on the fifteenth day of June, next, and whose term of office shall expire on the first Monday after the annual city election in the year nineteen hundred and three; and the other, to fill the place of the assessor whose term of office will expire on the fifteenth day of June, nineteen Jiundred and two, and whose term of office shall expire on the first Monday fol- lowing the annual city election in the year nineteen hun- dred and four. And at the annual city election to be held in the year nineteen hundred and two, there shall be chosen 11 one assessor to fill- the place of the assessor whose term of office will expire June fifteenth, nineteen hundred and three, and whose term of office shall expire on the first Monday following the annual city election in the year nineteen hun- dred and five. Thereafter an assessor shall be chosen at each annual city election, for the full term of three years, to com- mence on the first Monday following such election. At said annual election to be held in the year nineteen hundred and two, there shall also be elected a justice of the peace to succeed the justice whose term of office will expire on the first day of January, in the year nineteen hundred and three ; and biennially thereafter there shall be elected a justice of the peace. The term of office of each elective officer except justice of the peace, and except as otherwise hereinbefore in this section provided, shall commence on the first Monday after his election. The term of office of each justice o\ the peace shall commence on the first day of January next after his election, and shall be for four years. (As amended by the Laws of 1901, Chapter 202). Section 12. The appointive officers of the city shall be a commissioner of public works, a counsel to the corpora- tion, a city clerk, three fire commissioners, one. commissioner of charities whose salary shall be six hundred dollars per annum, one constable for each ward, and one poundmaster whose salary shall be five hundred dollars per annum, all of whom siiall be nominated, and w^ith the consent of the com- mon council, appointed by the mayor. (As amended by Chapter 204, Laws of 1906). Section 13. The terms of office of all appointive of- ficers, heretofore appointed, or hereafter to be appointed by the mayor now in office, or hereafter to be appointed on or before the passage of this act by the person performing the duties of the mayor, shall commence as soon after their appointment as they may qualify, .as provided by law ; and shall terminate upon the completion of the term of office for which the mayor appointing them was elected, and until their successors in office have been duly appointed and. quali- fied. (As amended by the Laws of 1901, Chapter 202). 12 Section 14. Before any person shall be so appointed to one of said offices the common council shall fix the maxi- mum rate of compensation to be paid for performing the duty of each of said offices (unless such compensation shall be fixed by this act) which maximum rate shall not be changed during the incumbency of the appointee next there- after appointed thereto, except with the consent of the mayor. The common council may also, prior to each of said appointments, prescribe the duties of such officers in addi- tion to and not inconsistent with the duties prescribed by this act and subject to such provisions of the common coun- cil and to the provisions of this act the mayor shall prescribe the duties of all officers appointed by him and all employes of the city. Section 15. Every person appointed or elected to any office under this act before entering upon the same shall take the oath prescribed by the constitution of this state and file the same with the city clerk. The mayor, city judge, justice of the peace, supervisors and city clerk shall each also file an oath of office with the clerk of Westchester coun- ty. Every person so elected or appointed who neglects, for fifteen days after his election or appointment to give the bond as security required by law or by the common council under this act, or to take and file said oath of office, shall be deemed to have declined the office, and it shall be vacant. An office shall also become vacant whenever the incumbent shall have been removed from office or shall have died in office and in case of the aldermen, shall have removed from their respective wards, or when a person shall have died after his election or appointment and before his term of of- fice has commenced, or in case of any elective office when such officer shall during his term cease to be a freeholder of record within said city. (As amended by the Laws of 1896, Chapter 692). Section 16. Every officer shall hold his term of office until his successor shall have been elected or appointed, and shall have qualified, unless his office has become vacant, as provided in this act. 13 Section 17. The resignation of an officer must be made to the common council in writing. Section 18. The mayor may be removed from office by the governor, in the same manner as sheriffs, except that the governor may direct the inquiry provided by law, to be conducted by the attorney-general, and after charges have been received by the governor^ he may, pending the investigation suspend the mayor not exceeding thirty days. Justices of the peace may be removed from office in the same manner as justices of the peace of towns. The supervisors, the city treasurer, the receiver of taxes and assessments, any assessor, any alderman, or any person appointed to pub- lic office by the mayor may be removed from office by the common council for incapacity, official malfeasance or non- feasance^ or other lawful cause, by a fQur-fifths vote of its members after having given him notice and opportunity to be heard upon the charges preferred. An alderman under charges shall not be deemed a member of the common coun- cil in any action taken thereon. (As amended by the I^aws of 1896, Chapter 692). Section 19. At the first general election held under the provisions of this act there shall be elected two alder- men for each ward whose respective terms of office shall be determined by lot by the common council at their first meeting as to which of said two aldermen for each ward shall hold office for one year and which for two years. At each general city election thereafter there shall be elected, as hereinbefore provided, one alderman from each ward in the place of the alderman from such ward whose term of office shall next thereafter expire. Section 20. At the first general election held under this act there shall be elected a mayor, a supervisor, a city judge, a city treasurer, a justice of the peace, one receiver of taxes and assessments and three assessors, who shall be elected by the electors of the city. Section 21. No person shall be elected or appointed to any city office, unless he be a resident elector of said city, nor to any ward or district office unless he be a resident 14 elector of the ward or district for which he is elected or ap- pointed, and whenever any officer of said city shall cease to be a resident of said city or the ward or district in which he was elected or appointed, his office shall thereby be- come vacant. The assessors and aldermen shall be free- holders of said city. No property qualification other than for assessors and aldermen shall be required to entitle any one to hold any office under this act. Section 22. The mayor shall hold his office for two years, and aldermen shall hold their office for two years, except as otherwise provided in this act. (As amended by the Laws of 1903, Chapter 165). N. B. See Section 3 of Chapter 165, Laws of 1903, following Section 43, at page 25. Section 23. ^t the annual city election to be held, under this act, in nineteen hundred and three, there shall be elected a city judge, who shall hold his office from the fifteenth day of June, nineteen hundred and four, to the first Monday following the annual city election to be held in the year nineteen hundred and seven; and every fourth year thereafter a city judge shall be elected who shafl hold his office for the term of four years commencing on the Monday following his election, and until his successor shall qualify and enter upon his office. The salai-y of the city judge shall be three thousand dollars a year, payable month- ly, upon the approval of the common council. (As amended by the law^s of 1901, Chapter 202). Section 24. Each justice of the peace of the town of East Chester, residing in the city of Mount Vernon when this act takes effect, shall qualify according to law as a jus- tice of the peace in said city, and shall continue to hold his office for the balance of the term for which he was elected, in the same manner in all respects, and shall possess the same powers and be subject to the same JDrovisions as if he had been elected under this act. At the first election under this act a justice of the peace shall be elected for the full term of four years. At the general election held two years after said first election a justice of the peace shall be elected 15 for the full term of four years ; and every second year there- after a justice of the peace shall be elected at the general annual election. The term of each justice of the peace elect- ed under the provisions of this act shall begin on January first next after his election and shall be four years. Section 25. An assessor shall be elected at each annual city election, who shall hold his office for three years, except as herein otherwise pi-ovided ; and not more than one asses- sor shall be a resident of any one ward, as herein provided. Each assessor shall receive an annual salary of eighteen hundred dollars, payable monthly upon the approval of the common council, which shall be in full for all services to be rendered by any assessor and for all work connected with the duties of the office of assessor. (As amended by the Laws of 1901, Chapter 202). Section 26. Each constable of the town of East Ches- ter residing in the city of Mount Vernon when this act takes effect shall qualify according to law as a constable of said city, and shall continue to hold his office for the balance of the term for which he was elected. Section ^'j. The receiver of taxes and assessments shall Hold office for two years. Before entering upon the du- ties of his office he shall enter into a bond to the city of Mount Vernon in such penal sum as shall be fixed by the common council, but which shall, not be less than twenty thousand dollars, which bond must be approved by the common council and filed in the office of the city clerk. Section 28. The term of office of city treasurer shall be two years. The city treasurer shall, before entering upon the duties of his office, enter into a bond with two or more sureties in such penal sum as may be fixed by the common council, which bond when approved by the mayor shall be immediately filed in the office of the clerk of the county of Westchester, and the common council shall have the power to increase the amount of said bond whenever, in their dis- cretion, they may regard it to be advisable. Section 29. (Repealed by Chapter 202 of the Laws of 1901). 16 Section 30. If any officer who shall be required by any of the provisions of this act, or by any ordinance of the common council to execute any bond before or after entering upon the duties of his office, shall fail to execute the same in the manner prescribed by this act, or by any such ordinance within ten days after he shall have been duly notified so to do, the common council may declare his office vacant, and proceed to cause the same to be filled in the manner provided in this act in cases of vacancies in office. Section 31. No member of the common council shall be appointed by the common council to fill any office, nor Nshall any alderman or the mayor be in any manner, directly or indirectly, interested in any contract to which the city may be a part}^, and any such contract in which any officer may be or become interested shall thereby and thereupon be and become void. Section 2)^. If any person having been in office in said city shall not, within ten days after notification and request, deliver to his successor in ofiice all property, papers and effects of every description in his possession or under his control belonging to the said city, or appertaining to the office so held, he shall forfeit and pay to the use of said city one hundred dollars, besides all damages caused by his neglect or refusal so to deliver. Section 33. If a vacancy shall happen in an elective office, the common council shall fill the same by appoint- ment until the next annual election, when the residue of the term of the office, if there be any unexpired, of the of- ficers whose term shall have become vacant, shall be filled by some person to be elected to such office for the residue of such term, according to the provisions of this act. TITLE III OF THE POWERS AND DUTIES OF OFFICERS. . Of the mayor. Section 34. The mayor of the city of Mount Ver- non shall be the chief executive magistrate thereof, and shall 17 when present preside at all meetings of the common council. It shall be his duty to take care that, within said city, the laws of this state and ordinances and by-laws passed by the common council be faithfully executed, and to arrest, or cause the arrest of all persons violating the same, to exercise a constant supervision over the conduct of all subordinate ofhcers; to nominate and, with the consent of the common council, appoint all appointive officers; to receive and ex- amine into all complaints against them for misconduct or neglect of duty, and to report the facts to the common coun- cil ; to recommend to the common council, from time to time, such measures as he shall deem necessary or expedient for them to adopt ; to expedite or cause to be carried out all such orders, resolutions or ordinances which shall have passed the common council for the expenditure of money, or of a legislative character, and if he approves he shall indorse his approval thereon in writing, and sign such approval; if he disapproves he shall return such transcript to the common council or the clerk thereof, with his objections in writing, which shall be filed by the clerk, and the common council shall, at its next meeting thereafter, proceed to reconsider such ordinance, resolution, orders or acts thus dissapproved; and if the same shall be passed by two-thirds of all the mem- bers of the common council then in office, the same shall have full force and effect notwithstanding the objections of the mayor. If any such transcript shall not be returned by the mayor to the common council or clerk within ten days after it shall have been presented to him (Sunday excepted) such ordinance, resolution, order or act shall have full force and effect in like manner as if duly approved by the mayor, unless the term of office of mayor shall expire within ten days after such transcript shall be presented to him, in which case such ordinance, resolution, order or act shall have no force. iTe shall have power summarily to revoke the license of any hackman, cartman, or for the exhibition of any show. He shall have power summarily to hear, try and determine any complaint against any appointed officer of said city for misconduct or neglect of duty, and to suspend said officer 18 until the next meeting of the common council. He shall sign all appointments made by the common council, and all warrants ordered by the common council for the pay- ment of moneys by the city treasurer. He is also empower- ed to enter any house or building which he has cause to sus- pect to be a gambling house, or to be inhabited by persons of ill-fame, or to which persons of dissolute, idle or disorder- ly character resort, and to disperse the same, or arrest such persons and hold them until they can be dealt with before some proper magistrate according to law. He shall have power to administer oaths and take affidavits, and take the proof and acknowledgment of deeds within said city. In case the mayor shall be unable to perform the duties of his office in consequence of continued sickness or absence from the city, the president of the common council, who is to be chosen in the manner hereinafter to be provided for shall be vested with all the powers, and perform all the duties of the mayor of the city, until the mayor shall resume his office, or the vacancy shall be supplied according to law. The mayor of the city of Mount Vernon shall possess all the powers and authority conferred upon the mayors of cities by any general statute of the state ; he shall have power to apprehend and arrest any person who shall, within his view of said city, be guilty of any criminal act or of any violation of the laws or statutes of the state ; he may also upon complaint being made to him under oath, issue a war- rant to the chief of police^ or any police officer in the city of Mount Vernon, to arrest any person charged with any crfme or misdemeanor, or with any violation of any law or statutes of said state, within such city, and bring such per- sons for examination or trial either before him, the said mayor or before the city judge or acting city judge. Any such warrant may be executed by any officer to whom it is directed, at any place within the state. If such process shall be made returnable before the city judge or acting city judge, such officer, upon the same being returned to him, or the prisoner arrested by virtue thereof being brought before him, shall take and acquire jurisdiction of the subject 19 matter and proceed with the case to the same extent and in the same manner, in all respects, as if such process had been originally issued by him. Whenever any person shall be arrested by the mayor of said city for any offense com- mitted within his view or by process originally returnable be- fore himself, he may, by an order in writing, transfer the case to the city judge, who shall thereupon take and acquire jurisdiction and proceed with such case in the same manner and to the same extent as if such person had been arrested or such process originally issued by him. Section 35. The mayor shall, from time to time, re- commend to the common council such measures as he shall deem expedient; and also submit annually a report of the financial transactions of the city for the past fiscal year. Such report shall be submitted to the Common Council at least ten days before the annual election, and printed and circulated under its direction. The fiscal year shall com- mence on the first day of May. Of the aldermen. Section 2,^. It shall be the duty of every alderman in said city to attend the regular and special meetings of the Common Council; to act upon committees when thereunto appointed by the mayor or Common Council ; to arrest or cause to -be arrested all persons violating the laws of this state or the ordinances, by-laws or police regulations of the city ; to report to the mayor all subordinate ofificers who are guilty of any official misconduct or neglect of duty, and to aid in maintaining peace and good ^order in the city and to perform or to assist in performing all such duties as are enjoined upon the aldermen of said city, separately, or up- on the Common Council thereof. Section ^^y. The aldermen of each ward shall be fence- viewers^ and shall possess all the powers and authority in respect to division fences or walls in their respective wards which are given by law to town fence-viewers with respect to division fences. Of the supervisors. Section ^8. The said city- shall be entitled to, and have 20 five supervisors, who shall have the same powers and duties as supervisors in any town in the county of Westchester, except as otherwise provided in this act, and shall be mem- bers of the board of supervisors of the county of Westchest- er. They shall receive the same compensation allowed by law in the same manner as other supervisors of towns. The said supervisors shall be chosen in the manner following: the supervisor of said city in of^ce at the time of the pass- age of this act, shall continue in office and represent said city as a supervisor of the fourth ward therein, wherein he now resides. And immediately after this act takes effect, the mayor of said city shall, with the approval of the Board of Aldermen thereof appoint from among the residents of each ward of said city, except the fourth, a male person as supervisor to represent respectively the first, second, third and fifth wards of said city, to serve as such until the fifteenth day of June next following such appointment, and whose successors in office shall be elected at the next city election in sakl city after such appointments are made, by the elect- ors in their respective wards. And the supervisor of said fourth ward shall be elected at the city election next preced- ing the expiration of the term of office of the present su- pervisor of said ward, by the electors thereof, and his suc- cessor shall be elected at the city election held every two years thereafter. Such appointments by the mayor shall be designated by him in writing and filed in the office of the city clerk of said city, and also in the office of the county clerk of said county of Westchester. The city clerk shall thereafter immediately notify said appointees of their ap- pointments, and after they have qualified by taking the con- stitutional oath of office in writing and filed the same in the office of said city clerk, the city clerk shall issue to each of said persons, a certificate of his appointment, showing that he has duly qualified as required by this section, and upon presentation of such certificate to the Board of Super- visors of said county, such persons shall be recognized by said Board of Supervisors of said county and their success- ors in office, and be allowed to take their seats as members 21 of said board, and participate in all the deliberations and proceedings of said board, during their terms of office. (As amended by the Laws of 1896, Chapter 205). Section 4, Laws 1896, Chapter 205 : Wherever the word "Supervisors" occurs in said Chap- ter one hundred and eighty-two of the Laws of eighteen hundred and ninety-two it shall be deemed to apply to the supervisors of said city as a whole, or any one of them, as the case may be, except as in this act otherwise provided. Section 39. The city of Mount Vernon shall be con- sidered a town for the purpose specified in title three, chapter ten, article second of the Code of Civil Procedure respecting the selecting, drawing and procuring of jurors, and the supervisors of such city and assessor of said city shall execute the duties of the supervisor, town clerk and assessors of a town as prescribed by said article, and a du- plicate list of jurors selected by them shall be filed in the office of the clerk of said city. Of the assessors. Section 40. The assessors shall possess the powers and perform the duties of assessors of towns of this state in reference to the assessment of property within the city, ex- cept as otherwise herein provided. They shall assess all real property liable to taxation lying within the corporate limits of the city; and no real property lying in any adjoining town, village or city shall be assessed by them, nor shall any real property lying within the city of Mount Vernon be assessed by the assessors of an adjoining town, village or city. They shall make a separate assessment-roll for each ward. On com- pleting the assessment-rolls, which shall be done on or be- fore the first day of September of each year, they shall de- posit the same in the office of the city clerk. They shall then publish in the official city newspapers once in each week, for two successive weeks, a notice that the assessment- rolls are completed and deposited in the office of the city clerk where they may be examined by any person for twenty days next after the first publication of such notice ; and that the assessors will attend during the last five of said twenty days, exclusive of Sunday, at the office of the city clerk be- tween the hours of ten o'clock in the morning and nine o'clock in the evening to review their assessments. Such notice shall also be posted by hand-bills. The assessors shall have power, before and on such review to substitute the words "unknown owner" for the name of the owner of any property assessed by them when they shall not have been able to ascertain the name of the owner. For the valid as- sessment of any land it shall be sufficient to give the name of the owner, when known, the lot number, if any on any designated map, and the assessed value. An error in the name of the owner shall not invalidate the assessment. Dur- ing the said twenty days they shall review and correct said rolls, and within thirty days thereafter A^erify and deliver the same to the city clerk to be filed in his office. During the time the assessors are reviewing and competing said rolls they shall have the power to " insert therein any property liable to taxation, and the assessment therefor, w^hich may have been omitted therefrom, after first giving to the owner thereof personal notice in writing of not less than five days, to attend at a time and place to be therein stated, and show cause why any specified corrections shall not be made. The assessors shall also assess the expenses of all improve- ments named in section one hundred and eighty-one of title seven of this act, and the Common Council shall provide an office, at which one or more of the assessors, as deter- mined by the Common Council, shall -attend in relation thereto during such times as the Common Council shall pre- scribe. If the Common Council shall require the attendance of less than the whole number of assessors, the assessors shall designate which of their number shall attend. In ad- dition to the compensation to be paid such assessors, each of the assessors shall receive for the additional duties im- posed upon him by this act, such compensation as the Com- mon Council shall determine. For the violation of their duties such assessors shall forfeit to the city a penalty of two hundred and fifty dollars, to be recovered in the name of the citv. 23 Section 41. The Common Council shall be vested with the exclusive power to correct the assessment-roll in respect to taxes imposed by virtue of this act. The city clerk shall correct all clerical errors in the descriptions or valuation of property under the direction of the Common Council, and make a correct and exact copy of the assessment-roll so made as aforesaid, and certify the same to be correct and deliver the said copy to the supervisor of the said city, on or before the first day of November in each year, to be by him presented to the Board of Supervisors, as and for the tax roll of the city. Of the city clerk. Section 42. The clerk of said city shall have the cus- tody of the records, books and papers of the said city; he shall attend all meetings of and act as clerk of the Com- mon Council ; and he shall record in the manner prescribed by the said council their ordinances, rules, regulations, by-law% resolutions and proceedings, and the proceedings at elections and meetings of the inhabitants of said city, and perform such other duties as the Common Council may direct. The books and papers in the office of the said clerk shall at all times on demand, be produced for inspection to any taxable inhabitant of said city and upon like demand and the tender of fees at the rate of ten cents per folio there- for, he shall furnish copies of any papers or records filed with him as said clerk. Copies of all papers duly filed in his office, and transcripts from the records of said city, certified by him under the corporate seal, shall be evidence in all courts, and in all actions or proceedings, in like manner as if the originals were produced. His office is hereby declared a town clerk's office for the purpose of depositing and filing therein all books and papers required by law to be filed in the tow^n clerk's office, and he shall possess all the powers and discharge all the duties of a town clerk except so far as the same shall be inconsistent with other provisions of this act. He shall keep an accurate account of all moneys re- ceived by him belonging to the city and shall within ten days after the receipt of any money by him pay the same 24 over to the treasurer of the city, for which he shall take a receipt from such treasurer and file the same in his ofhce, and have all such receipts at all times ready for examination by the mayor, the Common Council or any member thereof. He shall also keep an accurate account of all expenditures by said city, which account shall be kept in such manner as the Common Council shall direct. All moneys shall be drawn from the treasury in pursuance of the order of the Common Council by a Avarrant upon the city treasurer, signed by the mayor or presiding officer of the Common Council and countersigned by the clerk and comptroller. Such warrant shall specify for what purpose the amount therein named is paid, and to what fund chargeable ; and the clerk shall keep an accurrate account of all warrants drawn on the treasurer in a book to be provided for that purpose, specifying the number of each warrant, the purpose for which issued and the number of the voucher and date of resolution upon which it is issued. The city clerk shall also act as clerk to the commissioner of public works. The city clerk shall receive for his services, payable monthly, a salary of two thousand dollars per annum. Before entering upon his duties the city clerk shall make and execute a bond to the city of Mount Vernon with sufficient sureties to be approved by the Common Council in a penal sum of three thousand dollars conditioned for the faithful discharge of his duties as such clerk. (As amended by the Laws of 1896, Chapter 692). Of the treasurer. Section 43. The treasurer shall receive all moneys di- rected to be paid into the treasury of said corporation and pay out the same, and shall render an account of the state of the finances to the Common Council when ordered by them, and shall deliver all books, papers and property of the corporation in his hands to his successor in office on demand. No money shall be paid by the treasurer, for any purpose, unless directed and appropriated by a previous vote of the Common Council, upon a draft signed by the city clerk and countersigned by the mayor for the time be- ing; and the treasurer, in his settlement with the Common 25 Council shall be allowed for no moneys except such as are paid out as above. It shall be the duty of the treasurer, during the month of April, in each year, to make a state- ment of his accounts, including all moneys received by him, whether of principal or interest, and the manner in which he has expended or disbursed the same, which statement shall be verified by his "oath and presented to the Common Council for their inspection and approval. It shall also be the duty of said treasurer to keep accurate accounts of all moneys received and disbursed by him as such treasurer in such manner and form, and subject at all times to such examination as the Common Council shall prescribe. (As amended by the Laws of 1903, Chapter 165). AMENDMENTS. Section 3 of Chapter 165 of the Laws of 1903. Section 3. At the next general election to be held in said city of Mount Vernon, there shall be submitted to a vote of the duly qualified voters of said city, the question of the compensation of the mayor, aldermen and treasurer of said city; and for this purpose the city clerk shall provide and deliver to the inspectors of election at each of the poll- ing places in said city, before the opening of the polls on the day of said election, sufiicient printed ballots for the use of the electors to vote on this question, which ballots shall be endorsed "amendments to the city charter," and shall, as the same are voted, be deposited in a ballot box, to be spe- cially provided therefore, marked ''amendments to the city charter." Upon the inside of such ballot shall be printed thre amendments or questions to be voted upon, to wit, the words, ''compensating the mayor and aldermen, and increas- ing the salary of the city treasurer." Opposite and before such amendments or questions so to be submitted, shall be printed two squares inclosed in ruled lines, one above the other. Preceding the upper one of such squares shall be printed the word "yes," and preceding the lower one of such squares shall be printed the word "no." And said ballots 26 shall, in all other respects, conform to section eighty-two of chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, as amended by chapter five hun- dred and ninety-eight, of the laws of nineteen hundred and one. The inspectors of election of said city shall, at the close of said election, canvass the said votes, and make a certificate thereof, and immediately file the same with the city clerk of said city. The Common Council of said city shall convene on the day following said election, at eight o'clock in the evening, at which time the said certificates from each polling place shall be produced, and shall forth- with proceed to canvass such certificates; and thereupon shall cause a statement of such canvass to be entered in full on their minutes, showing the result of such election. In case a majority of the votes cast at said election shall be in favor of said amendments or questions voted upon, the Common Council shall thereafter cause to be paid to the mayor of said city an" annual salary of one thousand dollars per annum, and to each alderman, an annual salary of five hundred dollars per annum, and to the city treasurer, an annual salary of one thousand dollars per annum, such sal- aries to be payable monthly. In case a majority of the votes cast at said election shall be against such amendments or questions, the salary of the city treasurer of said city shall continue to be the sum of five hundred dollars per annum, and shall thereafter be paid by said Common Council month- ly to such ofificer and until the time for holding the next general election in said city the salary of the said city treas- urer shall be at the rate of five hundred, dollars per annum, and to be paid by said Common Council monthly to such officer. (The result of such election was in favor of payment of such salaries. See mmutes of citv clerk. Book 29, page 398). Of the receiver of taxes. Section 44. The receiver of taxes and assessments within fifteen days after his election, shall make and execute as such, a bond to the city of Mount Vernon, with sufficient sureties, who shall be freeholders within and residents of 27 the city, in a penal sum of twenty thousand dollars condi- tioned for the faithful discharge of his duties, and that he will account for and pay over all moneys received by him as sucTi receiver, which bond must be approved by the Com- mon Council and filed with the city clerk before he enters upon the duties of his office. Such bond shall be a lien up- on the real estate of the said receiver and his respective sureties, until cancelled and discharged. The salary of the receiver of taxes and assessments shall be at the rate of two thousand dollars per year. ^Section 45. The Common Council shall provide an office for the receiver of taxes and assessments at which he shall receive payment of taxes and assessments. Such office shall be kept open daily, Sundays and legal holidays alone excepted, from nine o'clock in the morning until four o'clock in the afternoon, and for one month after receipt by him of any warrant for collection of taxes, from eight o'clock in the morning until eight o'clock in the evening. Section 46. The receiver of taxes and assessments shall have power to appoint as deputy receiver of taxes and assessments a person approved in writing by the sureties of the receiver of taxes and assessments. He shall possess the powers of the receiver of taxes and assessments. The re- ceiver of taxes and assessments and his bondsmen shall be responsible to the city for the acts of said deputy. The ap- pointment, the approval of said sureties thereto, and the oath of office of said deputy, shall be filed with the city clerk. The compensation of said deputy receiver shall be paid by the receiver of taxes and assessments, who may re- move him at pleasure. Section 47. The receiver of taxes and assessments, upon receiving any warrant for the collection of taxes or assessments, shall cause to be published once a week for four successive weeks, in the official city newspapers, a no- tice that he has received such warrant. Such notice shall designate his office hours, the place where he will attend to receive taxes or assessments, and the rate of interest, and 28 the percentage to be paid thereon. (As amended by the Laws of 1904, Chapter 128). Section 48. The receiver of taxes and assessments shall receive all taxes and assessments for the collection of v^hich warrants shall be issued to him. All provisions of law relating to collectors of towns, not inconsistent with this act, shall apply to the receiver of taxes and assessments,, except that he is not required to call personally upon or at the place of residence of any person to demand payment of a tax or assessment, and that he shall not levy taxes or as- sessments by distress and sale. The receiver of taxes and assessments shall deposit daily with the city treasurer all moneys received by him by virtue of any warrant, and take receipts m duplicate therefor. Section 49. The said receiver must enter daily, in suitable books to be kept for that purpose, the sums re- ceived by him for taxes, assessments, interest, percentage, the expense of publication, .respectively, in separate columns opposite the name of the person from whom received, and each day's receipts must be kept separately; and on the first day of each month, he shall make a report thereof to the Common Council, containing a transcript therefrom, and showing in detail the daily amount of taxes, assessments and interest entered respectively opposite the names of the persons from whom received. The receiver must enter on the tax-rolls and assessment-lists, as taxes and assessments are paid, in a column opposite the name of the person or the property assessed, the word "paid" and the date of pay- ment. (As amended by the Laws of 1901, Chapter 202). Section 50. If the receiver of taxes and assessments shall not pay all moneys received by him, as directed to be paid, or shall neglect or refuse to exhibit his books and ac- counts to the mayor, or any person designated by him, or to do any act lawfully enjoined upon him the mayor shall forthwith suspend the said receiver from office, and call a special meeting of the Common Council, to be held within three days thereafter, at which meeting he shall report such suspension and his reasons therefor. Upon such suspen- 29 sion the mayor shall forthwith take possession of the office of said receiver, and of all his warrants, books and papers, and shall appoint a person to perform the duties of his of- fice protempore. At the time of making such appointment the mayor shall take from the person so appointed a bond, in the same form and with like penalty and sureties as is re- quired from the receiver of taxes and assessments, which bond shall be approved by him, and filed with the city clerk, and the provisions of this act as to the duties, powers and liabilities of the receiver of taxes and assessments shall apply to any person so appointed and to his sureties. Section 51. Within fifteen days after the time speci- fied in any warrant for its return, or if the time of its return be extended, then within fifteen days from the time to which its return shall have been extended^ the receiver of taxes and assessments shall make and deliver to the Common Council a return of all taxes or assessments mentioned in the tax-roll or assessment-list remaining unpaid at the time of making such return; and upon making oath that the sums mentioned in said return remain unpaid, he shall be credited by the Common Council with the amount thereof. Two per centum shall be added to the several sums of unpaid taxes and assessments so returned, which shall become a part of and collected with such unpaid taxes and assess- ments, and shall go to the credit of the city. The receiver of taxes and assessments may receive payment of taxes and assessments under such warrant until the delivery of said return to the Common Council. Section 52. The receiver of taxes and assessments shall, on the first day of May in every year, present to the Common Council a detailed statement of his accounts show- ing separately all the moneys received by him on such war- rant during the preceding year, for what purposes, and the amount remaining unpaid under each warrant, which ac- count shall be verified by his oath, and accompanied with vouchers for all moneys paid by him. Section 52-a. The comptroller, within thirty days from the fifteenth day of June, nineteen hundred and two. 30 shall appoint a clerk of arrears of taxes and assessments, who shall have an annual salary of fifteen hundred dollars per year. It shall be the duty of the clerk of arrears of taxes and assessments to tabulate and enter in proper form in a book, or hooks, to be kept for that purpose, in the of- fice of the receiver of taxes and assessments, a number, rec- ord and description of each lot, piece or parcel of land sub- ject to tax or assessment within the city of Mount Ver- non, with the name of the reputed owner, owners or occu- pant, if known, and if the n^me of the owner or owners can- not be ascertained, then the said lot, piece or parcel of land shall be designated and described therein as unknown. It shall be the duty of the clerk of arrears of taxes and assess- ments to enter opposite each such lot, piece or parcel of land in a detailed form all taxes and assessments, with the pen- alty and expenses due against each of the said lots, pieces or parcels of land, together with a statement of the rate of in- terest on each item thereof, together with the date from which said interest accumulates up to and including July first, nineteen hundred and two, and to continue such rec- ord, adding thereto from time to time all arrearages of taxes and assessments as the same shall accrue. The said rec- ords of the clerk of arrears of taxes and assessments shall not contain a statement of the last annual tax levied, but shall contain all other taxes and assessments levied against each lot, piece or parcel of land as hereinbefore provided. The said records of the clerk of arrears of taxes and assess- ments shall be open for public inspection on every week day, excepting Sundays and legal holidays, from nine oclock in the morning until four o'clock in the afternoon, and the city of Mount Vernon shall not compute interest charges upon arrearages of taxes or assessments, which any owner of real property may discover to exist against his property in the said city, from the date when the clerk of arrears of taxes and assessments certified the condition of said property to said owner, provided that upon said date the said arrearages of taxes and assessments should have appeared upon the records of said clerk, but were negligently or without sufifi- 31 cient excuse omitted from said records by the clerk, or omTt- ted from his gaid certificate. The Common Council of the city of Mount Vernon is hereby authorized to expend the sum of fifteen hundred dollars, in addition to the salary of the said clerk of arrears of taxes and assessments, for the purpose of preparing the book or books of his ofifice, and for the purpose of making the initial record of the taxes and assessments with the penalties, interest and expenses due against the several lots, pieces or parcels of land as afore- said, up to and including July first^ nineteen, hundred and two, and after the completion of said record the said clerk of arrears of taxes and assessments shall continue the same as hereinbefore provided. The Common Council may in its discretion expend the whole or any part of the said fifteen hundred dollars in advance of the appointment of the first clerk of arrears of taxes and assessments under this act. The clerk of arrears of taxes and assessments shall in the case of the temporary disability or absence of the comptroller, during the continuance of the said disability or absence, perform the duties of the ofHce of comptroller, and shall hold ofBce during the pleasure of the comptroller. The comptroller and his bondsmen shall be responsible to the city for the acts of the clerk of arrears of taxes and assess- ments, and the comptroller shall appoint to the ofifice of clerk of arrears of taxes and assessments only a person ap- proved in writing by the said comptroller's sureties. All receipts for taxes and assessments, and for arrears thereof, whether given by the receiver of taxes and assessments or by the clerk of the city of Mount Vernon, shall be issued in triplicate, from a book of receipts to be furnished by the Common Council and so made that one original and two carbon copies of each receipt may be made by one writing. One of the said carbon copies shall remain in the said book^ and the other shall within twenty-four hours after its issue be delivered by the receiver of taxes or the clerk of the city of Mount Vernon, as the case may be, at the ofifice of the clerk of arrears of taxes and assessments, and shall be filed therein by the said clerk of arrears of taxes and assessments, 32 who shall immediately upon its receipt enter upon his books the payment of the taxes or assessments in question. . The said receipts shall be arranged in form so that the amount received for taxes, assessments, interest, expenses and pen- alties shall be separately noted thereon in individual col- umns or spaces. (Amended by the Laws of 1902, Chapter 610). Of the justices of the peace. Section 53. The justices of the peace elected under the provisions of this act shall have all the powers and jur- isdiction, discharge the duties, and be entitled to the fees and compensation of justices of the peace of the sev- eral towns in this state; but no justice of the peace shall have any criminal jurisdiction, except while acting as city judge. The city clerk's office shall be substituted in the place of the town clerk's office, in all proceedings and mat- ters connected with justices of the peace. Of the constables. Section 54. The constables shall have the same power and perform the same duties only in civil actions, matters and proceedings as constables of towns, and shall be en- titled to like fees therefor. They shall have no powers in criminal matters. Before entering upon the duties of his office, each constable shall execute, with two sureties to be approved by the mayor, an instrument in writing, and file the same with the city clerk, by which said constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as said constable may become liable to pay on account of any warrant, execution or other precept which shall be delivered to him for service or collection, and that he will faithfully perform the duties of his office. All ac- tions on any such instrument shall be prosecuted within one year from the expiration of the constable's term of office; and an action may be maintained thereon by and in the name of any person entitled to money collected by virtue of such warrant, execution or precept, or who may have 33 sustained damages by default or misconduct of such con- stable. A copy of such instrument, certified by the city clerk, under the corporate seal of the city, shall be presump- tive evidence in all courts of this state of the execution of the same by the constable and his sureties. OF THE CITY COURT. Section 55. There shall be within the city of Mount Vernon a court of record, which shall be known as the city court of Mount Vernon, with the powers and jurisdiction as hereinafter provided. Jurisdiction of the city court of Mount Vernon. Section 56. The city court of Mount Vernon shall have jurisdiction extending to the following civil actions : 1. An action against a natural person, or against a foreign or domestic corporation wherein the complaint de- mands a judgment for a sum of money only, or to recover one or more chattels, with or without damages for the tak- ing, withholding or detention thereof. 2. An action to foreclose or enforce a lien upon real property in the city of Mount Vernon, created as prescrib- ed by statute in favor of person who had performed labor, or furnished materials to be used in erecting, altering or repairing a building, building lot, or appurtenances there- to, including fences, sidewalks, paving, wells, fountains, fish ponds, ornamental and fruit trees, and every other improve- ment to a building or building lot. 3.- An action to foreclose or enforce a lien for a sum not exceeding one thousand dollars, exclusive of interest upon one or more chattels. Section 57. The jurisdiction conferred by the preced- ing section, in any action commenced in said city court, is subject to the following limitation and regulations : I. In an action wherein the complaint demands judg- ment for a sum of money only, the sum for which judgment is rendered in favor of the plaintift can not exceed one thou- sand dollars, exclusive of interest and costs as taxed ; ex\:ept where it is brought upon a bond or undertaking, given in 34 an action or a special proceeding in the same court or be- fore the city judge. Where the action is brought upon a bond or other contract the judgment must be for the sum actually due, without regard to the penalty therein con- tained ; and where the money is payable in installments suc- cessive actions may be brought for the installments as they become due. 2. In an action to recover one or more chattels a judgment cannot be rendered in favor of the plaintiff for a chattel or chattels, the aggregate value of which exceeds one thousand dollars. 3. The court has no jurisdiction of an action against an executor or administrator in his representative capacity. 4. The court .has no jurisdiction of an action unless one of the parties thereto resides in the city of Mount Ver- non, or a warrant of attachment is granted to accompany the summons and levied upon property of the defendant within that city ; or the action be for the recovery of a statu- tory penalty or penalties by the city of Mount Vernon, or any of its officers or boards of commissioners. Section 58. The jurisdiction and power of said court in special proceedings is the same within the city of Mount Vernon as is by law conferred on the county court of West- chester County, within said county^ except that said city court has no appellate jurisdiction. Section 59. That said court shall have power to issue process of subpoena, and thereby to require the attendance of witnesses residing or being in any part of the state, to testify in any manner, proceeding or action before said court and also to issue attachment to bring into court from any place where they shall be found, any such witnesses who shall have failed to obey the requirements of any such sub- poena. Section 60. The summons in an action brought in the said court may be served at any place within the county of Westchester, but not elsewhere. Section 61. In any action commenced before a justice 35 of the peace within the city of Mount Vernon, the justice before whom such action shall be pending, upon the appli- cation of the defendant in such action, shall make an order removing such action at any time after issue, joined and before trial, in the city court, upon the said defendant exr ecuting to the plaintiff an undertaking in a penalty not ex- ceeding two hundred dollars, with one or more suf&cicnt sureties, to be approved by the city judge of Mount Vernon, or by the justice before w^hom such action is pending, con- ditioned to pay to the plaintiff the amount of any judgment that may be awarded against the defendant by said city court in such action, and thereupon the said city court shall have the same jurisdiction in said action as though the same had originally been brought in said city court. It shall be the duty of such justice of the peace to file said order, and the pleadings or copies thereof in said action, in the office of the clerk of the city court. Criminal jurisdiction. Section 62. The city judge shall have criminal juris- diction as follows : He shall have and possess all the powers and jurisdic- tion conferred by law upon recorders of cities and shall also have and possess the same jurisdiction and powers possessed by a single justice of the peace^ or by two justices of the peace in towns in criminal matters. He shall have power to hear all complaints and to take all examinations in criminal cases ; to hold courts of special sessions, with all the powers and jurisdiction of such courts as regulated by statute; to try, convict and sentence all persons Avho may be guilty of any offence triable by courts of special sessions, and except in case of his absence from the city, or inability, from sick- ness or other causes, to act, his jurisdiction shall be ex- clusive of any justice of the peace or other officer of said city. Designation of acting city judge. Section 63. In case of sickness, absence from the. city, disability or inability of the city judge to act, his powers, 30 duties and jurisdiction in criminal matters or proceedings only, are hereby conferred and imposed upon a citizen re- siding in the city of Mount Vernon, who may be designated by the mayor of said city, as hereinafter provided. And it shall be the duty of the mayor of said city, each year to des- ignate an attorney and counselor-at-law, who shall be a resi- dent of and practising law in said city, and have his office therein, who shall act in criminal matters or proceedings only in the absence, disability or inability of the city judge, to act therein. (As amended by the laws of 1901, Chapter 202). Section 64. If any warrant issued by the city judge shall be returned during his absence from the city or during his inability to attend to the duties of his office, any further proceedings may be had on such warrant before the justice of the peace designated as hereinbefore provided; and such justice having once obtained jurisdiction over any matter, may retain it and proceed to the determination thereof, and shall be entitled to receive for his services the same fees that justices of the peace are entitled to receive, to be audit- ed, allowed and paid in the manner herein provided. Section 65. All fines imposed and collected by the city judge, or the justice of the peace acting during the inability of the city judge as hereinbefore provided, shall be paid to the city treasurer once in each month. The city judge shall keep an account of all such fines, and of all criminal business done by him, which shall be a county charge, and shall an- nually at the time of presentation of claims against the county of Westchester present the same to the Board of Supervisors of said county, which board shall audit it to the city of Mount Vernon and levy the same as county charges. The criminal docket of said judge shall contain a record or brief statement of all convictions before him and shall be open to public inspection during office hours. (As amended by the laws of 1896, Chapter 692). Of the city judge. Section 66. The city judge shall l^e the judge of the city court of Mount Vernon and shall be a person of the degree of counselor-at-law. He shall have, within the city of Mount Vernon, the powers of a justice of the supreme court •at chambers, and all the powers which the county judge of Westchester County hath by law within said county. He shall also have the same jurisdiction and power as a justice of the peace of towns. Removal of causes of action. Section 6j. If it shall at any time appear by affidavit that the city judge is legally incompetent, incapacitated or forbidden by law to sit upon the trial or hearing of any action or special proceeding pending in the city court or before him, on notice to both parties, an order shall be granted and entered with the clerk of said court, removing such action or special proceeding to the county court of Westchester county, or to the county judge of said county, as may be proper, which order shall specify the cause and reason for making such removal, and a certified copy of such order must be filed in the office of the clerk of West- chester county, and thereupon it is removed into said county court, or before such county judge, as provided in such order, and the subsequent proceedings therein must be the same as if it had been originally brought in said county court, or before the said county judge, except that the costs recovered by the successful party shall be costs only as might have been recovered in the city court or before the city judge. Section 68. The supreme court may by an order issued at any time after joinder of issue of facts and before the trial thereof, remove to itself an action or special proceed- ing pending in the city court, for the purpose of changing the place of trial or hearing thereof. A certified copy of the order must be filed in the office of the clerk of said court, and thereupon it is removed into the supreme court; and the subsequent proceedings therein must be the same as if it had been originally brought in the supreme court.. Section 69. An order for the removal of an action or 38 Special proceeding, as prescribed in the' last section, can be made only upon notice, and at a special term of the supreme court held within the second judicial district, aiid in a case where an order changing in like manner the place of trial or hearing would be granted if the action or special pro- ceeding was pending in the supreme court. Section 70. An appeal from an order made upon such a motion must be taken and heard in like manner^ as if the action or special proceeding was pending in the supreme court, and triable in the county of Westchester. Such an appeal from any order made upon such a motion, brings up to the general term, and thence to the court of appeals (if the order is appealable to that court), all questions which were before the special term, and the appellate tribunal must dispose of the same as if they were originally presented to it. Sectional. An order to stay proceedings, for the pur- pose of affording an opportunity to make the application for removal, and a change of place of trial as aforesaid^ may be made by any judge authorized to make an order to stay proceedings, either in the court where the action is pend- ing, or in the supreme court, and with like effect and under like circumstances. Summons, pleading, practise, terms of court, etc. Section 'J2. All actions brought in the city court of Mount Vernon, shall be commenced by the service of a summons of like form as in the supreme court, except that the time specified in the summons, within which the defend- ant shall be required to answer the complaint, shall be six days instead of twenty. Section 73. A party to an action in said court may answer or demur to any pleading, or may reply to an an- swer within six days after the service of a copy of the plead- ing to which he answers, demurs or replies. Section 74. The forms of process, pleading and pro- ceedings and the manner of pleading and procedure pre- scribed by the Code of Civil Procedure for actions, pro- ceedings and remedies in the courts of records, shall be 39 used in said city court, as near as may be, except as other- wise provided by this act. Section 75. A notice of trial shall be served at least five days before the day named therein as the day of trial, and a notice of motion shall be served not less than two days before the time named therein for a hearing, except where the notice is served by mail, in which case the notice of trial shall be not less than seven days, and the notice of motion not less than four days. The judge of the city court may, however, by order, prescribe a shorter time for such notice for cause shown in any case. Section y(y. When any motion shall be noticed for hear- ing or action, noticed for trial, a, note of issue of such action or such motion shall be filed with the clerk at least two days before the day of the hearing or trial; and the clerk shall thereupon place the same upon the caendar for the day named. The same shall remain upon the calendar till heard, tried or otherwise disposed of by order of the court or city judge. Section "jj. The city court shall be open every day for the transaction of business," except Sundays and legal holidays, from half-past nine in the forenoon until the city judge shall order the adjournment of the same, and any motion in said court or before the city judge may be no- ticed for hearing for any such day. The city, judge may by rule designate terms for the trial of issues in actions in said court, not less than one in each week, and any action in said court may be noticed for trial at any such designated terms. * Section 78. No process issued, or suit or proceeding pending in said city court of Mount Vernon shall be dis- continued by reason that the court shall not be held on any stated day, but such process shall be deemed returnable, and such suit or proceeding shall be deemed continued to the next day on which the court shall be held. Section 79. Iji all cases tried before the city judge without a jury he shall render and file with the clerk of said 40 court his decision in writing within twenty days after the same shall have been finally submitted to him for determin- ation. Should he refuse or neglect to render the decision within the time the action shall not abate, nor be deemed discontinued; but at any time after the lapse of twenty days, and before the filing of such decision either party may again notice the action for trial, and immediately file a note of issue ancl a new trial may thereupon be had. Section 80. The said city court of Mount Vernon shall have power to grant new. trials and open defaults in the same manner as such relief may be had in the other courts of record. Section 81. The general rules of practise adopted pur- suant to section seventeen of the Code of Civil Procedure shall apply to proceedings and actions in said court, as far as they may be applicable, and the city judge may make such other rules for said court as are not inconsistent there- with. Section 82. A motion for judgment on the answer and for like causes as allowed by the Code of Civil Procedure, may be made on a notice of not less than two days. Section 83. Except the summons, every process and mandate shall be directed either to the sherifif of the county of Westchester, or to the marshal of the city court of Mount Vernon. Section 84. The only modifications and limitations up- on the application and efifect of the Code of Civil Procedure in relation to actions and proceedings in said court are the provisions of this act. Jurors and jury trials. Section 85. Trial by jury shall be deemed and taken to be waived by the parties, unless such trial by jury shall be demanded at the first call of the action upon the calen- dar for trial after due notice of trial. But such jury trial having been demanded may be afterward waived by the party demanding the same. 41 Section S6. The party in whose favor a verdict shall be given by the jury shall, before the entering of judgment, pay to the clerk of the city court the sum of six dollars, which shall constitute a fund called jury fund, out of which jurors shall be paid, with the sheriff's or marshal's fees for summoning the jury. Section Sy. It shall be the duty of the assessors of the city of Mount Vernon^ on the first Monday in July in each and every year, to select from the names of those assessed on the last assessment-roll of the city of Mount Vernon, all suita'ble persons to serve as jurors and otherwise quali- fied by law, and not legally exempt. Duplicate lists of the per- sons so selected with their respective additions and place of residence shall be signed by said assessors, and one of said lists shall be filed with the city clerk and one thereof shall be filed with the clerk of the city court. As soon as such list shall be filed with the clerk of the city court, the city judge shall give notice by publication in the official city newspapers, published in such city of Mount Vernon^ that the jury list of said court has been filed and that on a day and hour named by him not less than seven days after the publication of said notice he will attend at the city court room to correct the same, and on such day he shall attend and receive evidence of exemption in the same manner as authorized by courts of record, and no juror who does not then furnish proof of a legal exemption shall thereafter be allowed to claim exemption when he shall be drawn and summoned for jury duty. The names of persons found ex- empt by law shall be struck from the list, and the ground of exemption recorded. When the lists have been correct- ed and completed they shall again be filed with the city clerk and the clerk of the city court, respectively, and the said clerk of the city court shall carefully write the names, additions and residence of each of said jurors so remaining upon said lists upon ballots as near as possible of like size and color, writing one name on each ballot, and shall safely keep the same in a box to be prepared for that purpose. Section 88. When the attendance of jurors in said city I 42 court shall be required the said city judge shall publicly draw from the said box the names of forty-eight of said jurors, in the presence of the clerk of the city court, and such others as may be in attendance, and the clerk of the city court shall enter the names thereof upon the minutes of said city court, and the ballots drawn shall be destroyed. (As amended by the laws of 1896^ Chapter 692). Section 89. The said city judge shall thereupon im- mediately issue his order in writing, either to the sheriff of the county of Westchester, or to the marshal of the city court of Mount Vernon, directing him to summon the per- sons so drawn to attend at the city court, at the time and place to be therein named, to try such cases as shall be given them in charge. Any action for which a jury shall have been demanded shall be tried before a jury of twelve men^ to be selected from those so summoned, who attend in man- ner aforesaid, who shall be drawn therefor in the same man- ner as juries are drawn in other courts of record. Such jurors so summoned shall be required to attend for the trial of all actions in said court (the trials of which are commenc- ed in) not exceeding four. successive days. Section 90. Jurors in the city court of Mount Vernon shall be drawn at least six days before the day when they shall be summoned, and notified to attend at least four days before the day when they shall be required to attend. Section 91. The court may order the sheriff or mar- shal to summon from the bystanders, or from the city at large, so many persons qualified to serve as jurors as shall be sufficient, whenever a sufficient number oi jurors duly drawn and summoned do not appear or cannot be obtained to form a jury. Section 92. Whenever a panel of jurors shall have been drawn and summoned in said court, and shall there- after be discharged, it shall be the duty of the clerk of said court to return to the jury box the names of all such jurors as have not been actually impaneled for the trial of an action, and when so returned to such box, they may 43 again be drawn in the same manner as though such names had not been previously drawn therefrom. Section 93. Every juror who shall actually sit on the trial of an action in the city court shall receive the fee of twenty-five cents, to be paid to him by the clerk of the city court out of the jury fund. Section 94. Each juror who shall be actually empanel- ed, and shall sit as juror on the trial of an action in said city court shall be entitled to a certificate under the seal of said court certifying to such fact, and such certificate shall exempt such juror from service as juror, in any court held in and for the county of Westchester, for the calendar year in which he shall have served. Section 95. When any juror shall be fined for non- attendance in said court, and an order shall have been en- tered, imposing such fine, it shall be the duty of the city judge of Mount Vernon, and the clerk of the city court of Mount Vernon to issue process under seal of said city court of Mount Vernon, to the marshal of the city court of Mount Vernon or to the sheriff of Westchester county, command- ing him to collect of the several persons named in the sched- ule thereto, to be annexed, the several sums of money set opposite their names respectively, and to pay over the same to the treasurer of the city of Mount Vernon, and at the time of collecting such fines to notify such persons respec- tively that if they have good reason to show for remitting such fines they may show the same to the city court on any day when the said court shall be sitting, and it shall be the duty of said judge and clerk to annex to such process a schedule containing in separate columns : First, the name of the persons fined; second, their respective residences; third, the amount of fine imposed upon each, and, fourth, the cause of the fine, which schedule shall be certified by said judge and clerk to be correct abstracts of the several orders imposi^^ig such lines. The officer to whom such pro- cess is directed shall proceed to collect such fines respec- tively of the several persons named in such schedule by levy and sale of the personal property of such persons as 44 Upon executions against property in civil actions^ and shall be entitled to collect the same fees ; and in case such officer shall not find sufficient personal property of any person so fined to raise the amount of his fine, he shall take the body of such person and detain him in custody, or commit him to the county jail until he shall satisfy such fine, in the same manner as upon execution against the body in civic cases, and he shall be entitled for his services to like fees. Section 96. Whenever the whole list of jurors whose names shall remain upon the jury list shall have been drawn for jury duty the lists may again be used in the manner aforesaid unless the assessors shall then have filed a new list. Of the marshal. Section 97. There shall be a marshal of the city court of Mount Vernon, who shall be appointed by the city judge, by his appointment in writing, to be filed with the city clerk, who shall, before entering upon the discharge of his duty, take, subscribe and file with the city clerk the con- stitutional oath of office. He shall also execute an official bond, with at least two sufficient sureties, to be approved by the city judge, in which he and his sureties shall jointly and severally agree to pay each and every person who may be entitled thereto all such sums of money as the said marshal shall become liable to pay on account of any ex- ecution or attachment delivered to him. The said bond shall be filed with the city clerk, and may be prosecuted by any person who shall suffer any loss by reason of the de- fault or doing of said marshal in the discharge of the duties of his office. The said marshal shall, in said court perform the same duties as are performed by sheriffs in other courts of record and shall have power to execute all process of said court in the same manner as the process in other courts of record are executed by the sheriff. He shall hold office during the pleasure of the city judge, and the city judge may at any time, require him to file new bonds, and may suspend such m'arshal until such bonds are approved and filed. The salary of the said marshal shall be six hundred 45 dollars a year^ payable monthly. (As amended by the laws of 1901, Chapter 474). Section 98. All acts to Be done and performed by the sheriff may be done by the marshal of the city court, and all moneys paid by the Sheriff or marshal into the court shall be paid to the city treasurer to the credit of the action, and subject to the order of the court. The marshal of the city court of Mount Vernon shall have and possess the same powers in relation to all matters and proceedings in the court of special session of the city of Mount Vernon, and be empowered to perform the same duties therein as the sheriff of Westchester county^ or any constable or po- liceman of said city. Section 99. The said marshal shall be entitled to the same fees as the sheriff of Westchester County, for like services, to be paid by the party requiring said services, but the said marshal shall receive no fees or compensation for the service of any criminal process issued out of said city court, and it shall be the duty of the police officers of said city to execute all such process. (As amended by the laws of 1896, Chapter 692). Section 100. The marshal of the city court or the sheriff of Westchester county shall receive for summoning a jury the sum of two dollars, and for attending the court and jury in each case tried by jury, one dollar, which fees shall be paid by the clerk of said court out of the jury fund. Section loi. Whenever the jury fund shall not be suf- ficient to pay the marshal's fees, for service hereafter ren- dered, which are payable out of such fund, the clerk of the city court shall certify to the Common Council of the city of Mount Vernon the facts showing such deficiencies, and such Common Council shall cause to be paid, from time to time, to the clerk of the city courts out of the city treasury, the amount of such deficiencies as they shall occur. Of the clerk, his fees and duties. Section 102. The clerk of the city court shall be ap- pointed by the city judge, his appointment in writing to be 46 filed with the city clerk, and shall hold his office during the pleasure of the city judge. The clerk of the city court shall also be clerk of the court of special session in the city of Mount Vernon. His salary shall be at the rate of one thou- sand dollars per annum^ payable monthly. (As amended by Chapter 71, laws 1906). Section 103. The clerk of the city court may appoint a deputy who shall take the constitutional oath of office, and file the same in the city clerk's office, and may then per- form the duties of clerk of the city court, in the absence or disability of the clerk to perform such duties, but he shall receive no fee or salary from the city. Section 104. There shall be paid to the clerk of the city court the following fees: In all actions where the amount claimed in either pleading shall be fifty dollars or more, one dollar for every trial in said court, and one dollar for entering judgment; where the amount claimed shall be less than fifty dollars, there shall be paid to said clerk fifty cents for every trial and fifty cents for entering judgments. The trial fee shall be paid before the action is placed on the calendar. For every transcript of judgment the clerk's fee shall be twenty-five cents. Section 105. All fees (or fines),' paid to the (city judge or to the clerk) of the city court, except jurors' fees, shall be paid over to the city treasurer to the credit of the city of Mount Vernon. The clerk of the said court shall keep an account of all moneys received by him, and the same shall at all times be open for inspection of the treasurer of the city. Section 106. All orders, papers, undertakings and judgment-rolls in actions in said court shall be filed in the office of the clerk of said court. Section 107. The said clerk shall keep in his office a judgment docket book, in which he shall docket all judg- ments rendered in said city court. Costs. Section 108. The following costs and allowances shall 47 be recovered by the prevailing party, in all actions, pro- ceedings and appeals under this act : 1. In an action, where, in neither pleading, the sum of fifty dollars or more is claimed, the prevailing party shall recover his disbursements, and if tried, ten dollars costs for each trial thereof in said court. 2. In all other actions and proceedings in said court the same costs and allowances as are now provided by law in actions and proceedings in the supreme court, except term fees, shall be allowed to the prevailing party. 3. On the. granting or denial of a new^ trial, or any motion in an action or proceeding, an amount not exceed- ing ten dollars may be allowed for costs of motion. 4. The appellant on reversal, and the respondent upon affirmance, or the dismissal of an appeal by the county court of Westchester County of a judgment of the city court of Mount Vernon or the city judge, shall be entitled to twenty- five dollars costs; and the prevailing party, on an appeal from an order shall be entitled to ten dollars costs. 5. On appeal to the general term of the supreme court, or to the court of appeals, the prevailing party shall be entitled to the same costs as provided by law, or other appeals to such court. 6. The prevailing party shall be entitled to his taxable disbursements. Section 109. The clerk of said court shall, on two days' notice, adjust and tax the costs and disbursements of the prevailing party, and the amount shall be included in the judgment, but the same shall be subject to re-taxation on motion to the city court. Of transcripts, enforcement of judgments. Section no. A transcript of the docket of any judg- ment of the city court, when issued by the clerk of said court, under the seal of said court, may be filed in the of- fice of the clerk of any county in the state, and such judg- ment shall thereupon be docketed in such county, and the same shall thereupon have the same effect, and may be en- 48 forced in the same manner, and the same proceedings may be taken thereon, with Hke effect in all respects, as if such judgment had been rendered in the supreme court and first docketed in the office of the clerk of such county. Section iii. When a transcript of the docket of any such judgment shall be filed in the office of ,the clerk of Westchester County, and there docketed, the same may be enforced at the election of the judgment creditor or either by proceedings in the city court of Mount Vernon or before the city judge, or by proceedings before the county judge of W^est Chester County, or in the county court of West- chester County. Section 112. Whenever an execution against proper- ty of a judgment debtor upon a judgment rendered in said city court shall be returned unsatisfied in whole or in part by the sheriff of Westchester County, or by the marshal of the city court of Mount Vernon, and the debtor shall reside in the county of Westchester, the same proceedings may there- upon be had before the city judge of the city of Mount Ver- non, as could be taken before the county judge of the coun- ty of Westchester upon a judgment recovered in the county court of Westchester County, and upon the making in any such proceeding; by the city judge, of an order appointing a receiver of the property of the judgment debtor, a du- plicate of such order shall be filed and recorded in the office of the clerk of Westchester county with a like effect as of a similar order of the county judge of Westchester county in a supplementary proceeding wherein he had jurisdiction. Appeals. Section 113. In all cases tried before the city judge without a jury, if required by a party, appealing from the judgment rendered therein, the city judge shall, within ten days after service upon him of a notice in writing, make and file with the clerk of the city court his findings there- in of law and of fact, for the purpose of appeal. Section 114. Appeals from the judgments and orders rendered, entered or granted in the city court of Mount 49 Vernon, or by the city judge of Mount Vernon, may be taken as follows : I. From judgments in actions where a recovery of less than two hundred dollars is demanded in the complaint and from orders made in such actions in the city court of Mount Vernon, or by the city judge of Mount Vernon, of the effect described in the subdivisions of section thirteen hundred and forty-seven of the Code of Civil Procedure, the appeal shall be to the county court of Westchester coun- ty. From judgments in actions where two hundred dollars or more is demanded in the complaint, and from the orders made in such actions in the city court of Mount Vernon, or by the city judge of Mount Vernon, of the effect described in the subdivisions of section thirteen hundred and forty- seven of the Code of Civil Procedure, and from an order af- fecting a substantial right made in a special proceeding by the said city court or said city judge, appeals may be taken to general term of the supreme court in the judicial de- partment in which the city of Mount Vernon is situated. No appeal from any judgments of the city court of Mount Ver- non shall be taken in any case until a motion for a new trial shall have been made, and an order granting or denying the same shall have been entered and such motion may be made before or after judgment on the judge's minutes, or upon a case and exceptions. 2. All appeals provided for in this section must be taken by serving upon the attorney for the adverse party and on the clerk of the city court of Mount Vernon, by filing in his office a written notice to the effect that the appellant appeals from the judgment, order or from a specified part thereof; 410 security or undertaking shall be required to perfect an appeal from an order. To perfect an appeal in other cases except as specified in sections thirteen hundred and thirteen and thirteen hundred and fourteen of the Code of Civil Procedure a written undertaking must be executed on the part of the appellant by at least two sureties to the effect that the appellant will pay all costs which may be awarded against him. Such undertaking shall be of no ef- 50 feet unless acknowledged and accompanied by the affidavits of the sureties that they are worth at least the sum of two hundred and fifty dollars, and a copy thereof served on the respondent and the original filed with the clerk; and the re- spondent may within ten days, except to the sufficiency of the sureties, and unless they or other sureties justify on a notice of not less than five days before the city judge, as prescribed in section five hundred and eighty and five hun- dred and eighty-one of the Code of Civil Procedure. 3. Upon an appeal authorized by this section being taken and perfected, the clerk of the- city court of Mount Vernon shall, at the expense of the appellant, forthwith cer- tify and file with the clerk of the appellate court, a copy of the notice of appeal, judgment-roll, and case, if any made and settled (which case must be made and settled as cases of appeal are made and settled in .the supreme court), or if the appeal be from an order, a copy of the notice of appeal, order appealed from, and of the papers upon which the or- der was granted. 4. The appeal shall be heard upon the return thus filed, and the judgment or order appealed from may, by the appeallate court be affirmed, modified or reversed, as shall be just and proper, and when necessary and proper a- new trial granted. 5. The order or judgment of the appellate court shall be certified and remitted to the city court of Mount Ver- non to be enforced, and judgment thereon with costs, if any shall be entered in the city court of Mount Vernon only. 6. From the order of judgment of the general term of the supreme court, on appeals taken under this act, an appeal must be taken to the court of appeals, if allowed by the supreme court, by an order made by the general term, which rendered the determination, or at the next general term after judgment is entered thereupon. Said appeal shall be taken in the same manner as provided in the Code ctf Civil Procedure, for other appeals, to the court of appeals. From the order of judgment of the county court of West- chester county, on any appeal to it, taken under this act,. 51 an appeal must be taken to the general term of the su- preme court, m the same cases and in the same manner as provided by chapter thirteen, title three, of the Code of Civil Procedure, for appeals to the supreme court from an inferior court, except that the judgment rendered or order made by the supreme court must be certified and remitted to the clerk of the city court of Mount Vernon, in whose ofifice the judgment-roll or appellate papers must be filed, and the said judgment or order of the supreme court. must be entered. 7. Proceedings upon the judgment or order appealed from shall in no case be stayed except by giving an under- taking as required by this act, or by an order of the city court of Mount Vernon, or city judge, or as otherwise pro- vided in the Code of Civil Procedure. 8. All appeals under this act to the county court of Westchester county must be taken within thirty days after notice, in writing, of the entry of the order or judgment ap- pealed from. All appeals to the supreme court must be taken within sixty days after notice, in writing, of the entry of the judgment or order appealed from. All appeals to the court of appeals, must be taken within the time specified in section thirteen hundred and twenty-five of the Code of Civil Procedure. The Commissioner of Public Works. Section 115. Unless the common council otherwise orders, the commissioner of public works of the city of Mount Vernon shall have charge, supervision and control of all persons employed by said city and at work on the streets, avenues, highways, sidewalks, sewers, drains and public works of said city, he shall also have charge of all streets, avenues, sidewalks and highways of said city, and it shall be his duty to keep the same clean and in good repair. He shall superintend all work ordered by the Common Council, and shall report to the said Common Council at each regular meeting on the work done under his supervi- sion. He shall certify to the correctness of the pay-roll of 52 the employees of the city under his control, and shall ex- amine and report to the Common Council, at each regular meeting, on all bills or charges incurred for work done un- der his supervision. He shall make or cause to be made, all surveys, maps, plans, profiles and specifications for all work ordered by the Common Council whether said work is to be paid by assessment or a general tax, unless other- wise provided for by this act, but all of such surveys, maps, plans, profiles and specifications shall be submitted by him to the Common Council and shall be subject to the approval of said Common Council. (As amended by the Laws of 1896, Chapter 692). Section 116. All petitions for improvements must be filed in the office of said commissioner, and be submitted by him forthwith to the common council together with his report thereon. Section 117. All maps, plans, profiles, specifications, contracts and records relating to public improvements in said city, except those which by law or by order of the Com- mon Council are to be filed elsewhere, shall be filed in the office of the commissioner of public works. Section 118. Unless so otherwise ordered by the Com- mon Council, he shall locate all fire hydrants and all gas, naptha, electric and other lamps hereafter ordered by the Common Council; and he shall supervise the laying of gas and water-mains, and the making of connections therewith, and with sewers and drains, the laying of electric subways and the making of all other openings or excavations in any of the streets, avenues, highways or public places in said city. He shall supervise and regulate the erection of poles and other contrivances in said city, for the carrying of elec- tric conductors or any other purpose. No pole shall be erect- ed and no opening of any kind whatever shall be made in any of the streets, avenues, highways or public places in satd city without his written consent. Section 119. The said commissioner of public works IS hereby empowered to make, or cause to be made, all necessary tests to determine the quality and amount of the 53 light and water supply of said city; and it shall be his duty to report to the Common Council from time to time, and especially whenever required by said Common Council, the result of his investigations. Section 120. The said commissioner of public works, acting under ordinances adopted by the Common Council shall have power: First, to grant permits to connect with sewers and drains; second, to appoint one or more inspect- ors, by and with the consent and approval of the Common Council to see that such connections are made without detri- ment to such sewers or drains, or to the streets, avenues, highways, and public places in said city, and to see that all contracts with said city are faithfully performed; third, to grant permits for opening streets, avenues, highways and public places; and fourth, to remove incumbrances there- from; fifth, to appoint a sanitary inspector by and with the consent of the Common Council. Section 121. It shall be the duty of said commissioner of public works to supervise and carefully examine all work done under contract with said city, and to report thereon at such regular meeting of the Common Council. Section 122. The said commissioner of public works shall have the power to employ such men as may be re- quired to perform any public work not done by contract and to discharge them, the number to be employed at any one time to be subject to the direction and control of the Com- mon council. Section 123. The salary of the commissioner of pub- lic works shall be three thousand five hundred dollars per annum payable monthly. (As amended by Chapter 255, Laws 1905). Section 124. The Common Council are hereby au- thorized and empowered to add a sum not exceeding ten per centum of the whole cost, to the cost of each improve- ment to be paid for by assessments, as engineering and superintendence fees, such sum is to be levied, assessed and paid to the city treasurer. Section 125. The said commissioner of public works- 54 shall, before entering on the duties of his office, make, execute and file with the city clerk a bond to the city of Mount Vernon in a penal sum to be fixed by the Common Council and with two or more sureties who shall be free- holders within and residents of the city, to be approved by said Common Council, conditioned that he will faithfully execute the duties of his office and see that all work done under his supervision or that of his subordinates is faith- fully performed. Said bonds must be duly acknowledged and the sureties named therein must justify in at least double the amount thereof before the same can be approved and filed. Section 126. The Common Council may, in its discre- tion, deduct from the salary of the commissioner of pubHc works a reasonable sum for his absence from duty and may remove said commissioner for dereliction of duty upon writ- ten charges to be preferred by one or more members of said Common Council by a two-thirds vote of all the mem- bers of said Common Council. Counsel, duties and salary. Section 127. It shall be the duty of the counsel to the corporation to advise the commissioner of public works, when requested to do so, in writing. Section 128. The counsel to the corporation shall have charge and conduct of all of the law business of the city of Mount Vernon, its officers, departments and Boards of Commissioners, unless the Common Council shall express- ly provide otherwise in any particular case. The salary of the said counsel to the corporation shall be at the rate of five thousand dollars per annum. (As amended by the Laws of 1904, Chapter 695). Of Officers generally. Section 129. The Common Council may prescribe the powers and duties, and fix the compensation or fees of all officers elected or appointed under this act, except as is herein otherwise provided; but no salary shall be changed .during the term of office of any such officer. 55 AMENDMENTS. Section 3 of Chapter 165 of the Laws of 1903. Section 3. At the next general election to be held in said city of Mount Vernon, there shall be submitted to a vote of the duly qualified voters of said city, the question of the compensation of the mayor, aldermen and treasurer of said city; and for this purpose the city clerk shall provide and deliver to the inspectors of election at each of the poll- ing places in said city, before the opening of the polls on the day of said election, sufficient printed ballots for the use of the electors to vote on this question, which ballots shalt be endorsed "amendments to the city charter," and shall, as the same are voted, be deposited in a ballot box, to be specially provided therefor, marked "amendments to the cfty charter." Upon the inside of such ballot shall be print- ed the amendments or questions to be voted upon, to wit, the words, "compensating the mayor and aldermen, and in- creasin'g the salary of the city treasurer." Opposite and be- fore sucH amendments or questions so to be submitted, shall be printed two squares inclosed in ruled lines, one above the other. Preceding the upper one of such squares shall be printed the word "yes," and preceding the lower one of such squares shall be printed the word "no." And said bal- lots shall, in all other respects, conform to section eighty- two of chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, as amended by chapter five hun- dred and ninety-eight, of the laws of nineteen hundred and one. The inspectors of election of said city shall, at the close of said election, canvass the said votes, and make a certificate thereof, and immediately file the same with the city clerk of said city. The Common Council of said city shall convene on the day following said election, at eight o'clock in the evening, at which time the said certificates from each polling place shall be produced, and shall forth- with proceed to canvass such certificates; and thereupon shall cause a statement of such canvass to be entered in full on their minutes, showing the result of such election. In 56 case a majority of the \otes cast at said election shall be in favor of said amendments or questions voted upon, the Common Council shall thereafter cause to be paid 'to the mayor of said city an annual salary of one thousand dollars per annum, and to each alderman, an annual salary of five hundred dollars per annum, and to the city treasurer, an annual salary of one thousand dollars per annum, such sal- aries to be payable monthly. In case a majority of the votes cast at said election shall be against such amendments or questions, the salary of the city treasurer of said city shall continue to be the sum of five hundred dollars per annum, and shall thereafter be paid by said Common Council month- ly to such ofificer and until the time for holding the next general election in said city the salary of the said city treas- urer shall be at the rate of five hundred dollars per annum, and to be paid by said Common Council monthly to such officer. (The result of such election was in favor of payment of such salaries. See minutes of city clerk. Book 29, page 398). Section 130. No officer shall receive any penalty, fine or claim or other money for or due the city except the city judge, city clerk, or an officer having power by law to issue an execution to collect the same or authorized so to do by the Common Council. Such moneys and all fees, per- quisites and emoluments of salaried officers, and all other moneys received by city officers as such, and by the board of health and commissioners of excise, except as otherwise provided by this act, must be paid into the city treasury on or before the last day of the month in which received. Any person neglecting to pay any moneys into the city treasury, as in this section required, or receiving any money forbidden by this section to be received by him, shall be guilty of a misdemeanor. But nothing in this section contained shall be construed to prohibit the city clerk from receiving and retaining to his own use reasonable compensation, or such as fixed by the Common Council, for his services in making searches, furnishing certificates or copies of the records in his office or issuing permits. 57 Section 131. Every officer must report to the Com- mon Council in writing on the first day of every month, all moneys, fees, fines, or penalties received by him, for what received, and how disposed of. Every officer authorized to receive any moneys, fees, fines, or penalties must, before entering- upon the discharge of the duties of his office, make, execute and file with the city clerk a bond to the city, with sureties, in such penalty as shall be fixed by the Common Council. Such bond shall be conditioned for the faithful discharge of the duties of his office, and must be approved by the mayor, unless otherwise provided in this act. Title IV. Of the Assessment, Levying and Collection of Taxes. Section 132. The city clerk, under the direction of the Common Council, shall correct all manifest clerical errors in the description or valuation of property in the assessment- rolls. The Common Council shall thereupon confirm said rolls, and the city clerk shall make a correct copy thereof, certify the same and deliver it to the supervisor, to be by him presented to the Board of Supervisors at their next meeting. Section 133. The Board of Supervisors of Westchest- er county, at their annual meeting, after receiving a cer- tified copy of the said assessment-rolls, shall equalize the assessment-rolls of the several towns of the said county, as is provided by law, and by Correct principles ascertain, and by resolution declare and direct the amount of tax to be levied in the city for county, state and general purposes, and a copy of such resolution, certified by the chairman of said Board of Supervisors, and attested by the common seal of said county, shall be delivered to the supervisor of the city of Mount Vernon, whose duty it is to file the same with the city clerk, who shall present the same to the Common Coun- cil; and the Common Council shall thereupon levy the amount of the said tax as herein provided, and cause the said amount to be paid to the county treasurer, or to be deposited in such bank in the city as he may designate, on 58 the twentieth day of March in each year^ or as soon there- after as may be. Section 134. The Common Council is hereby em- powered to levy and raise money by tax, to be assessed upon the property, real and personal, liable to taxation within the city and upon the stockholders of banks, trust companies, and banking associations organized pursuant to law and lo- cated within the city, to be collected from the several owners of any real and personal property, and from such banks, trust companies and banking associations not to exceed in any one year as follows: 1. The surns directed by the Board of Supervisors of Westchester county to be levied within said city for state, county and other general purposes. 2. The principal and interest of the bonded indebted- ness of the city, namely the sum actually due the ensuing year which cannot be paid by the accuftiulation in the sink- ing fund. 3. To defray the ordinary and contingent expenses of the city the sum set forth in the annual current expense budget in the following mann^er : After the passage of this act, the commissioner of public works, the city judge, the city clerk, the comptroller, the corporation counsel, the re- ceiver of taxes and assessments, the city treasurer, the board of assessors, the board of health, the fire commissioners, the plumbing commisioners and all other boards of com- missioners requiring any expenditure of city funds shall each prepare and present to the Common Council on or be- fore the fifteenth day of January in each year, a full* and itemized statement or estimate of the necessary expenses of his or its office, department or board for the next fiscal year, and on or before the first day of March in such year, the Common Council shall review and enquire into the statements or estimates received from the several officers, boards and departments, above cited, and shall approve or reduce each of said estimates, and shall fix the amount which the public interest requires shall be expended by each of said officers, boards or departments. The Common 59 Council may also determine and fix in a detailed statement any other items of expense not hereinbefore included and which the public interest require should then be expended; such items to constitute and to be named in the budget a con- tingent fund. The Common Council may also include in such annual budget, a separate and fixed sum as an emergency fund, and to be used only in case of pestilence, contagious diseases, a devastation in the city which fund is not to be ex- pended only upon the recommendation of the mayor and with the approval of two-thirds of the Common Council. Within ten days after the annual budget has been fixed and determined by the Common Council, including the deduc- tions for the sums to be taken from the general fund and the current expense fund as hereinafter provided, the mayor shall approve the same or reduce or reject any item thereof, upon filing with the city clerk a written statement of his reasons for such rejection or reduction. After the mayor has fixed such statement reducing or rejecting any item, the said item if rejected shall not be included in the sum total of the expenses of the city to be raised by tax, but il the Common Council by a two-thirds vote of all members thereof taken at a meeting of the said Common Council held within ten days after the mayor has filed such written statement with the city clerk, shall overrule such rejection or reduction, and when the Common Council by such two- thirds vote shall overrule the rejection or reduction of any item upon such list of proposed expenses, the said item or items shall be restored in the same manner as if no action thereon had been taken by the mayor. If no item of said current expense budget shall be rejected or reduced by the mayor in the manner above prescribed, then the sum total of said current expense budget shall be the amount which the Common Council is authorized to raise by tax to de- fray the expense of the city; and if other items shall be re- jected or reduced by the mayor, and shall not thereafter be restored by the two-thirds vote of the Common Council in the manner above prescribed then the sum total of the current expense budget, less the sum total of the items re- 60 jected and the reduction made shall be the total amount which the Common Council is authorized to raise by tax to defray the expenses of the city for the next fiscal year, provided that in no year shall the total amount of the current expense budget as thus fixed exceed seven-eighths of one per centum of the value of the taxable real property of the city of Mount Vernon, as the said value is fixed and determined upon the books of the tax assessors of the said city, and pro- vided further that the amount fixed within the said current expense fund for the fire department of the said city shall not exceed one-fifteenth of one per centum, and that the amounts fixed therein for police and for public lighting shall not exceed three-twentieths of one per centum each of the value of the taxable real property of the said city as above determined. The Common Council is empowered to levy and raise money by tax to be assessed upon the property real and personal liable to taxation within the city, and upon the stockholders of banks and banking associations organized pursuant to law and located within the city, to be collected from the several owners of any real and personal property, and from such banks and banking associations during the year nineteen hundred and two not to exceed as follows: 1. The sums directed by the Board of Supervisors of Westchester County to be levied within said city for state, county and other general purposes. 2. To defray the ordinary contingent expenses of the city and for the expenses of the police department and of the fire department a sum not exceeding seven-eighths of one per centum of the value of the taxable real property of the city of Mount Vernon as the same is fixed and deter- mined upon the books of the tax assessors of the said city. And thereafter, beginning with the tax levied during the year nineteen hundred and three, the current expense bud- get of the city shall be fixed and determined as hereinbefore provided in this act, and nothing in this special provision re- lating to the tax to be levied in the year nineteen hundred and two shall be deemed to alter or modify the general pro- visions hereinbefore set forth. All moneys collected by tax 61 or assessment or otherwise for the expenses of the city government, or for any specific object or purpose whatever, shall be applied to the payment of such expenses, or for such object or purpose, and no other. It shall not be law- ful to apply any money collected or appropriated for one purpose to any other purpose, and the Common Council is forbidden to make any direction or order for such mis- appropriation ; the mayor approving" of, or any alderman voting in favor of, a resolution which shall be adopted mak- ing any such illegal appropriation of money, or any elected or appointed officer directing any such illegal act to be done, or doing such act, under such resolution shall be deemed guilty of a misdemeanor. (As amended by the Laws of 1902, Chapter 610). Section 135. Whenever any tax shall have been levied by the Common Council it shall cause to be apportioned and extended the gross sum so levied, opposite the several valuations of real and personal property appearing in the assessment-rolls, in conformity, as near as practicable, with the provisions of law in respect to the apportionment and extending of taxes by Boards of Supervisors; and when such apportionment shall be completed, it shall confirm the same; and the day, hour and minute of such confirmation shall be entered hj the city clerk in the minutes of the Com- mon Council, and from the moment of such confirmation the taxes so embraced in such rolls, as apportioned, shall be the first lien upon the property, respectively, against which the same is therein levied. The city clerk shall there- upon deliver the rolls to the receiver of taxes, with a warrant annexed thereto signed by the mayor, or by a majority of the members of the Common Council, directed to such re- ceiver, commanding him to collect the amount of said tax in the same manner ^s taxes are collected upon warrants issued by Boards of Supervisors to collectors of towns, ex- cept as in this act otherwise provided, and to make return thereof, and pay over the money, as therein directed, to- gether with all interest and percentage collected by .him. Such warrant shall be returned at such time as the Common G2 Council shall direct, which time may be extended from time to time by resolution of the Common Council. Section 136. No interest or percentage shall be charged upon any tax paid within one month from the first publication of the notice provided in section forty-seven of this act. To all taxes paid thereafter shall be added in- terest at the rate of eight per centum per annum from the first publication of said notice, which shall become a part of and be collected with said taxes. (As amended by the Laws of 1896, Chapter 692). Section 137. The taxes on any real estate occupied by a person or corporation other than the owner may be paid by the occupant, and he has the right to collect the amount thereof, if paid by him, from, or set ofif the amount thereof against, the claim of the owner for rent. Section 138. Every inhabitant of the city having in his possession or under his control, any taxable property, as trustee, guardian, executor or administrator, shall be taxable to the amount thereof, and may charge the tax, when paid, against the estate, of which he is trustee, guar- dian, executor, or administrator. Section 139. The Common Council shall have power to remit the tax on any property deemed by it to have been erroneously assessed, and to levy and assess the amount so remitted with the taxes of the following year. Section 140. Any tax levied upon shares of the capital stock of any bank or banking association shall be and remain a lien thereon until paid. Whenever the owner of any such shares of stock upon which a tax is or shall be levied shall omit to pay such tax, such lien may be enforced, and said tax wFth the interest and percentage thereon collected from the proceeds of the sale of the shares of the stock on which the tax was levied, by action, by the city, in any court having jurisdiction ; and the judgment in such action may direct the sale of such shares for payment of such tax, interest, percentage and costs, and may direct the payment of the same out of any dividends declared upon such shares of stock. 63 Section 141. Upon the application in writing of any person desiring to pay the tax or assessment on, or to re- deem from sale for any unpaid tax or assessment a part of any lot or land, or one or more lots of land, upon which, with other lots of land, a tax or assessment has been levied, the assessors shall apportion, in writing, the tax or assess- ment on such lot or lots of land, or the amount for which the same shall have been sold, between the land which the applicant desires to pay the tax or assessments upon, or to redeem, and the remaining part "thereof, and like proceed- ings may be had thereafter as" if the land had been separately assessed, and a separate amount of tax or assessment levied upon each. Such apportionment shall be filed with the city clerk. (As amended by the Laws of 1896, Chapter 692). Section 142. The Common Council may, from time to time, issue bonds of the city, to be known as "tax relief bonds," provided that no such bond shall be issued in excess of the amount of taxes remaining unpaid for the collection of which warrants shall have been issued. Such bonds shall be in such denominations, bear such interest, not exceeding the legal rate, and mature at such times, not exceeding three years from their date, as the Common Council shall pre- scribe, and shall be signed by the mayor and city clerk, and sealed with the city seal. The Common Council shall con- vert such bonds into money, at not less than their par value, or obtain temporary loans upon the same. When the amount of such bonds outstanding shall be equal to the amount of taxes remaining unpaid, the Common Council shall cause all moneys received for such unpaid taxes, and interest on the same, to be held exclusively for the payment of such bonds and the interest thereon, except as in this act other- wise provided. TITLE V. Of the sale of lands for non-payment of taxes. Section 143. Whenever a return of unpaid taxes shall be made to the Common Council, such taxes, with interest, percentage, and expenses of collection, shall be collected as hereinafter provided. 64 Section 144. The Common Council shall reject all taxes returned unpaid on lands imperfectly described, and make and file with the city clerk a transcript of such re- jected taxes. The Common Council shall charge each piece of land for, or on which, it shall deem any rejected tax was levied, with the amount of the tax and percentage returned, adding eight per centum thereto, and levy the same thereon, with and in addition to the tax of the following year, but in a seperate column of the assessment-roll. If any land is so imperfectly described that it cannot with certainty be locat- ed, the Common Council shall cause the tax returned there- on to be levied the following year upon the taxable property of the city. The return of unpaid taxes must then be de- livered to the receiver of taxes, with the original warrant, under which he must receive payment of such unpaid taxes, with the interest and percentage thereon until the day fixed for the sale of the lands therefor. He must write the word ''paid," and the date of payment on such return, opposite each tax paid, and file the warrant, rolls, and return with the city clerk before the hour fixed for such sale. Section 145. No lands shall be sold for an unpaid tax until at least two years after it shall have been levied. The Common Council within three years after any unpaid tax shall have been levied, shall take proceedings for the sale of lands charged therewith as hereinafter provided. It shall fix the time for the sale of lands for tmpaid taxes, and cause a list to be prepared of all the lots and parcels of land, the taxes on which have been returned unpaid and have not been rejected or paid to the receiver of taxes with a de- scription of such lands by their respective numbers, accord- ing to the maps designated in the assessment-rolls, to be published in the official city newspapers once in each week for three weeks, successively, next preceding the day fixed for the sale of such lands, together with a notice that if said taxes be not paid to the receiver of taxes, with the interest, percentage and expenses of publication, on or before the day fixed for such sale, such lands will be sold at public auction at .the time and place designated in said notice, for 65 the shortest period of time for which any person may offer to take the same, in consideration of advancing the tax with the percentage and interest thereof to the time of sale, and all expenses that have accrued thereon. Section 146. If such tax be not so paid the lands so advertised shall be sold by the city clerk, who shall give the purchaser a certificate under the corporate seal of the city, specifying the land sold, the time for w^hich sold, the sum paid thereon, and the time when the purchaser will be entitled to a lease thereof. Such sale may be adjourned from time to time not exceeding in all two months. The city clerk shall keep a record of every such sale in a book to be kept for that purpose. Section 147. At any time within three years after the last day of such sale, any person may redeem the land so sold by paying to the city clerk, for the purchaser, the money paid by him at such sale, and any other tax or assessment on the same lands which the purchaser may have paid with six per centum per annum in addition thereto, and any reasonable expense incurred, by him in endeavoring to ascer- tain or give notice to any mortgagee of such lands, provided that a statement of such taxes or assessments so paid, and such expenses made in items and verified by oath, shall have been filed with the city clerk. The receipt of the city clerk, sealed with the corporate seal, stating such payment and showing what land is redeemed, shall be legal evidence of such redemption. The money so received shall be paid to the purchaser, his legal representatives or assigns on de- mand. The city clerk shall immediately notify the purchaser of its receipt by him. The Common Council may cause to be cancelled and discharged of record any lease or certificate of sale of lands for any unpaid tax or assessment held by the city upon payment being made to the city clerk of the amount paid by the city on the purchase of said lands at the tax or assessment sale, with eight per centum per annum in addition thereto, and all expenses which have accrued thereon. Whenever the amount required to redeem any lands sold for any unpaid assessment, shall exceed the value 66 of such lands, the Common Council by a two-thirds vote of all its members, may cause to be cancelled and discharged of record any lease or certificate of sale of said lands for such unpaid assessment held by the city, upon payment being" made to the city clerk of such sum as the Common Council shall determine to be the value of the property sold, after deducting amount of all other unpaid taxes and assessments thereon, and sales therefor. Section 148. The Common Council shall cause to be published in the official city newspapers once a week for six consecutive weeks previous to the expiration of such time for redemption a notice that, unless the lands sold shall be redeemed within three, years from the last day of such sale they will be leased to the purchaser. If not so redeem- ed, the mayor and city clerk shall execute to the purchaser, his legal representatives or assigns, a lease, under the cor- porate seal of the city the lands so sold to him for the term for which the same was sold, and such lease shall be presumptive evidence that such tax was legally imposed, was not paid, the land was not redeemed, and of the regu- larity of the proceedings and sale. (As amended by the Laws of T904, Chapter 128). Chapter 128, Laws of 1904. Section 3. The publication of any notice heretofore begun or made in conformity with sections forty-seven and one hundred and forty-eight as hereby amended, shall be sufficient to all intents and purposes as if such publication had been made in accordance with such sections as originally enacted. Section 149. The owner of such lease may, by virtue thereof and of this act, obtain possession of the premises in the manner prescribed by law in relation to persons hold- ing over when the premises have been sold under execu- tion, and may lawfully hold and enjoy the lands mentioned therein against all other persons until the time for which the same are leased shall be fully ended, except as in this act otTierwise provided. 67 Section 150. The city clerk shall receive one dollar for selling each lot and making the certificate of sale, which shall be a part of the expense of the sale, and the purchaser shall pay to the corporation counsel two dollars and fifty cents for preparing each lease. Section 151. It shall be the duty of the city clerk at any sale of lands for taxes, to purchase for the city every lot or parcel of land offered for 'sale for which no person shall bid, and certificates of such sale shall be made by the city clerk, as in other cases such lands may be redeemed as aforesaid. If not redeemed and the Common Council shall so direct, a lease thereof may be made and executed to the city, in like manner and with like effect as in cases of sales to other purchasers, but the city clerk and corporation counsel shall not receive the fees provided by section one hundred and fifty of this act, in cases where the city pur- chases lots at such sale. (Amended by the laws of 1896, Chapter 692). Section 152. The interests of the city in any certifi- cates mentioned in the last preceding section may be as- signed, as the Common Council may direct, to any person who shall pay to the city clerk the fees prescribed by sec- tion one hundred and fifty of this act, together with the amount of the purchase money mentioned in the certificate, with interest thereon at the rate of eight per centum per an- num, and such reasonable expenses as may have been in- curred in endeavoring to ascertain and notify the mort- gagee ; and the assignee of such certificate shall be entitled to the same rights and privileges as if he had been the orig- inal purchaser at the' sale. Section 153. No lease shall be made to any person of any lands sold for taxes until there shall be paid to the city clerk all sums which the city may have paid for the purchase of the' same lands at any prior sale, for which it holds a certificate or lease, with the interest at the rate of eight per centum per anntrtn, from the date of such ^ales, respec- tively, and alt expenses incurred thereon by the city, .and all unpaid taxes and assessments thereon. 68 Section 154. Any such lease held by the city may be assigned as the Common Council may direct, for a sum not less than the amount due upon said lands at the time of the sale, with the interest and expenses thereon. Section 155. The Common Council may issue bonds of the city, to be known as "redemption bonds," to the amount of purchase money of the several lots and parcels of land purchased for the. city. Such bonds shall be issued from time to time, in such denominations, bear such interest not exceeding the legal rate and mature at such times, not exceeding six years from their date, as the Common Coun- cil shall determine. They shall be sold for not less than their par value, or temporary loans may be obtained upon the same, and the proceeds thereof shall be used exclusively for payment of such purchase money. All moneys received from the redemption of lands or the assignment or sale of certificates of sale^ or leases of lands purchased for the city, and any other revenue derived by the city from such lands shall be held and applied exclusively for the payment of the expenses of tax sales and redemption notices and such re- demption bonds. If the money so received shall not be suf- ficient to pay such redemption bonds, as they become due, the Common Council may issue additional bonds equal to the amount of deficiency existing between the money so received and the amount of such bonds so maturing. (As amended by Chapter 374, laws 1905). Section 156. No mortgagee whose mortgage shall have been recorded before the sale of any property for any tax, shall be divested of his rights in any land sold for taxes, unless the purchaser or those claiming under him shall give to him six months notice in writing of such sale. Such notice must be served personally, if the mortgagee be a resident of the county of Westchester or of a county adjoining, and if not such a resident, such notice must be served upon the owner of the land personally, if he be a resident of Westchester county or a coufrty adjoining, and by depositing such notice in a post offi^^e in tli^ city, postage paid, directed to the mortgagee at his last known place of 69 residence or the place of residence as stated in the mort- gage or assignment thereof. Within one month after the serving of such notice, the person serving or causing the same to be served, must file in the office of the city clerk a copy of the notice served, w^ith the affidavit of some person who shall be certified by the officer^before whom the affida- vit shall be taken to be a creditable person, proving the due service of the notice. The mortgagee may redeem such land at any time within six months after the service of such notice. (As amended by the laws of 1896, Chapter 692). Section 157. If any sale of land for nonpayment of taxes shall be adjudged invalid by any court of competent jurisdiction, the amount of the purchase money, with six per centum interest thereon per annum from the date of payment of the purchase money, shall be paid by the Com- mon Council to the purchaser or his assigns, and the amount levied upon the taxable property of the city in the ensuing year. In case of neglect by any person or corporation to pay a tax imposed for personal property, the Common Council may apply to the city court of Mount Vernon, to the county court of Westchester county, or to the supreme court by petition and notice of ten days, to enforce the pay- ment of such tax. A copy of the petition and a notice shall be served personally upon the person or an officer of the corporation against whom such application may be made, and the court shall proceed to hear and determine the same in a summary manner, and without unnecessary delay; and if it shall appear that such application ought to be granted, judgment shall be rendered in favor of the city for the amount of such tax, with interest at the rate of eight per centum per annum from the date of the levy of the tax, with the costs and expenses of the proceedings, not exceed- ing fifty dollars, to be fixed by the court ; and transcripts thereof may be filed and executions thereon issued, and supplementary proceedings thereon had in the same man- ner as in other judgments. 70 TITLE VI. Of the Common Council. Section 158. The aldermen shall constitute the Com- mon council of the city. It must meet on the day next after each annual city election. It must hold its annual meeting on the Tuesday next 'after the annual city election; and stated meeting at least twice in each month. Special meet- ings may be call by the mayor or any three aldermen, by appointment in writing to be filed with the city clerk, and notice thereof shall be served as the Common Council shall by ordinance prescribe. The mayor when present, shall pre- side at all such meetings. At its anual meeting, or as soon thereafter as practicable, the Common Council shall elect by ballot one of the aldermen as president of the Common- Council, who shall preside at its meetings when the mayor is absent, and shall possess the powers, perform the duties of, and act as mayor during vacancy in the ofBce of mayor or while the mayor is absent from the city, or is unable to act. A vacancy in the ofBce of president of the Common Council shall be filled by the Common Council by ballot. In the Common Council the president shall vote as an ald- erman only. (As amended by the laws of 1901, Chapter 329). Section 159. In the proceedings of the Common Council each member present shall have a vote, except the mayor w^hen presiding, who shall have only a casting vote, ;when the votes of the other members are tied. ! Section 160. The sittings of the Common Council shall be public, except when the public interest shall require secrecy. The minutes of the proceedings shall be kept by the city clerk, and the same shall be open at all times to pub- lic inspection. Section i6i. A majority of the Common Council shall be a quorum for the transaction of business, and in the ab- sence of a quoruni at the time appointed for any meeting the mayor and three aldermen present, or fovir aldermen, shall have power to compel the attendance of, send for absent members, in order to make up a quorum. No tax or assessment shall be ordered, or any appointment to office made except by a concurring vote of a majority of all the members of the Common Council in office, including the mayor, who shall be entitled to vote thereon as a member of the Common Council. The vote thereon in each case is to be ascertained by taking and recording the ayes and nays and no tax levy, assessment, bill, order, resolution or ordinance shall take effect until same shall have received the approval of the mayor, or shall take effect without such approval, as hereinbefore provided. (As amended by the laws of 1896, Chapter 692). Section 162. The Common Council shall determine the rules of its own proceedings, and be judge of the elec- tion and qualifications of its own members, and have power to compel the attendance of absent members from time to time. Section 163. The Common Council shall have power to prescribe the duties of all the officers and persons ap- pointed by them to any place whatever, subject to the pro- visions of this act. Section 164. All accounts and claims against the said city, and all accounts and claims for services rendered or moneys expended by any officers within said city, which would be charges and accounts against a town, if they were rendered or expended by the officers thereof, shall be pre- sented to the Common Council, and the same shall be re- ferred to a standing committee of said board, to be com- posed of one member from each ward, to be called, "com- mittee on auditing accounts." It shall be the duty of said committee to inquire or examine into said accounts and they may send for persons and papers, and may examine the claimant on oath in relation thereto. The said com- mittee shall report the matters referred to them to the Common Council, either favorably or adversely, with their reasons, and the said Common Council shall then hear, ex- amine and determine the same and for that purpose shall possess the powers of town auditors. All claims against the city for injuries to the person or property claimed to have been caused or sustained by defects, want of repair or obstructions from snow or ice or other causes in the highways, streets, sidewalks or crosswalks of the city, shall be presented to the Common Council in writing within three months after the said injury is received. Such writing shall describe the time, place^ cause and extent of the injury so far as then practicable, verified by the oath of the claim- ant, if practicable or otherwise if not, the ommissionto present said claim as aforesaid within three months shall be a bar to any claim or action therefor against the city, and no action shall be commenced against said city on such claim until after two months from the presentation of said claim. Section 165. Upon the completion of the assessrnent roll in each year, the Common Council shall designate one or more good and solvent banks, trust company or trust companies as the depository of all moneys received by the treasurer of said city, and may agree with such bank, banks, trust company or trust companies upon a rate of interest per annum to be paid on money so deposited. Each bank, trust company or trust companies so designated shall for the benefit and security of the city, and before receiving any such deposits, execute to the common council of said city a good and sufificient bond, with two or more sureties to be approved by the Common Council of said city. Such bond shall be conditioned for the safe keeping and payment on the order or warrant of said treasurer or upon other lawful authority, all such deposits and the agreed interest there- on, and it shall be the duty of the clerk of the Common Council to file such bond in the office of the clerk of West- chester county. It shall be the duty of the treasurer to de- posit all funds belonging to the city that may come into his hands in the bank or banks, trust company or companies so designated and his failure so to do shall be a misde- meanor. The designation of any such bank, banks, or trust company and the depositing of moneys therewith by such treasurer shall not release him or his sureties from any lia- bility in relation to such moneys or in any manner affect '73 such liability except for loss through failure or fault of such designated bank, banks or trust company. (As amended by the laws of 1896, Chapter 692). Section 166. The Common Council, except as other- wise provided by law, shall have the control and manage- ment of the property, both real and personal, belonging to the corporation and all the finances thereof; and no debt or liability which may become a charge against said city or corporation shall be created or contracted, except by the authority of said Common Council ; and in addition to such other powers as may be herein conferred upon it, the said Common Council shall have full power: 1. To provide for the care, custody and preservation of the public property, books, records, and papers belong- ing to said city or corporation; to prevent or punish any injury to or trespass upon the same; to make any and all necessary repairs and improvements to the same, and to cause any part thereof to be insured when they shall deem it necessary. 2. To protect the inhabitants in their persons and property, suppress disorderly assemblages, preserve peace and good order, and protect the welfare and good govern- ment of the corporation. 3. To prescribe and define the powers and duties of the officers of said city, and in case an officer shall have duties specified by this act, to prescribe such additional duties as they may deem the interests of the city to require and as shall not be inconsistent with this act. 4. To restrain and punish vagrants, mendicants, street beggars and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, lewd and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and streets. 5. To prohibit the gathering or assembling of persons upon the public streets of said city or congregating upon the corners of the streets thereof, and to authorize the- po- lice officers of said city to disperse all such gatherings or assemblages of persons, and upon the refusal of persons so 74 congregated or assembled to disperse when commanded so to do by a duly appointed police officer, under regulations to be prescribed by the board of police commissioners, such police officers may make summary arrests of any person or persons so refusing and take him or them forthwith before the city judge of said city, to be by him tried as disorderly persons and punished as such, and all such persons are hereby declared to be disorderly persons. (As amended by the laws of 1896, Chapter 692). 6. To fix and determine the compensation of the offi- cers of the city where the same is not otherwise provided for by law or this act, and to see that they perform faith- fully and correctly their several duties, and that proper measures are taken to punish neglect of duty in any of them. 7. To audit such accounts and claims against the cor- poration as are made out in items and verified, and order the payment of such as shall be allowed, and to make such other rules and regulations in regard to the same as they may deem necessary and proper. 8. To call special meetings of the inhabitants of said city whenever in their judgment the same shall be required by the public interest, and to carry into effect, any lawful resolution adopted at said meetings, or at the annual elec- tion. 9. To examine the accounts of the treasurer, from time to time, and prescribe the manner of paying out and accounting for moneys received by him for the city. 10. To exercise exclusively within the city the powers vested in the justices of the peace by the second section of- the first article of the eighth title of the twentieth chapter of the first part of the Revised Statutes. 11. To' establish and regulate a public pound, and to restrain cattle, horses, sheep, swine, dogs, geese and other animals and fowls from running at large in said city, and to authorize the distraining, impounding and sale of the same (except dogs) for the penalty incurred and the cost of keep- ing and proceedings; and to make regulations for taxing and confining dogs, and for destroying such as may be found running at large, contrary to any ordinance and to regulate their running at large. 12. To prevent runners, stage drivers and others from soliciting passengers and others to travel or ride in any stage or omnibus or upon any railroad, or to go to any hotel or otherwise, except under such regulations as the Common Council may prescribe. 13. To license, regulate and control all porters, cart- men, hack or cabmen, stages or omnibuses for the trans- portation of passengers within the city, to fix their rates of compensation, and to require them to have licenses and to prescribe the amount to be paid therefor. 14. To purchase, hold, sell^ convey and agree to pur- chase and convey real estate, whenever necessary or ex- pedient for the accomplishment or execution of any of the purposes or powers or duties mentioned in this act. 15. To prohibit all kinds of gambling and to regulate billiard-rooms and nine pin or ball alleys. 16. To repress and restrain disorderly houses and houses of ill-fame. 17. To regulate and prevent bathing in the Bronx River, and all the creeks and others waters within the city. 18. To prevent immoderate driving and racing in said city. 19. To prohibit and regulate the burial of the dead, and public burial grounds within the city. 20. To regulate by license or prohibit the exhibitions of any circus^ caravan, theatre, curiosities, tricks 'of leger- demain, or other shows or entertainments. 21. To regulate by license or prohibit auction sales in said city, and hawking and peddling in the streets of said city. 22. To make, or cause to be made, maps of the city and of the wards thereof, and to survey and designate the boundaries of said city, and of the streets, highways and public grounds thereof, and to designate and alter the names of said streets, and the numbers, of all lots and buildings. 76 23- To prevent any encroachment^ incumbrance or obstruction in or upon any street, sidewalk, highway or pub- lic grounds- of said city, to make general rules and ordi- nances in regard to the deposit o'f building materials upon the streets and sidewalks in front of any lot, to such an ex- tent and for such time as they may prescribe; and in case of the neglect or refusal of any person, who shall have caus- ed any such encroachment, incumbrance or obstruction con- trary to such rules or ordinances, or of the owner or occu- pant of any premises upon which shall be any building, fence or other structure or thing encroaching upon, incum- bering or obstructing any street, sidewalk, highway or pub- lic grounds in said city, to remove the same after being notified so to do, the Common Council shall have power to cause such removal at the cost and expense of such person, or of such owner or occupant, and to collect such cost and expense as hereinafter provided. 24. To cause the sidewalks on the streets and high- ways of said city to be raised, leveled, curbed, graded^ flag- ged, graveled, paved, planked, and repaired and at the ex- pense of the owners or occupants of the adjacent lands and premises, and if any of the matters or things above men- tioned be not done by such owners or occupants within the time and in the manner, and of or with the material by said Common Council required and, prescribed, the said Com- mon Council may do or cause the same to be done, and may assess the expense thereof upon the owners or occupants, and cause the same to be levied and collected in the man- ner hereinafter in this act provided. 25. To compel the owner or occupant of any prem- ises in said city to clear any dirt, snow or ice, or other sub- stance or material off the sidewalk and out of the gutter in front of such premises, and in case of the neglect or refusal of the owner or occupant, so to do to cause the same to be done at the expense of such owner, or occupant and to col- lect such expense as hereinafter provided. 26. To require any turnpike, plank, street railway, railroad or other road corporation or company, to keep the street or highway through which its road may pass in said city, and the gutters and drains thereof in good condition ^nd repair ; to lay or relay such road according to the estab- ished grade of such street or highway, or such parts of the same as the Common Council may prescribe and direct and to remove all incumbrances or obstructions which such cor- poration or company have placed or caused to be placed upon such street or highway without unnecessary delay, and in case such corporation or company shall refuse or neglect to do any of the acts so required, the said Common Council shall have power to cause the same to be done at the cost and expense of such corporation or company, and such cost and expense to be fixed and determined by the said Common Council, may be collected as hereinafter pro- vided. Nothing in this subdivision or in this charter shall be construed so as to compel any street railway company to repair or keep in condition the streets through which its road may pass except that part or portion of the road cov- ered by its track, and two feet beyond its rails on each side. If it becomes necessary to remove snow or ice from any street, said street railway company to remove only the por- tion thrown out by them. 27. To regulate and superintend the laying of all gas pipes, w^ater-pipes and conduits in said city, and to require any corporation or company, after laying or repairing such pipes in any street or highway in said city, to put such street or highway in good condition or repair, and to remove all incumbrances or obstructions which such corporation or company may have placed or caused to be placed in any such street or highway, without unnecessary delay, and to re- quire such corporation or company to keep proper signal lights burning at night at all holes or ditches or places which may have been rendered dangerous to persons trav- eling such streets or highways ; and in case such corporation or company shall neglect or refuse to do any of the acts so required of it, the said Common Council shall have power to cause the same to be done at the cost and expense of such corporation or company, and to collect such cost and expense by suit at law as hereinafter provided. 28. To prevent or regulate the construction and erec- tion of any building, board, awning or other structure which shall project into or over any street or sidewalk in said city, and the hanging or suspending of any goods^ signs, sign- boards, or any other thing whatever in or over such street or sidewalk, and to remove the same at the expense of the person, owner or occupant causing the same, and to collect such expenses as hereinafter provided. 29. To erect lamps, lamp-posts and fixtures for gas, electric or other lights and cause such of the streets of said city as they may deem proper to be lighted at such times as, in their opinion, the wants and interests of the city re- quire, and in their discretion to charge the expense of erect- ing such lamps, lamp-posts and fixtures and of lighting the streets, as street expenses. 30. To prohibit, license or regulate the keeping, stor- ing, use or sale of .gunpowder, kerosene or other combus- tible or explosive substance or .compound, and the convey- ance or transportation of the same in or through any part of the city; also to regulate or prohibit the use of firearms in said city. 31. To correct the assessment-roll in respect to taxes imposed by virtue of this act in the same manner as a Board of Supervisors may by law correct the town-rolls of their county, and for this purpose said Common Council shall be vested with pojver to make such correction, and shall pos- sess all the powers in relation to such assessment-roll that Boards of Supervisors have by statute in case of town as- sessment-rolls and town and county taxes. 32. Except as by this act otherwise provided to des- ignate such parts and portions of said city as they may deem proper, within which no wooden building in whole or in'part shall be erected or the roof of any building covered with wood or with any combustible material, and prescribe the penalties for the violation thereof; and to prevent or regu- late the construction of any buildings, chimney, fire-place, 79 heater, stove, stove-pipe, oven, repository of ashes or char- coal, boiler, furnace or other apparatus or thing whatever, which may be considered dangerous with regard to fire, and to cause the owner or occupant of any premises upon which shall be found anything dangerous with regard to fire, to move the same, or pitt the same in a safe condition ; and in case the owner or occupant shall neglect or refuse to do so, the Common Council shall have power to cause the same to be done at the expense of the owner or occupant, and to collect such costs as hereinafter provided, and for the pur- poses aforesaid^ or any or either thereof, the said Common Council shall have power to enter into or upon, or author- ize the entry into or upon any building or premises in said city. 33. To regulate the use of Hghts in stables or build- ings in which combustible materials may be collected or -deposited, and prescribe the use of lanterns or safety lamps in such stables or buildings. 34. To appoint or employ special legal counsel for the transaction of any business of the city in such instances as they may determine. 35. To prevent and abate nuisances and determine what are such, either upon view or upon testimony of wit- nesses (who may be examined under oath before them), and for these purposes, or any or either of them, to enter into or upon any building or premises in said city; and in case the owner or occupant of any building or premises in or upon which such nuisance may be found shall neglect or refuse to remove or abate the same after being notified to do so, the said Common Council shall have power to cause the same to be removed or abated at the expense of the owner or occupant and to collect such expense as herein- after provided. ■ 36. To compel the owner or occupant of any grocery, market, tallow chandler, soap factory, shop, privy, pig-sty, stable, drain, sewer or any other unwholesome, offensive or nauseous house or place^ to cleanse, purify, remove or abate the same from time to time as often as, in the opinion 80 of the Common Council, it may be necessary for the cgm- fort, health and convenience of the inhabitants of the city. 37. To prohibit or regulate slaughterhouses or the slaughtering of animals, and to regulate the time, place and manner of the sale of meats^ fish and vegetables within said city. « 38. To prohibit any person from bringing or deposit- ing any unwholesome,- putrid or decayed carcass, skins, hides, fish, meat, or other substance or thing within said city, and to require or authorize the removal or destruction thereof. 39. To prescribe regulations as to the location and construction of private sewers, drains or water or gas pipes in said city, and for the prevention of any injury or obstruc- tion of any street or sidewalk thereby. 40. To prosecute in the corporate name of the city upon any contract or liability in which said city or corpora- tion may be interested, and for all fines and penalties, cost and expense imposed by this act^ or by any ordinance or by-law of the city, and enforce the collection thereof. 41. To purchase necessary hose and other apparatus for the use of the fire department, to pass all necessary ord- inances for the government of the fire department, and -to carry into effect any lawful resolution which may be adopted by the inhabitants at any annual election or special meeting thereof. 42. To organize and establish a fire department, and to make such fire laws, rules, regulations and ordinances of said department, and the rights and duties thereof, and of citizens during fires in said city, as they may deem best, and to enforce the same by suitable fines and penalties, ex- cept by this act otherwise provided. 43. To prohibit and punish every game, practise, amusement or act in the public streets or elsewhere having a tendency to frighten teams or horses, or to injure or an- noy persons residing in said city, or passing in or along the highways or streets of the city, or to injure or endanger property. 81 44- To direct the return and keeping of bills of mor- tality. 45. To regulate the speed of locomotives, tenders and railroad and other cars^ and to prevent the unneces- sary obstruction of streets by the same, in said city. 46. To direct the regulating and planting of shade or ornamental trees along the streets and sidewalks in said city, and to prevent the injury'and defacement of such trees, and of fences, walls, posts and buildings in. said city. 47. To control, regulate and restrain the setting of poles and stringing of wires by telegraph, telephone, or electric light or other companies in the streets of said city. 48. To compel the owner or occupant of any wall or building in the city which may be in a ruinous or unsafe condition, to render the same safe or to take down and re- move the same, and to prohibit such erections ; and in case of the neglect or refusal of such owner or occupant to ren- der such wall or building safe, or to take down or remove the same after being notified so to do, the Common Coun- cil shall have power to cause the same to be taken down or removed at the expense of such owner or occupant, ^and to collect such cost and expenses as in this case provided. 49. To make the cost and expense in subdivisions twenty-three, twenty-eight, thirty-two, thirty-five and forty- eight of this section a lien upon the premises or lots therein mentioned or implied, and to issue warrants against the owners or occupants thereof, respectively to collect such costs and expenses as assessments and taxes are collected. (As amended by the laws of 1896, Chapter 692). 50. To provide a council room or rooms for the Com- mon Council, a court room for the city judge, a room for police headquarters, and offices for the receiver of taxes and assessments, clerk and treasurer, and necessary fuel, light, stationery and supplies for their offices. 51. To require any officer of the city to furnish re- ports, information or estimates whenever deemed proper by the Common Council. 82 52. To prevent or regulate the ringing of bells, and blowing of whistles, the blowing of horns or crying of wares, and making of unnecessary noise which may tend to disturb the peace of the city. 53. To prevent or regulate the sale or exposure of fire crackers, rockets, squibs or other explosive compounds. 54. To prevent and punish the discharge of firearms, rockets, fire-works and gunpowder in or near the streets of the city, or in the vicinity of any building. 55. To ascertain, establish and determine the boun- daries of the city, and of all the streets, alleys and highways therein. 56. To compel the owners or occupants of buildings to have scuttles in the roofs thereof and stairs or ladders leading to them. 57. To sue in the name and for the benefit of the city for all penalties imposed by the excise laws, and to impose, fix and receive for the benefit of the city, penalties for vio- lations of the excise laws, or any of the provisions thereof, or any other law of this state. 58. To divide the wards into new election districts when neceseary, and appoint three inspectors of election and two poll clerks for each election district for the first election held therein under this act. 59. To designate two newspapers of said city from time to time for the publication of ordinances, regulations and official notices of the Common Council and city gov- ernment and officers ; which said newspapers shall be select- ed from the newspapers of said city which are allied to or support different political .parties. In making such selec- tion the members of the Common Council representative of one political party shall be entitled to vote for only the newspaper to represent the political party with which such memlDcrs are affiliated; and such vote shall be taken by call- ing the ayes and nays; and the two newspapers receiving the largest number of votes in the manner aforesaid shall be selected and designated as such official newspapers of the city, for at least one year from the time of said designation, 83 provided that they are opposite in poHtics as aforesaid, and if they are not opposite, the designation shall be a nullity. No newspaper shall be designated as an official newspaper of said city unless at the time of its designation in pursuance of this section it shall be printed in the city of Mount Ver- non and unless it shall have been published regularly as a newspaper for and within said city for at least two years prior to its said designation;' in the event that any news- paper so designated shall cease, during the period of which it is designated to be printed' in said city, its designation shall immediately cease and expire, and the remaining offi- cial newspaper shall be in that event the sole official news- paper during the remainder of the term of its designation. In the event that the owner, proprietor or publisher of any paper so designated shall neglect or refuse to file with the city clerk within ten days after such designation a written acceptance thereof, then and in that event, the newspaper filing such acceptance shall be the sole official newspaper of said city for one year from the date of such acceptance. If both newspapers designated as aforesaid, shall fail so to file such acceptance, the Common Council shall receive pro- posals for the said printing and award the same to any news- papers so bidding thereon, as in its judgment it may deem advisable; in this event any newspaper shall be ehgible to bid without regard to the length of time it has been pub- lished, provided it shall be published in said city. Such of- ficial newspapers so designated shall be entitled for publish- ing any advertisement, notice or matter of any kind required by law to be published therein to the sum of fifty cents only for each folio for the first insertion and twenty-five cents only for each folio for each subsequent insertion there- of. Section 2. The official newspapers of said city at the time of the passage of this act; shall be the official news- papers, until their successors are duly designated according to the terms of this act. Section 3. This act shall take eflfect January first, nine- 84 teen hundred and eight. (As amended by Chapter 672, Laws of 1907). 60. To make such general ordinances, by-laws and reg- ulations not repugnant to the general laws of this state, as they shall deem expedient for the good government of the cii\. 61. To appoint police constables or special poHce of- ficers, who shall possess the same powers, rights and privi- leges, and be subject to the same duties and liabilities as apptitain and belong to the constables' in the several towns of this state, but who shall serve without compensation or fees to be paid by the city. 62. And for the purposes aforesaid, or any or either of them, or of executing any powers conferred upon the Com- mon Council or upon the city by this act or otherwise, the- said Common Council shall have full power to make, estab- lish, publish, modify, amend or repeal ordinances, rules, regu- lations and by laws, and prescribe, fix and enforce such penal- ties and fines as they may deem proper for the violation of them respectively, not exceeding one hundred dollars, ex- clusive of said cost and expenses for any one offense; but every such ordinance, rule and regulation or by-law shall be pubHshed at least twice in tw^o newspapers published in said city, designated for such purpose by the Common Council, before it shall take effect, and every such ordinance, rule, regulation or by-law, together with a certificate by the clerk of the city of the time and manner of the publication thereof, shall be posted, entered or recorded in a book to be pro- vided and kept for that purpose; and the said record or a copy thereof, certified by the clerk of said city, shall be presumptive evidence in all courts and places, and in all actions and proceedings of the due passage of such ordin- ance, rule, regulation or by-law, and of its having been duly published. 63. Every person offending against any ordinance heretofore passed by the village of Mount Vernon, and which has not been repealed, or that may hereafter be pass- ed by the Common Council of the city of Mount Vernon^ 85 shall be deemed guilty of a misdemeanor, and upon con- viction shall be punished by a fine or imprisonment, or both, in the discretion of the court before which such conviction shall have been had. TITLE VII. Of highways, walks and streets — improve- ments and assessments. Section 167. The Common Council shall have within the city all the powers given by law to the commissioners of highways of towns ; shall be under the same obligations to keep roads and bridges in repair, and subject to the same liabilities in respect thereto, as commissioners of highways, and the expenses thereof, except as herein otherwise pro- vided, shall be paid out of moneys raised by tax by the Common Council. In all proceedings by the Common Council as commissioners of highways the city clerk shall perform all duties required by law to . be performed by a town clerk. Section 168. The Common Council shall have the ex- clusive power, under the restrictions contained in this act, to cause streets and avenues to be laid out, opened, extended, straighfened, altered, widened, regulated, re-regulated, grad- ed, re-graded, paved and re-paved (none of which shall be construed as repairs) ; streams and rivers to be bridged with or without draws; culverts and bridges to be built; public squares and parks to be opened, extended, regulated, orna- mented and protected ; sidewalks to be flagged and re-flag- ged and curb and gutter stones to be set and re-set; and cisterns made for the purpose of furnishing water in case of fire; drains, sewers, wells, and pumps to be constructed, ex- tended, enlarged, and repaired ; and to make such other im- provements in and about such street, avenue and squares as the pubHc wants and conveniences shall require, and to em- ploy such persons as may be necessary therefor. The ex- pense of all such improvements, except for repairs, re-pav- ing, and two-thirds of the expenses of paving streets, shall be assessed, and be a lien on the property benefitted thereby, so in proportion to such benefit. Whenever the board of health shall determine that it is necessary for the protection of the public health that any sewer or drain should be con- structed, enlarged or repaired, and shall so certify to the Common Council, the Common Council shall immediately cause the same to be done; provided, however, that the Common Council may appeal to the state board of health from any such determination at the meeting at which the certificate thereof shall be presented to it, or at or before the next stated meeting thereafter. Such appeal shall be by reso- lution, a certified copy of which must be served upon every member of the board of health, and upon the secretary of the state board of health, within ten days after its adoption. The board of health of the city or any taxpayer thereof may bring such appeal to a hearing by giving five days' notice thereof to the city clerk. The state board of health shall decide such appeal within thirty days after such hearing, and may af^rm, modify or reverse such determination. Such affirmance or modification shall be final and conclusive, and the Common Council shall forthwith cause such sewer or drain to be constructed, extended, enlarged or repaired, as provided in such recommendation as so affirmed or modi- fied, and all proceedings authorized by this act shall be con- ducted in the manner and form in this act prescribed. Section 169. The Common Council shall have the ex- clusive management and control of all the public streets, av- enues and squares in the city, and may use the same for the construction of sewers and other public works. Section 170. Whenever a petition shall be presented to the Common Council for the laying out or opening of any street, avenue or square, or for taking any property, right or easement in land for any purpose under this act, signed by one-third of the persons owning land on the Hne of said street, or proposed street, or of the property, rights, ease- ments to be taken, or for the widening, extending, altering or straightening of any street, signed by one-third of the persons owning land on the line of the whole street, in- cluding the part proposed to be widened, extended, altered 87 or straightened, or on the Hne of the part proposed to be. widened, altered, extended or straightened only, it shall cause to be published in the official city newspapers, once in each week for two successive weeks, a notice that such petition has been received, and of the time, not less than twenty days after the first publication of such notice, when it will act thereon ; if no remonstrance signed by a majority of the persons who will be assessed therefor, shall be pre- sented to it on or before the day specified in said notice, it may then or as soon thereafter as may be, allow, such im- provement to be made, or the property, rights or easements to be taken. The Common Council shall fix the district of assessment, beyond which the assessment shall not extend, a description of which shall form a part of such notice. The Common Council by a unanimous vote of all its members, may allow any such improvement to be made, or property, rights or easements to be taken without such petition and notice, or in case of a petition notwithstanding such remon- stance, and provided that the property, rights or easements are- required for the construction of any sewer or part there- of, the Common Council, by the vote of a majority of all its members, to be ascertained by a taking and recording the ayes and noes, may allow the improvement to be made, and the property, rights or easements to be takeji without petition of any ow^ner, and notwithstanding any remon- stance. If the Common Council shall allow such improve- ments to be made, or property, rights or easements to be taken, it shall cause application to be made to the county court of the county of Westchester, or the Supreme Court at a special term held in the judicial district in which said county shall then be situated, for the appointment of three persons as commissioners to estimate and assess the ex- penses of the improvement, and the amount of damages to be sustained and benefit to be derived therefrom, by the own- ers of lands and buildings affected thereby. Notice of such application must be published in one or more of the official city newspapers, once in each week for two successive 'weeks before the day on which the application is to be made. The 88 court to which such application shall be made shall appoint three persons as such commissioners, who shall be owners of a freehold estate in the city, liable to taxation, not situate in the assessment district. In case any of the persons so appointed commissioners shall die, resign, decline to serve, remove from the city, be or become disqualified or interest- ed in lands to be assessed or taken, the court upon the appli- cation of the Common Council, may without notice, appoint another commissioner in his place. Section 171. The persons who shall sign a petition for any such improvement shall be chargeable with and are liable for all expenses which may be incurred thereon, if the same is refused by the Common Council ; and the amount of such expenses, after being audited and allowed by the Common Council, may be recovered against such persons jointly or severally, by action in the name of the city of Mount Ver- non. Section 172. The Common Council must cause a map to be made by a competent surveyor, on which shall be des- ignated by feet and inches, as near as may be, the several pieces of. land necessary to be taken for the improvement, and'the several pieces of land within the district of assess- ment, wTiich shall be numbered in figures from one upwards, and such map shall constitute a part of the report of the commissioners. Provided that when any right or easement in land is to be taken in the proceeding, such map shall show the land in which such right or easement is to be taken, and by appropriate words written thereon, shall state the par- ticular right or easement to be taken as to each separate lot of land. Section 173. Each commissioner shall be sworn faith- fully and impartially to perform the duties which shall de- volve upon him by virtue of his appointment, and shall pro- ceed with all reasonable diligence to the discharge of his duties, and for that purpose the commissioners have power to enter upon and examine any premises which, in their opinion, will be afifected by the improvement, to hear the proofs and allegations of the parties interested, at such time 89 and place as they may appoint, and to adjourn from time to time, as they may deem proper. They must, by pubHcation in one or more of the official city newspapers give notice of the time and place when and where they will meet and hear the proofs and allegations of the parties interested, which time shall not be within less than ten days from the first pub- lication of the notice. Section 174. The report of such commissioners shall be in tabular form, with columns, in which shall be distinctly shown the whole expense of the proposed improvement, and the several items thereof, the number on the map of the pieces of land required for the improvement, or of the lots in which a right or easement is to be taken, and of the pieces of land assessed for benefits; the names of the per- sons interested in the property taken for the improvement, or in the lots in which the right or easement is to be taken; the amount awarded to such persons respectively therefor; the amount assessed upon each piece of land, and on the different interests therein; the balance of award to be re- ceived by different parties over the assessment on their re- spective land, the balance of assessment to be paid by each pierson the assessment on whose land amounts to more than the award, and so many and such different columns, and statements as may be necessary to designate the interests of the parties in land or rights required for the improvement and their liabilities in relation thereto ; provided, how^ever, the commissioners may substitute in their report, for the name of the owner of any lands taken or assessed, the words "unknown owner," in all cases where they have been unable to ascertain the name of the owner. No mistake or error in the ownership of any such lot shall invalidate such report or any part thereof. Section 175. When any portion of any lot is necessary to be taken for any such improvement the commissioners may, in case where injury and injustice would otherwise be done, and with the consent in writing of the owner or own- ers of such lot, and upon the examination and approval* of the title to the same by the city attorney, include the whole 90 or any part of the residue of such lot and the buildings thereon in their report, briefly describing the same, and separately estimate the value thereof and assess the same as a part of the expense of the improvement. Every such residue, or part of residue, and all buildings thereon so in- cluded, and any *nd all buildings on any land taken for such improvement shall, upon the confirmation of such report, and the payment or tender of the amount at which the same shall have been so estimated to the owner or owners thereof, vest in fee-simple in the city of Mount Vernon, and the Common Council shall thereupon cause the same to be sold and conveyed to the former owner or owners thereof or to the owner or owners of the next adjacent land at a price not less than the sum so estimated, and if he or they, upon reasonable notice, to be determined by the Common Council, shall not take the same and pay such price, it shall be sold at public auction, upon such notice as the Common Council shall deem proper, for the best price that can be obtained therefor. Upon the sale of the same the proceeds thereof shall be apportioned by the city clerk between the owners of the land assessed in proportion to the amount of their re- spective assessments, and paid to them or deducted from their respective assessments. Section 176. After the report shall be completed, it sliall be deposited with the city clerk. The commissioners shall then cause to be published in one or more of the of- ficial city newspapers a notice that the report has been com- pleted and so deposited, and that they will meet at the time and place therein to be specified, not less than ten days from the first publication of such notice, to review their re- port. During such time the said report may be examined, free of expense, by all interested, and at the time and place so specified, any such persons may be heard thereon, and may present objections thereto in writing, accompanied with such affidavits as he may think proper. The commissioners, shall as soon as convenient thereafter, review their report, correct the same where they shall deem proper, and file it with the city clerk. At the time of filing of said report the 91 commissioners shall also file a certificate of their proceedings, which may be read in evidence, and shall be presumptive evidence as to the facts therein stated. In case of any altera- tion of an assessment or award being made, after such hear- ing they shall, before filing their report, cause to be pub- lished in one or more of the official city newspapers, for two successive weeks, a notice that such report has been altered and deposited with the city clerk, and that at a time and place therein stated they will meet to hear and receive objec- tions thereto, and as often as such alteration is made, like notice shall be given. At the time and place mentioned in such notice, the commissioners shall attend and hear and receive objections and " affidavits on behalf of any person whose award or assessment shall have been altered. The expense caused by such alteration shall be assessed by the commisioners, and shall not be deemed an alteration of an assessment so far as to require publication of the notice therefor. The Common Council must then cause to be pub- lished in one or more of the official city newspapers a no- tice that the report has been completed and filed, and that application to have the report confirmed will be made to the county court of the county of Westchester, or to the Su- preme Court at a special term thereof to be held ip the ju- dicial district in which said county shall then be situated, at a time and place to be specified in said notice, not less than ten days from the first publication thereof. The city clerk, on or before the day of the first publication of such notice, shall deposit a copy thereof in the post-office of the city, paying the postage thereon, addressed to each person named in such report as the owner of property assessed for benefit, or to whom an award is made for damages. Any such person may appeal from said report by notice in writ- ing, to be served on the city clerk at least six days before the time at which application is to be made to have the report confirmed. Such notice must be accompanied with copies of the objections and affidavits which have been de- livered to the commissioners, and also with a statement in- writing of tTie grounds of objections to such report, and of 92 the manner in which it is contended the same ought to be altered. Section 177. Such appeal shall be heard by the court at the time application is made to have the report confirmed. The affidavits delivered and served as aforesaid, and no others, may be read against confirming the report. Such confirmation can be opposed only by such appeal. If, in the opinion of the court, an assessment shall exceed the value of the land assessed, it shall be good cause against con- firming the report. The court shall confirm or refuse to confirm the report. In case of a refusal it shall send it back for revision or correction to the same or to other commis- sioners, to be by it then appointed, who shall revise or cor- rect the same, or make a new report, and thereupon the same proceedings shall be had as upon the first report, and as often as any such report shall be sent back, as aforesaid, like proceedings shall be had. In cases, however, where the court shall direct specific alterations to be made therein, it may thereupon confirm the said report without further no- tice. After the report is confirmed it shall be filed with the city clerk. Section 178. The Common Council shall cause to be paid to each person to whom an award may have been made in such report, or to his legal representatives or assigns, the amount of the same in excess of assessments against him. Section 179. The county judge of Westchester coun- ty, or a justice of the Supreme Court shall have power to appoint guardians for infants or other incompetent persons, to protect their interests or prosecute appeals in any such proceeding, who shall be entitled to receive ten dollars for their services before the commissioners; and no other fee, unless upon an appeal, in wdiich case the court which shall hear the appeal shall fix upon the further amount to be al- lowed them, if any, and certify the same. The court may order such compensation I0 be pnid out of any award to such person. 93 Of the grading of streets, and the construction of sewers, bridges, wells, &c. Section i8o. The Common Council shall have power to establish the grade, construct, make, grade, regulate and repair streets, highways, sidewalks, bridges, sewers and aqueducts, or cause the -same to be done. Section i8i. The Common Council is required to make the necessary surveys arid examination and to pre- pare a plan of a system of sewers for that portion of the city not already sewered. Such plan shall consist of a map or maps with such specifications as shall be required to describe and locate such additional system. Such plan may be pre- pared as a whole or in sections from time to time as such Common Coimcil may determine. When said plan, or any section thereof, shall have been completed and adopted by said Common Council the mayor and city clerk shall so certify in writing thereon, affix the corporate seal of the city thereto, and the same shall then be filed in the office of the city clerk. After said plan, or any section thereof, shall have been so approved and filed, it may be altered by mak- ing, adopting, approving, certifying and filing a map and if necessary a specification showing such alteration in the man- ner above provided as to said plan or section. After the filing- of said plan or section all sewers to be constructed must conform as near as may be to said plan and system. All general laws or special acts in relation to sewers applicable at the time of the passage of this act, to the village of Mount Vernon, shall apply with equal force to the city of Mount Vernon to all sewers hereafter to be constructed therein and any sewerage loan bonds which may be issued by said city under chapter six hundred and eight of the laws of eighteen hundred and eighty-six and the several amend- ments thereto, shall be designated "sewerage loan bonds of the city of Mount Vernon." (For ch. 608, L. 1886, and amendments, see "Appen- dix"). Section 182. The regulating, re-regulating, grading, re-grading, paving, re-paving and graveling of street's and 94 highwaySj or any part thereof; the completion of the regulat- ing and grading of all streets and highways or of any part thereof and of the bridges thereon which may have been or 'may be laid out in the city by the lawful authority ; the con- struction, extension, enlargement and repair of sewers, drains, wells, fire cisterns, culverts and bridges, the procur- 'ing of pumps, water pipes and hydrants for fire purposes, erecting pumps and hydrants and laying such water pipes, may be contracted for by the Common Council and the expense thereof except for re-paving, and two-thirds of the expense of the paving, shall be apportioned and assessed up- on the several lots of land benefitted thereby by the assessors in proportion to the benefit which the same shall derive from the improvement. One-third of the expense for the paving- shall be assessed upon the several lots of land benefitted thereby, by the assessors, in proportion to the benefit which the same shall derive from the improvement, and two-thirds thereof shall be paid by the city of Mount Vernon in the manner provided in section two hundred and five of this act. (As amended by the Laws of 1896, Chapter 692). Section 183. Prior to the contracting for any such work, a plan and an accurate specification of the work proposed to be constructed must be prepared and placed in possession of the city clerk for public inspection. The Common Coun- cil must, in all cases, cause to be prepared, and approve the specifications for constructing all sewers, drains,' wells, fire cisterns, laying water pipes and erecting hydrants. The specifications for all other work mentioned in the last fore- going section must also be prepared by direction of the Com- mon Council and approved by it. The Common Council shall then fix a district of assessment beyond which the as- sessment shall not extend, and cause to be published in one or more of the official city newspapers a notice, that on a day therein to be named, at least two weeks from the first publication thereof, it will act in relation to the work pro- posed to be constructed; and that in the meantime sealed proposals for constructing the work, with the names of sure- ties for the faithful performance thereof, will be received 95 by the city clerk. A description of such district shall form a part of such notice. Upon the day mentioned in the no- tice, or upon such subsequent day as the Common Council may adjourn to for the purpose, the mayor or presiding officer shall, in the presence of the Common Council, open such proposals, and the Common Council shall determine which proposal is the most favorable. No proposals shall be considered unless accompanied by the written consent of two sureties, conditioned that, if the proposals be accept- ed, they will execute and deliver a bond with the bidder in a penalty to be fixed by the Common Council, conditioned for the construction of the work at the price and upon the terms proposed, according to the plans and specifications therefor, within such reasonable time as the Common Coun- cil may limit, and subject to the supervision and approval of the Common Council, as the specifications shall provide. The Common Council may then, by the vote of a majority of all its members, to be ascertained by taking and record- ing the ayes and noes, direct the construction of the pro- posed work, or refuse so to do, and accept the most favor- able proposal, or reject all of said proposals. Section 184. The assessors shall make a report, in writing, of the assessment so made, and deposit the same with the city clerk, and cause to be published in one or more of the official city newspapers, once in each week for two successive weeks, a notice that the report has been com- pleted and so deposited, and that they will meet at a time and place therein to be specified, not less than ten days from the first publication of such notice, to review their report, and that at such time and place the parties interested can be heard ; and the assessors shall at such time and place hear the parties interested, and thereafter review the report, cor- rect tlie same where proper, sign and file it with the city clerk, with all the objections in writing which have been left with them by the parfies interested. Section 185. The Common Council shall examine and correct the report and assessment, or send it back to the assessors, or confirm the same, as it may deem proper. And 96 like proceedings shall be had when the report is sent back as in the first instance. Section i86. Whenever the Common Council shall de- termine to regulate, re-regulate, grade, re-grade, or pave any street or highway, or any part thereof, it may direct a curb to be set, and a gutter to be made on each or either side of such street or highway, and the expense therefor shall be assessed by the assessors with the expenses of regu- lating, re-regulating, grading, re-grading or paving such street or highway in the same report and assessment upon the lots of land only that shall front upon such street or highway; and in proportion to their respective frontages thereon. Of the alteration of the grade of streets. Section vSy. The Common Council shall have power, on the written petition of any party interested, to alter the grade of any street or highway, or of any part thereof. Before determining to make such alteration it shall cause to be made and deposited in the office of the city clerk a profile showing the intended alteration, and cause to be published in one or more of the of^cial city newspapers once in each week for two successive weeks, a notice that such petition has been received and such profile so deposit- ed, setting forth their intention to make such alteration, and requiring all persons interested to present their objec- tions, in writing, to the Common Council, at a time and place to be mentioned therein, not less- than two weeks from the first publication thereof. The Common Council may, at any time within one year thereafter, by a vote of three- fourths of all its members, so alter such grade. In case the owner of any building of other structure, or his authorized attorney, shall file with the city clerk, within six weeks after the vote of the Common Council, altering the grade of any street or highway, a claim in writing, for damages to such building or other structure arising from such alteration, the Common Council must fix 'an assessment district and cause application to be made to the. county court of Westchester county, or to the supreme court, at a special term thereof, 97 within the judicial district in which the county of West^ Chester is situated, for the appointment of three commis- sioners to estimate and assess such damages ; and hke pro- ceedings shall thereupon and thereafter be had in respect to such claim as in this title is provided for estimating and assessing the expense for the opening and widening of streets. All claims for such damage.s so filed shall be con- sidered and disposed of in the same proceeding. No build- ing or other structure shall be deemed to have sustained damage by reason of such alteration of grade, unless such building or structure shall have been built with reference to, or to conform with the previously established grade. Of the discontinuance of streets. Section i88. Upon the petition of six or more resi- dents of the city, and owaiers of a freehold estate therein, liable to taxation, the Common Council may discontinue any public street or highway, or part thereof that shall ap- pear to it unnecessary. Such petition must contain a de- scription of the street or highway, or part thei:eof proposed to be discontinued, and to be accompanied by a map showing the street or highway proposed to be discontinued, and its connection with other streets or highways; or if only a part of a street or highway, then its connection with the remaining portion. Before acting thereon such petition and map must be deposited with the city clerk, and the Common Council must cause to be published in one or more of the official city newspapers, once a week, for three suc- cessive weeks, a notice that such petition has been received and that a map showing the proposed discontinuance, arid a description of the street or part of street proposed to be discontinued has been deposited with the city clerk, and that upon a day to be stated in such notice, at least twenty days after the first publication thereof it will, if it deem pro- per, order such discontinuance to be made. Unless a ma- jority of the owners of land fronting on such street, shall on or before the day specified in said notice, remonstrate against such discontinuance, the Common Council bv a vote of three-fourths of all its members may upon the day speci- fied in said notice or upon a subsequent day to which the matter may be postponed, order such discontinuance by an order in writing, signed by the city clerk, approved by the mayor, sealed with the corporate seal and filed in the city clerk's office with the map accompanying such petition. The lines of the street shall thereupon conform to the change made by such discontinuance. The Common Council may, as a condition for the granting such order of discontinuance, require the owners of the land wnthin the street or part thereof to be discontinued to pay the expense of such pro- ceeding. Section 189. In case the owner of any building or other structure, or of any land afifected by any such dis- continuance, or his authorized agent or attorney within six weeks after the filing of such order or discontinuance, slxall serve upon the city clerk a claim in wTiting for damages by such owner suffered by reason of such discontinuance, in respect to such building, structure or land, the Common Council must establish an assessment district, and cause ap- plication to be made to the county court of Westchester county, or to the supreme court, at a special term thereof, for the appointment of three commissioners to estimate and assess such damages. Like proceedings as to such claim shall thereupon be had as is in this title providing for es- timating and assessing the expense for the opening and v^idening of streets. In case the person making such claim be not in possession of the land, building or structure in respect to which such claim is made, or in case the Common Council shall deem such case unfounded, it may require the claimant to file with the city clerk a bond with sufiicient sureties, to be approved by the mayor, conditioned to pay all costs, expenses and disbursements which may be incur- red by the city in such proceedings in case no award for damages shall by such commissioners be made in favor of such claimant, and until such bond be filed, the Common Council may suspeild such proceedings. In case two or more persons shall make separate claims for such damages, 99 within said six weeks, all such claims shall be considered and disposed of in the same proceeding. Section 190. Any person aggrieved by such order of discontinuance may, at any time within sixty days after such order shall have been filed in the city clerk's ofBce, appeal thereupon to the supreme court b}^ a notice in writ- ing to be served upon the city clerk; such appeal shall be heard at special term, and, the court shall affirm or vaca-te such order as it may deem for the best, having due regard for the rights and interests of the traveling public as well as the individuals affected thereby. No papers shall be read on such appeal, except the proceedings of the Common Council and such affidavits and objections as may have been served upon the city clerk with the notice of appeal, except to sustain the order of discontinuance. Section 191. The expense of advertising and printing and the compensation of all persons necessarily employed in any foregoing proceeding under this title, is a part of tlie expense thereof, and shall be assessed as such. The Com- mon Council shall fix such expense, and the compensation of all such persons ; except those employed by the commis- sioner of public works, which shall be fixed and certified by said commissioner to the Common Council. The compen- sation of the counsel to the corporation shall not exceed fifty dollars in any such proceeding, unless the Common Council shall, by special resolution, allow a greater sum. Of the acceptance of dedicated streets and highways. Section 192. Whenever any street or highway shall have been laid out, and ceded or dedicated to the public use as a street or highway, in fact or by implication of law, so that the same can be legally accepted and taken as a -Street or highway, the Common Council, on the petition of any party owning lands fronting on the same, may lay out and open such street or highway without the appointment of commissioners, and the Common Council shall have pow- er to declare the same legally laid out as a public street or highway.. Before acting on such petition, the Common 100 Council shall publish in one or more of the official city newspapers, once in each week, for two successive weeks, a notice which shall accurately describe the street or highway sought to be laid out or opened, and state the time when the Common Council will act upon the prayer of the pe- tition. The Common Council may, at any time within one year thereafter, lay out and open such street or highway, and by resolution declare such street or highway laid out and opened, and the same thereupon shall become a public street or highway. Nothing in this section shall make it obligatory upon the Common Council to lay out or open such s_treet or highway. Section 193. The Common Council may, in like man- ner and under the restrictions and obligations contained in the preceding section, declare any strip, piece or parcel of land ceded or dedicated to the pubhc use, adjoining a street or highAvay, to be legally laid out and opened as a part there- of. Of the laying of crosswalks. Section 194. The Common Council may cause cross- walks to be laid out and the expense thereof, after being audited by it, shall be apportioned and assessed by the city clerk on the land in proportion to its frontage, within an assessment district, to be fixed by the Common Council, to include not more than one-quarter of the area of the two blocks connected by such crosswalk. The city clerk shall cause an assessment to be made therefor. He shall make a report of such apportionment of the assessment to the Com- mon Council, who may confirm the report, or direct a new apportionment to be made. When such report shall be confirmed, the assessment shall be a lien upon the property assessed therein, and be deemed an assessment under this title. Section 195. It shall be the duty of owners and oc- cupants of lands fronting on any of the streets or highways to construct, relay, and keep in repair the sidewalks in front of their respective lots, in such manner and at such times and of such material, as the Common Council may direct, 101 after notice shall have been served on the occupant of the premises; personally if occupied — if unoccupied, by publi- cation in the official city newspapers once a week for two successive weeks. If any such owner or occupant shall neglect for thirty days after such notice to construct, relay, or repair such sidewalks as required in such notice, the Com- mon Council may cause such sidewalks to be so constructed, relaid, or repaired, and such lots shall be charged with the expense thereof, and the same after being allowed, assessed and confirmed by the Common Council shall, thereupon be a lien and assessment to that amount upon each lot, and be deemed an assessment under this title. (As amended by Chapter 374, Laws of 1905). Section 196. Whenever the occupant or lessee of any land shall make, repair or construct any sidewalk, as re- quired by the Common Council, he may recover the ex- pense incurred therefor from the owner of such lot by action, or set off the amount against the rent of such land. Section 197. The Common Council may require the owner of any lot of land to excavate, drain, fence, or fill in the same within such time and in such manner as it may pre- scribe, when it may deem necessary for the health or safety of the public. In case any such owner shall neglect to fence, drain or fill in such lot in the manner and within the time so required, after having given thirty days' previous notice to such owner or owners of its intention so to do, the Com- mon Council may cause such work to be done and the ex- pense thereof, upon being audited, assessed and confirmed By the Common Council, shall be a first lien upon such lot, and be deemed an assessment under this title. The notice above provided for shall be given as prescribed in section one hundred and ninety-five of this title as hereby amended. (As amended by Chapter 374, Laws of 1905). Of the collection of assessments. Section 198. All assessments for improvements in the city shall be a lien upon the property assessed, from the time of confirmation, which liens, with interest, percentage and 102 expenses thereon, shall have priority over all other liens or incumbrances. Section 199. Whenever an assessment under this title shall be confirmed, the city clerk shall make an assessment- list, wriich shall be a correct schedule of the several assess- ments, and certify the same, in which shall be stated the assessment on each lot as shown on the assessment-map, if any, as shown by some designated map, and the name of the owner, if given. The Common Council shall cause such assessment-list to be delivered to the receiver of taxes and assessments, with a warrant attached thereto for the col- lection of the assessments stated therein, in the same form as near as may be, as for the collection of taxes, and signed in the same manner and returnable at such time as the Com- mon Council shall direct, which time may be extended. from time to time by resolution of the Common Council. Section 200. All assessments confirmed under this title shall be collected with like interest and percentage and the returns of unpaid assessments made in like manner, as near as may be, as in the case of taxes, as is provided in this act, for the collection of taxes ; and lands charged there- with may be sold for unpaid assessments, and when so sold may be released and redeemed in the same manner as in this act provided for the sale of lands for unpaid taxes and for the leasing and redemption thereof, except that all assessments for the construction, extension, enlargement or repair of sewers and drains and for taking any property, right or easement therefor, hereafter confirmed^ may be paid in installments in such amounts and at such times be- fore the day fixed by the Common Council for the sale of lands for any such assessments as the person paying the same may elect ; that the rate of interest on such assess- ments not paid within one month after the first publication of the notice required by section forty-seven in title three of this" act, shall be eight per centum per annum from the date of the first publication of the said notice, that no lands shall be sold for any such unpaid assessments until at least live years after the same shall have been confirmed, and that , 103 the Common Council shall take proceedings for sale of lands for such unpaid assessments within six years after the con- firmation thereof. The Common Council may issue redemp- tion bonds for the purchase of such lands for the city, under the same restrictions as are provided for the purchase for the city of lands sold for unpaid taxes and all the provisions of title V of this act in relation to unpaid taxes shall apply to such unpaid assessments, as far as practicable, in all respects as if the word "assessment" were used therein whenever the w^ord **tax" is used. Section 201. The receiver of taxes and assessments shall, at the expiration of one month from receipt by him of a warrant for the collection of any assessment under this title report to the Common Council the amount of such assessment received by him under such warrant within such month, and the Common Council may thereupon issue bonds of the city, to be known as "assessment bonds" to the amount of such assessments then remaining unpaid. Such bonds shall be signed by the mayor and city clerk, to be of such denomination, bear such interest not exceeding the legal rate, and mature at such times not exceeding six years from their date, as the Common Council shall prescribe. The Common Council may convert such bonds into money at not less than their par value or obtain loans upon the same, and the proceeds thereof shall be applied only for the purpose for which the assessments so reported unpaid were laid, and the expenses of assessment sales and redemption notices; but nothing in the act hereby amended or in any act amendatory thereof or supplementary thereto shall be construed to prevent the reimbursement to the city of Mount Vernon of any sums by it advanced in anticipation of such bond issue. And all moneys received from such assess- ments, or from the sale of land for the non-payment of such assessments, after the issue of such bonds shall be held and used exclusively for the payment of such assessments, bonds or loans obtained thereon, and the expenses aforesaid. If the money so received shall not be sufificient to pay. such bonds as they become due the Common Council may, from 104 time to time issue additional assessment bonds, equal to the amount of deficiency existing between the moneys so received and the amount of such bonds maturing; provided, however that the time of. payment of any such assessment bonds shall not extend beyond two months after the time within wdiich lands must be sold for the non-payment of the assessments in the respective proceedings for which the said bonds were issued. Section 5. The publication of any notice heretofore begun or made in conformity to section one hundred and ninety-five of chapter one hundred and eighty-two of the act hereby amended as so amended, shall be sufficient to all intents and purposes as if such publication had been made in accordance with said section as it read before such amend- ments. (As amended by Chapter 374, Laws of 1905). •Section 202. In all cases where any proceeding or any assessment for grading, regulating or paving any streets, avenues or public places, or the construction of any sewers or drains, bridges or wells, has heretofore been, or shall have been, or hereafter may be commenced, had taken, laid, assessed, or imposed under the provisions of this title, and either before or after the confirmation of the report of the assessors appointed, or to be appointed, to estimate and assess the expense of such improvement upon the property benefited thereby under this title, the Common Council of the city at any time on discovering any error or irregularity in such report, or in the proceedings by and before such commissioners or assessors, or in the establishment of the assessment district, or in the publication of the notices re- quired by this title, or in any of the proceedings of the said Common Council in respect to such improvement, or when- ever any such assessment or any sale thereunder has hereto- fore been or shall be set aside or declared void 'or illegal by any court of competent jurisdiction, for any reason, may pass resolutions rescinding the confirmation of such report (if the same has been or shall have been confirmed), and vacating and setting aside all or any of the proceedings by or before said commissioners or assessors, or bv or before 105 said Common Council, and providing for and correcting any errors or irregularities in any of the proceedings, and ^yhen requisite, providing for the establishment of a new assess- ment district, and for the completion of the imorovement and for a re-assessment and collection of the expenses there- of upon the property benefited and in the manner provided in this act. Section 203. The said Common Council shall there- upon proceed to ascertain and determine the actual cost and expense paid or incurred for such improvements; and shall fix, estabhsh and describe an assessment district upon and within the limits of which the cost and expense of such im- provements as so ascertained shall be assessed and beyond the limits of which such assesments shall not extend; and thereupon and thereafter the same proceedings shall be had and conducted for the laying and imposing of such assess- ment, the confirmation thereof, the collection of assess- ments and the sale of lands for the non-payment thereof, as are provided in and by the preceding section of this title, in relation to assessments for improvements in said city. Section 204. After the confirmation of the re-assess- ments authorized by sections two hundred and two and two hundred and three of this title, and the delivery of the war- rant for the collection of the same to the receiver of taxes and assessments of said city, as provided in section one hundred and ninety-eight of this title, the said receiver of taxes and assessments shall ascertain upon what portions of the real estate embraced therein the sums assessed in and by said original assessments shall have been paid, and if- it shall have been ascertained to the satisfaction of the said receiver, from the books in the office of the pro- per city officer, or from the sworn statements of parties in- terested or otherwise, that any sum embraced in said origin- al assessment shall have been paid the amount of such pay- ment shall be applied on such assessment, and the lot or portion of real estate upon which the amount so paid shall have been assessed in such original assessment shall be for- ever discharged to the extent of such payment of and from 106 any and all lien, charge or incumbrance by virtue or reason of any assessment. Whenever the assessment districts shall not be similar, or the premises previo'usly assessed shall not be included within the assessment district, all moneys paid upon the premises which shall not be included in such re-assessments for such improvement shall be repaid to the person or persons who shall have made such payment, and said- premises shall be discharged from the lien of such prior assessment. Payment of the final assessment shall operate as a discharge of all assessment liens against the same premises created or charged in the same proceeding. (As amended by the Laws of 1896, Chapter 692). Section 205. The Common Council may also from time to time issue bonds for such sums as may be necessary to pay two-thirds of the expenses of paving streets of the city, provided the aggregate of such bonds shall not exceed the sum of three hundred and seventy thousand dollars provided that not more than thirty-five thousand of such bonds shall be issued in any one year. Such bonds shall be of such denomination as the Common Council shall deter- mine, bear interest at a rate not exceeding four per centum per annum, and mature in sums not exceeding ten thousand dollars in any one year. Said bonds shall be signed by the mayor and city clerk, and sealed with the city seal. The Common Council shall convert said bonds into money at not less than their par value, or may obtain loans on the same, and the proceeds therefrom shall be used only for the payment of two-thirds of the costs of such paving. (As amended by the Laws of 1900, Chapter 274). TITLE VIIL (Chapter 402, Laws 1903). Of police department. Section 206. The city of Mount Vernon shall consti- tute a pohce district. The head of the police department shall be called the police commissioner, who shall be ap- pointed by the mayor. The first appointment under this act shall be made within fifteen days after this act shall 107 take effect. The police commissioner shall, unless sooner re- moved, hold his office for the term of two years, and until his successor shall be appointed and has duly qualified as such. In case of a failure of the mayor for any reason to appoint within the time aforesaid, the Common Council of said city shall make such appointment. The said police commissioner shall receive a salary to be fixed by the Common Council, not exceeding one thousand dollars per annum, to be paid monthly, from which salary the said police commissioner shall pay the secretary or clerk to be appointed as hereinafter provided. He may be removed from office, in the same manner as other appointive of- ficers, as prescribed in section eighteen of chapter one hun- dred and eighty-two of the laws of eighteen hundred and ninety-two. He shall execute to the city of Mount Vernon a bond in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duties as such police com- missioner, with some incorporated surety company (author- ized by law to furnish security) as surety, which bond shall be approved by the Common Council and thereafter filed in the office of the city clerk of said city of Mount Ver- non. The expense of procuring said bond shall be paid by the said city of Mount Vernon. The said police commis- sioner is hereby authorized to appoint a resident citizen of said city as his secretary or clerk, who shall discharge and perform such duties as may be required of him by said police commissioner and who shall serve during the pleasure of said police commissioner. Section 206-a. The said police commissioner shall have cognizance and control of the government, adminis- tration, disposition and discipline of the said police depart- ment, and of the police force thereof. He shall make, adopt and enforce such rules, orders and regulations, and do all such other acts as may be reasonably necessary to effect a prompt and efficient exercise of all powers conferred by law, and the performance of all duties imposed by law upon said commissioner or the said department. He shall have power and is authorized to adopt rules and regulations for 108 the examination, hearing, investigation and determination of charges made or preferred against any member or mem- bers of the poHce force ; but no member of the pohce force, except as otherwise provided in this act shall be fined, repri- manded, removed, suspended or dismissed from the police force, until written charges shall have been made or pre- ferred against him, nor until such charges have been ex- amined, heard and investigated before said police commis- sioner, at a public hearing, upon such reasonable notice to the member charged, and in such manner of procedure as the said commissioner may by rules and regulations from time to time prescribe. Any member of the poHce force who may hereafter become insane or of unsound mind, so as to be unable or unfit to, perform full police service or duty, may be removed and dismissed from the police force by said commissioner. Section 206-b. Except as otherwise in this act provid- ed, the police department, the board of police for the city of Mount Vernon, and the officers of the commissioners of police of the city of Mount Vernon, provided for by chap- ter one hundred and eighty of the laws of eighteen hun- dred and ninety-five, and the acts amendatory thereof, are hereby abolished, and the police department and the police force of said city is hereafter to be constituted, controlled and administered as provided in this chapter. Section 206-c. All the rights, powers, authority, du- ties and obligations, immediately heretofore by law vested in ©r imposed vipon the police department or the board of police of the city of Mount Vernon mentioned in the last above section, shall forthwith by force of and as an effect of this chapter be transferred to and continue in the police department created by this act. Section 206-d. All money, funds and property, and all rights and title to and interest in, and possession of and control over, and all rights to the use and possession of any moneys, funds or property, which when this act takes effect shall be vested in, held or exercised by the board of police for the city of Mount Vernon mentioned in section 109 two hundred and six-b of this act, shall forthwith by force of and as an effect of this act be and become vested in the city of Mount Vernon, and the same shall be held, exercised, managed, controlled, used and applied by and under the direction of the pohce department and the police commis- sioner created by this act, until it is otherwise lawfully pro- vided ; and the said police commissioner is hereby authorized and empowered immediately upon entering upon his duties, to take possession of said property. Section 206-e. The police force of said city shall consist of a chief of police, two sergeants, a keeper, a police surgeon, one roundsman, the latter to be appointed from the patrolmen by and shall hold his position at the pleasure of, the said police commissioner, and as many patrolmen as the said police commissioner may from time to time deter- mine to be necessary. All the members of the police force now in office, to wit, the chief, sergeants, keeper, poHce sur- geon, and patrolmen, shall upon the passage of this act, be transferred to the police force created by this act, with- out examination, and they shall retain their present rank and positions, unless promoted by the said police commis- sioner. All other members of the police force authorized by this act shall be appointed by the pohce commissioner hereby created, and all vacancies shall be filled by appointments of said police commissioner. No person shall be appointed to said police force who shall be over the age of thirty years at the time of his said appointment. (As amended by Chapter 85, Laws of 1905). Section 206-f. The said police commissioner created by this act, shall prescribe the uniform to be worn by said police force. He may at any time appoint citizens as special patrolmen, without pay. The said police commissioner or the said chief of police, may, upon emergency or apprehen- sion of riot, tumult, mobs, insurrection, pestilence or in- vasion, appoint special patrolmen, without pay, from among the citizens as either or both of them may deem necessary. Section 206-g. During the service of any special pa- trolmen, authorized as aforesaid, he shall possess all the 110 powers, privileges, and perform all the duties that may be by orders, rules and regulations from time to time pre- scribed. Every such special patrolman shall wear a badge to be prescribed aiid furnished by the said police commis- sioner. Section 206-h. The terms of office of all special po- licemen or special patrolmen heretofore appointed under powers conferred by chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, and all acts amendatory thereof, shall cease and determine immediately upon the passage of this act, and special patrolmen may be appointed by the police commissioner created by this act as hereinbefore provided. Section 206-i. The said police commissioner shall is- sue to every member of said police force hereby created, a proper warrant of appointment, containing the date of his appointment and his rank. Section 206-j. The said police commissioner shall have power to issue subpoenas cited to compel the attend- ance of witnesses upon any proceeding authorized by the rules and regulations of the police department. The said police commissioner, the chief of police and the sergeants are hereby authorized and empowered to administer oaths and affirmations to any person appearing in any matter or proceedings authorized as aforesaid, and to take any deposi- tions necessary to be made under the rules and regulations of the said police department, for the purpose embraced in this act. Any willful and corrupt false swearing by any witness or person appearing in any matter or proceeding under the said rules and regulations of this act, shall be deemed perjury, and be punished in the manner prescribed by law for that ofifense. In case any person subpoenaed under this section shall fail or refuse to obey such subpoenas, or refuse, when required to, to take the proper oath or affirmation, or to answer any other proper question, upon the presentation of satisfactory proof to a justice of the supreme court or the county judge of Westchester county, or the city judge of the city of Mount Vernon, it shall be the duty of the Ill justice or judge to whom such presentation shall have been made, to issue an order returnable before him at an early day, requiring the person so failing or refusing, to show cause why an attachment should not be issued against him, and to adopt such other and further measures to compel the person to appear and testify, and to punish such disobe- dience, as if the matter w^as legally pending in the supreme court or the county court of said county, or the city court of the said city of Mount Vernon. Section 206-k. The said police commissioner shall on or before the fifteenth day of January, in each year, pre- pare and present to the Common Council a full and item- ized statement or estimate of the necessary expenses for the maintenance of the said police department by this act es- tablished, for the next ensuing fiscal year; and the Com- mon Council of the city of Mount Vernon shall on or be- fore the first day of March in each year, in the manner provided by law, levy and assess upon the taxable proper- ty in the said city of Mount Vernon, the sum of money which it shall determine the public interest will require for the proper maintenance of said police department for the next ensuing fiscal year. The treasurer of said city shall, once a month in each year, pay to the said police commis- sioner one-twelfth part of the sum so determined by said Common Council for the maintenance of said police de- partment out of the first fifty thousand dollars received by him from the receiver of taxes and assessments, out of the moneys collected by the latter from the last preceding tax levy. The said police commissioner shall pay all the claims, accounts and demands against the said police department for the maintenance thereof, which shall be just and proper and be allowed by him, and shall render an account of the state of the finances of said poHce department received and disbursed by him, as often- as the Common Council of said city shall require. He shall also publish annually in the official city newspapers published in said city of Mount Ver- non, a detailed statement of the receipts and expenditures 112 received and made l)y him, previous to and including April thirteenth in each year. .Section 206-I. The balance of all moneys raised in the city of Mount Vernon for the said police department of said city, shall be paid over by the officer or officers in whose charge the same may be, to the said police commissioner. The moneys so coming into the hands of the said police com- missioner shall be applied first to the expenses incurred and remaining unpaid, if any there be, on account of the exist- ing police department in the city of Mount Vernon, and then to the payment of the expenses of the said police commis- sioner and the police force hereby created, as, from time to time may be necessary. Section 206-m. No person holding office under this act shall be liable to jury or military duty, or to arrest on civil process, or to service of subpoena from civil courts while actually on duty. Section 206-n. The members of said police force and the different officers named shall respectively receive such compensation as the said police commissioner may deter- mine. Section 206-0. Neither the mayor, nor any alderman, nor any other person holding office under the city govern- ment, shall be eligible to the office of police commissioner. Section 206-p. No member of the police force, nor the said police commissioner, shall, under any pretense whatever, receive or share in any present, gift, fee, reward^ emolument for service as a member of the said police de- partment, additional to his regular salary or compensation. The said police commissioner may allow any member of said police force, for meritorious or extraordinary service ren- dered by him, to retain for his own benefit any reward or present tendered him therefor. Said commissioner shall re- ceive no salary or compensation for his service under this act, except as in this act heretofore provided. Section 206-q. It is hereby made the duty of said po- lice force at all times of the day or night, within the said city of Mount Vernon, to preserve the public peace, pre- \ 113 vent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of persons and property, guard the public health, preserve order at public meetings and be responsible for the preservation and enforcement of law at every primary and public election, to remove nuisances from the public streets and public and private alleys, roads, places, watercourses and highways, repress and restrain dis- orderly houses and houses of ill-fame, to arrest all street beggars and mendicants, to provide a proper police attend- ance at every fire for the protection and assistance of fire- men; to provide for and protect emigrants, strangers and travelers in public streets and at railroad depots, enforcing every law and ordinance relating to the suppression of crime ; to serve all criminal process within said city, includ- ing all process for violation of suny city ordinance, and exer- cise all the powers, and perform all the duties incumbent upon a police force. The several members of said force shall have power and authority, immediately and without process, to arrest and take into custody any person who shall commit, or threaten or attempt to commit in the presence of such member, or within his view, any breach of the peace or offense directly prohibited by act of the legislature or by any ordinance of the city of Mount Vernon. Section 206-r. The members of the. police force shall possess in every part of the state of New York, all the com- mon law and statutory powers of constables, except for the service of a civil process, and any warrant for search or arrest, issued by any magistrate of the state of New York, may be executed in any part of the state by any member of the police force of said city according to the terms thereof, and all the provisions of the penal code in relation to the giving and taking of bail, shall apply to this.act. (As amend- ed by the Laws of 1903, Chapter 402). Section 207. All members of the police force shall hold their offices during good behavior, and no member shall be removed until written charges shall have been pre- ferred against him and the same shall have been publicly heard and examined by said pohce commissioner, after 114 reasonable notice to him thereof by said poHce commission- er. No person shall be appointed by 3aid police commis- sioner who is not a citizen of the United States, or who has ever been convicted of a crime, or who cannot under- standingly read and write the English language. Each mem- ber of the police force shall subscribe an oath of office in the constitutional form in a book kept for that purpose, and shall take such oath before the said police commissioner, who is hereby authorized to administer such oath and certify the taking thereof. (As amended by the Laws of 1903, Chapter 402). Section 208. The salaries and compensation of the members of said police force shall be paid monthly, in the manner prescribed by the rules and regulations of said po- lice commissioner, subject tt) such deduction from the salary or pay of said member, as said police commissioner shall make to satisfy fines imposed on any member of such force by way of punishment for improper conduct or ofifense com- mitted. (As amended by the Laws of 1903, Chapter 402). Section 209. The chief of police created by this act shall be (subordinate to said police commissioner) the chief executive of the police force. He shall obey, and cause the force to obey, the rules and regulations that may be from time to time established by said police commissioner, in ac- cordance with the provisions of this act, and he shall make all details and assignments of the police force. (As amend- ed by the Laws of 1903, Chapter 402). TITLE IX. Of the prevention and extinguishing of fires. Section 210. The Common Council shall have power to prohibit the erection of wooden buildings within or in the vicinity of the compactly built part of the city, to be specified, but such power shall only be exercised upon a two-thirds vote of the Common Council; to require fire escapes to be proviided in such mills, factories and other buildings, as it may deem safety to human life requires; to raze or demolish any building or structure which may be or 115 become dangerous to human life or health; to prevent the dangerous construction and condition of buildings, walls, chimneys, fire places, hearth stoors, stove pipes, ovens, boil- ers and apparatus used in any building, and to cause the same to be removed or placed in safe condition ; to prevent the deposit of ashes in unsafe places. Section 211. There shall be a bo^rd of fire commis- sioners composed of three commissioners each of whom shall hold his office for the term of three years except that the first three commissioners shall be appointed to hold office as follows : One until the fifteenth day of June, eighteen hundred and ninety-three ; one until the fifteenth day of June, eighteen hundred and ninety-four, and one until the fifteenth day of June, eighteen hundred and ninety-five. The fire commissioners shall receive no compensation for their services as such. Section 211-a. The said board of fire commissioners shall annually on or before the fifteenth day of December fix and determine the amount of moneys necessary to be raised in the annual taxes for the maintenance of the fire department, and shall make a requisition for the amount^, so fixed and determined, upon the Common Council of the cit^ of Mount Vernon, but said sum shall not exceed in any one year twelve thousand dollars, but the Common Coun- cil may reduce' such estimate. The amount finally fixed and determined by the Common Council shall be placed in a separate fund to be called and designated by the comptroller and city treasurer as a fund for the maintenance of the fire department, which said fund shall not be used for any other purpose than specified by this act. The Common Council of the city of Mount Vernon shall annually levy and assess upon the taxable property in the said city of Mount Vernon the sum so fixed and determined, in the manner provided by law for assessing, levying and collecting the city taxes within and for the said city. (As amended by the Laws of 1900, Chapter 361). Section 2ii-b. It shall be the duty of the mayor and city clerk upon receipt of a requisition from the board of 116 fire commissioners to the Common Council, and by that body ordered, to prepare a draft for each and every account or bill which may be presented, duly certified by the presi- dent and secretary of said board of fire commissioners that said bills and accounts have been audited, which draft shall Be countersigned by the comptroller in the same manner as drafts for bills and accounts against the city are now signed, and countersigned, and when the drafts are so signed and presented to the treasurer of the city, he shall pay the same from the fund for the maintenance of the fire department. (As amended by the Laws of 1900, Chapter 361). Section 212. The Fire commissioners shalj have pow- er to authorize the officers of the city to keep idle and sus- picious persons away from the vicinity of any fire ; to com- pel all persons to aid in the extinguishment of fires and the preservation of property, and in case of refusal, to arrest or cause such persons to be arrested as disorderly persons under this act, and to establish such regulations and ordi- nances for the prevention and extinguishment of fires and preservation of life and property thereat as they may deem expedient. Section 213. The fire commissioners shall procure, have charge of and control fire engines, and other appa- ratus, used in the extinguishment of fires; they shall pro- vide suitable quarters for keeping and preserving the same, have power to organize and disband engine, hose,, hook and ladder and other protective companies, which shall consti- tute the fire department of said city; and to appoint a suit- able and competent number of citizens of the city as fire- men, to take the care and management of all apparatus and implements for the extinguishment of fires; to prescribe the duties of and dismiss firemen, and make rules and regu- lations for the government of the fire department. The members of the several companies when organized under this act shall have power to elect from among their number a foreman, a first assistant foreman, a second assistant fore- man and other officers for their respective companies, and to nominate and elect members to fill any vacancy which may 117 occur in their ranks, subject to the regulation and approval of the fire commissioners. The fire commissioners shall de- termine the limit of membership of each company, which however shall not exceed sixty. Each company may adopt by-laws for their government, and impose fines and for- feitures for the violation of the same. They may expel any member for improper conduct or neglect of duty. During the time such companies shall re- main organized, they shall have the custody of the apparatus, assigned to them subject, nevertheless, to the paramount possession, authority and control of the fire commissioners. (As amended by the Laws of 1903, Chapter 448). Section 214. The fire commissioners shall be fire war- dens, and they shall have power and may authorize the chief engineer or the assistant engineers to enter and ex- amine any theatre, opera house, hall or building in order to detect any violation of the city ordinance, and to safeguard the public against fire, panic, or injury resulting therefrom. They may empower the chief engineer to detail a number of members of the fire department to any public gathering, for the purpose of enforcing the provisions covered by this section. (As amended by the Laws of 1903, Chapter 448). Section 215. The members of the fire department shall elect a chief engineer, a first assistant engineer, a second assistant engineer, and a treasurer, who shall hold office for such time as the fire commissioners may prescribe or during their pleasure. (As amended by the Laws of 1903, Chapter 448). Section 216. The chief engineer or either of the as- sistant engineers, or any person in charge of any engine, hose carriage or truck on its way to a fire, may detach from any vehicle any horse or horses, mule or mules, and attach the same to such engine, hose carriage or truck and there- with assist in conveying the same to the locality of such fire; and to use the same for such length of time as the officer may deem necessary, thereafter returning the same to the owner or person from whom it was taken. 118 Section 217. The firemen enrolled by virtue of this act shall, during the term of their term of service as such, be exempted from jury and militia duty, except in case of war, invasion or insurrection ; and a service of five years as such firemen shall forever exempt them from such, jury and militia duty, excepting as aforesaid. The name of each fireman so enrolled shall be registered with the fire com- missioners, and the evidence to entitle him to the exemp- tions aforesaid shall be the certificate of such commissioners. Section 218. Whenever the Common Council shall determine to pay the officers and members of the fire de- partment, or any portion thereof, the fire commissioners shall have the power to reorganize the fire department, ap- point all officers, and members, establish rules and regula- tions for the government of the department when so organ- ized under the provisions of this section; and when so or- ganized all provisions of this act inconsistent with the pro- visions of this section become inoperative. Whenever the Common Council shall determine to pay the officers and members of the fire department, or any por- tion thereof, the Common Council, upon the requisition of the fire commissioners shall raise by tax upon the taxable property within the city, in addition to the sums authorized to be levied and collected in a manner made and provided by law for assessing, levying, and collecting city taxes within and for said city a sum to be determined by the Common Council each year; until such determination the Common Council shall annually set apart and appropriate the sum now allowed by law one-fifteenth of one per centum of the as- sessed valuation for the support of the fire department. The treasurer of the city shall pay to the treasurer of the board of fire commissioners each month one-twelfth of the total amount appropriated for the maintenance and expenses of the fire department, and the said treasurer of the board of fire commissioners shall pay all claims, ac- counts, and demands against the said board of fire commis- sioners which shall be approved and audited by the said board of fire commissioners ; and the said treasurer shall 119 execute to the city of Mount Vernon, a bond in the penal sum of two thousand five hundred dollars with some incor- porated surety company (authorized by law to furnish se- curity as surety) which bond shall be approved by the Com- mon Council, and filed in the office of the city clerk of Mount Vernon, and the expense of procuring the said bond shall be paid by the said city. The treasurer of the board of fire commissioners shall render an account of the finances, as often as the fire com- missioners shall require, and he shall at the end of the fiscal year render to said commissioners a full and detailed re- port covering all receipts and expenditures of the fire de- partment, which report or a certified copy thereof shall be submitted to the Common Council and shall be published in the official newspapers. (As amended by the Laws of 1903, Chapter 448). Poundmaster. Section 219. The poundmaster shall have the powers and perform the duties conferred and imposed upon him by this act and upon town poundmasters by any statute of this state, and such other lawful duties and powers as the Com- mon Council may prescribe. TITLE X. Of the Public Health. Section 220. The board of health of the city of Mount Vernon shall consist of three resident citizens, one of whom shall be a practicing physician within said city, and one of whom shall be a person engaged in business within said city, and all of whom shall be appointed by the mayor and shall hold office during the pleasure of the mayor, and until their successors shall be duly appointed and qualified. Be- fore entering on the duties of their offices they shall take and file with the city clerk the constitutional oath of office. No member of said board of health shall receive any com- pensation for services rendered by virtue of this act. The board of health shall meet at least once a month, and as much oftener as it shall deem practicable. The practicing 120 physician appointed shall be the president, the city clerk, the secretary and the health officer of the city the executive officers of said board of health. Each member of the board of health shall have a vote upon all questions. (As amend- ed by the Laws of 1896, Chapter 692). Section 26. Whenever the word "freeholder" appears in said chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, as a qualification for hold- ing any office under said act, it shall be construed and under- stood to mean the record owner of a freehold estate. (Amendment by the Laws of 1896, Chapter 692). Section 221. The board of health shall have power to make regulations for the periodical vaccination of all per- sons; to prevent the bringing or coming into the city of persons infected with or suffering from contagious, infec- tious or pestilential diseases, or who shall have been exposed thereto, or the dead bodies of such as shall have died there- from ; to prevent persons from visiting rooms or apartments of persons infected with such diseases, or of the attendants of such persons; to regulate the funerals and interments of persons who have died of such diseases; to prevent the bringing into the city of bed clothing or wearing apparel, or any merchandise which shall have been used by any per- son affected with such diseases. To remove or compel re- moval to a hospital, pest-house or other place, or the se- clusion of persons suffering with or who may have been exposed to such diseases ; to take charge of and care for, at the expense of the city, any persons who shallbe affected with such diseases; to designate infected houses and dis- tricts; to prevent persons from entering or coming from infected houses or districts; to cause to be examined and disinfected all infected houses, buildings or districts; to inspect, regulate and compel the proper alteration, rebuild- ing, construction and keeping clean of cesspools, vaults, drains, basins, water conduits and other constructions af- fecting the public health ; to compel all premises to be con- nected with public sewers where existing; to compel the abatement, disuse and removal of vaults, drains, basins, wa- 121 ter conduits and cesspools; to cause any vault or cesspool to be cleaned or emptied; and to suppress, abate and re- move any public nuisance detrimental to the public health; and, in addition to other remedies which it may possess by law, the board of health is hereby empowered to issue its warrant whenever necessary to the sheriff of the county ol Westchester, or to any policeman of the city, authorizing and commanding him to forthwith suppress, abate and re- mov-e such public nuisance; and the amount of expense in- curred in cleaning or emptying anv vault or cesspool, and abating or removing any public nuisance, when certified by said board of health to the Common Council and §led with the city clerk, shall be paid by the Common Council, and such amount shall thereupon be and become a lien upon the lot or premises whereon such public nuisance existed, or said vault or cesspool was cleaned or emptied, with in- terest thereon from the date of payment in favor of the city, and the Common Council may enforce the collection there- of by charging the same against said lot or premises as a tax, in the tax-roll of the ensuing year, or by action against the owner of the said lot or premises, or any person who may have created, permitted or maintained such public nu- isance, or said vault or cesspool; to ascertain and declare the cost and expense of any work, care or other expense bestowed upon private persons or property, and to audit all bills and accounts for work, care or other expenses bestowed upon or for private persons or property, or for medical care, attendants, and the support of patients cared for or sup- ported in hospital, pest-house or elsewhere in the city, and return the same to the Common Council, which shall have power to maintain an action, therefor in the corporate name of the city against any person liable for the payment there- of; to do all things meet and necessary to protect the lives and health of all persons in the city in all sanitar}^ matters; in addition to the powers herein expressly granted to have and exercise all the powers now or at any time hereafter con- ferred upon boards of health in cities by any general. law. And the board of health is hereby authorized and empower- 122 ed to establish, make, publish, ordain, amend and repeal a sanitary code, and all such ordinances, by-laws, rules, or- ders, resolutions and regulations as may be necessary to carry into effect the powers of said board; and to enforce observance of its sanitar}^ code, ordinance;s, by-laws, rules, orders, resolutions and regulations, and each and every of them made pursuant to law by imposing penalties on any person or corporation violating the same and upon the owner or occupant, or either of them, of the premises wltere- on any public nuisance or cause or promotant of disease or ill-health or subject-matter of offense may be, not exceeding in any oue case of violation, two hundred dollars, and to maintain actions to be brought in the city court of Mount Vernon, or any court of competent jurisdiction in the name of the board of health of the city of Mount Vernon, to re- cover such penalties with costs, or to restrain by injunction such violations, or both, or otherwise to enforce such sani- tary code, ordinances, by-laws, rules, orders, resolutions and regulations. Such penalty or penalties may be recovered, and an injunction may be granted in the same action. In any of such actions brought in the city c«»urt of Mount Vernon, the said court shall have jurisdiction (and an in- junction order therein may be granted by said court or the city judge and. said court shall have jurisdiction) to grant and enter judgment perpetually enjoining and restraining «^uch violation. Causes of action to recover two or more penalties for violation of the said sanitary code, ordinance, by-law, rule, order, resolution or regulation may be joined m the same action. Whenever a judgment for money shall be recovered by said board of health in any of said actions the person or persons against whom such judgment is re- covered, in default of payment, may be imprisoned not ex- ceeding ten days under execution against the person in the county jail of Westchester county, without jail liberty. Every sanitary code or amendment thereto, ordinance, by- law, rule, order, resolution or regulation adopted by the board of health imposing any penalty or forfeiture for a . violation of the same after its passage, must be subscribed 123 by the secretary of said board, and published at least once in each week, for two successive weeks, in one of the official city newspapers. Personal service of any such sanitary code or amendment thereto, ordinance, by-law, rule, order, reso- lution or regulation shall, in case of the person served, be equivalent to due publication thereof. All -ordinances law- fully adopted by the Common Council, or by the board of health of the city, affecting the public health, shall be and remain in full force until repealed. Section 222. The board of health may prescribe the powers and duties of the health officer, in all sanitary mat- ters, in so far as the same shall not conflict with his powers and duties, as the same are or may be prescribed by general statutes. Section 222,. The Common Council may lease or pur- chase a building for a hospital or pest-house. Whenever such hospital or pest-house shall have been leased or pur- chased, the board of health shall have power to make rules, ordinances and regulations for its management, for the ad- mission and conveyance of patients thereto, and for the col- lection of expenses incurred for medical aid, attendants and the support of the patients therein, or elsewhere in the city at the city's expense, and if the person so cared for or sup- ported shall be a poor person not having visible property sufficient to pay the expense thereof, not exempt from exe- cution, the parents, children or guardians, as the case may be, of the person so supported or cared for shall be jointly and severally liable for his or her support and maintenance, and the city shall have a cause for action against the person or persons so liable, for the recovery of the expenses of such support and care, with costs. If the Common Council shall neglect or refuse to provide a suitable hospital or pest-house, when required by the board of health, such board, may when- ever the necessity therefor exists, for the protection of the public health, at the expense of the city, provide a tempo- rary hospital or pest-house, and maintain the same, until the necessity therefor ceases, or suitable provision is made by the Common Council. No building shall be leased, pur- 124 chased or erected in the city for use as hospital or pest- house, or used for such purposes, without the sanction and approval thereof of the board of health. Section 224. Every practising -physician in the city, who shall attend a patient sick or attacked with any con- tag'ious, infectious or pestilential disease, shall forthwith, upon discovery by him, make report thereof in writing to the health ofhcer, and for neglecting so to do, shall be deemed guilty of a misdemeanor. Section 225. The board of health of the city of Mount Vernon shall have power to regulate and prescribe plans and methods for plumbing and drainage of property situated in said city. Whenever said board of health shall so require the drainage and plumbing of all buildings and of all prem- ises of the city of Mount Vernon, shall be done in accord- ance w^ith the rules, regulations and requirements of the board of health in relation thereto, and in accordance with plans previously approved in writing by such board or per- son by it duly appointed for such purpose, after suitable •• drawings and description of said plumbing and drainage in each case shall have been placed on file with the secre- tary of said board. Section 226. (Repealed). TITLE XI. Of the poor. Section 227. All laws now in force not inconsistent with the provisions of this act, appHcable to overseers of the poor in towns shall apply to the commissioner of charities, and such commissioner of charities shall have and possess all the powers which overseers of the poor of towns now have or which may hereafter be conferred upon them. Section 228. The Common Council may by ordinance prescribe the duties of such commissioner of charities in re- lation to the temporary aid and assistance to the poor, and may appropriate such moneys for such purpose as it shall deem proper. 125 TITLE XII. Of the school district and board of education. Section 229. All the territory included within the boundaries of the city of Alount Vernon shall hereafter con- stitute a seperate school district within this state, and shall be designated as "the school district of the city of Mount Vernon." Such district shall be entitled to all the rights, powers, privileges, public moneys and other benefits con- ferred by law, or other state authority, upon school dis- tricts, and shall be subject to all the rules, regulations, powers of inspection and superintendence, prescribed by law, applicable to school districts in cities, except as other- wise hereinafter prescribed. (As amended by the Laws of 1894, Chapter 10). Section 229-a. The affairs of said school district of the city of Mount Vernon shall be managed by a board composed of two members from each ward of said city, and a president at large to be, elected in the manner in this act provided, which board shall be known and designated as the ''board of education of the city of Mount Vernon." Such board and its successors, shall possess all the powers con- ferred, and discharge ail the duties imposed by this act, or by any general law of this state relating to school districts in cities, or relating to the board of education of such dis- trict, and not inconsistent with the provisions of this act. (As amended by the Laws of 1894, Chapter 10). Section 229-b. The board of education of the city of Mount Vernon shall have the power, subject to the pro- visions of this act, to purchase, take, lease, hold or improve any real or personal estate, in trust for said school district of said city, for the support and maintenance of public schools, or for any of the purposes of education in said city. It may also take, by gift, grant, bequest or devise, and hold any real estate or personal estate in trust for any of the purposes of education, art, or the purchase, support or main- tenance of public libraries in said city, upon such terms as may be prescribed by the donor or donors and accepted by said board, and it may execute any trust for any of the pur- 126 poses aforesaid, and provide for the proper execution there- of. The title of all the school-houses, sites and lots located within the boundaries of the city of Mount Vernon, and personal property appertaining to the school-houses situated within said city, heretofore belonging to or in the posses- sion of school districts numbered "one, two, four and five, in the town of Eastchester, shall be and is hereby vested in the school district of the city of Mount Vernon; and said school districts, being wholly or in part within the boundaries of said city, are each dissolved ; and such districts or portions thereof as are within the boundaries of said city are con- soHdated and constituted, as hereinbefore provided, into the school district of the city of Mount Vernon ; and all such parts or portions of said districts as are not within the boundaries of said city shall continue to remain as independ- ent and separate school districts, as though this act had not been passed, until they may be annexed to such an adjoining district in said town of Eastchester, as the school commis- sioner of the first school commissioner district of the county of Westchester may designate, subject to an appeal to the superintendent of public instruction of this state. The trustees of school districts numbers one, two, four and five, of the town of Eastchester, who do not reside in said city of Mount Vernon, shall continue to discharge the duties of their respective ofifices during the remainder of the terms thereof, or until the remaining portions of such district or districts are annexed to and form a part of some other district in said town, as hereinbefore provided, and said trustees residing outside of said city are hereby em- powered to fill any vacancy or vacancies which shall occur in any of the offices of their respective boards of education by reason of the act until the next regular school election in their respective districts, when such vacancies shall be filled by election for the balance of the unexpired term of such respective offices. In the event of any portion of any one of said districts one, two, four or five being annexed to any other portion of said districts lying outside of said city, then the terms of office of all the trustees of such districts 127 SO annexed shall cease and expire. (As amended by the Laws of 1894, Chapter 10). Section 229-c. Immediately following- the passage of this act, the comity judge of Westchester county, by desig- nation in writing to be signed by him and filed in the office of the city clerk of said city of Mount Vernon, -shall appoint five persons, who upon such appointment shall constitute a special committee to take account of the real and personal property, school houses, sites and lots, held in trust, for the purposes of education, by the trustees or board of education of the several school districts herein enumerated at the time of the consolidation hereby prescribed; and said committee shall ascertain, by reference to the report of the board of education of the city of Mount Vernon, as hereinafter di- rected to be made, how much of such real and personal property subsequently became vested in the school district of the city of Mount Vernon under the provisions of this act, and how much of such property remains outside the bound- aries of the city of Mount Vernon, and in the possession of the school districts, or any of them, of the town of East- chester. Such committee shall thereupon, subject to the ap- proval of the superintendent of public instruction of this state,' adjust the values of such property equitably among- the school districts in interest, directing what sum or sums of money, if any, are to be paid to or received by any of the school districts hereby afifected, whether of the town of Eastchester, or the city of Mount Vernon, as compensation for or in satisfaction of property transferred or acquired un- der the provisions of this act. And the sum or sums of money so directed to be paid, if approved by the superin- tendent of public instruction of the state, shall become a charge against the school district or districts found indebted, and the amount assessed shall be included in the next suc- ceeding annual statement of moneys required, submitted by the trustees or boards of education under existing laws or under the provisions of this act, and when collected shall be paid over to the treasurer of the respective school' dis- 128 tricts which may be entitled thereto. (As amended by Chapter lo, Laws of 1894). Chapter 243, Laws 1895, Section i. Each commission- er designated or appointed pursuant to the provisions of section two hundred and twenty-nine (c) of chapter ten of the laws of eighteen hundred and ninety-four, entitled ''An act to amend chapter one hundred and eighty-tw^o of the laws of eighteen hundred and ninety-two, entitled "An act to incorporate the city of Mount Vernon," shall be entitled to demand and receive as compensation for services so ren- dered, the sum of two hundred and fifty dollars, and for the purpose of providing funds with wdiich to make payments the board of education of the city of Mount Vernon, as at present constituted, shall insert in the school budget to be made next ensuing after the passage of this act the sum of eight hundred and fifty dollars. The board of education of school district number one of the town of Eastchester, as at present constituted, shall insert in their budget, to be made next ensuing after the passage of this act, the sum of one hundred dollars. The board of education of school dis- trict number two of the town of Eastchester, as at present constituted, shall insert in their budget, to be made next ensuing after the passage of this act, the sum of one. hun- dred and fifty dollars. The board of education of school dis- trict number four of the town of Eastchester, as at present constituted, shall insert in their budget, to be made next ensuing after the passage of this act, the sum of one hun- dre(;J and fifty dollars, and the said various boards of educa- tion herein named, shall pay said respective sums of money when the same shall have been levied and collected as re- quired by law over to the treasurer of the city of Mount Vernon, who shall pay the same, when received by him, over to said commissioners as and for their compensation as provided in this act. (As amended by the Laws of 1895, Chapter 243). Section 229-d. The Board of Supervisors of West- chester county shall, at their first annual session after the passage of this act, proceed to inquire and determine the 129 amount of uncollected tax for school purposes that was, at the date of the passage of this act, assessed and confirmed against the real property in the territory covered by the several school districts hereby affected. Of the amount so ascertained the said board shall determine how much should be equitably paid to the school district of the city 'of Mount Vernon as created by this act, and how much to such of the school districts of the town of Eastchester as were for- merly parts of the school district hereby consolidated and made the school district of the city of Mount Vernon. In determinmg the proportions of the school tax to be paid as aforesaid, to the several school districts, the Board of Supervisors shall be governed by the assessed valuation of property, subject to school tax, located within such school districts as they existed before the passage of this act, and the proportion of school tax, uncollected at date of the passage of this act, to be paid to such of the school dis- tricts of the town of Eastchester as were formerly parts of the school districts hereby consolidated, shall bear propor- tion to the assessed valuation of the real property in such school districts of town of Eastchester, and outside the boundaries of the consolidation school district of the city of Mount Vernon. (As amended by the Laws of 1894, Chapter 10). Section 229-e. On the second Tuesday following the date when this act shall take effect, the members of the board of education of union free school districts numbers one, two, four and five of the town of Eastchester, then re- siding within the boundaries of the city of Mount Vernon, shall assemble at the Fifth avenue schoolhouse, situated on lifth avenue near Second street in said city, at eight p. m. of that day; and such oi their number as shall so assemble shall then and there organize by the election of one of their number as president, and some suitable person, not of their number but who shall be a resident of said city, as clerk, who shall, by virtue of his office, act as secretary and keep the minutes and accounts of said board; and thereupon and thereafter such members of said boards of education and 130 trustees so organized shall be known and designated as and shall -become and be and possess all the powers and dis- charge all the duties of the "board of education of the city of Mount Vernon," as provided by this act; and thereupon the terms of office of all the trustees of said school districts one, two, four and five residing in said city shall cease and expire. At a special school election for the city of Mount Ver- non to be held within thirty (30) days after the passage of this act, notice of which shall be given by said board of education of the city of Mount Vernon,- as hereinafter pro- vided, there shall be elected^ by the persons residing within said city qualified to vote for school officers under the gen- eral school laws of this state, a president of said board of education of the city of Mount Vernon, who shall hold office for the term of four years. And also at such special election there shall be elected, by the persons residing in the respective w^ards .of said city who shall be qualified un- der the general school laws of the state to vote for school officers, two members of said board of education, to be known as trustees, one of which in each ward shall be elected for a term of two years, and the other for a term of four years; and at each regular school election thereafter to be held, as hereinafter provided, there shall be elected one member of said board of education in each w^ard of said city, whose term of office shall be for four years, in place of the trustees from each ward whose term of office shall next thereafter expire ; and at each alternate regular school elec- tion thereafter to be held, there shall be elected, by the city at large, a president of said board, whose term of office shall be four years, in place of the president whose term of office shall next thereafter expire. The said board of education shall designate at least five polling places in as many separ- ate w^ards in said city as the polling places for holding elec- tions for school officers, and the particular ward for which each polling place shall serve. Notice of such special election, and of all subsequent elections to be held under this act, shall be given by said board of education of the citv of Mount \'ernon, bv a no- 131 tice to be signed by its president and clerk, which shall specify the time of holding such election and, the location of the several polling places, and the ward to which each polling place is assigned. It shall also specify the number and office of members of said board, with their respective terms of office, to be elected thereat. Such notice shall be published in the official city newspapers at least once in each week for three successive weeks immediately preceding sucH election. The inspectors of election of the several election districts, wherein such polling places are situated respective- ly, and who are authorized to hold and conduct elections in said city at the time of holding such school elections, shall preside and hold said school elections in their respective districts. The clerk of said board of education shall, at least ten days before the date of such school elections, notify the inspectors of election districts in which polling places are situated, by notice mailed to each of them in the post-of- fice of said city, of every such election and the polling places designated by said board. The inspectors of election in each of said election dis- tricts shall preside and conduct such school elections at the places in their respective districts designated as aforesaid; and their powers and duties in respect thereto shall be de- termined and regulated by the provisions relating to the holding of the annual city elections for city officers, except as modified by this act. The regular election for school officers in said city, under this act, after said first election, shall b,e held on the first Tuesday of June, eighteen hundred and ninety-six, and biennially thereafter on the first Tuesday of June in each alternate year. Said first election, and all subsequent elections for school officers, shall be opened at three o'clock in the after- noon and shall be kept open, without intermission or adjournment, until nine o'clock in the evening, when the same shah be finally closed, and the inspectors of election shall forthwith, without adjournment, canvass all votes cast, declare and make duphcate certificates of the result, as re- 132 quired in the general city elections, and file such duplicate certificate within twenty-four hours thereafter, one with the clerk of the board of education of said city, and the other with the clerk of said city. At such elections there shall also be elected, when necessary, in the respective wards, such other member of the board of education as required to fill a vacancy that may have occurred during the preceding year, the member so elected being entitled only to fill the unexpired term of the member who may have resigned, refused to serve, died or been removed. In case of members of the board elected to fill vacancies as herein described, their names upon the bal- lots to be voted must be accompanied by the words : "To fill the unexpired term of resigned," or "re- fused to serve," "died" or "removed," as the case may be. The members of the board of education who shall be elected by the electors of the respective wards, under the provi- sions of this section, shall be residents of and freeholders in such wards during their respective terms. They shall re- ceive no compensation for their services as members of sudi board. (As amended by the Laws of 1894, Chapter 10). Section 229-f. On the day following the first school election, and on the days following the regular school elec- tions to be held under this acj;, the board of education of said city shall convene at eight o'clock in the evening, at its usual place of meeting, and all the certificates of tlie votes cast at each of the polling places designated as aforesaid shall be produced and said board of education shall forth- with proceed to canvass such certificates, declare the result thereof, and shall cause a statement of the whole number of votes cast for each candidate to be entered on its minutes, shall declare those persons elected who have received the greatest number of votes, and shall immediately thereafter make a certificate in writing of all those who are duly elect- ed, to be signed by its president and clerk, and cause the same to be filed within twenty-four hours in the office of the city clerk, and it shall be the duty of the city clerk, within five days thereafter, to notify the several persons so duly 133 elected of their election. The persons so elected shall, with- in fifteen days after the filing of such certificate of election as aforesaid, take the constitutional oath of office, and file the same within the said fifteen days in the office of the city clerk; and every person who neglects within said last men- tioned period to take and file said oath of office shall be deemed to have declined the office, and it shall be vacant. (As amended by the Laws of 1894, Chapter 10). Section 229-g. The term of office of each school of- ficer elected under the provisions of this act shall commence on the second Monday of August next following his elec- tion; and on the second Monday of August next following the passage of this act, the board of education of the city of Mount Vernon, as constituted for the preceding year, shall be dissolved and the terms of office of all the. trustees or members of the board of education of school districts one, two, four and five of the town of Eastchester, then re- siding within the boundaries of the city of Mount Vernon, shall cease and expire, and the persons to be elected at said first school election, after duly qualifying, as hei'einbefore provided, and their successors in office, shall thereafter con- stitute the board of education of said city. A majority of the trustees of said board of education shall constitute a quorum. In the proceedings of the board of education the president shall preside over its meetings; and each member thereof present shall have a vote except the president, who shall have only a casting vote when the votes of the other members are tied. Every school officer shall at the time of his election and during his term of office be a resident and freeholder of the city, and every trustee removing from the ward from which he was elected, and every school officer removing from the city, shall thereby vacate his office. All school property located within the boundaries of said city, as well as all powers, privileges and contracts exer- cised and enjoyed by and all duties, obligations and liabilities of said trustee or boards of education of the school districts herein enumerated, except as herein provided, are hereby 134 transferred to, vested and imposed upon said board of educa- tion of the city of Mount Vernon, constituted and organized as aforesaid; and said board shall be held to have actual possession and be seized of all such property, rights and contracts, in trust for said school district of the city of Mount Vernon, for school purposes as hereinbefore pro- vided; and the rights and privileges of all persons or parties that may have arisen or accrued under, pursuant to, or by virtue of any contract, rule or regulation, as well as any liability that may have arisen by reason thereof, except as hereinafter provided, shall remain and be in force by or against said board of education of the city of Mount Ver- non and their successors, in the same manner and with like effect as might have been done by or against the trustees or boards of education of said school districts, or their or each of their successors, as if this act had not been passed. All books of record, account or instruction, and all documents and papers of whatever nature, that pertain to any of the schools within the boundaries of the city of Mount Vernon, and are in possession of the trustees or boards of education of the several school districts herein enumerated at the time of the passage of this act, shall be turned over and delivered to the board of education of the city of Mount Vernon upon its organization. (As amended by the Laws of 1894, Chap- ter 10). Section 229-h. The trustees of school districts num- bers one, two, four and five of the town of Eastchester shall make out and deliver to the board -of education hereby created, at the first meeting, a detailed statement of their several districts, showing all the school property, both per- sonal and real, in their several school districts, and the esti- mated value thereof, the number of schoolhouses in their districts, the size thereof and the materials of which the same are built, the departments into which the schools are divided, and the average attendance of each school and de- partment, the number of volumes in the school library, the number and names of the teachers employed in each, their rank and the salaries paid to each ; the balance on hand at 135 the time of their annual report, the amount of money or- dered to be raised at the last meeting of the district, and the purposes for which it was appropriated ; the receipts and ex- penditures of said trustees since said last annual meeting; the amount of money due and owing to the district, the amount of indebtedness of the district, and such other facts as they may deem necessary to make a full and complete statement of the condition of the schools in their several districts. Immediately upon the organization of the board of education of the city of Mount Vernon, as hereinbefore pre- scribed, said board shall proceed to the discharge of its appropriate duties. It shall provide and appoint a place for its further meetings, which shall be held as often as once in each calendar month. It shall adopt proper rules and regulations for such meetings and the dispatch of its business, and for the appointment of such committees as it may deem advisable. It shall appoint a clerk, as hereinbe- fore provided, who shall hold office during the pleasure of the boardj and whose compensation shall be fixed by such board. The clerk shall keep an accurate record of the pro- ceedings of said board, and shall perform such other duties as the board may prescribe. Said board shall, within fifteen days after its first organization, prepare a report of all the real and personal property acquired by it under the pro- visions of this act, specifying the location and approximate value thereof, which report shall be transmitted to the special committee directed to be appointed in section two hundred and twenty-nine (c) of this act. Said board of education shall also proceed to make, and as soon as prac- ticable complete, a statement and account of all the funds in hand, collected or in process of collection, in each of the school districts consolidated under this act, with the pro- portion thereof that should come into the possession of the said board by virtue of this act; and of all the debts and liabilities owing, contracted or incurred by each of said districts, showing the proportion thereof that should b.ecome a charge against the school district of the city of Mount 136 Vernon. Copies of such statement shall he transmitted to the Common Council of the city of Mount Vernon, the said special committee created as above provided, and the super- mtendent of public instruction of this state. Said board shall proceed to collect such outstanding accounts as pertain to the schools or school property within the boundaries of the city of Mount Vernon, and such portion of the outstand- ing school tax as the Board of Supervisors of Westchester county shall under the provisions of this act, apportion to said school district of the city of Mount Vernon. Said board of education shall also proceed to settle and liquidate the debts and liabilities of said districts that have been incurred upon or on accoufit of the schools or school prop- erties located within the boundaries of the city of Mount Vernon; and such debts and liabilities of said school dis- tricts as pertain to or have been incurred upon or on account of school and school properties remaining outside the boun- daries of the city of Mount Vernon, shall be apportioned as charges against the school districts of the town of East- chester that may be formed from the parts or portions of school districts hereinbefore enumerated, by the school commissioners of the first school commissioner's district of Westchester county, under the provisions of section two hundred and twenty-nine (b). (As amended by the Laws of 1894, Chapter 10). Section 229-i. Subject to the provisions of this act, the board of education of the city of Mount Vernon shall have power, and it shall be its duty : 1. To establish and organize, in said city, such and so many free schools, including night schools, as said board shall deem requisite and expedient, and to change or discon- tinue the same at its discretion. 2. To establish and maintain, whenever it shall be deemed expedient so to dOj within the limits of the school district hereby created, a high school, to which graduates from the free schools of said district shall be admitted for a course of instruction to be regulated by the board of edu- cation. I 137 3. To organize, establish and maintain school saving- banks under the authority of, and in conformity with, any general law of the state in regard to such or similar in- stitution. 4. To purchase or hire, sell or dispose of, school- houses, lots or sites, to alter, improve and repair school- houses and appurtenances as may be deemed advisable. 5. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages, and to defray the necessary expense attending the same. 6. To have the custody and safe-keeping of the school buildings, lots, out-houses, books, furniture and appendages, and to see that the ordinances and by-laws of said city in regard thereto are enforced, and any violation thereof pun- ished. 7. To contract with and employ a superintendent of instruction for said city, and fix his compensation; to con- tract with and employ all necessary teachers for the schools of the city, and at pleasure to remove them or any of them, or the superintendent of instruction, under such rules and regulations as may be established by law, or by the depart- ment of public instruction of the state. And nothing in section two hundred and twenty-nine (g) of this act shall be construed to prevent the exercise of the power hereby conferred upon the board of education. 8. To pay the salaries of superintendent and teachers out of any moneys appropriated or provided by law for that purpose. 9. To defray the necessary contingent expenses of the board and district, including the wages of clerk, janitors and other assistants and employes, and incidental expenses. 10. To expend all moneys raised by virtue of this act, or which may have been previously raised by any of the districts consolidated hereby, for purchasing sites, erecting or enlarging schoolhouses, or for other purposes, in such manner as may be deemed advisable, but only for the pur- pose for which the same was raised; and the expenditures herein directed apply only to school property located within 138 the boundaries of the city of Mount Vernon, outside which the board of education hereby created has neither authority nor jurisdiction. II. To take and appropriate land and other real prop- erty within said city for school purposes, when authorized so to do, upon making compensation therefor, in the same manner and under the same proceedings as prescribed and conferred upon the Common Council of the city of Mount Vernon, in the matter of improvements, by section one hun- dred and seventy of title seven of chapter one hundred and eighty-two, of the laws of eighteen hundred and ninety- two. (As amended by Laws of 1894, Chapter 10.) 12. To license all teachers employed in the schools thereof in the same manner and with like effect in said city as school commissioners of counties. (As amended by Chapter 189, Laws 1895). 13. To have, to the exclusion of all boards and offi- cers except the regents of the university and the superin- tendent of public instruction of the state, the entire super- vision and management of the public schools of said city, and the right, from time to time, to adopt, alter, modify or repeal, as may be deemed expedient, rules and regulations for their organization, government and instruction for the reception of pupils and their transfer from one school-room or school-housp to another, for their advancement from class to class, as their degree of scholarship shall warrant, and generally for the promotion of the good order and pros- perity of said schools. (As amended by the Laws of 1895, Chapter 189). 14. To allow the children of persons non-resident within the city to attend any of the schools therein under the control of said board, upon such terms as said board may prescribe. (As amended by the Laws of 1894, Chapter 10). 15. To establish and maintain a free public library, and to provide suitable rooms therefor, to employ and pay a librarian and assistants to have the care and supervision of the books and other publications belonging thereto, and supervise the letting out and return thereof. To exercise 139 the same discretion as to the disposition of the moneys pro- vided by law for the purpose of libraries, as is conferred upon the inhabintants of school districts. (As amended by the Laws of i8q6, Chapter 146). 16. Except as otherwise provided by this act, to exer- cise all the powers conferred upon the inhabitants of school districts at school district meetings. (As amended by the Laws of 1894, Chapter iq). 17. Except as otherwise provided by this act, to exer- cise all the powers conferred, and all the duties imposed, by the general laws, of this state appHcable to boards of edu- cation in cities. The records of the proceedings of said board, or a transcript thereof, certified by its president and clerk, shall be received in all courts or places as prima facie evidence of the facts therein stated. (As amended by the Laws of 1894, Chapter 10). Section 229-j. Within thirty days after the first organ- ization of the board of education hereby created, and on or before the first day of May in each year thereafter, said board shall present to the mayor, or acting mayor, of the city of Mount Vernon^ a statement of such moneys as it may deem necessary for each of the following purposes un- til the next annual statement, namely : 1. For wages of superintendent and teachers, after ap- plying such of the public school and other moneys as may be applicable thereto. (As amended by the Laws of 1894, Chapter 10). 2. For the maintenance of a high school, if one shall have been established, and the payment of the teachers thereof after applying such of the public school and other moneys as may be applicable thereto. (As amended by the Laws of 1894, Chapter 10). 3. For the repair of school-houses, out-houses and grounds with their appendages and appurtenances. (As amended by the Laws of 1894, Chapter 10). 4. For the purchase, repair or improvement of school apparatus, books, furniture and fixtures. (As amended by the Laws of 1894, Chapter 10). 140 5- For the purchase, maintenance and care of the free pubHc library and of the school and academic libraries, but not to exceed ten thousand dollars in any one year. (As amended by the Laws of 1907, Chapter 165). 6. For the rent of school-houses and rooms for school purposes, the purchase of fuel and lights, and to pay the contingent expenses of the district, including the wages of clerk, janitors, and other assistants and employees, and in- cidental expenses. (As amended by the Laws of 1894, Chapter 10). 7. For such other purposes as required by the pro- visions of this act. If the mayor or acting mayor approves such statement, he shall sign it, and immediately file the same with the city clerk; if he does not approve any item therein he shall, within two days, return the statement, with his objections indorsed thereon or annexed thereto, to the president or clerk of the board of education. Said board shall then pro- ceed to reconsider such statement, and if three-fifths of all the members then. in office agree to sustain the statement as made, it shall stand as if it had been approved by the mayor, and shall be immediately filed with the city clerk. If three-iifths of the members of said board do. not agree to sustain the statement as made, it shall be modified so as to conform to the views expressed by the mayor in his objections, and he shall then sign it and file it with the city clerk. If the mayor or acting mayor fails to sign a state- ment of moneys required, as herein provided, or fails to return such statement, with his objections thereto, to the board of education, wnthin two days after its submission, said statement shall be filed with the city clerk in the same manner as if it had been approved. When such statement is filed with the city clerk, the Common Council of said city shall include the amount therein called for in the annual tax and assessment-roll for that year, and the amount so certified shall be collected and paid to the city treasurer who will credit it to the general school fund of the board of education. All public moneys or public funds belonging or 141 appropriated to the use of said district shall be paid to the treasurer of said city, who shall keep the same separate from the general funds of the city, and shall credit to the school fund the moneys or property belonging thereto. The board of education shall disburse all the funds of said dis- trict by orders upon the treasurer, signed by its clerk and :ountersigned by its president. Said orders shall be num- bered consecutively, and shall specify the purpose for which they are drawn and the person to whom payable. Upon the request from said board the treasurer shall certify, from time to time, the balance remaining to the credit of said school fund. Whenever any moneys are collected by or paid to the city treasurer for school purposes, it shall not be lawful for said treasurer to apply such money, or any part thereof, to any other purpose or object. (As amended by the Laws of 1894, Chapter 10). Section 229-k. When the board of education shall de- termine by resolution that it is necessary to purchase any site or addition to any site for a school-house or play- ground or to erect any school building or enlarge, alter or improve any school building already erected, it shall specify in such resolution the ward within which each of such sites is to be purchased and each of such buildings is to be erect- ' ed, enlarged, altered or improved and the particular sum required for each separately. The said board of education shall thereupon give notice that a special election will be held in said city of Mount Vernon on such a day as ^the said board of education shall fix and determine. Such notice shall be signed by the president and clerk of the said board of education and shall specify the time of holding said elec- tion. It shall also specify the location of the several polling places of which there must be at least one in each ward of said city, and it shall also specify the ward in which such polling place is located. The said polling places shall be fixed and designated by a resolution of the said board of education. The said notice of election shall be published in the of^cial city newspapers at least once in each week for two successive weeks preceding such election. The inspec- 142 tors of election of the several election districts of said city wherein said polling places are situated respectively and who are authorized to hold and conduct elections in said city at the time of holding any election provided for in this sec- tion shall preside at and hold said elections in their respec- tive districts at the places in their respective districts desig- nated as aforesaid. Their power and duties in respect there- to shall be determined and regulated by the provisions re- lating to the holding of elections for city ofificers in said city of Mount Vernon except as modified by this act. The clerk of the said board of education shall at least ten days before the date of any such election notify the inspectors of elec- tion of the election districts in which said polling places are situated by notice mailed to each of them in the post-office of said city, of every such election and the polling places therefor designated by the said board of education. The polls shall be opened at three o'clock in the afternoon and shall be kept open, without intermission or adjournment until nine o'clock in the evening, when the same shall be finally closed. The said inspectors of election shall forth- with, without adjournment canvass all the votes or ballots cast, declare the result, and make duplicate certificates of the same in the manner required in the elections for city of- ficers in said city and file such duplicate certificates within twenty-four hours thereafter, one with the clerk of the said board of education and the other with the clerk of said city. The board of education shall provide and deliver to the said inspectors of election at each of the said polling places before the opening of the polls sufficient printed ballots for the use of the electors, which shall be indorsed "school tax" and shall, as the same are voted be deposited in a bal- lot box provided therefor and marked "school tax." Upon the inside of such ballots shall be printed the several items or objects to be voted for, with the words "for" and "against" at the beginning of each item. Each elector shall indicate his vote as to each of said items, by erasing or drawing a mark through the one or the other of said words 143 ''for" and "against." The inspectors shall canvass the said votes, and make a statement thereof in respect to each item voted upon, and immediately file the same with the clerk of the board of education. Within three days following such election the board of education shall convene at its- usual place of meeting, at half-past seven o'clock in the evening, and the statement from each polling place shall be produced, and the board shall forthwith declare and make a certificate in writing of the result. In case a majority of the votes cast be in favor of any said taxes, the board of education shall have authority to borrow, upon the faith and credit of said city, the aggregate of the items having such majority, or any part thereof, at any time before and until the same can be provided for according to law. In case the sum or sums so authorized to be raised shall exceed the sum of five thousand dollars, the board of education shall issue bonds of the city of Mount Vernon or other evidence of indebted- ness in such form as it may prescribe for the amount of such sum or sums at a rate of interest not exceeding four per centum per annum, and payable at such times as the said board of education shall fix or determine. The said bonds shall be exempt from taxation. Said bonds or any part thereof may be sold by the said board of education in such manner as it may deem best, but at not less than the par value thereof. The board of education shall, on or before the first day of May in each year, file with the city clerk a statement of the amount necessary to be raised to pay the principal that will become due during the ensuing year up- on the bonds or obligations so issued by said board, and the Common Council shall include the same in the annual city tax and assessment-roll for that year. Such amount shall be collected and paid to the city treasurer, and by him credited to the "loan fund." This act shall not be construed to affect any obligation made prior to the passage of this act. The board of education, after completing the work or other objects for which the said money may have been raised, may apply any unexpended balance that may remain to any 144 object authorized or contemplated by this act. (As amend- ed by the Laws of 1901, Chapter 4)73). Section 2, Chapter 473, Laws 1901 : All acts or parts of acts inconsistent with this act are hereby repealed. Section 229-I. It shall be the duty of the board of education, at least thirty days before the annual city elec- tion for city officers in each year, to make to the mayor and Common Council of the city a detailed report of the manner in which it shall have expended the* money provided for and appropriated to school purposes from any sources during the last fiscal year of the board of education, also a full state- ment of the bonded or other indebtedness of the district and such report shall be published by the Common Council in connection with, and as a part of, the annual report of the financial transactions of the city which they are required by law to have printed and circulated. Said board of edu- cation shall also make report to the superintendent of public instruction of the state, and such report shall be made in the manner and at such times as he may direct. (As amend- ed by the Laws of 1894, Chapter 10). Section 229-m. It shall be the duty of the superinten- dent of public instruction of this state to apportion for the use of the said board of education of the city of Mount Ver- non such portion of the school, library and other public money as it shall be entitled to by its annual report, in the same manner in which such moneys are apportioned to cities, and the amounts to which it shall be so entitled shall Be certified to the county treasurer of Westchester county. The said county treasurer of Westchester county shall pay over to the treasurer of the city of Mount Vernon, for the use of the board of education of said city, such proportion of the school, library and other public money as may be apportioned by law or by the superintendent of pub- lic instruction of the state to the board of education of the city of Mount Vernon, for teachers' wages, library and other school purposes. (As amended by the Laws of 1894, Chap- ter 10). 145 Section 229-n. The Common Council of the city of Mount Vernon shall have the power, and it shall be its duty to pass such ordinances and by-laws as the board of educa- tion of said city shall report necessary for the protection, safe-keeping, care and preservation of the school building's and other school property of said district, and to impose such penalties for the violation of the same as it shall deem proper. (As amended by the Laws of 1894, Chapter 10). Section 229-0. Charges of misconduct or violation or neglect of duty, on the part of any member of the board of education, may be presented to said board, by any member thereof, or by any elector of Mount Vernon, and such charges shall be duly examined by said board, at a regular or special meeting, of which the accused member shall have at least, five days' notice, but at which meeting said accused member shall not be entitled to vote. If at such meeting, after hear- ing the evidence on both sides, said board shall deem the charges against the member sustained, then all the papers and documents in the case, with a transcript of the proceed- ings of the meeting, shall be transmitted by the clerk of the board of education to the superintendent of public instruc- tion of the state, and, upon his approval of the findings of the board, the accused member shall be removed and his place deemed vacant. All vacancies in the board of educa- tion, occasioned by the resignation, refusal to serve, death or removal of any of its members, shall be filled by appoint- ment by said board until the next regular school election, when the residue of the term, if any, shall be filled by elec- tion, as hereinbefore prescribed. (As amended by the Laws of 1894, Chapter 10). Section 229-p. The superintendent of instruction of the city of Mount Vernon shall confer with and act under the direction of the board of education of said city in per- forming the duties of his office. He shall, subject to the direction of said board, have general control and supervi- sion of the public schools, and the teachers thereof, in said city, and shall, on or before the fifteenth day of April in 146 each year, report in writing to the board of education as follows : , 1. The whole number of schools within the jurisdiction of the board of education, and their sanitary condition. 2. The repairs or alterations, if any, that are necessary for such schools. .3. The condition of the school furniture, apparatus and books, in the several schools, and the repairs or additions thereto that may be necessary. 4. The number of teachers employed in the several schools, and their ef^ciency, with suggestions as to the in- crease or decrease in the number thereof. 5. The number of pupils registered at each school, and the average daily attenaance. 6. Such changes in the curriculum of any or all of the schools as he may deem advisable. 7. As to the condition and management of the high school, if one shall have been estabHshed. 8. Such other information in relation to the city schools as may be of interest to the people of Mount Ver- non. (As amended by the Laws of 1894, Chapter 10). Section 229-q. The said consolidated district shall be deemed and is hereby declared to be a union free school district under the laws of this state relating to public instruc- tion. All provisions of law, not inconsistent with the pro- visions of this act, applicable to school districts whose limits correspond with any incorporated city, and the boards of education therein, and the corporate authority of such cities, are made applicable to the school districts hereby consoli- dated and established, and to the board of education there- of, and to the corporate authorities of the city of Mount Vernon. (As amended by the Laws of 1894, Chapter 10). Section 229-r. It shall be the duty of the supervisor and town clerk of the town of Eastchester forthwith after the passage of this act to sell, assign and transfer to the city of Mount Vernon, for a nominal consideration, all tax leases and certificates of sale now held by said town for non-payment of any school taxes, affecting any lot, piece or 147 parcel of land within the corporate limits of said city upon payment by said city to said supervisor for the benefit of said town of the actual expenses incurred by said town in publishing notice of such sales; and for making, executing and delivering to the said city the assignment of such tax leases and certificates the town clerk shall be entitled to demand and receive from the said city, as compensation for his services in lieu of all fees, the sum of fifty ($50) dollars. In making the property adjustment with the several school districts of the town of Eastchester, portions of whose limits are without the said city, as hereinbefore provided for, the said city shall be deemed indebted to each of said districts for the amount of all school taxes and interest thereon, in- cluded in any such tax leases and certificates of sale for non-payment of taxes, affecting any lot, piece or parcel of land within the corporate limits of the said city and of such districts, which several taxes shall not have been previously paid by the said town or its supervisor to said district ; and such indebtedness on the part of such city to such district shall in the adjustment aforesaid be deemed and taken to be an asset of said district. (As amended by the Laws of 1894, Chapter 10). Section 229-s. The Common Council of said city of Mount Vernon may from time to time issue bonds of the city of Mount Vernon, to be known as "School tax relief bonds," signed and sealed in the same manner as other bonds of the said city and to bear such interest not exceed- ing the legal rate as the Common Council shall prescribe, provided, however, that no such bonds shall be issued in excess of the amount of taxes remaining unpaid for the col- lection of which warrants have been issued. Such bonds shall be in such denominations and mature at such times, not exceeding three years from their date, as the Common Council may prescrilDe. The Common Council shall con- vert such bonds into money at not less than their par value or obtain temporary loans upon the same. When the amount of such bonds outstanding shall be equal to .the amount of school taxes remaining unpaid, the Common 148 Council shall cause all moneys received for unpaid taxes and interest on the same to be held exclusively for the pay- ment of such bonds and the interest thereon. (As amended by the Laws of 1895, Chapter 189). TITLE XIIL Miscellaneous. Section 230. The city, except as is otherwise in this act provided, is hereby created and declared to be one of the towns of Westchester county, and all provisions of law not inconsistent with this act, applicable to towns in the county of Westchester, shall apply to said city; and all acts required by law to be performed by the board of town audit- ors in towns in said county shall be performed by the Com- mon Council. Section 231. No person shall be incompetent as judge, justice, witness or juror by reason of his being an inhabitant or freeholder in the city in any action or proceeding in which the city is a party interested. Section 232. No costs, fees, disbursements or allow- ances shall be recovered in any judgment against the city or against any of its officers or authorized agents, where the city would be liable to respond to any such ofificer or au- thorized agent, unless the claim, whether in contract or in tort, upon which judgment is founded shall have been pre- sented for payment to the Common Council, at least thirty days before the commencement of an action thereon, except that when such city officer or agent shall answer and litigate or defend a suit, proceeding or action for such claim, in such case, such defendant shall be liable for costs in all respects as in cases where the claim is presented as aforesaid more than thirty days before action is commenced. No bond or undertaking shall be required on the part of the city in any action or proceeding wherein the city is a party. No execu- tion can be issued, on any judgment recovered against the city, or any officer for whose acts it is liable or against the board of health, or the board of excise commissioners, but the Common Council, within sixty days after the final re- 149 CO very of any such judgment must cause a warrant to be issued for the amount thereof, payable with interest on the first day of March after the next annual tax levy and it is hereby authorized to raise the amount necessary to pay such warrant with the interest thereon, by tax, in the next annual tax levy, in addition to such other sums as are authorized by law. Section 233. The expenses of apprehending, examin- ing, trying and committing offenders against any law of the state, in the city, and of their confinement, properly charge- able against the county of Westchester, shall be audited, al- lowed and paid by the Board of Supervisors of said county in the same manner as if such expenses had been incurred in any town in said county. Section 234. When corporations, associations, co- partners, joint-tenants, or tenants in common, are to be served with a notice or process under any provisions of this act, it shall be deemed a sufficient and legal service of such notice or process to serve a copy thereof upon the presi- dent, cashier, treasurer, superintendent, one of the directors, or the managing agent, of such corporation or association, or upon any one of such co-partners, joint tenants or tenants in common. Section 235. The affidavit of the editor or publisher of a newspaper or his foreman or his principal clerk, show- ing publication in such newspaper of any notice, by-law, res- olution, or other matter required by this act, to be pub- lished in a newspaper, may be read in evidence, and shall be presumptive evidence of the publication of the matter stated therein; and when such affidavit shall have been filed with the city clerk, copies thereof certified by him may be read in evidence with like effect as the original. Section 236. Copies of all papers filed in the office of the city clerk, transcripts from the records of the proceed- ings of the Common Council, and copies of the ordinances or by-laws of the city, certified by the city clerk under the corporate seal, and copies of the record of the board of health, and of ordinances adopted by it certified by its secre- 150 tary, shall be evidence in all places and in all courts, in like manner as if the originals were produced and proved. Section 237. The ordinances, by-laws and resolutions of the Common Council and the sanitary Code, ordinances, by-laws, rules and resolutions of the board of health, may be read in evidence from the volume of the same, printed by authority of the Common Council, or of the board of health. Section 238. The Common Council shall not audit or pay any account for services rendered, material furnished or disbursements made, unless such account in duplicate be made out in items and accompanied with an affidavit at- tached thereto, made by the person or one of the persons claiming the same, that the items of such account are cor- rect ; that the services, disbursements and materials charged therein have been made and rendered, and that no part thereof has been paid and satisfied. Section 239. The real estate belonging to the city ex- cept lands purchased by the city at sales for unpaid taxes or assessments shall be exempt from all taxes, but not from assessments in the city for local improvements. Section 240. (Repealed by the Laws of 1896, Chap- ter 692). Section 241. No action on a tort or contract or special proceeding, shall be prosecuted or maintained against the city of Mount Vernon, unless it shall appear by, and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the claim or claims upon which said action or special proceeding is founded was presented to the Common Council of said city for adjust- ment, and that said Common Council has neglected or re- fused to make an adjustment or payment thereof for thirty days after such presentment. The mayor of said city may, within the said period of thirty days, from the time of the presentation of any account or claim against the said city, require the person or persons presenting such account, or claim to be sworn before him, touching such account or clainl, and Avhen so sworn, to swear orally as to any facts relating to the justice of such account or claim. 151 Section 242. All ordinances of said city shall be enter- ed by the city clerk in a separate book to be provided by the Common Council and the same shall be properly in- dexed, and always accessible to the public in his office. Section 243. When judgment shall have been recover- ed in favor of said corporation for any fine, penalty or for- feiture, execution thereon may issue against the person as well as the property of the defendant, in the form prescribed by law for such executions. Section 244. The Common Council may also establish and maintain a city lockup or station or watch-house, which may be used instead of the county jail for the temporary confinement of offenders. Section 245. The city of Mount Vernon shall be liable for the bonded debt of the village of Mount Vernon, and shall pay and discharge the principal as the same shall fall due, and the annual interest accruing thereon. Section 246. The Board of Supervisors of Westches- ter county shall, at its first annual session after the passage of this act, affix and determine the proportional amounts of the state and county charges to be equitably paid by the city of Mount Vernon, and also the proportional share or amount thereof to be paid by the town of Eastchester not in- cluded within the boundaries of said city. Said Board of Supervisors shall also at their first annual session after the passage of this act fix and determine the proportional share or amount of the floating and bonded indebtedness of the town of Eastchester incurred and existing at the time of the passage of this act, to be paid by the- city of Mount Vernon, and the proportional share or amount thereof to be paid by the tow^n of Eastchester not included within the boundaries of said city. Said Board of Supervisors in de- termining the proportion which shall be paid by said city and town respectively, shall be governed by the proportion of the assessed valuation of the property of said city and town, and the amount of money to be paid by the city of Mount Vernon shall bear such proportion to the whole amount to be paid for the current year as the assessed valuation of 152 the property in said city of Mount Vernon upon the assess- ment-roll of the city of Mount Vernon for that year, as equalized by said board, bears to the aggregate amount of the assessment-roll of the town of Eastchester for that year, as equalized by said board, and the assessment-roll of said city so equalized. After the passage of this act the said city of Mount Vernon shall, for all purposes relat- ing to the assessment and collection of taxes, be and consti- tute a separate and distinct township in said county of Westchester, except that the bonded indebtedness of such town of Eastchester shall be adjusted and provided for from year to year as herein set forth. Said Board of Supervisors shall levy upon said city the proportional share or amount of the taxes as authorized by the laws of the state with respect to towns ; and also for the first year after the passage of this act said proportional share of this indebtedness and obliga- tions of said town of Eastchester; and from year to year the proper proportion of said bonded indebtedness of said town, and extend the same upon the assessment-rolls of said city in the manner in which it is by law directed to levy like taxes upon the several towns of said county. Section 247. On or before the fifteenth day of July, eighteen hundred and ninety-two, the supervisor and town clerk of the town of Eastchester as it w^ill exist after the passage of this act shall sell, assign and transfer for a nomi- nal consideration to the city of Mount Vernon all tax leases and certificates of sale for non-payment of taxes affecting any lots, pieces or parcels of land within the corporate limits of the city of Mount Vernon; and thereafter the proper officers of the town of Eastchester shall proceed in regard to the unpaid taxes affecting lots, pieces or parcels of land in the corporate limits of the city of Mount Vernon to legal- ly sell said lots, pieces or parcels of land for such unpaid taxes in the same manner as if this act had not been passed and immediately after such sale to pay over to the city of Mount Vernon the proceeds of such sale and assign the cer- tificates of sale of such lots, pieces or parcels of land as the 153 town of Eastchester may purchase at such tax sale to the city of Mount Vernon. Section 248. The receiver of taxes and assessments of the village of Mount Vernon, in office when this act takes effect, is hereby authorized and empowered to collect and enforce the collection of any tax- warrant or assessment which may be in his hands as such receiver when this act takes effect, in the same manner and with like fees as if this act had not been passed. He shall make return to the Common Council of said city in the same manner as required by the charter of the village of Mount Vernon, that return shall be made to the trustees of said village. The Common Council shall have the same power and authority, in respect to any uncollected taxes of said village as in the case of taxes of said city, and like proceedings shall be taken for the re- covery and collection thereof, as may be taken with respect to city taxes. Section 249. This act shall in no wise apply to or affect the collection of the town, county or state taxes, the warrant for the collection of which is now in the hands of the receiver of taxes of the town of Eastchester; and all steps and means now provided- by statute for the collection of said taxes may at any time hereafter be taken and en- forced, as is now provided by statute for delinquent taxes, and when the same shall be collected they shall be disposed of in the same manner as though this act had not become a law, except as otherwise provided by this act. Section 250. The existing ordinances, by-laws, reso- lutions and regulations of the trustees of the village of Mount Vernon, as the same shall be in force when this act takes effect, shall be and continue in force, and shall have the same force and effect over the entire limits of the city of Mount Vernon, as in and by this act established, and shall be and continue in force and effect over the whole city as if duly adopted, passed and published by the Common Cotincil of said city until the same shall be repealed by the Conimon Council of said city. - 154 Section 251. The balance of the town of Eastchester not included within the bounds of the city of Mount Vernon, shall be a separate and distinct tow^n wnth all the rights and privileges of a town as provided by law, and shall be known as the town of Eastchester; all^officers of said town who shall be residents of the same as hereby altered, shall continue to hold their ofifices for the time and in the man- ner prescribed by law; all officers holding their offices by their election or appointment, who shall cease to be resi- dents of the town of Eastchester in consequence of the alteration of said town, hereby shall be deemed to have va- cated their offices from the day when this act shaU take ef- fect as if they had removed from the town, except as in this act otherwise provided. A town meeting of the town of Eastchester shall be held within thirty days after the passage of this -act, at such time and place within said town as the supervisor of the present town of Eastchester shall appoint. Such supervisor shall immediately after the passage of this act give notice of the time and place of such meeting, and of the officers to be elected at the same, by publishing such notice in at least two newspapers printed in the present town of Eastchester, and by posting the same in at least five public places within said town as altered; at such first town meeting officers shall be chosen according to law% in- cluding three justices of the peace in and for said town, to fill all vacancies created in elective offices by the provisions of this act, and all other proceedings shall be had as pre- scribed by statute in the organization of new towns; the •present supervisor and justice of the peace of the present tow^n of Eastchester shall preside at such town meeting, and the same shall be conducted in all respects as pre- scribed by the statute for town meetings ; the officers elected at such town meeting shall hold their office for the term and in the manner prescribed by law, as if they had been elected at a town meeting held at the time appointed for holding town meetings in Westchester county: the justices of the peace of the town of Eastchester as hereby altered shall possess all rights, powers and jurisdiction in both criminal 155 and civil matters as the justices of the peace in towns, and shall be subject to the provisions of all statutes relating to justices of the peace, their powers, duties, courts and judg- ments, appeals therefrom and all the proceedings therein. Section 252. The Common Council must provide for the use of the officers of the several city departments and city judge, all sundry supplies, stationery, blanks, fuel and other requisites, as may be necessary for the transaction of the business of the said departments, and of the business of the city court and shall also provide a seal for the city court, and the clerk of the city court shall have the custody of said seal. Section 253. (Repealed by Chapter 692, Laws 1896). Section 254. The corporation known as the village of Mount Vernon, and included in the boundaries hereinbefore described, is hereby dissolved, and all officers elective and appointive, existing under the government of the village of Mount Vernon, are hereby abolished, except as in this act otherwise provided. Section 255. Wherever the word ''freeholder" appears in said chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, as a qualification for hold- ing any office under said act, it shall be construed and under- stood to mean the record owner of a freehold estate. Section 256. Wherever the word "supervisor" occurs in chapter one hundred and eighty-two of the laws of eight- een hundred and ninety-two it shall be deemed to apply to the supervisors of the city as a whole, or any one of them, as the case may be, except as in this act otherwise provided. Section 257. This act shall take efTect immediately. APPENDIX OF SPECIAL ACTS 159 ACT RELATIVE TO SEWERS IN VILLAGE OF MOUNT VERNON. Chapter 608, Laws of 1886, with Amendments. Section i. The board of trustees of the village of Mount Vernon is hereby authorized and- empowered to adopt and establish, subject to the approval of the state board of health of the state of New York a permanent sys- tem of sewerage and drainage in and for said village of Mount Vernon and to immediately construct the main trunk or outlet sew^er for said village hereinafter mentioned, if the said board by a two-thirds vote shall decide so to do. Section 2. For the purpose above mentioned the said board shall cause all necessary surveys to be made of land taken, and shall determine the location, grade, size and depth in the ground of all sewers which may become neces- sary, and do all other acts and things necessary for the per- fect sewerage and drainage of said village ; and they shall cause such system of sewerage to be fully and accurately delineated upon a map, which map shall show the several water-sheds in said village, each of which shall constitute a separate sewerage district and also the main trunk or out- let sewer of said village, as the said board may determine the same to be, and which said map Avith such notes and ex- planations thereon as may be deemed necessary, shall be filed in the office of the clerk of the village of Movmt Ver- non, for safe keeping and inspection. The said board of trustees may employ a special coun- sel to advise them in the discharge of their duties under this act, and also a clerik to their committee upon sewers, while said board is engaged in carrying out the provisions of this act, and such counsel and clerk shall receive such compensation for their services as said board may deter- mine upon or allow. Section 3. After such system of sewerage and drain- age shall be adopted and approved by the said state board 160 of health, and such maps shall be filed as aforesaid^ all sew- ers constructed in said village by or under the authority of said board, shall conform in all things to such system except it be made to appear to said board that such system is im- perfect, in which case said board may, in its discretion, by a two-thirds vote of all of the members thereof, and with the approval of the said state board of health make the neces- sary alterations in said system for the p^irpose of making the proper changes and connections; and also in their dis- cretion, by a like vote, and with the approval of the said state board pf health, increase the size or change the grade of any sewer. Section 4. Whenever it is necessary to construct any of said sewers through private property either within or outside said village, or to use any private property either within or outside said village, for a pumping station or for a sewerage-farm or for beds for the treatment of sewerage, or for any other purpose connected with said system of sewerage and drainage, said board shall have full power, and IS hereby authorized to enter upon, take possession of and use said private property for the purposes aforesaid, or either of them. And title thereto shall be acquired by said vil- lage in the manner and by the proceedings provided in chapter one hundred and forty of the laws of eighteen hun- dred and fifty, and the several acts amendatory thereof, for acquiring title to lands for railroad use by railroad corpora- tions so far as the same are applicable thereto, and except as herein otherwise provided. Immediately after the making by the Supreme Court of the order appointing commis- sioners to ascertain and appraise the compensation to be made to the owners of or persons interested in real estate, private property, proposed to be taken for the purposes aforesaid, or any of them, and after the entry of the said order in the ofifice of the clerk of Westchester county and after the filing in the of^ce of the clerk of Westchester county of the oath taken and subscribed by said commis- sioners and in the ofifice of the clerk of said village, of a copy of said oath certified by said clerk of Westchester 161 county, the said village shall be and become seized in fee of the said real estate the same to be appropriated, convert- ed and used to and for the purposes aforesaid; and imme- diately thereafter, or at any time or times thereafter, the said village and the said board of trustees may take posses- sion of the same, or any part or parts thereof, w^ithout any suit or proceeding at law for that purpose and said village and said board of tmstees or any person or persons acting under its or their authority, may enter upon and use and occupy in perpetuity all the said real estate for the uses and purposes aforesaid. In case of death, resignation, refusal or neglect to sene of any such commissioner of appraisal, the remaining commissioner or commissioners shall, upon two weeks' notice, to be given by advertisement in all the newspapers published in said village, apply to the supreme court, at a special term thereof, to be held in the second judicial district, for the appointment of one or more com- missioners to fill the vacancy or vacancies so occasioned. In case of the death, resignation or refusal to serve, of all said commissioners of appraisal, the said board of trustees^ shall, upon giving the said notice as aforesaid, apply to the said court for the appointment of other commissioners of appraisal. The report of said commissioners, when com- pleted, shall be filed by them in the ofifice of the clerk of Westchester county; and a copy thereof, certified by said clerk, shall be filed by said commissioners in the office of the said village, and the said commissioners shall forthwith thereafter in writing notify said board of trustees of such filing. The said board of trustees, or in case of its neglect to do so within ten days after receiving notice of such filing, then any person interested in the proceeding shall give no- tice that said report will be presented for confirmation to the supreme court, at a special term thereof to be held in the second judicial district, at a time and place to be speci- fied in said notice. The said notice shall contain a statement of the time and place of the filing of the report and of the copy there- of, and shall be published in each of the newspapers- pub- 1G2 lished ill said village for at least four weeks immediately j)rior to the presentation of said report for confirmation. And within four calendar months after the confirmation by said court of the report of the said commissioners, the said board of trustees shall pay to the persons or parties entitled thereto, or deposit as directed in the order of said court making such confirmation, the respective sum or sums es- timated and reported in said report in their favor, respective- ly, wath lawful interest thereon from the date of the filing of the oath and certified copy thereof, as aforesaid; and in de- fault thereof said persons or parties, respectively, his, her or their respective heirs, executors, administrators, successors or assigns may, at any time or times after demand first made by him, her or them of the said board for payment thereof, sue for and recover from the said village the same, with lawful interest as aforesaid and the costs of suit, in any pro- per form of action against the said village, in any court hav- ing cognizance thereof, and in which action it shall be suffi- cient to declare generally for so much money due to the plaintiE or plaintiffs therein, by virtue of this act, for real estate taken or affected, for the purpose herein mentioned; and the report of such commissioners, with proof of the right and title of the plaintiff or plaintiffs to the sum or sums demanded, shall be conclusive evidence in such suit or action. After the making and entry of said order appoint- iftg commissioners as aforesaid, and the filing of their oath and a copy thereof as aforesaid, said board of trustees shall have no right or power to discontinue or abandon the pro- ceedings, as to any parcel of real estate or interest therein proposed to be taken, if any of the parties interested in such parcel or interest object thereto. If the said commis- sioners, or others duly appointed in their places, shall at any time unreasonably neglect to proceed in the discharge of their duties, or said hoard of trustees shall unreasonably neglect to bring to a hearing before said court the report of said commissioners, or to take any other step in said proceedings necessary to be taken by them to complete the same, the said commissioners and the said board, or either, 163 of them, may be compelled to proceed by mandamus, to be issued out of said court upon the application of any in- terested party, upon such notice to other interested parties as such court may direct or approve. The supreme court of the second judicial district shall have power, at any time, to amend any defect or informahty in any of the special pro- ceedings authorized by this section of this act as may be necessary, or to cause other property to be included there- in, and to direct such further notices to be given to any party in interest as it deems proper, and also to appoint other commissioners in place of any Avho shall die or refuse or neglect to serve, or be incapable of serving, or be removed. And the said court may at any time remove any of said com- missioners of appraisal who, in their judgment, shall be in- capable of serving or who shall for any reason, in their judg- ment, be an unfit person to serve as such commissioner. The cause of such removal shall be specified in the order mak- ing the same. If in any particular, it shall, at any time, be found necessary to amend any pleading, proceeding or to supply any defect therein, arising in the course of any special proceeding authorized by this section of this act, the same may be amended or supplied in such manner as shall be di- rected by the supreme court which is hereby authorized to make such amendment or correction. And the said board of trustees shall also have full power to construct the said sewers and any of them through or under any street or highway in the town of Eastchester, and for that purpose to open any of the streets or highways of said town ; and also to construct any of said sewers under the track, tracks or roadway of any railroad now laid or hereafter to be laid in said village or town, without com- pensation to the corporation owning such railroad; and said board may ^nter upon and construct any of said sewers through any land in said village or town belonging to any railroad corporation, and not used by it for its tracks or as a roadway for its railroad; and the right to do so, and also to enter upon such land at any time for the purpose of re- pairing and maintaining any such sewer, may be acquired 164 by said board of trustees in the same manner and by the same proceedings, as to making compensation and other- wise, as is hereinbefore in this section of this act provided as to private property proposed to be taken for any of said sewers and such right when so acquired shall vest in said village for the uses and purposes aforesaid. (As amended by the Laws of 1888). Section 5. At any time after the adoption and ap- proval of said system, and the filing of said map, as aforesaid, the said board of trustees may construct any of the trunk or outlet sewers for aiiy of said sewerage districts and any pumping station with its appurtenances, whenever said board, by a majority vote of all its members, determine to construct the same. No connection with the main trunk or outlet sewer for said village, or with any of said district trunks or outlet sewer, shall be made by any person, except upon written permission by said board and upon such condi- tions as said board may in such written permission pre- scribe and impose. (As amended by Laws of 1888). Section 6. In the construction of such system of sew- erage, the said board shall have power to make any neces- sary changes in the grade of any street or avenue, and the cost ot such change or any damage occasioned thereby up- on the line of said streets or avenues, shall be considered as part of the cost of such sewerage. Section 7. (As amended by Laws of 1890). The cost and expense of every nature incurred by said board in the construction of the said main trunk or outlet sewer for said village, and in tbe construction of the said district trunk or outlet sewers, and said pumping station with its appurten- ances, including all costs and expenses incurred in the mak- ing of the surveys, determinations and maps, and in estab- lishing the systems provided for in sections one and two of this act, and in obtaining the approval of the state board of health provided for by section three of this act, and in se- curing the necessary lands and right of way for such main trunk or outlet sewer, and said district trunk or outlet sew- 1G5 ers and pumping station, with its appurtenances, and in con- structing the same and the compensation of said special counsel, and clerk of said committee on sewers, shall be a charge upon said village; and for the purpose of defraying the same, the said board of trustees shall borrow, and they are hereby authorized to borrow, from time to ■ time, as needed upon the credit of said village, such sums as may be necessary, upon such terms of credit, iiot exceeding thirty years, and at such rate of interest not exceeding five per centum per annum, as the said board shall, by a two-thirds vote of all the members thereof, determine; and to secure the payment of such loans the said board are hereby author- ized by a like vote, to make, execute, and deliver bonds of said village, which shall be signed by the president and clerk thereof; and shall be of such amounts, and be made payable at such times as said board of trustees by a like vote shall determine, but the same shall not be sold for less than the par value thereof, with accrued interest, if any, and shall be sold to the highest bidder, at a public sale, notice of which sale shall be published in all the newspapers in the said village, and in a daily newspaper published in the city of New York to be designated by said board of trustees, for three successive weeks next preceding the day of sale. Said notice shall state that on the day of sale, at a certain speci- fied hour, the said board of trustees at its rooms in said village", will receive sealed proposals for the purchase of said bonds, or so many thereof as may at such sale be offered. All such proposals so received shall be then and there open- ed by said board, and the highest of said proposals shall be accepted by said board unless the board "deem it for the interest of the said village to reject the same ; in which case the said board may reject all of said proposals and re-adver- tise said bonds for sale in the same manner as aforesaid; such sale to be conducted in like manner as aforesaid. Said bonds shall be denominated ''Sew^erage loan bonds of the vil- lage of Mount Vernon/' and shall be numbered consecu- tively as issued, and a record of said bonds showing the 166 number, amount, rate of interest and the times when pay- able, shall be kept by said clerk. The credit of said village is hereby pledged for the payment of such bonds as may be issued by authority of this act. The said board of trustees are hereby authorized, in addition to the amount of the taxes now authorized by law to be levied and collected in any one year upon the taxable property in said village, to levy and collect thereon in each year, in the same manner as the general village taxes are now by law to be levied and collected, an amount sufficient to pay the interest upon said bonds and the principal thereof, so far as such interest and principal will accrue and become due during that year, un- til said bonds shall be fully paid. But if the said board of trustees shall, at any time, resolve and determine that it is just and equitable that the several lots, pieces or parcels of land fronting upon any street or streets, avenue or avenues, through which any district trunk or outlet sewer aforesaid has been constructed, bear a certain proportionate part, not exceeding two-thirds of the expenses incurred by said vil- lage in the construction of such sewer, then the said board of trustees shall appoint three persons as commissioners, who shall be owners of freehold estate, in the said village, liable to taxation, and not interested in any land or prop- erty situated upon any street or avenue through which such sewer has been constructed. Each commissioner so appoint- ed shall, immediately upon receiving jiotice of his appoint- ment, take an oath before some officer authorized to ad- minister oaths, fully and faithfully to discharge the duties that shall devolve upon him by such appointment; and the said commissioners shall thereupon proceed to view the premises, and shall assess the said fractional part of the said expenses of said improvement upon the owner or owners of the said several lots, pieces or parcels of land benefitted, in proportion to the benefit which, in their opinion, the same have derived or will derive from the said improvement ; pro- vided, however, that it shall be lawful for said commission- ers to substitute in their report for the names of the owner 1G7 of any land, the words, "unknown owner," in all cases where after having made diligent inquiry, they have not been able to ascertain the name of the owner. The commissioners shall make a report in writing of the assessments so made and before proceeding to sign the same shall give notice through the village newspaper, which notice shall be pub- lished once in each week for two weeks successively, of the time and place wdien the parties interested can be heard; and the commissioners shall at such time and place hear any and all parties interested who may appear before them and desire to be heard, and shall thereafter proceed and complete the report and sign the same and return to said board of trustees the said report with all the objections in writing, which shall be presented to and left with them by any of the parties interested. The trustees shall thereupon examine the matter and correct said report and assessment, or send it back to the same or other commissioners, or con- firm the same as they may think just and proper; and the like proceedings shall be had when the report of the com- missioners is sent back, as in the first instance. After the trustees have finally corrected and confirmed the said re- port and assessment they shall cause a list of the assess- m*ents to be made out according to said report and assess- ment, as so corrected and confirmed, and shall deliver the same to the clerk of said village; and thereupon the said assessments shall be a lien upon such lands and shall be col- lected in the same manner, as near as may be, as the assess- ments referred to in section ten of title ten of chapter seven hundred and seventy-six of the laws of eighteen hundred and seventy, entitled *'An act to amend an act, entitled 'An act to provide for the incorporation of villages,' passed Decem- ber seventh, eighteen hundred and forty-seven, and the sev- eral acts amendatory thereof, so far as the same relate to the village of Mount Vernon, in the county of Westchester, and to declare, enlarge and define the powers and duties of the officers of said village and to confirm and extend the powers of the corporation of said village," are by the pro- 168 visions of that section to be collected ; and in case of the non-payment of any such assessment the said trustees shall have the same power to proceed by advertisement and sale and otherwise as by said section ten they are given respect- ing the assessment therein referred to. The trustees shall determine upon and fix the amount of compensation to be paid the commissioners in all such proceedings and the amount to be paid them, together with the costs, counsel fees and expenses, shall form a part of the amount to be assessed for such improvement. An error or mistake made by the commissioners to be appointed under this title as to the ownership or description of any premises mentioned or referred to in their report shall not affect or render invalid any part or portion of their said report. The proceeds of said assessments when collected, shall be applied only to the payment of the interest or principal of said "sewerage loan bonds;" or to some purpose to which the proceeds of such bonds are applicable. (Sections eight, nine, ten and eleven of this act were repealed by chapter 163 of the laws of 1888). Section 12. The powers conferred by this act are in addition to and independent of any of the powers already vested in said board of trustees in relation to the construc- tion or repairs of sewers or drains in said village, and the raising of money therefor. Section 13. It is further enacted that no sewage shall be discharged directly or indirectly into Eastchester creek, unless in such form as shall be approved by the state board of health ; and if in the judgment of said state board of health the sewage so discharged shall at any time constitute a pub- lic nuisance, said state board of health may of its own voli- tion, without the concurrence of said board of trustees, di- rect said board of trustees to make any change in the method or form of the discharge of said sewage into said creek; and in the event of such direction being made it shall be the duty of said board of trustees to cause said change to be made. 169 Chapter 598, Laws 1894. AN ACT to amend chapter three hundred and sixty-one of the laws of eighteen hundred and sixty-three, entitled ''An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania as subse- quently amended." Became a law May 9, 1894. Section i. The title of chapter three hundred and sixty-one of the laws of eighteen hundred and sixty-three, entitled "An act to authorize the construction of a railway and tracks in the towns of West Farms and Morrisania, as subsequently amended," is hereby amended to read as fol- lows: "An act to authorize the construction of a railway and tracks in the town of West Farms, Morrisania, West- chester, East Chester and Mount Vernon." Section 2. Any and all proceedings heretofore taken in substantial compliance with the provisions of chapter three hundred and sixty-one of the laws of eighteen hun- dred and sixty-three, as now amended, are hereby approved, ratified and confirmed. Section 3. This act shall take efifect immediately. Chapter 12 of Laws of 1895. AN ACT to legalize, ratify and confirm the action and vote of the electors of the city of Mount Vernon in the state of New York and the action and proceedings o! the board of education of said city in respect to the issuing and sale of bonds under section two hundred and twenty-nine (K) of chapter ten, of the laws of eighteen hundred and ninety- four, for the construction of school buildings, et cetera, in said city. Became a law February 14, 1895. Section i. The vote of the electors of the city of Mount Vernon, in the state of New York, cast at the gen- eral city election held in and for said city, on the fifteenth day of May, eighteen hundred and ninety-four, in respect and reference to the raising of fifty thousand dollars for the 170 improvement of certain school sites in said city, as provided by section two hundred and twenty-nine (K) of chapter ten of the laws of eighteen hundred and ninety-four, and the proceedings of the officers of said city and the board of education of said city had and taken prior to providing for the voting of the electors upon the question of such appro- priations, and the notice of such election and the issuance of bonds by said board of education pursuant to the vote thereon at such election, so far as it related to such appropri- ations are in all respects hereby legalized, ratified and con- firmed and shall for all purposes whatsoever be held and deemed as legal and valid as though such action and pro- ceedings, election and notice had in all respects been in form and had been done, made and taken as provided by sec- tion two hundred and twenty-nine (K) of chapter ten of the laws of eighteen hundred and ninety-four, and as though the resolution of said board of education and the notice required by said section two hundred and twenty-nine (K) of chapter ten of the laws of eighteen hundred and ninety-four had been duly incorporated in the notice of such election and publish- ed therewith as required by said act. Section 2. The issue of bonds to the extent of forty- five thousand dollars by the board of education of said city, pursuant to the vote cast at said election, and the sale there- of and all proceedings had and taken in the said issuing and sale thereof are in all respects legalized, ratified and con- firmed and said bonds shall become and be a valid legal obligation of said city of Mount Vernon, to be paid in the manner prescribed by law for the payment of such indebted- ness. Section 3. This act shall take efTect immediately. Chapter 774, Laws 1896. AN ACT in relation to supplying the city of Mount Ver- non with pure and wholesome water. Became a law May 20, 1896. Section i. Within ten days after the passage of this act the mayor of the city of Mount Vernon shall appoint, 171 with the consent of the common council, five citizens and freeholders, one from each ward, who reside in and own real property in the city of Mount Vernon, who shall consti- tute a commission to ascertain from what source or sources and in what way or Avays the city of Mount Vernon can best obtain an ample, suitable and sufficient supply of pure and wholesome water, and also to determine the probable cost thereof. The said commission shall be known and desig- nated as "the water commission of the city of Mount Ver- non." Section 2. A majority of the members of said commis- sion shall be a quorum for the transaction of business. If the ofiRce of any of said commissioners shall, for any cause, become vacant, the mayor of the city of Mount Vernon shall have the power to fill the vacancy by appointment with the consent of the common council. Before entering on their duties each commissioner shall take and subscribe the con- stitutional oath of office and file the same with the city clerk. Any of said commissioners may be removed from office for cause by the said mayor, with the consent of the common council, after having notice and opportunity to be heard upon the charges preferred. Section 3. The commissioners shall choose one of their number as president of said board and one as treasurer, and shall appoint a secretary and such other officers, agents and employees as they deem necessary, and shall fix their com- pensation, which may be altered or abolished in the discre- tion of the board. The treasurer shall furnish a bond in such amount as the said board of commissioners shall prescribe, conditioned for the faithful performance of his duties as such treasurer, said bond to be approved by said board. The members of said board shall serve without pay, but shall be allowed their reasonable expenses. Section 4. The office of water commissioner shall be- come vacant upon the death, resignation or removal from said city of such water commissioner, or upon his ceasing to be a free holder thereof, or becoming incapacitated from performing the duties of his office. 172 Section 5. The said commissioner shall report to the mayor and common council of the city of Mount Vernon such plans, systems and sources of water supply so investi- gated by it, as in its judgment may be'most feasible and the best adapted to supply the requisite quantity and quality of water for said city, clearly specifying and describing each plan, system and source so investigated as aforesaid, the advantages and disadv^antages of each, the probable expenses of each method and of supply from each source, including the cost of purchase and condemnation of lands for that purpose, and shall, in the said report, state the plan, system and source- which the said commission deem most feasible and best adapted to supply the requisite quantity and quality of water for said city and the reasons for their conclusion. The said commission shall have power to include in any such report the lands, property, dams, water supply, mains, la- terals and appurtenances of any water company w^hich now supplies or which exists for the purpose of supplying the said city of Mount Vernon Avith pure and wholesome water. • Section 6. The said commission, its agents, employees and servants, are hereby authorized and empowered to enter upon and pass over all lands, roads, streams, lakes and ponds within the county of Westchester or adjoining county, be- longing to any person or corporation, in performing the work or duties authorized or imposed by this act. The said commission shall have power to cause such surveys, plans and investigations to be made as may be necessary in order to accomplish the purpose of supplying said city of Mount Vernon with ample, suitable and sufficient supply of pure and wholesome water. Section 7. In order to carry into effect the purposes of this act and to pay the expenses of such preliminary sur- veys, maps, investigation and analyses, the said city of Mount Vernon shall have power to issue bonds to such an amount as may be necessary, not exceeding twenty-five hun- dred dollars. Said bonds shall be issued in the name of and under the seal of said city of Mount Vernon, signed by the mayor and city clerk, shall mature and be payable within five 173 years from their date, be of such denomination and bear such interest, not exceeding- five per centum per annum, as the common council shall determine. Said bonds shall not be sold at less than the par value thereof. The proceeds of the said bonds shall be paid over to the city treasurer of said city and credited to a fund which shall be known as the "water fund account," and shall only be paid out on war- rants numbered consecutively as issued and signed by the president and treasurer of said commission, which warrants shall be issued only when necessary for the purposes afore- said. Section 8. The said commission shall make and ren- der its said report to the mayor and common council of the city of Mount Vernon on or before the first day of No- vember, eighteen hundred and ninety-six. Section 9. This act shall take efifect immediately. Chapter 542, Laws of 1900. AN ACT to ratify and confirm all the acts and proceedings of the trustees of Union Free School district number five formerly in the village of West Mount Vernon, now a part of the city of Mount Vernon, New York, in disposing^ selling and conveying of the lot of land known as lot num- ber twenty-five on map of West Mount Vernon, formerly in the town of Eastchester, Westchester county. New York. Became a law April 19, 1900. Section i. All the acts and proceedings of the trus- tees of Union Free School district number five, formerly of West Mount Vernon in the former town of Eastchester, now a part of the city of Mount Vernon, New York, for the sale and conveyance and the execution and delivery of the deed of ''all that certain lot, piece or parcel of land situate, lying and being in the city of Mount Vernon, county of Westchester and state of New York, and known on a cer- tain map entitled 'map of West Mount Vernon, lying in the town of Eastchester, county of Westchester and state of New York, filed in the clerk's (now register's) office of 174 the county of. Westchester, for the Teutonia Homestead As- sociation by Gustavus A. Sacchi, March, eighteen hundred and fifty-two,' as lot number twenty-five. The premises here- by conveyed being bounded and described as follows, on said map, namely : Southeasterly by lot number ten, seven- ty-one feet and nine inches; southwesterly by lot number twenty-four, one hundred and forty-two feet and nine inches ; northwesterly by Union street (now North High street) seventy-one feet and nine inches; and northeasterly by lot number twenty-six, one hundred and thirty-five feet. Be the said several dimensions more- or less." Are hereby legal- ized, ratified and confirmed and shall be of the same force and effect as though all of said proceedings had been taken in conformity with the statute then in force at the time of taking such proceedings. . Section 2. This act shall take effect immediately.* Chapter 581, Laws 1900. AN ACT for the relief of the Vernon Park Congregational Church of the city of Mount Vernon, New York, a reli- gious corporation. Became a law April 23, 1900. Section I. The real estate of the Mount Vernon Heights Congregational Church of the city of Mount Ver- non, New York, situated in Vernon Park in the city of Mount Vernon, and owned and used solely for church pur- poses, is hereby released and discharged from any and all assessments for public improvements heretofore levied and assessed, and now unpaid, and any future assessments that may be levied and assessed thereon. Section 2. This act shall take effect immediatelv. Chapter 247, Laws il AN ACT to establish "a sinking fund commission" in the city of Mount Vernon, and providing for the investment of the money in the sinking fund of said city. Became a law April 12 1898. , Section i. There shall be a Ijoard in the city of 175 Mount V^ernon to be known as the ''commissioners of the sinking fund of the city of Mount Vernon." Said board shall consist of the mayor, the president of the board of aldermen, the chairman of the finance committee of said board of aldermen, the comptroller and the city treasurer. The mayor of the city shall be the president of said board and the comptroller the secretary thereof. Whenever said board shall by a majority vote decide that any portion of the moneys now to the credit of the sinking fund of said city of Mount Vernon, or hereafter placed to the credit of said fund, as provided by law, shall be invested in any United States government, state, county or municipal bonds, they shall certify to the common council, under the hand of their ])resident and secretary, the character of the bonds to be purchased, the rate of interest on the same, the maturity thereof, and such other explanation in detail as may be necessary to properly describe the same. The common coun- cil of said city upon receipt of said certificate, shall there- upon provide for the purchase of such securities out of said fund, as recommended by said board of sinking fund com- missioners, and said bonds shall thereupon be placed to the credit of said fund and become the property of the city of Mount Vernon, and all such bonds purchased by said sink- ing fund commissioners shall be deposited in the designated depositories of the city of Mount Vernon in the care of the city treasurer. Whenever it shall become necessary to dis- pose of any bonds so held to meet any outstanding bonds due from the city of Mount Vernon, which are payable out of said sinking fund, the said commissioners may and they are hereby authorized to sell any bonds or other obligations so purchased as aforesaid and held by said city in such man- ner as they may deem advisable at not less, however, than the par value thereof, and interest thereon remaining unpaid, unless so directed by common council and the proceeds of said bonds so sold shah be at once placed to the credit of the said sinking fund of said city and so much thereof as 170 may be necessary, used for the purpose of paying any such maturing bonds or obHgations. Section 2. This act shall take effect immediately. Chapter 443, Laws 1898. AN ACT for the relief of the Young Men's Christian As- sociation of Mount Vernon, New York, a religious, chari- table and benevolent corporation. Became a law April 22, 1898. Section i. The real estate of the Young Men's Chris- tian Association of Mount Vernon, New York, situate in the city of Mount Vernon, New York, is hereby released and discharged from any and all taxes and assessments levied and assessed thereon prior to and including the year eighteen Hundred and ninety-four, and now unpaid. Section 2. This act shall take eflfect immediately. Chapter 69, Laws 1901. Became a law March 7, 1901. Section i. Section one of chapter seven hundred and ten of the laws of eighteen hundred and ninety-five, entitled "An act to establish the office of comptroller in the city of Mount Vernon providing for the appointment of such offi- cer and defining his rights and duties," is hereby amended to read as follows: Section i. On and after the next city election in the city of Mount Vernon, a resident citizen of said city shall be elected as comptroller of said city. The term of office of the comptroller to be chosen at the next city election after the passage of this act, shall expire on the ninth day of November, nineteen himdred and three, and shall commence upon the expiration of the term of the present comptroller, the fifteenth day of June, nineteen hundred and two, unless the present incumbent should, after such election and be- fore the termination of his term of office die, or for any reason whatever be incapable of holding or filHng such of- fice through disability, sickness, absence or .disqualification 177 or otherwise, in the event of which contingencies or disa- bihties the person so to be elected shall then enter upon and discharge the duties of said ofifice of comptroller. The term of offtce of the comptroller to be chosen at the city elec- tion held in November, nineteen hundred and three and thereafter shall be two years, and shall commence on the first Monday after his election. The comptroller of said city shall receive an annual salary of two thousand dollars payable in monthly installments in the same manner as the salaries of other officials of said city are paid. He shall be provided by the common council of said city with pro- per office room and stationery. Before entering upon the discharge of his duties he shall take and file with the city clerk the constitutional oath of office and enter into a bond of ten thousand dollars to be approved by the common coun- cil conditioned for the faithful performance of his duty as such comptroller. He shall faithfully discharge all of the du- ties herein imposed upon him and such other duties apper- taining to the financial affairs of the city, as the common council may from time to time ordain. He shall keep a separ- ate account with every department for which funds are espe- cially raised by tax, or from which funds are raised by assess- ment for local or other improvements. All bills and claims that have been presented to the common council shall before action thereon be referred to the comptroller for his ex- amination and he shall make a report of sucli examination to the auditing committee of the common council which committee must finally audit all bills before drafts shall be ordered drawn. He may examine any person interested in such bills or claims as he may deem necessary under oath or affirmation to ascertain their correctness and he is here- by for such purposes given the power to take oaths and af- firmations within said city to the same extent as the com- missioners of deeds in cities. He shall require all warrants or drafts presented for approval to state particularly against which funds said warrants or drafts are drawn and he shall not at any time permit any moneys to be drawn from one account to pay the bills or warrants chargeable to another 178 account. The comptroller shall keep in a book for that purpose, an account of each bill, draft or warrant counter- signed by him stating to what specific fund the same is chargeable and he shall not at any time permit any moneys lo be paid by the treasurer unless the bill or draft or warrant therefor be first countersigned by the comptroller unless otherwise specially ordered by the common council and approved by the mayor except principal and interest upon the funded debts and revenue bonds of said city, and when any bonds or coupons are paid by the treasurer he shall im- mediately present them to the comptroller for cancellation. He shall also at least thirty and not more than forty days before any annual city election publish in book form verified by his oath or affirmation, a full and accurate statement of the financial condition of said city on the first day of the month preceding showing the amounts of the receipts and expenditures of the city since the last annual report, the sour- ces from which the funds have been derived and for what purposes expended ; such accounts to be accompanied by a statement in detail showing the several funds belonging to the city, the amount drawn on each fund and its then present condition when the same are payable and the rate of interest on each and he shall also at the same time in- clude in said report, a statement of all bills and claims against the city of Mount Vernon, which shall have come before Fim as said comptroller, or of which he shall have official notice at or before the making of said report. He shall also have power upon a resolution of the board of common council to examine into the financial condition of any department of the city government and for said pur- pose may issue a subpoena and compel the production of any books or papers relating to said department, and ex- amine under oath any witness he may deem necessary in relation thereto as in this act heretofore provided for the examination of claimants. He shall also report on the first day of each month the amounts that have been drawn from the several specific funds of said city, and from the general fund, and the balance remaining unexpended, if any, which 179 may be applicable to the expenses of the current year. A list of all bonds that may be issued by the city shall be kept in the comptroller's ofBce, where it shall be filed in the of- fice of the comptroller and he shall keep a book in which shall be copied all such bonds so filed. Section 2. Section two of said chapter seven hundred and ten of the laws of eighteen hundred and ninety-five is hereby amended to read as follows : Section 2. Any vacancy in the office of the comptrol- ler shall be filled by the common council. Section 3. This act shall take effect immediately. Chapter 489, Laws 1901. AN ACT authorizing and empowering the board of educa- tion of tlie city of Mount Vernon to acquire lands for a library site and to issue bonds for the purpose of purchas- ing or otherwise acquiring the same. Became a law April 22, 1901. Section i. The board of education of the city of Mount Vernon are hereby authorized and empowered to borrow upon the faith and credit of said city of Mount Ver- non such sum or sums, not exceeding in the aggregate twen- ty thousand dollars, as may, in their judgment, be necessary for the purpose of purchasing lands in said city for a site for a library. Section 2. The said bonds shall be due and payable thirty years from the date thereof, and shall bear interest at such a rate of interest, not exceeding four per centum per annum, as the said board of education shall, by a majority vote of all the members thereof determine. The said bonds or any part thereof may be sold by the said board of educa- tion in such manner as it may deem best but not less than the par value thereof with accrued interest, if any. The said bonds shall be exempt from taxation. Section 3. The said board of aldermen shall, on or be- fore the first day of May in each year, file with the city clerk of said city of Mount Vernon a statement of the 180 amount necessary to be raised to pay the interest and prin- cipal which will become due during the ensuing year, upon the bonds or obligations so issued by said board of educa- tion. The common council of said city of Mount Vernon shall include the said amount in the annual city taxes, and shall levy and collect the same in each year in the same manner as the city taxes are now by law to be levied and collected. The said amount shall be paid to the city treas- urer of said city of Mount Vernon, and shall be used to pay the principal and interest on said bonds as the same shall fall due. Section 4. To secure the payment of the said loans the said board of education are hereby authorized to make, execute and deliver bonds of said city of Mount Vernon which shall be signed by the president and the clerk of the said board of education and shall be of such amounts as the said board of education shall determine. The said bonds shall be denominated "Library site bonds of the city of Mount Vernon" and shall be numbered consecutively as issued, and a record of said bonds, showing the number, amount, rate of interest and the time when payable, shall be kept by the said clerk of the board of education. Section 5. The credit of the city of Mount Vernon is' hereby pledged for the payment of such bonds as may be issued by authority of this act. Section 6. The said board of education is hereby au- thorized and empow^ered with the proceeds of the sale of said bonds or any part thereof, to purchase lands for a library site, and improve the same. Section 7. The said board of education are hereby authorized and empowered to acquire by purchase any lands, rights or easements necessary or requisite for the purpose of carrying out the provisions or purposes of this act at such price or prices as they will deem fair and reasonable; and if unable to do so, they shall acquire such lands, rights or easements by condemnation, under the condemnation law. Section 8. This act shall take effect immediately. 181 Chapter 44, Laws of 1902. AN ACT to authorize the city of Mount Vernon to borrow money by the issue of bonds, for the purpose of meeting temporary deficiencies. Became a law February 20, 1902. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered, by resolution of its body, to issue and sell bonds in the name, in behalf of and upon the credit of said city, in an amount not ex- ceeding in the aggregate the sum of one hundred and seven- ty-five thousand dollars par value, so far as the same may be determined advisable and necessary by said common council, for the purpose of paying all existing claims, law- fully due and owing by said city, and also for the purpose of supplying and meeting all deficiencies now existing in the various funds of the treasury of said city, and to provide sufficient funds to liquidate the necessary expenses of said city for the current fiscal year; and the proceeds of said bonds shall be applied by said common council for the objects and purposes herein stated, and for no other pur- pose; except that part of the proceeds of said bonds may, in the discretion of the common council, be applied as fol- lows : To pay any deficiency that may exist in the fund ap- propriated for the support of the fire department for the fiscal year ending April thirtieth, nineteen hundred and three, and for the installation of an adequate fire alarm sys- tem, a sum not exceeding five thousand dollars; for the construction of a sewer in said city to relieve the conditions now existing on East Third street and vicinity, a sum not exceeding ten thousand dollars; to pay the interest on the bonds of said city accruing prior to May first, nineteen hun- dred and three, that cannot be paid out of the sinking fund or the contingent fund, such sum as may be necessary to pay such interest ; such sums as may be necessary to pay judgment drafts issued for judgments obtained against said city, for deficiency claims due by said city prior ta May first, nineteen hundred and two; and twenty thousand dol- 182 lars to be applied in paying cost of investigation into the financial condition of said city now being conducted by a certified public accountant under the direction of the com- mon council. (As amended by Chapter 114, Laws 1903). Section 2. Said bonds shall be issued in the name and under the seal of said city, signed by the mayor and comp- troller thereof, and shall be for the sum of one thousand dollars each, with interest coupons attached. They- shall be payable at such time within forty years from their date, as the common council shall determine, with interest pay- able semi-annually at a rate not exceeding four per centum per annum; and the principal and interest thereof shall be payable at the office of the city treasurer of said city. They shall be numbered consecutively from one to the highest numbered issued, and be known and designated as "deficien- cy bonds,'' and be in such form as the common council shall prescribe, and shall contain a recital that they are issued pursuant to and in conformity with the provisions of this act, which recital shall be conclusive evidence of their va- lidity, and of the regularity of their issue ; and the comp- troller of said city shall keep a record in his office of the number of each bond, its date, amount, rate of interest, when payable and the name of the purchaser thereof. Section 3. Said common council shall sell and dispose of said bonds, or any part thereof, at not less than par and accrued interest, at public auction, or by sealed proposals, after giving at least ten days' notice thereof, to be pubHshed in the two official newspapers of said city at least twice, and by such other notice as the common council shall deem pro- per to give. Section 4. This act shall take -effect immediately. Chapter 482, Laws 1903. AN ACT entitled *'An act in regard to the vacating and modifying assessments for local improvements other than those confirmed by a court of record," in the city of 183 Mount Vernon, county of Westchester and state of New York. Became a law May 8, 1903. Section i. No suit or action in the nature of a bill in equity or otherwise shall be commenced for the vacation of any assessment in the said city of Mount Vernon, or to re- move a cloud upon title arising or claimed to exist by reason of any such assessment ; but owners of property shall be confined to their remedies in such cases to the proceedings specified under this act. Section 2. If, in the proceedings relative to any as- sessments for local improvements, or in the proceedings to collect the same, any fraud or substantial error shall be al- leged to have been committed, the party feeling aggrieved thereby may apply to a justice of the supreme court m special term or in vacation, who shall thereupon, upon due notice to the corporation counsel, proceed forthwith to hear the proofs and allegations of the parties. If, upon such hearing, it shall appear that the alleged fraud or substantial error, other than such errors as are specified in the next section, has been committed as provided in this act, the said assessment shall be vacated or modified, and the lien created thereby, or by any subsequent proceedings shall cease, or be reduced as hereinafter provided as the case may be. If, upon such hearing, it shall appear that, by reason of any alleged irregularity, the expehse of any local improvement has been unlawfully increased, the judge may order that such assess- ment upon the lands of said aggrieved party be modified by deducting therefrom such sum, as is in the same propor- tion to such assessment as is the whole amount of such un- lawful increase to the whole amount of the expense of such local improvement. Any order that may be made by a jus- tice under authority of this section shall be filed in the of- fice of the county clerk of the county in which the lands are situated, and after the filing of a certified copy thereof with the officer having charge of the collection of such assess- ment, it shall be his dutv to cancel or reduce the assessment, T84 as required by the order, or to do any other act required thereby. Section 3. No assessment heretofore made or im- posed, or which shall hereafter be made or imposed for any local improvement or other public work, already completed or now being made or performed, or which shall hereafter be made, done or performed, shall hereafter be vacated, or set aside for or by reason of any omission to advertise, or irregularity in advertising any ordinance, resolution, notice or other proceeding relative to or authorizing the improve- ment or work for which such assessment shall have been made or imposed or for proposals to do the work, or for or by reason of the. omission of any officer to perform any duty imposed upon him, or for or by reason of any de- fect in the authority of any department or officer upon whose action the assessment shall be in any manner or to any ex- tent dependent, or for or by reason of any omission to com- ply with or carry out any detail of any law or ordinance, or for or by reason of any irregularity or technicality, except only in cases in which fraud shall be shown and in case of any assessment for repaving any street or public place, upon property for which an assessment has once been paid for paving the same street or public place ; and all property in said city benefited by any improvement or other public work already completed, or now being made or performed, and hereafter made, done or performed, except as aforesaid, shall be liable to assessment for such improvement or work and all assessments for any such improvement or other public work shall be valid and binding notwithstanding any such omission, irregularity, defect in authority or technicality. No assessment shall be vacated by reason of fraud or ir- regularity in the proceedings to collect the same by sale of the assessed premises; but upon proof of such fraud or ir- regularity, such sale shall be set aside and the respective rights and liabilities of the assessed person and of the city of Mount Vernon, shall, become and be the same as if such sale had not been made. Section 4. Any person applying for relief under the 185 provisions of this act, may embrace in one proceeding any and all assessments for local improvements in which he is interested. Section 5. No court shall vacate or reduce any assess- rnent in fact, or apparent, whether void or voidable on any property for any local improvement, otherwise than to re- duce any such assessment to the extent that the same may be show'U by parties complaining thereof to have been in lact increased in dollars and cents by reason of fraud or sub- stantial error; and in no event shall that proportion of any such assessment, which is equivalent to the fair value or fair cost of any local improvement, with interest at eight per centum per annum from the date of the confirmation to the date of the final order of reduction, and seven per centum thereafter, be disturbed for any cause. The provisions of this section shall apply to actions to recover money paid for ^assessments, and the amount recovered shall be limited to the excess over the fair value or fair cost of the improve- ment. Section 6. All proceedings to vacate or reduce assess- ments hereafter levied or assessed in the city of Mount Ver- non must be brought within one year after the confirmation thereof and all proceedings to vacate or reduce assessments heretofore levied" or assessed shall be commenced within one year after this act shall take eiifect and no action or proceed- ing to vacate or reduce any assessment heretofore or here- after levied or assessed shall be maintained after the expira- tion of the times severally above limited. Section 7. No assessment for the repaving heretofore or hereafter of any street or avenue in the city of Mount Vernon shall be vacated or set a^de because of the previous paving of said street or avenue pursuant to an act of the I legislature at the time when said street or avenue was not within the corporate limits of the said city of Mount Vernon and re-paving shall only be construed to have been done and jDerformed and an assessment therefor made a general charge upon said city of Mo.unt Vernon, when said street or avenue i 18G had been heretofore paved by the city of Mount Vernon after its incorporation as a city. Section 8. Any lands which may be discharged from any Hen for an assessment for any local improvement may be again assessed, in the manner provided by law, for such amount as would have been justly chargeable if fraud or ir- regularity had not been committed ; and the amount so as- sessed shall be a lien on said lands until paid, and shall be collectible in the .manner provided by law, for the col- lection of assessments; but all proceedings to make a new assessment shall be at the expense of the city. Section 9. The provisions of this act, except such as are contained in section seven, shall not apply to any action or proceeding now pending to set aside any of the assess- ments specified in this act, except those specified in said section seven. Section 10. All acts or parts of acts inconsistent to this act are hereby repealed. Section 11. This act shall take effect immediately. Chaptei 349, Laws 1904. AN ACT to authorize the city of Mount Vernon to issue bonds for the purpose of refunding bonds falling due on or before February first, nineteen hundred and five, and for which no provision has been made in the sinking fund. Became a law April 16, 1904. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered to issue bonds upon the credit of said city, to be denominated refunding bonds, to the amount of outstanding bonds falling due on or before February first, nineteen hundred and five. Such bonds shall be issued in the name of the city of Mount Vernon and under its corporate seal, and shall be signed by the mayor and city clerk, and shall bear interest at a rate not ex- ceeding four per centum per annum, and shall be payable within not less than ten nor more than fifteen vears from 187 date of issue, and shall be of such denomination and descrip- tion as the common council shall determine. Section, 2. When the common council shall by resolu-s tion so determine, public notice inviting proposals for the purchase of such bonds shall be given by publication in the official newspapers and in a newspaper of general circulation in financial circles and in such other manner as the common council may prescribe, and such notice shall state that at a time and place therein named the common council will re- ceive sealed proposals for the purchase of such bonds and will award such l3onds to the highest bidder unless the said common council shall, deem it to be for the interest of the city to reject such bid. The said bonds shall not be sold for less than their par value and accrued interest. Section 3. The moneys received from the sale of bonds authorized by this act shall be used only to pay the principal of bonds falling due on or before, Fel)ruary first, nineteen hundred and five, and which cannot be paid out of the moneys in the sinking fund, and for no other purpose whatso-* ever and for that purpose shall be placed in an account de- nominated ''bonds falling due on or before February first, nineteen hundred and five." No moneys in the sinking fund shall be used or paid out or transferred from said fund for any other purpose than to pay principal or interest of the bonds of the city of Mount Vernon or of the former village of Mount Vernon. Section 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 5. This act shall take effect immediately. Chapter 459, Laws 1904. AN ACT to amend chapter 375 of the laws of 1902 entitled "An act to provide for a police pension fund»for the police force of the city of Mount Vernon." Became a law April 28, 1904. Section i. Section one of chapter three hundred and seventy-five of the laws of nineteen hundred and two -en- 388 titled ''An act to provide for a police pension fund for the police force of the city of Mount Vernon," is hereby amend- ed so as to read as follows : Section i. The police commissioner of the city of Mount Vernon together with two other members, one to be appointed by the common council of the city of Mount Vernon, and one to be chosen from the executive officers of the force by the members of the police force, said choice to be made and authenticated in conformity with regulations to be adopted by the said police commissioner, shall be trus- tees of the police pension fund hereinafter mentioned. Said police commissioner shall be the treasurer of said trustees and shall,' before entering upon his duties as such treasurer, and at such other times as the common council of the city of Mount Vernon may require, execute and file in the of- fice of the city clerk of the city of Mount Vernon and in the office of the county clerk of Westchester county a joint and several bond to the people of the state of New York, of some surety company, duly authorized to do business in the state of New York, to be approved by said common council and in a penal sum to be fixed by said common council, condi- tioned for the faithful discharge of the duties of his said office and the payment and promptly accounting for and payment over and delivery of all moneys and property re- ceived by him as such officer, in accordance with law; and such bond shall be a joint and several bond and the sureties thereupon shall with him be jointly and severally liable for the faithful discharge of the duties of such treasurer, and the .payment and delivery to his successor or to the trustee of said fund, not only during the term of office for which such treasurer was appointed, but in case of his re-appointment, until a new bond with sureties shall have been again approv- ed and filed as herein provided. The trustees of the police pension fund sTiall have charge of, and administer such fund and from time to time invest the same or any part thereof as they shall deem beneficial to said fund and they are em- powered to make all necessary contracts and take all neces- sary and proper actions and proceedings in the premises I 189 and to make payment from such fund of pensions granted in pursuance of this act. The said trustees may and they are, authorized and empowered from time to time to es- tabhsh such rules and regulations for the disposition, in- vestment, preservation and administration of the police pen- sion fund as they may deem best; provided, howeVer, that all acts on the part of said trustees in relation to the invest- ment of or placing of the fund shall be upon the unanimous vote of said trustees. Said trustees shall report in detail to the common council of the city of Mount Vernon on or be- fore the fifteenth day of January in each year, the condition of the police pension fund, how invested and the items, and their disbursements of and on account of the same. No pay- ment whatever shall be allowed to be made by the said trus- tees as reward, gratuity or compensation to any person or persons for salary or service rendered to or for said trustees, except payment for legal expenses, and the cost of procuring said bond from a -surety company. Section 2. The moneys, securities, and effects of the police 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 any person having or asserting any claim against or debt or any liability of any pensioner of said fund. Every person who knowingly or wilfully procures the taking or presentation of any false affidavit or affirmation concerning any claim for pension or payment thereof shall in every such case forfeit a sum not exceeding two hundred and fifty dollars to be sued for and recovered by and in the name of the said trustees, and when- ever received to be paid over to and thereupon become a part of the said police pension fund. Any person who shall wilfully swear falsely in any oath or affirmation in obtaining or procuring any pension or payment thereof, under the pro- visions of this act, shall be guilty of perjury. Section 3. Section three of the act hereby amended is amended so as to read as follows : 190 Section 3. Yhe said police pension fund shall consist of: . 1. All fines imposed by the police commissioner up- on members of the force. 2. All rewards, fees, gifts, testimonials and emolu- ments that may be presented, paid or given to any member of the police force for account of police service, except such as shall be allowed by the police commissioner to be retained by said member. 3. All lost or stolen money remaining in the hands of the police commissioner for the space of one year and for which there shall be no lawful claimant, and the moneys arising from the sale of unclaimed property which the police commissioner is hereby authorized to sell after said property shall have been without a lawful claimant for the space of one year. 4. A sum of money equal to one-half of the compen- sation of any member of the police force in any month for lost time to be paid monthly to the treasurer of the trustees of the police pension fund from moneys deducted from the pay of members of the said police force on account of lost time. 5. A sum of money equal to but not greater than two per centum of the monthly pay, salary or compensation of each member of the police force, which sum shall be deduct- ed monthly by the police commissioner from the pay, salary or compensation of each and every member of the police force, and said police commissioner is hereby, authorized, empowered and directed to deduct the said sum of money as aforesaid, and forthwith to pay the same to the treasurer of the trustees of the police pension fimd. 6. A sum of money annually, equal to but not greater than five per centum of all excise moneys, after deducting rebates or returns received by the city of Mount Vernon from or on account of the granting of licenses or permis- sion to sell strong or spirituous liquors, also wine or beer and of any moneys paid for taxes upon the business of 191 trafficking in or selling or delivering any strong or spirituous liquors, ale, wine or beer, and such sum shall be paid upon the receipt thereof by the treasurer of the city of Mount Vernon or other person or officer having the legal custody thereof, to the treasurer of the trustees of the police pension fund without any action or authority of or from any other of- ficial, body or officer. 7. Twenty-five per centum of all fines imposed for violation of any ordinance of the city of Mount Vernon and also twenty-five per centum of all moneys received by the said city for Hcenses to keep dogs, said moneys to be paid by the treasurer of said city, upon the receipt thereof to the treasurer of the trUvStees of the police pension fund, with- out any action or authority of or from any other official, body or officer. Section 4. Section four of the act hereby amended is hereby amended to read as follows : *Subdivision one of section four of the act hereby amended is hereby amended so as to read as follows: Section 4. The trustees of the police pension fund created by this act shall have power to grant pensions as hereinafter provided to any member of the police force of said city of Mount Vernon, as follows : I . To any member of the police force, upon presenta- tion of a certificate from the police surgeon, that such mem- ber is permanently disabled, physically or mentally, so as to be unable to perform active service and upon a unanimous vote of said trustees of the police pension fund an annual pension payable monthly during his lifetime, or a sum of money equal to but not less than one-half of the full annual salary or compensation received by such member at the time he may be so retired, and the poHce commissioner of the city of Mount Vernon is hereby authorized and empowered upon such certificate of the police surgeon to relieve and dismiss from said force and service and place on the roll of the po- lice pension fund any such member of said police force so specified in such certificate. 192 2. To the widow, if any, or other person dependent on any member of the poHce force who shall have been killed while in the actual performance of police duty or shall have died from the effects of any injuries received in the actual discharge of such duty, prior to the expiration of five years from the establishment of the police pension fund, the sum of five hundred dollars in full for all claims or demands against said fund. To the widow of any member of the po- lice force who shall die after five years on such police force or who shall have been retired upon a pension, if there be no child or children under sixteen years of age, of any such member, the sum of not exceeding three hundred dollars per annum, but if there be any such child of such member under the age aforesaid then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said trustees may direct. 3. To any child or children under sixteen years of age of such member killed or dying, as aforesaid, but leaving no widow, then after her death, to such child or children being under sixteen years of sge a sum not to exceed three hun- dred dollars per annum. 4. To the mother depending for support on such mem- ber killed or dying,' as aforesaid, or pensioner, as aforesaid, but leaving no widow or children, a sum to be paid in such manner as the trustees may direct not to exceed three hun- dred dollars per annum . 5. Pensions to widows shall terminate when the widow shall re-marry, and pensions shall terminate whenever the children shall respectively arrive at the age of sixteen years. 5. Nothing in this act contained shall be construed to render the city of Mount Vernon .liable for the payment of any moneys whatever, beyond the income which shall be de- rived from the said pension fund. No pension shall be paid to any member of said police force except from the in- come to be derived from the said police pension fund. No police officer shall receive or draw any benefit from the said fund untilthe same shall have been established for a period of five years, and no officer shall be eligible to participate in 193 said fund until he shall have served five years as a member of the police force of the city of Mount Vernon. Section 6. Section six of the act hereby amended is hereby amended so as to read as follows : Section 6. Any person having served as a member of the police force for the period of twenty-five years shall up- on his request or at the option of the police commissioner of said city be retired from said force and shall thereafter re- ceive from said fund a sum of money monthly equal to one- half of his salary at the time of such retirement. The time of service to date from the time he became a member of the police force of said city. Sectiofi 7. All acts and parts of acts inconsistent with this act are hereby repealed. Section 8. This act shall take effect immediately. Chapter 8>6, Laws of 1905. Became a law March 21, 1905. AN ACT to authorize the common council of the city of Mount Vernon to use moneys now in the deficiency fund of said city to pay deficiencies in the sum appropriated for the support of the fire department. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered to pay out of the moneys now in the treasury of the said city being, the proceeds of the sale of deficiency bonds heretofore sold pur- suant to authority granted by chapter forty-four of the laws of nineteen hundred and two entitled "An act to authorize the city of Mount Vernon to borrow money by the issue of bonds, for the purpose of meeting temporary deficiencies" and acts amendatory thereof, any deficiency that may exist in the fund appropriated for the support of the fire depart- ment of said city for the fiscal years ending April thirtieth, nineteen hundred and four and April thirtieth, nineteen hun dred and five, in an amount not to exceed in the aggregate the sum of three thousand dollars, or as much of said amount as may be necessary.- 194 Section 2. All acts or parts of acts inconsistent with this act are hereby repealed. Section 3. This act shall take efifect immediately. Chapter Sy of Laws of 1905. Became a law March 21, 1905. AN ACT to authorize the city of Mount Vernon to borrow money by the issue of bonds, for the purpose of purchas- ing sites and erecting buildings for the use of the fire and police departments and to provide a sinking fund to pay principal and interest of said bonds. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered, by resolution of its body, to issue and sell bonds in the name, in behalf of and upon the credit of said city, in an amount not exceeding in the aggregate the sum of one hundred thousand dollars par value, so far as the same may be determined advisable and necessary by said common council, for the purpose of purchasing sites and erecting suitable buildings for the use of the fire and police departments of said city, and for no other purpose. Section 2. Said bonds shall be issued in the name and under the seal of said city, signed by the mayor and comp- troller thereof, and shall be for the sum of one thousand dollars each, with interest coupons attached. They shall be payable at such times, not less than twenty years, nor more than thirty years from the date of their issue, as said common council shall determine, with interest payable semi- annually at a rate not exceeding four per centum per annum, and the principal and interest thereof shall be payable at the office of the treasurer of said city. They shall be num- bered consecutively from on6 to the highest number issued. and shall be knowm and designated as "fire and police de- partment building bonds," and be in such form as the com- mon council shall prescribe, and shall contain a recital that they are issued pursuant to and in conformity to the provi- sions of this act, which recital shall be conclusive evidence of 195 their validity, and of the regularity of their issue; and the comptroller of said city shall keep a record of the number of each bond, its date, amount, rate of interest, when pay- able, and the name of the purchaser thereof. Section 3. Said common council shall sell" and dis- pose of said bonds, or any part thereof, at not less than par value and accrued interest, at public auction, or by seal- ed proposals, after giving at least ten days' notice thereof, such notice to be published at least once in each of the official newspapers of said city, and in some financial news- paper of general circulation published in the city of New York. Section 4. While any bonds issued under this act shall remain unpaid, the treasurer of said city is hereby directed and required, out of the first one hundred thousand dollars in each year received by him from the moneys collected under the tax levy in such year, to deposit in such bank or banks, trust company or trust companies, as shall be des- ignated by the common council, a sum not to exceed the amount now paid as annual rentals by the fire and police departments of said city, which sum shall not exceed six thousand dollars in any one year. Such money shall -be deposited in the name and to the credit of the city of Mount Vernon, and all moneys so deposited shall be designated upon the books of the treasurer and comptroller of said city as "special sinking fund for payment of principal and interest of fire and police department building bonds," arid the prin- cipal and interest on bonds issued under authority of this act shall be paid out of said fund, upon order of the common council. The common council of said city is forbidden to order any warrant drawn upon the moneys in the special sinking fund directed to be created by this act, except such warrant be for the payment of principal or interest upon bonds issued by authority of this act, and any alderman voting for, or any official signing or issuing any warrant or draft upon said special sinking fund except for the purpose authorized by this section shall be guilty of a misdemeanor, except that any balance remaining in said special sinking 196 fund after the principal and interest on each and every bond issued under authority of this act shall be fully paid, shall be paid into the city treasury by direction of the common council. Section 5. All acts or parts of acts inconsistent with this act are hereby repealed. Section 6. This act shall take effect immediately. Chapter 114 of the Laws of 1905. Became a law March 30, 1905. AN ACT to authorize the city of Mount Vernon to issue bonds for the purpose of refunding bonds falling due on or before February first, nineteen hundred and six, and for which no provision has been made in the sinking fund. Section i. The common council of the city of Mount Vernon, is hereby authorized and empowered to issue bonds upon the credit of said city, to be denominated refunding bonds, to the amount of outstanding bonds falling due on or before February first, nineteen hundred and six. Such bonds shall be issued in the name of the city of Mount Ver- non and under its corporate seal, and shall be signed by the mayor and city clerk, and shall bear interest at a rate not exceeding four per centum per annum, and shall be payable within not less than ten nor more than fifteen years from date of issue, and shall be of such denomination and de- scription as the common council shall determine. Section 2. When the common council shall by resolu- tion so determine, public notice inviting proposals for the purchase of such bonds shall be given by publication in the of^cial newspapers and in a newspaper of general circula- tion in financial circles and in such other manner as the common council may prescribe, and in such notice shall state that at a time and place therein named the common 'council will receive sealed proposals for the purchase of such bonds and will award bonds to the highest bidder un- less the said common council shall deem it to be for the 197 interests of the city to reject such bid. The said bonds shall not be sold for less than their par value and accrued interest. Section 3. The moneys received from the sale of bonds authorized by this act shall be used only to pay the principal of bonds falling due on or before February first, nineteen hundred and six, and which cannot be paid out of the moneys in the sinking fund, and for no other purpose what- soever, and for that purpose shall be placed in an account denominated bonds falling due on or before February first, nineteen hundred and six. No moneys in the sinking fund shall be used or paid out or transferred from said fund for any other purpose than to pay principal or interest of bonds of the city of Mount Vernon or of the former village of Mount Vernon. Section 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 5. This act shall take effect immediately. Chapter 176 of Laws of 1905. Became a law April 11, 1905. AN ACT relating to the paving and grading of streets and highways in the city of Mount Vernon, and authorizing such city to raise money therefor by the issue of bonds. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered, by resolution adopted by it, to issue and sell bonds in the name, in behalf and upon the credit of said city, in an amount not exceeding in the aggregate under this act sixty thousand dollars, not more than twenty thousand dollars of which shall be issued in any one year, for the purpose of paying one-third of the cost of paving or grading such streets of the city as may be directed by the common council. (Amended by Ch. 51, L. 1907. See p. 199). Section 2. Such bonds shall be issued in the name and under the seal of said city, shall be signed by ;the mayor and comptroller thereof, and shall each be for the principal sum 198 of one thousand dollars, with interest coupons attached. They shall be payable at such time within forty years of their date as the common council shall determine, with interest at a rate not exceeding four per centum per annum, payable semi-annually and the principal and interest thereof shall be payable at the ofifice of the treasurer of said city. Said bonds shall be numbered consecutively, and shall be known as high- way improvement bonds, and shall be issued in such form as the common council of said city shall direct, and shall contain a recital that they are issued pursuant to and in conformity with the provisions of this act, which recital shall be conclusive evi- dence of their validity and of the regularity of their issue. The numbering of such bonds shall begin at the next highest number after the highest number of highway improvement bonds heretofore issued by the city of Mount Vernon, and the comptroller of said city shall keep a record of the num- ber of each bond, its date, amount, rate of interest, when payable, and the name of the purchaser thereof. Section 3. Said common council shall sell and dispose of said bonds, or any part thereof, at not less than par value and accrued interest, by public auction or by sealed propo- sals, after giving at least two weeks' notice by publishing once each week for two successive weeks in the official newspapers of said city and in such other manner as the common council may determine. Section 4. The money received from the sale of bonds authorized by this act shall be used for the purpose of paying one-third of the cost of paving or grading such streets and highways of said city as may be directed to be paved or graded, by the common council of said city, upon petition of persons owning one-half of the land fronting or abutting upon such street or highway as it is proposed to improve, and the other two-thirds of the cost of such paving or grad- ing shall be assessed and be and become a lien upon the property fronting or abutting upon such street or highway so improved. The total cost of such improvement, shall 199 be reported to the common council by the commissioner of public works, and upon the confirmation of such report by the mayor and common council, the said common council shall direct an assessment to be made of two-thirds of the cost of such improvement against the property fronting or abutting upon the street or highway so improved by the assessors of said city. Such assessment shall be made and collected in the manner provided by law for making and col- lecting assessments for paving and grading streets in such city. Section 5. This act shall take effect immediately. Chapter 561 of the Laws of 1905. Became a law May 18, 1905. AN ACT to authorize the transfer of unused balances to the general fund in the city of Mount Vernon. Section i. Whenever public moneys standing to the credit of special appropriations in the city of Mount Ver- non, shall be no longer required for or applicable to the same, any balance thereof may be transferred to the gen- eral fund of said city and drawn therefrom and expended, under the authority of the common council, for any pur- pose for which public money may lawfully be applied. Section 2. This act shall take effect immediately. Chapter 53, Laws of 1906. Became a law March 14, 1906. AN ACT to authorize the city of Mount Vernon to issue bonds for the purpose of refunding bonds falling due on or before February first, nineteen hundred and seven, and for which no provision has been made in the sinking fund. Section i. The common council of the city of Mount Vernon, is hereby authorized and empowered to issue bonds upon the credit of said city, to be denominated refunding bonds, to the amount of outstanding bonds falling due on or 200 before February first, nineteen hundred and seven. Such bonds shall be issued in the name of the city of Mount Ver- non and under its corporate seal, and shall be signed by the mayor and city clerk, and shall bear interest at a rate not exceeding four per centum per annum, and shall be payable within not less than ten nor more than fifteen years from date of issue, and shall be of such denomination and de- scription as the common council shall determine. Section 2. When the common council shall by resolu- tion so determine, public notice inviting proposals for the purchase of such bonds shall be given by publication in the official newspapers and in a newspaper of general circulation in financial circles and in such other manner as the com- mon council may prescribe, and in such notice shall state that at a time and place therein named the common coun- cil will receive sealed proposals for the purchase of such bonds and will award bonds to the highest bidder unless the said common council shall deem it to be for the interests of the city to reject such bid.. The said bonds shall not be sold for less than their par value and accrued interest. Section 3. The moneys received from the sale of bonds authorized by this act shall be used only to pay the principal of bonds falling due on 'or before February first, nineteen hundred and seven, and which cannot be paid out of the moneys in the sinking fund, and for no other pur- pose whatsoever, and for that purpose shall be placed in an account denominated bonds falling due on or before Febru- ary first, nineteen hundred and seven. No moneys in the sinking fund shall be used or paid out or transferred from said fund for any other purpose than to pay principal or in- terest of bonds of the city of Mount Vernon or of the former village of Mount Vernon. Section 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 5. This act shall take effect immediately. 201 Chapter 70 of the Laws of 1906. Became a law March 15, 1906. AN ACT to authorize the city of Mount Vernon to issue and sell bonds for the purpose of paying its proportionate share of the costs and expenses incurred in constructing certain bridges between said city and the town of Pelham. Section i. The Common Council of the city of Mount Vernon is hereby authorized by resolution to issue and sell the bonds of the said city upon its faith and credit and in its corporate name, to an amount not exceeding thirty thou- sand dollars par value, the proceeds of which shall be applied to the payment of the said city's proportionate share of the costs and expenses incurred in constructing certain bridges between said city and the town of Pelham, across the Hut- chinson river. Section 2. Said bonds shall be either registered or coupon, and be in such form as the common council may prescribe, shall be signed by the mayor and comptroller, under the corporate seal, shall bear interest at a rate not exceeding five per centum per annum, payable semi-annual- ly, and shall become due and payable in whole or in part at such time or times, not exceeding twenty years from their date, and shall be payable principal and interest at such place, as the common council shall determine ; and they shall be sold upon sealed proposals upon such notice as the com- mon council shall prescribe, to the highest and best bidder, provided, however, they shall not be sold for less than par and accrued interest. Said bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity. Section 3. Section five of the general municipal law shall not apply to the issuance of said bonds ; but the com- mon council is hereby authorized and required from year to year to levy an annual tax on all the taxable property of said city subject to taxation, sufficient in amount to pay the interest on such bonds as it accrues and to pay the prin- cipal at maturity. 202 Section 4. The proceeds of the sale of said bonds, to- gether with any premium thereon, shall, after deducting the costs and expenses of the sale, and expenses incidental thereto, be paid into the city treasury and credited to the Hutchinson river bridge fund of said city, and shall be ap- plied to the payment of said city's proportionate share of the costs and expenses incurred in the construction of said bridges, and the said city is hereby required to pay such proportionate share in the proportion heretofore adjusted or which may hereafter be adjusted between said city and said town. The residue remaining after the payment of said costs and expenses shall be transferred into the sinking fund of said city. Section 5. All acts and parts of acts inconsistent with this act are hereby repealed. Section 6. This act shall take effect irnmediately. Chapter 51, Laws 1907. AN ACT to amend chapter one hundred and seventy-six of the laws of nineteen hundred and five, entitled "An act relating to the paving and grading of streets and high- ways in the city of Mount Vernon, and authorizing such city to raise money therefor by the issue of bonds." Became a law March 20, 1907. Accepted by the city. Section i. Section one of chapter one hundred and seventy-six of the laws of nineteen hundred and five, en- titled "An act relathig to the paving and grading of streets and highways in the city of Mount Vernon, and authorizing such city to raise money therefor by the issue of bonds," is hereby amended so as to read as follows. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered, by resolution adopted by it, to issue and sell bonds in the name, in behalf and upon the credit of said city, in an amount not exceeding in the aggregate under this act one hundred thousand dol- lars not more than forty thousand dollars of which shall be issued in any one year, for the purpose of paying one-third 203 of the cost of paving or grading such streets of the city as may be directed by the common council. Section 2. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 3. This act shall take effect immediately. Chapter 436, Laws 1907. AN ACT to provide for the widening of West First street, otherwise known as West Lincoln avenue, in the city of Mount Vernon, from South Eleventh avenue in said city, to the New York city line, and providing for the expense of said improvement. Became a law June 6, 1907. Accepted by the city. Section i. Whenever the common council of the city of Mount Vernon shall determine to widen and alter West First street, otherwise known as West Lincoln avenue, in said city, from South Eleventh avenue to the New York city line, it shall cause to be filed in the office of the clerk of the county of Westchester, and the clerk of said city of Mount Vernon, a map or diagram showing the proposed widening or altering of said street, with the parcels or lots of land to be taken for said improvement, and upon the filing of such maps, as aforesaid, the title to said property so to be taken for said improvement, shall forthwith vest in said city of Mount Vernon, for the purpose of said highway. The proceedings for said improvement shall be taken and con- ducted in the manner prescribed in sections one hundred and seventy to one hundred and seventy-nine, inclusive, of chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two. Section 2. One-fourth of the cost of said improvement when fixed and determined as aforesaid shall be assessed upon the property fronting or abutting on said street as the same is proposed to be altered and widened, and to a depth of one hundred feet on each side of said street, as so pro- posed, in the manner provided by said chapter one hundred and eighty-two of the laws of eighteen hundred and ninety- 204 two, and the remaining- three-fourths of the cost of said improvement shall be paid by the issuing" of bonds of said city of Mount Vernon, to be known as 'West First street widening bonds," to be of such denomination, bear such in- terest, not exceeding the legal rate, and mature at such times as the common council of said city shall, determine, but not more than ten thousand dollars thereof shall mature in any one year. They shall be sold for not less than their par value, or temporary loans may be obtained upon the same and the proceeds thereof shall be used exclusively for the payment of the said three-fourths of the expense of widening and altering said street. Section 3.^ All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 4. This act shall take effect immediately. Chapter 474, Laws 1907. AN ACT to authorize the city of Mount Vernon to issue bonds for the purpose of defraying a deficiency in the po- lice fund for the fiscal year beginning May first, nineteen hundred and seven. Became a law June 10, 1907. Accepted by the city. Section i. The common council of the city of Mount Vernon is hereby authorized and empowered to issue bonds upon the credit of said city to be denominated ''police de- ficiency bonds" to the extent of the sum of three thousand dollars. Such bonds shall be issued in the name of the city of Mount Vernon and under its corporate seal, and shall be signed by the mayor and city clerk, and bear interest at a rate not exceeding six per centum per annum, and be pay- able within five years from the date of issue and shall be of such denomination and description as the common council shall determine. Section 2. When the common council shall determine to issue said bonds, a notice inviting proposals for the pur- chase thereof shall be given by such publication as it may 205 deem advisable, and said bonds shall be sold for not less than their par value and accrued interest. Section 3. The moneys received from the sale of said bonds shall be used only to pay any deficiency existing in the cost and expense of maintenance of the police depart- ment of the said city for the fiscal year beginning May first, nineteen hundred and seven. Section 4. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Section 5. This act shall take effect immediately. INDEX TO CHARTER. Accounts against city, ^^^- Page To be presented in duplicate and sworn to 238 150 Audit of by common council 166 7 74 Aldermen (see "elective officers," "common council"), Elective officers 5 6 Qualifications (freeholders) 5, 21 6, 13 Election of in 1901; terms of office of 11 9 How vacated 15 12 Removal of from office, by whom and how 18 12 Election of, term of office 19 13 Term of office of 22 14 Not to hold any other city office 31 16 Not to be interested in any city contract , 31 16 To attend all meetings 36 19 To act on committees when appointed by mayor. . 36 19 To cause arrest of violators of ordinances, etc. ... 36 19 To report to mayor misconduct of other officials, to be fence viewers as in towns 37 19 Compensation of, vote thereon at election, 1903 . . -25 To constitute common council 158 70 Appointive officers, (See Commissioner of Public Works; Corporation Counsel. Fire Commissioners; Commissioner of Charities; Constables. Poundmaster.) Common council fix terms of; duties of and sala- ries of when not provided for by charter 14 11 Oath of, when and where filed 15 12 Bond of, when and where filed 15 12 Vacancies 16 • 12 Holding over 16 12 Resignation, how made 17 12 Removal of from office, by whom and how . . 18 12 Qualifications of 21 13 Failure to give bond, effect of ;. 30 16 To deliver property, papers, etc., to successor. . . 32 16 Penalty for refusal so to do 32 16 Duties of to be prescribed by common council . . . 163 71 Assessments, (see "taxes," "receiver of taxes"), For expenses of improvements 40 22 Correction of by common council 41 23 Correction of by common council 166 31 78 Ten per cent, to be added to cost to cover engi- neering and superintendence fees 124 63 Sec. Page Assessors, (see "elective officers"), Elective officers 5 6 Election of in 1901; terms of office 11 9 Election of in 1902; term office 11 9 Election of; term of office three years after elec- tions in 1901-2 11 9 Removal of from office, by whom and how 18 12 First election of 20 13 Term of office of 25 15 Salary of and how paid 25 15 Qualifications of 21, 25 13, 15 Powers and duties of, same as town 40 21 Additional compensation fixed by common council 40 22 Violation of duties; penalty $250 40 22 Jurors for city court, selected by 87 41 Auction sales. Regulating of 166 21 75 Auditing committee. Powers and duties of 164 71 Accounts against city must be in duplicate and sworn to r. 238 150 Auditors, Common council, powers and duties of town audi- tors 230 148 Awnings, Regulating erection of 160 28 78 Banks and depositories for city moneys, Common council to designate annually 165 72 To give bond to city 165 72 Board of Education, Annual report • 229 125 To be made to common council 229-L 144 To be made to state superintendent public in- struction 229-L 144 Budget, annual 229-J 139 When made up. May first, annually 229-J 139 Items of, Subs. 1, 2, 3, 4, 5, 6, 7 229-J 139, 140 To be approved by mayor or acting mayor .... 229-J 140 To be filed with city clerk 229-J 140 Included in annual tax levy 229-J 140 Money to be kept in separate fund by city treasurer 229-J 140 Election of members. First election provided for .' 229-E 129 Special election • 229-E 130 Term of office 229-E 130 Sec. Page Notice of, how given 229-E 130 Inspectors of 229-E 131 Regular election first Tuesday June, biennially . 229-E 131 Opening and closing of polls, etc 229-E 132 Form of ballots 229-E 132 Canvass of by board, when and where 229-F 132 Certify result to city clerk 229-F , 132 Oath of office, when an^ where taken 229-F 133 Term of office, when begins 229-G 133 How composed 229-A 125 Members of. Charges against for misconduct, etc . . . . # 229-0 145 ' Mode of trial 229-0 145 Report to state superintendent. 229-0 145 Removal of accused from office 229-0 145 Ordinances for protection of school property .... 229-N 144 To be passed by Common Council 229-N 144 Powers of— general 229-A 125 To purchase, lease, etc., real and personal property 229-B 125 Title to certain districts of town of Eastchester, vested in 229-B 125 Certain school trustees of town of Eastchester continued in office 229-B 126 Succeed to all rights of former trustees of town of Eastchester 229-G 133 Custodians of all records, etc., of trustees of town of Eastchester 229-G 134 To have statement of property, etc., from trus- tees of town of Eastchester 229-H 134 To designate a meeting place 229-H 135 Monthly meetings 229-H 135 To appoint a clerk 229-H 135 Powers and duties of, Report to common council property received by it 229-H 136 Collection of outstanding accounts of old trus- tees 229-H 136 Settlement of debts of trustees of town of Eastchester . . . : 229-H To establish schools, etc 229-1 High school 229-1 School savings banks 229-1 To purchase and repair property 229-1 To purchase, repair and pay for all books, fur- niture, etc 229-1 To have custody of all buildings, books etc 229-1 136 1 136 2 136 3 137 4 137 5 137 6' .137 Sec. To employ a superintendent of instruction 229-1 To pay salaries of superintendent and teachers 229-1 To pay contingent expenses, including janitor, etc • 229-1 To purchase school sites 229-1 To take property by condemnation for school purposes 229-1 To license teachers 229-1 To have entire supervision and management of city schools 229-1 To allow non-resident children to attend schools 229-1 To establish and maintain a free library 229-1 To exercise all powers of school district meet- ings 229-1 To have powers under general laws of state . . . 229-1 Certified copies of records evidence in all courts 229-1 Disbursement of moneys . . . .' 229- J President of When and how elected 229-E No vote except when members tied 229-G Qualifications of members, Freeholders within city 229-G Reside in ward for which elected 229-Gr Quorum, majority of trustees 229-G Records of, certified copies evidence in all courts. 229-1 School sites, purchase of 229-K Notice of special election upon 229-K Election, how conducted 229-K Form of ballots 229-K Certificate of result and canvass of vote 229-K Bonds to be issued to borrow money for 229-K State moneys, Apportionment of by state superintendent 229-N Payment of by county treasurer 229-N Superintendent of instruction of city schools, How appointed 229-1 Powers and duties of 229-P Annual report to be made by 229-P Union free school district and is subject to laws of state relating to such 229-Q Vacancies occurring during year, how filled 229-E Occur through removal from ward and city. • . . 229-G Occur through ceasing to be free holder of the city Filled by board until next election 229-0 Board of fire commissioners, (see fire commissioners). Page 7 137 8 137 9 137 10 137 11 138 12 138 13 138 14 138 15 138 16 139 17 139 18 139 139 129, 130 133 133 133 133 17 139 141 141 141 142 143 143 144 144 7 137 145 146 146 132 133 133 145 Board of health, Sec.^ Page Consist of three citizens. 220 119 Appointed by mayor 220 119 Oath of office 220 119 No compensation 220 119 Monthly meetings 220 ^ 119 Fees collected by to be paid to city treasurer 130 56 Powers of to order construction of sewers and drains 168" 86 Appeal to statte board 168 86 Powers of 221 120-123 Vaccination, periodical 221 120 Quarantine in case of infectious diseases 221 120 Disinfection of buildings, etc 221 120 Cleaning of cesspools, etc 221 120 Abatement of nuisances 221 121 Collection of, cost of 221 121 To establish and ordain sanitary code, etc 221 122 •To impose penalties for violations of 221 122 Recovery of penalties for violations of . . . . 221 122 Infectious and pestilential diseases ' to be re- ported to 224 124 Failure to do so a misdemeanor 224 124 Pest house or hospital, establishment of 223 123 Plumbing and drainage 225 124 May make rules and regulations as to 225 124 Bonds, failure to give by elective or appointive officers, effect of 30 15 Tax relief bonds 142 63 Tax redemption bonds. 155 68 Not to be required from city in any action 232 148 School tax relief bonds 229-S 147 Boundaries of city 1 3 Boundaries of wards 2 4-6 How changed 3 6 Asceritained and determined by common council. 166 55 82 Bridges, (see common council). Construction of 180 93 Bronx River, Bathing in, regulating of 166 17 75 Buildings, Regulating of construction 166 Regulating of construction 166 Regulating of construction 210 Dangerous, taking down 166 Dangerous, taking down 210 Scuttles in roof of 166 28 78 32 78 114 48 81 114 56 82 Burial, Sec. Of dead, regulating of 166 19 Grounds, regulating of 166 19 Budget, tax, how made up 134 58 Board of education, how made up 229-J Police department 206-K By-Laws, Publication of, affidavit of 235 Adoption of by common council . 166 60 Amending of by common council 166 62 Publishing of by common council 166 62 Chief executive of city, Mayor » .. 34 Presidenit of common council 34 Circuses, theatres, shows, etc.. Regulating of and licensing of 166 20 City boundaries 1 City clerk, (see "appointive ofiicers"). Elections: general — to give notice of 8 To notify candidates of their election 10 Vacancies 15 Removal of from office, by whom and how 18 Qualification of 21 Assessment rolls, correction of clerical errors .... 41 Make copy for supervisors 41 Custodian of all records, bocks, etc 42 Clerk of cammon council meetings 42 Records, certified copy evidence 42 Office of a town clerk's office for certain pur- poses 42 Powers land duties of town clerks 42 Account for all moneys to city treasurer 42 To keep account of all city expenditures 42 Warrants or drafts, to countersign all 42 To keep record of all 42 To act as clerk to commissioner of public works. 42 Salary of 42 Bond of 42 To receive fines, penalties and claims of city 130 To pay over to city treasurer monthly 130 Fees, authorized to collect for searches, etc 130 Fees for tax leases 150 Records, ordinances, by-laws, certified copies evi- dence, in all courts, etc 166 62 Records of city clerk certified are evidence in all courts 236 Page 75 75 38-61 139 111 14Q 84 84 84 16 16 75 3 8 8 12 13 13 23 23 23 23 23 23 23 23 24 24 24 24 24 24 56 56 56 57 84 149 Sec. Page Powers of town clerk with respect to highway- proceedings 167 85 Ordinances — Ito keep separate book of 242 151 City Court, Appeals, from — to county court and appellate division 113 . 48 Judgments, when and how 114 48 Not until motion for new trial made 114 49 Notice of appeal, how served 114 49 Undertaking to be given 114 49 Clerk to make up and file case on appeal in appellate court • 114 50 Appeal to be heard on such return 114 50 Remittitur from appellate court 114 50 Time within which to be taken ■ 114 50 Orders — how taken and to what court 114 51 No security required 114 49 Clerk to make up and file papers on appeal. 114 49 Appeal to court of appeals, When and how taken 114-S 6 50 Remittitur from , 114-S 6 51 Undertaking to be given 114-S 7 51 Time within which to be 'taken * 114-S 8 51 City judge. Decisions by, in non-jury causes 79 39, 40 When to be filed, etc 79 40 Appeals from 113 48 Findings to be made and filed 113 48 Shall be counsellor at law 66 36 Powers of 66 37 Where incompetent, etc., causes removed to Westchester county court 67 37 To designate terms of court 67 37 Acting city judge 62 35 Clerk of — appointive officer 102 45 By whom appointed, term of office, salary .... 102 46 May appoint deputy 103 46 Fees 104 46 Fees or fines to be paid to city treasurer 105 46 Account to be kept 105 46 Custodian of • all papers 106 46 Judgment book to be kept by. 107 46 Costs, amount of in 108 46,47 Amount of on appeals 108 47 Taxation of and re-taxation 109 • 47 Court of Record Jurisdiction — ^civil actions Special proceedings Subpoena, where runs Summons, where runs Removal of actions from justice of peace. . . Bond to be given Criminal cases, City judge — powers and duties ; Acting — powers and duties, criminal Appointed annually, qualifications Services — same fees as justice of peace. Stationery, etc., for Fines, to be accounted for and paid to city treasurer City judge — shall be counselor at law Powers of >. Where incompetent, etc. — causes removed to Westchester county court To designate terms of city court Removal of causes from, to supreme court. .. . Procedure thereon Appeal in such proceedings Stay of proceedings therein Court of record Summons, where runs Summons, form of action begun by Defaults, opening of Execution, proceeding supplementary Appointing receiver in Fines to be paid to city treasurer Findings, to be made by city judge Holidays, Process, returnable on, continued to next court day Judgment, motion for Transcripts of, when may be filed Jurors for, how and by whom selected List of filed with city clerk and derk of city court Drawing of When to be made How summoned When to be summoned Petit jury to be composed of twelve men Sec. Page 55 33 56,57 33 58 34 59 34 60 34 61 34 61 35 62 35 63 35 63 36 64 36 252 155 65 36 66 36 66 37 67 37 77 39 68 37 69 38 70 88 71 38 60 34 60 34 72 38 80 40 112 48 112 48 65 36 113 48 78 39 82 40 110 47 87 41 «7 41 88 42 90 42 89 42 90 42 42 r Sec. Page Bystanders, to be summoned, when 91 42 Unusded, from panel, to be returned to box. . 92 42 Fees of 93 43 Exemptions of 94 43 Fines of, for non-attendance 95 43 How collected 95 .43 Jury list may be used repeatedly 96 ' 44 Mandates, to whom directed 83 40 Marshal of — appointive officer 97 44 By whom appointed 97 44 To give bond 97 44 Powers and duties of 97 44, 45 Salary of 97 44 Powers of sheriff, etc 98 45 Fees of sheriff 99 45 None in criminal process 99 45 Fees for summoning jury 100 45 Fees for summoning jury, how paid 101 45 Motions 76 39 Note of issue 76 39 For judgment — notice required 82 40 New trials, power to grant 80 40 Notice of trial, time for 75 89 Nofte of issue 76 39 Pleading, time for .' 73 38 Forms of under Code of Civil Procedure apply 74 38 Practice, general rules of apply 81 40 Special rules by city judge 81 40 Code of Civil Procedure applies, except as limited 84 40 Removal of causes from to supreme court 68 37 Procedure thereon 69 38 Appeal in such proceedings 70 38 Stay of proceedings therein 71 38 Sittings of 77 39 Terms of to be designated by city judge. ... 77 39 Summons — where runs, etc 60 34 Form of 72 38 Supplementary proceedings either in city courtt or county court Ill 48 Receiver in, how appointed 112 48 Trials, Notice of 75 39 New, motions for. . .^ 80 40 Jury trials, how obtained 85-40 Fees for — when paid, etc 86 41 City judge, (see "elective oflBcers"). Sec. (see city court). Elective office 5 Vacancies 15 Election of 20 Qualifications of ■ 21 Term of office. 23 Shall be counselor ait law 66 Salary of and how paid .- 23 To receive fines, penalties, etc 130 To pay over monthly to city treasurer 130 City lockup, Common council to establish 244 City of Mount Vernon, Maps and surveys of, making of 166 22 Is a town of county of Westchester 230 Town laws apply to 230 Common council perform acts of town auditors.. 230 Common council audit claims and accounts 166 7 Suits against, Inhabitants and freeholders not incompeten/t as judge, juror, or witness 231 No costs to be allowed, if claim not first pre- sented 232 Execution not to issue against 232 No bond or undertaking to be given by 232 Real estate of, not tto be taxed 239 Real estate of to be assessed for local improve- ment 239 Execution in favor of city against person and property 243 To recover judgment for fines, penalties, etc. 243 To pay bonded debt of village of Mount Ver- non 245 Seal of, to be provided by common council 252 Books and records of, care of by common coun- cil 166 1 City treasurer, (see "elective officers"). Elective officer 5 Election of treasurer in 1901 11 Term of office 11 Vacancies 15 Removal of from office, by whom and how 18 Election of 20 Qualifications of 21 Term of office 28 Bond to be given by 28 Page 6 . 12 13 13 14 36 14 56 56 151 75 148 148 148 74 148 148 148 148 150 150 151 151 151 155 73 6 9 10 12 12 13 13 15 15 Sec. Compensation of, increase in Vote thereon in election of 1908 Custodian of all city funds 43 Money, when and how paid out 43 Annual verified sitatement 43 To receive all money, from other city officials... 130 To deposit moneys in banks designated by com- mon council , 165 To keep school moneys in separate fund 229-J Accounts of to be examined by common council . . 166-S Claims against city, how presented, etc 164 No costs unless claim presented 232 In duplicate and sworn to 238 Audited by ' common council 166-S Clerk of arrears of taxes, etc. — (see 'taxes). Commissioner M Chari'ties, (See "Appointive Officers") Appointive officer, 12 Salary 12 Term of office 13 Removal of from, by whom and how 18 Qualifications of 21 Powers and duties of 227, 228 Prescribed by Common Council 228 Commissioner of Excise, To pay over all moneys to City Treasurer, 130 Commissioners, fire (see "Fire Conimissioners") Commissioner of Public Works, (see "Appointive Officers") Appointive officer 12 Term of office 13 Salary of Removal of. from office, by whom and how.... 18 Qualifications of 21 Powers and duties of . 6 115 S^eet repairs 115 Street clejining " 115 Reports to Common Council Maps, etc., to be prepared by 115 Petitions for improvement to be filed with .... 116 Maps for improvement to be filed with 117 Pire hydrants to be located by 118 Street lamps to be located by Street excavations under control of 118 Erection of poles, etc., under control of 118 Water supply — to test - , 119 Light, quality of — to test 119 Page 25 25 24 24 25 56 72 . 141 74 71 148 150 74 11 11 11 13 13 124 124 56 11 11 11 13 13 51 51 53 52 52 52 52 52 52 52 52 52 52 Sec. Page Permits for sewers and drain connections.... 120 53 Inspectors of sewers and drain connections.... 120 53 Inspectors o-f City Works, etc 120 53 Permits for street openings 120 53 Remove street encumbrances 120 53 Sanitary inspector, appointment of 120 53 Supervise and report on all public works 121 53 To employ men on public works 122 53 Ten per cent, of cost of improvement for 'superintendence and engineering fees 124 53 Salary of 123 53 Deduction from in case of absence, etc 126 54 Bond to be given by 125 53 Corporation counsel, legal adviser of 127 54 Common Council Appointive officers, appointed by Mayor , 12^. 11 Appointive officers, approTcd by Council 14 11 Salaries of, fixed by Council 14,129 11,54 Removal of, by Council 18 13 , Duties of prescribed by Council 163 71 Alderman to constitute 158 70 Auditing Committee 164 71 How constituted 164 71 Powers land duties of 164 71 Banks and depositories to be designated by.... 165 72 Buildings, To prohibit construction of wooden 210 114 Fire escapes, chimneys, etc 210 114 Demolish structure dangerous to health or life. 210 115 Charities, Commissioner of, to be appointed, etc. 228 124 City departments and officers. All supplies and stationeery to be provided by Common Council 252 155 City property, control and management of 166 73 Claims and accounts against City 164 71 To be presented to Council 164 71 To be referred to Auditing Committee 164 71 Claims for personal injuries to be presented to. . 164 71 Within three months 164 72 No suit thereon until 2 months after such pre- sentment 164 72 Election — general. To give notice 8 8 To designate places where held 8 8 Elections — special. When held; notice of 9 8 Sec. Page Registration for 9 8 To canvas vote and declare result 10 9 Fire department, May organize paid department 218 118 Highways and streets, Powers of commissioners of highways of towns 167 85 Exclusive power to lay out, open, extend, sitraighten, alter, widen, regulate, grade, pave, etc 168 85 To open, regulate, grade and ornament public squares and parks 168 85 To flag sidewalks 168 85 To provide water supply for fires 168 85 To construct, drains, sewers, wells, etc 168 85 Expense thereof, how paid 168 85 Exclusive management and control of 169 86 Laying out and opening upon petition 170 86 Widening, extending, etc. upon petition 170 87 Petitioners to bear expense when 171 88 Widening, extending, etc., without petition.... 170 87 Laying out and opening without petition 170 87 Proceedings thereupon 170 87 Map to be prepared 172 88 ^Commissioners to be appointed 171, 173 88 To give notice of meeting. 173 89 Report of, how made 174 89^ When may take pant or all of premises 175 89-90 When title to vest in city... 175 90 Report to be filed with city clerk 176 90 Notice of review 176 90 Correction of 176 91 Confirmation of 176 91 Appeal from 177 92 Awards how paid 178 92 Court to appoint guardians for infants. . 179 92 Grading, regulating, construction of bridges, etc 180 93 Expenses of, how paid 182 94 Specifications to be prepared 183 94 Sealed proposals to be received 183 ^ 94 Acceptance of , 183 94 Assessors to make written report of assess- ment 184 95 Report filed with city clerk 184 . 95 Review of report 184 95 Common council to examine report 185 . 95 Curbing and assessment therefor. 186 96 Sec. Page Grade, cliauge of, upou petition 187 96 Map to be made and filed 187 96 Public notice tv> be given 187 96 Appointment of commissioners 187 97 Claims for damages 187 97 Discontinuanc-c of streets, Upon petition 188 97 Maps to be made 188 97 ■ Public notice to be given 188 97 Claims for damages because of 189 98 When and where presented 189 98 Commissioners to be appointed 189 98 Powers and duties of such 189 98 Appeal from order of discontinuance . . 190 99 Expense of proceedings, I'ow fixed and paid. . 191 99 Dedication of to public use 192, 193 99-100 Procedure of common council 192 99 Laying ouit and opening of 192 99 Highways and streets. Cross walks, how laid 194 100 Assessment district therefor 194 100 Sidewalks, owners to lay same after notice. .. . 195 100 When city may cause to be laid , 195 101 Lessee may construct and offset expense .against rent 196 101 Fencing, draining and excavating of lots..... 197 101 Assessments for improvements 198 101 When 'they become a lien 198 101 Assessment roll made by city clerk 199 102 Delivered to receiver of taxes 199 102 Method of collectio?i of 200 102 Sales for non-payment of 200 102 City may issue redemption bonds to purchase 200 103 Assessment bonds, when and how issued. .. . 201 103 Errors or irregularities in proceedings 202 104 How corrected 202 104 Re-assessment 208 105 Collection of re-assessment 204 105 Paving of streets 205 106 Bond issue for 2-3 of cost 205 106 Limitation to $70,000 205 106 Limitation to $35,000 in one year 205 106 Meetings of Annual 158 70 Stated— bi-monthly 158 70 Special— how called 158 70 Sec. Page Mayor to preside at 34, 158 16, 70 Vote at, each member entitled to one 158 70 Open to public 160 70 Minutes of, to be kept by city clerk 160 .70 Quorum — a majority \ . . . . 161 70 Vote necessary to levy tax or appoint to office. . 161 70 Vote, how recorded to levy tax or appoint to office 161 70 Members of, council to be judges of elections and qualifications of 162 Not to hold other city office 31 Not to be interested in city contracts. . .\ 31 Powers of, specific, Power to levy taxes — see taxes. To provide for care, etc., of books, records, etc. 166 To protect inhabitants and suppress disorderly assemblages 166 To prescribe and define duties of officers of city 166 To resitrain and punish, beggars, disorderly houses, etc 166 To prohibit and disperse gatherings of persons on streets, etc 166 To fix and determine compensation of city officers 166 To audit accounts and claims against city 166 To call special meeting of inhabitants . 166 To examine accounts of treasurer 166 Of justice of peace within city 166 To establish and regulate public pound 166 To regulate soliciting of passengers by stage drivers, etc 166 To license and regulate public carting, hacking, etc 166 To hold, sell and convey real estate 166 \ To prohibit gambling, etc 166 To repress disorderly houses 166 To regulate and prevent bathing in Bronx river '. . 166 To prevent immoderate driving in ciity 166 To prohibit and regulate burial of dead and burial grounds 166 To regulate by license exhibitions of circuses, theatres, shows, etc 166 To regulate by license, auction sales, hawking and peddling , 166 71 16 16 1 73 2 73 3 73 4 73 5 7a 6 74 7 74 8 74 9 74 10 74: 11 74 12 75 13 75 14 75 15 75 16 75 17 75 18 75 19 75 20 75 21 75 Sec. Page To make maps, and surveys of city ,and wards, and designate names of streets and numbers of lots and buildings To prevent encumbering of streets, etc To grade and flag sidewalks and assess against property To compel removal of snow, ice, dirt, etc., from sidewalks To compel railroads and other companies to keep streets in repair To regulate and superintend laying of all gas and water pipes and conduits, etc To compel signal lights and barricades at street openings To prevent and regulate construction and erec- tion of buildings, signs, awnings and other structures To erect lamp posts and provide the street lighting To prohibit and license storing of gun pow- der and other explosives To correct assessment rolls as boards of su- pervisors To prohibit erection of wooden buildings in parts of city To regulate construction of buildings and ap- purtenances To regulate use of lights in stables, etc To appoint or employ special legal counsel. . . , To prevent and abate nuisances To compel the owner to purify sewer, drains, privies, etc To prohibit or regulate slaughtering, etc To prohibit the bringing of unwholesome or de- cayed carcass, fish, etc., into city To prescribe location of private sewers, drains, etc To prosecute in name of city, upon contracts, and for fines and penalties To purchase fire apparatus Powers of, specific, continued, To pass ordinances for government of fire de- partment To organize and establish a fire department... To prohibit games and amusements in streets. . To direct the return and keeping of bills of mortality 166 44 81 166 23 75 166 23 76 166 24 76 166 25 76 166 26 76 166 27 77 166 27 77 166 28 78 166 29 78 166 30 78 166 31 78 166 32 78 166 32 78 166 33 79 166 34 79 166 35 79 166 36 79 166 37 80 166 38 80 166 30 80 166 40 80 166 41 80 166 41 80 166 42 80 166 43 80 Sec. To regulate speed of locomotives, etc 16G To regulate the setting of poles ^and slringing of wires 166 To regulate the planting end prevent injury to shade trees 166 To take down dangerous buildings 166 To assess against property cost of removing nuisances therefrom 166 To provide rooms for city officers 166 To require city officers to furnish reports 166 To prevent or regulate, ringing of bells, blowing of whistles, etc 166 To prevent or regulate sale of fire works 166 To prevent and punish the discharge of fire- works, etc 166 To ascertain and determine city boundaries, etc 166 To compel owners to put scuttles in roofs of buildings, etc * 166 To impose and fix and collect penalties for ex- cise violations 166 To divide wards into new election districts, and appoint election inspectors, etc 166 To designate two newspapers to publish official notices 166 To make general ordinances, by-laws, etc 166 To appoint constables and special officers 166 To amend ordinances, by-laws, etc 166 To publish ordinances, by-laws, etc 166 To correct assessment rolls 41 To perform duties of town auditors 230 President of, how eledted, powers and duties of, 158 To preside at meetings 34 Rules, to make of its own proceedings 162 Schools, and school property. To pass ordinances for protection of 229-N School tax relief bonds 229-S When and how issued 229-S Seal for city — common council to provide 252 Sewers, system, to make surveys, plans, maps, etc. 181 Laws relaing to village of Mount Vernon re- served 181 Bonds !to be issued for 181 Ward boundaries changed by 3 Comptroller (see "Elective Officers") Elective officer 5 Election of, in 1901 11 Term of office. ...*.. 11 Page. 45 81 47 81 46 81 48 81 49 81 50 81 51 81 52 82 53 82 54 82 55 82 56 82 57" 82 58 82 59 82 60 84 61 84 61 84 62 84 23 148 70 16 71 145 147 147 155 93 93 93 6 6 9 ' 9 Sec. Page 15 12 21 13 42 24 52-A 29 52-A 30 12 11 12 11 13 11 18 13 21 14 26 15 54 32 54 32 54 32 166 61 84 Vacancies Qualifications of To countersign warrants or drafts To appoint clerk of arrears of taxes To act as comptroller in absence of comptroller For act creating office of, see "Appendix:", page 173. Conduits, Laying of, regulating 166 Constables, (See "Appoinitive Officers") Appointive officers One in each ward. Term of office Removal of, from office, by whom and how Qualifications of Of town of Eastchester contitiued in office Powers and duties of Bond to be given by ; Actioh on Appointment of by common council Contracts, City — Common council to sue on, etc 166 40 80 Corporation Counsel (see "Appoinitive Officers") Appointive officer. Term of office Removal from office, by whom and how Qualifications of Charge and conduct of all legal business Salary of Compensation of street opening, etc., proceedings Special — employment of Corporate name Corporate powers. All the rights, powers and privileges as confer- red by general statutes on municipal corpora- tions To sue and be sued To make and use common seal and alter it To succeed to all rights and liabilities of village of Mount Vernon Counsel, (see corporation counsel). Special, employment of Criminals, Expense of apprehending and trying to be paid by Westchester county Dead, burial of, regulating Dedication of streets, etc 12 11 13 11 18 13 21 IS 128 54 128 54 191 99 166 34 79 1 4 1 4 4 6 4 6 4 6 166 34 79 233 149 166 19 75 192 99 Sec. 255 256 Page 155 155 166 166 16^ 366 2 4 5 16 73 73 73 75 197 101 120 53 120 53 225 166 166 36 39 124 79 80 Definitions, "Freeholders'' "Supervisor" Disorderly assemblages, Suppressed by common council Tramps, beggars, disorderly houses Street gathering Houses, repression of disorderly Draining of *vacant lots Drains, Permits for from commissioner of public works . . Inspectors of, appolMed by commissioner of pub- lic works Board of health may make rules and regulations as to Purifying of Private, regulating of Driving in streets. Regulating of 166 18 75 Eastchester, town of, (see town of Eastchester). Election districts, establishment of Inspectors, appointment of Elections, general election laws apply to city First election Appointment of inspectors Appointment of ballot clerk General election. When held Common council to designate places Notice, how given To be held in November, 1901 Special elections, when held. Ordered by common council Notice of .*...' Registration for Opening and closing of polls, conduc^t of elec- tions, canvass of vote, by inspector and by common council, returns to city clerk and county clerk, candidates elected to be notified by city clerk and take oath before common ' council : 10 8,9 Elective officers, (see mayor, aldermen, supervisors, oity judge, justices of peace, comptroller, city treasurer, receiver of taxes, assessors, board of education). Enumerated 5 6, 7 66 58 82 66 58 82 7 7 r» 7 7 7 7 7 8 8 8 8 8 8 11 9 9 8 9 2 8 9 2 8 9 2 8 Sec. Page 10 8,9 10 8,9 15 12 15 12 33 16 16 12 17 12 18 12 20 13 21 13 30 15 32 16 32 16 Notice of election to, by city clerk Oath of ofHce, when to take . Bond of, when and where filed Vacancies, how produced How filled and by whom Holding over Resignation, how made Removal of from office, by whom and how Election of Qualification of Bond, failure to give, effect of, To deliver property, papers, etc., to successor. . . . Penalty for refusal so to do Duties, salaries, fees, etc., of, fixed by common counsil 129 54 Evidence in courts of record, Certified copies of records of city clerk 236 149 Certified copies of records of board of health 236 149 By-Laws, ordinances, resolutions, etc., when printed 237 150 By authority of common council 237 150 Excise commissioners, (see commissioners of excise). Violations, penalties, etc., collection of 166 57 82 Execution, Not to be issued against city City may issue against property and person To recover judgment for fines, penalties, etc Explosives, regulating storage of, etc Fees, City Clerk, Copies papers 10 cents pe^ folio For tax leases Corporation counsel, For tax leases Street openings, etc Fencing of lots Fines — ^suits for Fire commissioners, (see "appointive officers"). Appointive officer Term of office Salary of Vacancies Removal of from office, by whom and how Qualifications of 232 148 243 151 243 151' 166 30 78 42 23 150 67 150 67 191 99 197 101 166 40 80 12 11 13 11 13 11 15. 12 18 13 21 13 Sec. Page Board of three — term of office 211 115 To submit annual estimate of expenses 211-A 115 Same to be placed in special fund 211-A 215 To form part of annual tax levy 211-A 215 Bills and accounts of, how paid 211-B 215 Powers of, To compel all persons to aid in extinguishing fires 212 116 To establish regulations and ordinances for prevention of fires, etc 212 116 To have charge of all apparatus. 213 116 To organize and disband engine, hose and hook and ladder companies 213 116 Are fire wardens 214 117 To examine theatres, halls, etc 214 117 Fire Companies 213 116 Power to elect foreman and- assistant 213 116 . Power to fill vacancies in ranks 213 116 Power to adopt by-laws and impose fines 213 116 Power to expel members 213 116 Custody of apparatus 213 116 To elect engineer, firs.t and second assistant and treasurer 215 117 Fire department. Apparatus, purchase of IGG 41 80 Common council has power to organize paid de- partment 218 118 Duties of commissioners thereupon 218 118 Expenses thereof to be included in annual tax. 218 118 Establishment and organization of 16G 42 80 Expense of limited to 1-15 of one per cent, of assessed valuation 218 118 City treasurer to pay over monthly to treasurer. 218 118 Members of may make use of any horse, etc., to convey engine, etc., to scene of fire 216 117 Members of exempt from jury and military duty, etc '..... 217 118 Officers of elected by members 215 117 Ordinances for government of 16G 41 80 Paid department, common council may organize.. 218 118 Treasurer of department, To give bond 218 119 To receive monthly payments from city treas- urer 218 118 Topay all claims, accounts, etc 218 . 118 To render account to commissioners 218 119 Fire limits, Sec. Establishment of ." 166 S2 Fireworks — ^regulating of sale of 166 53 Punishing for discharge of 166 54 Fish, unwholesome in city prohibited 166 38 Freeholder, definition of 255 Gambling, Common council fto prohibii: 166 15 Grade, change of 187, 191 Grading of streets and highways .". 180-6 Gun-powder, regulating storage, etc., of 166 15 Hacking, carting, etc 166 12 Kegulating of by common council 166 13 Health, board of, (see board of health). Health, public, (see board of health). Highways and streets, (see common council). ("highways and streets"). Improvements, assessments for 198, 205 Holding over by elective and appointive oflScers .... 16 Infectious diseases to be reported to board of health 224 Failure so to do a misdemeanor 224 Inspectors, Of public improvements 120 Appointed by commissioner of public works . . . 120 Of election, appointment of 116 58 Judgments, against city. Execution not to issue 232 How paid 232 Jurors, (see city court). How selected 39 Not incompetent in suit .i gainst city 231 Justices of the peace (see "elective officers"). Elective officers 5 • Election of in year 1902 — term of office 11 Vacancies 15 Removal of from office — how 18 Election of 20 Qualifications of 21 Of town of Basitchester to continue in office -24 Election of 24 Term of office of 24 Powers and duties of 53 Compensation of 53 No criminal jurisdiction 53 Page 78 82 82 80 155 75 96,99 93,96 75 101. 106 12 124 124 53 53 82 148 148 21 148 6 9 12 12 13 13 14 14 14 32 32 32 Leases, tax, (see "taxes"). Sec. Page School tax to be assigned bj' town of Eastchester to city of Mount Vernon 229-B 146 Of town of Eastchester to be assigned to city. 247 152 Ldghting of streets, etc 166 29 78 Of stables 166 33 79 Ivockup, city, Common council may establish 244 151 Locomotive, regulating speed of 166 45 81 Maps and surveys of city and wards, making of . . . 166 21 75 Mayor, (see "elective officers"). Elective officer 5 6 Election for mayor in 1901, term of office ........ 11 9 Vacancies filled by 15 12 Removed by governor 18 12 Election of 20 13 Qualifications of 21 13 Term of office 22 14 Not to be interested in any city contract 31 16 Chief executive , 34 16 Preside at meetings of common council 34 16 To enforce by-laws andordinances 34 17 Supervision of subordinate officers 34* 17 Appointment of all appointive officers 34 17 To examine into all complaints against appointive officers 34 17 Recommendations to common council 34 17 Resolution and ordinances of common council to be approved by : 34 17 Power of veto 34 17 Procedure thereupon 34 17 Two-thirds vote necessary to pass over veto .... 34 17 Disapproval within 10 days 34 17 Power to revoke license of hackmen, cartmen or exhibition of any show 34 17 Power to hear, try and determine complaints against appointive officers 34 17 To sign all appointmenits of common council 18 To sign all warrants for payment of money 18 Power to enter gambling houses, etc., and make arrests 34 18 Power to administer oaths, take affidavits, and acknowledgments of deeds 34 18 In absence or sickness of mayor, president of common council to act 34 18 Sec. Page All powers conferred upon mayor of cities by- state statute Powers to arrest To issue warrants for arrest Examination and trial of offenders May transfer case to city judge Annual report to common council of financial condition of city Compensation of. Vote thereon in election, 1903 Preside at common council meetings Casting vote at common council meetings When entitled to vote as member of common council . To approve all bills, ordinances, resolutions, orders and tax levy ' Meats, unwholesome in city prohibited Meetings, Of inhabitan'ts called by common council Moneys, How disbursed Mortality, bills of — keeping of Mount Vernon, village of. Bonded debt to be paid by city Newspapers, official. Designating of by common council. Nuisances, Prevention and abatement of Prevention and abatement of Assessment against property for costs of re-. moving Ringing of bells, blowing of whistles Officers of city, Duties of, defined by common council Compensation of fixed by common council Rooms for, provided by common council Reports, from required by common council Stationery and supplies by common council Officers, elective Officers, elective; terms of office Officers, appointive Terms of office Vacancies, how produced How filled Resignation — how made Removal of from office, by whom and how 34 18 34 18 34 18 34 18 34 IS 35 19 25,26 25,26 158 70 158 70 161 71 161 71 166 38 80 166 8 74 42 23 166 44 81 245 151 166 59 82 166 35 79 221 120 166 49 81 166 52 82 166 3 73 166 6 74 166 50 81 166 51 81 252 155 5 6 11 9 12 11 13 11 15 12 33 16 17 12 18 12 Sec. Page Election of 20 13 Qualifications of 21 13 Bond, failure to give, effect of 30 15 To deliver property, papers, etc., to successor. . 32 16 . Penalty for refusing so to do 32 16 OfBcial newspapers. Designated by common council 166 59 82 Ordinances, (see common council, powers of — specific) Copies of, certified by city clerk, presumptive evi- dence, in all courts and place 166 Of village of Mount Vernon, saving clause las to. . 166 Affidavit of, publication of 235 To be kept by city clerk in separate book 242 Of village of Mount Vernon continued in force . . 250 For protection of school property 229-N Adoption of, general 166 Amending of, general, by common council 166 Publishing of, general, by common council 166 Overseer of poor (see "Commissioner of Charities") Paving of streets, etc 205 Peddling, regulating of 166 Penalties, suits for 166 Personal injuries, suits against city 164 Presentment of claim 241 Examination before mayor 241 Allegation in complaint, of presentment of claim, etc 241 Pest house, or hospital, establishment of ... 223" Physicians, to report infectious diseases to board of health 224 Police and police department 206 Commissioner is head 206 Appointed by mayor 206 Term of office 206 Salary of 206 How removed from office 206 Bond to be given by 206 May appoint clerk 206 Power to make rules, etc 206 To try member of force and reprimand, fine or dismiss 206-A Trials before 206-J May administer oaths 206 Subpoena witnesses 206 False swearing by, is perjury 106 Attachment against witnesses 206 62 84 63 84 149 151 153 145 60 84 62 84 62 84 106 21 75 40 80 71 150 150 150 123 124 106 106 107 107 107 107 107 106 107 107 110 110 110 • 110 110 . Sec. Repealing clause 206-B Saving clause, general ' 206-C As to funds, etc., of old board 206-D As to funds, etc., of old board 206-E Force, how constituted 206-E All members appointed by commissioner.... 206-E Age limits for appointment, 206-E Uniform regulated by commissioner 206-F Special police, when and how appoinlted .... 206-P Powers and privileges of 206-G Those appointed under act of 1892 to cease to act 206-H Warrant of appointment to be issued to. . . . 206-1 Exempt from jury and military duty 206-M Not liable to arrest or subpoena in civil action 206-M Compensations fixed by commissioner 206-N Gifts, rewards, etc., not to be received by . . . 206-P Duties of 206-Q Powers of 206-R Term of office of, during good behavior. .. . 207 Charges against, how preferred and heard . . 207 To take oath on appointment 207 Salaries of, when and how paid 208 Chief of police, powers and duties of 209 Annual estimate of cost of maintenance 206-K To be included in annual tax levy 206 One-half to be paid" monthly by city treasurer 206 To pay all claims, accounts, etc 206 To report to common council 206 To publish annual statement of expenses, etc. . 206 Mayor, alderman, or other city official not elig- ible \ 206-0 Plumbing and drainage. Board of health may make rules and regulations as to 225 Poles, seitting of, regulating 166 47 Poor, see "commissioner of charities". Poundmaster, (see "appointive officers") Appointive officer 12 Salary of 12 Term of office 13 Vacancies 15 Removal of, from office, by whom and how 18 Qualifications of 21 Powers and duties of 219 Page 108 108 108 109 109, 109 109 109 109 109 110 110 112 112 112 112 112 113 113 113 114 114 114 111 111 111 111 111 111 112 124 81 11 11 11 12 13 13 119 Pound, public. Sec. Page Established bj^ common council 166 11 74 Powder, gun, Regulating storage, etc., of 166 30 78 President of village of Mount Vernon to act, as mayor until successor elected 6 7 Privies, purifying of 166 36 79 Process, legal under charter. Service of, on corporation, partnership, etc 234 149 Quorum, Common council 161 70 Board of education 229-G 133 Real property of city. Common council power to hold, sell and convey 166 14 75 Receiver of taxes and assessments, (See "elective oflScers") Elective officer. 5 6 Election of, in 1901 11 9 Term of office 11 9 Vacancies 15 12 Removal of, from office, by whom and how 18 12 Election of 20 13 Qualifications of 21 13 Term of office 27 15 Bond to be given by 27 15 Bond to be given by, when, amount of, etc .... 44 26 Lien on real estate of sureties 44 26 Office for, to be provided by common council .... 45 27 Office hours of * 45 27 Deputy power to appoint 46 27 Qualification, powers and duties 46 27 Bond to be given by 46 27 Compensation of 46 27 To give public notice of receipts of warrants .... 47 27 Method of collection of (taxes, by 48 28 To make daily deposits with treasurer 48 28 To make daily itemized records of receipts.... 49 28 Suspension from office, when and how 50 28 Appointment of successor, when and how.... 50 28 Return of unpaid taxes to be made to common council, when and how 51 29 Annual statement to common council 52 29 Records and books of city 166 1 73 Sales for unpaid .taxes — see "taxes". Schoals — see "board of education". Sec. City of Mount Vernon i^eparate school district. . 229 All rights, powers, public money, etc 229 Commissioners fix value of school districts and ap- portion between town of Eastchester and city of Mount Vernon 229-C Appointed by county judge Westchester county. 229-C Compensation of such commissioners 229-C Supervisors of Westchester county to apporftion school moneys between city and town of. .... . 229-D In city of Mount Vernon comprise union free s^chool district and are subject to state laws. . 229-Q School tax leases held by town of Eastchester to be assigned to city of Mount Vernon 229-B Tax relief bonds 229-S When and how issued 229-S Payment of same '. 229-S Ordinance for protection of 229-N Seal of city, common council to provide 252 Sewers and drains. Permits for, from commissioner of public works. . 120 Inspector of, appointed by commissioner public works 120 Purifying of 166 36 Private, regulating, etc., of 166 39 Surveys, plans, etc 181 Village of Mount Vernon laws reserved 181 Bonds to be issued for 181 Sidewalks, crosswalks, etc. Suits for personal injuries from defective 164 Grading and flagging of 166 24 Removal of dirt, snow and ice from 166 25 Laying of, land assessments for 194 Laying of, by owners 195 * Signs, Regulating, erection of 166 28 Slaughtering, Regulating of 166 37 Snow and ice. Removal of, from sidewalks 166 25 Stables, Lighting of 166 33 Stationery and supplies 252 Streets, Naming and numbering 166 22 Encumbering of 166 23 Paee 125 125 127 127 127 128 146 146 147 147 147 145 155 53 53 79 80 93 93 71 76 76 100 100 78 80 76 79 155 75 76 Sec. Page Railroad companies, etc., to keep in repair 166 Pipes, laying of, regulating of 166 Openings in, lights and barricades upon 166 Lighting of 166 Games and amusements in, prohibited 166 Setting poles and stringing wires 166 Grading, regulating, paving, etc 180:6 Grade, -change of • 187 Discontinuance of 188, 191 Dedication of 192 Improvements, assessments for 198-204 Paving of '. 205 Streets and highways — (see "common council")- Suits against city, either contract or tort. Presentation of claim, condition, precedent 241 Complaint must contain such allegation 241 Examination of claimant before mayor 241 Supervisors (see "elective oflacers")- Elective oflScers 5 Qualifications . 5 Election of, in 1901 11 Term of office 11 Term of office, twx) years (after those elected in 1901) 11 Vacancies 15 Removal of, from office, by whom and how 18 Election of 20 Qualifications of ^1 Five supervisors in city. 38 One in each ward 38 Same powers and duties as in towns 38 Members of Westchester county board 38 Compensation same as towns 38 How chosen 38 Assessment roll from city clerk 41 Definition of "supervisor" 256 Taxes — (see "assessments"). How and when assessed 40 Public notice to be given 40 Review and correction of 40 Arrears of : 52-A Clerk of, how appointed 52-A Duties of, and salary 52-A Taxes — levying and collection of. Assessment rolls corrected by ciity clerk, etc. 132 * 57 26 76 27 77 28 78 29 78 42 80 47 81 93-96 96 97,99 99 101-105 106 150 150 150 6 7 9 10 10 12 13 13 • 13 19,20 20 20 20 20 20 23 155 21 21 22 30 30 30-32 Village of Mount Vernon, Rights land liabilities of, vested in city Officials of, continued in office until successors elected Bonded debt of, to be paid by city Receiver of taxes of, to enforce collection of tax and assessment warrants in his hands to make return to common council Ordinances, by-laws, regulations, etc., of, con- tinued in force Dissolved and offices abolished Vital statistics, keeping record of Ward boundaries Wiard boundaries, how changed Maps and surveys of, making of Division of, into election districts Westchester county, To pay expense, of apprehending and trying criminals Wires, stringing of, regulating - Sec. Page 4 6 6 7 245 151 248 153 248 153 250 153 254 154 166 44 81 2 4 3 6 166 22 75 166 58 82 232 148 166 47 81 INDEX TO APPENDIX. Page Chapter 608 Laws 1886, with amendments: Sewers in village of Mounit Vernon; act providing for con- struction of . . . 159 Chapter 598 Laws 1§94: Westchester railway; act providing for construction of, in city of Mount Vernon 169 Chapter 12 Laws 1895: School bonds; act to legalize vote upon and issue of, under section 229-K of city chaiiter 169 Chapter 774 Laws 1896: Water supply for city of Mount Vernon; act to provide for. . 170 Chapter 247 Laws 1898: "Sinking Fund Commission" for city of Mount Vernon; act providing for 174 Chapter 443 Laws 1898: Young Men's Christian Association; real estate of, relieved from taxes ' 176 Chapter 542 Laws 1900: Union free school No. 5, village of Mount Vernon; act ratify- ing act of trustees of, in selling lot No. 25 map, West Mount Vernon 173 Chapter 581 Laws 1900: Vernon Heights Congregational church; act relieving real es- tate of, from assessments against 174 Chapter 69 Laws 1901: Comptroller of city of Mount Vernon; act oreaiting oflSce of. . 176 Chapter 489 Laws 1901: Library site; act authorizing board of education to acquire lands for 179 Chapter 44 Laws 1902 and Amendment 1903: Bonds to meet temporary deficiencies; act authorizing issue of, to extent $175,000 181 Chapter 482 Laws 1903: Assessments for local improvements; act in regard to vacating and modifying 182 Chapter 349 Laws 3904: Refunding bonds due February, 1905; act authorizing issue of bonds for purpose of . 186 Page Chapter 459 Laws 1904: Police pension fund; act to provide for 187 Chapter 86 Laws 1905: Deficiency fund for support of fire department; act providing for 1904 and 1905 193 Chapter 87 Laws 1905: Fire houses and buildings for police depantment; act providing for bond issue for purchase of, and sinking fund for redemp- tion of such bonds 194 Chapter 114 Laws 1905: Refunding bonds due February, 1906; act authorizing issue of, bonds for purpose of 196 Chapter 176 Laws 1905: Paving and grading streets and highways; act authorizing rais- ing of money and issuing bonds for $60,000 197 Chapter 561 Laws 1905: General fund of city of Mount Vernon; act authorizing trans- fer to, of unused balances of special funds 196 Chapter 53 Laws 1906: Refunding bonds due February, 1907; act authorizing issue of bonds for purpose 199 Chapter 70 Laws 1906: Bridges between Mount Vernon and Pelham; act authorizing issue of $30,000 to pay city's share of /. 201 Chapter 51 Laws 1907: Grading and paving of streets; amending chapter 170 lawjs 1905 202 Chapter 436 Laws 1907: Lincoln avenue widening; act providing for 203 Chapter 474 Laws 1907: Police deficiency; act authorizing issue $3,000 bond to meet. . 204 UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW Books not returned on time are subject to a fine of 50c per volume after the third day overdue, increasing to $1.00 per volume after the sixth day. 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