PITY OF LOS ANGELES UNIVERSITY OF CALIFORNIA AT LOS ANGELES GIFT OF Bureau of Governmental Research Compliments of CLARK H. HAMMOND, Corporation Counsel. THE CHARTER OF THE CITY OF BUFFALO As amended from time to time since adop- tion in 1 89 1 and as now in force Compiled and Annotated BY HENRY ADSIT BULL PUBLISHED BY THE CITY February, 1908 Hausauer-Jones Prlotiog Co., Buffalo, N. Y. C » C tec *CC' COMPILER'S NOTE This compilation of the Charter (of which the last edition was issued in 1896) was begun unofficially in November. The City having assumed the publication, the completion of the work has been on the basis of public service and of preparation for assuming the duties of office. The plan of this edition is to present every section in its present form, with as much of its histoiy as pos- sible. Reference to every amending act is made at the end of the section or subdivision amended; and where practicable, a note has been added, briefly describing the nature and effect of the amendment. Sections that have become obsolete because of their temporary char- acter, repeal, or the passage of laws superseding them, have been omitted, the reason for omission being stated in every case. The printing of a section without any note or reference to an amendment shows that the section has remained unchanged since its adoption in 1891. In carrying out this plan of compilation, ninety- seven laws, containing two hundred and nineteen sec- tions, making in all two hundred and fifty-one amend- ments to one hundred and fifty-five different sections of the Charter, have been personally examined, the V copy furnished, and the proof read by the compiler. ^^ In addition, the final proof has been read aloud in com- ^ parison with the official edition of the Session Laws Vpubhshed by the State. Thanks are due to Mr. Wilham S. Rann, of the Corporation Counsel's staff, for occa- ^ sional assistance. 'V^ Every effort has been made to secure accuracy '^ and completeness, and it is hoped that the result will .^ aid city officials to more efficient discharge of their ^ duties, and also stinmlatc intelligent discussion of pro- posed changes in the Charter. Buffalo, February, 1908. 353517 OFFICERS OF THE CITY. MAYOR. James N. Adam.(I) COMPTROLLER. TREASURER. George M. Zimmermann.(I) Neil McEachren.(2) BOARD OF ASSESSORS. Frank J. Schmidt,(1) Martin J. Ryan,(2) Edward G. Volz.(3) CORPORATION COUNSEL, Louis E. Desbecker.(I) POLICE COMMISSIONERS. Henry C. Zeller, William D. Doherty, and Mayor ex officio. HEALTH COMMISSIONER. Ernest Wende, M.D. FIRE COMMISSIONERS. Simon Seibert, William Person, and Russell H. Potter. COMMISSIONER OF PUBLIC WORKS. Francis G. Ward. (2) PARK COMMISSIONERS. Charles Hosier, Horace A. Noble, Maurice M. Wall, Thomas B. LocKwooD, Harold G. Meadows, and the Mayor ex officio. SUPERINTENDENT OF EDUCATION. Henry P. Emerson.(2) OVERSEER OF THE POOR. Louis J. Kenngott.(I) POLICE JUSTICE. Simon A. Nash. (2) JUSTICES OF THE PEACE. Wm. Brennan,(1) Daniel J. Sweeney, (1) George E. Judge.(2) JUDGES OF THE MUNICIPAL COURT. Clark H. Hammond, (1) Devoe P. Hodson.(2) (1) Term expires December 31 , 1909; (2) exoires December 31 , 1911 ; (3) expires December 31, 1913; tenna of other officers (all appointed) expire at various dates. LEGISLATIVE DEPARTMENT. COMMON COUNCIL. President, Henry Adsit Bull. Composed of the Aldermen and Coimcilmen in joint session . BOARD OF COUNCILMEN. President, Henry H. Bingham, M.D. John C. Betz Henry Adsit Bull Alfred H. Burt John McManus Jacob J. Siegrist William Burnet Wright, Jr. Charles L. Willert Henry Zipp 1st Ward 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th BOARD OF ALDERMEN. President, George Jacob Haffa. John P. Sullivan 13th Ward George J. Burley John J. Collins 14th Joseph Butler 15th Elmer E. Harris 16th Louis P. Fuhrmann 17th Jas. S. Porter, M.D. 18th Edward Sperry 19th John F. Nowak 20th William Metzler 21st William O. Weimar 22nd Frank J. Britz 23rd Fred.W. Schmieding 24th 25th Ward John J. " Charles F, Brooks " Samuel Stengel " Henry F. Jerge " Harry Fisher " George H. Striker " Octave A. Bruso " William H. Crosby " Francis T. Coppins " Wm. E. Shifferens " George J. Haffa " Frank J. Eberlb Kennedy. CITY CLERK. Harold J. Balliett. Deputy, Jacob A. Stauch. The terms of Coimcilmen Bingham, Bull, Burt, Siegrist, and Wright will expire December 31st, 1911; those of the other Councilmen and of all Aldermen expire December 31st, 1909. Presiding officers are elected annually. TABLE OF CONTENTS. Title. I. H. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. xvrr. XVIII. XIX. XX. XXI. XXII. XXIII. XXIV. Subject, Sections. The City 1-3 Tlie Legislative Department: Chap. I. The Common Council 4-32 " II. The City Clerk 33-42 The E.xecutive Department: Chap. I. The City Officers 43-48 " II. The Mayor 49 55 Department of Finance : Chap. I. Comptroller and Treasurer 56-64 " II. The General Fund 65-92 " III. Local Funds 93-105a " IV. Sale of Lands for Taxes 106-128 Department of Assessment: Chap. I. Board of Assessors 129-137 " II. Annual Assessment-Roll 138-142 " III. Local Assessments 143-160 Department of Law 161-179 Department of Police 180-230 Department of Health 231-244 Department of Fire 245-270 Department of Public Works 271-307 Department of Parks 308-323 Department of Public Instruction 324-348 Department of Poor 349-364 Ward Officers 365-368 Elections 369-375 Harbor Master 376-381 Police Justice and Justices 382-390 Public Grounds, Streets, and Waters 391-410 Light 411-416 Of Eminent Domain 417-445 Official Printing 446-450 Municipal Court 451-473 Salaries 474 General Provisions 475-508 CORRECTIONS AND ADDITIONS. i Page 32— After line 2 insert "for." 58— At end of note to section 77 add ''and L. 1896, c. 809, Sec. 2." 60 — In. line 1 of section 97, change "obtain" to "retain." 83 — At end of note to section 130, add "and L. 1903, c. 7." 90 — Before line 11 from bottom, insert "sub- sequent." 94 — At beginning' of line 12, change -"sons" to "persons." 224 — In note to section 402, after "Thus amended by," insert "L. 1895, c. 805, Sec. 29, and." 255 — In first note on page, after "L. 1893," change "c. 468" to "c. 245." THE CHARTER OF THE CITY OF BUFFALO LAWS OF 1891, CHAPTER 105 with all amendments to and including Acts of the Legislature of 1907 In Effect January 1, 1908 AN ACT To Revise the Charter of the City of Buffalo Approved hy the Governor, March 27, 1891. Passed, three- fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as folloivs: TITLE I. THE CITY. Section 1. The city of Buffalo shall be bounded as follows: Beginning at a point where a line drawn parallel with and thirteen hundred and fifty-three feet distant, and southerly at right angles from the northerly line of lot one hundred and three on the ''mile strip" of the New York state reservation on the Niagara River will intersect the east bank of the Niagara River, and running thence easterly and parallel with said northerly line of said lot one hundred and three to the New York state reservation Une, including so much of said lot one hundred and three as Hes southerly of the line, thus establishing and excluding so much of the "Jones mile square," so called, as lies northerly of said line; thence 8 REVISED CITY CHARTER. [Title I. southeasterly along the northeasterly bounds of the said "Jones mile square'' and the New York state reserva- tion line the following courses and distance, to wit: South forty degrees east, two chains and sixty links; south thirty-five degrees east, seven chains; south thirty degrees east, seven chains; south twenty-five degrees east, seven chains, and south twenty degrees east, one chain and eighty-three links to the northwesterly corner of township number eleven, in the eight range of town- ships of the Holland Land Company's survey; thence easterly along, the northerly line of said township, to the northeasterly corner thereof; thence easterly, along the northerly line of said township to the northeasterly corner thereof; thence easterly, along the northerly line of lot number sixty-six of the eleventh township and seventh range, to the northeasterly comer of said lot number sixty-six; thence southerly, along the easterly line of said lot number sixty-six, to the southeasterly corner thereof; thence easterly, along the southerly line of lots numbers sixty-five, fifty-eight, fifty-seven, and fifty-six, to the southeasterly comer of said lot fifty-six; thence northerly along the easterly line of lots numbers forty-six, forty-five, forty-four, forty-three, forty-two and forty-one, to the southwesterly corner of lot number thirty-two, and the southeasterly corner of lot number forty-one, in said last -mentioned township; said corners being also a point in the northerly line of the Buffalo Creek Indian reservation, as surveyed by James Sperry, eight chains and eighty-two links easterly from the northwesterly corner of lot number one hundred and forty-eight and one-half; thence south one degree and fifty-one minutes west, two hundred and eighty-eight chains and seventy-four links to a point in the southerly line of lot number two hundred and seventy-five of said reservation, and eighteen chains and forty-eight Unks easterly from southwesterly corner of said lot number two hundred and seventy-five; thence westerly along the southerly line of lots numbers two hundred and seventy- Title I.] REVISED CITY CHARTER. 9 five, two hundred and sixty-four, two hundred and sixty- three and forty-two, to the southwesterly corner of said lot number forty-two; thence westerly on the same course as the last-described line, to the westerly line of the state of New York; thence northerly, along said westerly line of the state of New York, to a point on Niagara River, at right angles with the easterly shore opposite the place of beginning, and thence, in a right line easterly, to the place of beginning. § 2. The citizens of this state, who may from time to time reside in said city, shall continue to be a municipal corporation in perpetuity under the name of the ''City of Buffalo." The corporation may take, purchase, hold and convey real and personal property. It may take by gift, grant, bequest and devise, and hold real and personal estate in trust for any purpose of education, art, health, charity or amusement, for parks, gardens and grounds for the burial of the dead, or other public use, and for the erection of statues, monuments and pubhc buildmgs, upon such terms as may be described by the grantor or donor and accepted by the corporation; and it may pro- vide for the proper execution of such trusts. It may do eveiything necessary to carry into effect the powers granted to it. § 3. The city shall be divided into twenty-five wards, bounded, respectively, as follows: FIRST WARD. All that portion of the city included in the following boundary shall be known as the first ward, to wit: Beginning at the intersection of the center fines of Main Street and Perry Street ; thence along the center fine of Main Street southerly to the center line of Buffalo River; thence westerly along the center fine of Buffalo River to a point in the westerly boundary of the state of New York opposite the mouth of Buffalo River; thence south- lU REVISED CITY CHARTER. [Title I. erly along the westerly boundary of the state of New York to the intersection with a line which would be formed if the easterly track of the Buffalo Creek Railroad were continued in a straight line to the westerly boundary of the state of New,York; thence northeasterly along the center of said line to the easterly track of the Buffalo Creek Railroad as now located to the center hne of Perrj^ Street; thence westerly along the center line of Perry Street to the intersection of the center lines of Main Street and Perry Street, the place of beginning. Thus amended by L. 1905, c. 644. SECOND WARD. Beginning at the intersection of the center lines of Main Street and Seneca Street; thence southerly along the center line of Main Street to the intersection of the center lines of Main Street and Periy Street; thence easterly along the center line of Periy Street to the intersection of the center lines of Perry Street and Bab- cock Street; thence northerly along the center line of Babcock Street to the intersection of the center lines of Babcock Street and Seneca Street; thence westerly along the center line of Seneca Street to the intersection of the center lines of Main Street and Seneca Street, the place of beginning. Thus amended by L. 1905, c. 644. THIRD WARD. Bcginnhig at the intersection of the center lines of Main Street and Eagle Street; thence southerly along the center hne of Main Street to the intersection of the center lines of Main Street and Seneca Street; thence easterly along the center line of Seneca Street to the intersection of the center lines of Seneca Street and Bab- cock Street; thence northerly along the center line of Babcock Street to the intersection of the center lines of Title /.] REVISED CITY CHARTER. 11 Babcock Street and Clinton Street ; thence westerly along the center hne of Chnton Street to the intersection of the center lines of CUnton Street and Fillmore Avenue; thence southerly 'along the center line of Fillmore Ave- nue to the intersection of the center line of Fillmore Avenue and Eagle Street; thence westerly along the center hne of Eagle Street to the intersection of the center hnes of Main Street and Eagle Street, the place of beginning. Thus amended by L. 1905, c. 644. FOURTH W^ARD. Beginning at the intersection of the center lines of Babcock Street and Clinton Street; thence southerly along the center line of Babcock Street to the inter- section of the center lines of Babcock Street and Perry Street; thence westerly along the center line of Perry Street to the easterly boundaiy of the first ward ; thence southwesterly along said eastern boundary to the west- erly boundary of the state of New York; thence south- easterly along said westerly boundary to its intersection with the southerly boundary of the said city; thence easterly along the southerly boundary of said city and northerly along the easterly boundary of said city to its intersection with the center line of Clinton Street; thence westerly along the center line of Chnton Street to the intersection of the center lines of Clinton Street and Babcock Street, the place of beginning. Thus amended by L. 1905, c. 644. FIFTH WARD. Beginning at the intersection of the center lines of Main Street and Goodell Street; thence southerly along the center line of Mian Street to the intersection of the center hnes of Main Street and Eagle Street; thence easterly along the center line of Eagle Street to the 12 REVISKD riTV fHARTER. [Title I. intersection of the center lines of Eagle Street and Pine Street; thence northerly along the center line of Pine Street to the intersection of the center line of Pine Street and William Street; thence easterly along the center line of William Street to the intersection of the center lines of William Street and Bennett Street; thence north- M-esterly along the center lines of Bennett Street and Ash Street to the intersection of the center lines of Genesee Street and Ash Street; thence westerly along the center line of Genesee Street to the intersection of the center lines of Genesee Street and Michigan Street; thence northerly along the center line of Michigan Street to the intersection of the center lines of Michigan Street and Goodell Street; thence westerly along the center line of Goodell Street to the intersection of the center hnes of Main Street and Goodell Street, the place of beginning. Thus amended by L. 1905, e. 644. SIXTH WARD. Beginning at the intersection of the center lines of Broadway and Bennett Street; thence southeasterly along the center line of Bennett Street to the intersection of the center lines of Bennett Street and William Street; thence westerly along the center line of William Street to the intersection of the center lines of William Street and Pine Street; thence southerly along the center line of Pine Street to the intersection of the center lines of Pine Street and Eagle Street; thence easterly along the center line of Eagle Street to the intersection of the center lines of Eagle Street and Madison Street; thence northerly along the center line of Madison Street to the intersection of the center lines of Madison Street and Broadway; thence westerly along the center line of Broadway to the intersection of the center lines of Ben- nett Street and Broadway, the place of beginning. Thus amended by L. 1905, c. 644. Title I.] REVISED CITY CHARTER. 13 SEVENTH WARD. Beginning at the intersection of the center hnes of Madison Street and Broadway; thence southerly along the center line of Madison Street to the intersection of the center Ines of Madison Street and Eagle Street; thence easterly along the center line of Eagle Street to the intersection of the center lines of Eagle Street and Smith Street; thence northerly along the center line of Smith Street to the intersection of the center lines of Smith Street and Broadway; thence westerly along the center line of Broadway to the intersection of the center lines of Broadway and Madison Street, the place of be- ginning. Thus amended by L. 1905. c. 644 EIGHTH WARD. Beginning at the intersection of the center hnes of Broadway and Smith Street ; thence southerly along the center line of Smith Street to the intersection of the center lines of Smith Street and Eagle Street; thence easterly along the center line of Eagle Street to the inter- section of the center lines of Eagle Street and Fillmore Avenue; thence northerly along the center line of Fill- more Avenue to the intersection of the center hnes of Fillmore Avenue and William Street; thence easterly along the center line of William Street to the mtersection of the center hne of William Street and the center of a hne which would be formed by the extension of Milbum Street to William Street; thence northerly along the center of said line and the center line of Milbum Street to the intersection of the center lines of Milburn Street and Broadway; thence westerly along the center Hne of Broadway to the New York Central belt line track (as now located); thence northerly along said belt line track to the center of a line formed by the extension of Stanislaus Street eastward to said belt line track; thence westerly along the center of said line and the center line 14 RKVISKD CITY CITAHTKR. [Title I . of Stanislaus Street to the intersection of the center hnes of Stanislaus Street and Beck Street; thence southerly along the center line of Beck Street to the intersection of the center lines of Beck Street and Broadway; thence westerly along the center line of liroadway to the inter- section of the center lines of Broadway and Smith Street, the plac(^ of beginning. Thus amended by L, 1905, c. 644. NINTH WARD. Beginning at the intersection of the center lines of Broadway and Milburn Street; thence southerly along the center line of Milburn Street and the center of a line which would be formed by the extension of Milburn Street to William Street to the intersection of the center of said line with the center line of William Street; thence westerly along the center line of William Street to the intersection of the center lines of William Street and Fillmore Avenue; thence southerly along the center line of Fillmore Avenue to the intersection of the center lines of Fillmore Avenue and Chnton Street; thence easterly along the center line of Clinton Street to the easterly boundary of the said city; thence northerly along the easterly boundary of said city to the intersection of said easterly boundary and the center line of Broadway; thence westerly along the center line of Broadway to the intersection of the center lines of Broadway and Milburn Street, the place of beginning. Thus amended by L. 1905, c. 644. TENTH WARD. Beginning at the intersection of the center lines of Genesee Street and Ash Street; thence southeasterly along the center line of Ash Street to the intersection of the center lines of Ash Street and Broadway; thence easterly along the center line of Broadway to the inter- Title I.] REVISED CITY CHARTER. 15 section of the center lines of Broadway and Sherman Street; thence northerly, along the center line of Sherman Street to the intersection of the center lines of Sherman Street and Genesee Street; thence southwesterly along the center line of Genesee Street to the intersection of the center lines of Genesee Street and Ash Street, the place of beginning. Thus amended by L. 1905, c. 644. ELEVENTH WARD. Beginning at the intersection of the center lines of Genesee Street and Sherman Street; thence southerly along the center line of Sherman Street to the intersection of the center lines of Sherman Street and Broadway; thence easterly along the center hne of Broadway to the intersection of the center lines of Broadway and Beck Street; thence northerly along the center line of Beck Street to the intersection of the center hues of Beck Street and Stanislaus Street ; thence easterly along the center Hne of Stanislaus Street and the center of a hne formed by the extension of Stanislaus to the New York Central belt line tracks; thence northerly along the said New York Central belt hne tracks to the center hne of Walden Avenue; thence westerly along the center line of Walden Avenue and Best Street to the intersection of the center lines of Best Street and Herman Street; thence southerly along the center line of Herman Street to the intersection of the center lines of Herman Street and Genesee Street; thence southwesterly along the center line of Genesee Street to the intersection of the center hues of Genesee Street and Sherman Street, the place of beginning. Thus amended by L. 1905, c. 644. TWELFTH WARD. Beguming at the intersection of the center lines of Delavan Avenue and Grider Street; thence southerly 10 REVISED CITY CHARTER. [Title I. along the center line of Grider Street to the intersection of the center lines of Grider Street and Feriy Street; thence westerly along the center line of Ferry Street to the New York Central belt line tracks as now located; thence southerly along the New York Central belt line tracks to the center line of Broadway; thence easterly along the center 1 ne of Broadway to the easterly bound- ary of the said city; thence northerly along the easterly boundary of said city to the center line of Delavan Ave- nue; thence westerly along the center line of Delavan Avenue to the intersection of the center lines of Delavan Avenue and Grider Street, the place of beginning. Thus amended by L. 1905, c. 644. THIRTEENTH WARD. Beginning at the intersection of the center lines of Main Street and North Street; thence southerly along the center line of Main Street to the intersection of the center lines of Main Street and Goodell Street; thence easterly along the center line of Goodell Street to the intersection of the center lines of Goodell Street and Michigan Street; thence southerly along the center line of Michigan Street to the intersection of the center lines of Genesee Street and Michigan Street; thence north- easterly along the center line of Genesee Street to the intersection of the center lines of Genesee Street and Hickoiy Street; thence northwesterly along the center line of Hickor}^ Street to the intersection of the center lines of Hickoiy Street and Cherry Street; thence north- easterly along the center hne of Cherry Street to the intersection of the center lines of Cherry Street and Locust Street; thence northerly along the center line of Locust Street to the intersection of the center lines of Locust Street and North Street; thence westerly along the center line of North Street to the intersection of the center lines of Main Street and North Street, the place of beginning. Thus amended by L. 1905, c. 644. Title /.] REVISED CITY CHARTER. 17 FOURTEENTH WA.RD. Beginning at the intersection of the center Hnes of North Street and Locust Street ; thence southerly along the center line of Locust Street to the intersection of the center lines of Locust Street and Cherry Street; thence southwesterly along the center line of Cheriy Street to the intersection of the center lines of Cherry Street and Hickory Street; thence southerly along the center line of Hickoiy Street to the intersection of the center lines of Genesee Street and Hickory Street; thence north- easterly along the center hue of Genesee Street to the intersection of the center lines of Herman Street and Genesee Street; thence northerly along the center hne of Herman Street to the intersection of the center lines of Herman Street and Best Street ; thence westerly along the center line of Best Street to the intersection of the center lines of Best Street and Jefferson Street; thence southerly along the center line of Jefferson Street to the intersection of the center lines of Jefferson Street and North Street; thence westerly along the center hne of North Street to the intersection of the center hnes of North Street and Locust Street, the place of beginning. Thus amended by L. 1905, c. 644. FIFTEENTH WARD. Beginning at the intersection of the center lines of Main Street and Delavan Avenue; thence southwesterly and southerly along the center line of Main Street to the intersection of the center lines of Main Street and North Street; thence easterly along the center line of North Street to the intersection of the center lines of North Street and Jefferson Street; thence northerly along the center line of Jefferson Street to the intersection of the center hnes of Jefferson Street and Delavan Avenue; thence westerly along the center line of Delavan Avenue to the intersection of the center lines of Main Street and Delavan Avenue, the place of beginning. Thus amended by L. 1905, c. 644. IS REVISED CITY CHARTER. [Title I. SIXTEENTH WARD , Beginning at the intersection of the center hues of Dehivan Avenue and JefTcrson Street; thence southerly along the center line of Jefferson Street to the intersection of the center lines of Jefferson Street and Best Street; thence easterly along the center lines of Best Street and Walden Avenue to the New York Central belt line tracks as now located; thence northerly along the said belt line tracks to the center line of Ferry Street; thence easterly along the center line of Ferry Street to the intersection of the center lines of Ferry Street and Grider Street; thence northerly along the center line of Grider Street to the intersection of the center lines of Grider Street and Delavan Avenue; thence westerly along the center line of Delavan Avenue to the intersection of the center lines of Delavan Avenue and Jefferson Street, the place of beginning. Thus amended by L. 1905, c. 644. SEVENTEENTH WARD. Beginning at the intersection of the center lines of Main Street and Delavan Avenue; thence easterly along the center line of Delavan Avenue to the easterly boundary of the city; thence northerly along the easterly boundary of the city to the northerly boundary of the city ; thence westerly along the northerly boundary of the city to the easterly boundary of the city; thence northerly along the easterly boundaiy of the city to the northerly bound- ary of the city; thence westerly along the northerly boundary of the city to the center line of Delaware Ave- nue; thence southerly along the center line of Delaw^are Avenue to the center of Scajaquada Creek; thence along the center of Scajaquada Creek to the center line of Main Street; thence along the center line of Main Street to the intersection of the center linos of Main Street and Delavan Avenue, the place of beginning. Thus ainonded by L. 1905, c. 644. Title I.] REVISED CITY CHARTER. 19 EIGHTEENTH WARD. Beginning at the intersection of the northerly bound- ary of the city and the center hne of Delaware Avenue; thence southerly along the center line of Delaware Ave- nue to the center line of Scajaquada Creek; thence west- erly along the center line of Scajaquada Creek to the westerly boundary of the state of New York, excluding any portion of Squaw Island; thence northerly along the westerly boundaiy of the state of New York to the intersection of said westerly boundary and the north- westerly boundary of the city; thence northeasterly, southeasterly and easterly along the northerly boundary of the city to the intersection of the northerly boundary of the city and the center line of Delaware Avenue, the place of beginning. Thus amended by L. 1905, c. 644, and L. 1906, c. 313. NINETEENTH WARD, Beginning at the intersection of the center lines of Main Street and Scajaquada Creek; thence westerly along the center Une of Scajaquada Creek to the westerly boundary of the state of New York, including Squaw Island; thence southerly along the westerly boundary of the state of New York to a point on the center line of Delavan Avenue extended; thence easterly on the center line of Delavan Avenue extended and the center line of Delavan Avenue to the intersection of the center lines of Delavan Avenue and Main Street; thence northeast- erly along the center line of Main Street to the inter- section of the center Unes of Main Street and Scajaquada Creek, the place of beginning. Thus amended by L. 1905, c. 644, and L. 1906, c. 313. TWENTIETH WARD. Beginning at the intersection of the center lines of Main Street and Delavan Avenue; thence southwesterly 20 REVISED CITY CHARTER. [Title I. along the center line of Main Street to the intersection of the center lines of Main Street and Feriy Street; thence westerly along the center line of Ferry Street to the intersection of the center lines of Ferry Street and Hampshire Street; thence southwesterly along the center line of Hampshire Street to the intersection of the center lines of Hampshire Street and Albany Street; thence westerly on the center line of Albany Street and the center line of Albany Street extended to the westerly boundaiy of the state of New York; thence northerly along the westerly bomidaiy of the state of New York to a point on the center line of Delavan Avenue ex- tended; thence easterly on the center line of Delavan Avenue extended, and the center line of Delavan Ave- nue to the intersection of the center lines of Delavan Avenue and Main Street, the place of beginning. Thus amended by L. 1905, c. 644, and L. 1906, c. 313. TWENTY-FIRST WARD. Beginning at the intersection of the center lines of Main Street and Ferry Street; thence southerly along the center line of Main Street to the intersection of the center lines of Main Street and North Street; thence westerly along the center line of North Street to the intersection of the center line of Richmond Avenue; thence northerly along the center line of Richmond Avenue to the intersection of the center lines of Rich- mond Avenue and Connecticut Street; thence south- westerly along the center line of Connecticut Street to the intersection of the center lines of Connecticut Street and Fifteenth Street; thence northwesterly along the center line of Fifteenth Street to the intersection of the center lines of Fifteenth Street and Hampshire Street; thence northeasterly along the center liiu; of Hampshire Street to the intersection of the center lines of Hamp- shire Street and Feriy Street; thence easterly along the center line o'f Ferry Street to tlic intersection of the 2'itle I.] REVISED CITY OHARTEK. 21 center lines of Main Street and Ferry Street, the place of beginning. Thus amended by L. 1905, c. 644, and L. 1906, c. 313. * TWENTY-SECOND WARD. Beginning at the intersection of the center lines of Connecticut Street and Richmond x\ venue ; thence south- erly along the center line of Richmond Avenue to the intersection of the center hues of Richmond Avenue and York Street ; thence southwesterly along the center lines of York Street and Porter Avenue to a point in the westerly boundary of the state of New York on the center line of Porter Avenue extended ; thence northerly along the westerly boundary of the state of New York to a point on the center line of All)any Street extended ; thence easterly on the center line of Albany Street ex- tended, and the center line of Albany Street to the inter- section of the center hues of Albany Street and Hamp- shire Street; thence northeasterly along the center line of Hampshire Street to the intersection of the center hues of Hampshire Street and Fifteenth Street; thence southeasterly along the center hne of Fifteenth Street to the intersection of the center lines of Fifteenth Street and Connecticut Street; thence northeasterly along the center line of Connecticut Street to the intersection of the center lines of Connecticut Street and Richmond Avenue, the place of beginning. Thus amended by L. 1905, c. 644, ami L. 1906, c. 313. TWENTY-THIRD WARD Beginning at the intersection of the center Unes of Main Street and North Street; thence southerly along the center line of Main Street to the intersection of the center lines of Main Street and Tupper Street; thence westerly and northwesterly along the center lines of Tupper Street, Twelfth Street, Maryland Street, Cottage 22 UKXISED CITY CHARTKR. [Titlc I. Street, Hudson Street and Plymouth Avenue to the interstiction of the center lines of Plymouth Avenue and York Street; thence northeasterly along the center line of York Street to the intersection of the center lines of York Street an'd Richmond Avenue; thence southerly along the center line of Richmond Avenue to the inter- section of the center line of North Street; thence easterly along the center line of North Street to the in ersection of the center lines of Main Street and North Street, the place of beginning. Thus amended by L. 1905, c. 644; L. 1906, c. 313 and L. 1907, c. 284. TWENTY-FOURTH WAKD. Beginning at the intersection of the center lines of Main Street and Tupper Street; thence southerly along the center line of Main Street to the intersection of the center lines of Main Street and Niagara Street; thence northwesterly along the center lines of Niagara Street, Mohawk Street, Wilkeson Street and Seventh Street to the intersection of the center lines of Seventh Street and Porter Avenue; thence northeasterly along the center lines of Porter Avenue and York Street to the inter- section of the center hnes of York Street and Plymouth Avenue; thence easterly and southeasterly along the center lines of Plymouth Avenue, Hudson Street, Cottage Street, Maryland Street, Twelfth Street, and Tupper Street to the intersection of the center lines of Main Street and Tupper Street, the place of beginning. Thus amended by L. 1905, c. 644; L. 1906, c. 313 and L. 1907, c. 284. TWEKTY-FIFTH wakd. Beginning at the intersection of the center lines of Main Street and Niagara Street; thence southerly along the center line of Main Street to the center line of Buffalo Title II.] REVISED CITY CHARTER. 23 River; thence along the center hne of Buffalo River to Lake Erie to a point in the westerly boundary of the state of New York opposite the mouth of Buffalo River; thence northwesterly along the westerly boundary of the state of New York to a point on the center line of Porter Avenue extended; thence northeasterly on the center line of Porter Avenue extended and the center line of Porter Avenue to the intersection of the center lines of Porter Avenue and Seventh Street ; thence south- easterly along the center lines of Seventh Street, Wilke- son Street, Mohawk Street, and Niagara Street to the intersection of the center lines of Main Street and Niagara Street, the place of beginning. Thus amended by L. 1905, c. 644, and L. 1906, c. 313. TITLE II. THE LEGISLATIVE DEPARTMENT. Chapter I. § 4. The legislative power of the city shall be vested in a Common Council, which shall consist of a Board of Councilmen and a Board of Aldermen. § 5. No action of the Common Council shall be of force unless it shall have originated in the Board of Alder- men, and shall have been approved by the Board of Coun- cilmen ; but the Board of Councilmen may amend any measure transmitted to it and return the same to the Board of Aldermen for further consideration ; if the Board of Aldermen agree to such amendment, its action as amended, shall be the action of the Common Council; if it shall not agree thereto, and shall further amend, it may return the measure as finally passed by it to the Board of Councilmen for its further consideration. Whenever by law, the giving of notice, reference to any Committee or any officer or person, or other act is made a prerequisite 24 RKVISED CITY CHARTER. [Title II. to action by the Common Council, it shall be necessary for such notice to be given, reference to be made or other act to be done, by the Board of Aldermen only, unless herein otherwise specifically provided. § G. The Board of Councilmen shall consist of nine members, who shall be elected by the electors of the city. Councilmen hereafter elected shall hold office for four years, except as hereinafter provided. Three Coun- cilmen shall be elected at the municipal election held in the year eighteen hundred and ninety-five. Six Council- men shall be elected at the municipal election in the year eighteen hundred and ninety-seven, and they shall meet before the end of that year, at a time and place to be designated by the Mayor, and determine by lot, two of their number to hold office for two years, and shall certify in writing to the City Clerk their determination. The term of office of the Councilmen elected in the year eighteen hundred and ninety-seven and so certified shall be two years, and of the others shall be four years. At the annual election held in each odd-numbered year thereafter there shall be elected alternately five and four Councilmen, respectively, for the term of four years. Thus amended by L. 1895, c. 805, Sec. 1. Before 1895, tliree Councilmen were elected every year to serve three years. § 7. The Board of Aldermen shall consist of twenty- five members, one elected by the electors of each ward. They shall hold office for the term of two years, except as provided in section three hundred and sixty-nine of this act as amended. At the municipal election held in each odd-numbered year an Alderman shall be elected in each ward, except in the year eighteen hundred and ninety-five, when Aldermen shall be elected only in the wards in which Aldermen were not elected at the general election held in the year eighteen hundred and ninety- four. Aldermen shall be residents of the wards in which Title 11. ] REVISED CITY CHARTER. 25 they are elected, respectively, and removal from such wards shall make the office vacant. Thus amended by L. 1895, c. 805, Sec. 2. Before 1895, Aldermen were elected annually. § 8. A majority of all the Aldermen elected shall con- stitute a quorum of the Board of Aldermen, and six Coan- cilmen shall constitue a quorum of the Board of Council- men, but less than a quorum of each board may adjourn from time to time and compel the attendance of absent members. Whenever a unanimous or other specified vote of the Common Council is required, such vote shall be required in each board. The boards composing the Common Council shall meet on the first Monday of Jan- uary in each year at ten o'clock in the forenoon, and as soon thereafter as practicable each board shall elect by ballot one of its members as its president to preside over its meetings for one year; and for the purpose of such election the City Clerk, or his deputy, shall act as pre- siding officer of each board. The Common Council shall meet on the same day in each year at two o'clock in the afternoon, and as soon thereafter as practicable such Common Council shall elect by ballot one of its members as its president to preside over its meetings for one year, and for the purpose of such election the City Clerk, or his deputy, shall act as presiding officer of such Common Council. In the absence of its president, each board may choose a temporary president. Nothing herein con- tained shall be construed to nullify the action of the Common Council in selecting a president thereof in the month of January, eighteen hundred and ninety-three; but said election or designation is hereby ratified, legal- ized, and confirmed. Thus amended by L. 1893, c. 345, Sec. 1. This law added the sentence providing for a meeting of the Common Council, and the last sentence. § 9. Each board composing the Common Council shall fix the time for its stated meetings, and may adjourn 26 REVISED CITY CHARTER. [Title II. from time to time. The Mayor, or. if he be absent from the city or unable to act, the City Clerk, on the Avritten request of four Aldermen and two Councihiien, may call special meetings of the Common Council, and the Mayor may call special meetings of either board. Each board may provide by iTile for additional modes of calling its special meetings. Notice of special meetings of the Com- mon Council shall be given by delivering personally to each Alderman and Councilman, or leaving at his resi- dence, at least six hours before such meeting, a written notice thereof, signed by the ])erson calling the same. Notice of special meetings of either board shall be given in the same manner, but to the members only of the board which is to meet. § 10. Each board shall be the judge of the qualifica- tions of its members, and shall determine the rules of its own proceedings; but all votes in the Board of Council- men, where there is a dissenting vote, ajid all votes where more than a majority is required, in the Board of Alder- men, shall be taken by ayes and nays, w^hich shall be entered on the journal. Each board shall keep a journal of its proceedings, and publish the same, except that such parts of the proceedings of the Board of Councilmen as merely affirms or concurs in the proceedings of the Board of Aldermen need not be published. The sitt ngs of each board shall be public. Each board may appoint a sergeant-at-arms and such doorkeepers and messengers as it may find necessary. § 11. The Common Council shall provide the different departments with suitable rooms and accommodations, where they are not othenvise provided for. § 12. The Common Council shall designate the banks in which the Treasurer shall deposit the money of the city, and require from each bank security for the pay- ment thereof. The cashier of each of said banks shall, on Monday of each week, report in writing to the Comp- Title II.] REVISED CITY CHARTER. 27 troller, the amount on deposit to the credit of the Treas- urer at the closing of the bank on the Saturday preceding. It shall be lawful for the city to borrow money tempo- rarily, from time to time, as occasion requires, in antici- pation of the collection of taxes and resources, from the bank depositories so designated, upon checks signed by the Treasurer and countersigned by the Comptroller, in such amounts and at such rates of interest as shall be agreed upon in the annual contracts between the city and said depositories or any supplemental contracts duly made and entered into between such parties. Said depositories are hereby authorized to loan such moneys according to such agreements. ' Thus amended by I. . 1907, c . 106 . This law added the last two sentences, giving the power to borrow money for short periods at banks. § 13. The Common Council may, by a vote of two- thirds of the members of each board, authorize the Mayor to offer a reward for the apprehension of the perpetrator of crime committed within the city, or an offender against an ordinance, to be paid upon the conv ction of such per on. § 14. The Common Council may authorize the Comp- troller to open an account upon the books of his office, to be called the local redemption fund. The Comp- troller shall, from time to time, transfer to such fund all the balances to the credit of local assessments levied on account of any local improvements ordered more than six years previous thereto, and may draw orders on such local redemption fund for the payment of any outstand- ing w^arrants drawn against assessments so transferred, upon the surrender and concellation of such outstanding warrants, or in case of loss or destruction thereof, upon filing a bond of indemnity to the city therefor. It may also empower the Comptroller to close specified accounts on his books by charging the same to the profit and loss account. Such authority shall be given only upon his 28 REVISKD flTY CHAHTKK. [Title I J. written request, specifying the account and the reason for such action. It may authorize an issue of bonds to an amount not exceeding one miUion five hundred thou- sand dollars, for the purpose of raising money to take up and pay all outstanding warrants heretofore issued in payment of any local work or improvement. Such bonds shall be payable at such time or times as the Common Council may prescribe, and shall bear interest not to exceed four per centum per annum. All moneys realized on account of local assessments or from sales for non- payment of the same, or from redemption or assignment of certificates of sales therefor, and all additions to and interest upon local assessments shall be paid into said local redemption fund, and such moneys when so realized shall be used and are hereby pledged for the payment of any bonds of the city issued for the purpose of re- , deeming warrants and of raising money to pay for any local work or improvement for the payment of which such bonds were issued. Thus amended by L. 1902, c. 231, Sec. 1. This law struck out a provision that " all premiums realized upon the sale of bonds of the city" sliould also be paid into this fund, and made them a resource of the general fund. See Sec. 68, below. § 15. The Common Council shall audit all claims against the city. Unliquidated claims shall be filed with the City Clerk, and shall be made out in detail, specify- ing, if for labor or services, the time when, the place where, by whom and under whose direction, and by what authority performed; if for merchandise, material, or other articles furnished, the items thereof, by whom ordered, and when and to whom delivered, and shall be certified to be correct by the head of the department for which the work was done or materials furnished; and if for damages, for wrong or injuiy, when, where, and how occasioned, and shall be accompanied by an affidavit that the claim and the items and specifications thereof Title //.] REVISED CITY CHARTER. 29 are in all respects just and correct, and that no payments have been made, and that no set-off exists except those stated. § 16, No action or proceeding to recover or enforce any claim against the city shall be brought until the ex- piration of forty days after the claim shall have been filed with the City Clerk for presentation to the Common Council for audit, in the manner and form aforesaid, and no action shall be mamtained against the city for per- sonal injury, unless notice of intention to commence such action shall have been filed with the Corporation Counsel within six months after such cause of action shall have accrued. Before the Common Council shall audit any claim other than for personal injuries or injuries to prop- erty the Board of Aldermen shall refer it to the auditor. If the claim be not made out and verified as above re- quired the Board of Aldermen may, within thirty days, after its presentation, refuse on that ground to audit it. All actions brought against the city to recover damages for personal injuries caused by neghgence must be com- menced within one year from the time of receiving the injuries. § 17. The Common Council shall, from time to time, enact ordinances: (1.) To fix the number of and the salaiy or compen- sation to be paid to the several officers and employees of the city not otheiwise herein fixed or provided for, and the times when the same shall be paid. Such salary or compensation shall be fixed in the case of elective officers before their election and in case of appointed officers be- fore their appointment. No change shall be made in the salary or compensation of any officer or employee during his term of service, and no extra compensation shall be granted to any such officer or employee or to any con- tractor. 30 i{i;\ isKD CITY CHARTKR. [Title II. (2.) To prescribe the duties of all officers or persons elected or appointed under this act, not herein prescribed. (3.) To define and prevent disorderly conduct; to prevent all disorderly assemblages, all disturbing noise, all dmnkenness in jniblic places; and to punish vagrants, beggars, annd disorderly persons as defined by law. (4.) To preserve and protect the harbors, canals, basins, and other waters of the city; to prevent all en- croachments, obstructions, and deposits in them; to pro- hibit or regulate bathing or swimming in any waters in the city; to prevent any steam vessel, while navigating waters within the city, from using wood for fuel; to regulate and prescribe the mode and speed of vessels, boats, and floats in entering and leaving them, and in coming to, laying at, or departing from the wharves and piers, and the disposition of the sails, yards, anchors, and appurtenances; and to empower the harbor master to prescribe and regulate the location therein of all vessels, boats, or floats, and to compel them to change their location. (5.) To prescribe general regulations for the erection of all buildings in the city; to define the limits within which wooden buildings shall not be erected, placed, or rebuilt, and the manner in, and the materials of which all buildhigs shall be constructed within such limits; also to define outer limits in which wooden buildings may be constructed, placed, or rebuilt, under such regula- tions as may be imposed by ordinance, special permission from the Common Council being required therefor; every building erected or placed contrary to any ordinance passed under the above provisions shall be deemed a common nuisance, and may be abated as such. An api)lication for special permission to erect, place, or rebuild any building withhi the outer limits contraiy to such ordinances shall, before being acted upon, be prop- erly referred by the Board of Aldermen, and a resolu- tion granting such permission can only be passed at a Title II.] REVISED CITY CHARTER. 31 regular meeting, held subsequent to such reference, and by the unanimous vote of the members of the Common Council present. To prevent all unsafe construction or condition of chimneys, flues, stoves, pipes, and other things used for fire or conducting smoke; to compel the cleaning of them, and to regulate their construction and condition; to prevent the deposit of ashes in unsafe places and receptacles; to regulate the use of lights in buildings in which combustible articles may be deposited; to regu- late the carrying on of manufactories liable to cause fires, and to regulate and prevent the use of fireworks and firearms in the city; to prevent bonfires in the streets and public grounds; to compel the owners and occupants of buildings to have scuttles in the roofs, and stairs and ladders leading to the same, and to require fire-escapes to be placed upon buildings when, and as directed by the Department of Fire; to punish the willful making of a false alarm of fire, or m illfully calling a poHce patrol wagon without cause; and to prohibit the formation of fire, hose, or hook and ladder companies. (6.) To license and regulate cartmen, porters, owners and drivers of all vehicles used for the transportation of passengers or property for hire, and to fix the rates of compensation to be taken by them; to Hcense and regu- late plumbers, auctioneers, butchers, hawkers, peddlers, junk dealers, pawnbrokers and the business of pawn- brokerrge, and to fix the rates to be charged by pawn- brokers in their business; to regulate the running at large of dogs, and to hcense the same; to prohibit, hcense or regulate pubhc billiard rooms, bov ling alleys, runners or solicitors for houses of entertainment, railroads, vessels and vehicles, and the exhibition of shows of every kind, and of theatrical representations; to prescribe the terms and conditions on which hcenses shall be granted; to impose and levy a tax upon the owner or owners of hackney carriages, sleighs, cabs, coupes, private carriages, barouches, buggies, wagons, omnibuses, carts, drays, 32 REVISED CITY CHARTER. [I'itlc II. baggage wagons, automobiles, motor vehicles, bicycles, tricycles and similar vehicles, or any other vehicle, the privilege of operating, driving or propehng the same along or upon the public streets, avenues, highways, and other public places in the city of Buffalo; to fix the amount of such tax and to prohibit the use of the public streets, highways, avenues or other jxiblic places of the city by the owner or owners, or driver or driv(;rs, of any such vehicle in the event of any tax so imposed not being paid, and to fix and provide such penalty or penalties as it shall deem proper for a violation of any such ordi- nances. Thus amended by L. 1904, c. 31. The power to tax carriages and all that follows were added by this amendment. (7.) To prohibit or regulate the use of locomotive engines, and of steam, and to regulate other motive power and speed on any ])ortion of any railroad within the city; to require any railroad company to keep a flag- man or gates at each railroad crossing of a public street, to provide for the inspection of steam engines and boilers used in the city, and to prohibit the use of unsafe ones, and to prohibit any person who has not been duly li- censed under such regulations as the Common Council may prescribe, from running any steam engine, station- ary or othenvise, in the city, except the engineers of duly incorporated steam railroads (^A•hile engaged in operating or running the locomotive engines of said railroads) and engineers duly licensed by the authorities of the United States (while engaged in operating or running engines ui)on the waters under the jurisdiction of the United States or of the State of New York) ; to classify such engi- neers and to provide for the appointment by the Mayor of such inspector, examiners and employes as may be required to cany out such ordinance. (A marine engi- neer holding a United States license shall, on presenting such United States license to an examiner of the city of Buffalo, appointed pursuant to the provisions of this Title II.] REVISED CITY CHARTER. 33 section, be given an examination, and if found qualified shall be given a stationary engineer's license of the same relative grade as the United States license that the appli- cant holds, or of a grade sufficiently high to allow him to operate the plant that he was operating at the same time that this act goes into effect, provided, however, that such marine engineer shall be a resident of the city of Buffalo for a period of three years before making such application, and a citizen of the United States. Such examination to be held in writing, and if any engineer so examined shall be dissatisfied with the decision of the said examiner he shall have the right to appeal to the Mayor; and the Mayor shall appoint a board of three disinterested engineers, which may be composed of two chief engineers in active service and a mechanical engi- neer of this city to hear and determine said appeal ; and in case the person appealing be a marine engineer, one member of the board shall be a man holding a license as a chief engineer of steam vessels, issued by the United States, operating a steam plant in the city of Buffalo) ; to prohibit or regulate the keeping and conveying of gunpowder and other explosive substances, and other dangerous fluid or material, and to provide for the in- spection, forfeiture and destruction of the same; to require that the telegraph, telephone, or electric light wires or cables, or other apphances for conducting elec- tricity and the poles thereof heretofore erected m any street, alley or public ground, be removed from overhead in the street, alley or public ground or any part thereof within reasonable time, not less than six months after the enactment of such ordinance and a comphance of such ordinance in respect to the removal of poles, wires, cables, and other appliances of conducting electricity from the streets, alleys, and public grounds, may be enforced by mandamus by any court of competent juris- diction upon the apphcation of the city as relator. Any company, corporation or individual may place its wires and electrical conductors in conduits under the surface 34 REVISED CITY ( IIAUTKK. [Title II. of the streets, alleys or j)ul)lic grounds in such manner as to not unnecessarily interfere with the use of such streets, or alleys or pu])lic grounds for local improve- ments of any character, or with the sewers, or water or gas mains, or branches thereof, subject, however, to such regulations and restrictions as the Common Council may by ordinance make or impose in respect thereto; for the benefit of the public, the city or its citizens, provided, however, that nothing herein contained shall be con- strued as authorizing the Common Council to require that any particular patent or appliance shall be used in the construction of the conduits hereinbefore provided for. And any company, corporation or individual so placing its wires under ground in any street, alley or public ground of said city shall, upon notice from the city or any of its departments, that a local improvement or sewer or water main, or branch thereof, is to be con- stiTicted in such a manner as will necessitate the moving or altering of the conduit or conduits of said individual, company or corporation, move or alter the same at its own expense so as to permit the construction of the im- provement where ordered, and should any person, com- pauy or corporation omit to comply with such notice, the conduit or conduits may be altered or moved by the city and the cost and expense thereof recovered from such individual, company or corporation. To regulate the erection of telegraph, electric light or telephone poles, wires and cables, and other electrical conductors, and to require that such wires, cables or other electrical con- ductors be placed under ground, subject to such restric- tions and i-cgulations as it may make by general ordi- nance. But nothing in this section contained shall affect any grant or consent heretofore or hercifter made or given pursuant to general laws, as to any matter pro- vided for in and by such grant or consent. Any inspector appohited under the provisions of this subdivision shall be a practical boilermaker, and shall hold office for three years, unless sooner removed for cause. Title II.] REVISED CITY CHARTER. 35 Thus amended by L. 1899, c. 557. This amendment added the words in parentheses, which pro- vide that railroad engineers, and engineers holding a U. S. license, who had previously been wholly exempt from city regulations, should thereafter be exempt only " while engaged in operating or running the locomotive engines of said railroads," or "while en- gaged in operating or running engines upon the waters under the jurisdiction of the United States, or of the State of New York." The amendment also added the provision for examination of a marine engineer and appeal and review of the result thereof. (8.) To prevent and abate nuisances; to prohibit or regulate the blowing of steam whistles and the rmging of bells; to regulate or prohibit public pumps, wells, hy- drants and reservoirs, and the use of them; to prevent the waste of water; to require the use of water meters; to estabhsh and maintain pubhc baths; to establish and regulate pubhc markets; to locate, regulate and remove slaughterhouses, butchers' stalls, fish stands, hvery stables, tanneries, and unw^holesome or noisome build- ings or places, and to compel the cleaning of the same whenever necessary; to regulate the construction of pri- vate and public sewers, sinks and privies, and the sale of meats, fish, and vegetables; to prevent the sale for do- mestic use of ice frozen from dirty or impure water; to prevent the adulteration of any article used for food or drink, and provide for the inspection thereof; to locate and regulate dead-houses; to prescribe limits within which there shall be no burials or incinerations of the dead; to purchase and maintain burial grounds; to regu- late burials, incinerations, and funerals; to compel the keeping and return of bills of mortality, births, and marriages. (9.) To prevent the encroachment upon, projections over, injury to, or the incumbering of streets, alleys, wharves, and public grounds; to light, to clean, and o water them; to regulate the use of them, and to declare in what manner, and for what purpose they shall not be used; to prohibit the running at large of horses, cattle, swine, sheep, goats and geese, or the pasturing of them 36 HKNISED CITY CHAHTKR. [Title II. on the streets or jniblic grounds, and to authorize the distraining, impounding, and sale of them for the penalty and cost of proceedings; to direct and to regulate the planting and pruning of trees in the public grounds and streets, and to protect them from injury; to compel the owners of vacant lands to fence or inclose them; to com- pel and regulate the numbering of buildings, and the naming of streets and alleys; to prevent and punish fraud in sales by weight or measure. (10.) To require bonds or undertakings to be given by the officers of the city and their deputies, and to fix the amount thereof. (11.) And such other and further ordinances not in- consistent with the laws of the state, as shall be deemed expedient for the good government of the city, the pro- tection of its property, the preservation of peace and good order, the suppression of vice, the benefit of trade and commerce, the preservation of health, the prevention and extinguishment of fires, the exercise of its corporate powers, and the performance of its corporate duties. In case any power granted to the Common Council is also granted in whole or in part to any department or officer, such department or officer shall alone exercise such power to the extent to w-hich it is granted to such de- partment or officer. (12.) The ordinances in force at the time this act takes effect, not inconsistent herewith, shall remain in force until rescinded or modified bv the Common Council. Whenever the words ''Common Council" or "Council" are used in such ordinances, the same shall mean the Common Council created by this act. Except that the Common Council existing at the time of the passage of this act shall have the power to fix salaries as provided in subdivision one of this section. § 18. Everj' ordinance and resolution of the Common Council, except resolutions making or approving appoint- Title II.] REVISED CITY CHARTER. 37 ments to office or place, designating the official ])aper, canvassing votes, adopting or altering Comptroller's estimates under section seventy of this act, shall be pre- sented to the Mayor before it shall be of force. If he approves it, he shall sign it; but if not, he shall return it, with his objections, to the City Clerk, who shall lay the same before the Board of Aldermen at its next regular meeting thereafter. The Board of Aldermen shall enter the objections upon its journal, and proceed to reconsider the ordinance or resolution objected to. If, in the first instance, the ordinance or resolution required a majority vote to pass it, and if, upon such reconsideration, two- thirds of all the members elected to the Board of Alder- men shall agree to pass it, or if, in the first instance, it reqviired a two-thirds vote to pass it, and upon such re- consideration three-fourths of all the members elected to the Board of Aldermen shall agree to pass it, it shall be presented by the City Clerk to the Board of Council- men at its next meeting, with the objections of the Mayor, and a report of the action of the Board of Aldermen, The Board of Councilmen shall reconsider its action, and if upon such reconsideration the ordinance or reso- lution shall receive a two-thirds vote of all the members elected to such board, in case it originally required a majority vote, or if it shall receive a three-fourths vote of all the members elected to such board, if it originally required a two-thirds vote, such resolution shall be of force. If any ordinance or resolution is not returned by the Mayor disapproved within ten days after its presentation to him, it shall be of force. It shall be sufficient to present to the Mayor a transcript of all resolutions for the mere payment of money. The City Clerk shall make a certificate of the time when an ordi- nance or resolution, which the Mayor has neglected for ten days to approve or return, was presented to the Mayor, which certificate shall be entered upon the jour- nals of the Common Council, and shall be presumptive evidence of the facts therein stated. ■r*^y 35^517 38 REVISED CITY CHARTER. [Title II. § 19. Whenever the owner or occupant of any lands shall omit to do any act required by ordinance to be done by him in front of or upon such lands, the city may cause such act to be done, and, in addition to the fine, may re- cover by action, of such owner or occupant, the cost of doing the act, or may assess the same upon such lands. § 20. A fine for violating any ordinance enacted under the authority conferred by this act may be prescribed in the ordinance, not exceeding two hundred and fifty dol- lars. The ordinance may prescribe that the fine for its violation shall not be less nor more than a certain sum; in which case, the amount of penalty shall, within said bounds, be fixed by the court or officer before whom the matter shall be tried. A civil action may be maintained to recover a fine imposed by any ordinance enacted imder the authority conferred by this act. § 21. An ordinance, passed under subdivision three of section seventeen of this act, may provide that any per- son, upon conviction of a violation thereof, shall be fined or committed to the Erie County penitentiary for such time as the court or officer before whom such person was convicted shall fix, not exceeding six months; in case the person convicted of such violation is fined and does not immediately pay such fine, he may be committed to the Erie County penitentiary for the term of one day for each and eveiy dollar of said fine not paid. Such ordinance may authorize the arrest, by any person, without process of any one violating or attempting to violate such ordi- nance, in the presence of such person. § 22. All onliiuuices shall be published in the official paper daily for one "ueek. An ordinance imposing a penalty shall not take effect until ten days after its first publication in the official paper. § 23. Actions to recover fines incurred under this title or the ordinances enacted pursuant to it, shall be brought in the name of the city. In the complaint in such action Title II.] REVISED CITY CHARTER. 39 it shall be sufficient to allege, generally, that the defend- ant has violated the provisions of said title or ordinance, stating the provisions thereof of which a breach is claimed and the amount for which judgment is demanded. The defendant may deny that he is guilty and give in evidence any special matter under such denial. § 24. If the action be brought in the Municipal Court of Buffalo, the first process may be a warrant or sum- mons. If a summons, it may be returnable in not less than one nor more than six days, and shall be served at least one day before the time of appearance mentioned therein. § 25. Execution upon judgment for fine may issue immediately, and shall command the officer to whom it shall be directed and dehvered, if the judgment and his fees shall not be immediately paid, to take the body of the defendant and deliver him or her, with a copy of the execution, to the keeper of the Erie County penitentiary ; and said keeper shall confine such defendant in said peni- tentiary for the term of one day for each and every dollar unpaid upon said judgment, not exceeding six months, except in cases where judgment for a fine or penalty is recovered against a corporation, in which case an execu- tion against the property of such corporation may issue for the collection of the amount of such judgment and costs. § 26. When an ordinance provides that a person con- victed of breach of it may be sentenced to confinement in the penitentiary, the person charged with a violation of such ordinance shall be proceeded against in the way provided by law for proceeding against persons charged with the commission of a criminal offense. § 27. No liability for the breach of any bond or under- taking required by this act shall be released. Other liabilities to the city may be released by a resolution of the Common Council passed by a unanimous vote of all 40 REVISED CITY CHARTER. [Tillc II. the members elected to each board when approved by the Mayor; but fines and penalties incurred under this title or any ordinance may be released or remitted by a reso- lution of the Common Council passed by a vote of two- thirds of all the members elected to each board when approved by the Mayor. § 28. The Common Council, by a vote of two-thirds of all the members elected to each board, may permit the track of any steam railroad or railroad operated by any other motive power, and used for purposes other than the transportation of passengers only, to be laid in, along or across any street or public ground, except parks and park a])i)roaches. Nothing in this section shall prevent the Common Council, by a vote of two-thirds of "all the members elected to each board, from permitting the track of a street railroad used solely for the transportation of passengers within the city, to be laid in, along or across any street or public ground, except parks or park ap- proaches, subject to the provisions of any law then existing in relation thereto. Thus amended by L. 1895, c. 805, Sec. 3. Tliis ampiidmcnt struck out the following clause, which ap- peared at the end of the first sentence in the original charter: "but such ))crniiKsion shall not take effect until the just compensation, to which the city shall be legally entitled, shall have been agreed upon between the Common Council and the railroad company and paid, or shall have been ascertained and paid in the maimer pro- vided Ijy the laws of the state regulating the condemnation of land by railroad companies." § 29. The city shall have the exclusive power to establish ferries and tunnels within the city, and may license and regulate, or prohibit those now established therein. § 30. AMienever any building, fence or other structure of any kind, or any part thereof, is liable to fall down, and endanger persons or property, the Common Council may order the owner of the building, fence or structure, or the owner or occupant of the premises on which such building, fence or other structure stands, to take the Title II.] REVISED CITY CHARTER. 41 same down, or any part thereof, within such time as it may direct. In case the order be not comphed with, it may cause the removal to be made, and the expense to be assessed on the land on wliich the structure stood. § 31. The chairman of any committee of either of the boards composing the Common Council, shall have power to issue subpoenas for witnesses to appear, or to produce books and papers before the committee, to administer oaths to witnesses, and to examine them, and such books and papers. If any person duly subpoenaed as a witness should not appear, or, appearing, shall refuse to testify, or to produce such books and papers, the committee may report the failure of the witness to appear, or his refusal to testify, or to produce such books and papers to the board which appointed it. The said board may there- upon report such offending witness to any court of record or judge thereof, and said court or judge may make order as to the future appearance of the witness, or the production of such books and papers, and punish any failure to comply therewith as a contempt of court. § 32. This section, providing for division of wards into election districts and for appointment of inspectors of election, has been superseded by L. 1896, c. 909 (the Election Law) and L. 1904, c. 394 (creating the office of Commissioner of Elections in Eiie County). Chapter II. THE CITY CLERK. § 33. On the fii'st Monday of January, of each even numbered year, or as soon thereafter as practicable, the Common Coimcil shall by joint ballot in joint session of both boards, a quorum of each board being present, elect a City Clerk, who shall be the Clerk of the City, and the Clerk of the Common Council. He shall hold his 42 REVISED CITY CHARTER. [Title II. office until his successor shall be appointed and has qualified. Thus amended by L. 1899, c. 48. This anicndincnt substituted a biennial in place of an annual election of the City Clerk. § 34. He shall appoint, and may at pleasure remove, a deputy and such other subordinates as may be allowed him by ordhiance. § 35. He shall, under the direction of each board com- posing the Common Council, make up the journal of the proceedings of each board respectively, and shall pub- lish the same in the oflicial paper as provided in section ten of this act. He shall prepare and sign all warrants on the treasuiy, and keep an account of them in books kept for that sole purpose. He shall countersign all licenses issued by the Mayor, and keep in proper books full minutes thereof. No such license shall be vahd until countersigned by him. § 36. He shall receive, and pay over weekly to the Treasurer all moneys which by any law^ are paid to the Clerk of the city, and make a report thereof at the same time mider oath to the Comptroller. § 37. *Whenever a ward is, for any purpose, to be regarded as a town, the City Clerk shall be deemed to be the town clerk thereof. ♦Superseded by L. 1895, c. 369, Sec. 2, creating the office of Commissioner of Jurors in Erie County. See Sec. 137 below. § 38. He shall, as soon as practicable, notify in writing every officer of his election or appointment, and of the amount of his official bond or undertaking. § 39. All officers, before they enter upon their offices, shall sul^scribe and take the oath of office prescribed by the constitution, and file the same with the bond or undertaking required of them with the City Clerk, unless otherwise prescribed in this act. If any officer shall neg- lect for ten days after such notice to take and file with the City Clerk his oath of office, or his official bond or undertaking, the Common Council may declare the office vacant. Title III.] REVISED CITY CHARTER. 43 § 40. The City Clerk shall report all officers who shall neglect to file their oath of office, or bond or undertaking, as required by this act or by this ordinance, to the Board of Aldermen at its next meeting after such default. § 41. The City Clerk shall make and sign a record, in a book to be provided for that purpose, of eveiy ordi- nance enacted by the Common Council, and of the time of its first publication; and such record, or a copy there- of, authenticated by the Mayor, under the seal of the city, shall be presumptive evidence of the due passage of such ordinance, of the due pubhcation thereof, and of the time of the first pubhcation. Printed books of the ordinances, pubhshed, or purporting to have been pub- lished, by the order of the Common Council, shall be presumptive evidence of such ordinances; and that they • have been regularly enacted and published, as required by this act, prior to the printing of them in such book. § 42. The City Clerk shall keep the records of all streets and alleys now or hereafter established in the city. The copies of the records of certain streets, roads and highways of the city, which were formerly in the town of Buffalo, and which have been entered in a book of record of said city, and verified by the oath of Henry Lovejoy, surveyor, shall have the same force in evidence as the original. A certified copy of any record of any street or alley shall be presumptive evidence of the existence of the street or alley. TITLE III. The Executive Department. Chapter I. THE city officers. § 43. The executive and administrative powers of the city shall be vested in the Mayor, the heads of depart- 44 REVISED CITY CHAKTEK. ' [Titlc III. ments hereinafter named, and such other officers as shall, from time to time, be created by law or elected or ap- pointed by virtue of this act, § 44. There shall be the following departments: (1.) Department of Finance. (2.) Department of Assessment. (3.) Department of Law. (4.) Department of Police (and excise*). (5.) Department of Health. (6.) Department of Fire. (7.) Department of Public Works. (8.) Department of Parks. (9.) Department of Public Instruction. (10.) Department of Poor. *Superseded by L. 1896, c. 112, the Liquor Tax Law. § 45. The Mayor, Comptroller, Corporation Counsel, Treasurer, Assessors, Commissioner of Public Works, Judges of the Municipal Court, Superintendent of Edu- cation, Police Justice, Justice of the Peace and Overseer of the Poor shall be elected, and all other officers shall be appointed as herein provided. Thus amended by L. 1901, c. 228, Sec. 1. The amendment struck out the word "one" before Commis- sioner of Public \\'orks: previously one Commissioner was elected and two were appointed. § 46. No person shall be eligible to any city ofhce unless he be an elector of the city, except as hereafter expressly provided. Treasurers shall be ineligible for reelection for the next term after the termination of their offices. Thus amended by L. 1902, c. 23. The amendment added the last sentence, making Treasurers ineligible for reelection. § 47. The Mayor, Comptroller, Corporation Counsel, Treasurer, Superintendent of Education, Commissioner of Public Works, Overseer of the Poor, Police Justice Title III.] REVISED CITY CHARTER. 45 and Justices of the Peace, shall each hold office for the term of four years, and the Assessors and Judges of the Municipal Court for the term of six years, except as provided in sections two hundred and seventy-one and three hundred and sixty-nine of this act as amended. Thus amended by L. 1895, c. 805, Sec. 4, and L. 1901, c. 228, Sec. 2. The terms of Mayor, Comptroller, Corporation Counsel, Treas- urer, Superintendent of Education, Commissioners of Public Works, and Overseer of the Poor were changed from three to four years, and the terms of the Assessors from five to six years, in 1895. The amendment of 1901 provided for one Commissioner of Public Works, instead of three. § 48. The Comptroller, Treasurer, Superintendent of Education, Police Justice, Justices of the Peace, Over- seer of the Poor, Corporation Counsel, and Commissioner of Public Works, shall execute and file with the City Clerk a bond or undertaking to the city with sureties in such sum as shall be fixed by ordinance, conditioned for the faithful performance of the duties of their respective offices, and for the accounting for and payment to the city of all moneys belonging to the city received by them, and shall, when required by the Common Council, exe- cute and file a new bond or undertaking. All other offi- cers and persons elected or appointed by the authority of this act may, by ordinance, be required to give a hke bond or undertaking. The bond or undertaking of the Comptroller shall contain the further condition that he will pay over to the persons entitled to it, the money paid to him to redeem lands sold for taxes and assess- ments. Thus amended by L. 1901, c. 228, Sec. 3. The only change by this law was mentioning one Commissioner of Public ^^'orks, instead of three. Chapter II. § 49. The Mayor.— The Maj-or shall be the chief executive officer of the city, and shall maintain peace and good order, and enforce the laws therein. He shall see 46 RKvisED riTV (•iiAT{n:R. [Title III. thai the duties of the various city officers are faithfully performed. He shall have power to investigate their acts, have access to all books and documents in their offices, and may examine them and their subordinates on oath. He shall have power to issue subpoenas for wit- nesses to appear before him, and testify upon such inves- tigation, and to produce before him books and papers, and may administer oaths to such witnesses and examine them, and the books and papers produced by them. If any such officer or his subordinates, or any such wit- nesses shall refuse to appear or to produce such books or papers, or appearing shall refuse to testify, the Mayor may report such refusal to any court of record, of a judge thereof, and such court or judge may make an order for the future appearance of such person, or the production before the Mayor of such books and papers, and punish and disobedience of such order as a contempt of court. The evidence given by persons so examined shall not be used against them in any criminal proceedings. He shall have. power to suspend or remove any officer, except officers whose removal is otheiwise provided for by law, whether elected or appointed, for misconduct in office or neglect of duty. The grounds for such suspension or removal shall be stated in the order therefor, and no re- moval shall be made without reasonable notice to the officer complained of, and an opportunity given him to be heard in his defense. § 50. He shall have the custody of the seal of the city and shall authenticate the acts of the Common Council, and all instruments and papers authorized so to be authenticated. § 51. He may appoint, and at pleasure remove, a sec- retary and a license clerk, and such other subordinates as may be authorized by ordinance. A policeman shall be detailed to attend him and execute his orders. § 52. He shall, except as othenvise herein provided, issue all hcenses authorized by the ordinances of the city. Title III.] REVISED CITY CHARTER. 47 Air moneys and sums fixed for issuing licenses shall be paid to the Treasurer of the city, and no license shall be delivered to any person until due proof is made to the Mayor that such money or sums as is fixed for the issuing thereof has been paid to the Treasurer of the city. The Mayor shall make a weekly report to the Comptroller of the hcenses issued by him. The Mayor may, upon reasonable notice to the person complained of, hear any complaint against any person to whom he has issued a license, and may issue subpoenas and compel the attend- ance of witnesses to testify on such hearing, and may annul such Hcense or suspend it. He shall file a copy of his determination with the City Clerk within twenty- four hours after it is made. Thus amended by L. 1902, c. 586. Prior to this amendment fees for licenses were paid to the Mayor, who paid his receipts to the Treasurer weekly, at the same time reporting to the Comptroller. § 53. He shall perform such other executive duties as may be by ordinance or provisions of law devolved upon him, and shall recommend to the Common Council such measures as he may think expedient. He shall appoint all officers, agents, and servants whose election or ap- pointment is not in this act otherwise definitely pre- scribed. § 54. If the Mayor shall be unable to perform the duties of his office in consequence of sickness or tempo- rary absence from the city, he may designate an Alder- man or Councilman to act in his place; if he shall be so in- capacitated for more than ten days, without making such designation, the Board of Aldermen may do so. The person so designated shall perform the duties of the Mayor until the Mayor shall resume them. An Alder- man or Councilman while performing such duties shall not act as a member of the Common Council. § 55. Nothing in this act contained shall be deemed to affect or limit the application to the city of Buffalo of 48 HKVISKD CITY CHARTER. [Title IV. the provisions of cliapter four hundred and ten of the laws of eighteen hundred and eighty-four, entitled "An act to amend chapter three hundred and fifty-four of the laws of eighteen hundred and eighty-three, entitled 'An act to regulate and improve the civil service of the State of New York, and the acts amendatoiy thereof and supple- mentaiy thereto,' " or any other general laws pertaining to the civil service. All expenses of executing said laws shall be deemed expenses of the Mayor's department, and a sufficient sum therefor shall be included in the annual estimates. TITLE IV. Chapter I. DEPARTMENT OF FINANCE. § 56. There shall be a department of finance consist- ing of two offices, viz. ; the Comptroller's office, of which the Comptroller shall be the head, and the Treasurer's office, of which the Treasurer shall be the head. § 57. Comptroller and Treasurer. — The Comp- troller shall superintend the fiscal concerns of the city, and manage the same pursuant to law and the ordinances of the city, and shall be its chief fiscal officer. He shall keep an account of all warrants drawn on the treasuiy, and countersigned by him, in a book to be kept for that purpose. He shall keep full and accurate books of ac- count, and shall countersign all receipts given by the Treasurer, and charge the Treasurer with the amount thereof. When money is paid to him to redeem lands sold for taxes and assessments, he shall, when the cer- tificate of sale belongs to the city, pay the same into the treasury. He shall daily pay to the Treasurer all moneys received by him belonging to the city. He shall deposit all money so paid to him, when the certificate of sale Title IV.] REVISED CITY CHARTER. 49 does not belong to the city, in one of the savings banks of the city, or in any of the banks in which moneys of the city are deposited, in trust for those holding such certificates. He shall pay over to his successor in office all moneys remaining in his hands, or under his control drawn from the city treasury to pay interest on or prin- cipal of the loans of the city, and all moneys received by him as Comptroller for any other purpose whatever. Thus amended by L. 1895, c. 805, Sec. 5. This amendment made banks of city deposit equally eligible with savings banks to receive deposits of money in trust for holders of certificates of tax sales. § 58. The Comptroller, by and with the advice and consent of the Common Council, shall appoint an Audi- tor, who shall have power, and it shall be his duty to ex- amine and report upon all accounts or claims against the city for work, labor, services, merchandise or material furnished the city, before the same shall be audited and ordered paid by the Common Council. He shall ascer- tain, before reporting upon any such accounts or claims, that the work, labor, services, merchandise or material charged for in such account or claim have been actually furnished to and received by the city; that the prices charged are in accordance with the contract or agree- ment therefor, and that such prices are reasonable and just, and shall make a certificate to that effect upon each and every such account or claim. The Common Council shall not audit nor order paid any such account or claim against the city, unless the same shall have been so ex- amined, certified, and reported upon by the Auditor. The Auditor shall have power and authority to issue sub- poenas to compel the attendance of witnesses and the production of books and papers upon the examination before him of any account or claim against the city, and is authorized and empowered to administer oaths and affirmations to any person summoned and appearing on any such examination. Any willful and cornjpt false sw^earing by any witness or person to any material fact 50 REVISED CITY CHARTER. [Title IV. on such examination shall be deemed perjury, and be punished in the manner now prescribed by law for that offense; in case any person shall fail or refuse to obey such subpoena, or refuse to take, when required, the proper oath or affirmation, or to produce such books and papers, or shall refuse to answer any proper question, the Auditor may apply to a judge or justice of any court of record within said city for a subpoena to compel the attendance of such person, or the production of such books and papers before a judge or justice of said court to be ex- amined respecting such account or claim. Thereupon the judge or justice shall direct the issue of a subpa'ua. The person so subpoenaed shall be examined before such judge or justice. Any person refusing or failing to ap- pear and testify, or to produce such books and papers upon such examination when duly subpoenaed shall be deemed guilty of a contempt of court and punished accordingly. Persons so subpoenaed shall be entitled to the fees now allowed by law to witnesses in actions, but no claimant shall be entitled to any fees. The auditor shall keep books in which shall be entered all accounts and claims against the city presented to him for audit, together with a note of the action taken by him on each; he shall have authority to employ one clerk, and as many more as shall be from time to time authorized by the Common Council, ^ § 59. The Treasurer shall receive all money belonging to the city, and keep an accurate account of all receipts and expenditures. He shall daily deposit all money re- ceived by him in the banks designated by the Common Council, subject to his own check when the same shall be countersigned by the Comptroller. He shall not check out any money so deposited, except to satisfy a warrant upon the treasuiy, or to transfer it, on the direction of the Common Council, to another deposit bank. He shall render a weekly statement in detail, under oath, to the Comptroller of the money received and disbursed by Title /F.] REVISED CITY CHARTER. 51 him, specifying the funds on account of which, and the sources from which received, and the accounts for which such disbursements were made. § 60. Money shall be drawn from the treasury only upon warrants authorized by the Common Council, and signed by the Mayor and City Clerk, and countersigned by the Comptroller; each warrant shall specify the pur- pose for which it is drawn, ^nd the fund out of which it is payable. § 61. The Treasurer, when he pays a warrant on the treasury, shall cancel it, and it shall not be reissued. A violation of this section shall be a misdemeanor. § 62. He shall, upon the presentation of a warrant on the treasury to him for payment, pay it, if there be suffi- cient funds in the treasury to the credit of the fund out of which it is payable. He shall prepare and sign a re- ceipt for any money paid into the treasury. He shall procure such receipt to be comitersigned by the Comp- troller, before he shall dehver it to the person entitled to receive it. § 63. The Treasurer, upon conviction of having lent, or deposited in a bank not designated by the Common Council, or unlawfully appropriated to his own use, any money of the city received by him, shall be deemed guilty of larceny. § 64. No one but the Treasurer shall receive any money for the city, except fines and judgments recovered, unless authorized by this act or by special resolution of the Common Council. Chapter II. § 65. General Fund. — The fiscal -year shah begin on the first day of July. 52 REVISED CITY CHAHTKH. [Title IV. § 66. The Comptroller shall, on or before the first day of October in each year, present to the Common Council a detailed statement of the financial condition of the city. In such statement the available resources of the city and its liabilities falling due within the next fiscal year shall be separately stated. It shall show the receipts and ex- penditures of the preceding year, and the condition of the general and local funds. Thus amended by L. 1894, c. 289, Sec. 1. This amendment changed the date of the annual statement from April first to October first. § 67. The heads of the different departments and such officers as the Comptroller may request, shall on or be- fore the first day of Februaiy deliver to the Comptroller a full and detailed estimate of the expenses, and the amount of money required in their respective depart- ments and offices for the next fiscal year. § 68. The Comptroller, on or before the first day of March in each year, shall also present to the Board of Aldermen an estimate of the amount necessary to be raised by general tax to cany on the City Government, and to meet all the expenses and lial^ilities of the city for the next fiscal year, specifying in detail, and under sepa- rate and appropriate heads, the amount estimated for each department, or each office, or other purpose. In such estimate shall be included at least one hundred thousand dollars of the principal and the interest of the bonded debt of the city, due or to fall due within the next fiscal year. The Comptroller is hereby permitted and directed to credit, apply, and use all premium moneys heretofore realized upon the sale of bonds now credited to the local redemption fund of said city, as a resource of the city in the annual estimates of the city. Here- after all premiums realized upon the sale of bonds shall be used and applied as a resource of the city in the annual estimates. Thus amended by L. 1902, c. 231, Sec. 2. Title IV.] REVISED CITY CHARTER. 53 This amendment made premiums on sales of bonds a resource of the general fund; such premiums having previously gone into the local redemption fund. See Section 14, above. § 69. Such estimate shall be entered at large upon the journal. § 70. After the expiration of one week from the pre- sentation of such estimate, the Board of Aldermen shall proceed to consider the same, and by a vote of two-thirds of all the members elected, may alter or amend the same; and shall, on or before the 24th day of March, finally pass upon it, and at once report its action to the Board of Councilmen, which shall pass thereon on or before the 15th day of April, and may alter or amend the same by a vote of two-thirds of all its members elected. The estimate of the Comptroller shall stand as to all items not altered or amended by both boards, or disapproved or stricken out, or reduced by the Mayor as hereinafter provided, before May first. The estimate, as made by the Comptroller, or as altered or amended by the Common Council, may be adopted by a majority vote of each board, and if altered or amended, shall, upon its adop- tion, be entered at large upon the journal of each board. Upon the adoption of such estimate by the Common Council the same shall be forthwith transmitted to the Mayor, who may at any time before May 1st disapprove, strike out, or reduce any item of such estimate; but the sum of one hundred thousand dollars, to be applied to the payment of the principal of the bonded debt of the city, and to no other purpose, shall be included in such estimate as adopted by the Common Council, and this item shall not be disapproved or stricken out, or reduced by the Mayor. Thus amended by L. 1903, c. 61. This amendment shortened the time for consideration of the estimates by the Common Council and gave the Mayor power to strike out or reduce items. § 71. The sum total of the adopted estimate shall be raised by general tax. 54 REVISED CITY CHARTER. [Title IV. § 72. In such estimate may be included a sum not exceeding five thousand dollars for the celebration of the Fourth of July, the reception of distinguished persors, and for the purpose of providing for the due and proper observance of Memorial Day. Thus amended by L. 1903, c. 355. This amendment added provision for Memorial Day. § 73. The expenditures for each department, office or other purpose during the fiscal year, shall be kept within the estimate made for it, except that in cases where the Mayor, Comptroller, and Treasurer shall cer- tify in writing that a greater amount than provided for in the estimates is necessary in any department of the city, the expenditures in any such department may be increased by the amount so certified by a two-thirds vote of the members elected to each board composing the Common Council, which vote shall be taken by callmg the yeas and nays, and shall be entered upon the journals of the Common Council. The amount of such increased expenditures shall be included in the estimate for the ensuing year, as adopted by the Common Council, and may be temporarily borrowed on city certificates of in- debtedness or met by tjhe issue of bonds payable on the first day of July of the fiscal year next succeeding their issue. (Provided, however, that if any amount is raised to meet an increased expenditure in any department, office, or for other purpose, after the estimate for the fiscal year has been submitted by the Comptroller to the Common Council, the amount of such increased expen- diture shall be included in the estimate to be submitted by the Comptroller to the Common Council in the next year, and the certificates of indebtedness or bonds issued to temporarily borrow the amount of such last-mentioned increased expenditure, shall be payable on the first day of July of the fiscal year for which such last -mentioned estimate shall be submitted to the Common Council.) No contract shall be authorized by the Common Council, Title IV.] REVISED CITY CHARTER. 55 creating a liability to be paid out of the general fund, unless a majority of the members elected to each board composing the Common Council shall vote in favor there- of, which vote shall be taken by calling the yeas and nays, and shall be entered upon the journals of the Com- mon Council. For the purposes of this section, each department, office, or other purpose, shall be credited with the amount included in the estimate for it; and it shall be debited with the salaries, and the certain and fixed sums to be paid out of it; and the other expendi- tures shall not exceed the balance remaining of the esti- mate. Contracts made in any form or manner, for an amount exceeding such balance, except contracts for the expenditures in excess of the estimates authorized here- by, shall not be binding on the city beyond such balance, and the excess may be recovered of the members of the Common Council, jointly or severally, who voted in favor thereof. When liabilities to the amount of such balance shall have been created, all contracts, made in any form or manner, for further expenditures or liabihties, shall not be binding on the city, but may be enforced against the members of the Common Council, jointly or severally, who voted therefor. If the Treasurer shall pay a warrant on the treasury, drawn in violation of this section, he shall not be credited with the amount paid upon such warrant. Thus amended by L. 1903, c. 171. This amendment added the words in parentheses. § 74. This section is omitted because of its temporary character. It made special provision for changing the beginning of the city's fiscal year from January 1st to July 1st. § 75. As soon after the adoption of any estimate as shall be practicable, the Comptroller shall apportion said tax upon the taxable property within the city, as set down in the assessment rolls of the year filed with him; and shall set down in a column, to be prepared for that purpose in said rolls, opposite to the several sums set 56 REVISED CITY CHARTER. ^ [TiHr JV. down on .said rolls us the valuation of real and personal estates, the respective sums in dollars and cents to be ])aid as a tax thereon. He may correct any clerical errors in said rolls. He shall, on the first day of June, or as soon thereafter as practicable, deliver said rolls to the Treas- urer. He shall, before delivering such tax-rolls to the Treasurer, enter thereon, in a column to be prepared for that purpose, opposite to each lot of land, the aggregate amount of all local assessments thereon, with the addi- tions returned to him on or before the first day of May of that year as unpaid. § 7G. Upon the receipt of said roll, the Treasurer shall give notice by publishing same in the official paper, and by posting the same in six public places in each ward, that the general tax-rolls have been received by him; that they will remain in his hands until the first day of March followmg, and that payment of the taxes and assessments thereon may be made to him at any time before the expiration of one month from the time said rolls were received by him without additions; that at the end of said month an addition of one per centum upon every unpaid tax and assessment will be added thereto; that an addition of one-half per centum will be made every month thereafter until the first day of March fol- lowing, at which time an addition of five per centum upon ever}^ unpaid tax and assessment will be added thereto, and that thereafter all taxes and assessments will be charged with interest at the rate of six per centum per annum on the first day of each month until the same are paid, and such additions, interest, and fees shall be charged accordingly. On or before the first day of February in each year, the Treasurer shall give notice to all owners of land upon which there remains in his hands any such unpaid tax or assessment, by mailing written notice to their address as shown on the maps in the Assessors' office, and if no such address is shown, such notice shall be addressed to them at Buffalo, New Title IV.} REVISED CITY CHARTER. 57 York, that if such tax or assessment is not paid on or before the first day of March next thereafter five per centum will be added thereto, as herein provided, and the same will be returned to the Comptroller for tax sale, but failure to give such notice shall not invalidate the tax or assessment or subsequent proceedings. Whenever any tax appearing upon said rolls shall be erroneously marked canceled or paid, the Treasurer shall, immediately upon the discovery thereof, notify the owner of the property upon which said tax was so canceled, that said cancel- lation was erroneous, and that such tax must be paid within thirty days from the date of such notice. Said notice shall be in writing, and shall be mailed to the address of such owner, as said address appears on the maps in the Assessors' office; if no such address is shown, such notice shall be addressed to him at Buffalo, New York; in case said tax is not paid within said thirty days, the Treasurer shall mark such tax, "Erroneously can- celed," together with the date of such cancellation, and the lien of said tax shall be restored. If such tax is not restored before delivery of the rolls to the Comptroller, he shall place said tax upon the tax-rolls of a subsequent year, in a separate column, and said tax shall have the same force and be collected in the same manner as an original city tax for that year. Thus amended by L. 1895, c. 805, Sec. 6; L. 1896, c. 809, Sec. 1; and L. 1898, c. 313. § 77. The city may recover by action the amount of every tax with the additions and interest unpaid on the first day of March aforesaid, with interest thereon at the rate of six per centum per annum, and the further sum of five per centum upon the amount of such tax, interest and additions, from the persons liable to pay the same, which shall remain unpaid for more than ten months after the delivery of the roll to the Treasurer. Such action shall be brought by the Comptroller in his name of office. The judgment obtained in such action, when docketed 58 REVISED CITY CHARTER. [Title IV. in the office of the Clerk of Eric County, shall have pri- ority over any other lien or incumbrance' u))on or transfer of the property charged with the tax for which such action was brought, and eveiy purchaser or incumbrancer of said property whose incumbrance, lien or transfer shall have been recorded before the commencement of the action shall be made a party to said action. Thus amended by L. 1892, c. 381, Sec. 2, and L. 1894, c. 34, Sec. 1. Sections 78, 79, 80, 81 and 82 relating to collection of unpaid taxes, were repealed by Laws 1902, c. 573, Sees. 1-5. § 83. Interest on taxes and assessments shall not be computed for less than one month, and shall be com- puted up to the first day of the month following the day of payment. Sections 84, 85, 86, 87, 88, 89 and 90 relating to col- lection of back taxes, were repealed by Laws 1902, c. 573, Sees. 6-10. § 91. On the first day of March, after the receipt of the general tax-rolls, the Treasurer shall return said rolls to the Comptroller, with his affidavit attached thereto, that the uncancelled taxes and assessments therein are unpaid, and that he has not been able to collect the same, and the Comptroller shall credit him with such returned taxes and assessments. § 92. Taxes and assessments can be paid to the Treasurer at any time before the rolls are returned to the Comptroller. Such taxes and assessments may also be paid to the Comptroller, with additions and interest, at any time after the return of the rolls to him, and before sale, with the addition of one dollar for expense of pub- lication. Thus amended by L. 1896, c. 809, Sec. 7, and L. 1902, c. 573, Sec. 11. Title IV.] REVISED CITY CHARTER. 59 Chapter III. LOCAL FUNDS. § 93. The Comptroller, on the dehveiy to him of a local assessment -roll, shall enter the name of the same and the total amount thereof in his books. He shall pubhsh a notice in the official paper stating that the assessment-roll, naming and describing it, has been received by him, and that it will be held by him for two weeks; after which it will be delivered to the Treasurer. After the expiration of said two weeks, he shall deliver said roll to the Treasurer, unless in the mean time notice has been served on him, pursuant to law, that a writ of certiorari has been issued or has been apphed for, or an action has been begun to review said assessment-roll or to test the legality thereof; in which case he shall hold the said assessment-roll for two additional weeks, and shall, after the expiration of said additional time, deliver said assessment-roll to the Treasurer, unless the court or the Common Council shall order him to return the said assessment-roll to the Common Council; or the proceed- ings, to collect or enforce said assessment-roll are stayed by the court. § 94. The Treasurer, upon the receipt of such assess- ment-roll, shall cause the same to be properly indexed in a book to be kept by him for that purpose, and when the work for which said roll was made shall actually begin, shall publish a notice in five successive numbers of the official paper, that such roll, naming it, has been received by him, and that any assessment therein may be paid to him at any time before the expiration of one month from the first publication of the notice, without any addition. The department having the work in charge shall notify the Treasurer of the beginning of any work. § 95. Upon the expiration of one month from the first publication of such notice, the Treasurer shall add 60 REVISKD riTV CHARTER. [Titlr IV. one pur centum to each of the unpaid a^sessnR'nt.s in sucli roll, and a like percentage shall, at the end of every month thereafter, while the roll remains in his hands, be added to each unpaid assessment. § 96. The method of paying such assessment shall be the same as that prescribed for the payment of taxes of the general tax roll. § 97. The Treasurer shall obtain each local assess- ment-roll, so that at all times payments may be made thereon, until the assessment is added to the general roll. § 98. All local assessments, when added to the gen- eral roll, shall be liens to the same extent as taxes levied in the general roll, and the same interest be payable up- on them, and the same remedies and methods of collec- tion shall apply to them as to such taxes under this act, except as herein othenvise provided. § 99. Eveiy assessment for local improvements shall become a lien upon the property assessed, upon the first publication, by the Treasurer, of the notice that he has received the roll containing such assessment. 'Cs § 100. An action may be brought in any court hav- ing jurisdiction thereof to determine the legality of an assessment for local improvements, and in such action the owner of a separate parcel of land may unite with one or more of the owners of other parcels assessed or attempted to be assessed, in the same assessment-roll. Such an action may be brought at the same time as, or after a writ of certiorari is granted, pursuant to the next section, or ^^hile such certiorari proceeding is pending, but it must be brought within one year after said assess- ment shall have become an actual or apparent lien upon the proi)erty assessed. Such an action may be brought and maintained, although the party or parties plaintiff shall not have appl'ed to the Boird of Assessors to cor- rect, amend or revise the said assessment, and shall not Title IV.] REVISED CITY CHARTER. 61 have filed any objections to the said assessment -roll; and although the parties plaintiff, or some of them, have paid their assessments upon the said assessment-roll, in which case the parties who have so paid may ask for, and in a proper case the court may order restitution of the amounts paid by them with interest. But in such an action no relief shall be granted to the plaintiffs based upon any defects, irregularities or errors in the said assessment-roll which could have been reviewed and corrected by a writ of certiorari issued pursuant to the next section. § 101. A writ of certiorari may be granted to review and determine the legality of an assessment for local improvements by any court of competent jurisdiction upon the application of any person or persons aggrieved thereby. The owner of a separate parcel of land may unite with one or more owners of other parcels of land assessed or attempted to be assessed in the same assess- ment-roll in the application for such writ. Such writ shall be applied for in the form and manner, and the subsequent proceedings thereupon had shall comply with the provisions of article seven, of title two of chapter sixteen of the Code of Civil Procedure, relating to the writ of certiorari to review the determination of an inferior tribunal, except as is in this section expressly othei"wise provided. 1. No such apphcation shall be entertained unless the persons making the apphcation, or some of them, shall have previously made complaint in relation to such assessment to the Board of Assessors, pursuant to law, or shall have filed objections to such roll with the City Clerk pursuant to law; but the proceeding to review such assessment by writ of certiorari shall not be con- fined to any grounds of complaint or objection which were presented to the said Board of Assessors, or in the said objections filed with the City Clerk. 62 REVISKD CITY CHARTER. [Titlc IV. 2. Such writ may be applied for at any time after the said assessment-roll shall have been confirmed by the resolution of the Common Council, although such resolu- tion may not have been approved by the Mayor, and before the expiration of two weeks from the publication by the Comptroller of the notice required by this act that such roll has been received by him. 3. The said writ of certiorari shall be directed to the city of Buffalo, which shall be known as the defendant. It may be served by delivering a copy thereof to the Mayor or the Corporation Counsel, and a copy to the Comptroller or his deputy, unless the court shall other- wise direct. Only one return to said writ shall be made and it may be verified by any one or more of said officers, or by any Assessor of the city. The return shall not be conclusive. Upon the return being filed, the cause may be heard at a general or a special term of the court, and either party may notice it for a hearing. If upon the hearing it shall appear to the court that testimony is necessaiy to the proper disposition of the matter, the court may take evidence or may appohit a referee to take such evidence as the court may direct, and report the same to the court, and such testimony shall constitute a part of the proceedings upon which the determination of the court shall be made. 4. The court shall have power at any stage of the proceeding to order any necessaiy or proper parties to be brought in by amendment, upon such terms as shall be just, and to direct how notice, if required, shall be given to them by personal service or by publication, and thereafter all parties so notified shall be bound by the proceeding, and the court shall have power to appohit an attorney to represent unknown or unrepresented parties, and to order the reasonable costs and expenses of all parties so brought in, othenvise than upon their own motion, to be paid by the city. 5. If it is established that the assessment is illegal for any reason, the court may order that said assessment Title /F.] REVISED CITY CHARTER. ' 63 be canceled; and the same shall thereupon be canceled by the Comptroller and other proper officers in the city. Where it is alleged or estabhshed that the said assessment is irregular or defective on account of any imperfect description of the land sought to be assessed, or any de- fect or irregularity which can be corrected without preju- dice to an}'^ of the parties interested therein or affected thereby, the court may order the assessment-roll so corrected or amended, or may order that the assessment roll be returned to the Common Council to annul or correct it pursuant to law. 6. The parties applying for said writ of certiorari, or any of them, may pay their assessments upon the said assessment-roll at any time, notwithstanding the pend- ency of said writ . In case it shall be determined that the assessment-roll is illegal for any reason, after the assess- ments or any of them have been paid, the court may make such orders in regard to restitution to the parties to said proceedings and to others, as shall be necessary to protect the rights of all parties, and may enforce said orders as judgments in an action, § 102. On or before the fifteenth day of March in each year, the Treasurer shall return each local assess- ment-roll not payable in installments which shall have been received by him more than two months prior to such fifteenth day of March, with the additions, to the Comptroller, and certify that all uncanceled assessments therein are unpaid. Thus amended by L. 1906, c. 8, Sec. 1. § 103. AVhen any work or improvement shall be ordered by the Common Council, the expense whereof shall exceed the sum of five thousand dollars, and is t(> be defrayed by money raised by local assessment, ana in any case where such work or improvement shall be the paving of a street or alley whether the expense thereof shall be more or less than five thousand dollars, the 64 REVISED CITY CHARTER. [Title IV. several assessments contained in any roll, made for the purpose of raising said money, shall be divided into five equal annual installments. The first installment shall be due and payable from and after the date of the first publication of the notice specified in section ninety-four of this act; and the remaining installments in one, two, three and four years from, and after the date of such publication. The second, third, fourth and fifth install- ments shall bear interest at the rate of five per centum per annum commencing one month after the date of such first publication, until they shall severally become due and payable. Monthly additions of interest shall be made to each due and unpaid installment as provided in section ninety-five of this act ; commencing one month after said installment shall become due and payable. Thus amended by L. 1906, c. 47. § 104. The Treasurer shall proceed with the collection of said roll in the manner provided for other assessments, and for such purpose, retain the roll in his possession at all times. On or before the fifteenth day of March of each year, he shall make a transcript from the rolls re- ceived by him more than two months previous thereto, of each unpaid installment which shall have become due and payable with the addition thereto, which transcript shall be delivered to the Comptroller to be spread on the general roll for that year, in the manner specified in section seventy-five of this act, and the Treasurer shall note on the original roll the installments so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following yeai-, when he shall make a transcript of the second installment of the assessments on said roll which shall have become due and payable. He shall cause a transcript of said installments so due and payable with the additions thereon, to be delivered to the Comptroller to be spread on the general tax roll for that year, and shall note on the original loll the installment so trans- Title IV.} REVISED CITY CHARTER. 65 ferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year, when he shall make a transcript of the third installment of the assessments on said roll which shall have become due and payable. He shall cause a transcript of said installment so due and payable with the additions thereon, to be delivered to the Comp- troller to be spread on the general tax roll for that year, and shall note on the original roll the installment so transferred. He shall continue the collection of the balance of said roll until on or before the fifteenth of March in the following year when he shall in like manner make a transcript of the fourth installment on such roll, which shall have become due and payable. He shall cause a transcript of said installment so due and payable with the additions thereon, to be delivered to the comptroller to be spread on the general tax roll for that year, in the same manner as hereinbefore provided, and note on the original roll the assessment so trans- ferred. He shall continue the collection of the balance of said roll until on or before the fifteenth day of March in the following year, when he shall in hke manner make a transcript of the fifth installment on such roll, which shall have become due and payable. He shall cause a transcript of said installment so due and payable, with the additions thereon, to be delivered to the Comptroller to be spread on the general tax roll for that year as here- inbefore provided, and note on the original roll the assess- ment so transferred. Annual interest shall be paid to the Treasurer on all unpaid installments at the time any one of them shall become due, and said Treasurer shall not receive payment of any installment after the first, unless interest then due on all installments shall be paid at the same time; if the annual interest is not paid, the Treasurer shall return such interest together with the installment then due, to the Comptroller, to be spread on the general tax roll of the year. The Treasurer may receive the whole of any assessments, with accrued 66 REVISED CITY CHARTER. [Title IV. interest and additions, at any time before the same is returned to the Comptroller. Thus amended by L. 1898, c. 314, and L. 1906, c. 8, Sec. 2. § 105. AVhenever any work or improvement shall be or shall have been ordered by the Common Council, the expense whereof shall exceed the sum of five thousand dollars, and is to be defrayed in whole or in part by money raised by local assessment, and in any case where such work or improvement shall be the paving or re- paving of any street or alley, whether the expense shall be more or less than five thousand dollars, the Common Council may, after such local assessment-roll shall have been confirmed, authorize the issue of bonds to an amount not exceeding four-fifths of said expense. Such bonds shall draw interest not to exceed four per centum per annum, and shall be payable one-fourth in one year; one-fourth in two years; one-fourth in three years, and one-fourth in four years from and after the first day of the next calendar month succeeding the confirmation of said assessment roll. All warrants drawn in payment of any local work or improvement above specified, shall be payable four-fifths out of the proceeds of such bonds, and one-fifth out of moneys collected upon the first in- stallment of the assessment -roll made therefor. If suffi- cient moneys have not been realized upon the first in- stallment of such assessment-roll to pay the warrants so drawn against said roll, or if sufficient moneys have not been realized upon any other installment to pay said bonds when the same shall be due and payable, the Comptroller may temporarily borrow on the credit of the city a sum sufficient to pay the same, and all moneys thereafter realized, on account of said assessment-roll or from sales for non-payment of assessments therein, shall be used and are hereby pledged to the payment of the amount so borrowed, and for the payment of such bonds. On the first Monday of each month the Com- Title IV. ^ REVISED CITY CHARTER. 67 missioner of Public Works shall certify to the Common Council the total amount of all local work or improve- ments performed or contracted for during the preceding month — other than for the paving or repaving of a street or alley — and which is to be collected by local assessment upon the property benefited, and the Common Council may thereupon authorize the issue of bonds to such amount as it shall determine, not to exceed the amount so certified, payable at such time as shall be fixed in the resolution. Such bonds shall bear interest at not to exceed five per centum per annum, and shall be sold at not less than par. All warrants drawn in pajmient of any local work or improvement last above specified, shall be payable out of the proceeds of such bonds. All moneys collected upon any local assessment roll or upon sales for non-payment of any assessment therein, shall be used and are hereby pledged for the payment of the bonds issued for the purpose of raising money for the payment of the work or improvement for which such assessment-rolls were made. The Comptroller shall on the first Monday in each month, certify the amount of bonds, if any, falling due in that month, and the condi- tion of the fund provided for the payment thereof, and the Common Council shall, upon said statement, deter- mine the amount of bonds to be issued under the pro- visions of this section, and may determine that any work may be paid for by the issue of warrants drawn against the roll made to pro\ide a fund for payment of the same, in which case warrants shall be issued as follows : "When any work or improvement shall be ordered by the Com- mon Council, the expense whereof is to be collected by local assessment upon the property benefited, the Com- mon Council may, by resolution, direct warrants to be drawn on the Treasurer in payment for the same out of the funds in his hands arising from such assessment, applicable to the payment thereof. Warrants drawn by direction of the Common Council in payment of any work or improvement, the assessment for which is pay- 68 REVISED CITY CHARTER. [Title IV. able in five installments, shall be drawn payable by the city on a day certahi, for one-fifth of the amount of such improvement in one year from date, one-fifth in two years, one-fifth in three years, one-fifth in four years, and one-fifth in five years from date. Such warrants shall bear interest at a rate not exceeding four per centum from their dates, as the Common Council shall direct. The Comptroller shall direct, and the Treasurer shall pay warrants, with accrued interest thereon, at any time before they shall become due, if there shall be funds in his hands arising from such assessment applicable to the j)ayment thereof, but none of such warrants shall be paid until all those which by their terms are sooner pay- able shall have been paid, unless he shall retain in his h mds a sufficient amount to pay all such prior warrants. The Comptroller shall direct, and the Treasurer shall, when he shall have money in his hands applicable to the payment of such warrants, give notice in five successive numbers of the official paper — Sundays and legal holi- days excepted — that he will pay all or any portion of such warrants, with accrued interest, on a day to be specified in said notice, and the interest on such warrants shall cease from and after the day specified in such notice. The Common Council may authorize the issue of bonds by the city for the purpose of raising money to take up, and pay all outstanding warrants heretofore or hereafter issued in payment of any local work or improvement. Such bonds shall be issued from time to time, as may be ordered by the Common Council, by the Mayor, and Comptroller, under the city seal; one-fifth of the principal thereof to be payable at the end of each year succeeding the issue thereof, until the whole sum shall have been paid. Any bonds so issued shall bear interest at a rate not to exceed three and one-half per centum per annum, to be fixed by the Common Council, and the same shall be sold or awarded as provided in section four hundred and ninety-two of the charter of the City of Buffalo, being the act hereby amended. If there shall not bo sufficient Title IV.] EEVISED CITY CHARTER. 69 moneys to the credit of the work or improvements for which the assessment is made to pay such warrants, when the same shall become due, the Comptroller shall borrow on the credit of the city, if the Common Council shall by resolution so direct, a sufficient sum of money, which shall be deposited with the Treasurer, to pay the same, and the moneys arising from said assessment shall, when collected, be applied to the payment of the amount so borrowed, and to the payment of any bonds, which may be issued as provided in this section, to raise money to take up and pay outstanding warrants heretofore or hereafter issued before such warrants are due and pay- able, and to no other purpose. Nothing in this act con- tained shall be construed as in anywise affecting the rate of interest on warrants now outstanding on account of local work and improvements, or warrants which may be hereafter issued for local work or improvements for which bids have already been submitted to the city. Thus amended by L. 1903, c. 166. § 105 (a). Whenever the Common Council shall order the construction of any main sewer or branch sewer in any sewer district or portion of a sewer district of the city, which is not already provided with main, and branch and lateral sewers, and where it is proposed according to the plan of drainage adopted for that sewer district or territory by the Board of Public Works, as provided in this act, that the side sewer shall be extended in the future by branch sewers and lateral sewers, or either, so as to reach territory not immediately drained by it, and the expense of constructing said sewer shall exceed forty thousand dollars, which facts shall be certified to the Common Council for its information, with or without its request, by the Board of Public Works, and shall be deemed for all purposes to be estabhshed by such cer- tificate, the Common Councilmay, in its discretion, by a vote of two-thirds of its members elected to each board, direct that the expenses of constructing said 70 REVISED CITY CHARTER. [Title IV. sewer, or so muoli thereof as is to be raised by local assessment, shall be assessed upon the property benefited thereby, and that the several assessments contained in any roll made for the purpose of raising said money, shall be divided hito more than five, and not more than fifteen equal, annual installments, specifying the number of such installments; and the said assessments contained in any such roll shall thereupon be payable in equal, annual installments, according to such direction. The several installments of the assessments in such extended installment-rolls shall become due and payable; and shall draw interest in the same manner as is pro\ided in sec- tion one hundred and three of this act for the five-year installment-rolls, and unpaid installments shall be re- turned by the Treasurer to the Comptroller in the same manner, and with the same result as is provided in sec- tion one hundred and four of this act, and any default in the payment of annual interest shall have the same result as is provided in said section one himdred and four, and all the provisions of said sections one hundred and three, and one hundred and four with reference to the five-year installment-rolls shall be applicable to said extended installment-rolls, except that the assessment shall be divided into the number of annual installments so di- directed by the Common Council. In case the Common Council shall so direct any assessment-roll to be extended over a period of more than five years, the bonds author- ized to be issued by section one hundred and five of this act, in anticipation of the payment of the installments upon any installment-roll, may be issued to an amount equal to the total amount of said assessment-roll, less one installment, and said bonds shall be made payable in annual installments covering the same period that is fixed for the payment of the assessments in said roll, and all other provisions of said section one hundred and five relating to the issue of said bonds, and to warrants drawn in payment for any such local work or improvement, shall be modified accordingly, so as to extend over the Title IV.] REVISED CITY CHARTER. 71 entire period during which such instalhnents are payable. This section shall apply to any assessment-roll already made, but not yet confirmed by the Common Council. Thus amended by L. 1892, c. 424. This entire section was added by this amendment. Chapter IV. SALES OF LANDS FOR TAXES AND ASSESSMENTS. § 106. All taxes and assessments shall be a hen upon the lands upon which they are assessed for ten years from the delivery of the tax or assessment-roll to the Treasurer, and the first publication of notice of receipt of same, and shall have priority in the inverse order of time in which they become liens. If the proceedings to enforce such liens have been stayed by a court or judge the period of such stay shall not be taken as a part of said ten years. § 107. Upon the return by the Treasurer of the general tax rolls to the Comptroller, the Treasurer shall prepare and deliver to the Comptroller a transcript of the taxes and assessments upon lands returned by said Treasurer unpaid. Such transcript shall specify the amount of each tax and assessment, and the Comptroller shall place therein all additions and interest to the day on which the sale is to commence, and the further sum of five per centum upon the amount of each tax, assess- ment, addition, and interest. When there is more than one tax or assessment upon the same parcel of land, the description of such parcel shall be inserted in such state- ment but once. The Comptroller shall also charge each parcel of land included in such statement with one dollar, to cover expenses of printing and pubhcation. All such additions, interest, fees, and expenses shall be a charge on the lands sold, and shall be added to and made a part of such tax. Thus amended by L. 1898, c. 280, Sec. 1. 72 REVISED CITY CHARTER. [Title IV. § 108. The collection of every assessment, and of eveiy tax upon real estate returned unpaid by the Treas- urer may be enforced by a sale of the real estate by the Comptroller, while the tax or assessment is a lien. Such sale shall take place not later than the thirtieth day of June in every year. Thus amended by L. 1898, c. 280, Sec. 2. Prior to this the tax sale was required to be held in April or May. § 109. When the returned taxes and assessments are upon the same parcel of land, such parcel shall not be sold for less than the aggregate amount of them, but when they are upon parcels of different boundaries, although in part the same, each parcel shall be sold separately. § 110. The Comptroller shall cause to be published twice in each week, for three weeks, in the official paper, a list or statement of the real estate charged with the payment of such taxes and assessments, with additions, fees, interest, and expenses, and so liable to be sold, and also a notice that the said real estate will, on a day at the expiration of the said three weeks, to be specified in such notice, and the succeeding days, be sold at public auction to the highest bidder, at the city and county hall in the said city of Buffalo, to pay the taxes, additions, fees, interest, and expenses thereon, which may remain unpaid at the time of such sale; the expense of pub- lishing such list and notices shall not exceed the sum of one dollar for each parcel of land so advertised. On th"e day named in said notice, the said Comptroller shall conmience the sale of said real estate at auction to the highest bidder, and shall continue such sale from day to day until the whole thereof shall be sold; but the owner of any piece of land, or his representatives, may redeem the same at any time before the actual sale thereof, by paying the tax or taxes for which it is to be sold, with all accrued interest, additions, fees, and expenses. It Title /F.] REVISED CITY CHARTER. 73 shall be the duty of the Comptroller to bid in for the city all parcels of real estate at such sale, which shall not be purchased by any other person at a rate sufficient to pay the taxes for which the land is to be sold, with all the acciTied interest, additions, fees, and expenses. § 111. If the real estate shall sell for more than the amount of the tax, interest, additions, and expenses aforesaid, the surplus shall be paid over by the Comp- troller into the Supreme Court, by deUvering the same to the County Treasurer of Erie County; and such court shall ascertain and determine who is entitled to such money, and, if it shall appear that such proceedings are valid and regular, order and decree its distribution and payment to the person or persons entitled thereto. And if any of such surplus shall remain unclaimed in said court for the period of ten years, the same, with accrued interest thereon, shall, on application of the Corporation Counsel ,and after publication of notice that such appli- cation has been made in the official paper for ten succes- sive issues thereof, Sunday and legal holidays excepted, be paid to the Treasurer of the city, and added to the local redemption fmid. Thus amended by L. 1895, c. 805, Sec. 10. This amendment substituted the County Treasurer as deposi- tary in place of the Clerk of the old Superior Court of Buffalo. § 112, The purchasers at such sale shall pay the amounts of their respective bids to the Comptroller within forty-eight hours after the sale, and thereupon the Comptroller shall execute to each purchaser, including the city, a certificate in writing, which shall contain a description of the real estate purchased, the amount paid therefor, the date of the sale, and that the same was sold for unpaid city taxes and assessments. Such purchaser or his legal representative or assigns, may, upon receiv- ing such certificate, by virtue thereof, and of this act, lawfully hold and enjoy for his and their own proper use and benefit, and the use and benefit of his and their heirs 74 REVISED CITY CHARTER. [Title IV. and assigns forever, the real estate described in said cer- tificate, unless the same shall be redeemed as hereinafter provided. And he and his heirs and assigns ma}^, and at any time after the time limited in the one hundred and fourteenth section of this act, for the redemption of such premises shall have expired, and the notice therein pro- vided for been given, and said premises shall not have been redeemed as therein provided, and not before, ob- tain actual possession of the premises by an action at law or by causing the occupant of such real estate to be re- moved therefrom, and the possession thereof to be de- livered to him in the same manner, and by the same proceedings, by and before the same officers as in the case of a tenant holding over after the expiration of his term without permission of his landlord. § 113. The city shall borrow, for a time not exceeding five years, money sufficient to pay its purchases at such tax sales, and place in the city treasuiy, to the credit of each tax and assessment for which sales were made, its portion. All moneys received on the redemption of lands struck off to the city at such sale, or for assign- ments of certificates of sale, shall constitute a fund for the payment of the money borrowed. As soon as practicable after the city shall have borrowed money, and placed it in the treasuiy as aforesaid, it shall be the duty of the Treasurer to publish a notice five days in the official paper, that he will pay all local fund warrants, the funds to pay which have been provided by the money so borrowed and })laccd in the treasury, at any time within ten days from the time of the first publication of such notice, and interest on such warrant shall cease at the end of ten days from the time of the first publication of such notice. If it shall appear at any time after passage of this act that the city is the owner of tax sale certificates, or tax deeds, or both, acquired by it, either at the annual tax sales of the city or otherwise, and that the real property covered by such tax sale certificates, Title IV.] REVISED CITY CHARTER. 75 or tax deeds, or both, shall not have been redeemed from the tax sale or sales represented by such tax sale certifi- cate or certificates, or tax deed or deeds, or both, and that the money borrowed by the city, as in this section provided, to pay for the purchases at the annual tax sales represented by such tax sale certificates, or tax deeds, or both, has been paid, it shall be lawful for the city to issue its bonds in a sum not to exceed the amount of money invested by the city in, and represented by such tax sale certificates, or tax deeds, or both; the interest on such last-mentioned bonds shall be payable semi-annually; one-tenth of the principal thereof to be payable each year after the issue of the same until the whole amount is paid; such last-mentioned bonds shall be issued, as the Common Council shall direct, by the Mayor and Comptroller, under the seal of the city, and shall be payable at such place as the Council shall desig- nate, and such last-mentioned bonds shall be sold in the maimer provided by section four hundred and ninety-two of the act hereby amended. The principal and interest of such last-mentioned bonds shall be payable out of the fund provided and created by this section, and there shall be raised, in each fiscal year after the issue of said last-mentioned bonds, by general taxation, an amount sufficient to provide necessaiy moneys in said fund to meet the payments of principal and interest of such last- mentioned bonds, and for that purpose it shall be the duty of the Comptroller to mclude and insert in the general fund estimates of the city in each year that said last-mentioned bonds shall be outstanding and unpaid, a sum sufficient to provide the necessary moneys for the fund created as above mentioned to meet the payments of principal and interest of such bonds. Thus amended by L. 1903, c. 45. ' This amendment added all from the beginning of the fourth sentence, '" If it shall appear at any time," to the end of the section. § 114. The owner of, or any person interested in, or having a lien upon any real estate sold for taxes and 76 REVISED CITY CHARTER. [Title IV. assessments, as aforesaid, may redeem the same at any time within nine montlis after the date of such sale, by paying to the Comptroller, for the use of the purchaser upon such sale, his heirs and assigns, the sum mentioned in the certificate given to him, and the interest on the amount of tax, additions, fees, interest, and expenses, at the rate of twelve per centum per annum, and on the balance of said sum at the rate of six per centum per annum, to be calculated from the date of such certificate, and in case such redemption shall be made after nine months, and before two years after the date of such sale, a further sum of ten dollars to pay for the expenses of searching, and i)ublishing, and serving the notices herein prescribed. After the expiration of two years from the date of sale the Comptroller may receive the deposit last above set forth, but shall not record the redemption of such lands until the certificate issued by him upon such sale shall be returned to him canceled by the purchaser or his assigns, or its loss proven. Notice shall be given by the purchaser of any real estate sold for taxes under the provisions of this act to the occupant, owner in fee, registered agent of the owner, attorney in fact, whose power of attorney is recorded, trustee, mortgagee, or his registered tax agent, judgment creditor or purchaser upon any other city tax sale of the same property whose certificate is lien on said premises, and the heirs and assigns of any or either of them, and the guardian of any infants having any interest therein, and on any other person having a lien or claim on the premises affected by such sale, at any time after the expiration of nine months from the date of such sale, except that it shall not be necessary to serve such notice upon the city of Buffalo or the county of Erie, or the holders of county tax sale certificates. Such notice shall either be written or partly written and partly printed, and shall state briefly the lot or parcel of land to be redeemed, the amount due at the time of sale, the amount for which the property was sold and the expenses of making searches thereon, Title IV.] REVISED CITY CHARTER. 77 the last day of redemption of any such real estate, and the office, or place, and hours when and where the money for such redemption can be paid, which office or place of business shall be in the city of Buffalo, and which hours shall be between nine o'clock in the forenoon, and four and one-half o'clock in the afternoon. The last day of redemption to be specified in said notice shall be not less than three months from the day of service of the same, nor prior to two years from the date of such sale. Such notice shall be served personally or left with some person of suitable age and discretion, at the residence or place of business of any and all persons entitled to such notice, if they or any of them reside in the city or have a place of business therein; and in case they or any of them do not reside or have a place of business in said city, then such notice shall be deposited, postage paid, in the post- office, addressed to them at the postofRce at or nearest to their known place of residence; and if the residence or address of any such person or persons be not known to the holder of such certificate, then such notice shall be deposited, postage paid, in the postoffice, addressed to them at the postoffice at or nearest to their reputed place of residence, and if, after dihgent inquiiy no in- formation can be obtained as to their last-reputed place of residence, then said notice shall be deposited, postage paid, in the postoffice, addressed to them at Buffalo, New York. The expenses of mailing, serving, and pub- lishing such notice shall be added to, and become a part of the amount required to be paid for the redemption of such real estate. The Clerk of Erie County shall, upon the application of any purchaser of any lot or lots, or his assignees, make a full and complete search of such prop- erty, including a tax search, setting out in full the facts upon the records of his office and elsewhere necessary to enable such holder to serve the notice herein required, and shall be entitled to charge therefor the sum of five dollars for a full and complete title search, and two dol- lars and fifty cents for a continuation of such search, and 78 KKVISED CITY CHARTER, [Title IV. one dollar for a tax search. It siiall he the duty of the Comptroller whenever any parcel of land shall, under the provisions of tliis act, be struck off to the city, to season- ably procure from the County Clerk the necessary searches to enable the city to perfect its title to said lands, and he shall, in his annual estimate for his depart- ment, include a sufficient sum to enable him to cany the same into effect. Thus amended by L. 1898, c. 280, Sec. 3, and L. 1902, c. 566, Sec. 1. § 115. If such real estate, or any part tli(;roof, be not redeemed as herein provided, the Comptroller shall execute to the purchaser, including the city, its or his heirs, successors or assigns, upon surrender of said cer- tificate, and upon the purchaser's taking and paying for an assignment of all outstanding prior tax liens held by the city upon the premises, a conveyance of the real estate so sold,which conveyance shall vest in the grantee an absolute estate in fee, subject to all claims which the city may have thereon for taxes or other liens or encum- brances. The Comptroller shall be entitled to demand and receive from such grantee, for the use of the city, the sum of one dollar for preparing such conveyance. Every such conveyance shall be attested by the Mayor and signed by the City Clerk, and the seal of the city attached thereto, and when so executed shall be conclusive evi- dence that the sale was regular, and also presumptive evidence that all proceedings prior to the sale, from and including the assessment of the lands sold, and that all notices required l)y law to be given previous to the expi- ration of the time allowed by law for the redemption thereof were regular according to law, and the provisions of this act. After six years from the date of such con- veyance such presumption shall be conclusive. Every certificate or conveyance executed in pursuance of this act may be recorded in the same manner, and with like effect as a deed acknowledged or proved before any Title I W] REVISED CITY (.HAKThK. 79 officer authorized by law to take proof and ackno\\-l- edgment of deeds. Thus amended by L. 1898, c. 280, Sec. 4. § 116. It shall be presumed that every tax levied and assessment made is valid and regular, and that all the steps and proceedings required by law were taken and had, until the contrary shall be made to appear. Any action or proceeding commenced by any person or per- sons to test the vahdity or regularity of any tax levied or assessment made, shall be commenced within one year from the time of the dehver}- of the roll in which said tax or assessment is contained to the Treasurer, and the first pubhcation of notice of receipt of same; the invalidity or irregularity of any tax or assessment shall not be avail- able as a defense to any action or proceeding commenced after the expiration of one year from the deliver}- of the roll and publication as aforesaid, for the collection of said tax or assessment, or for the enforcement of any right or title, by virtue of any sale thereunder, unless an action or proceeding to test the validity or regularity of such tax or assessment shall have been commenced within the time hereinbefore limited for commencing the same, and shall be still pending, or such tax or assessment shaU have been adjudged to be irregular and invahd. § 117. Whenever any purchaser under such sale, or his heirs or assigns, shall be unable to recover or retain possession of any real estate sold to him by reason of any irregularity or error in the assessment of any person or property, or the lewing of any tax thereon, or in any proceedings for the collection of any tax, the Common Council shall reimburse the purchase-money so paid, with interest, from the time of its pajmient, at the rate of .six per centum per annum, the amount thereof to be pre- sented and audited as other city charges, and paid by the Comptroller; and thereupon the Common Council shall order a reassessment of any amount or sum .so paid upon the same real estate or against the same person, 80 RKVIi^KD CITY riTARTER. [Title /F. Avliicli shall for all the })urposes of this act be deemed, and taken to be, an orighial general city tax or assess- ment as of the date of such reassessment. § 118. No action shall be brought or maintained upon any assessment for local improvements, except local assessments for sidewalks and crosswalks. The tax-roll, when delivered to the Treasurer, shall be presumptive evidence that all the previous proceedings, including the assessing and levying of the tax, were regular and ac- cording to law. § 119. Nothing contained in this act shall be held or construed as in any way affecting the validity or lien of any state or county tax heretofore levied or hereafter to be levied or assessed upon or against any lands in the city. § 120. The Common Council shall not, unless by unanimous vote, allow owners or others interested in lands sold to said city, for the non-payment of taxes or assessments, to redeem the same unless by the payment of the amount for which such sale shall have been made, and all accrued interest thereon, and the expenses prop- erly charged thereon. § 121. The Comptroller shall enter and record in his office his proceedings upon such sales, and all certificates granted by him, and all redemptions, and all proceedings whereby sales are defeated or discharged. He shall also file and record all notices of sales iniblished by him, to- gether with his own affidavit, or that of the publisher or foreman of the official paper, of the publication of such notices, and of all other notices which have been given by him; and he shall keep a record of all certificates and conveyances made by him under section one hundred and fifteen of this act. When land has been sold for the non- payment of city taxes prior to the twelfth day of May, eighteen hundred and eighty, and no deed or declaration of sale has been granted on such sale, the owner of such Title IV. 1 REVISED CITY CHARTER. 81 land may pay to the Comptroller the amount of the face of such sale, and the land shall from the date of such payment be free from any lien of said tax sale. The money so paid to the Comptroller shall be deposited in the general fund. The owner of any certificate of sale, the amount of which may have been paid to the Comp- troller as aforesaid, shall, upon surrender thereof, and upon due proof of ownership, be entitled to receive from the city the amount so paid without interest. Thus amended by L. 1901, c. 376, Sec. 1. This amendment added the latter part of the section, relating ' to land sold for taxes prior to May 12, 1880. § 122. When it shall be discovered that the proceed- ings in ordering or levying any tax, or in ordering or making any assessment, have been so irregular as to render them illegal and void, the Common Council may annul them, or may annul all of them subsequent to and including the irregularity, and may begin the proceeding anew, or from the point where irregularity occurred. § 123. When any lands are imperfectly described in any tax or assessment-roll, the Common Council may direct the assessors to correct the description. § 124. The assessors, at any time before the lands are advertised for sale for the non-payment of the tax or assessment, and not after, may correct the imperfect description. § 125. A mortgagee of lands situate in the city, who resides out of it, may appoint an elector of the city as his tax agent, in the manner provided in this act. Upon the presentation of such appointment to the Comptroller, he shall file the same, and register the names in a book to be kept by him for that purpose. § 126. The holder of a certificate of sale shall be allowed twenty-five cents for every notice to redeem necessarily served, twelve cents for every affidavit neces- sarily made and filed, and the amoUnt actually and 82 REVISED CITY CHARTER. [Title IV. necessarily paid for ])ublication, postage, and searches, not exceeding five dollars for a full and complete title search, and two dollars and fifty cents for a continuation of such search, and one dollar for a tax search. In case the city of Buffalo be the holder of such certificate of sale, such notice to redeem shall be served by a clerk, under the supervision of the Comptroller, and the fees allowed and collected for such service shall belong to the city of Buffalo, and be paid over to the City Treasurer. When the same person holds more than one certificate of sale on the same parcel of land, he shall be allowed for but one search. He shall make out a bill of the allow- ances claimed by him in items, naming the persons on whom the notices were served, and stating who was served as owner, mortgagee or occupant ; and shall annex to it his affidavit that the charges in the bill are just, and were necessarily incurred, and that the notices charged were not served upon any person whom the law did not require to be served. He shall annex such a bill to a copy of the certificate of sale, and file the same with the Comptroller. If there be any dispute in respect to the bill, the Comptroller shall adjust it. If any re- demption is made after the expiration of nine months from the sale, and before a bill of the allowances claimed has been filed, the person redeeming shall deposit with the Comptroller ten dollars. The Comptroller shall, with said ten dollars, pay the bill of allowances, when filed, which shall in no case exceed that sum, and return the surplus, if any, to the party who deposited it, on demand. Thus amended by L. 1898, c. 280, Sec. 5, and L. 1902, c. 566, Sec. 2. § 127. If any person having a lien by mortgage or judgment, upon lands sold for taxes or assessments, shall redeem them from the sale, he may add the amount paid to redeem to his mortgage or judgment, and enforce it with interest as part thereof. Title v.] REVISED CITY CHARTER. 83 § 128. Any person may pay any one or more taxes or assessments upon his property, leaving others unpaid, to be enforced in the manner provided by this act. TITLE V. Chapter I. DEPARTMENT OF ASSESSMENT. § 129. Board of Assessors.— There shall be a Depart- ment of Assessment, of which a board, to consist of three Assessors, shall be the head. Thus amended by L. 1902, c. 191, Sec. 1. This law reduced the number of Assessors from five to three. § 130, The five Assessors in office at the time this act shall take effect shall hold their office during the term for which they were elected respectively. The Assessor whose term of office shall first expire shall be chairman of the board. No persons shall be elected or appomted to succeed the two Assessors whose terms of office first expire, and in case of a vacancy in the office of either or both of said two Assessors, said office or offices shall thereupon cease and determine, and the remaining Assessors shall constitute the Board of Assessors. The terms of office of Assessors hereafter to be elected shall be so arranged that the term of office of one Assessor shall expire at the end of each odd-numbered year. At the election to be held'in the year nineteen hundred and five, two Assessors shall be elected, and they shall draw lots to determme who shall hold office for the full term of six years, and who shall hold office for four years. Thus amended by L. 1902, c. 191, Sec. 2. § 131. At each municipal election Assessors shall be elected to succeed those whose terms of office will expire before the next municipal election.. 84 REVISED CITY CHARTER. [Title V. Thus amended by L. 1895, c. 805, Sec. 11. § 132. A majority of the Board of Assessors shall constitute a quorum for the transaction of business. § 133. The Board of Assessors shall have the power of appointing and removing its subordinates. The number of subordinates, and their compensation shall be fixed by the Connnon Council. § 134. The Board of Assessors shall be the board of valuation and assessment for the city, and shall have such powers and perform such duties, in addition to those herein prescribed, as may be prescribed by general laws applicable thereto, and not inconsistent with the provisions of this act. Thus amended by L. 1902, c. 191, Sec. 3. The provision previously was that they should " have the powers and duties of Assessors of towns, except as otherwise provided by this act." § 135. No Assessor shall actually take part in appor- tioning the amount of a local assessment to be spread on any parcel of land in which he is interested, but he may take part in apportioning the other assessments in the same roll, and may sign the copy of the revised roll. If a majority of the Assessors shall be interested in the same parcel of land to be assessed in a local roll, the Mayor may appoint a sufficient number of electors of the city to act with the qualified Assessors in appor- tioning the amount of the assessment to be spread on such parcel. The persons so apjiointed shall take the oath of office which shall be annexed to the roll, and the copy of the revised roll shall be signed by them, as well as by the other Assessors, and they shall each receive five dollars a day for their services, which shall be paid out of the general fund. Thus amended by L. 1895, c. 805, Sec. 12. § 136. The Board of Assessors shall keep in their office maps and surveys of all the taxable real property Title v.] REVISED CITY CHARTER. 85 in the citA^, certified by the Chief Eiigmeer of the De- partment of Piibhc Works, which maps and surveys shall show the location and boundaries of each piece of taxable real property, as nearly as practicable, and the name of the owner, or of one of the owners as shown by the conveyance presented to them. The Assessors shall have the power, and it shall be their duty, to make nota- tions in pencil on such maps and surveys, showing changes in boundaries and ownership of the parcels of land indicated thereon, when such changes are made by deeds or subdivision maps filed for record in the office of the Clerk of Erie County, and not otherwise ; and such notations shall be deemed to be a part of such maps and surveys. If any change is made in the boundaries of a parcel or parcels of land as shown on said Assessors' maps and surveys, by deed or by subdivision map filed in the office of the Clerk of Erie County, the Assessors shall, before changing said boimdaries on their said maps and surveys, make a copy of said map or said parcel or parcels of land, which said copy shall de dated and certified by one Assessor to be correct, and shall be filed in the office of said board, and shall be deemed a part of said Assess- ors' maps and surveys. Reference shall be made to such maps and surveys in the annual assessment rolls, in all local assessment-rolls, in certificates of sale for unpaid taxes, in notices to redeem, and in all conveyances of property sold for unpaid taxes, and said maps and sur- veys shall be deemed a part of said assessment-rolls, certificates, notices, and conveyances of property sold. Reference to such maps and surveys in assessment-rolls may be made generally in the captions thereto. Every deed or other instrument of conveyance of lands in the city, and eveiy subdivision map of land fUed with the Clerk of Erie County shall, within forty-eight hours after said filing be presented by said County Clerk to said Board of Assessors, for the purpose of makmg the changes on their said maps and surveys asprovided for herein. If said County Clerk fails or refuses to present said deeds 80 REVISED CITY CHARTER. [Title V. or maps as aforesaid, he shall be personally liable to the city or to any person for any damages caused by said neglect or refusal. No map subdividing lots upon a new or proposed street, or purporting to show or dedicate a new street or proposed street, shall be filed in the office of said County Clerk or copied by said Assessors on their said maps and surveys, unless there is attached thereto a certificate of the Board of Public Works that said street has been duly accepted by the city pursuant to the pro- visions of section four hundred and two of this act. When lands have been marked upon the Assessors' maps in ink as a public street, avenue, alley or square, and a map or plot thereof has been filed in the Erie County Clerk's office by the owner, showing the same as a public street, avenue, alley or square, within fifteen years prior to the first day of Januaiy, eighteen hundred and ninety- five, or hereafter, and the same have been exempted from taxation at the instance, or with the consent of the owner, or where adjacent lands of the same owner have been conveyed and taxed, bounding on any such street, avenue, alley or square, the same shall be deemed to have been duly dedicated and accepted as such. Thus amended by L. 1895, c. 805, Sec. 13, and L. 1901, c. 376, Sec. 2. § 137. *Each ward shall be deemed a town for the purpose of returning jurors, and the Board of Assessors shall select and return jurors under article second, title three, chapter ten of the Code of Civil Procedure. ♦Superseded by L. 1895, c. 369, Sec. 2, creating the office of Commissioner of Jurors in Erie County. Chapter II. ANNUAL ASSESSMENT ROLL. § 138. The board shall prepare annual assessment- rolls of each ward, which shall consist of two parts. The first part shall contain the valuations of all the taxable lands of each ward, and in it the board shall set down : Title F.] REVISED CITY CHARTER. 87 1. The names of the owners of the taxable lands, so far as the same can be ascertained. 2. A brief description of said lands by reference to the Assessors' maps and surveys, and such further de- scription as the board may deem proper. 3. The full and tnie value of said lands, exclusive of improvements. 4. The full and tine value of the improvements on said lands. 5. The total value of said lands and improvements The board shall also set down in said rolls, the names of the owners of special franchises, such description of the special franchises as will be sufficient to identify them, and the value of the special franchises as fixed by the state board of tax commissioners. If the special franchise is located in more than one ward, it may be set down in the roll of any ward in which it is located. No tax on real property, or special franchises, shall be invalid by reason of any error or omission in naming the owner or owners in said roll, and no tax upon lands de- scribed by reference to the Assessors' maps and surveys shall be invalid by reason of any error m the description of said land, if it is sufficiently definite to locate said land upon the Assessors' maps and surveys. The second part shall contain the names in alphabetical order of all the inhabitants of the city, corporations, and associations, deemed taxable in each ward upon personal estate, and opposite to each shall be set down the full value or his or its taxable personal estate. It shall complete the rolls on or before the second day of January in each year, and thereupon publish a notice in the official paper, twice a week for two weeks, that said rolls have been completed, and may be seen and examined at its office until a day specified in said notice, not less than twenty days from the first publication thereof. The rolls shall be open to public inspection during such time. 88 REVISED CITY CHARTER. [Title V. Thus amended by L. 1901. c. 376, Sec. 3, and L. 1905, c. 90, Sec. 1. § 139. During such time apphcation may be made by any person considering himself to be aggrieved by the assessed valuation of his real or personal property, to have the same corrected. If such application be made in reference to the valuation of real estate, it must be in writing, stating the grounds of objection thereto, and thereupon the proper Assessor shall examine into the complaint, and if, in his judgment, the assessment is erroneous, the board may cause the same to be corrected. If the application be made in relation to the assessed valuation of personal estate, the a])plicant shall be examined under oath by an Assessor; and if, in his judg- ment, the assessment is erroneous, the board shall cause the same to be corrected. § 140. The rolls shall be carefully reviewed and cor- rected by the board. It shall make two copies of all rolls as revised and corrected, except that it shall not be necessary to include in said copies the separate valua- tions of said land and improvements, and shall attach thereto a certificate to the effect that they are correct copies of the rolls on file in the office of said board ; and on or before the fifteenth day of Februaiy, it shall file one copy of each roll in the Comptroller's ofhce, and shall deliver one copy of each roll to the clerk of the Board of Supervisors on or before the first day of October, which shall be the assessment rolls of the several wards for city, county, and state purposes. Thus amended by L. 1901, c. 376, Sec. 4; L. 1902, c. 191, Sec. 4, and L. 1905, c. 90, Sec. 2. § 141. The Board of Assessors shall have the power to rectify any error committed in the making up of the annual assessment-rolls, and of the assessments for local improvements, in the following cases only : 1. When the error is entirely clerical. Title v.] REVISED CITY CHARTER. 89 2. When there is a mistake in the name of the party- taxed or assessed. 3. When the real estate or the improvements thereon shall be erroneously described or stated. 4. When the property that has been assessed is by law exempt from assessment or taxation. 5. When a correction shall have been directed to be made in accordance with the provisions of section one hundred and thirty-nine of this act. § 142. When a tax or assessment has been or here- after shall be imposed upon real property, any owner or mortgagee of said property may apply to the Assessors to have such tax or assessment divided and apportioned upon different parts of said property. If the Assessors shall deem it proper and feasible to divide and apportion such tax, they may make a statement showing the man- ner in which the division and apportionment should be made. At any time prior to the first day of March in the year succeeding the year when such tax or assessment became a lien upon such property, or on said first day of March the City Treasurer or other official custodian of the roll in which such tax or assessment appears, upon the presentation to him of the said statement of the Assessors, shall receive and receipt for the tax or assess- ment so divided and apportioned, and make the proper entry thereof on the tax or assessment-roll. Thereupon the real property upon which the part paid is apportioned shall be discharged from the hen of the said tax or assess- ment. But after said first day of March the City Treas- urer or other official custodian of the roll, shall not re- ceive or receipt for any such tax or assessment so divided or apportioned, except as hereinafter, and in this section provided. Thereafter any such owner or mortgagee may present to the Supreme Court, at any special term thereof, held in Erie Comity, a petition asking that such tax or assessment be divided and apportioned upon diff rent parts of the property assessed, according to the state- 90 REVISED CITY CHARTER. [Title V. ment of the Assessors or othen\-ise. Such petition shall show the names of all the owners and mortgagees of said real property so far as the same are known or can be ascertained. The court may by order require the city and the owners and mortgagees of the property assessed to show cause why such tax or assessment should not be divided and apportioned. A copy of such order shall served personally upon the Corporation Counsel, and upon all the owners and mortgagees aforesaid within the state if known. The court shall give such directions as to the service of non-residents and unknown parties as it may deem proper. Upon the return day of such order to show cause the court shall hear the proofs and alle- gations of the parties appearing, and shall make such order as justice requires. If the court shall order the taxes or assessments divided and apportioned, it shall indicate the manner of division and apportionment. A certified copy of such order shall be filed with the officer having the custody of the assessment-roll, and also with the Assessors. An appeal from said order may be taken within ten days from the entry thereof, but not after- wards, by any person aggrieved. After the lapse of the time to appeal, any person may pay the tax or assess- ment or any part thereof as divided, and the real property upon which the part paid is apportioned shall be dis- charged from the lien of the said tax or assessment. All the proceedings with reference to said tax or assessment to such division and apportionment shall be the same, and with like effect as though the tax or assessment had been originally imposed as directed by said order, and a proper entiy shall be made on the tax or assessment- roll. This section shall apply to real property heretofore sold for non-payment of taxes or assessments for which a deed has not been delivered; but if such property has been sold to any purchaser other than the city, no order shall be made as provided by this section if the holder of the certificate of sale shall appear and object thereto. No tax or assessment shall be deemed invalid by reason Title F.] REVISED CITY CHARTER. 91 of being assessed upon real property which has been sub- divided or different portions of which are owned by- different persons, and the remedy of such persons shall be confined to division and apportionment of the tax or assessment as in this section provided. The Comp- troller, when adding a local assessment, or installment thereof, to the annual city tax rolls, shall, if necessary, apply to the Assessors to have such local assessment or installment divided and apportioned upon the different parcels of real property separately described in such annual city tax roll as nearly as may be, and the Assess- ors shall make such division and apportionment, and the said assessment or installment shall be added to the annual city tax rolls according to such subdivision or apportionment. A local assessment, or installment thereof, may be added to an annual city tax in any case where they are upon parcels of different boundaries but in part the same. Any owner or mortgagee of said property, or any part thereof, if not satisfied with said division and apportionment, may make apphcation to the court to have such assessment or installment divided and apportioned as provided in this section, at any time within ten months after the annual city tax in the roll to which such assessment or installment is added becomes a lien. Thus amended by L. 1899, c. 51 ; L. 1900, c. 707, Sec. 1, and L. 1907, c. 338. Chapter III. LOCAL ASSESSMENTS. § 143. The Common Council shall, unless otherwise provided by this act, estimate and fix the amount of money to be raised by assessment. § 144. All assessments shall be made by the Board of Assessors, and in the order in which they shall be esti- 92 REVISED CITY CHARTER. [Title V. mated and fixed, unless othenvise directed by the Com- mon Council. § 145. The board shall assess the whole amount ordered to be assessed upon the parcels of land bene- fited by the work, act or improvement, in proportion to such benefit, except in those cases in which, by this act, the assessment is to be made upon a different principle, and in those cases it shall make the assessment upon the principle prescribed in each case by this act. § 146. In the assessment-roll, it shall briefly describe the several parcels of land assessed as nearly as prac- ticable, and set down the amount in dollars and cents assessed on each parcel. § 147. If the name of any person is marked upon the books in the Assessors' office as the owner of any parcel, the Assessor shall enter it upon the assessment-roll, but their omission to do so shall not invalidate the assess- ment, and the inserting the name of a person deceased, alone or in connection with the words "estate of," for inserting the name of a person who is not the owner, shall not invalidate such assessment. §148. After the roll is completed the board shall publish, in the official paper notice thereof, and shall state that the roll will remain in the office of the board, open for inspection and revision, for ten days from the publication of such notice. Any number of rolls may be included in one notice. Such roll, or rolls, shall remain open for inspection and revision during the time specified in the notice. Thus amended by L. 1900, c. 707, Sec. 2. The provision previously was that notice of completion of these rolls should be published on the first Monday of every month. § 149. Any person owning land in the city, but resid- ing out of it, may appoint in writing, an elector of the city as his agent, to take care of the taxes and assess- Title v.] REVISED CITY CHARTER. 93 ments on his lands in the city. Such appointment shall be acknowledged. Upon the presentation of such appointment to the board it shall file the same, and register the name of the person making the appointment and the name of the person appointed, in a book to be kept by it for that purpose. The notice in glich case required by the following section, shall be addressed to such agent. § 150. It shall be the duty of the Assessors to procure and have prepared at the expense of the city, and there- after keep the same in the Assessors' office as a part of the records thereof, and accessible to the inspection of the pubhc, a book or books of registration of suitable form and properly bound, in which shall be entered by the Assessors opposite to each parcel of land, the name and address respectively of resident owners of lands lying in the city, and of agents of non-resident owners of lands lying in said city, who shall have been appointed as such in pursuance of the foregoing section, to whom notices relating to the assessment-rolls are to be directed by the Assessors, as hereinafter provided. Such book or books shall be prepared in the same form as near as may be, as that in which the annual assessment-rolls are required to be prepared. Every resident owner and every such designated agent of non-resident owners of lands lying in said city shall furnish to and for the Assess- ors at their office, for the purpose of having the same registered as above provided, his or her name, together with an address to which the notice to such person, relating to the assessment-roll, as provided for in this section, is to be directed by the Assessors; and each and every change of address shall forthwith be made known to the Assessors by said owners or agents, and thereupon said Assessors shall enter in said book or books of regis- tration the changed address. Every original or changed address shall be accompanied with a description of each parcel of land owned by such person, or the principal or 94 REVISED CITY CHARTER. [Title V. agent furnishing the same. The registers so kept by the Assessors shall show the date when the information herein required of the owners and agents in relation to their names and residences was furnished to the Assess- ors. When an assessment is to be made by the Assessors upon the parcels of land to be benefited by the work, act or improvement in proportion to such benefit, the Assess- ors shall, at least five days before the expiration of the time during which the roll is to remain in their hands for inspection and revision, deposit in the post-office in said city, postage prepaid, a notice directed to the sons whose names shall be entered on the roll, and which notice shall state that the roll, naming it, is on inspection and in eveiy instance where the persons so to be notified shall have complied with the requirements of this section by furnishing to the Assessors their names and residences or place to which such notices are to be directed by the Assessors, such notices shall be directed to the name and such address of the person to be notified ; in every other instance such notices shall be directed simply in the name of the person to be notified at Buffalo, New York. The validity or regularity of the service of any notice re- quired to be served by the provisions of this chapter shall not be questioned or dis])uted by any person who by this section, is required to furnish to the Assessors for registration his or her name and address, who shall refuse, fail or neglect so to furnish to the Assessors his or her name and address, or who shall refuse, neglect or fail to report any and eveiy change of address, should any such be made, as herein required. § 151. On the application of any person conceiving himself aggrieved, it shall be the duty of the board to hear and examine his complaint in relation to such assessment, and it shall be its duty to adjourn, from time to time, as may be necessary to hear and determine such complaint. I'itle v.] REVISED CITY CHARTER. 95 § 152. The board shall make and sign a copy of the revised roll, and attach to it proof, by affidavit, of the giving of the notices required by this act to be given by it, and deliver the same to the Corporation Counsel. He shall thereupon cause the same to be examined as to the regularity of the proceedings. If they are found to be regular he shall annex his certificate of the fact to roll, and deliver it to the City Clerk to be proceeded with; if they are found to be irregular he shall annex to the roll his certificate of the fact, specifying in what the irregularity consists, and lay the same before the Common Council. The Common Council may take such action thereon as it shall deem expedient. § 153. When an assessment-roll shall be dehvered to the City Clerk to be proceeded with, he shall publish a notice in five successive numbers of the official paper (Sundays and legal holidays excepted), that the roll, naming it, is in his office, and that objections to it may filed with him within ten days from the first publication of the notice. Any person interested in the roll may, within the time specified in the notice, file with the City Clerk objections to it, which objections shall be sub- scribed and verified by the objector or his agent. The City Clerk may include several rolls in the same notice. If no objections shall be filed within said time, the roll shall be deemed to be confirmed, and the City Clerk shall attach to it proof of the pubUcation of the notice required to be published by him, and his certificate that no ob- jections to it have been filed with him, and deliver the same to the Comptroller. Thus amended by L. 1893, c. 200. This amendment struck out a provision that, "The City Clerk shall report to the Common Council the rolls that have been con- firmed by the lapse of time." § 154. If objections shall be filed with the City Clerk to such roll, he shall at the first regular meeting of the Common Council after the expiration of the time for filing 96 REVISED CITY CHARTER. [Title V. objections, lay such roll arid the objections filed thereto before the Common Council, which shall, on that day or on such other day or days as it shall appoint, hear the objections and confirm the roll, or annul it, or refer it back to the Board of Assessors, to make a new assess- ment. § 155. Whenever an assessment shall have been sent back by the Conmion Council to the Board of Assessors to make a new assessment, the board shall forthwith pro- ceed to make a new assessment, in the same manner as is provided for original assessments. § 156. Upon the confirmation of any roll, the City Clerk shall attach to it proof of the publication of the notice required to be published by him, and his certificate that the roll has been confirmed, and deliver the same to the Comptroller. § 157. The Common Council may by resolution deter- mine that a street or any part thereof is not in suitable condition to proceed with a local improvement as a whole, and may direct the Assessors to divide the assessment- roll made or to be made by them to defray the expense of such improvement, and to make the same in two or more parts, to be designated and known, the first as part one, and the others by successive numbers, re- spectively, and may also direct that either of said parts shall remain in the ofHcc of the Comptroller after it shall have been delivered to him, or returned to him in case it had been dehvered to the Treasurer for such time as it may direct, not exceeding one year, then to be proceeded with pursuant to the provisions of this act. Thus amended by L. 1895, c. 805, Sec. 14. Before tliis aineiidmerit a roll could only be divided by a court order, granted on the resolution of the ("oninion Council. § 158. In all cases where the Common Council shall have power to order an assessment, and such asssesment shall finally be declared void by reason of any irregulari- Title VI.] RK VISED CITY CHARTER. 97 ties or defects occurring after such order, in an action or proceeding brought to determine the legahty of the same, the Board of Assessors shall forthwith proceed to make a new assessment for the work or improvement for which the void assessment was ordered; in the same manner as provided for original assessment. In case the Board of Assessors shall neglect for six months to make a new assessment, as herein provided, any citizen may bring an action to compel the Board of Assessors to make such new assessment, and the Assessors shall severally be Hable for the costs of such action. § 159. No lands in the city shall be exempt from local assessments. § 160. Whenever any person or corporation shall occupy any public ground or place of the city by per- mission of the Common Council, such person or corpora- tion shall be assessed by the Assessors for any local improvement benefiting the ground or place so occupied the same amount they would assess such ground or place if not so occupied; and when such occupant is so as- sessed, such public ground or place so occupied shall not be assessed for such improvement. The Comptroller may maintain an action in his name of office against any person or corporation for the amount of such assessment together with the interest and expenses thereon, and the cost of the action at any time after the Treasurer shall return to him as unpaid any such assessment. TITLE VI. DEPARTMENT OF LAW. § 161. There shall be a Department of Law, which shall have the charge and conduct of all the law^ business of the city and its departments. 98 REVISED CITY CHARTER. [Title VI. § 162. The Corporation Counsel shall be the head of the Department of Law. He shall be an attorney and counselor of the supreme court of at least eight years' practice, and shall hold his office for the term of four years, and until his successor shall qualify. Thus amended by L. 1895, c. 805, Sec. 15. The amendment changed the Corporation Counsel's term from three to four years. § 163. The Corporation Counsel shall prosecute and defend all actions and proceedings brought by or against the city or any of the departments. He shall, when requested, advise all the officers and departments of the city in respect to their powers and duties. He shall prepare proper forms of contracts, bonds and obligations, and of all proposals for public works. He shall also, when requested by the head of any department, prepare such legal instruments as may be needed by any such department. He shall also have the charge and conduct of all legal proceedings by which the city shall exercise the right of eminent domain. He shall also discharge such other duties as may properly pertain to the legal department of the city. § 164. The Corporation Counsel shall not receive to his own use any fees or emoluments in addition to his salary, and shall pay into the treasuiy all costs and com- missions collected by him; such payments shall be made monthly, and a report under oath be made at the same time to the Comptroller. § 165. The Corporation Counsel shall appoint two assistants, to be called respectively the Attorney and the Assistant Attorney, and file certificates of such appoint- ments with the City Clerk. He shall also appoint a managing clerk, a clerk, and a messenger, and such other subordinates as may be authorized by the Common Council. Title VI.] REVISED CITY CHARTER. 99 § 166. The Attorney shall be an attorney and coun- selor of the supreme court of at least four years' practice, and shall, under the direction of the Corporation Counsel, have charge of all the litigated business of the depart- ment. The Assistant Attorney shall be an attorney and counselor of the supreme court of at least two years' practice, and shall, under the direction of the Corporation Counsel, have charge of the examination of assessment- rolls. The managing clerk shall be an attorney and counselor of the Supreme Court, and shall, under the direction of the Corporation Counsel, have charge of keeping the records required to be kept in the Depart- ment of Law. They shall each perform such other duties as the Corporation Counsel may assign to them. § 167. Within ten days after the recovery of any judgment the Corporation Counsel shall file with the Comptroller a statement, showmg the amount of the judgment, the time of its recovery, in what court, and against whom it has been obtamed. § 168. Upon takmg office the Corporation Counsel shall be deemed to be substituted as attorney of record in all actions and proceedings in which the city or any of its departments is a party, and it shall not be neces- sary to enter any order to that effect. § 169. At the expiration of his term of office the Cor- poration Counsel shall deliver over to his successor all property of the city, or any of its departments, and all papers that shall be in his possession, and he shall not be retained by the city in any cases, except under extra- ordinary circumstances, and at the request of his suc- cessor, and with the approval of the Common Council and Mayor. § 170. There shall be kept in the Department of Law^ registers, in which shall be entered the title of every action and proceeding which the Corporation Counsel is required to prosecute or defend, and an abstract of the 100 REVISED CITY CHARTER. [Title VI. several steps taken therein, and the date thereof, and the result of such actions and proceedings. Such entries shall be made as soon as practicable after the action or proceeding is commenced, or the step taken. It shall be the duty of the Corporation Counsel to see that such registers show fully and correctly the status of each action and proceeding at the expiration of his term of office. § 171. It shall be the duty of the Corporation Counsel to cause all claims for personal injuries to be thoroughly investigated, and to that end he may take proof, examine witnesses, and require the claimant, with the privilege of counsel, to appear before, and be sworn by a judge of a court of record, the Mayor, or chairman of any commit- tee of either board of the Common Council, and answer orally any question relative to, or that may assist him in ascertaining the city's liability or the extent thereof, he shall advise the proper committee of the Common Council in respect thereto. The claimant may designate another time and place for the examination if he shall be physically unable to so appear. Such examination shall be held within forty days after the presentation of such claim, but the time therefor may be further extended by any judge of a court of record on notice to both parties. No action shall be commenced on any such claim where such examination has been required until the same is held. There shall also be kept in the Department of Law an accident report book, in which the Corporation Counsel shall cause to be entered the names of all persons reported to him, or coming to his knowledge, as having received injuries for which claims are likely to be pre- sented against the city, together with the names and residences of the witnesses, and the time and place of the accident, and he shall cause to be entered therein from time to time, the names and residences of all witnesses and a statement of all facts that shall be discovered by him or shall come to his knowledge concerning each of Title F/.] REVISED CITY CHARTER. 101 said cases. Such accident report book shall only be open to the inspection of the Mayor or Common Council. Thus amended by L. 1895, c. 805, Sec. 16. This amendment added the last sentence and also the provi- sions for the examination of the claimant and witnesses under oath. § 172. The Attorney shall, in the absence or inability of the Corporation Counsel to perform the duties of the office, and during a vacancy therein, perform the duties thereof; before entering on the office he shall take the oath of office prescribed by the constitution, and execute with sureties, and file with the City Clerk a bond or under- taking in such sums as shall be fixed by ordinance, con- ditioned for the faithful performance of his duties, and the payment over of all moneys received by him. § 173. The Corporation Counsel, on assuming office, shall ffie with the Comptroller an inventory of all records and books belonging to the city that shall come into his possession, and shall report to the Comptroller all addi- tions thereto, and he shall be responsible to the city for the delivery over to his successor of all such books and records. § 174. The Corporation Counsel shall give a bond with two sureties, in such sum as shall be fixed by ordi- nance for the faithful performance of the duties of his office. § 175. The Corporation Counsel shall annually trans- mit to the Common Council at its last session in each year, a report of the business done in the Department of Law durmg the year. § 176. The Corporation Counsel in office at the time this act takes effect shall continue to be the Corporation Counsel for the balance of the term for which he was elected. § 177. A failure to comply with sections one hundred and seventy, and one hundred and seventy-one of this act 102 REVISED CITY CHARTER. [Title VII. shall be deemed a misdemeanor, and shall be punishable by fine not exceeding one thousand dollars. § 178. The Common Council may, from time to time, on the written recommendation of the Corporation Coun- sel, authorize the Comptroller to borrow, temporarily, a sum sufficient to pay any judgment against the city, or any claim against the city which has been settled or conipromiscd, and not arising upon contract. § 179. The Common Council shall, in each year, place in the estimates a sum sufficient to pay the amount so borrowed the next preceding year, and the interest thereon. TITLE Vn. Chapter I. DEPARTMENT OF POLICE AND EXCISE. § 180. There shall be a Department of Police, and a Department of Excise* which shall have charge of all police and excise* matters of the city. No person hold- ing office under this title shall be liable to jury or military duty. *Sup('r.secl(>d by L. 1896, c. 112, the I.iquor Tax Law. Thus amended by L. 1893, c. 437, Sec. 1, and L. 1894, c. 35. The above is identical with Section 180 of t?ie charter as origi- nally adopted. L. 1893, c. 345, amended Sections ISl, 1S2, and 183 by legislating out of ofhce the Commissioners then in oliicL',and providing that their successors, to be named within ten days, and all Commissioners thereafter to be appointed, should be named by the Mayor, the Comptroller, and the President of the Common Coun- cil, or a majority of them; this law took effect April 12, 1893. April 20, 1893, the Governor signed L. 1893, c. 437, which added the following to Section 180, as above printed: " Within ten days after the passage of this act the Comptroller of said city shall appoint three Commissioners of Police, who shall hold oflice respectively for the terms of four, five, and six years. They shall also act as Excise Commissioners for said city. At no time shall tliere be more than two Commissioners of Police from the same political party. Title VII.] REVISED CITY CHARTER. 103 All acts and parts of acts inconsistent with this act are hereby- repealed. Said Commissioners are not required to give bonds. ' ' The amendment of 1894 legislated out of office the Commission- ers appointed in 1893, and restored this and the next three sections to their original form. § 181. The Department of Police shall consist of a Board of Police, a police force, and of such clerks and employees as are authorized by this title to be appointed. The Board of Police shall consist of the Mayor, ex-officio, who shall be the president of the board, and preside at its meeting when present, and two Commissioners of PoUce, who shall be appointed as hereinafter provided. But nothing in this title contained shall be deemed or construed as making it obligatory upon the Mayor to attend the meetings of said Board of Pohce, except when requested m writing by the Commissioners of Pohce or either of them. *The Department of Excise shall consist of a Board of Excise, and of such clerks and employees as are authorized by this title to be appointed. The Board of Excise shall consist of the two Commis- sioners of Police, acting as Commissioners of Excise. ♦Remainder of this section superseded by L. 1896, c, 112, Liquor Tax Law. Thus amended by L. 1893, c. 345, Sec. 2, and L. 1894, c. 35. See note to Section 180, above, for effect of amendments. § 182. Within thirty days after the passage of this act the Mayor of the city of Buffalo shall appoint two Com- missioners of Pohce, who shall hold office for the terms of five and six years, respectively, from the date of their appointment, and until their successors shall quahfy and enter upon the duties of their office. The certificate of appointment shall designate the term for which each of said Commissioners is appointed, whether five or six years. Upon the appointment and qualification of such Commissioners of Pohce, the terms of office of all the present Commissioners of Pohce shall cease. One of said Commissioners shall be designated by the board as Acting 104 REVISED CITY CHARTER. [Title VII. Commissioner. The Acting Commissioner shall in the absence of the j^resident, possess the power and perform the duties of the president, and shall serve as Acting Commissioner until his term of office as Commissioner shall expire, or until another Commissioner shall be designated as the Acting Commissioner. A Commis- sioner of police shall thereafter be appointed by the Mayor at the expiration of each term of office, who shall hold his office for the full term of six years, and until his successor has qualified and entered upon the duties of his office; at no thne shall there be two Commissioners of Police from the same political party. Thus amended by L. 1893, c. 345, Sec. 3, and L. 1894, c. 35. See note to Section 180, above. § 183. Each Commissioner of Pohce, before entering upon the duties of his office, shall subscribe and take before the City Clerk, the oath of office required to be taken by judicial officers, which oath shall be filed in the office of the City Clerk. If a vacancy shall occur in the office of Commissioner of Police from any cause other than the expiration of the term, the Mayor shall appoint a person to fill such vacancy, who shall hold office by virtue of such appointment for and during the unexpired term of the Commissioner w^hom he shall succeed, and until his successor shall qualify and enter upon the duties of his office. The Commissioners of Police shall be citizens of the United States, and electors of the city of Buffalo, and shall have resided in the city for at least five years next preceding their appointment . Thus amended by L. 1893, c. 345, Sec. 4, and L. 1894, c. 35. See note to Section 180, above. Chapter II. THE DEPARTMENT OF POLICE. § 184. The Commissioners of Police shall receive such annual salary as may be fixed by the Common Council Title VII.] REVLSKD CITY CHARTER. 105 by ordinance. They shall not be interested in the pur- chase or sale of any lands for police purposes, in the con- struction or repair of station houses, nor the manufac- ture, purchase or sale of any article in the department. If any such Commissioner shall be so interested, or shall neglect his ofhcial duties, or be guilty of malfeasance or misconduct in office, he shall be removed by the Justices of the Supreme Court resident in the county of Erie, but no removal shall be made unless upon charges, or unless the party charged shall have been served with a copy of the charges, and have an opportunity to be heard. Such charges may be presented to a Justice of the Supreme Court, resident in Erie County, who shall fix a time and place for the hearing thereof, not less than twenty days after the presentation thereof to him, and shall notify or cause to be notified all the other Justices of the Supreme Court, resident in Erie County, of the presentation of such charges, and of the time and place fixed by him for the hearing thereof, and it shall be the duty of the said Justices to assemble at the time and place so fixed, and hear and determine the same, but no Commissioner shall be removed from office upon any charges except by the affirmative votes of a majority of all the said Justices of the Supreme Court, resident in Erie County. Such hearing shall be in the city of Buffa- lo, and the accused shall have an opportunity to present evidence in his own behalf, and to be represented by counsel. The Board shall hold meetings as often as may be necessary, and shall make rules to govern its proceedmgs. Thus amended by L. 1892, c. 379; L. 1894, c. 35, and L. 1899, c. 587. The act of 1892 amended the first sentence by reqiuring the Common Council to meet immediately in joint session and fix the salary of the Police Commissioners. The act of 1894 changed the first sentence back to its original form, as above. The act of 1899 transferred from the Appellate Division to the Justices of the Supreme Court in Erie County the power to remove the Police Commissioners on charges. 106 REVISED CITY CHARTER. [Title VII. § 185. Tlie Board shall ha\'c charge of all the prop- erty of the department, of the purchase of the supplies used by the department, and of the repairs necessaiy to any of the property under its control, except the repairs of police buildings, which shall be in charge of the De- partment of Public Works, and be done on the recom- mendation of the Police Department and order of the Common Council. The Department of Public Works shall provide such office and business accommodations, station-houses, sub-station-houses, and other buildings, as the Department of Police may from time to time deem necessary for the transaction of the business of the de- partment, and as may be ordered by the Common Coun- cil, and the Police Commissioners may establish stations, and station-houses, and sub-station-houses, at least one in each precinct, for the use of the pohce force, and as places of detention for persons arrested; and for that purpose it may appropriate and use any police station used as such aj; the time this act takes effect. The Board shall, as speedily as possible after this act becomes opera- tive, designate at least three of such station-houses at which all women arrested in the city shall hereafter be detained, in each of which said station-houses a matron shall be appointed, in accordance with the provisions of chapter four hundred and twenty of the laws of eighteen hundred and eighty-eight. And it shall be the duty of said Commissioners to see that the provisions of that act are carried out with reference to the care and detention of all women arrested in the city, so far as the same may properly come within their province and duties as such Commissioners. § 186. The Board shall possess and exercise all the powers conferred by law^ upon the Mayors of cities, and the sheriffs of counties in requiring the services of the ■ militaiy in aid of the civil authorities to quell riots, sup- press insurrections, protect property, and preserve public tranquility; and in case the Board shall neglect or refuse Title VII.] REVISED CITY CHARTER. 107 to act, the Mayor may exercise any of the powers given by this section to the Board. § 187. The Board shall appoint the following sub- ordinates, who shall constitute the police force of the city: A superintendent of police; three inspectors of pohce; also one captain, three sergeants and three desk sergeants for each precmct, a surgeon of pohce, a clerk of the Board, and such number of patrolmen as the Com- mon Council shall authorize, and patrol wagon drivers, not less than three for each patrol wagon district to be established by the Board, and a superintendent of horses, who shall have the rank and pay of a sergeant; and all hostlers and prison van drivers now in the employ of the Pohce Department, and such others as shall hereafter be appointed by the Board of Police. One of the inspectors of police shall be designated by the Board to act as the head of the detective bureau of the police force, and while serving m such capacity he shall be known officially as chief of detectives, and shall receive in addition to his salary as an inspector of police, the sum of two hmidred dollars annually while serving in such capacity. In case of the absence of the superintendent of police, or in case of a temporaiy vacancy in the office of superintendent of police, after the abolition of the office of assistant super- intendent of pohce, as provided in this act, the Board shall designate one of the inspectors of police to perform the duties of such office durmg such absence of the super- intendent, or during the temporaiy vacancy in such office. The term "desk sergeants" in this act covers all members of the force who were appointed under the name of ''doormen" or "operators." The Board may also appoint, m addition to the police force, such clerks and employes as it may deem necessary for the proper management and working of the department. It may reduce to a lower grade or rank all members of the pohce force, and all other employes as hereinafter provided. The officers and other members of the police force who 108 REVISED CITY CHARTER. [Title VII. are in office when this act takes effect shall continue in office, and hold their respective positions, unless reduced in rank or removed pursuant to the provisions of this act. Lieutenants in charge of precincts at the time this section of this act takes effect shall remain as members of the police, and shall rank as captains of their respective pre- cincts, but may be removed or reduced in rank by the Board, as provided in section one hundred and ninety- two of this act. Thus amended by L. 1893, c. 437, Sec. 2; L. 1896, 184, Sec. 1; L. 1900, c. 656, Sec. 1; L. 1902, c. 551, Sec. 1, and L. 1904, c. 395, Sec. 1. The amendment of 1893 increased the number of Sergeants in every precinct froin two to three. The law of 1896 added to the force two inspectors and a superintendent of hors(\s. The law of 1900 gave the title of "desk sergeant" to the position formerly known as "doorman." The law of 1902 brought liostlers and prison van drivers within the emuneration of members of the force. The 'aw of 1904 abolished tlie positionof Assistant Superintendent, and increased the niunber of inspectors from two to three, pro- viding for the designation of one inspector to be Chief of Detectives, and the designation of any inspector as Acting Superintendent during the absence or disability of the Superintendent. § 188. The city shall be divided into not less than two inspection districts, and not less than eleven nor more than fourteen police precincts, in the discretion of the Board. The boundaries of such precincts shall be fixed by the Board. The Common Council, upon the recommendation of the Board, shall have power to in- crease the number of precincts, and when so increased the Commissioners shall appoint one additional captain of police, three sergeants, and three desk sergeants for each new precinct so established. Thus amended by L. 1893, c. 437, Sec. 3; L. 1896, c. 184, Sec. 2, and L. 1900, c. 656, Sec. 2. § 189. The Board shall designate the number of patrolmen to be assigned to each of said precincts, and ' shall divide said nimiber of patrolmen into three platoons; no two of such platoons to be on duty at one and the same time, nor shall they wear uniforms when not on Title T7/.] REVISED city charter. 109 actual patrol duty, except when iii the discretion of the Board, public demands are such as require the aid and assistance of a second platoon, or the Board may, in its discretion on such occasions, order on duty all of said three platoons. It shall, annually, grant to each and every member of the department a vacation of not more than ten successive days with pay. It shall also grant to each and every member of the department one day's leave of absence in each month, with pay, beginning at six o'clock in the evening of the one day, and ending at six o'clock in the evening of the following day, when such leave of absence is granted. The said Board shall have the power and authority to suspend such leave of ab- sence when public demands are such as require the assistance and aid of such member. Thus amended by L. 1893, c. 437, Sec. 4, and L. 1896, c. 184, Sec. 3. The law of 1894 introduced the three-platoon system in place of the former system of two platoons. The law of 1896 struck out a provision for the detail of one captain as drillmaster and one as inspector with additional pay for each, and provided instead for two inspectors under Section 187, above. § 190. The Board, with the concurrence of the Com- mon Council, shall fix the salaries of all its officers and employes. All salaries in this department shall be paid semi-monthly, as follows: The Board shall cause to be made out and presented to the Common Council, semi- monthly, a full and true statement of the amount of salaiy due each of the members of the Board of Police, the police force, the clerks and employes of said depart- ment. No person shall hereafter be appointed a captain who has not been a member of the pohce force for at least two years. In the absence of the surgeon of police, and when no city physician can be obtained, any physi- cian called by a member of the pohce force to render medical or surgical aid to a person unable to pay for such services, when the case is one which the surgeon of police would be required to attend, shall be entitled to reason- able compensation for such services, to be audited and 110 REVISED CITY CHARTER. [7\'llc VJI. allowed by said Board, and paid in the same manner as the members of the police force are paid. Thus amended by L. 1896, c. 45. Before this amendment the salaries were paid monthly. § 191. The Board shall make all appointments of patrolmen from among those applicants only who shall have passed the examination prescribed by law^; but no person shall be appointed to any place or office in the said police force, or continue to hold such place or office, who is not a citizen of the United States, or who has ever been convicted of crime punishable by confinement in a state prison, or who can not read and write under- standingly, or who shall not have resided within the city during three years next preceding his appointment. Ser- geants shall be appointed from among the members of the force. The superintendent shall detail for detective duty such patrolmen not exceeding twelve in number unless authorized by the Commissioners to detail a great- er number as he shall, from time to time select. The patrolmen so detailed shall compose the detectives of the force, and during the time said patrolmen are detailed for detective duty they shall have the rank and pay of sergeants, and be known as detective sergeants, and each of them may receive for such detective service an addi- tional salaiy not exceeding two hundred dollars per annum, to be fixed by the Board, with the consent of the Common Council. Thus amended by L. 189G, c. 184, Sec. 4. This amendment changed the residence requirement from one to three years, and added tJie provision giving additional rank and pay to patrolmen detailed for detective duty. § 192. All members of the police force, clerks, and employes, shall hold office during good behavior, and shall be liable to removal or reduction in rank only after written charges shall have been preferred against them, according to the rules and regulations of the Board, and the same shall have been publicly heard and examined Title VIL] REVISED city charter. HI after notice to them thereof by said rules and regulations; such charges shall be made under oath. The Board may suspend from pay or duty, or both, any member of the force or other persons appointed by said Board, but not longer than thirty days from pay at one suspension. If such suspension shall be for more than ten days the Board shall make and file with the clerk of the Board decision in writing, setting forth the grounds for such suspension. Thus amended by L. 1893, c. 345, Sec. 5, and L. 1894, c. 35. § 193. The Board may, upon any emergency or ap- prehension of a riot, pestilence or invasion, appoint as many special patrolmen, with or without pay, from the electors of the city, as it may deem advisable; and dur- ing any day of public election, and the day preceding and succeeding any such day of public election, it may appoint, to perform duty in the city, as many special patrolmen as it may deem necessary, with or without pay. Special patrolmen appointed with pay shall receive such sums for their services as may be fixed by the Board, not exceeding three dollars per day. The Board may, upon the application of any person or corporation, showing the necessity therefor, appoint special patrolmen to do spe- cial duty as required by the apphcant for such appoint- ment, but such special patrolmen shall not be entitled to any compensation from the city; nor shall any appoint- ments of special patrolmen be made upon the apphcation of any person or corporation until after the applicant shall have secured and indemnified the city and the Board against all claims and demands for such services, or growing out of any acts done or committed by such special patrolman, in such manner as shall be pro\'ided by the rules and regulations of the Board. The special patrolmen named in this section shall hold office during the pleasure of the Board, and during their term of ser- vice as such patrolmen shall possess all the powers and 112 KKVISED CITY CIIAKTKU. [Title VII. privileges, and perform all the duties that may be from time to time prescribed by the rules and regulations of the Board, and during their respective terms of service the said special patrolmen shall be subject to such rules and regulations. § 194. The government and discipline of the Depart- ment of Police shall be such as the Board shall prescribe. The Board shall enact, and modify or repeal from time to time, rules and regulations for the management and administration of the Board, and for the government and discipline of the police force, and of the subordinates un- der its control, which rules and regulations shall pre- scribe the modes of appointments to and removals from office, and also define the duties of the members of the police force. The Board shall also enact rules and regu- lations to prevent undue detention of persons arrested by and in the custody of members of the force. The orders, rules and regulations authorized by this act, when duly made, enacted or adopted by the Board, shall have the same force and effect as if herein specially enacted; provided that the said rules and regulations shall not be in conflict vrith the laws of this state or of the United States. The Board shall also prescribe the uniform, badges, and emblems of office and equipments, to be worn by members of the force, and may provide that the same may be repaired or replaced by the department when they are injured or destroyed in the proper and necessary discharge of duty. § 195. Any member of the Board or the superin- tendent shall have power to issue criminal warrants in all cases after entertaining complaints, making the same returnable before the police justice or one of the justices of the peace of the city of Buffalo; and they may each commit for examination. The Board and the clerk of the Board shall each have power to issue sub- poenas attested in the name of its president, to compel the attendance of witnesses, and the production of books Title F//.] REVISED CITY CHARTER. 113 and papers upon any proceeding authorized by this act, and by said rules and regulations; and witnesses for whom subpoenas shall be issued shall not be entitled to any fees. Each Commissioner, the superintendent and the clerk of the Board is hereby authorized and em- powered to administer affirmations and oaths to any person summoned and appearing in any matter or pro- ceeding authorized as aforesaid, or to take any deposi- tion necessary to be made under the rules and regula- tions of the Board, or in conducting the business of the department ; and any willful ^nd corrupt false swearing, by any witness or person, to any material fact in any necessary proceedings under the said rules and regula- tions, or under this act, shall be deemed perjury, and be punished in the manner now prescribed by law for that offense; and in case any person subpoenaed under this section shall fail to or refuse to obey such subpoena, or refuse to take, when required, the proper oath or affirma- tion, or to answer any proper question, or to produce such books and papers, the Board may apply to any court of record or judge or justice thereof for an order to compel attendance, and punish disobedience; and any process issued under the provisions of this section may be served or executed by any member of the force except the one issuing the same. § 196. The members of the police force shall possess, within the state of New York, all the common law and statutory powers of constables, except that of serving civil process ; and any warrant for search or arrest issued by any magistrate of the state may be executed in any part thereof by any member of the force. The actual and necessary expenses incurred by any member of the force, when directed by the superintendent, board of police or district attorney of the county of Erie in serv- ing or executmg any process, or endeavoring to detect, discover, or arrest, or procure the extradition of, any per- petrator of crime against the laws of the state, including 114 REVISED CITY CHARTER. [Title VII. the expense of legal counsel without the state, or discover or reclaim any stolen property, shall be a charge against the county of Erie; and the account of such expenses shall be made out in detail, and verified by the oath of the party to whom the same is due to the effect that the sums therein charged have been actually and necessarily paid out by him, and the amount thereof when audited and certified by the Board shall be presented to the Board of Supervisors of the county of Erie, to be audited and paid as the other county expenses are audited and paid. § 197. For the purpose of providing for the expenses mentioned in the preceding section, and for a secret service fund, the Common Council shall advance to the superintendent, out of the police fund, such sums as the Board shall from time to time recommend, not exceeding in the aggregate three thousand dollars in one year. § 198. The superintendent shall, at all times, cause the ordinances of the city to be enforced. The police force, at all times, within the city, shall preserve the public peace, prevent crime, detect and arrest offenders, suppress riots and insurrections, protect the rights of per- sons and of property, guard the public health, preserve order at every primary and public election ; report all the dangerous places and obstructions in, and encroachment upon the streets to the Department of Public Works, remove such nuisances existing in public streets, roads, places and highways as the Board of Police or the Board of Health shall direct; suppress disorderly houses and houses of ill-fame, arrest all street beggars, and violators of law, assist the firemen and protect them in the dis- charge of their duties; assist, advise and protect stran- gers and travelers in the public streets, at steamboat and ship landings and railway stations; and, enforce every law and ordinance for the suppression and punishment of crime. Title VII.'\ REVISED CITY CHARTER. 115 § 199. Each member of the pohce force shall have authority, immediately and without process, to arrest and take into custody any person who shall commit, or threaten, or attempt to commit, in his presence cr within his view or knowledge, any breach of the peace, or any offense prohibited by the laws of this state, or by any ordinance of this city. He shall forthwith convey every person arrested by him before one of the justices of the peace, to be dealt with according to law. But if no jus- tice of the peace is holding court, then the offender may be detained in the station-house until the pubhc sitting of the police justice, before whom he may be tried or held to bail, and he shall then be conveyed without delay, before such police justice, to be dealt with according to law. While at any station-house such person shall be furnished with necessary and proper food ; and the Board of Police shall include a sum to meet the expense thereof in its annual estimate, and such expense shall be a charge against the county of Erie. § 200. The Board shall issue to each member of the police force a proper warrant of appointment, signed by the Board, and countersigned by the clerk, which warrant shall contain the date of his appointment and his rank. Each patrolman detailed to duty as a detective shall have issued to him a written order of detail, signed by the superintendent, and countersigned by the clerk of the Board, and the revocation of such detail shall be issued in like manner. Each member of the police force shall, before entering upon the discharge of his duties, take and subscribe the usual constitutional oath of office before one of the Commissioners. § 201. The superintendent shall, before entering upon the duties of his office, execute to the city, and file in the office of the City Clerk a bond, the penal sum of which shall be fixed by the Board, with two or more sufficient sureties to be approved by the Mayor, conditioned for the faithful performance of his duties as such superin- IIP) REVISED CITY CHAKTKH. [Title VII. tendent, and for the accounting for and jxiyniont of all moneys that shall come into his hand, or under his con- trol as such superintendent. The Board shall also re- quire security to be given by the assistant superintendent, the clerk, and such members of the force as it ma}^ desig- nate, for the faithful performance of their respective duties. *During the absence from the city or other in- ability of the superintendent, the assistant superinten- dent shall perform the duties of that office. The Board may prescribe and regulate the duties of the superin- tendent, and the assistant superintendent,* and other officers and members of the poHce force, conformatory to the provisions of this act. ♦Superseded by L. 1904, c. 395, Sec. 1, abolisliing the office of Assistant Superintendent. See Sections 187, 189, above. § 202. Every criminal process issuing out of any police court, or from any justice of a court not of record residing in the city, shall be served or executed l^y a member of the police force, and not otheiwise ;*but the Board shall detail as many patrolmen as may be neces- saiy, and as the sheriff of Erie County shall require, to attend the terms of the Superior Court of Buffalo, and no constable or deputy sheriff shall be paid by the city or county for any services in said court. The necessaiy expenses incurred in the execution of any criminal pro- cess within the city and county shall be a charge against the county of Erie, and the amount thereof when cer- tified by said Board, shall be audited and paid in the same manner as other county charges. ♦Remainder of tliis section superseded by Constitution of tlie State, adopted in 1894, abolishing the Superior Court of Buffalo. § 203. The Board shall cause to be kept, general complaint books, in which shall be entered any complaint of a police nature, with the name and residence of the complainant. The superintendent shall cause to be kept books of registration of lost, missing, and stolen prop- erty, and books of record, wherein shall be entered the name, age and residence of every member of the police \ Title VII.] REVISED CITY CHARTER. 117 force, and such other matter as may be prescribed by the Board; also such other records as the Board may deem necessary. § 204. The superintendent shall exercise general pohce supervision and inspection over all pawnbrokers, junkshop keepers, cartmen, hackmen, dealers m second- hand merchandise, intelhgence-office keepers, and auc- tioneers of watches and jeweliy, and all other licensed places in the city. The superintendent and captains within their precincts may, by authority in writing, em- power any member of the police force who shall be in search of property feloniously obtained, or of suspected offenders, to examine the books and business premises of any pawnbroker, and the business premises of any junkshop keeper, dealer in second-hand merchandise, or intelligence-ofRce keeper. Any member of the force so authorized, and having in his possession a pawnbroker's receipt or ticket, may examine the property purported to be pawned or deposited on the receipt or ticket; but no such property shall be taken from the possessor thereof without due process or authority of law. § 205. If any member of the police force, or if any two or more householders shall report in writing, over his or their signature to the superintendent that there are good grounds, and stating the same, for believing that any house, room or premises within the city is kept or used as a common gaming-house, common gaming-room or common gaming premises, for the play- ing for wagers or money on any game of chance, or is kept or used for any lewd or obscene pubhc amusement, or the deposit or sale of lottery tickets or lottery poli- cies, it shall be lawful for the superintendent to authorize any member or members of the police force to enter the same. The member so authorized shall forthwith arrest all persons there found offending against any law, and shall seize all implements of gaming, lottery tickets and lottery policies found therein, and convey any person 118 REVISED CITY CHARTER. [7'///^ VII. SO arrested before the police justice, and bring the articles so seized to the office of the superintendent. It shall be the duty of the superintendent to cause the arrested person or persons to be rigorously prosecuted and the seized articles to be destroyed. § 206. The superintendent shall detail, on the day of any election in the city, and on the night and day follow- ing, if necessaiy, one or more patrolmen to each election poll, who may have access to the room or place in which the ballots are being received and counted. *The Board shall provide ballot and other boxes, for use at any elec- tion in the city, and provide for the custody of such boxes at all times, except during the taking, receiving, and counting the ballots. The city shall pay the expenses of procuring and taking care of such boxes as are used at elections. ♦Remainder of this section superseded by L. 1896, c. 909, the Election Law. § 207. The superintendent shall take proper meas- ures to have elections conducted in an orderly and fair manner, as provided by the election laws of the state. § 208. No fees or compensation whatever shall be charged or received by any member of the police force, except from the city or county for the arrest, confine- ment or discharge of any person, or for mileage and travel, or for serving any process, or for discharging any other duty required by this act, without the consent and approval of the Board, nor shall any such fee or compen- sation be charged or received by any officer or citizen for the arrest of any person charged with crime, or for the service of any process in any criminal case, without such consent and approval. The actual, necessary, and rea- sonable traveling expenses, which shall include board as well as transportation, incurred by any member of the police force, or by any citizen who may have been selected to execute any process issued within the city, in executing any such process or discharging any duty required of him Title VI I.] REVISED CITY CHARTER. 119 by the district attorney of the county of Erie, or by any poUce justice, judge of a court of record, or criminal court, held within the city, shall be audited and allowed by the Board of Pohce, and be paid by the superin- tendent, but such charges shall only be allowed upon the affidavit of the person making them that such ex- penditures have been actually and necessarily made, and shall not include any items for traveling expenses in cases wherein transportation has been furnished to the party gratuitously. § 209. The superintendent may, upon application in writing, setting forth under oath sufficient reasons, issue to any person a permit in writing to carry a pistol or pistols in the city. If such person shall be a private watchman, whose employers recommend the issuing of such permit, and whose duties may require the use of such weapon or weapons, such permit shall be issued without charge. For all such other permits issued, said superintendent shall charge and receive an annual fee of two dollars and fifty cents, in advance. Such permit shall not continue in force for more than one year, but may in the discretion of the superintendent be revoked, or renewed from time to time upon the payment in advance of the fee of two dollars and fifty cents for each year. The superintendent shall keep a register, upon which shall be entered the name, residence, and occupa- tion of eveiy person to whom he shall issue such permit, the date of issue or renewal, and the fee received for the same; and all the fees so received by him shall be deposited monthly in the city treasury to the credit, and for the use of the police pension fund hereinafter mentioned. No person, other than members of the police force, regularly elected constables, the sheriff of Erie County, and his duly appointed deputies, shall, in the city, carry concealed upon or about his person, any pistol or revolver, or other dangerous weapon or weapons, without having first obtained a permit, as hereinbefore provided; and such permit shall be produced and ex- 120 REVISED CITY CHARTER. [JHtle VII. hibited by any person holding the same, upon the re- quest of a member of the pohce force. A violation of any of the provisions of this section shall be a misde- meanor and punishable as such; and all fines imposed and collected for such violation shall be deposited to the credit of said pension fund by the clerk of the court imposing the same. § 210. The superintendent shall either personally or through the captains of the respective precincts, subject to such reasonable regulations as the Board may, from time to time, adopt, issue hcenses to residents of the city who own or keep a dog or dogs to permit such dogs to run at large within the city limits. Each dog must at all times wear a suitable collar, to which shall be attached a tag or plate, to be furnished by the superintendent, bear- ing the number of the license issued for it, and all dogs so licensed shall be subject to such provisions of law or ordinances as may be enacted. Such licenses shall be for the term of one year, and shall only be granted upon the payment in advance of the sum of one dollar for each dog, and two dollars for each bitch so owned or kept. It shall be the duty of every person residing in the city, who owns or keeps such an animal, to apply to the captahi of the precinct in which he resides, or to the superintendent, for a license for such animal so owned or kept by him; and if such person fail to apply for, and take out such license within twenty days after being notified so to do by any member of the police force, he shall for each olYense be liable to a fine of five dollars, to be sued for and collected in the Municipal Court of Buffalo upon the complaint of the superintendent or any mem- ber of the police force, together with the cost of such proceeding. Any member of the pohce force is author- ized to destroy by any means other than poisoning any such animal not duly licensed, and whose owner is not known or who fails to comply with this section. The superintendent shall keep a record of the licenses issued, Title VII.] REVISED CITY CHARTER. 121 and shall deposit all fees received therefor with the treas- urer of the city, who shall credit the same to the pohce pension fund. All fines collected under the provisions of this section shall be deposited to the credit of said fund. The Board shall have power to construct a suitable build- ing for a dog pound on any lands acquired or held for police purposes, and not othenvise occupied, but the cost thereof shall be paid from the dog license fees; and the board may appoint one dog-catcher, and not exceeding six assistant dog-catchers, prescribe their duties, and fix their salaries, which shall be paid from the fees collected hereunder. The Board may, instead of appointing dog- catchers, contract with any person or corporation for the capture, keeping, and disposing of unlicensed dogs, and pay for such service and work from the license fees col- lected hereunder, such contract, however, not to exceed the term of one year. Thus amended by L. 1892, c. 381, Sec. 1; L. 1894, c. 34, and L. 1895, c. 805, Sec. 17. § 211. All rewards or gifts that may be paid or given to any member of the police force for his service, except when the Board allow him to retain the same, and all moneys arising from the sale of unclaimed goods remain- ing for the space of one year in the hands of the clerk of the Board, and all fines imposed by the Board upon members of the police force, and all fees received and fines imposed under the two preceding sections, and all moneys, pay, compensation, or salary, or any part there- of, forfeited, deducted or withheld from any member or members of the police force, for or on account of ab- sence for any cavise, lost or sick time, sickness or dis- ability, physical or mental, shall be paid monthly by the Board, and three per centum of all fees for licenses for the sale of liquors, wines, ale and beer, and five per centum of all fines and penalties imposed for any viola- tion of the excise law, shall be paid weekly by the Board of Excise, all of which sum shall be deposited with the 122 REVISED CITY CHARTER. [Title VII. Treasurer of the city, and be by him invested or deposited when, from time to time, directed by the Board, as a fund, to be called the "pohce pension fund." The Treasurer of the city shall be the treasurer of such fund. The members of the Board of Police and Treasurer of the city shall be the trustees of the police pension fund, and shall have the power to grant pensions as herein provided, to be paid from the police pension fund by the Treasurer, upon the order or warrant of the board of trustees. Immediately upon this act taking effect the present trustee of the police life insurance fund shall deliver the fund, including all investments belonging to the same, to the Treasurer of the city, for the uses and purposes of the police pension fund hereby created as hereinafter declared. The Treasurer shall make all necessaiy contracts, and take all necessary proceedings in relation to the fund, in his name, as treasurer of the police pension fund of the city. Pensions shall be granted by the board of trustees of the police pension fund in the following cases : Thus amended by L. 1895, c. 137. 1. To the widow of any mcmbcu' of the police force, w^ho shall have been killed while in the actual performance of police duty, or who shall have died from the effects of an injury received, while in the actual discharge of such duty, the sum of three hundred dollars per year so long as she remains unmarried. And if there be no widow of such deceased member, then such annual pension shall be paid to his child or children him surviving, if any, so long only as such child or children, or the youngest of such children shall contiimc under the age of eighteen years. In the event of the death of the widow of such deceased member, who at the time of her death is drawing a pen- sion as provided in this act, then such annual pension shall be paid to the child or children of such deceased member of the police department, if any, so long only as such child or children, or the youngest of such children Title VIL] REVISED city charter. 123 shall continue under the age of eighteen years. No pension shall be paid under this title to any child over eighteen years of age. And if there be no such widow, child or children of such deceased member, then such pension shall be paid to his parent or parents, provided such parent or parents were dependent upon such de- ceased member for support, and such time only as such pension shall be necessary for the support of the parent or parents. Thus amended by L. 1904, c. 395, Sec. 2. 2. To any member of the force, who, while in the actual performance of poHce duty, and by reason of the performance of such duty, and without fault or mis- conduct on his part, shall be injured or become perma- nently disabled, physically or mentally, so as to unfit him for the performance of full police duty, the sum of not more than one-half nor less than one-fourth of his rate of compensation per year. This section shall apply to the police matrons who become totally disabled, physically or mentally while in the service of the department. Thus amended by L. 1901, c. 564. This law added the last sentence. 3. To any member of the force who, by long service and exposure in the actual service of the department, shall have contracted any disease or disability, which incapacitates him permanently from performing full police duty, without fault or misconduct on his part, upon his retiring from the service or being dismissed on account of such disease or disability, the sum of three hundred dollars per year, if he has served as such member for ten years; and for each year he shall have served as such member in excess of ten years the amount of pen- sion to which he is entitled under the provisions of this act shall be increased each year by the sum of twenty dollars until the total amount shall reach the sum of six hundred dollars. Pensions provided for in the second and third subdivisions above shall not be granted except 124 UKM8ED CITY CHARTER. [Title VII. upon the sworn certificate of the surgeon of the pohce, and upon the unanimous resokition to that effect by the members of the board of trustees of the pohce pension fund. Upon the resignation of any member of the pohce force, who shall have served as such for a period of thirty- five years or upward, where at the time of such resigna- tion such member is not incapacitated from full police duty by reason of disease or disability, the board of trustees of the police pension fund may, in its discretion, grant to such member a pension not exceeding one-half of the annual salary received by such member at the time of his resignation from the police force, and a pension may be granted under this provision without the sworn certi- ficate of the surgeon of police, as hereinbefore provided. The police matrons shall be granted the privilege of this fund, so far as it relates to their children. Nothing here- in contained shall affect the claim of any annuitant to whom any annuity has heretofore been allowed from the police hfe insurance fund, but such armuity shall be paid by the Treasurer out of the police pension fund, so long as the Board shall so direct, the same as if the claim thereto had arisen subsequent to the time when this act shall take effect. And the board of trustees may, in their discretion, and by a majority vote, and in accord- ance with the provisions of this act, grant pensions to widows of deceased members, and to annuitants under the police life insurance fund, where death or retirement has occurred prior to the passage of this act, and has been caused by disability acquired in the service of the de- partment. In computing the time of service of any member of the police; force for the purpose of this section, the term of service of such member on any regular police or fire department force of the city, or upon the park police force of the city as formerly constituted, shall be computed and taken the same as service on the police force of the city, and it shall not be deemed necessary for the purposes of this section that such service shall have been continuous. In computing the time of service of Title VII.] REVISED CITY CHARTER. 125 hostlers or prison van drivers for the purpose of this section, the term of service which they shall have served as employes of the Police Department previously to being made members of the police force, shall be computed and allowed the same as service rendered on the police force of the city. All officers who are retired under the pro- visions of this act, and who are drawing pay from the said pension fund may, when able to act, perform duty in case of emergency, and maybe accepted to perform temporary duty by the Commissioners when satisfied that they are able to serve. While so serving on temporary duty they shall be entitled to receive compensation not exceeding three dollars per day, in the discretion of, and to be fixed by the Board, for every day or part of a day that they shall so serve, in addition to their pension, which shall not be in any manner affected by such temporary service. All pensions provided for herein shall be payable monthly and shall be exempt from attachment and execution. Thus amended by L. 1899, c. 702; L. 1902, c. 551, Sec. 2; L. 1904, c. 395, Sec. 3, and L. 1905, c. 181. § 212. (1) All money or property alleged or supposed to have been feloniously obtained, or which shall be lost or abandoned, and thereafter taken into the custody of any member of the police force, or of any criminal court in the city, or which shall come into the custody of the police justice or a justice of the peace within said city, shall be by such member or justice, or by order of said court, given into the custody of and kept by the clerk of the Board, and shall be particularly registered by the clerk in the book kept for that purpose, which shall also contain a record of the names of the persons from whom such money or property was taken, and of the claimants thereof, the time of its seizure, and the final disposition thereof, (2.) Whenever property or money shall be delivered to the clerk of the Board as aforesaid, and the magistrate or court, before the case shall be heard, shall be satisfied 126 REVISED CITY CHARTER. [Title VII. from cvitlencc that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, such magistrate or court shall thereupon, in writing, order such property or money to be returned to such person, and the clerk of the Board, if he have it, shall deliver such property or money to the accused person himself, and not to his attorney, agent or clerk. (3.) If any claim to the ownership of such property or money shall be made on oath, before the magistrate or court, by, or on behalf of any other person than the one arrested, and the accused person shall be held for trial or examination, such property or money shall remain in the custody of the clerk of the Board until the discharge or the conviction of the person accused. If the person accused shall be held for trial or examination, and shall be aften\'ards tried upon the charge of having feloniously taken or obtained such property from the person by which, or on whose behalf the claim shall be made, and shall be convicted on such charge, then the board shall direct such property to be delivered to the claimant, or his duh' authorized agent, upon the certificate of the dis- trict attorney of Erie County, or his deputy, or the judge or magistrate who presided at the trial at which such conviction was had. If the accused person shall be tried, and shall be acquitted and discharged, then the Board may, upon the certificate of either of the above- named officers, direct the property to be re-delivered to the accused person, on his making oath before any mem- ber of the Board or before the clerk that he is entitled to its possession. If the accused person shall not de- mand the property and make the oath, or if the Board shall be satisfied that he is not entitled to the possession of the property, the clerk shall advertise, and dispose of the property in the manner hereinafter provided. The provisions of this subdivision shall not apply to cases provided for in subdivision two of this section. (4.) All property or money taken on suspicion of hav- ing been feloniously obtained, or of being the proceeds Title T7/.] REVISED city charter. 127 of crime, and for which there is no other claimant than the person from whom the same was taken, and all property and money, taken from pawnbrokers as the proceeds of crime, shall, as soon as practicable,- be trans- mitted to the clerk of the Board, to be by him duly registered. The clerk shall give notice that he has received such property by pubhshing such notice in the official paper once a week for three wrecks. At the ex- piration of the three wrecks, the Board shall determine what person is lawfully entitled to the possession of the property, and shall direct the return of the same to him. It shall be delivered by the clerk as directed by the Board. If the person from whom such property shall be taken shall be a non-resident of the city, and the Board shall determine, upon examination,- that the circum- stances are not such as to justify the detention of the property, then it may direct it to be re-dehvered to such person before the expiration of the three wrecks. (5.) All lost property coming into the possession of any member of the police force, and all property taken by any member of the force from any person supposed to be insane, intoxicated or otherwise incapable of taking care of himself or herself, shall, as soon as practicable, be transmitted to the clerk of the Board, to be duly registered, and shall be delivered to the owner or person entitled to its possession, upon proof to the satisfaction of the Board, or the clerk thereof, that such person is the owner or entitled to the possession of the property. (6.) When money or property shall remain in the possession of the clerk for six months unclaimed, or where the Board shall not have directed it to be delivered to any person, the clerk shall publish a notice in the official paper once a week for three weeks, that he holds the same. If no person lawfully claims the property the clerk shall sell it at public auction, giving notice of the time and place of such sale, by publishing the sale daily for one week previous thereto in the official paper of the 128 REVISED CITY CHARTER. [Title VII. city. The proceeds of such sale, and any unclaimed money shall be paid by the clerk of the Board to the Treasurer of the city, and become a part of the police pension fund, (7.) Any property or money in the custody of the clerk desired as evidence in any criminal proceeding, shall be temporarily delivered for that purpose to any officer who shall present an order therefor from a court, magistrate or district attorney. (8.) AYlien conflicting claims shall be made to any property in the custody of the clerk, under the provi- sions of this section, the said Board or the said clerk may require from any claimant, as a condition of the delivery of such property to him, that such claimant execute and deliver to the said clerk to be filed by him in his office, a bond, with sufficient sureties, to be approved by said Board, conditioned to indemnify and save harm- less the said Board and each and every member thereof, and the said clerk from and against all suits, judgments, demands, causes of action, cost and damages of every nature and description by reason of, or in any manner growing out of the deliveiy of such ])roperty to such claimants, and from and against the payment of any and all sums of money Avhich the Connnissioners or either of them, or the said clerk, may be compelled to pay by reason of such delivery; such bonds shall be in such form as the Board shall prescribe, and shall be executed to the Board of Pofice as the obligee therein; and for any breach of the condition thereof an action may be maintained thereon in the name of the said Board as plaintiff, and any recovery thereon shall be in the name of said Board, but for the benefit of the Commissioners or commission, or clerk, as to whom the said l^reach shall have occurred. § 213. All accounts against this department for ser- vices, labor, or material and merchandise, except ac- counts for executing or endeavoring to execute criminal Title VII.] REVISED CITY CHARTER. 129 process, or for arresting or extraditing, or endeavoring to arrest or extradite criminals, and those payable out of the secret service fund, shall be made out in detail and certified by the Board, before they are presented to the Common Council for audit. § 214. The Board shall, in each year, make an esti- mate of the sums of money necessary for the adminis- tration of the affairs of the Department of Police, and for defraying the expenses of said department for the ensuing official year, including all sums necessary for salaries, for expenses in the execution of criminal process, for office accommodations and supplies, for warming, lighting, furnishing, and supph^ing police station-houses, patrol barns, and all buildings in use or to be m use by the said departments; for necessaiy legal expenses, and all ex- penses which may necessarily be incurred by reason of any civil or criminal action or proceeding against the Commissioners of Police, or either of them, or against any member of the police force for acts done in the discharge of his or their duty; and also for any deficiency which, in the judgment of said Board, may arise in the police pension fund in meeting the charges payable out of said fund as hereinbefore provided. The said estimate shall be signed by the Board or a majority thereof, and shall be by the said Board, on or before the first day of February in each year, transmitted to the Comptroller. Any sum which may be allowed and raised upon an estimated deficiency in the police pension fund shall be held by the City Treasurer for the uses and purposes of the police pension fund. § 215. The superintendent shall have the control of the force under him, which must look to him for all orders and directions. All reports must be made to him by the force through the proper channels, and he will be held responsible for the discipline and effectiveness of the force, and the enforcement of all the orders, rules and regulations of the Board. He shall make to the Board 130 REVISED CITY CHARTER. [Title VII. quarterly reports in writing of the state of the police force, with such statistics and suggestions as he may deem advisable to submit for the improvement of the police force, and the discipline thereof. The Board shall, on or before the first day of February in each year, make a report to the Common Council upon the condition of the poLce force, together with such recommendations as the Board may deem necessary. § 216. The superintendent shall, when directed by the Mayor, detail a sufficient number of the police to render any assistance required by the head of any de- partment in the discharge of his duties. *The captains of police shall in their respective precincts examine the premises, and in([uire into the character of the persons applying to the Board of Excise for license under the provisions of this title w'henever said application shall be referred to them by the Board of Excise, and shall report in writing to said Board the fitness of such persons to receive licenses, and the propriety of granting the same. *Romaindor of this section superseded by L. 1896, c. 112, the Li(juor Tax \a\\\. § 217. Any willful resistance to any member of the police force, while in the discharge of his duties, and any willful or malicious interference with, or obstruction, or defacement of any j)olice telegraph line or apparatus, or any street box used in connection therewith, by any person shall be a misdemeanor. It shall also be a mis- demeanor for any person not a member of the police force falsely to represent himself to be such a member. § 218. The Board shall furnish annually to the Board of Supervisors of Erie County an accurate statement of all moneys paid out by the superintendent during the preceding year, under the requirements of this title. It shall be the duty of the County Treasurer to pay over the money raised vmder the provisions of this title to the Treasurer of the city. The Supervisors of the county Title VII.] REVISED CITY CHARTER. 131 are hereby authorized, empowered, and required from time to time, to levy and raise by taxation, all sums of money required to carry into effect the fiscal provisions of this title affecting the county, and necessary for the payment of all sums which by the provisions of this title shall become a charge against the county. Chapter III. SEALER OF WEIGHTS AND MEASURES. § 219. The Board of Police shall appoint a Sealer of Weights and Measures, and such assistants as he may require, and provide suitable office accommodations for him at the police headquarters. He shall hold his office for one year, and receive such compensation as may be fixed by ordinance. § 220. The Sealer of Weights and Measures shall test all scales, weights and measures in the city as directed by ordinance, and shall investigate all complaints of violation of the ordinances of the city relating to weights and measures, and for that purpose, or whenever directed by the Board, shall report to the Corporation Counsel all violations of the ordinances of the city relating to weights and measures, and the Corporation Counsel shall thereupon bring an action to enforce the fine, penalty or forfeiture prescribed for such violation. § 221. The Sealer of Weights and Measures shall report in writing his official acts to the Board at least once in each week, and such Sealer of Weights and Measures, and assistants shall be appointed under the civil service rules. Chapter IV. DEPARTMENT OF EXCISE. Sections 222-230 omitted here because they have been superseded by L. 1896, c. 112, known as the Liquor Tax Law. 132 KKVISED C'lTV CIIAKTKR. [Title VIII. TITLE Mil. DEPARTMENT OF HEALTH. § 231. There shall be a Department of Health, which shall be under the control and management of a Health Commissioner, who shall be appointed by the Mayor, and act under the advice and supervision of the Board of Health. The Board of Health shall consist of the Mayor, the Commissioner of Public Works, and said Health Commissioner. The Health Commissioner shall hold his office for the term of five years from the time of his appointment, and until his successor is appointed, and he shall devote his entire time to the duties of his office. He shall be a reputable and licensed physician of not less than thirty years of age, and with an actual experience as a practicing physician of not less than five years. Thus amended by L. 1901 , c. 228, Sec. 3. § 232. The Commissioner shall have supervision over the care, removal and burial or incineration of the dead, the registration of births, marriages and deaths, the registration of vital statistics in the city, and with the approval of the Board he shall make such rules and regu- lations as he may deem necessary for the proper carrying out and enforcement of all laws and ordinances that may be prescribed for the government of said department, for the protection of the public health, and for the proper care and registration of such statistics. § 233. The Connnissioner is hereby authorized and directed to prepare such ordinances as he shall deem to be required for the protection of the public health, and for securing the proper registration of births, marriages, deaths, and such other statistical information as mav be necessary for the efficient working of the department, with penalties for their violation, which ordinances, when approved by the Board, shall be by him submitted to the Common Council, and when a{)proved by said Common Title VIII.] REVISED CITY CHARTER. 133 Council, shall have the same force and effect as other ordinances of the city. Whenever the Board of Health shall declare that rabies is prevalent in the city, or in the vicinity thereof, the Commissioner shall prepare ordi- nances prescribing the conditions under which dogs may be kept, brought or allowed to be within the city, and providing for the destruction of dogs suffering from rabies, and to prevent the spread of the disease, with penalties for their violation, which ordinances, when approved by the Board, shall be by the Commissioner submitted to the Common Council, and when approved by the said Common Council, shall have the same force and effect as other ordinances of the city, anything in this act contained to the contrary notwithstanding; and in addition to the other penalties prescribed for a viola- tion thereof, such ordinances may further provide that any dog kept, brought or being within the city contrary to the provisions thereof shall be a public nuisance and a menace to the pubhc health, and may be destroyed or othei-wise disposed of as prescribed in such ordinance. No ordinance so prepared and approved as in this section provided shall be repealed or amended without the approval of the Health Commissioner and Board of Health, and the Common Council shall adopt no ordi- nance relating to or governing the matters and things contained in this title, unless the same shall be recom- mended by the Health Commissioner and Board of Health. Thus amended by L. 1900, c. 46. This amendment added the second sentence, relating to rabies. § 234. The Commissioner shall divide the city into eight health districts, and the Board of Health shall ap- point a physician in good standing in the medical profes- sion for each of said districts. The Board shall also, in addition, appoint from the homeopathic school of medi- cine, two physicians for such districts as it may designate. The Board may, at any time, remove any of said persons, 134 REVISED CITY CHAHTER. [Title VIII. and appoint a successor. The said physicians shall be known as city physicians of their respective districts. It shall be the duty of said city physicians to render medi- cal service to indigent sick persons, as prescribed in title thirteen of this act, and to report to the Department of Health any nuisances or unsanitary places or violations of health ortlinances or regulations that may come to their attention in connection with the performance of their duties. In case of epidemics or impending pesti- lence the city physicians shall perform such professional duties as may be required of them by the Health Com- missioner. § 235. The Coiuinissioner shall have power to appoint an assistant health officer, a clerk, a registrar of vital statistics, an inspector of plumbing and drainage, who must be a practical plumber, a city chemist, a cattle inspector, a keeper of the quarantine hospital, a city scavenger, and two inspectors of food supples and drugs, and such other officers and employes as may be author- ized by the Common Council. The Board, with the concurrence of the Common Council, shall fix the salaries of all the city physicians and other employes, and the duration of the terms of office of all such employes shall be in the discretion of the Commissioner of Health ; pro- vided, however, that the whole expense of administering said department shall not exceed the sum appropriated therefor by the Common Council, except as provided in section seventy-three, and all expenditures so incurred, for whatever purpose, shall be made and met in such manner as is provided for in other departments of the city government, and in the following section. It shall be the duty of the superintendent of police to execute the orders of the Health Commissioner when so requested by him. § 236. In the presence of great and imminent peril to the public health of the city, by reason of impending pestilence, it shall be the duty of the Health Commis- Title VIII.] REVISED CITY CHARTER. 135 sioner to take such measures and do, order, and cause to be done such acts, and make such expenditures (be- yond those duly estimated for as herein provided) for the preservation of the pubhc health from such impend- ing pestilence as he may, in good faith, deem the public safety and health to demand, and the Board of Health shall, in writing, approve; and such peril shall not be deemed to exist, except when, and for such period as the Board of Health shall by proclamation declare. § 237. The Commissioner shall have full power to enforce and cany out all ordinances, rules and regula- tions for the preservation of the public health, and for the registration of vital statistics as have been or may be hereafter enacted by the Common Council; and in case any business or practice is dangerous or detrimen- tal to the pubhc health, to prohibit the same, and to declare unwholesome grounds, yards, cellars, buildings, and other places, stagnant or unwholesome waters, filth, and unwholesome matter injurious to health, to be nuisances, and upon so declaring, the Commissioner shall have power to abate the same in such manner as he may deem expedient, and the expense may be assessed upon the lands upon or in front of which said nuisances were, or upon the parcels of land benefited by the abatement of the nuisance, as the Common Council shall direct; but no established business or the rights to property of any person shall be interfered with or prohibited until the offender or offenders therewith charged shall have been duly summoned by notice of not less than one or more than five days, to appear before said Commissioner to show cause why such declaration or order of prohibition shall not be enforced against the party or parties or premises charged, nor until the said party or parties persons interested in the premises shall have an oppor- tunity to be heard, in person or bj^ counsel. § 238. Any person or persons desiring to erect a building for use as a dwelhng for more than three fami- 136 ICKVISKD CITY CHARTER. [Titlc VI IL lies, or for use as a livery stable or public barn in Avhich live stock of any kind is to ke kept, a slaughter-house or a rendering (>stablishnient, or to alter or convert an existing building to such uses, shall vSubmit the plans for such building or alterations to the Connnissioner, who shall have power, if not prohibited by ordinance or law, to permit or prohibit the erection or alteration or conversion of any building to be devoted to such uses under such rules and regulations as he may adopt; and the Commissioner shall have the power to cause the removal of persons from any building which, in his judgment, is so crowded by persons dwelUng therein as to endanger the public health. § 239. (1.) Every master and journeyman plumber, or a person who has been engaged in the business of ])lumb- ing for five years next prior to the j)assage of this act, carrying on his trade in the city, shall under such rules and regulations as the Board of Health of said city may prescribe, register his name and address with the clerk of said Board of Health, and after said date it shall not be lawful for any person to carry on the trade of jilumb- ing in said city, unless his name is registered as above provided. (2.) A list of the registered plumbers in the city of Buffalo shall be ])ublished in the newspa])er designated by the Common Council of said city to publish the official proceedings of said city at least once in each year. (3.) The drainage and plumbing constructed or placed in and about all buildings, both public and private, in the city of Buffalo, shall be constructed, executed, and ])laced in accordance with plans previously approved in writing by the Board of Health or the Health Commis- sioner. Suitable drawings and descriptions of said drain- age and i)lunibing shall in each case be submitted to said Board of Health or Commissioner, and shall be placed on file in the office of the Board. Said Board of Health is hereby authorized to receive and ])lace on file drawings Title VIII.] REVISED CITY CHARTER. 137 and descriptions of the plumbing and drainage of build- ings erected in said city prior to the passage of this act. § 240. The Board of Health of the city of Buffalo shall have power to make such rules and regulations ff r the registration of plumbers, and for drainage in said city as such Board shall deem proper, and to make all such rules and regulations as shall by it be deemed neces- sary to carry into effect the provisions of this title. § 241. The Commissioner shall have power to take measures to prevent the entrance of pestilential or infec- tious diseases into the city; to stop, detain, and examine for that purpose every person coming from any place infected, or believed to be infected with such disease; to cause any person infected or believed to be infected with such disease to be removed to such quarantine hos- pital as the city may maintain. And for such purpose the city shall maintain a quarantine hospital which shall be under the control and direction of, and whose neces- sary attendants shall be appointed by, the Commissioner. The Commissioner shall have power to cleanse infected buildings, vessels, vehicles, and places of all kinds, and to destroy furniture, clothing, and other property so infected as to be dangerous to public health. § 242. Any court of record in the city, or any judge or justice thereof, shall have power, at any time after the service of notice of any violation of any provision of this title, and upon the affidavit of the Commissioner, to re- strain in an action by the Commissioner, in his name of office, by injunction order, the further progress of any violations of the provisions of this title or of any work upon or about the building or premises upon which the said violation exists, and no undertaking shall be required as a condition to the granting or issuing of any injunction. Upon obtaining such injunction, the Health Commis- sioner shall record in the office of the clerk of the county of Erie an instrument under his hand, setting forth a description of the premises against which such injunction 138 REVISED CITY CHARTER. [Title IX. is obtained, and the nature of the complaint against the same. The clerk of the county is hereby authorized and required to provide a suitable book in which to record such instruments, and the necessary and proper indexes thereto. Upon such injunction beuig dissolved, or upon certificate of the Health Commissioner that the cause of complaint has been removed, the said clerk of the county is authorized and required to discharge of record the instrument so recorded relating to the property affected by such injunction. § 243. It shall be the duty of the Commissioner to visit all hospitals in which patients supported by the city are received, at least once in each month, and to inquire into the condition of any such patients whom he may find therein, and to order the discharge of any such patients whom he shall deem to be sufficiently recovered, and he shall communicate such order to the department of poor; and after the issuing of any such order the patient therein referred to shall cease to be a city charge. § 244. Any persons violating any of the provisions of this title or any of the ordinances adopted under the powers granted by it, shall be deemed guilty of a mis- demeanor. TITLE IX. DEPARTMENT OF FIRE, Chapter I. § 245. There shall be a Department of Fire, of which the Board of Fire Commissioners shall be the head. The Board shall consist of three members, who shall be appointed by the Mayor, who shall hold their offices for the term of six years, and until their successors are appointed. No more than two Commissioners shall be Title /X.] REVISED CITY CHARTER. 139 adherents of the same poUtical party. Vacancies in the Board shall be filled by the Mayor by appointment for the unexpired terms. The Mayor may appoint Commis- sioners to fill temporarily the places of Commissioners unable to perform their duties by reason of mental or physical disability, or absence from the city; such tem- porary Commissioners shall receive the compensation of the Commissioners whose places they occupy for the time they serve. § 246. The Commissioners in office at the time this act takes effect shall constitute the first Board, and shall serve out the terms for which they were respectively ap- pointed. Two members of such Board shall be a quorum. § 247. No member of the Board shall be interested in the purchase or sale of lands for the use of the depart- ment, in the constmction and repair of engine-houses, or in the manufacture, purchase or sale of anything used in the department. Any member who shall be so inter- ested, or who shall be guilty of misconduct in office, or who shall neglect his official duties, shall be removed by the Mayor after due hearing on charges. § 248. The Board shall hold at least four regular meetings each month, and shall make rules to govern its proceedings. The Commissioners shall elect one of their number to be the president of the Board. § 249. The Board shall appoint, and may at pleasure remove a secretary. He shall keep an accurate record of all proceedings of the Board, and shall perform such other duties as it may prescribe. Records kept by the secretary, when duly certified by him, shall be received as evidence in all legal proceedings. § 250. The Board shall also appoint, and may after a public hearing on written charges remove a chief engi- neer, an assistant chief engineer, a surgeon of the de- partment, a superintendent of horses, a chief operator, 140 REVISED CITY CHARTER. [Title IX and siicli district engineers, foremen, and other subor- dinates as it may deem necessary for the efficient worlc- ing of the department, and it shall, subject to the appro- val of the Common Council, fix the salaries of all its employees. The officers and other members of the Fire Department in office when this title takes effect shall continue in office, and hold their respective positions, or the positions herein designated which correspond to those which they shall then hold, unless reduced in rank or removed pursuant to the provisions of this act. § 251. The Board shall annually grant to the chief engineer, assistant chief engineer, and district engineer, a vacation of not more than fifteen consecutive days with pay, and to the other members of the department, an annual vacation of not more than ten consecutive days with pay. They shall also grant to each and every mem- ber of the department two days' leave of absence in each month with pay, beginning at 8 o'clock in the forenoon of one day, and ending at 8 o'clock in the forenoon of the following day. Such leave of absence may be suspended when public interests require it. They shall also grant to each member of the department three hours each day for meal-time, and grant to any member of the depart- ment who is disabled by sickness, half-pay from the time that said sickness shall exist, provided it be for no longer time than six months, and the said Board shall grant to any member of the department who shall have become disabled by accident while in the performance of tluty, full pay until he shall become able to resume his duties, provided it be for no greater time than one year. But in case of the sickness or other disability of any member, the said Board may from time to time require the certificate or affidavit of the attending physician that such member is not able to perform his duties as a mem- ber of the Fire Department. The Board of Fire Com- missioners may, with the approval of the Mayor and the Common Council, divide the captains or foremen of com- Title /X.] REVISED CITY CHARTER. 141 panics, lieutenants or assistant foremen, engineers, and firemen of all grades info two platoons, one to perform day service, and the other to perform night service. In case of riot or serious conflagration the Board, or the chief engineer shall have power in its discretion to assign all members of the department to continuous duty. Neither of said platoons shall be required to perform continuous day service or night service, as above pre- scribed, for a longer consecutive period than one week, except so far as may be necessary to equalize the hours of duty and service between the two platoons, and also except in the case of riot or serious conflagration, as above provided. The salaries now paid to captains or foremen, lieutenants or assistant foremen, engineers, and firemen of all grades, shall not be reduced. Thus amended by L. 1903, c. 243. This amendment added the last four sentences, giving authority for division of the firemen into two platoons. § 252. The Board shall control and manage the department. It shall have charge of the property used by the department, including the fire-alarm telegraph. It shall purchase such horses, supplies, engines, hose, and other apparatus as may be required, and shall make repairs necessary to any of the property under its con- trol, except repairs to buildings. It shall .recommend to the Common Council the erection, alteration, and re- pair of engine-houses and buildings for the department when necessary, and the plans therefor must be approved by it. It shall employ subordinates, whose duty it shall be to make repairs to engines, hose, wagons, ladders, and other apparatus of the department, but such subordi- nates shall not be taken from the house in which they are employed to do such work at any other places in the department. It shall provide for the proper drilling and exercise of the officers, men and horses of the depart- ment, when not on active duty. § 253. The Board shall not order the expenditure of any money or make any contract except by the majority 142 REVISED CITY CHARTER. [Title IX. vote of all its members, which votes shall be taken by yeas and nays, and entered upon the minutes. No expenditure or contract, exceeding or involving the sum of five hundred dollars, shall l)c made without the con- sent of the Common Council. Before the Board shall enter into a contract for the performance of any work, or the purchase of any apparatus, material or supplies, the expense of which shall exceed the sum of five hundred dollars, it shall cause a notice to be published in three successive numbers of the official paper, Sundays and legal holidays excepted, and in case of the purchase of apparatus for the department, due and ample notice shall be mailed to such competing parties as the Board shall deem advisable, inviting sealed proposals for the same acccrding to the plans' and specifications to be filed in its office, and the contract shall be let to the lowest respon- sible bidder, who shall furnish security for its performance satisfactory' to the Board. § 254. The Board shall make and enforce rules and regulations for the government of the officers and em- ployees of the department in the discharge of their duties. They shall also adopt mles and regulations to prevent interference with the department and its apparatus, and such last-mentioned rules and regulations shall have the force and effect of ordinances when approved by the Common Council. § 255. The Board shall investigate the cause and origin of all fires in the city, and when deemed advisable testimony may be taken before it, which shall be reduced to writing, and subscribed by the witnesses, and the Board shall thereupon report it to the Board of Police, with its opinion as to the cause and origin of the fire. The Board shall have power to issue subpoenas for witnesses to appear before it and testify upon any such investigation, and to produce before it books and papers, and each member of the Board may administer an oath to such witnesses and examine them, and the books and Title /X.] REVISED CITY CHARTER. 143 papers produced by them. If any such witness shall refuse to appear or to produce such books and papers, or appearing, shall refuse to testify, the Board may report such refusal to any court of record or a judge thereof, and such court or judge may make an order for the future appearance of such person or the production before the Board of such books and papers, and punish any disobedience of such order as a contempt of court. § 256. The Board shall make an annual report to the Common Council stating the expenditures of the year, the condition of the property under its control, the number and origin of the fires occurring during the year, and any other pertinent matters. § 257. The chief engineer shall be the executive officer of the Board, and shall perform such duties as may be imposed upon him by the Board. In case of his absence or inability to act, the assistant chief engineer shall act in his place. The chief engineer, under the direction of the Board, shall, by virtue of the office, be superintendent of the fire-alarm telegraph, and the Board may appoint such number of operators and other employes as may be necessary for the management of said telegraph. No person connected with the department, except the Commissioners, shall be engaged in any business or occupation other than that of the department. § 258. Each member of the Board, the chief engineer, the assistant chief engineer, and each district engineer, shall have power, at all reasonable times, to enter and examine any premises, and they shall report to the Board all violations of any ordinance for the prevention of fires. § 259. The Board shall report to the Corporation Counsel any violation of the fire ordinances, and he shall thereupon bring an action to enforce the penalty or for- feiture prescribed for such violation. The Corporation Counsel shall not settle or discontinue any such action without the consent of the Board. 144 REVISED CITY CHARTER. [Title IX. § 260. Each member of the Board, the chief engin.eer, the assistant chief engineer, and each district engineer, may arrest or orally direct any policeman or person to arrest any one who disobeys his lawful order, or who is intoxicated or disorderly at a fire, and cause the person so arrested to be confined temporarily or until the fire shall be extinguished. § 261. The engineer, the assistant cliief engineer, or district engineer in command, with the concurrence of the Mayor, or, if the Mayor is not present, with the concurrence of one of the fire Commissioners, may direct any burning building, or any other building which they may deem hazardous and hkely to take fire and en- danger the safety of other buildings, to be torn down, blown up or destroyed. § 262. Any person owning, or having any interest in, any building injured or destroyed by any act authorized by the preceding section, may, within three months thereafter, file with the City Clerk a verified statement of the facts of such injury or destruction, and the dam- ages claimed by him. If the claim is made within such time, and the city does not within two months compromise or pay it, the claimant may within one year after the building was injured or destroyed, present a petition to the Supreme Court or the Superior Court of Buffalo, for the appointment of three Commissioners to ascertain the just compensation to be made to him. The petition shall be verified, and a copy of it, with notice of the time and place, when and where it will be presented, shall be served on the Corporation Counsel at least four- teen days before the day when it shall be so presented. The court shall hear the proofs and allegations of the parties, and shall, in a proper case, appoint three per- sons to ascertain the just compensation to be made to the claimant, and fix the time and place of their first meeting. The Commissioners shall be paid five dollars a day for their services. Such payment shall be made by the city. Title IX.] REVISED CITY CHARTER. 145 § 263. The Commissioners so appointed shall take and subscribe an oath that they will faithfully discharge their duties. Any of them may issue subpoenas and administer oaths to witnesses. A majority of them may adjourn the proceedings before them, from time to time, in their discretion. They shall view the premises, hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing; and after the testimony is closed they, or a majority of them, all being present, shall, without unnecessary delay, ascertain and determine the amount which ought justly to be paid by the city to the claimant or claimants. In determin- ing such amount, the Commissioners shall decide whether the building so damaged or destroyed would have been destroyed by the fire, and if they decide that it would have been so destroyed, they shall not award to the claimant or claimants an amount exceeding the amount of valid insurance which such claimant or claimants had then existing in their favor upon such building, and which they may have lost by its destruction. And if they shall determine that the said building would not have been destroyed by the fire, they shall award the full damages to the property, as determined by them. § 264. Ever>' fireman, and every person who shall have served as a volunteer fireman without pay, in the city for the term of five years, shall be exempt from serv- ing as a juror, and from all militia duty, except in cases of insurrection or invasion. A certificate from the Mayor under the city seal, shall be evidence of such exemption. The Common Council may grant certificates of exemption to members of the late volunteer fire department of the city, who were duly enrolled in any one of the companies of said department, in like manner, and with the same effect as though they had served the full term of five years, without pay, as volunteer firemen. § 265. The mone}^ which is required by chapter one hundred and seventy-eight of the laws of eighteen hund- 146 REVISED CITY CHARTER. [Title IX.. drecl and forty-nine, tuul the acts anunidatoiy thereof, and supplementary thereto, to be paid to the Treasurer the city, shall be paid to the treasurer of the Firemen's Benevolent Association of Buffalo, and the bond required by such chapter shall be executed and delivered to him. Chapter II. firemen's relief and pension fund. § 266. There shall be established in the city of Buffalo a Firemen's Relief and Pension Fund, which shall con- sist of: 1. All securities, property, and moneys, which upon the passage of this act, are in the possession, and under the control of the Fire Commissioners of said city, be- longing to the P'iremen's Relief Fund. 2. All fines, penalties, and forfeitures that from time to time may be imposed upon any officer or member of the Fire Department of said city by way of discipline collectible from pay or salaiy. 3. All rewards, fees, gifts or emoluments that may be paid or given for extraordinary services, rendered by any officer or member of said Fire Department, except when allowed to be retained by such officer or member by the Board of Fire Commissioners, or given to endow a medal or other permanent competitive reward. 4. All moneys realized, derived or received from the sale of condemned, unfit, and unserviceable property belonging to or in the possession or under the control of said Fire Commissioners, where the same does not exceed the sum of two hundred and fifty dollars in value for any one article. 5. All fees and moneys realized, received, or derived from the granting or issuing of licenses for the keeping or sale of fireworks, kerosene, coal oil, naphtha, gasoline, gun-powder, and other explosive materials. Title /X.] REVISED CITY CHARTER. 147 6. All moneys realized, derived, or received from fines or penalties under the provisions of this act or under the ordinances of the city of Buffalo, or under the rules and regulations of the Board of Fire Gommissioners, for the prevention and extinguishment of fires, and for the conveying and removal of gun-powder, nitroglycerine, and other explosives, in and through the city or any part thereof, and the keeping and sale of fireworks, kerosene, coal oil, naphtha, gasoline, gun-powder, and other ex- plosive materials. 7. Three per centum of the revenues received by the city of Buffalo, as excise moneys under the excise laws of the state. Thus amended by L. 1899, c. 253. This amendment added subdivision 7. § 267. The Mayor, the members of the Board of Fire Commissioners, and the chief engineer of the Fire De- partment of the city, and their successors in office, are hereby constituted the Board of Trustees of the Fire- men's Relief and Pension Fund. The said Board of Tmstees shall have the exclusive control, management, and distribution of said fund. The Mayor shall be chair- man of said Board of Trustees. The secretary of said Board of Fire Commissioners shall be the secretary of said Board of Trustees. The Treasurer of the city shall be the treasurer of such Board. Each of these officers shall serve without additional compensation. When this act takes effect, the Mayor shall call a meeting of the officers hereby designated to constitute such Board of Trustees, for the purpose of cariying the provisions of this chapter into effect. The said Board of Trustees are hereby avithorized to adopt rules and regulations for its government; and it shall hear and determine all apph- cations for rehef or pension under this chapter, and its decision shall be final and conclusive, and not subject to review or reversal except by said Board of Trustees; it shall cause to be kept a record of all its proceedings and meetings. 148 REVISED CITY CHARTER. [Title IX. Thus amended by L. 1897, c. 161. This amendment made tlie City Treasurer, instead of the Chair- man of the Board of Fire Commissioners, treasurer of this fund. § 268. 1. The said Board of Fire Commissioners shall have the power and authority by a majority vote to re- tire or discharge from all service in the Fire Department, any officer or member thereof who may be found on examination by the surgeon of the department, duly certified under oath, disqualified physically or mentally for the performance of his duties in the department by reason of disease or disability caused or induced by the actual performance of the duties of his position without fault or misconduct on his part. 2. Eveiy officer or member of said department who may have become permanently incapacitated from i)er- forming full duty as a fireman by reason of disease or dis- ability caused or induced by injury, or by long service and exposure while in the hne of his duty as a fireman, with- out fault or misconduct on his part, may, on his own application, be retired from service by a majority vote of such Board, provided the applicant has been examined by the surgeon of the department, and his sworn certificate filed, showing that the applicant is permanently disquali- fied from performing the duties of a fireman. A pension shall be granted and paid to each person so retired from the said Firemen's Relief and Pension Fund equal to one- half the annual compensation allowed him as a salary at the date of his retirement from the service, or such less sum in proportion to the number of offices and mem- bers so retired, as the condition of the fund shall warrant. But no officer or member of said department shall be entitled to any allowance as pension under the provisions of this chapter, during the time he shall be receiving full salary from said Fire Department. 3. The widow, minor child or children dependent parent or parents of any deceased officer or member of said Fire Department, provided the death of such officer Title IX..] REVISED CITY CHARTER. 149 or member occurs during his service in said Fire Depart- ment, and is caused or induced by injury or by long ser- vice and exposure while in the line of his duty, without fault or misconduct on his part, or after he has retired on account of disability, or is discharged as hereinbefore provided, by reason of his having become physically or mentally disqualified from performing his duty, shall be allowed and entitled to receive from said fund an allow- ance as pension. The amount of such pension shall be determined upon the following conditions: a. To the widow of such officer or member, the sum of twenty-five dollars per month. But upon her re- marriage, such pension shall cease. h. To each child of such officer or member, under the age of sixteen years, the sum of five dollars per month. Upon the child attaining the age of sixteen years, such pension shall cease. In case the widow shall die or re- marry, then the pension allowed to her shall be paid to the child or children of such deceased officer or member who shall be under the age of sixteen years. But all such payments to any child shall cease when such child becomes sixteen years of age. The whole amount paid to the widow, and minor child or children of any officer or member shall not exceed one-half the annual compen- sation allowed such officer or member at the date of his death or retirement. c. To the dependent parent or parents of such officer or member the sum of twenty-five dollars per month. No pension shall be paid to a dependent parent or parents in case the officer or member of said Fire Department so dying shall leave him surviving, a widow or minor child or children. No more than one pension shall be paid in case both parents survive. 4. Said Board of Trustees shall pay the pension allowed and fixed by this chapter from said Rehef and Pension Fund, and said Board of Trustees may in its dis- cretion, pay the pension of said minor child or children 150 REVISED CITY CHARTER. [Title IX. to their mother or to their general or testamentar}^ guardian, or to the person or persons who shall have the care and custody of said minor child or children, and the decision of said Board of Trustees as to what is deemed for the best interests of said minor child or children shall be final and conclusive, and payment according to its determination of the pensions herein provided for shall be a full discharge for the moneys so paid. 5. This chapter shall apply to all who now are or shall hereafter become officers and members of the Fire Department of the city of Buffalo, and all of such persons shall be eligible to the benefits secured by the creation of this fund. 6. Pensions, as provided in subdivisions two and three of this section shall be paid to officers and members of the department who have been discharged or retired as therein provided, and to the widow, minor child or children, or dependent parent or parents of any officer or member who has been killed in the discharge of his duty or died on account of disability acquired in the service and in the line of duty after the passage of this act. Thus amended by L. 1892, c. 18. This amendment inserted the word "after" in the last line in place of the vvortis "previous to" in the original law. 7. All moneys ordered to be paid out of said Pension and Relief Fund to any person or persons shall be paid by the Treasurer only upon warrants signed by the chair- man of the Board, and countersigned by the secretary thereof, and no warrant shall be drawn except by the order of said Board, duly "entered in the record of the proceedings of said Board. Said Board of Trustees is hereby authorized to deposit said fund in any of the banks of the city of Buffalo upon receiving adequate security therefor, or to invest the same in bonds and mortgages on improved real property worth twice the amount loaned, or in bonds of the United States, or of this state, or of the city of Buffalo, or of any city, county, Title /X.] REVISED CITY CHARTER. 151 town or village of this state^ issued pursuant to the authority of the laws of this state. All interest, income, or dividends which shall be paid or agreed to be paid on account of any such loan or deposit shall belong to and constitute a part of such fund . Nothing herein contained shall, however, be construed as authorizing the Treasurer to loan or deposit said fund or any part thereof unless so authorized by the Board. 8. The Board of Trustees shall make a report of the condition of said Pension and Relief Fund, to the Com- mon Council, in the month of Januaiy in each and every year. § 269. 1. The said Board of Trustees may take by gift, grant, devise or bequest, free from taxation, any real or personal property, the annual income of which shall not exceed in the aggregate the sum of thirty thousand dollars. In any year when the condition of the Rehef and Pension Fund shall render it in the judgment of the said Board of Trustees necessaiy, said Board of Trustees may receive from the authorities of the city of Buffalo a sum not exceeding five thousand dollars, to be included in the annual estimates of the said Board of Fire Com- missioners, and drawn and collected by them in hke manner as other moneys apphcable to their expenses, and the amount so obtained shall at once be paid over to the said Board of Trustees, to be used as a portion of said Rehef and Pension Fund. 2. No person shall store, keep for sale, sell or offer for sale m the city of Buffalo, any fireworks, kerosene, coal oil, naphtha, gasoline, gunpowder, or other explosives without first having obtained a license therefor from the Board of Fire Commissioners, and said Board of Fire Commissioners are hereby authorized and em- powered to issue such Ucense, and to recommend ordi- nances to the Common Council, fixing the fee for such license, and for regulating the keeping and sale of fire- works, kerosene, coal oil, naphtha, gasoline, gimpowder, 152 REVISED CITY CHARTER. [I'itle IX. and other explosives in said city, and providing penalties to be paid for a violation of such ordinances, and for dealing in and keeping for sale, or storing such articles, without having first obtained a license therefor from said Board of Fire Connnissioners. 3. The treasurer of said Board of Trustees is hereby authorized and empowered to receive, collect, sue for, and shall have the exclusive rgiht of recovery of any and all fines and penalties which are to be paid into said Pension and Relief Fund under this chapter. He may in his name as treasurer sue for, recover, and collect the same, with costs, in the manner provided for in actions under the Code of Civil Procedure, and all moneys so collected by him shall become a part of this Rehef and Pension Fund. The said treasurer may in liis name as treasurer bring an}' suit or action hereby authorized, and any action to recover any fee, fine or penalty under this chapter, or under said ordinances, may be brought in the Municipal Court of the city of Buffalo. § 270. 1. The Corporation Counsel of the city of Buffalo, without additional compensation, shall, under the direction of the said treasurer, take charge of the prosecution of all suits or proceedings instituted for the recoveiy and collection of fines, penalties, and the en- forcement of the several provisions of this chapter, collect and receive all moneys upon judgments recovered, or in suits or proceedings so instituted, pay all costs and dis- bursements out of moneys collected by him under the provisions of this chaptcr,or received from the said treas- urer for that purpose, and discontinue suits and proceed- ings, and execute satisfaction of judgments upon pay- ment of fines, penalties or costs in compliance with orders made in such suits or proceedings. He shall keep a cor- rect and accurate register of all suits and proceedings, and account for all money received and j)aid out thereon, and shall pay over to said treasurer the amount of all license fees, fines, penalties, and moneys received and col- Title IX.] REVISED CITY CHARTER. 153 lected by him after deducting the amount of his disburse- ments actuahy incurred, and the said treasurer's receipt therefor shall be an acquittance of the moneys so col- lected and paid over by said Corporation Counsel. And said treasurer is hereby authorized to settle or com- promise any suit or judgment for less than the amount of the same, with the consent of said Board of Tmstees. 2. Any officer or board of officers of the city of Buffalo who shall realize, receive or derive any money, which, under the provisions of this chapter is made a part of this Relief and Pension Fund, is hereby directed to pay over the same on the first day of the month succeed* the receipt and collection thereof to the treasurer of the said Board of Trustees, to be used and applied as a part of said fund. These provisions shall apply to pay, compensation or salary, or any part thereof, collected, forfeited, deducted or withheld from any officer or mem- ber of said Fire Department, for or on account of absence for any cause, lost or sick time, sickness or other dis- ability, physical or mental, or for any fine, penalty or forfeiture imposed upon such officer or member by way of discipline. *So in the original. 3. All pensions granted under the provisions of this chapter shall be exempt from execution, attachment or any process whatever. The said fund shall be sacredly kept and held secure, and distributed and applied for the purpose of pensioning the persons named in this chapter, and for no other purpose whatsoever. 4. Every person, who knowingly or willfully, in any wise, procures the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for rehef or pension, or the payment thereof, shall in every case forfeit a sum not exceeding two hundred and fifty dollars, to be sued for, and recovered by and in the name of said Board of Trustees, and when recovered it shall be paid over to, and thereupon become a part of 154 REVISED CITY ( IIAHTER. [Title X. .said Relief ami Pension Fund. Any person who shall willfully swear falsely in any oath or affirmation in ob- taining or procuring any pension or relief, or the pay- ment thereof, imder the provisions of this chapter, shall be guilty of perjury. 5. The said Board of Fire Commissioners is hereby authorized and directed, when this act takes effect, to pay and deliver the moneys and securities belonging to the said Firemen's Relief Fund to the treasurer of the said Board of Trustees, the same to become and constitute a portion of the Relief and Pension Fund created by this chapter. TITLE X. Chapter I. DEPARTMENT OF PUBLIC WORKS. Note on Amendments to this Chapter. Tix' Chart or, as adopted in 1801, provided for a Board of Piiljlic Works, to consist of thr(>e Commissioners. One was elected in 1891 to serve three years from January 1, 1892, on which date the Mayor was to api)oint two Connnissioners for terms of one and two years respectively. Tliereafter all terms were to be throe years. The two appointed Connnissioners were reqninHl to be of difterent political parties. By L. 1895, c. 8U5, the terms of office were ciianged from three years to four. L. 1901, c. 228, abolished the Board and substituted a single elected Commissioner, also giving definite titles and salaries to the heads of tile four bureaus in tiiis department and refpiiring certain qualiiications in persons appointetl to these positions. This change seemed to the revisers to require the substitution of "Commissioner" and "ho" in place of "Board" and "it," wherever the latter words occurred in the charter. (^onse(iuontly many .sections were amended by L. 1901 , c. 228, lint the changes were only verbal, except as noted above, and midor Section 273. The powers of th(> department and its relations to the rest of the city government, have not been changed since 1891, except in one or two minor points, which are noted under the particular sections. Any unexplained amendment of any section in this chapter may, therefore, be safely disregarded as making only verbal changes, leaving the substance of the section in force, exactly as printed, since 1891. Title X.] REVISED CITY CHARTER. 155 § 271. There shall be a Department of Public Works of which the Commissioner of Public Works shall be the head. The Commissioner shall be elected. In case of vacancy in the office of Commissioner it shall be filled by appointment by the Mayor until and including the thirty-first day of December after the next general or municipal election, at which election a Commissioner shall be elected to fill the unexpired term. On the first day of January after the passage of this act the terms of office of the two Commissioners of Pubhc Works required by this act to be appointed by the Mayor for full terms, shall cease, and all the powers and duties of the Com- missioners, and of the Board of Public Works shall be vested in and imposed upon the Commissioner of Pubhc Works who shall be elected at the municipal election held on the first Tuesday of November, nineteen hundred and one, as a legal successor in office of the Commissioner of Public Works heretofore required by law to be elected. The Commissioner of Public Works elected at the munic- ipal election to be held on the first Tuesday of November, nineteen hundred and one, shall be elected for a term of office for two years, to commence Januaiy first, nineteen hundred and two, and end Januarj^ first, nineteen hun- dred and four. At the municipal election to be held in November, nineteen hundred and three, the Commis- sioner of Public Works shall be elected for the term of office of four years, to commence on the first day of January, nineteen hundred and four, and end on the first day of Januaiy, nineteen hundred and eight . There- after the term of office of the Commissioner of Pubhc AVorks shall be four years, except as hereinbefore pro- vided in case of a vacancy in said office. The Commis- sioner of Public Works shall devote his whole time and attention to the duties of his office. He shall receive an annual salary of five thousand dollars. The Deputy Commissioners shall devote their whole time and atten- tion to the duties of their respective offices. They shall each receive an annual salaiy of three thousand dollars, 156 REVISED CITY CHAUTKH. [Titlc X. until thr same is fixed as hereinafter provided. The salaries of the Commissioner and of the Deputy Com- missioners shall not be changed during their respective terms of office. The Commissioner of Public Works shall have charge and control : Thus amended by L. 1895, c. 805, Sec. 18, and L. 1901, c. 228, Sec. 4. 1. Of all structures and property connected with the public water works, the supply and distribution of water, the collection of the water revenue, and of giving |)ermits for house connections with the same, except the Jubilee water works. He shall have power to construct, main- tain, extend, repair, and regulate waterworks, to supply the city and its inhabitants with water, and may cause water pipes to be laid in such streets in said city (paved or un paved), as shall be ordered by the Common Council. He shall also have power to purchase and repair all necessaiy boilers, engines, machinery, tools, and supplies for maintaining the water works and distributing water. Thus amended by L. 1901, c. 228, Sec. 4. 2. Of the designing, constructing, altering, and main- taining of the public sewers and drains, and of giving permits for house connections with same. The Commissioner of Pubhc Works shall have power to divide the city into sewer districts, and to make plans for the development and construction of systems of sewers in said sewer districts, including main sewers, branch sewers, and lateral sewers, and to make, certify, and file in his office, maps, plans, and descriptions (com- plete or partialh^ complete) of said sewer districts, and of systems of drainage developed, and proposed to be developed therein, which maps, plans, and descriptions when so certified and filed, shall be public records of the city; and the ])roposed systems therein embodied shall not be clianged thereafter to the detriment of any parcel of land which has been assessed, and has paid for the construction of any part of the said system of sewers or Title X.] REVISED CITY. CHARTER. 157 drainage, which is proposed to be changed, without com- pensation or provision for compensation, for such change. The amount of such compensation shall be ascertained by the Supreme Court in a proceeding taken for that purpose in said court by the city, or by any interested person; but such a proceeding must be begun within three months after the notice of the filing of such new^ plans is published in three successive issues of the official paper, or the right to such compensation shall be barred. Thus amended by L. 1892, c. 424; L. 1901, c. 228, Sec. 4. The act of 1892 added all after the first sentence. This addi- tion provides for sewer districts. 3. Of locating, laying out, opening, constructing, altering, regulating, grading, regrading, paving, repav- ing, curbing, guttering, repairing, cleaning, sweeping, and sprinkling all streets, avenues, places, alleys, and roads (except such as are placed in charge of the Park Commissioners) ; of removing ashes and garbage, keeping streets, avenues, alleys, and places free and clear of all encroachments, obstructions, and incumbrances, grant- ing builders' permits to occupy streets, laying of side and crosswalks, numbering houses, putting up street names, and superintending the erection of awnings. 4. Of the lighting of streets, avenues, places, alleys, and roads; the cleaning and repairing of public lamps, inspecting of gas and lamps, electric hghts, electric wires, conduits and building connections with electric plants, the locating and removing of all gas mains, telegraph, telephone, and electric hght poles; and he may cause all telegraph, telephone, and electric hght wires to be placed under ground, pursuant to directions of the Common Council. Thus amended by L. 1901, c. 228, Sec. 4. 5. Of constructing, repairing, and maintaining all bridges, canals, wharves, docks, piers, basins, shps, aque- ducts, tunnels, and culverts belonging to the city; and 158 KKVISED CITY rilARTER. [Title X. to regulate the maintenance and repairing of shcating, sheet pihng, -wharves, and piers situated on pubhc waters, and belonging to persons and corporations other than the city, in so far as it is necessary to maintain or repair the same to prevent the obstruction of such public waters, and to preserve the banks thereof; and the Common Council shall have power to cause any sheating, sheet piling, wharf and pier situated on public waters to be built, altered, repaired or rebuilt, and to regulate and direct the building, altering, repairing or rebuilding of the same, in so far as it is necessary to build, repair, alter or rebuild the same to prevent the obstruction of such pubhc waters, and to preserve the banks thereof; and to cause the expense thereof to be assessed upon the real estate benefited thereby, in the same manner as is by this act provided for the making and collecting of other local assessments, the work provided for herein to be done under the supervision and control of the Com- missioner of Public Works. Thus amended by L. 1901, c. 228, Sec. 4, and L. 1907, c. 650, Sec. 1. The amendment of 1907 added all after the third Une. 6. Of the constructing, altering, and repairing of public buildings, including school, fire, pohce, and w^ater buildings. 7. Of the filling of sunken lots, the fencing of vacant lots, licensing of vaults underneath streets, and of stair- ways, areas, and projections in the street. 8. Of repairing and closing wells, pumps, and hy- drants, and abating all nuisances on the requisition of the Board of Health. 9. Of making and preserving all surveys, maps, plans, estimates, and drawings relating to the laying out and improvement of streets, avenues, roads, alleys, sewers, water and gas mains, bridges, telegraph, tele- phone, and electric light mains, the constructing, alter- Title X.] REVISED CITY CHARTER. 159 ing, and repairing of public structures, buildings, and offices, and all other public works under the care of the said department. § 272. When any worlv or improvement, general or local, prescribed in this title, is necessary or advisable, the Commissioner may recommend the same to the Common Council, with or without plans, specifications, and descriptions. The Common Council may thereupon order the work done or may order that plans, specifi- cations, and descriptions shall be furnished with or with- out estimates of cost, or bids from responsible parties who will contract with the city to do the prescribed work. The Common Council may order any work or improve- ment, either with or without the recommendation of the Commissioner of Pubhc Works, but when such work or improvement is ordered in accordance with the plans, specifications, or descriptions, a contract therefor shall be made by the Commissioner, except where he is author- ized to do the work himself. All work and improve- ments ordered shall be under the direction and super- vision of the Commissioner, and when he shall make report to the Common Council of his action, the Council shall provide for the payment thereof, either from the general fund, or by local assessment, or both, as in this act prescribed. And no such work shall be executed until payment therefor has been provided as required by this act. He shall make a special report of any work done or contracted for when required by the Common Council or Mayor, and a general monthly report to the Common Council of his transactions for the previous month. The Common Council upon the recommenda- tion of the Commissioner of Public Works, and upon such terms and for such time, not exceeding five years, and upon such conditions as said Commissioner may pre- scribe, may authorize said Commissioner to enter into contract with any person or corporation for cleaning any or all the streets, alleys, pubhc parks, wharves, and 160 I{KVISI:D city CIIAItTER. [Title X. groiuuls t)f the city, and for removing the dirt, ashes, rubbish and garl)age therefrom, or for cremating or other- wise disposing within or without the Umits of the city of such street cleanings or such ashes, ruljljish or garbage but the aimual cost or expense thereof shall be placed in the annual estimates of said department, and paid in equal annual ])ro]7ortions. Thus amended by L. 1901, c. 228, Sec. 5. § 273. There shall be four bureaus in the Depart- ment of Public Works, each in charge of a Deputy Com- missioner, who, together with all officers, subordinates, and employees of the Department of Public Works, shall be appointed and removed by the Commissioner of Public Works, and their salaries and pay shall be fixed by the Commissioner of Public Works with the concurrence of the Common Council. In all cases in which by the general laws of the state compensation is required to be paid wc^ekly, pay accounts for employees shall be certified to the Common Council accordingl}^, and pay accounts for the Commissioner, his deputies, officers, and employees not reciuired to be so ])aid, shall be certified semi-month- ly; and on receipt of the same the Common Council shall order the proper warrants for the payment of said ac- counts to be drawn on the Treasurer. All matters and things under the charge and control of any officer or department on the day preceding the first Monday of Januaiy, eighteen hundred and ninety-two, the charge and control of which are not by this act vested in some other officer or de))artment, shall be under the charge and control of the Commissioner of Public Works on and after the said first Monday of January. Thus amended by L. 1901, c. 228, Sec. 5. This law gavo the chiefs of bureaus the title of Deputy Com- missioner. It also provided for payment of employees semi- monthly instead of monthly. 1. A bureau having under the Commissioner the charge and care of the construction of sewers, the granting of permits for sewer connections and their inspection, Title X.] REVISED CITY CHARTER. 161 the locating, laying out, opening, grading, regrading, curbing, guttering, paving, repaving, and repairing of all streets, avenues, alleys, and places; constructing and re- pairing roads, flagging, and repairing sidewalks, laying crosswalks, filling sunken lots, digging down lots, con- structing and repairing all wells and pumps, setting up lamp-posts, building docks and bulkheads, and repairing the same, building and repairing bridges, making and preserving all maps, surveys, plans and estimates, and drawings relating to the laying out, regulating, grading, and paving of all streets, alleys, and avenues, and any other pubhc improvements to be done by or under the supervision of the department. The chief officer in charge of this bureau shall be a Deputy Commissioner, and shall be called Deputy Engineer Commissioner. He shall be a reputable and practical civil engineer of not less than thirty years of age, and with an actual expe- rience as an engineer of not less than five years. Within ten days after the quahfying of the Commissioner of PubHc Works he shall appoint a Deputy Engineer Com- missioner to serve at his pleasure. The Deputy Engineer Commissioner shall in the absence or inability of the Commissioner of Public Works act as such Commissioner of Pubhc Works. Upon the appointment and quahfi- cation of such Deputy Engineer Commissioner the term of office of the present Chief Engineer shall cease. Thus amended by L. 1901, c. 228, Sec. 5. This law added the sentence providing for a Deputy Commis- sioner and all that follows. 2. A bureau having under the Commissioner the charge and care of all the ponds, conduits, reservoirs, tunnels, piers, engines, pumps, and lands connected with the waterworks, and of laying all water pipes, and the construction of all new work relating thereto, the ex- tension, and distribution of the water, the control of making all house connections with water mains, the setting of all water meters, taking and preserving their record, the setting and repairing of fire and drinking 102 REVISED CITY CHARTER. [Titic X. hydrants and keeping the same free from ice, and the collection of the revenue arising from the sale and use of water. The chief officer in charge of this bureau shall be a Deputy Commissioner, and shall be called Deputy Water Commissioner. lie shall be a reputable and practical mechanical or civil engineer of not less than thirty years of age or a person who has had the practical experience in the trades or professions of not less than five years, but these qualifications shall not render in- eligible for appointment the person holding the office of water superintendent on the thirty-first day of December, nineteen hundred and one. The Deputy Water Com- missioner shall in the absence or inability of the Com- missioner of Public Works and the Deputy Engineer Commissioner act as such Commissioner of Public Works. Within ten days after the qualification of the Commis- sioner of Public Works he shall appoint a Deputy Water Commissioner to serve at his pleasure. Upon the appointment and qualifying of such Deputy Water Commissioner the term of office of the present Water Superintendent shall cease. Thus amended by L. 1901, c. 228, Sec. 5. This law added the sentence providing for a Deputy Com- missioner and all that follows. 3. A bureau of building, having under the Com- missioner the charge and care of the construction, alteration, and repair of all buildings in the city. The chief officer in charge of this bureau shall be a deputy commissioner, and shall be called Deputy Building Commissioner. He shall be a reputable and practical builder or architect or a i)erson of practical experience in the building trades, not less than thirty years of age, and with an active experience in the trades of not less than five years. The Deputy Building Commissioner shall, in the absence or inability of tlieConmiissioner of Public Works and the deputies of the engineering and water bu- reaus, act as Commissioner of Pubhc Works. Within ten days after the qualifying of the Commissioner of Public Title X.] REVISED CITY CHARTER. 163 Works, as named in this act, he shall appoint a Deputy- Building Commissioner to serve at his pleasure. Upon the appointment and qualifying of such Deputy Building Commissioner the term of office of the present superin- tendent of buildings shall cease. The Deputy Building Commissioner shall also superintend the construction, alteration and repairs of all public buildings, and see that all building laws enacted by the State Legislature or passed as ordinances by the Common Council are en- forced. The Commissioner shall appoint not less than three inspectors of buildings, who shall be under the control of the Deputy Building Commissioner. These inspectors shall be practical building mechanics of not less than five years' experience in their trade. The sentences conferring the title of Deputy Building Com- missioner and prescribing eligibility qualifications for appointment were added by the amendment. 4. A bureau having under the Commissioner the charge and care of cleaning, sweeping, and sprinkling streets, removing ashes and garbage, keeping the streets, avenues, alleys, and places free and clear of all encroach- ments, obstructions, and encumbrances, supervising, inspecting, and cleaning sewers, regulating the occupancy of streets by hcensed hacks, carts, and trucks, granting builders' permits to occupy streets, numbering of streets, putting up street signs, cleaning and repairing public lamps, inspection of gas and lamps, electric lights, elec- tric wires, conduits, and building connections with elec- tric plants, the erection of awnings. The chief officer in charge of this bureau shall be a Deputy Commissioner, and shall be called Deputy Street Commissioner. In the absence or inability of the Commissioner of Public Works, and the Deputies of Engineering, Water, and Buildings, he shall act as Commissioner of Public Works. Within ten days after the qualifying of the Commissioner of Public Works as named in this act he shall appoint a Deputy Street Commissioner to serve at his pleasure. Upon the appointment and qualifying of such Deputy 1G4 REVISED CITY CHAKTKK. [l^ltle X. Street Commissioner the term of office of the present superintendent of streets shall cease. Tliis law added tlip sentence providing for a Deputy Com- missioner and all that follows. § 274. No person shall construct any of the works mentioned in subdivision one of section two hundred and seventy-one of this act without the written authority of the Commissioner of Public Works. Thus amended by L. 1901, c. 228, Sec. 5. § 275. All repairs of accepted streets, and the con- struction and repair of all crosswalks and approaches to crosswalks, shall be paid for from the general fund. For the purpose of this title the construction and repair of all crosswalks, and approaches to crosswalks shall be deemed repairs of accepted streets. Thus amended by L. 1894, c. 289, Sec. 2. Before the amendment this section read, "All repairs of accepted streets shall be paid for from the general fund." § 276. The Commissioner of Public Works shall esti- mate annually the amount necessary to be expended during the ensuing year for repairs to accepted streets, and shall return the said estimate to the Comptroller, with his other estimates of the department. Thus amended by L. 1901, c. 228, Sec. 5. § 277. The Commissioner of Pubhc Works shall cause the accepted streets to be repaired, without the previous order of the Common Council, and shall employ the necessary men, and purchase the necessary materials. When any such work has been done or any material has been purchased, the Commissioner shall certify the ex- pense of the same to the Common Council. The Common Council shall thereupon order the proper warrant for the payment thereof to be drawn on the Treasurer. Thus amended by L. 1901, c. 228, Sec. 5. Title X.] REVISED CITY CHARTER. 165 § 278. For the purpose of this title, repairs of streets shall be deemed to include the cleaning and repairing of all public sewers and receivers. § 279. All streets or parts of streets paved at the time this act takes effect, or which shall subsequently be paved, shall be deemed accepted streets within the mean- ing of this title, and shall be repaired when necessary, if the Commissioner of Pubhc Works certifies that less than one-third of the carriageway is in condition requir- ing repairs, but whenever the Commissioner of Public Works shall certify that it is not expedient to make fur- ther repairs upon the pavement in an accepted street, or in the portion thereof between two streets that intersect or meet the same, the Common Council may order said street, or the portion thereof mentioned in such certifi- cate, repaved, and two-thirds of the expense thereof shall be paid by local assessment, and the remaining one-third thereof shall be a charge on, and paid out of the general fund of the city, as in this act provided. All acts and proceedings heretofore had or taken by the city of Buf- falo, its departments and officers, to repave or repair an accepted street, or any part thereof, and to defray the expense of such repaving or repair by local assessment, are hereby legalized, ratified, and confirmed, but nothing in this section contained shall affect any action or pro- ceeding at law now pending. Thus amended by L. 1900, c. 749; L. 1901, c. 228, Sec. 6, and L. 1903, c. 392. * The amendment of 1900 provided for repaving any one or more blocks when beyond repair; there was doubt previously whether any repaving could be done on less than the entire length of a street. The amendment of 1903 provided that one third of the cost of repaving should be paid from the general fund; previously the whole cost was paid by local assessment. § 280. The Commissioner of Public Works shall esti- mate annually the amount necessary to be expended during the ensuing year for the cleaning and repairing of all public sewers and receivers, and shall return such 16(3 REVISED CITY CHARTER. [Title X. estimate to the Comptroller with the other estimates of the costs o^the department. Thus amended by L. 1901, c. 228, Sec. 7. § 281. The Commissioner of Pubhc Works may cause surveys to be made of all the streets and pubhc squares of the city, and shall from time to time, as such surveys progress, file descriptions and surveys of such streets and squares in the office of the City Clerk. Such surveys and descriptions, and certified copies thereof, shall be evi- dence of the existence of the streets and squares so sur- ve)'"ed and described, and their boundaries and location. Thus amended by L. 1901, c. 228, Sec. 7. § 282. No Commissioner of Pubhc Works or Deputy Commissioner, and no subordinate or employe of the department shall be pecuniarily interested in any con- tract made for the department, or in the purchase, sale, or repair of any article used by it. Thus amended by L. 1901, c. 228, Sec. 7. § 283. No expenditure or contract exceeding or involving the sum of five hundred dollars shall be made by the Commissioner of Public Works without the con- sent of the Common Council. Before the Commissioner of Public Works shall enter into a contract for the per- formance of any work, the expense of which shall exceed the sum of five hundred dollars, he shall cause a notice to be published in the official paper, and two other daily papers in the city, twice a week for two weeks, inviting proposals for the same, according to the plans and speci- fications to be filed in his office, and the contract shall be let to the lowest responsible bidder, who shall furnish security for its performance satisfactory to the Com- missioner of Public Works. Thus amended by L. 1901, c. 228, Sec. 7. § 284. The Commissioner of Public Works shall make and enforce rules and regulations for the govern- Title X.] REVISED CITY CHARTER. 167 ment of the officers and employes of the department in the dischai'ge of their duties. Thus amended by L. 1901, c. 228, Sec. 7. § 285. The Commissioner of Pubhc Works shall subject to the approval of the Common Council, fix the rates to be charged for the use of water, and shall have charge of the collection thereof. He shall have power to adjust the rates as established, and to increase or diminish the rates in cases where consumers increase or lessen their consumption of water,and to refund a pro- portionate amount of rates paid in cases where con- sumers cease to use water. Water rates shall be payable semi-annually m advance, on days to be fixed by the Commissioner of Public Works. The Commissioner of Public Works may divide the city into districts, andfix the days on which the rates in each district shall be paid. Thus amended by L. 1901, c. 228, Sec. 7. i^ 28G. The Commissioner of Piil)Iic Works shaU pay daily to the City Treasurer, all moneys received Ijy him from any source, and make a report at the same time to the Comp- troller. All moneys accruing each fiscal year from the sale and use of water shall be used for the payment of interest on all outstanding water bonds and of principal due and pay- able in that year on water bonds not renewable, so far as the same may be available, and the balance, if any, shall be applied as a resource in the appro j^riations to be laiiscd by tax for the next fiscal year. Thus amended by L. 1901, c. 228, Sec. 7, and L. 1902, c. 552. § 287. All claims against the city, connected with this department, shall be audited by the Commissioner of Public Works before bemg presented to the Common Council. The time during which any claim shall remain in the hands of the Commissioner of Public Works for audit shall not be a part of any time hmited for the commencement of an action against the city, and the time of such hmitation shall be extended accordingly. Thus amended by L. 1901, c. 228, Sec. 7. '168 REVISED riTY CHARTKR. [Title X. § 288. It shall bo the duty of the owner or ocfuj)ant of any premises in the city, whenever such work shall be ordered by a resolution of the Common Council, to lay water, sewer, and gas service pipes from the main pipes in the street in front of such premises to such point be- yond the curb line as the Conmiissioner of Public Works may determine. It shall also be the duty of such owner or occupant to lay and relay sidewalks in front of such ])reniiscs whenever the same shall be so, as aforesaid, ordered, and to at all times keep and maintain the side- walk in front of such premises in good order and repair, and to remove snow and ice therefrom within the time, and as required by the city ordinances. The Commis- sioner of Public Works shall notify the owner or occupant of any premises in front of which any such work, except- ing the removal of snow^ and ice, and repair of sidewalks, shall be required to be done, that if the same is not done by the owner or occupant within ten days, the same shall be done by the cit}^, and the expense thereof will be assessed upon such premises. Such notice may be served personally, or by mailing the same in the manner prescribed in section one hundred and fifty of this act for the mailing of notices by the Assessors. In case any such work shall not be done within the time specified in such notice, and in case any such owner or occupant shall fail or neglect to keep the sidewalk in front of any premises owned or occupied by him in good order and repair, or to remove the snow or ice therefrom, as re- quired herein, said Commissioner of Public Works may cause such work to be done and the expense thereof shall be a charge and lien upon such premises. The Commissioner of Public Works shall cause a monthly assessment-roll to be made for all such work, and for removing material and obstructions from public streets completed during the month, and work shall not be deemed completed until all included in one resolution of the Common Council shall be finished, and any such work omitted from a monthly assessment-roll may be Title X.] REVISED CITY CHARTER. 169 included in the next. Such rolls shall contain descrip- tions of the premises and the names of the owners, the same as are required in local assessment-rolls made by the Assessors, and also stated in separate columns, the charge agamst the respective parcels of land for each kind of work above specified, and shall be entitled "as- sessment-roll for water, sewer, and gas connections, con- structing, repairing and cleaning sidewalks, and remov- ing street obstructions," specifying the month and year, and shall be arranged by streets alphabetically, and shall be prepared and remain on file in the office of sa'd Com- missioner of Public Works, open to inspection by any person interested, and to revision by said Commissioner of Pubhc Works for at least one week prior to the first day of the second month after the completion of the work for which the roll is made. Previous notice that the roll will be so open to inspection, and subject to re- vision and correction, shall be given by mail.ng the same to each person so assessed, as hereinbefore provided for mailing notices, and during such time the Commissioner of Public Works may hear interested parties, and shall make such correction, changes, and alterations in such roll, and in the assessments therein, as shall be deemed just and equitable. Where any assessment has been om'tted from such a roll, or where any assessment therein is on the wrong premises, or where the Commissioner cf Pubhc Works shall require further time, or where, for any reason, the Commissioner of Public Works deems it advisable to strike an assessment from such a roll, that may be done, and the omitted or delayed assessment shall be assessed and included in the monthly roll pre- pared next thereafter, provided, however, that in addi- tion to mailing notices as hereinbefore provided, the Commissioner of Public Works shall give notice to the owners of land upon which any previously omitted or delayed assessment is to be spread, by publishing the same in one issue of the official paper within three days prior to the first day such roll will be open to inspection 170 REVISED CITY CHARTER. [Title X. and revision. After the roll shall have been corrected and revised, prorf by affidavit of the giving of the notices herein required shall be attached thereto, and it shall be certified by the secretaiy of the Commissioner of Public Works, and filed with the City Clerk on or before the tenth day of the next month after the roll shall have been prepared. Objections to such roll, or to any item there- of, may be filed with the City Clerk on or before the fifteenth day of said month, and either before or after the roll shall be filed with him, in the same form as ob- jections filed with him to other local assessment-rolls. If no such objections shall be so filed, the City Clerk shall at the first meeting of the Common Council after said fifteenth day of the month, report to the Common Coun- cil that no objections have been filed, and the Common Council shall adopt a resolution confirming the roll. If any such objections shall be so filed, the City Clerk shall at the first meeting of the Common Council after said fifteenth day of the month, present the same to the Common Council, which shall on that day, or on such other day or days as it shall appoint, hear the objections and confirm the roll, in whole or in part, and may by a two-thirds vote in each Board correct or revise it, and confirm it as so corrected or revised. Upon the con- firmation of any such roll, the City Clerk shall attach to it his certificate that the roll has been confirmed, and deliver the same to the Comptroller, and it shall be pro- ceeded with as are local rolls made by the Assessors, and all of the provisions of the charter relating to local rolls made by the Assessors after the same have been con- firmed and delivered to the Comptroller shall be ap- plicable thereto. No assessment provided for herein shall be deemed invalid by reason of any error in the name of the person to whom notice is given or the name of the owner of the premises assessed, and all assessments herein provided for shall be assessed upon the lands and premises in front of which the work is done, according to the lineal frontage. Title X.] REVISED CITY CHARTER. 171 Thus amended by L. 1895, c. 805, Sec. 19, and L. 1901, c. 228, Sec. 8. This section originally was brief, containing only a bare outline of the present provisions. As printed above, the section was prac- tically all new in 1895. The law of 1901 made only unimportant verbal changes. § 289. The Commissioner of Pubhc Works may estabhsh, designate, and maintain hydrants within the city to supply the public with water, and the expense thereof may be assessed upon and collected from the property deemed benefited, in hke manner as provided in title five of this act, for assessment and collection of assessments; and the Commissioner of Public Works shall designate the districts by boundaries within which such assessment shall be levied. Thus amended by L. 1901, c. 228, Sec. 9. § 290. The Deputy Building Commissioner, under the direction of the Commissioner of Public Works, shall enforce the ordinances of the city, regulating the con- struction, alteration or repair of buildings in the city. He and the inspectors of buildings shall have authority to enter any premises or building for the purpose of examining its condition; and whenever in the judgment of the Deputy Building Commissioner any building or any part of a building shall be dangerous to the pubhc, or unsafe, he may, under the direction of the Commissioner of Pubhc Works, when the same shall be approved by the Common Council, order such building. to be torn down, and in case his order shall not be obeyed, he may cause it to be torn down; or he may order it to be repaired so as to be safe, and in case his order shall not be obeyed, he may cause the proper repairs to be made. Thus amended by L. 1901, c. 228, Sec. 9. § 291. The expense of removing or tearing down any unsafe building, or of making it or any portion thereof secure, shall be a Hen on the property on which the building stood, and may be enforced and collected in the 172 REVISED CITY CHARTER. [7'///^' X. same manner as a local assessment thereon, or it may be recovered from the owner of the premises upon which the building stood, by action brought in the name of the city. § 292. Before the construction or remodehng of any building in the city is commenced, the owner shall hie with the Deputy Building Commissioner a sworn state- ment of the character and use of the building he proposes to erect, and its location on his premises. And in all cases, except where the building is a one or two-story frame dwelling, or one or two-story frame store, or dwell- ing within the limits where wooden buildings may be erected, he shall file a copy of the plans and specifications of such building, and a statement which shall contain the name and residence of the owner, and the purposes for which the building is designed, and which shall be sworn to by the owner or his authorized agent. The Commissioner of Public Works shall, within ten days after the filing of the plans, specifications, and statement, approve the same, or indicate in waiting the alterations to be made therein to comply with the general laws of the state and ordinances of the city, and no building shall be erected or remodeled until the approval of the Com- missioner of Public Works shall be obtained, and a written permit issued by him to the owner or builder of such building. Nothing herein contained shall affect the exclusive power of the Common Council to grant per- mits for buildings under subdivision five of section seven- teen of this act. Thus amended by L. 1901, c. 228, Sec. 9. § 293. The Commissioner of Public Works shall report to the Corporation Counsel any violation of the building laws of the state and ordinances of the city, for which a fine, penalty or forfeiture is prescribed, and the Corporation Counsel shall thereupon bring an action to enforce the same. In case the construction or remodel- ing of any building is commenced without the permission Title X.] REVISED CITY CHARTER 173 of the Commissioner of Public Works, he shall order the work to be stopped. In case the work on the building is continued he shall report the facts to the Corporation Counsel, who shall, by action, enjoin the further prose- cution of such work until the permission shall be ob- tained. The court shall enjoin the prosecution of the work, pending the action. The Corporation Counsel shall not settle or discontinue any such action without the written consent of the Commissioner of Public Works. The usual costs in an action at law and special proceed- ings shall apply to these proceedings. Thus amended by L. 1901, c. 228, Sec. 9. § 294. ■ The captains of police in the several districts of the city shall report daily to the superintendent of police all defective street lamps which may be discovered in their respective districts, and all street lamps which were not hghted during any night ; and shall also report daily to such superintendent of pohce all defects which may be discovered in the streets or sidewalks, and all omissions to clean the same. And the superintendent shall make a consolidated report of the same to the Department of Pubhc Works daily. Notice to any member of the pohce force of any defective streets shall not be notice to the city until actually received by the Commissioner of Pubhc Works. Thus amended by L. 1901, c. 228, Sec. 9. § 295. All gas, telegraph, telephone, and electric hght companies, having subways or conduits, or anj^ other persons or corporations having grants from the city for any subways or conduits in public streets or alleys, shall be required to file with the department, service maps and plans of all their mains, subways, and conduits in exist- ence at the time this act shall go into effect, and shall thereafter obtain permission from this department for laying or relaying all mains, subways, and conduits. 174 REVISED CITY CHARTER. [Tille X. § 296. Tlie Commissioner of Public Works shall have authority to purchase or lease a piece of land to be used as a store yard or depot of supplies, where shall be stored all materials necessary for repairing the public works which are under the charge of this department. Thus amended by L. 1901, c. 228, Sec. 9. § 297. Before the city shall order the extension or alteration of the waterworks, or the construction, in whole or part, of new waterworks, the Commissioner of Public Works shall have power to determine upon the plans and specifications of such extension, alteration or construction, and no extension of said waterworks shall be ordered except upon the recommendation of the Commissioner of Public Works. When any extension, alteration or construction (except pipe laying), the ex- pense of which shall exceed the sum of five hundred dollars shall be ordered, it shall be the duty of said Com- missioner of Public Works to advertise by publication in the official paper, and in two other daily papers twice a week for two weeks, a notice inviting, until a certain day to be specified in the notice, sealed proposals to do the work and furnish the materials according to the plans and specifications on file in the office to be specified in such notice. But said Commissioner of Public Works may, in his discretion, employ necessary labor, purchase necessary supplies for, and cause any or all water pipes to be laid under his own supervision. Thus amended by L. 1901, c. 228, Sec. 9. § 298. When any work or repairs not herein other- wise specially provided for shall be ordered by the Com- mon Council upon or in front of premises, the Commis- sioner of Public Works shall notify the owner or occupant personally or by mail, at least ten days before the Com- missioner of Public Works will undertake the work, that if such w^ork or i-epairs is not done or made within ten days, the same will be done by the Commissioner of Pub- Title X.] REVISED CITY CHARTER. 175 lie Works, and the expense thereof, together with twelve per centum per annum from the time the work was done, will be assessed upon the premises in front of or upon which the same shall be done or made in the manner that other local assessments are made. Thus amended by L. 1894, c. 289, Sec. 3, and L. 1901, c. 228, Sec. 10. Before the amendment of 1894, this section referred only to "repairs to sidewalks or any other repairs in front of or work upon premises." § 299. The Commissioner of PubHc Works shall not, without the consent of the Common Council, expend n any one year any greater amount of money than shall have been appropriated by the Common Council in the annual appropriation for said year for said department, except as provided in section seventy-three. Thus amended by L. 1901, c. 228, Sec. 11. Chapter II. JUBILEE WATERWORKS. § 300. The city shall have power to maintam, repair, and regulate the Jubilee waterworks for the use and benefit of the inhabitants of the parish tract. § 301. There shall be a Board of Jubilee Water Com- missioners, which shall consist of three members, who shall be appointed by the Mayor, and hold their offices for the term of three years. Each Commssioner shall be a resident of the parish tract, and shall serve without compensation. § 302. The Jubilee Water Commissioners in office at the t'me this act takes effect shall constitute the first Board, and serve out the terms for which tiiey were respectively appointed. Whenever a vacancy arises in such Board, by reason of the expiration of the term of office of any Commissioner, the Mayor shall appoint a Jubilee Water Commissioner to serve three years. 176 REVISED CITY CHARTER. [Title XI. § 303. The Board shall have charge of the manage- ment of the Jubilee waterworks and their appurtenances. § 304. The Board shall appoint, and may at pleasure remove, a superintendent. § 305. The Common Council shall fix, regulate, and levy the rates and charges for the use of the Jubilee water, and it shall provide for the assessment, levying, and collection thereof. It shall levy and assess upon the taxable property of the parish tract all other taxes neces- sary for the maintenance of the Jubilee watenvorks, and provide for their collection; and may enact such ordi- nances as it may deem necessary to carry into effect the provisions of this chapter. § 306. All water rates, charges, penalties, and taxes shall, when collected, constitute a fund to. be called the "Jubilee water fund," and shall be applied to the pay- ment of all expenses or liabilities incurred in maintaining the Jubilee watel■\^'orks. § 307. All claims against the city, growing out of the maintenance of the Jubilee waterworks, shall be audited by the Board of Jubilee A\'ater Commissioners before being presented to the Common Council. Nothing in this chapter contained shall be constmed to repeal or affect chapter one hundred and fifty-four of the laws of eighteen hundred and ninety, except that no compensa- tion shall be paid to any officer or employee mentioned in the eighth section of that chapter, unless" such com- pensation shall be first authorized and approved by the Common Council by ordinance. TITLE XI. DEPARTMENT OF PARKS. § 308. There shall be a Department of Parks, of which the Board of Park Commissioners shall be the head. Title XL] REVISED city charter. 177 It shall consist of five members, who shall be appointed by the Mayor, who shall also be a member of said Board, ex officio. The name and style of said Board shall be "the Park Commissioners." The terms of office of the Park Commissioners in office at the time the amendment to this section takes effect shall cease and terminate upon the appointment of the Board of Park Commissioners pursuant to the provisions of the section as amended, and such existing Board shall turn over to the Board ap- pointed pursuant to this section as amended all the books, papers, records, money, and property in its possession or under its control as such Board of Park Commissioners. Within ten days from the time this act takes effect, the Mayor shall appoint five Park Commis- sioners, one for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, and one for the term of five years, and every year thereafter, upon the expiration of the term of office of a member of such Board, the Mayor shall appoint a Park Commissioner for a full term of five years. Should a vacancy occur in said Board by reason of death, resignation, or otherwise, except the expiration of term of office, the Mayor shall appoint a person to fill such vacancy, whose term of office shall expire at the end of the term of the one whose vacancy he is appointed to fill. Thus amended by L. 1902, c. 19. The amendment reduced the number of Park Commissioners from fifteen to five. § 309. No member of said Board shall receive any compensation for his services, but each Commissioner shall be entitled to receive his actual disbursements for expenses in visiting and superintending said park, when such visits or service shall be made or rendered by the direction of the said Board of Commissioners. No mem- ber of the Common Council shall be eligible to the office of Park Commissioner. 178 REVISED CITY CHARTER. [Title XI. § 310. A majority of the Board shall constitute a qiioriiiii for the transaction of business. The said Board shall have the full and exclusive power to make rules and by-laws for the orderly transaction of their business; to govern, manage, and direct, and to lay out and regulate the parks and approaches thereto; to appoint a superin- tendent and such engineers, surveyors, clerks, and other officers as may be necessary; to prescribe and define their respective duties, and to fix the amount of their com- pensation, and generally in regard to said parks and approaches thereto they shall possess all the power and authority now by law conferred upon or possessed by the Conunon Council in respect to the pubhc streets, sidewalks, squares, and places in said city. The said Board shall have sole and exclusive power by contract or otherwise, to open, grade, construct, repair, and main- tain the roadways of said approaches, and the assent of adjacent property owners thereto shall not be necessary; but no work shall be done where any part thereof is assessable, as hereinafter provided, until notice of in- tention to order it shall have been |)ublished in the official paper, by order of said Board, at least twice a week for two consecutive weeks before the same shall be ordered, the last publication to be at least one week before the same is so ordered, and all interested parties shall have an opportunity to be heard before said Board at such time as it shall appoint in such notice; provided that no notice or hearing shall be necessary in the case of work the expense of which shall not exceed two hundred dol- lars. The said Board shall have })Ower to control side- walk borders, and to plant, regulate, and maintain trees thereon, and to construct and lay, or cause to be con- structed and laid, sidewalks on the said approaches, and to provide by ordinance for repairing the same, and' removing snow, ice, and dirt therefrom, by or at the expense of the owners and occupants of the property in front of which such sidewalks may be, and to provide fines and penalties for violation of such ordinances, not Title XI.] REVISED CITY CHARTER. 179 exceeding twice the cost of such repairing, and the re- moving of such ice, snow, and dirt, and all persons vio- lating the same shall be deemed guilty of a misdemeanor, and punished as hereinafter provided. The said ap- proaches shall, within the intent and meaning of this act, be deemed to include all lands within the boundaries thereof, together with all rights and easements appurte- nant thereto, and such portions thereof as may be within the boundaries of intersecting city streets; provided, nevertheless, that the Common Council shall have juris- diction of said intersecting city streets up to the curb hne of such approach, but no new street shall be laid out to intersect any park approach without the consent of the Park Commissioners, and the expense of opening, gradmg, paving, repairing, and mamtaming the road- ways and sidewalks of such portions of said intersectmg city streets shall be assessed and collected in the same manner as the expense of constructing, grading, and repairmg the city streets or sidewalks. The officers and pohcemen heretofore appomted by the said Park Board, who are in office when this act takes effect shall continue in office as members of the regular pohce force of the city of Buffalo, with the rank and pay of patrolmen. Thus amended by L. 1898, c. 83. This section originally provided for a park police force, not exceeding twelve in number. The amendment struck out this provision and added the last sentence as printed above. § 311. It shall be a misdemeanor for any Park Com- missioner to be directly or indirectly, in any way pecu- niarih^ interested in any contract or work of any kind whatever coimected with said parks or approaches tiiereto, and it shall be the duty of every person who may have knowledge or mformation of the violation of this provision, forthwith to report the same to the Mayor, who shall present the facts^of the case to the Superior Court of Buffalo. The said court shall hear, in a sum- mary manner, such Commissioner in relation thereto, and any evidence he may offer; and if after such hearing 180 REVISED CITY CHARTER. [Title XL the said court shall be satisfied of the truth of sucli charge, the judge holding the same shall by an order of said court, to be made at chambers or in term, immedi- ately remove such Commissioner. Eveiy Commissioner shall, before entering upon the duties of his office, take and subscribe the oath prescr bed l^y the constitution of the State, uhich oath shall be filed in the office of the clerk of the Superior Court of Buffalo. § 312. The said Park Commissioners shall, in the month of Januaiy in each year, make to the Common Council a full report of their proceedings and a detailed statement of all their receipts and expenditures. § 313. It shall be lawful for the said Park Commis- sioners to let from year to year, or for any term not exceeding ten years, any buildings and the grounds attached thereto which may be within the boundaries of said park or parks, and the said Park Commissioners may sell any building, improvements, and product of said park or approaches, which hi their judgment shall not be required for the purposes of said parks and ap- proaches; and the proceeds of such leases and sales shall be deposited with the Treasurer of said city to the credit of the park fund, which is hereinafter created; and such proceeds shall be used by the said Commissioners for the improvement or maintenance of the said parks or ap- proaches. It shall also be lawful for the said Park Com- missioners to set'apart to the Buffalo Fine Arts Academy, a corporation organized and existing under the laws of the State of New York, sufficient land for the constmction thereupon of a pennanent art building or buildings, and approaches thereto, said buildings to remain the property of said corporation, within that portion of said park or parks bounded on the east by I.incoln Parkway, or the extension thereof, north to the bridge across the Park Lake, on the north by North Bay, on the west by Elm- wood Avenue, and on the south by the south boundaiy line of Delaware Park, and to that end the said Park Title XL] REVISED city charter. 181 Commissioners are hereby authorized in their discretion to make and enter into a contract with the Buffalo Fine Arts Academy for the use and occupation of such lands within the boundaries of the said park or parks, by the said Buffalo Fine Arts Academy and its successors, and said contract may provide among other things that such use and occupation shall continue so long as the said the Buffalo Fine Arts Academy, or its successors, shall maintain upon said land an art building or buildings, which, with the general collection of works of art of said corporation, shall be free to the inspection and for the use of the public at all reasonable times; but it shall be law- ful for said contract to provide for the suspension of such free public use and inspection during the Pan-American Exposition to be held in the city of Buffalo, and to pro- vide for the temporaiy suspension of such free public inspection and use of any portions of such building which may be required from time to time for special exhibitions of works of art; and it shall be lawful for said contract to provide that no further buildings or encroachments of any kind shall be permitted upon that portion of the said park or parks within the boundaries above described, so long as the said art buildings shall remain upon the land to be set apart and occupied as herein provided. Thus amended by L. 1900, c. 278. The amendment added the provision for a site for the building of the Buffalo Fine Arts Academy and all that follows. § 314. The said Park Commissioners shall have power upon such terms, and upon the payment of such yearly license fee or such per capita tax as said Commissioners may prescribe, to grant to any street railway company the pri\ilege of lajdng down and operating a railway, for the carriage of passengers only, through said approaches; but no street or other railway shall enter upon, in, or through the said park or parks without the consent of two thirds of the members of the Board. The said Com- missioners shall have sole power to license hacks, omni- buses, and other vehicles for use in said park, parks, or 1S2 REVISED CITY CHARTER. [Title XL approaches, and boats for use on park waters under such regulations as the said Commissioners shall prescribe. All sums of money which may be received by the said Commissioners pursuant to this section shall be depos- ited with the City Treasurer to the credit of tlie park fund, and shall be devoted to the improvement and maintenance of said parks or approaches. § 315. The Common Council shall eveiy year grant to the said Park Commissioners such sum of money as they shall require, and as to the said Conmioii Council shall ai)pear reasonable and just, for the government, improvement, paving, and maintenance of said parks and approaches, and for keeping in repair the improvements and structures therein, and for furnishing a suitable office for said Commissioners. One half of all expenses for opening, grading, paving, or constructing the road- way or roadways of the said approaches shall be paid from the general fund, and the other half be defrayed by local assessments upon the lands adjacent to such ap- proaches, or which the Assessors shall determine to be benefited thereby, and shall be a hen thereon, and assessed, levied, and collected in the same manner as other local assessments, and when collected shall be paid into the park fund; provided that where any ap- proach or part of an approach shall have three road- ways, the whole expense of opening, grading, construct- ing,or i)a\'ing the central roadway shall be paid from the general fund, and one half the expense of opening, grad- ing, paving, or constructing either lateral roadway shall be assessed upon the private property adjacent to such lateral roadway and benefited thereby, and the other half shall be paid from the general fund. Where any approach, or part of an approach, has two roadways and no more, one half of the expense of opening, grading, constructing, or paving each roadway shall be assessed on the adjacent property benefited thereby, which shall be on the same side of the approach as the roadway on which the work shall be done, and the other half shall be Title XL] REVISED city charter. 183 paid from the general fund. But the repair of all park- ways and approaches which shall have been paved or macadamized, shall be paid for out of the general fund when less than one third of the roadway is in condition requiring repair. But, whenever on any one or more blocks or sections of any park approach, more than one third of the roadway requires repair the work shall be deemed paving anew, and shall be paid for as original paving. The Common Council shall order the expense of openmg, grading, constmcting or paving such ap- proaches as is herein provided to be paid by adjacent property benefited, to be assessed, levied, and collected as local assessments, as hereinbefore provided, upon the same being reported to them by the Board, and all such assessments, when collected, shall be pa d into the park fmid. The said Commissioners may construct, repair, and maintain sidewalks upon said approaches at the expense of the owners of the parcels of land in front of which the work is done, and shall report the expense of the work to the Common Council, which shall direct the same to be assessed upon the parcels of land in front of which the work was done or is to be done, in propor- tion to the benefit; and the Board of Assessors shall thereupon assess the same. Such assessments shall be liens upon the property assessed, and be levied and col- lected in the same manner as other local assessments. All moneys collected upon such assessments shall be paid into the city treasury to the credit of the park fund. The said Commissioners shall furnish annually an esti- mate of what sum of money they will require for the government, maintenance, and improvement of said park, parks, and approaches, specifying the particular improvements which are proposed to be made on any park approach, and the said Council m making its annual grant to said Commissioners shall specify each item, and the amount of each item of such estimate granted for improving any of such approaches, as well as the total amount. Said Commissioners shall not apply the mon- 184 REVISED CITY CHARTER. [Title XI. eys so granted for any particular imjirovcmcnt on any park approach to any other j)iupose. The money granted by said Common Council shall be paid out of the park fund which is hereby created, when ordered by said Commissioners, upon their drafts, signed by the president and secretary, and countersigned by the Comp- troller. The said annual estimate of the Commissioners shall be certified by the secretary of said Board, and furnished to the City Com])troller on or before the first day of February of each year, which estimate shall re- ceive the same consideration by the Comptroller as estimates of the other city departments, and shall be included by said Comptroller in his annual estimates. Thus amended by L. 1895, c. 705, Sec. 1, and L. 1900, c. 245. The amendment of liS95 changed the manner of paying for n>pairs of pavements or roadways of park approaches. Previously one half of the cost of all such repairs, where the same exceeded two hundred dollars, was assessed on the adjacent property benefited. The amendment of 1900 gave the romptroller the right to revise the annual estimate of the Park Conunissioners, which previously he was required to include in his estimates without change. § 31G. The said Board of Commissioners shall have the sole power to determine the places in said parks and approaches where sewers and gas and water pipes shall be laid ; and no trench for any sewer, gas-pipe or water- pipe shall be opened in any of said parks or approaches until said Commissioners shall have designated the loca- tion of the same. They shall have power, w^hen the roadway or any approach is constructed or repaired, to cause connections to be made and extended from the sewers, gas-pipes, and water-pipes which may be therein, to the sidewalk border thereof, at such distances apart as they shall determine to be necessary. The expense of making such connections shall be a local tax, and shall be ordered by said Common Council to be assessed upon the parcels of land with which such connections shall be made, upon the expense thereof being reported to it by the Conmiissioners. The city may recover the Title XL] REVISED city chakter. 185 amount of such assessments, with the additions and interest, of the owners of such parcels, by action in its name, when they shall remain unpaid for more than sixty days after the rolls shall have been delivered to the City Treasurer, and may enforce the same as provided in title five of this act for the enforcement of assessments. Such assessments when collected shall be paid into the city treasury, to the credit of the park fund. § 317. None of the said Park Commissioners, nor any person, whether in the employ of said Commissioners, or' otheiwise, nor said Common Council, shall have the power to create any debt, obhgation, claim, or liability for or on account of the said Park Commissioners, or of said park, parks, or approaches, except with the express authority of said Commissioners conferred at a meeting thereof duly convened and held. But said Park Com- missioners may, with the consent and approval of the Common Council and Mayor, enter into contract with any person to repair and maintain the pavement of any approach or parkway for a term not to exceed five years, and when such contract is made the Common Council shall each year make the necessary appropriation to pay what may become due on the contract for that year. Thus amended by L. 1895, c. 705, Sec. 2. This amendment added the last sentence. § 318. No telegraph, telephone, or electric light wires, or other wires, or posts or supports therefor, shall be erected or placed in, upon, through, or over said park, parks, or approaches, without the consent of said Park Commissioners, and the said Commissioners shall have full power and authority to designate the place and places for and manner of erecting, placing, and maintain- ing the same, and may cause the places and manner of maintaining the same, whether heretofore or hereafter erected or placed, to be altered at such times and in such manner as they shall deem best for the interests of said 186 REVISF.I) CITY CHAKTKH. [Title XL park, parks, and aj)pr()ache8, and may require such wires to be laid under ground. § 319. The office of an}- one of the said Park Com- missioners wlio .shall not attend the meetings of the Board for three successive months, after having been duly noti- fied of such meetings, without satisfactory reason there- for, or without leave of absence, shall by said Board be declared ^•acant. ^ § 320. Real and personal property may be granted, bequeathed, devised, or conveyed to the said city for the })urpose of the improvement or ornamentation of the said parks or approaches, or for the establishment or mainte- nance therein of museums, zoological or other gardens, collections of natural history, observatories, hbraries, monumentts, or works of art, upon such trusts and condi- tions as may be prescribed by the grantors or devisors thereof, and agreed to by the Mayor, Common Council, and Park Commissioners. All property so devised, granted, bequeathed, or conveyed, and the rents, issues, profits, and income thereof, shall be subject to the exclu- sive management, direction, and control of said Park Commissioners. Real estate may also be conveyed to the city for the ])urj)ose of additions to said parks or approaches, provided that the location of such real estate, and the condition of the conveyance, be agreed to by the Mayor and Common Council, and by the Park Commis- sioners. § 32] . It shall be lawful for said Board, at any meet- ing thereof duly convened, to enact such ordinances as it may deem necessary for the use, regulation, protection, and government of said parks and approaches, not incon- sistent with the ordinances of the city or the provisions of this act, and to prescribe fines and penalties not ex- ceeding one hundred dollars or imprisonment in the Erie County penitentiary not exceedmg thirty days, or both, for their violation . Such ordinances, upon their passage, shall be pul)lished ten days in the official paper. The Title XL] REVISED city charter. 187 secretary' of the Board shall make and sign a record, in a book to be provided for that purpose, of every ordinance enacted by said Board, and of the times of its first and final publications; and such record, or a copy thereof, certified by the president or secretaiy, imder his hand, shall be presumptive evidence in all courts and places of the due enactment and publication of such ordinance, and of the times of its first and final pubUcations. The by-laws, ordinances, and regulations of the Board as now constituted shall be the by-laws, ordinances, and regula- tions of the Board as constituted under this act, imtil the same shall be repealed, superseded, altered, or amended by the Board hereby created. Copies of the record of the said ordinances kept by the secretary of the present Board, certified by the secretary of the Board hereby created, shall be presumptive e\ddence of their due enact- ment and pubUcation, § 322. Every person offendmg against the ordinances of said Board shall be deemed guilty of a misdemeanor, and shall, upon conviction before the police justice or any court of competent jurisdiction, be punished by fine or imprisonment, or both, as prescribed in the ordinance violated ; or in case no fine or imprisonment be pro\'ided by such ordmance, by fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days in said penitentiary, or by both such fine and imprison- ment; and said police justice shall have jurisdiction of all offenses against said ordinances, and shall, subject to the provisions of this act, have the same power and authority as to such offenses, and the trial and punish- ment of all persons offending against the said ordinances, as he now has as to any case of misdemeanor which may be tried before him. All fines and penalties imposed by said ordmances may also be recovered as penalties in civil actions to be brought in the name of said city in the Municipal Court of Buffalo, and such suits shall be brought by the Corporation Counsel, upon complaint 188 REVISED CITY CHARTER. [Title XII. made to him by said Board, or the park superintendent. Tiie remedies hereby given shall be deemed to be in the alternative at the election of said Board or superin- tendent, and not to be cumulative. All fines and penal- ties collected hereunder shall be paid into the general fund. § 323. The terms "park" and "parks," as used in this act shall include the grounds known as the "Park," "the Parade," "the Front," and all parks and pubhc grounds (not being an approach or part of an approach), which are now or may hereafter be under the control of the Board of Park Commissioners. The word "ap- proaches," whenever it occurs in this act, shall include the avenues and parkways leading to or connecting said parks, which are now or may hereafter be under the control of the Board of Park Commissioners, and "the Circle," "the Bank," "Soldiers' Place," "Chapin Place," and "Bidwell Place," and all other lands forming and designated by the Board a part of an approach. TITLE XII. DEPARTMENT OF PUBLIC INSTRUCTION. § 324. The city has power to establish, mamtain and regulate pul lie schools. § 325. The city shall be, by ordinance, divided into school districts, and from time to time, redividcd, and in each district there shall be maintained one or more primary or grammar schools. § 326. Such schools shall be open and free to all per- sons between five and twenty-one years of age residing witlnn their respective districts. § 327. The city may maintain and regulate one or more high schools, it may also maintain and regulate Title XII.] REVISED CITY CHARTER. 189 schools for manual and technical training, into which may be admitted pupils who shall possess the qualifica- tions prescribed by ordinance. § 328. The high school shall share in the literature fund of the State, and in all appropriations to academies. The primary and grammar schools shall share in the school fund of the State, and in the appropriations made to public schools. § 329. All expenses of the School Department shall be included in, and paid out of the general fund. The. Comptroller is hereby authorized to embrace in his esti- mates a sum not exceeding two hundred and fifty thou- sand dollars annually, which shall be used solely for the purchase of school lots, and the erection, enlargement, repairs, and furnishmg of school bu'ldings. It shall be lawful for the city to raise an amount of money not ex- ceeding three hundred thousand dollars to erect school buildings, and to furnish the same. And for such pur- pose it shall be lawful for the Common Council of said city, by a vote of two thirds of the members of each of the bodies composing said Common Council, from time to time, to authorize the issue of the bonds of said city, to an amount not to exceed in the aggregate, in addition to the amount now authorized bv law to be issued, three hundred thousand dollars, bearing interest at the rate of not more than four per centum per annum, the interest to be paid semiannually; said bonds to be due in not less than twenty nor more than fifty years from their date Said bonds to be sold at not less than their par value. Thus amended by L. 1893, c. 345, Sec. 7, and L. 1899, c. 586. The amendment of 1893 added all after the first two sentences. The amendment of 1899 increased from $150,000 to $250,000 the amount authorized in the second sentence. § 330. The Superintendent of Education shall be at the head of this department. He shall from time to time recommend to the Common Council the course of study 190 REVISED CITY CHARTER. [Title XII. to be pursued in the different public schools, and such measures as will, in his judgment, increase the usefuhiess and efficiency of the schools. He shall select all new teachers to be employed in the different schools, after this act shall take effect, from among the names'^from time to time certified to him, by the board of school ex- aminers, except as hereinafter provided. He shall hire all teachers for the period of time, and at the compensation, ,and upon the terms and conditions, provided by ordi- nance. He shall see that the courses of study and sys- tems of education established ))y ordinance are observed. If none be estabhshed by ordinance, he shall direct the courses of study and systems of education to be pursued. The teachers shall be subject to his orders and direction. He may suspend, and for cause, and after a hearing, with the concurrence of the Mayor, dismiss any teacher. He shall, on the second Monday in December of each year, make a full and comprehensive report to the Common Council of the condition of the schools up to the thirtieth day of June preceding. He shall appoint a citizen, who shall be well versed in the German as well as the English language, and whose duty it shall be to superintend the teaching of the German language in the pubhc schools, and who shall also act, when not otherwise employed, as secretary to the superintendent. Nothing in this act contained shall be construed to authorize the appoint- ment of more than one clerk for said department, imless authority therefor shall be given by the Conunon Coun- cil. All public school janitors provided bj^ ordinance shall be appohited by said Superintendent of Education, and may be removed by him at his pleasure. Thus amended by L. 1905, c. 109. This amendment added the last sentence. § 331. The Mayor shall, within thirty days after this act shall take effect, appoint five citizens of Buffalo, who shall be known and designated as "the Board of School Examiners." Thev and their successors in office shall Title XII.] REVISED CITY CHARTER. 191 each, before entering upon the performance of the duties of an examiner under this act, quahfy in the manner prescribed for officers of the city government. § 332. The first examiners shall be appointed respec- tively one for one year, one for two years, one for three years, one for four years, and one for five years, from and after the dates of their respective appointments, unless sooner disqualified or removed, as hereinafter provided. The City Clerk shall indorse, upon the oath of office of each examiner appointed as aforesaid, the date on which his term of office expires, and shall, at least thirty days before the expiration of such term, notify the Mayor in writing of the name of the examiner whose term is to expire in that year. The Mayor shall, on the exp: ration of the term of any examiner, appoint an examiner to succeed the one whose term shall then expire, and who shall hold office for the term of five years unless sooner removed or disqualified as. herein provided, § 333. The Mayor may at any time suspend, and for cause, and after a hearing, remove any examiner ap- pointed under this act. Whenever any one of the ex- am'ners dies, resigns, is removed, or :n any manner be- comes disquahfied to serve before the expiration of his or her term of office, the said office shall thereupon be- come vacant, and the Mayor shall, within thirty days after receiving notice of such vacancy from the secretary of the board of examiners, appoint another qualfied citizen to fill such vacancy, as provided heretofore for regular appointments, who shall hold office for the un- exp'red term of such examiner, unless sooner removed or disquahfied. § 334. The examiners appointed under this act shall hold at least one stated meeting in each month. At the first meeting of the examiners, which must be held within fifteen days after their appointment, and annually there- after, the examiners shall choose one of their number to 192 REVISED CITY CHARTER. [Title XII. act ami ])c known as chairman, who shall preside at all sessions of the board. In case of the absence or inability of the chairman, the remaining examiners shall elect one of their number as chairman pro tempore to pres'de at any session. Three of their nmnber shall constitute a quorum for the transaction of business. They shall at their first session, held as hereinbefore proxided, appoint a secretary who shall perform clerical duties of the board. It shall be the duty of the board at the first monthly meeting of each school term to assign certain schools to the different members of the board for visitation and inspection during said school term, and to change the said assignments each term, to the end that all the schools shall be \isited and inspected by the board at least once in each term. Thus amended by L. 1901, c. 127. Before this aniendnipnt the last sentence read: "It shall be the duty of each member of the Board to visit and inspect all scliools at least once in each term. " § 335. Any person hereafter desiring to secure a posi- tion as teacher in any of the public schools of the city shall apply to the secretary of the board, who shall there- upon furnish to such applicant a blank apphcation, approved as to form by the board; the appUcant shall fill out and sign said blank, stating in which of the three grades of teachers, hereinafter provided, he or she desires to be appointed. Such applicants* shall then be pre- sented to the board, which shall after receiving the same, properly filled out and signed as aforesaid, notify each applicant of the next time and place of holding the ex- amination of applicants for positions as teachers herein- after provided. *So in the oiiginal. § 336. For the purposes of this act the teachers in all pubhc schools in the city are hereby divided into the following grades, designated respectively: 1. High school teachers. Title XII. ] REVISED CITY CHARTER. 193 2. Principals of grammar and primary schools. 3. Assistant teachers in grammar and primary schools. 4. Teachers in special subjects. The Superintendent shall, as soon as practicable after this act shall take effect, and not later than thirty days thereafter, designate the subjects upon which applicants for teachers in their respective grades shall be examined, _ and prescribe the scope and limits of such examinations. The board of examiners shall from time to time prepare written or printed cjuestions upon such subjects, within the scope or limits prescribed as aforesaid, which shall be used in the written examinations of such apphcants as hereinafter provided. The superintendent may from time to time as he deems necessary, change the subjects and the scope of such examinations. Thus amended by L. 1899, c. 627, Sec. 1. This section originally divided all the teachers into three grades, designated as high school grade, grammar school grade, and primary grade. § 337. The examiners shall hold stated public ex- aminations at such of their regular meetings as they may designate, and at least as often as once every six months, of all the applicants who have filed their apphcations with the secretary, as hereinbefore provided. They shall cause due notice of the time and place of holding such examinations, and the grades of teachers to be examined, to be pubhshed twice a week, commencing four weeks prior to each examination, in three of the daily newspapers of the city, and no examination shall be held by them unless so noticed. At the time of hold- ing such examinations, they may first examme the ap- plicants orally, for the purpose of ascertaining their general physical and moral fitness for teachers. No applicant shall be rejected for lack of educational quali- fications without first being admitted to the written examination hereinafter provided for. 194 REVISED CITY CHARTER. [Title XII. ft Thus amended by L. 1899, c. 627, Sec. 2. This anKMidnicnt chanajpd the provisions for pvihlication of notice of exaiuiiuitions, and also required that examinations should be held at least once every six months, instead of every three months as formerly. § 338. Each apphcant who shall appear upon such oral examination to possess the moral, physical, and general qualifications essential and requisite to make a good practical teacher, shall then be subjected by the examiners to a written examination upon the subjects prescribed as aforesaid for the grade of teachers in which he or she seeks to quahfy, by writing out, under the direction and supervision of the examiners, the answers to the questions on the subjects prepared as hereinbefore provided. Before beginning such written examinations, each apphcant shall be required to select an envelope containing duphcate numbered cards, in such a manner that no one of the examiners shall know what number any apphcant has. No two apphcant s shall be furnished with the same number. Each applicant shall write his or her name upon such cards, and sign his or her ex- amination paper with the number on such card, omitting the name, and place one card in a blank envelope, and seal the same and deposit it in a box to be provided by the examiners before examination, retaining the duj^li- cate card. At the close of the examination each appli- cant shall hand his or her examination paper, folded in such a manner as to conceal the number so s:gned, to the chairman of said examiners. The papers shall be examined by the examiners, and they shall, according to a uniform plan or standaid, to be agreed to by them, mark on each paper the percentage which the apphcant writing the same has passed, between one and one hun- dred inclusive, and after the papers are so marked the envelope containing the name of the applicant, and the numbers corresponding with their respective papers, shall be opened by the secretary in the presence of the board, and the names of the apphcants endorsed upon their respective papers. The said examiners shall have Title A'//.] REVISED CITY CHARTER. 195 power, according to a uniform plan or standard, to de- termine the relative value of the subjects upon which each applicant is examined. All such examination papers, together with the applications of all who try the examinations, shall be filed and preserved in the office of the Superintendent, for at least three years after they are so filed, during which time they shall be open to public inspection. Thus amended by L. 1899, c. 627, Sec. 3. This amendment added the sentence next to the last, giving the examiners power to determine the relative value of subjects. § 339. The secretary shall prepare a list of all those who have passed seventy per centum, or over, on the written examination, and he and the chairman shall cer- tify such list to the Superintendent, stating for which grade of teachers they were examined, and shall furnish to each applicant, who has so passed, a certificate signed by him and the chairman, stating the grade of teachers for which the applicant was examined, and that, in the judgment of the examiners, the person so examined is a person of good moral character, and quahfied to teach in such grade. This fist shall be kept by the Superin- tendent as a list of eligible candidates for three years from which to select teachers, and no teachers not em- ployed in the public schools at the time when this act shall take effect shall thereafter be appointed or em- ployed as a teacher in such schools, unless he or she has undergone the examination herein provided for, and holds such a certificate. In the employment of teachers, under this act, prefeience shall be given to residents of Buffalo. § 340. Nothing contained in this act shall in any manner affect or prohibit the reemployment of any teacher or teachers employed in said schools at the time when this act shall take effect, and they may be so ap- pointed or reemployed without undergoing the quali- fying examination provided for herein, in the discretion 196 REVISED CITY CHARTER. [I'ttle XII. of the Superintendent, as he lias heretofore employed them. § 341. All new teachers appointed under the provi- sions of this act shall l)e first appointed on probation for six months before they shall be regularly employed as hereinbefore provided. Any teacher so employed shall receive the same salary for such period of probation as if regularly employed. § 342. The financial officers of the city are hereby prohiloited from paying any salary to any person ap- ])ointed a teacher in the public schools in violation of the provisions of this act. § 343. Any person who fails to pass any examination as high as the standard of seventy per centum may at any time after the expiration of three months, and within one year from the time he or she last tried such exami- nation, apply to the secretary for admission to the next succeeding examination of applicants for teachers in the same grade for which he or she was last examined, and he or she shall be admitted to such examination on the same basis as other apphcants, without any further or different application, and without any further certificate or proof as to good moral character unless required to furnish the same by the examiners. § 344. The examiners may prepare, adopt, and pro- mulgate such rules or regulations as they may deem fit and proper, not inconsistent with any of the provisions of this act, for the conduct and management of their ex- aminations, and the government of their meetings, and any rules or regulations which will aid them in carry- ing out the provisions of this act. But all rules and regulations pertaining to the examinations oral or writ- ten shall be uniform. § 345. The secretary shall keep a record of all their proceedings, which shall contain a list of all the appli- Title XII.] REVISED CITY CHARTER. 197 cants certified to the Supenintendent as eligible for posi- tions as teachers, and the grades in which they have passed as well as all matters necessary for the informa- tion and the use of the board and the Superintendent. § 346. The board shall make an annual report of their proceedings to the Common Council, on the second Monday in December in each year, which shall contain a statement in regard to the general condition of the schools as ascertained by their inspection, and a state- ment of the practical workings and effect upon the pubhc schools of the system of examinations provided for by this act, and any suggestions which they may deem proper as to the improvement of such rules, and for the more efficient accomplishment of the purposes of this act. § 347. Any person who shall willfully and corruptly by himself, or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect to his or her right of examination, according to the provisions of this act or the rules and regulations prescribed pur- suant thereto, or who shall willfully, corruptly, or falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined pursuant to the provisions of this act, or aid in so doing, or who shall willfully or corruptly make any false representations con- cerning the same or concerning the persons examined, or who shall willfully or corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined, shall, for each and any of said offenses, be deemed guilty of a misde- meanor. § 348. The city shall provide a suitable place for the meetings of the examiners, and also a place for holding the examinations, and shall furnish all necessary sta- tionery and other supplies for the board. The expenses incurred by the board in carrying out the provisions of 198 REVISED CITY CHARTER. [Title XII. this act, including salaries, shall be audited and paid like other accounts against the city, and shall l)e hicluded in the expenses of the school department. Thus amended by L. 1892, c. 22, and L. 1894, c. 33. The act of 1892 added a provision tliat a vacancy in tlio office of Superintendent of Education should be temporarily filled by appointment by the Mayor, Comptroller, and President of the Board of Councilmen. The law of 1894 struck out this provision and restored the section to its original form. § 348a. The Mayor of the city of BufTalo,the Superin- tendent of Education, the chairman of the Board of School Examiners, the president of the Buffalo School- masters' Association, and the president of the Women Teachers' Association shall constitute a Board of Trustees who shall have general care and management of the pub- lic school teachers' retirement fund created by this act. This section added by L. 1896, c. 928; thus amended by L. 1905, c. 192. This amendment made the President of the Buffalo School- masters' Association a trustee in place of the President of the Prin- cipals' Association. § 348b. The said board of trustees is empowered to make payment from said fund of annuities granted in pur- suance of this act, and to take all necessary and proper action in the premises, and from time to time establish such rules and regulations for the administration and investment of said fund as it may deem best. This section added by L. 1896, c. 928. § 348c. The pubhc schoolteachers' retirement fund, created by this act, shall consist of the following moneys, to wit: 1. An amount not to exceed one per centum per annum of the respective salaries paid to the Superinten- dent of Education, supervisors of grades, special teachers, principals, and assistant teachers, to be taken from said salaries in four equal installments. 2. All moneys received from donations, legacies, gifts, bequests, or otheiwise for and on account of said fund. Title XII.] REVISED CITY CHARTER. 199 3. All moneys which may be derived by such other methods as may be duly and legally devised for the increase of said fund. This section added by L. 1896, c. 928. § 348d. All persons employed in the Department of Ed- ucation, and hereinbefore mentioned as contributors to said fund, shall become annuitants under this act in man- ner following, to wit : Any female teacher who shall have taught in pubhc schools for twenty-five years, and any male teacher who shall have taught in pubUc schools for thirty years, may be retired by the Superintendent and become an annuitant to this fund during hfe, provided, however, that four-fifths of such service shall have been rendered in the public schools of the city of Buffalo. And any female teacher who shall have taught in pubhc schools thirty-five years, and any male teacher who shall have taught in public schools for forty years, shall have the right to retire, and become an annuitant of said fund during life, provided, however, that four-fifths of such service shall have been rendered in the pubhc schools of said city. This section added by L. 1896, c. 928. § 348e. Any teacher so retired or retiring shall receive as an annuity, an amount not to exceed one half of the an- nual salary paid to said teacher at the time of such retire- ment, said annuity to be paid quarterly, provided, how- ever, that such annuity shall not exceed the sum of six hundred dollars, which shall be paid by the said board of trustees out of the fund created in accordance with this act, in the manner provided by law for the payment of salaries. This section added by L. 1896, c. 928. § 348f. No teacher shall become an annuitant under this act until he or she shall have paid into the retire- ment fund an amount equal to twenty per centum of his or her annual salary at the time of retirement. This section added by L. 1896, c. 928. 200 REVISED C ITV CHARTER. [Title XII. § 348g. Said board of t rustoes is hereby given the power to use both the principal and the income of said fund for the })ayment of annuities hereinbefore mentioned, and shall have power to reduce from time to time, the amount of all annuities; provided that such reduction shall be at the same rate in all cases. This section added by L. 1896, c. 928. § 348h. If at any time a teacher who shall be willing to continue to teach shall not be reemployed, or shall be discharged before the time when he or she would un- der the provisions of this act be entitled to an annuity, then such teacher shall be paid back all the money which may have been deducted from his or her salary under the provisions of this act. This section added by L. 1896, c. 928. § 348i. The Superintendent of Education shall, quar- terly, in making the pay-rolls for the school department or the persons entitled to share in the fund hereby created, deduct a sum not to exceed one per centum of the amount of salary of each of such persons, and shall certify the amount of such deductions, and the names of the persons from whose salaries such deductions shall have been made; and such certificate shall accompany the pay-roll and a warrant for the amount of the deductions so certi- fied shall be drawn payable to the order of the City Treas- urer, who shall retain the same subject to the disposal of the said board of trustees hereinbefore mentioned. This section added by L. 1896, c. 928. § 348j . The Treasurer of said city shall be the custodian of said fund, and he shall execute a bond to the city with good and sufficient securities to be approved by said board of trustees, conditioned for the faithful perform- ance of the duties of his ofhce. Such bond shall be filed in the office of the Clerk of the city, and in case of a breach of the same or the conditions thereof, suit may be brought on the same in the name of said city for the use of said board or of any person or persons injured by such Title XIII.] REVISED CITY CHARTER. 201 breach. The said Treasurer shall report to the said board of trustees the amount and condition of said fund on June thirtieth of each year. This section added by L. 1896, c. 928. TITLE XIII. DEPARTMENT OF POOR. § 349. There shall be a Department of Poor, of which the Overseer of the Poor shall be the head. He shall be elected as provided by this act, and shall hold office for the term of four years. Thus amended by L. 1895, c. 805, Sec. 20. The amendment changed the term of office from three to four years. § 350. The Overseer shall have charge and control of all expenditures of money by the city for the relief of the poor. § 351. The overseer shall appoint, and may at pleas- ure remove such subordinates as the Common Council may by oi'dinance provide for, and the salaries of such subordinates shall be fixed by ordmance of the Common Council. § 352. The Overseer shall keep full' records of all ap- phcations for city aid or reUef, in suitable books to be provided for that purpose, and to be properly tabulated and indexed. He shall grant no aid or relief until after a strict investigation, made as hereinafter provided, ex- cept in case the Overseer is satisfied that life or health will be endangered by any delay, and in that event aid must be furnished immediately, and the investigation made within twenty-four hours. The PoHce Depart- ment, on the requisition of the Overseer, shall detail not less than two or more than four special policemen in each year, for conducting such investigation, and other serv- 202 REVISED CITY CHARTER. [7'itle XIII. ices in the Department of Poor, and tlie expenses of such pohce investigators, incUiding necessary car fares and stationeiy, shall be expenses of the Department of PoHce, and estimated and defra3'ed as such. The poUce investigators shall be chosen with regard to their special fitness for such work. In all cases of application for aid or relief, the pohce investigators shall, under the direction of the Overseer, immediately investigate and report with recommendation to the Overseer and to the superintendent of police. It shall be the duty of the Overseer to ascertain in each case whether such applicant will become a permanent charge upon the city, and, if so, to certify the same in the proper book of records, whereupon the necessar}^ steps shall be taken by liim to cause such ap[)licant to be placed in the proper abode provided by law. The primaiy investigation in cases requiring hospital aid or treatment may be made by a city physician, in place of a police investigator, and his report shall be sufficient. The Overseer may make such further personal examination in any case as he deems expedient, and may, in his discretion, refuse assistance in any case. The Overseer may grant assistance, except hospital treatment, to persons contrary to the report of the investigating officer, but in all such cases he shall enter fully in his records his reasons for so doing. No person shall receive assistance continuously for more than six months succeeding the report of an investi- gating ofRcer, without a reinvestigation and new report made in like manner as is hereinbefore provided. § 353. Except in case of extreme exigency, the causes for which shall be fully entered in the Overseer's records, and then for not more than the period of one month, it shall not be lawful for the Overseer to grant aid or relief to any person with whose support the city is not charge- able under the general poor laws of the state; but he shall refer all such persons to the proper state or county officer. Title XIII.] REVISED CITY CHARTER. 203 § 354. The Overseer shall prepare monthly a full statement showing the amount and kind of assistance granted during the previous month. He shall make a report to the Common Council prior to the third day of Januaiy in each year, which shall contain a summary of such monthly statements. The monthly statements, the reports of the investigating officers, and all the books and records pertaining to the department shall be systematically kept, and shall be open for examination at all times by any taxpayer of the city, and by officers of the Police Department, and the names and residences of all persons reheved, with other pertinent facts, shall be kept in such books and records. The Overseer shall also furnish to the Mayor a daily report of the aid and relief granted by him, with the names and addresses of all recipients. Thus amended by L. 1892, c. 72. The amendment required the annual report to be furnished before January third, instead of January thirtieth as formerly. § 355. No order for aid and reUef of any kind shall be given to any person under the age of thirteen years at the office of the Overseer, whether it be for that person or for any other person; nor shall any such order be so given to any person of thirteen years or over and under the age of eighteen years, unless the Overseer shall be satisfied that great hardship would be caused by any delay in giving such order, and in that event he shall make special entries in his books of the facts bearing on the question, as stated to him at the time, and also as disclosed by an investigation which shall immediately be made. Thus amended by L. 1892, c. 72. The amendment added all after the middle of the fourth line. § 356. The aid and rehef granted under this title shall be classified as follows: (a) Orders for provisions, boots and shoes, fuel, and other necessaiy articles to be fur- nished to applicants requiring temporary aid, designated 204 REVISED CITY CHARTER. [Title XIII. "outdoor aid." (b) Burial orders, (c) Orders for hos- pital aid or treatment, de-sifz^iated "indoor relief." In- door relief in abodes provided by law for cases requiring permanent assistance shall be granted only by the Superintendent of the Poor of Erie County, or other proper state or county officer under the general laws of the state, and all cases requiring such relief shall be re- ferred by the Overseer to the proper state or county officer. § 357. Orders for hospital aid or treatment shall only be made upon the reconmiendation of a city physician, specifying the nature of the disease or injury, or, if the exigency of the case is such that a formal recommenda- tion cannot be obtained before the order is given, the case shall be personally examined, and the order approved or disapproved by a city physician within forty-eight hours thereafter. § 358. The Overseer shall contract for burials, and also for furnishing boots, shoes, and fuel upon the orders furnished by him, with suitable persons, imder ordi- nances to be enacted by the Coimnon Council. § 359. Orders of the Overseer for provisions, boots and shoes, or fuel, or other outdoor aid, shall specify what nature of articles shall be furnished on the same, and the value thereof. Except where contracts have been made as provided in the foregoing section, the order shall be drawn in blank as regards the person or firm drawn upon, and they shall be valid evidence of in- debtedness against the city in the hands of the person or firm who shall accept and fill the same. § 360. It shall be a misdemeanor for any j)erson or firm to furnish beer, liquors, or intoxicating drinks of any kind on an order of the Overseer of the Poor, or to buy such order from the person to whom it was issued, or from any other person, before it has been accepted and filled, or to furnish any article not specified or embraced Title XIII.] REVISED CITY CHARTER. 205 therein. Such orders shall be drawn with proper blank spaces for the following entries, which shall be made thereon by the person accepting and filhng them: (1) name of the person presenting the order; (2) the name of the person accepting it; (3) the amount and kind of articles furnished, with the prices thereof; and they shall in all cases be returned by the acceptor, or his agents or assigns, to the Overseer, to be examined by him, and entered in his books of records, and to be countersigned by him before they shall be paid by the City Treasurer, § 361. The city physicians appointed under section two hundred and thirty-four of this act shall render all necessary medical services to indigent sick persons within their respective districts, under rules and regulations prescribed by the Overseer of the Poor, and approved by the Board of Health, and subject to his directions. The officers in charge of the several poUce precincts of the city may issue to the several city physicians orders to visit any indigent sick person residing within their respective districts, and it shall be the duty of said city physician to so visit any such person upon receiving such order, and any indigent sick person may apply to any officer in charge of a police precinct for such an order. § 362. The Overseer shall furnish the city physicians with official prescription blanks, which shall be used by the city physicians in prescribing medicines for the indi- gent sick attended by them on the order of the Overseer or the officers in charge of the several poHce precincts, under niles and regulations prescribed by the Overseer. Said prescription blanks shall be signed by the physician issuing them, and shall have the same force and effect, and be accepted and filed* in the same manner, and shall be returned and paid in the same manner as orders of the Overseer for provisions issued under section three hundred and fifty-nine of this act. Such prescriptions 206 REVISED CITY CHARTER. [Title XIV. shall be returned to the Overseer of the Poor within thirty days for pajTnent. *So in the original; should be "filled." § 363. The city physicians shall furnish to the Over- seer reports weekly, and whenever required by the Over- seer, of the names and addresses of all persons attended by them, with the nature of their ailments, the number of visits made to each, and the number and kind of pre- scriptions given to them. § 364. Any fraud practiced or false representation made by an applicant for city aid or relief, or by any other person, to procure aid or rehef to be given, or to procure any order for outdoor aid to be accepted or filled, or to be paid by the city, or any willful act of any city officer or other person, designed to impede or in any way to interfere with the just and proper administration of this department shall be a misdemeanor. TITLE XIV. WARD OFFICERS AND THEIR POWERS. § 365. The electors of each ward shall elect one Supervisor and one Constable ,*and in addition the elec- tors -of the twenty-fifth ward shall elect a justice of the peace for the term of four years, who shall have and execute in said ward the powers conferred by law upon justices of the peace in towns, but in civil actions and proceedings he shall have jurisdiction only when the de- fendant is a nonresident of the city at the time the action or proceeding is commenced, or when the plaintiff and defendant both reside in the twenty-fifth ward. The term of office of the Supervisor and Constable shall be two years. Constables shall have the same powers as constables of towns, except in criminal cases. Thus amended by L. 1895, c. 805, Sec. 21. Title X7.] REVISED CITY CHARTER. 207 ♦Superseded by L. 1898, c. 189. Section 1 of this act amended Section 385 of the Charter by increasing the number of justices of the peace for the city from two to three. Section 2 of the act abohshed the office of justice of the peace for the twenty-fifth ward, but did not change the language of Section 365 of tlie Charter. § 366. This section which provided for the choice of inspectors of election is omitted because it has been superseded by L. 1896, c. 909, sec. 12, which vests in the Mayor the appointment of these officers. § 367. The Alderman and Supervisor of each ward shall, in their ward, possess the powers of town fence viewers. § 368. The supervisors shall have the same powers as supervisors of the towns of Erie County. TITLE XV ELECTIONS. § 369. The term of all officers elected under this act shall commence on the first day of January after their election, except that the terms of officers elected to fill vacancies shall commence as soon as they have qualified, unless herein otheiivise provided. All elective officers now in office shall continue to hold office until their terms will expire under the act hereby amended, as modified by section three of article twelve of the consti- tution of the state of New York. Successors to all elec- tive officers shall be chosen at the municipal election held next precedmg the expiration of their term of office. Thus amended by L. 1895, c. 805, Sec. 22. The amendment substituted the first day in place of the first Monday of January, and added all after the first sentence. § 370. The municipal and ward elections shall be held on the Tuesday succeeding the first Monday of Novem- ber in each odd-numbered year. Thus amended by L. 1895, c. 805, Sec. 23. 208 REVISED CITY CHARTER. [7'/7/r XV. This section originally read: "The annual city and ward election shall be held on the same day with the state general elec- tion." § .371. The City Clerk shall publish in the official paper, and in three other daily newspapers of the city, one of which shall be printed in the German language, a notice of every election to be held under this act. The notice shall be {juljlished twice a week for three weeks, prior to the election, and shall specify the day on which the election is to be held, the time of opening and clos- ing the polls, the officers to be elected, the boundaries of the several election districts, and the places of holding the polls therein. § 372. In each district for the election of officers under this act there shall be a ballot-box and other boxes re- quired by the general election laws of the state. Upon the closing of the polls the inspectors .shall forthwith, without adjournment, canvass the votes, and shall make and certify statements of the result in the manner re- quired by the general election laws of the state. Sepa- rate returns as to city officers voted for, including *judges of the Superior Court of Buffalo, shall be filed by said inspectors in the office of the City Clerk on the day next succeeding the election. *Superior Court abolished by Constitution of the State, adopted in 1894. § 373. On the second Monday after eveiy annual elec- tion, the Board of Aldermen shall convene at its usual place of meeting at two o'clock in the afternoon, when the City Clerk shall lay before it the certificates of the in- spectors of election filed with him, and a tabular state- ment of their results, and the Board of Aldermen shall forthwith canvass the returns, and determine therefrom and certify who received the largest number of votes and are elected to the several offices. The said certificates shall be made in duphcate, one of which shall be filed in the office of the clerk of Ene County, and the other shall be filed and recorded in the ofiice of the City Clerk. i:' ill Title XV.] REVISED CITY CHARTER. 209 § 374. If a vacancy exist or occur in any elective office in the city, or in any ward, except that of Mayor, Councilman, Alderman or Supervisor, it shall within ten days be filled by appointment by the Mayor, until and including the thirty-first day of December after the next general municipal election, at which election such vacan- cy shall be filled for the unexpired term. If a vacancy exist or occur in the office of Alderman or Supervisor, it shall be filled by the Common Council at a joint session of the boards composing the same by a viva voce vote. A joint session for such purpose shall be called by the Mayor. The term of the Alderman or Supervisor so elected to fill such vacancy shall continue until and in- cluding the thirty-first day of December after the next general municipal election, at which election an Alder- man or Supervisor shall be elected to fill the unexpired term. An Alderman or Supervisor so elected by the Common Council to fill a vacancy shall be a resident of the ward in which the vacancy occurs, and the person so elected by the Common Council must be of the same political party as the Alderman or Supervisor whose place he is elected to fill. If a vacancy exist or occur in the office of Councilman, it shall be filled by election by the Board of Councilmen until and including the thirty-first day of December after the next general municipal elec- tion, at which election a Councilman shall be elected to fill the unexpired term. If a vacancy exist or occur in the office of Mayor, the president of the Board of Coun- cilmen shall act as Mayor, and possess all the rights and powers, and perform all the duties of Mayor until and. including the thirty-first day of December after the next general municipal election, at which election a Mayor shall be elected to fill the unexpired term. While acting as Mayor, the president of the Board of Councilmen shall not serve as a member of the Board of Councilmen. Thus amended by L. 1895, c. 805, Sec. 24; L. 1902, c. 512, and L. 1905, c. 51. 210 REVISED CITY CHARTER, [Title XV L A vacancy in the oflice of Councilman has always been tempo- rarily filled by vote of the Board of Coinicilnien. A vacancy in the office of Commissioner of Public Works has alwaj's been temporarily filled by appointment by the Mayor. A vacancy in any other elective office (except Alderman) was temporarily filled, prior to 1902, by viva voce vote of the Common Council in joint session. These temporary elections or appointments originally held until the first Monday in January after tlic next election; the amendment of 1895 provided that they should hold until the next thirty-first day of December of an odd-numbered year. Prior to 1902, a special election in the ward was held to fill any vacancy in the office of Alderman. The law of 1902 put the section into the present form, except for a provision that the President of the Common Council should act as Mayor in case of a vacancy in that office. The law of 190o changed the succession from President of the Common Council to President of the Board of Councilmen. § 375. Elections held under this act shall be governed by the general election laws of the state, *where they are not inconsistent with the provisions of this act. ♦Remainder of this section superseded by L. 1896, c. 909, the Election Lkw. The general law now prevails over Charter provisions. TITLE XVL HARBOR MASTER. § 376. There shall be a Harbor Master, who shall be appointed by the Mayor, and hold his office for the term of two years, and shall have an office near the foot of Main Street, and shall be in daily attendance therein. Thus amended by L. 1895, c. 805, Sec. 25. This amendment changed the term of office from three years to two. § 377. The Harbor Master shall have jurisdiction over all navigable waters under the control of the city. He shall have authority to direct the location and change of station of every steamboat, sailing vessel, float or other craft therein, and shall enforce the ordinances of the city regulating the use of such waters. In case any steam- boat, sailing vessel, float or other craft shall be so placed as to obstruct navigation, and the person in charge Title XV II.] REVISED CITY CHARTER. 211 thereof shall refuse to remove it as directed, the Harbor Master shall cause such removal to be made, and the ex- pense shall be a hen on the steamboat, vessel, or float so removed, and may be recovered by the city of the owner by action. § 378. He shall enforce the ordinances relating to the navigable waters of the city. He shall report to the Corporation Counsel all violations of such ordinances, and all cases of disobedience to his lawful order, and the Cor- poration Counsel shall thereupon bring an action to en- force the fine or penalty prescribed for such violation or disobedience. § 379. The Harbor Master shall have the exclusive disposition and sale of the right and privilege to cut and remove all ice formed upon the waters under the juris- diction of the city; and all moneys received by him therefor shall be paid to the City Treasurer, and a report thereof be made by him to the Common Council. § 380. Whenever any sunken vessel or wreck shall obstruct the navigation of any navigable water under the control of the city, the Harbor Master shall order the ow^ner or person in charge of such sunken vessel or wreck, to remove the same at once; and, in case his order is not obeyed, he shall cause the removal to be made, and the expense thereof shall be a lien upon the vessel or wreck so removed, and may be recovered by the city, of the owner, by action. § 381 . The Harbor Master may call upon the Board of PoHce for such aid to execute his orders as he may re- quire, and the board shall furnish such assistance . TITLE XVn. POLICE JUSTICE AND JUSTICES. § 382 . There shall be elected a Police Justice, who shall hold his office for the term of four years, and who 212 REVISED CITY CHARTER. [Title XVII. shall have and execute in the city all powers conferred by law upon justices of the peace of towns, in proceedings in criminal cases, and in the execution of the laws relat- ing to the internal poHce of this state, and shall also have jurisdiction of the offenses designated by chapter four hundred and nine of the laws of eighteen hundred and eighty-six. He shall take the usual oath of office and file the same with the Clerk of the county of Erie. He shall hold in the city a court, which sliall be called the police court, and shall have in respect to offenses com- mitted in the city, all the powers and jurisdiction con- ferred by law upon courts of special sessions held out of the city and county of New York. It shall also have jurisdiction of the misdemeanors mentioned in this act. All fines imposed by the Police Justice or by the police court shall be paid by the officer who shall receive them into the city treasuiy. The PoHce Justice shall make a monthly report to the Common Council of his doings, and of the fines received by him. Warrants issued in crimi- nal cases, and in the execution of the laws relating to the internal pohce of this state, shall be returnable before the Police Justice, who shall proceed with the hearing. No person issuing such warrant shall receive any fee therefor. During the sickness, temporary absence, or other in- ability of the Police Justice to discharge his duties, the Mayor may perform his duties, or may ajipoint an elector of the city to perform them. Said Police Justice may be removed from office by the Supreme Court, at a general term, as prescribed by the Code of Criminal Procedure. § 383. The Police Justice shall be paid in monthly payments, an annual salary, to be fixed by ordinance, by the Common Council; and shall not receive any other fees or compensation for services as Police Justice. § 384. The Police Justice shall appoint a clerk and a deposition clerk, which appointments shall be in writing and filed with the Clerk of the county of Erie. The clerk Title XVII. '] RE\asED city charter. 213 appointed under this act shall take the usual oath of office and file the same with the County Clerk, and shall hold office during the pleasure of the Pohce Justice. The clerk shall keep a complete and accurate record of all the proceedings in said court, and of all moneys re- ceived or fines imposed. He shall daily file with the Clerk of the county of Erie records of all con^^ctions in said court, which records shall specifically state the crime and plea of each person convicted in said court. He shall prepare the monthly report to the Common Council prescribed in section three hundred and eighty-two of this act, and shall perform such other clerical duties in connection with the proceedings of said court as shall be prescribed by the Police Justice. § 384a. The PoHce Justice shall appoint a stenog- rapher, which appointment shall be in writing, and filed wuth the Clerk of the county of Erie. The stenographer appointed under this act shall take the usual oath of office and file the same with the County Clerk, and shall be the "official stenographer of the pohce court during the pleasure of the PoHce Justice. He shall also act as pri- vate clerk to the Pohce Justice. In an examination held in any criminal proceeding by the Pohce Justice, the testimony of each witness may, in the discretion of the said Pohce Justice, be taken as a deposition by the official stenographer of his court. Such minutes of the testi- mony when so taken, and when certified by the stenog- rapher and Police Justice, shall, both with reference to such examination, and in all procedure in connection with such examination provided for by any section of the Code of Criminal Procedure not inconsistent herewith, be regarded as actually taken down in writing by such magistrate, and subscribed by the witness or witnesses at such examination. The salary of such stenographer shall be fixed by the Common Council, and shall not exceed twelve hundred dollars per year. This section added by L. 1900, c. 466, thus amended by L. 1904, c. 555. 214 REVISED CITY CHARTER. [Title XV IT. The amendment of 1904 increased the liniit of the stenog- rapher's salary from S900 to $1200. § 384b. Probation Officers. — The Police Justice shall have authority to appoint or designate not more than ten discreet persons of good character to serve as proba- tion officers during the pleasure of the PoHce Justice; said probation officers to receive no compensation from the pubUc treasuiy. Whenever any child under or apparently under the age of sixteen years shall have been arrested, it shall be the duty of said probation officers to make such investigation as may be required by the court, to be present in court in order to represent the interests of the child; when the case is heard, to furnish to the Pohce Justice such information and assistance as he may require, and to take charge of any child before and after trial as may be directed by the court. This section added by L. 1901, c. 627, thus amended by L. 1902, c. 549. The amendment increased the authorized number of probation officers from five to ten. » § 384c. "Whenever any such child is found guilty or pleads guilty to the commission of any crime or misde- meanor before the Pohce Justice, the said Pohce Justice may in his discretion suspend sentence during the good behavior of the child so convicted. The cliild so con- victed may be placed in the care of said probation officer for such time not to exceed three months, and upon such conditions as may seem proper. Such time may be ex- tended one or more additional terms, not exceeding three months each, by the police justice in his discretion. Said probation officers shall have the power to bring the child so convicted before the Pohce Justice at any time during the probation for such disposition as may be just. When practicable, said child shall be placed with a probation officer of the same rehgious faith as that of the child's parents. This section added by L. 1901, c. 627, thus amended by L. 1902, c. 549. Title XVII.] REVISED CITY CHARTER. 215 The act of 1901 authorized only one three months' period of probation, after which control over the child ceased. The amend- ment of 1902 authorized extensions of this period. § 384d. The Police Justice shall appoint an inter- preter of the Italian and Polish languages, which ap- pointment shall be in writing and filed with the Clerk of the county of Erie. The interpreter under this act shall take the usual oath of office and file the same with the County Clerk. He shall be the official interpreter for the said Italian and PoHsh languages in proceedings be- fore said police court and justice during the pleasure of the Pohce Justice, and shall perform such other duties as shall be prescribed by said Police Justice. The salary of such interpreter shall be fixed by the Common Council of the city of Buffalo. This section added by L. 1907, c. 651. § 385. There shall be three Justices of the Peace, elected by the electors of the city of Buffalo on the general city ticket as hereinafter provided. The terms of office of each shall be four years commencmg on the first day of Januaiy next succeeding the election of each. The present Justices of the Peace, in said city, together with the Justice of the Peace elected m and for the twenty-fifth ward shall be the three justices herein pro- vided for, and shall constitute a Board of Justices to the Police, This Board shall on or before the first day of the month next following the passage of this act, and there- after on the first day of each year, or oftener, if necessary, apportion the station-houses of the city into three dis- tricts. As nearly as practicable such division shall be made in such manner that the amount of business to be transacted in the several districts shall be equal. Said Board shall assign from its members a Justice of Police to each one of said districts for the remainder of said month, and for each month thereafter, whose duty it shall be to attend the police station-houses in their re- spective districts at the hour prescribed by the Police Department, and examine into the case of every person 216 REVISED CITY CHARTER. [Title XVII. confined therein and make delivery. Such assignments shall be so arranged that each Justice shall attend a different district each month, and an equal number of times at each of the districts during tlu; year. A Justice of the Peace shall be elected hereafter on the general city ticket at the municipal election preceding the first Mon- da}'' in January in each year when the term of any Justice of the Peace herein provided for shall expire. Said Justices shall have power to try cases of drunkenness, vagrancy, and all other offenses against any of the laws of the state or the ordhiances of the city of Buffalo, w hich may be tried summarily and without a juiy, by a Justice of the Peace or a court of s])ccial sessions, committed by any person confined in the station-house, and to sentence eveiy person found guilty of any such of!"ense pursuant to the statute or ordinance creating such offense. In all other cases such Justices shell have and possess such powers and jurisdiction rs are prescribed hi this act. Each of said Justices shall execute a bond to the city of Buffalo, with sufhcient sureties to be approved by the Mayor for the faithful performance of his duty, and for the accounting for and paying over all fines and pent Ities received by him as such Justice, in such sums as the Common Council shall require. All suits or actions brought on said bonds shall be in the nrme of the city of Buffalo. The salaries of the said Justices and of the Justice elected in and for the t\^ enty-fifth ward, sh 11 be fixed by the Common Council in joint session of the Boards thereof inuncdiately after the p ss-ge of this act, and the same shall be uniform; such sal ries sh 11 be not less than fifteen hundred dollars nor exceed the sum of two thousand dollars per annum to be paid from the police fund as other salaries are now paid therefrom. Said Justices may be removed or suspended from office for misconduct in office or neglect of duty, by ihe Supreme Court at any special term thereof held in Erie County. The grounds for such suspension or removed shall be stated, in the order therefor, and no removal Title XVn.'\ REVISED CITY CHARTER. 217 shall be made without reasonable notice to the Justice complained of, and an opportunity given him to be heard in his defense, as prescribed by the Code of Criminal Procedure. In case of the sickness, absence, or inability of any Justice of the Peace, another Justice of the Peace may perform his duties during such sickness, absence or inability, or the Mayor may temporarily appoint any elector of said city for that purpose, and the Justice of the Peace so temporarily appointed shall have all the powers, and perform all the duties of Justices under this act. All fines and penalties imposed by any or either of said Justices, collected by them or the keeper of the Erie County ])enitentiary, or otherwise, shall be paid over eveiy week, by the person receiving the same, to the Treasurer of the city of Buffalo, and be by said Treas- urer credited to the police fund of said city for the use and benefit thereof. The Pohce Board shall designate a suitable room at every station-house, in which said Justices of the Pohce shall hold court. While court is in session said room shall be deemed a court room for all purposes thereof. Such rooms shall be properly fur- nished, ventilated and heated. The Pohce Board shall provide said court room with all necessaiy legal blanks, stationery, and writing material as required by said Justices. The Pohce Commissioners shall detail a com- petent member of the police force on duty at such sta- tion-houses, whose duty it shall be to act as clerk of the court when a session thereof is being held, and keep such record of the proceedings as shall be required by said Justices. All the provisions of this section shall be made applicable to the Justices of the Police and Justices of the Peace in office at the time of the passage of this act. Thus amended by L. 1898, c. 189, sec. 1. This amendment increased the number of justices from two to three by adding the justice of the peace for the twenty-fifth ward to the number then serving, and providing for the election of all on a general ticket. Before the amendment the schedule of assign- ments was made by the Board of Police. The amendment also vested the power of removing justices in the Supreme Court, instead of the Board of Police, and added the provision requiring the Board to designate a suitable court room, with all that follows. 218 REVISED CITY CHARTER. [Title XVII. § 386. If any person confined in a station-house is charged with criminal offense, the Justice shall enter the charges in a book to be kept for that purpose, and send such prisoner to the Police Justice for examination. § 386a. The Justices to the PoHce shall have juris- diction, the first instance, to hear and determine charges of intoxication in a public place, in violation of section forty, chapter one hundred and twelve of the laws of eighteen hundred and ninety-six, and the laws amenda- toiy thereof, and to sentence every person found guilty of this misdemeanor pursuant to the hquor tax law of this state. This section added by L. 1899, c. 496. § 387. If any person therein is charged with a viola- tion of any ordinance of the city, the Justice shall enter the charge in his book, and read it to the person charged, and enter in his book the plea of such person thereto. If such person denies the charge, the Justice, if he deems it expedient, or if the person charged requires it, shall: 1. If the violation charged is punishable by fine only, issue a warrant at the suit of the city against such per- son, returnable before the Municipal Court of Buffalo. 2. If the violation charged is punishable by imprison- ment, issue his warrant and cause such person to be taken before the Police Justice. The Justice shall cause notice to be given to the Corporation Counsel. § 388. If the Justice shall not issue a warrant as above provided, he shall proceed summarily to hear, tiy, and determine the charge, and if he shall find such person to be guilty, he shall sentence him pursuant to ordinance. § 389. If the Justice shall sentence such a person to pay a fine, and if it is not paid immediately, he shall, by warrant, commit such person to the penitentiaiy, there to be confined for the term of one day for each and every dollar of such fine, not exceeding six months, unless it shall be sooner paid. If the Justice shall sentence such Title XVIII.] REVISED CITY CHARTER. 219 person to imprisonment, he shall, by a warrant, commit such person accordingly. § 390. When the Jvistice shall commit any person he shall, on the same day, make and file with the Clerk of Erie County a record of the conviction in which it shall be sufficient to state the charge so specifically as to show a violation of the ordinance, the plea of the person charged, the fact of conviction, and the judgment. TITLE XVIII. PUBLIC GROUNDS, STREETS, AND WATERS. § 391. The city may lay out, enlarge and alter parks, public grounds, squares, streets, alleys, canals, basins, sHps, or other public waters, and cause them to be sur- veyed, described and recorded in a book to be kept by the City Clerk. § 392. The grade of each street shall be established and described, and the description of such grade, and of all alterations thereof, shall be recorded by the C^ty Clerk. No street shall be worked untU the grade thereof is estabhshed and recorded. § 393. The streets shall be suitably divided into carriageways and sidewalks. § 394. The city may discontinue or contract a street or alley, or any part of it, upon the written apphcation of two thirds in number of the owners of the lands fronting on the street or alley, the Uneal front of whose lands shall constitute two thirds of the hneal front of all the lands on the street or alley. A continuous street or alley, portions of which bear different names is to be considered as a single street or alley. § 395. The city shall remove all encroachments upon projections over, and obstructions on the public grounds, 220 KKVISKD riTY CHAPTER. [Tith A' 17//. streets, alleys and wharves, and abate all nuisances; and cause the expense to be assessed upon the lands upon, or in front of which such encroachments, projection, ol)- struction or nuisance was, or upon the parcels of land benefited b}' such removal. § 39G. It may cause streets and alleys to be opened, leveled, repaired, cleaned, and watered; crosswalks, cul- verts, sewers, drains, receivers, aqueducts, wharves, piers, canals, slips, and basins to be constructed, en- larged, repaired and cleaned. • § 397. It may cause any street or alley to be graded or regraded, graveled or regraveled, macadamized or re- macadamized, or paved or r(>paved. When it is pro- posed to pave or repave any street or alley, jjlans and quantities shall be prepared for doing the same with each kind of pavement, for the laying of which specifications have been filed by the Commissioner of Pubhc Works. The Commissioner of Public Works shall advertise for bids for doing the same in accordance with such plans, specifications, and quantities, and report the same to the Common Council. After receiving such report, the Conmion Council shall determine which kind of pave- ment shall be used, and in case a majority petition shall not have been presented, for the kind so determined upon, shall i)ass a resolution of intention to order the street paved with any kind of pavement it may select. The petition for the paving or repaving of any street or alley may sj^ecify generally the material to be used in such work, and such petition shall be regarded as an application for the use of any material of the kind desig- nated in the petition for which specifications have been filed W'ith the Commissioner of Public Works or the petition may designate particularly any kind of pave- ment for which specifications have been filed as aforesaid, which the ])etitioner d(^sires shall be used. The specifi- cations may provide that the persons submitting bids or proposals shall agree to enter into contract to do the Title XVIIL] REVISED city charter. 221 work, and to keep and maintain the same in good repair for a certain definite period, and a contract may be entered into in accordance therewith, and a local assess- ment made to defray the expense thereof, anything in this act to the contrary notvvithstanding. Thus amended by L. 1895, c. 805, Sec. 26; L. 1900, c. 707, Sec. 3, and L. 1901, c. 228, Sec. 12. This section originally contained a limit of time within which the Common Council should determine the kind of pavement to be used. The act of 1895 changed this limit, and the act of 1900 struck it out altogether. The latter act also added the sentence next to the last, authorizing a petition for a particular kind of pavement. The act of 1901 specified "Commissioner" instead of "Board" of Public Works. § 398. When the expense of the work or improvement mentioned in the last section will exceed the sum of five hundred dollars, it shall not be ordered except : 1 . Upon the vote of three fourths of all the members elected to the Common Council, and after notice of the mtention to order it shall have been published three times a week for two weeks, in the official paper of the city; or, 2. Unless it shall be applied for by a majority of the resident owners of the lands fronting on the street or alley, representmg at least two fifths of all the feet front of the lands on the street or alley, in and along which such improvement is to be made, or if such improvement is intended to be made in and along only part of such street or alley, then by a majority of such resident owners of the lands, representing at least two fifths of ail the lands fronting on the part of such street or alley as to which such improvement is to be made. The application shall be referred to the Board of Assessors, to ascertain whether such majority, and the owners of two fifths of the lands, applied for the improvement. Unless the Board of Assessors shall certify that such application is made by a majority of such owners, and that they own at least two fifths of the land as herein provided, the improvement shall not be ordered. 222 REVISED CITY CHARTER. [Title XVIII. § 399. The Board of Assessors shall return the appli- cation to the Common Council, with its certificate thereon as to the facts required, which certificate shall be con- clusive as to the facts. The Board of Assessors shall also certify whether, in its judgment, any of the lands have been divided for the purpose of affecting such majority. Whenever the Common Council is authorized or required by law or ordinance to order any work or take any action on any majority or other petition, such peti- tion shall be referred to the Board of Assessors to ascer- tain whether it is the necessary majority petition or is signed by the necessary persons or sufficient thereof, or represents a sufficient proportion of the property as the case may be, and the Board shall return the application to the Common Council with its certificate thereon as to the facts required,which certificate shall be conclusive as to the facts. No person signing a petition shall within three months after such petition is presented to the Common Council be considered or counted on any other petition for the same Work or imj^rovcment, or any part thereof, or on a remonstrance against the same, without the consent of the Common Council, nor shall any person be allowed to withdraw his name from any petition, or add his name thereto, during the same period, without the like consent. If such consent is given in either or any of the cases aforesaid, the petition, if theretofore returned by the Board of Assessors, shall be again re- ferred to the Board, and the Assessors shall again ex- amine the petition, and return the same to the Common Council with its certificate as to the facts required, which certificate shall be conclusive as to the facts. Thus amended by L. 1895, c. 805, Sec. 27, and L. 1900, c. 707, Sec. 4. The act of 1895 added the third sentence, requiring reference of all petitions to the Assessors. The act of 1900 struck out a provision that no certificate should be made by the Assessors until five days after reference of the petition to them. This act also substituted the la-st two sentences in place of the former provision that "No person signing a petition shall be considered or counted Title XVIIL] REVISED city charter. 223 on a petition for a different kind of pavement for the same improve- ment, or on a remonstrance against a petition signed by him within three months thereafter." § 400. The expense of all the work or improvements mentioned in sections three hundred and ninety-six and three hundred and ninety-seven of this act, except the cleaning of streets and alleys, the cleaning and repairing of sewers and receivers, the repairing of the accepted streets, and the construction and repair of crosswalks, shall be defrayed by local assessment, except that in repaving or resurfacing an accepted street, two thirds of the expense thereof shall be raised by local assessment, and the remaining one third thereof shall be paid out of the general fund, and where a street, or any part thereof shall be ordered cleaned, under section four hundred and eight of this act, the expense thereof shall also be defrayed by local assessments. Thus amended by L. 1894, c. 289, Sec. 4, and L. 1903, c. 392. The act of 1894 added the construction and repair of cross- walks and special cleaning under Section 408 to the list of work to be paid for by local assessment. The amendment of 1903 placed one-third of the cost of repaving on the general fund; the whole cost was previously paid by local assessment. § 401. The city may consti*uct, maintain, and repair a city hall, markets, and other public buildings, bridges, and reservoirs, wells and fountams, and places for sup- plying the public with water, and docks; maintain, im- prove and embellish parks, squares, open spaces, and other public grounds, and defray the expense, or any part thereof, out of the general fund or by local assessment; but all bridges shall be constructed, maintained and re- paired out of the general fund. Hereafter no public well shall be ordered in a water district. The city may rent or lease docks, or rent or lease the site thereof for such term of years as may be agreed upon. Thus amended by L. 1895, c. 805, Sec. 28. The amendment added the last sentence. 224 REVISKD CITY CHAHTKH. [Title XVIII. § 402. Tlie city shall have power to ascertain, estab- lish, and settle the boundaries of all public waters, streets, all(\vs, parks, scjuares, open spaces, and other public grounds, and to direct the City Clerk to record the same. \\'henever any person shall propose to dedicate a new street, or part of a new street, he shall submit the plan thereof to the Conmiissioner of Public Works for his a])proval, before the same is presented to the Common Council. The Connnissioner of Public Works shall re})ort the plan, with his opinion, to the Common Council before the proposed street, or part of a street, shall be accepted. Thus amended by L. 1901, c. 228, Sec. 13. The amendinont only specified " Commissioner, " instead of "Board" of Public Works. § 403. The city shall cause the streets, alleys, parks, squares, open spaces, and other public grounds, canals, slips, wharves, or docks in the city, or any part thereof, which have been laid out, but not recorded or suffi- ciently described or which have been used for twenty years but not recorded, to be ascertained, described, and recorded in a book to be kept by the City Clerk. § 404. Buffalo River, within the city, is a public highway, Ijut any bridge heretofore built, and now existing over the same, and an}^ swing or draw bridge hereafter built over the same, within the city, by author- ity of the Common Council, is a lawful structure. Thus amended by L. 1895, c. 805, Sec. 30. L. 1870, c. 519, Title IX, Sec. 15, from which the above is derived, read as follows: "Buffalo River, within the city, is a public liighway. " L. 1884, c. 201, added the words "and any swing or draw bridge heretofore or hereafter built over the same, within the city, by autliority of the Conmion Council of said City, is a lawful structure." The changes made by the present Char- ter appear from comparison of the section as now printed, with the quotations just given. As enacted in 1891 this section had a clause at the end that "nothing herein contained shall be con.strued to repeal or in any manner affect Chapter ;i45 of the Laws of 1886, or any act amendatory then>of. " This reference to L. 1SS6, c. ;i45 is an error, as tiiat act has nothing to do with the Buffalo Charter. Probably L. 1888, c. 345, the Grade Crossing Act, was intended. The amendment of 1895 repealed this last clause, putting the .suction info its present form. Title XVIIL] REVISED city charter. 225 § 405. The city may widen, straighten, enlarge, clear from obstruction, dredge, deepen, embank, and dyke the Buffalo River, Cazenovia Creek, the Black Rock Harbor, the lake, the basins, slips, and waters in the city, and may put and maintain in navigable condition all of said waters in the city except Cazenovia Creek, and may construct new drainage channels to abate floods, and prevent the overflow of the waters of the said Buffalo River and Cazenovia Creek, or either of them. The expense or any part of the expense of any w^ork or improvement men- tioned in this section, may be paid out of the general fund or by local assessments as the Common Council shall determine, provided, however, that not more than one third of the expense of doing any of the work or making any of the foregoing improvements, when done or made for the purpose of abating floods, and preventing the overflow of the waters of the Buffalo River and Cazenovia Creek, or either of them, shall be paid out of the general fund, and the remainder of such expense shall be defrayed by local assessment. Nothing in this act shall be con- strued to allow the city of Buffalo to have, use, or exercise any control over the canals, basins, harbors, slips, or other works belonging to the state within the limits of the city. Thus amended by L. 1900, c. 571, Sec. 1. The amendment added the mention of Cazenovia Creek, the power to embank and dyke, and the power to construct new drain- age channels to abate floods with tlie limitation of cost to be borne by the general fund. § 406. When the city shall alter the recorded grade of any street or alley, the owner of any house or lot fronting thereon may, within one year thereafter, claim damages by reason of such alteration. Upon presenta- tion of such claim, the Board of Aldermen shall refer it to the Board of Assessors. The board shall hear the claim- ant, and award such damages as shall be just. In case the board shall award damages to any person, it shall assess the same upon the real estate benefited by the 226 REVISED CITY CHARTER. [Title XVIII. alteration. The amount so assessed shall, when col- lected, be paid to such claimant. § 407. No work or improvement specified m this act, except those mentioned in section three hundred and ninety-seven, the expense of which shall be esti- mated to exceed five hundred dollars, shall be ordered, unless by the vote of two thirds of all the members elected to each Board composing the Common Council, after pubhcation in six successive numbers of the official paper of the city, of the intention to order such work or improvement. Thus amended by L. 1892, c. 246. Before this amendment publication of notice was required in one other daily paper in addition to the official paper. § 408. The city shall not enter into a contract with any person for the doing or making of any work or im- provement at a price exceeding five hundred dollars, luitil it shall have caused a notice to be published in the official paper and two other daily papers of the city twice a week for two weeks, inviting sealed proposals to do the work or make improvement, pursuant to the plan, specifications, or other proper description of the work or improvement to be specified in the notice, and shall not enter into a contract for the doing or making of any such work or improvement for a price exceeding five hundred dollars, until the assessment therefor has been confirmed, and has been delivered to the Treasurer. Except that the Common Council may order any street cleaned, sprinkled, or watered in addition to such woik already contracted for by the city, and the city may enter into a contract therefor upon a petition of the majority of the resident owners upon said street, without publishhig such notice, and before the assessment therefor has been con- firmed. The city shall include in the plans, specifications and quantities of the improvement of any street by pav- ing or otherwise, which shall be hereafter ordered, the specifications and quantities of work and material neces- Title XIX.] REVISED CITY CHARTER. 227 sary to be done and furnished for the purpose of making connections with the pavement or grade in all streets crossing the one m which such improvement is to be made, and for connecting the termination of such im- provement with the work and grade on such street. The expense of the labor and materials of the connec- tions shall be included in the assessment ordered to defray the expense of the improvement, and shall be assessed upon the property benefited thereby. § 409. In case an assessment shall prove to be msuffi- cient to defray the expense of the work or improvement for which it was made, the Common Council shall deter- mine the amount of such deficiency, and may direct the Board of Assessors to apportion the same ratably upon the assessments in the assessment -roll. The Board shall make an assessment-roll accordingly. § 410. All work provided for in this title, after having been ordered by the Common Council, shall be executed under the direction of the Commissioner of Public Works. Thus amended by L. 1894, c. 289, Sec. 5, and L. 1901, c. 228, Sec. 14. The amendment of 1894: struck out provisions for requiring property owners to lay sidewalks. This subject is since covered by Section 288. The amendment of 1901 specifies "Commissioner" instead of "Board" of Public Works. TITLE XIX. LIGHT. § 411. The city may hght the streets or contract for the lighting of them, and may purchase, construct, main- tain, and regulate works to provide the city and its inhabitants with light. § 412. The Common Council shall prescribe the boundaries of the lamp district, and may, from time to time, and after the publication in five successive numbers 228 REVISED riTY CHARTER. [Title XIX. of the official paper of the mtention so to do, alter or en- large the same. No such extension shall be made except upon a petition of a majority of persons owning property and residing within the limits of the proposed extension, or in the absence of such petition, by a three-fourths vote of each Board of the Common Council. § 413. When the lamp district shall be extended, the expense of the extension, including the cost of the pipes, lamp-posts, and lamps, shall be paid out of the general fund of the city. Thus amended by L. 1904, c. 67, Sec. 1. Before this amendment the cost was raised by assessment. § 414. The Common Council shall cause to be raised yearly a sufficient amount of money to defray the ex- pense of lighting and maintaining the lamp district, and keeping the j)ipes, lamp-posts, lamps, and other fixtures m repair, and in extending the lamp district, and such expense shall be included in the general tax, and paid out of the general fund of the city. Thus amended by L. 1904, c. 67, Sec. 2. "^ Before this amendment one half of the cost of lighting was set out on the bills for the general city tax as a special item under the heading of "lamp tax." § 415. The streets or parts of streets of the city which are or may hereafter be lighted by electric light, shall be deemed a part of the lamp district, and the expense of such electric lighting shall be included m the amount raised to defray the expense of lighting and maintainmg the lamp district. § 416. The city may contract with any person or corporation to furnish the materials and labor necessary to be used and done in making all extensions of the lamp district, and for lighting the public buildings and the streets of the city, and keeping the lamps in repair, for such time as the Conunon Council shall designate, not exceeding five years for any one contract. Sections four hundred and seven and four hundred and eight of this act Title XX.] REVISED CITY CHARTER. 229 shall not apply to any such contract. The city may pur- chase, from time to time, and keep on hand such number of lamp-posts and lamps as the Conmion Council may deem necessary for replacing lamps and posts, which shall become unfit for use, and supplying all extensions of the lamp district therewith, and pay for the same out of the general fund, and shall furnish such posts and lamps for such extensions at the price which the city shall have paid for the same. When lamps and posts are not in use they may be removed from the street and stored or used elsewhere, and the gas-light company shall, on being notified, protect its pipes at its own ex- pense, and if they should be again needed at the place from where they were so removed, the same or other of equal value shall be returned without expense to the local property owners. All the work provided for in this title, after having been ordered by the Common Coimcil, shall be executed under the direction of the Commissioner of Public Works. Thus amended by L. 1895, c. 805, Sec. 31, and L. 1901, c. 228, Sec. 15. The amendment of 1895 added the sentence next to the last, providing for the removal and storage of unused lamps and posts. The amendment of 1901 specified '"Commissioner" instead of ''Board" of Public Works. TITLE XX. OF EMINENT DOMAIN. § 417a. *The city shall have power to take lands for public buildings, for parks, public grounds, squares, streets, alleys, fountains, canals, basins, slips, and other public waters, docks, and for any other corporate pur- pose or object, and to take proceedings to perfect its title where title has been acquired or attempted to be acquired, and has been found to be invalid or defective, and the latter proceeding may be joined with any new proceeding for acquiring lands for a similar purpose. 230 REVISED CITY CHARTER. [Title XX. Thus amended by L. 1895, c. 805, Sec. 32, and L. 1900, c. 571, sec. 2. ♦The amendment of 1895 added the power to take proceedings to perfect title. The law of 1900 made no change, except in the number of the section. Instead of leaving this section alone and designating the new paragraphs below as Sections 417a, etc., this law provided that Section 417 "is amended to read as follows," and reenacted the above section, under the heading of 417a, adding new sections under designations of 417b, etc. § 417b. Whenever any work or improvement authorized by section four hundred and five of this act shall be undertaken, the city may take for the purposes thereof, as provided in this act, lands, held or used for public purposes by any corporation having the power of eminent domain, or otherwise held or used for public purposes ; but in such case only such interest or easement shall be taken as may be necessary for carrying out such work or improvement, and to that extent, such taking is hereby authorized. This section added by L. 1900, c. 571, Sec. 2. § 417c. Any number of separate parcels of land owned by the same or different persons or corporations, or in which the same or different persons or corporations have an interest whether contiguous or not, may be in- cluded in one and the same proceeding under this title. This section added by L. 1900, c. 571, Sec. 2. § 417d. If at any time a proceeding to take lands as in this title provided shall be found defective or in- sufficient, the city may proceed anew to take such lands in the same manner as if no prior proceedmg had been begun, and if in possession, the city may continue in possession of such lands until the final conclusion of such new proceeding, and the court may stay all actions or proceedings against the city on account thereof. This section added by L. 1900, c. 571, Sec. 2. § 418. When it shall be intended to take any lands for any of said purposes or objects, the Board of Alder- men shall require the Board of Assessors to ascertain and Title XX. '] REVISED CITY CHARTER. 231 certify the district that will be benefited thereby, and will be assessed therefor, and the Common Council shall not adopt any resolution declaring its intention to take such lands until the report of the Assessors has been received and confirmed. The Common Council shall thereupon, by resolution, declare such intent, and describe the lands intended to be taken, and shall at the same time declare whether the expense of the same shall be paid by general or local fund, or in part by a local fund, and, if wholly or partly by a local fund, define the district that will be assessed therefor. Upon such resolution becoming of force, the City Clerk shall cause the same to be pubhshed in the official paper daily for two weeks. § 419. Withm three months after the expiration of the said publication, the Common Council may declare, by resolution, to be adopted by a vote of two thirds of the members of each Board, that the city has determined to take such lands for the purpose specified in such reso- lution. § 420. Upon such resolution becommg of force, the Corporation Counsel shall give notice that the city has determined to take the lands therein described for the purpose stated, and that on a specified day he will apply to a court, to be held on that day, in the city, naming the court of record to which such application is to be made, for the appointment of three commissioners to ascertain the just compensation to be made for such lands, by publishing such notice daily for two weeks in the official paper, by leaving a copy thereof at each inhabited building on such lands with a person of full age, and by serving a copy thereof personally on each person who, by the records of the Erie County Clerk's office, appears to be the owner or mortgagee of such lands or any part of them, or by depositing it in the post office in the city, with the postage prepaid, addressed to him at Buffalo, at least ten days before the time when the appH- cation is to be made. If any such owner or mortgagee 232 REVISED CITY chartp:r. [Title XX, has an agent registered as provided iji this act, the notice, Avhen not personally served on such owner or mortgagee, shall be served on such agent personally, or by depositing it in the post office addressed to him. § 421. At the opening of such court on the day desig- nated in the notice, or as soon thereafter as he can be heard, the Corporation Counsel shall, upon a copy of said resolutions, certified by the City Clerk, and proof of the giving of said notices as aforesaid, apply to such court to appoint such commissioners. Such court shall hear such application, and may appoint three commissioners to ascertain the just compensation to be made for such lands. § 422. If an attorn ey-at-law shall appear for any per- son in such proceedings, and serve notice thereof upon the Corporation Counsel, he shall be entitled to notice of all subsequent proceedings. The Corporation Counsel shall cause the order appointing the commissioners, together with a notice of the pendency of the proceedmg directed to all persons upon whom service has been made, as provided in section four hundred and twenty of this act, to be filed in the office of the Clerk of the county of Erie, who shall record the same in like manner as notice of pendency in an action to foreclose a mortgage. When any proceeding of appraisal has been commenced no change of ownership by voluntary conveyance or transfer of the real estate or any interest therein shall hi any manner affect such ])roceedings, but the same may be carried on and perfected as if no such conveyance or transfer had been made. In case any such proceedings shall be at any time discontinued, the court in which the same shall have originated may, upon the application of any person interested, with or without notice to the per- sons who have appeared therein, as it shall determine, make an order directing the cancellation of such notice of pendency of such proceeding, which shall be filed in the office of the Clerk of the county of Erie, and there- Title XX.] REVISED CITY CHARTER, 233 upon the Clerk of said county shall cancel and discharge of record such notice of pendency. § 423. If any commissioner shall die or be disquali- fied or excused by the court from serving, the court, upon application of the Corporation Counsel, may appoint another in his place. In all cases of appraisal under this act, when the mode or manner of conducting all or any part of the proceedings for the appraisal and proceedings consequent thereon are not expressly provided for by this act, the court before which such proceedings may be pending shall have the power to make all necessary orders and give all the proper directions to carry into effect the object and intent of this act. The practice in such cases shall conform, as near as may be, to the ordi- nary practice in such court. The court may, from time to time, upon the apphcation of the Corporation Counsel, with or without notice, as the court may direct, extend the commissioners' time to make and file their report until such time as the court may fix, and such order shall take effect upon the filing thereof. The pro- ceedings of the city in exercising the right of eminent domain shall not be enjoined, restrained or interfered with by any order or mandate of any court or judge. § 424. The commissioners, before they enter upon their duties, shall take and subscribe an oath that they will faithfully perform their duties, and will ascertain and report the just compensation to be made for the lands. Any of them may issue subpoenas and administer oaths to witnesses. A majority of them may adjourn the pro- ceedings before them from time to time in their discre- tion. They shall appoint a time and place for the hear- ing. They shall view the lands, and hear all legal evi- dence offered by the city or any person interested in the lands. They shall ascertain the just compensation to be made to the owners of, and to the persons interested in the lands; and they shall, within sixty days after their appointment, make a report to the court which ap- 234 REVISED CITY fHARTER. [Title XX. pointed them, by filing the same, together with their oath, with the clerk of such court. The report shall be signed by all of the commissioners. § 425. If the commissioners shall not be able to agree, they shall certify the fact to the court, which may, upon the api)lication of the Corporation Counsel, appoint new conmiissioners. § 426. Upon the filing of the report of the commis- sioners the Corporation Counsel shall communicate the fact of such filing, stating the whole amount of the awards to the Common Council. The Common Council may, at or after the second regular meetmg thereafter, by resolution, direct that the Corporation Counsel shall apply to the court for the confirmation of said report or for the discontinuance or abandonment of said proceed- ing, and the Corporation Counsel shall comply with such resolution. Such action of the Common Council shall be taken within three months from the time when the filing of such report shall have been communicated to it by the Corporation Counsel. In case the Corporation Counsel shall apply for the discontinuance or abandonment of such proceeding, the court shall ascertain and determine the reasonable and necessaiy expenses and disburse- ments incurred by each person who has appeared in said proceeding, either in person or by attorney, and the same shall be paid to such persons by the city. The city shall pay all taxes and assessments which shall be levied or assessed after the confirmation of the report vipon any of the property taken as herein prescribed. Upon the coming in of the report of the commissioners the court may confirm the report or annul it, or refer it back to the commissioners, or to new commissioners to be appointed by it. If the court shall confirm the report of the com- missioners, the order of confirmation shall recite the proceedings, and describe the lands taken, and shall be conclusive upon the city, and upon the owners of and all persons interested in the lands. Title XX.] REVISED CITY CHARTER. 235 § 427. The clerk of the court shall make up a roll of such proceedings, by attaching together all the reports therein filed in his office, and a copy of all orders made therein by the court. § 428, The order of confirmation shall be recorded in the office of the Clerk of Erie County, and in the office of the City Clerk, and such record, or a copy thereof, certi- fied by the clerk, shall be evidence of the facts therein contained. § 429. The commissioners shall be paid by the city six dollars per day as compensation for their services upon filing their report, or their certificate of disagreement, and the court may, m addition, allow to the commis- sioner who drew up the report a reasonable compen- sation, not exceeding the sum of fifty dollars. § 430. Upon the confirmation of the report of the commissioners, the Common Comicil shall ascertain the amount of money required to pay the compensation awarded and the cost of the proceedings. The amount which is to be raised by general tax shall be included in and raised in the general tax next thereafter to be levied. The amount which is to be raised by local assessment it shall cause to be assessed upon the real estate benefited, in accordance with the declaration of intention, § 431, Within one year after the. confirmation of the report of the commissioners, the city shall make to the persons to whom compensation shall have been awarded by the commissioners, the compensation awarded to them respectively. § 432. In case any such person shall refuse the same, or be unknown, or incapacitated, or the right to the com- pensation be disputed, or be doubtful, the city may pay the amount of such compensation into the court in which the proceedmgs to take the lands were had, with a state- ment of the facts and circumstances of the case. 236 REVISED CITY CHARTER. [Title XX. § 433. The court shall have power to order the invest- ment of such money, to ascertain \vho is entitled to it, or any and what part of it, and to order its payment accord- ingly. § 434. Upon making to the respective persons the compensation awarded to them, or paying the same into court as aforesaid, the fee of the lands taken shall vest in the city. § 435. If the amount necessary to make such com- pensation has not been realized by the city, it may borrow the same temporarily. § 436. When any lands of any person to whom com- pensation is awarded for an interest in lands taken by the city, or of any person acquiring title under such person subsequent to the filing of the notice of pendency herein provided for, shall be assessed to pay such compensation^ the court in which the proceedings were had may, upon the confirmation of the assessment, and upon the appli- cation of such person, or the city, set off the amount of such assessment and the amount of such award, and cer- tify the balance. § 437. When any real estate, subject to any lease or other agreement, shall be taken by the city under this title, all the covenants and stipuktions contauied in such lease or agreement shall, upon the expiration of one year from the confirmation of the commissioners' report, de- termine and be discharged; and when a part only of any real estate shall be so taken, the said covenants and stip- ulations shall be so discharged only as to the part taken; and the court in which the proceedmg was had may, on application of any party in interest to such lease or agreement, and after a notice in writing of eight days to the other parties interested, appoint three commissioners to determine the rents, pajanents, and conditions which shall be thereafter paid and performed under such lease or agreement, in respect to the residue of such real Title XX."] REVISED CITY CHARTER. 237 estate ; and the report of the said commissioners on being confirmed by the court, shall be binding and conclusive on all persons interested in such real estate. § 438. The city may take in fee for pubHc streets, alleys, and squares, the lands situate within the bound- aries of any of the pubHc streets, alleys, and squares in said city, which have been or shall have been used as public streets, alleys, or squares for more than ten years, and for that purpose may include in one proceeding any number of streets and alleys, or parks, squares, or public grounds. § 439. The proceedings to take lands under the pre- ceding section shall be pursuant to this title, except that no other service of notice required by section four hun- dred and twenty, shall be necessary than the publication thereof; the lands situated within the bounds of any street or alley, or any part thereof, or of any number of streets, may be included in one proceeding, but nothing in this or the preceding section contained shall authorize said city to divest any existing right to lay down or maintain any pipes or railroads and appurtenances in, upon, or across said streets or alleys. § 440. If for any reason the city shall have failed to appropriate any land required by it for public use, or to appropriate any part thereof to such use, or shall have abandoned such use, the Common Comicil may authorize the sale, release, and conveyance, under the hand of the Mayor and the corporate seal of said city, of any of such lands, or of any part thereof, after the parcel sought to be sold shall have been appraised, as hereinafter provided, upon pa3niient of the amount at which the interests of the city in said lands shall have been appraised. § 441. Whenever it shall be represented to the Com- mon Council that lands designated in the foregoing sec- tion have not been appropriated for the purposes for which they were acquired, and that the same can be 238 REVISED CITY CHARTER. [T itic XX. sold, the Common Council niay, by re.sulutuMi, direct the interest of the city in such land to be appraised in the same manner as prescribed in the general laws of the state for the condemiiation of property, which proceeding may be conducted by any party desiring to acquire title to any such lands at his own expense, and the report of the appraisers appointed by the Supreme Court for the purpose of fixing the value of the interest of the city in said premises shall be filed in the office of the Clerk of Erie County, and the sum found by said appraisers as the value of the interest of the city in the premises appraised shall be the amount of the compensation to be paid for the release and conveyance of said land by the party making application for such appraisal. § 442. Upon the application for the appointment of commissioners to appraise the interest of the city as provided in the foregoing section, the petition shall con- tain a particular description of the land sought to be appraised. § 443. The Common Council may, l)y resolution, direct the sale of any land acquired by the city for public use, and which it has failed to appropriate or ceased to use for the purpose of such use, at public auction to the highest bidder. Notice of the time and place of such sale, together with a short description of the property, shall l)e published twice a week for three weeks in the official paper of the city, and no appraisal thereof shall be made or deemed necessary in cases of sale under this section, unless an application has been made as provided ir section four hundred and forty-one, before the passage of a resolution of the Common Council directmg the sale of premises under this section. § 444. The provisions of this act shall not be so con- stnied as in any manner to affect or apply to the land taken by' the city of Buffalo, or the Dodge farm, so called, for the purposes of a reservoir. Title XXL] REVISED city charter. 239 § 445. In cases, however, where assessments have been offset as against awards for the value of the property taken, the Common Council may authorize the release and conveyance by deed to be executed by the Mayor, and under the seal of the city, of the interest of the city in such lands, or parts thereof, to the parties interested therein who are equitably entitled to such conveyance, upon payment by them to the city of the moneys ex- pended by the city in the purchase or the taking of said lands or ratably in proportion to such parts thereof with interest thereon, from the time of such expenditure, or upon such other terms and conditions as the Common Council shall deem best for the interests of the city. In case the city of Buffalo sh^ll at any time abandon the public use of any lands appropriated by it for public use, or shall be about to abandon such use the Common Coun- cil by not less than a two-third vote may authorize the conveyance under the hand of the Mayor, and the cor- porate seal of said city, of any such lands or any part thereof so abandoned or about to be abandoned, in ex- change for other lands of substantially equal value re- quired by said city for a like public use. Thus amended by L. 1901, c. 199. The amendment added the last sentence, giving the City power to exchange lands. TITLE XXI. OFFICIAL PRINTING. § 446. On or before the first day of November in each year the heads of the several departments shall prepare and deliver to the City Clerk a statement in detail of all the printing, with the proper blank forms and blank books that will be required in the respective departments for the ensuing year. The City Clerk shall thereupon prepare specifications, showing the amount and kind of official printing required by the city for the use of all its 240 REVISED riTv CHARTER. [Title XXI. officers and dci)art merits. Such specifications shall not include any matter which by law is to be published in the official paper, nor the minutes of the proceedings of the Common Council. Thus amended by L. 1907, c. 461, Sec. 1. This amendment changed the date in the first line from Decem- ber to November. § 447. The City Clerk shall thereupon cause a notice "to be published in five successive numbers, Sundays ex- cepted, of the official paper, and of two other daily papers of the city, that sealed proposals will be received by him until the third Monday of December, for all the printing and binding mentioned in the specifications, as prescribed in the preceding section. The specifications shall not be published in the notice, but shall remain in the City Clerk's office for examination. The Corporation Counsel shall prepare blank forms of proposals, which shall be printed and furnished to those desiring to bid, and a copy of the specifications shall be attached to the proposals when delivered to the City Clerk and form a part thereof. § 448. On the third Monday of December, at ten o'clock in the forenoon, the Mayor, Comptroller, and Treasurer, or any two of them, shall meet at the Mayor's office, and the City Clerk shall then deliver to them the sealed proposals received by him, and they shall publicly open the same. Subject to the following provisions of this section, they shall award the contract for the pro- posed printing and bhiding to the lowest bidder or bid- ders, who will furnish security satisfactory to them for the proper performance of the contract so awarded ac- cording to the specifications accompanying the proposals. Provided, however, that said Mayor, Comptroller, and Treasurer, or any two of them, shall have the right to reject any or all bids, and to award the contract or con- tracts to the lowest bidder or bidders by items. In case all or any bids are rejected, the said Mayor, Comptroller, and Treasurer, or any two of them, may direct the City Title XXL] REVISED city charter, 241 Clerk to advertise anew for the whole or any part of said printing or binding, as may be necessary, and it shall be his duty thereupon to cause a notice to be pubhshed as provided in section four hundred and forty-seven of this act, except that sealed proposals offered under any advertisement subsequent to that provided for by section four hundred and forty-seven, shall be opened by the Mayor, Comptroller, and Treasurer, or any two of them, in the office of the Mayor, at ten o'clock in the forenoon of the day specified in the notice, which day shall be not less than four nor more than five weeks from the first pubhcation of said notice. Pending the awarding of any contract or contracts pursuant to this section, said Mayor, Comptroller, and Treasurer, or any two of them, may make such provision as they shall deem best for the official printmg and binding until the contract or con- tracts shall be duly awarded for the year. They shall require security satisfactory to them for the proper per- formance of any and all contracts so awarded. In adver- tising for bids the City Clerk shall provide that any bidder receiving a contract shall agree to do all the printing of the class or classes or items for which the proposals of said bidder shall be accepted, and of any kind for which no items have been furnished, which the city may require during the year, whether included in the specifications inviting proposals or not, at the same rates and upon the same terms as shall be fixed in the contract. No claim for city printing shall be audited or paid unless the work and the materials thereof shall have been done or fur- nished as herein provided. Thus amended by L, 1907, c, 461, Sec. 2, This amendment gave the power to reject bids or award the contract by items, and added the procedure to be followed in such event, § 449. The City Clerk, under the direction of the Common Council, prior to the fifteenth day of December in each year, shall give notice to the publishers of the daily papers published in the English language in the city 242 REVISED CITY CHARTER. [Title XXII. that sealed proposals will be received by the Common Council at its next session after the giving of such notice, for publishing all matters required by law or the ordi- nances to be published in the official paper, and the printing and binding of the minutes of the proceedings of the Common Council for the ensuing year, showing the number of copies and the style of printing and bind- ing required. § 450. The Common Council shall award the contract to the lowest responsible bidder, and the paper in which pubhcation is made shall be designated the official paper. The compensation paid for such publication shall not exceed the rates allowed by law, at any time for the pub- lication of legal notices. When any publication shall be commenced in the official paper, the publication shall be completed by it with the hke effect as if it were the official paper. TITLE XXII. MUNICIPAL COURT. § 451. The court of civil jurisdiction known at the time of the passage of this act as the Municipal Court of Buffalo, as heretofore created and established, is con- tinued, with the jurisdiction and powers hereinafter pro- vided. § 452. There shall be two judges of the Municipal Court, who shall be elected and hold their offices for the term of six years. § 453. The judges in office at the time this act takes effect shall serve out the terms for which they were respectively elected. At the amiual election next pre- ceding the close of each of said terms, and every six years thereafter a judge shall be elected to serve six years. Title XXII.] REVISED CITY CHARTER. 243 § 454. No person shall be eligible to the office of judge of said court unless he shall be a resident elector of the city of Buffalo, and be a counselor of the Supreme Court of the state of New York. § 455. It shall be the duty of each judge to hold a court in and for the city of Buffalo, to be called the Municipal Court of Buffalo. Each of said judges may hold a separate court at the same time. The court shall be open for business each day, Sundays and legal holi- days excepted, at nme o'clock in the forenoon, and con- tinue open during seasonable hours for the transaction of business. During the sickness or other inability of the judges, or either of them, to discharge their or his duties, the Mayor may appoint a person or persons of the city qualified as provided by section four hundred* and fifty-four of said act to perform them. Thus amended by L. 1893, c. 245, Sec. 1; L. 1894, c. 691, Sec. 1. § 456. The court shall have and possess, in civil actions and proceedmgs, the same powers and jurisdic- tion as heretofore possessed and exercised by Justices of the Peace in the city, except as herein provided in civil actions and proceedings, and the additional powers and jurisdiction hereby conferred as follows: 1. In all civil actions and proceedings cognizable by law in the justices' court of towns. 2. In actions arising on contracts for the recovery of money only, if the sum claimed does not exceed five hundred dollars; and also m actions for breach of con- tract, where the damages claimed do not exceed five hundred dollars. 3. In a matter of accomit when the sum total of the accounts of both parties, proved to the satisfaction of the court, does not exceed one thousand dollars. 4. In an action for damages for injury to rights per- tammg to the person, or to personal or real property, or 244 REVISED CITY CHARTER. [Title XXII. for the conversion of personal property, if the damages claimed do not exceed five hundred dollars. 5. In an action for a penalty not exceeding five hun- dred dollars. G. In an action upon a constable's or other bond for the pajTnent of money not exceeding five hundred dollars though the penalty exceed that sum, the judgment to be given for the sum actually due. Where payments are to be made by installments, an action may be brought for each installment as it becomes due. 7. In action upon a surety bond taken by said court when the penalty or amount claimed does not exceed five hundred dollars. 8. In an action upon a judgment rendered in a court of a Justice of the Peace, or in the Municipal Court of Buffalo, where such action is not prohibited by the pro- visions of the Code of Civil Procedure. 9. To take and enter judgments on the confession of a defendant, when the amomit confessed shall not exceed five hundred dollars, in the manner prescribed by sec- tions three thousand and ten, three thousand and eleven, and three thousand and twelve of the Code of Civil Pro- cedure. 10. In an action for damages for fraud in the sale, purchase, or exchange of personal property, if the dam- ages claimed do not exceed five hundred dollars. 11. In an action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, shall not exceed five hundred dollars, the same proceedings to be had as are provided by law to be had in the justices' court. 12. In summaiy proceedings under title two, chapter seventeen, of the Code of Civil Procedure, to recover possession of land, and to remove tenants and others, the process to be made returnable before said court by its proper title. Where the proceeding is brought for Title XXII.'] REVISED CITY CHARTER. 245 the non-payment of rent, the court must specify the amount of rent due and unpaid to the petitioner, if any, at the time of the commencement of the proceedings, in its final order, and hkewise the hour of the entry of such order, and no warrant for the removal of the tenant shall issue until after the expiration of twenty-four hours after the entry of such fuial order. 13. In actions or proceedings under the statute for the enforcement of the liens of mechanics and others, where the amount of the lien does not exceed the sum of five hundred dollars, the same proceedings to be had as are provided by law^ to be had in justices' courts. The court shall also have jurisdiction in an action commenced for the recovery of a fine or penalty for the violation of an ordinance of the city, and in an action or proceeding in- stituted for the punishment of any person for the offense of violating any such ordinance. 14. In action connnenced by an attachment of prop- erty, as now provided by statute, if the debt or damage claimed do not exceed five hundred dollars. 15. In Htigated actions or proceedings, it shall also have power to make such rules and regulations for the trial, adjournment, or other disposition of such actions or proceedings as, in its discretion, shall seem just and proper, and not othenvise provided for by law. Thus amended by L. 1894, c. 691, Sec. 2, and L. 1898, c. 101, Sec. 1. § 457. Process shall be made returnable before the court by its proper title, and shall be signed by a judge, or any clerk of the court. Either of the judges may hold the court and may hear, try, and determine any case or pro- ceedings brought therein, where there is no demand for a jury, or preside at a trial by jury. The process, plead- ings, practice, trial by the court or by juiy, judgment by action or confession and proceedings thereon shall be the same as are now provided by law for justices' courts^ except as othenvise provided in this act. The provisions 24G REVISED CITY f HAHTER. [Title XXII. of cha])ter five hundred and five of the laws of eighteen hundred and eighty-nine shall not apply to this court. The provisions of sections twenty-nijie hundred and ninety to twenty-nme hundred and nuiety-seven, inclu- sive, of the Code of Civil Procedure, as they existed at the time of the passage of chapter five hundred and five of the laws of eighteen hundred and eighty-nine, shall re- main in full force and be ap})licable to this court. In an action brought in said court, a jury trial shall be waived unless a juiy shall be called at the time when issue is joined or upon the first adjourned day of the same, and a sufficient siuii of money to pay for the venire and con- ductuig and paying such juiy shall be deposited with a clerk at the time of makbig such call. Where a jury trial is had the court is vested with the same powers be- fore a verdict is rendered as are conferred by law upon the Supreme Court in the trial of an action before it. In cases where the defendant is required by law to give bail on application for an adjournment, the amount of the penalty of the bond shall be fixed by the court, but shall not in any case exceed six hundred dollars. Appeals may be had from judgments of said court to the Supreme Court, Erie County, in the same cases, in the same man- ner, and with like effect as appeals are now had by law to the County Court from judgments obtained in jus- tices' courts, except where an undertaking has been given it shall not be necessary, when such appeal is taken, to deposit with the clerk of said court the statutory costs provided for by this act, and except that in case of an appeal where a new trial is not demanded the appellant shall have the right to appeal to the Special Term or the Appellate Division of said Supreme Court upon complying with the rules of said courts but shall specify his election in the notice of appeal. An appeal may be taken from a judgmentof the Special Tterm to the Appellate Division. But the appellate court may, in its discretion, set aside the judgment appealed from, or stay proceedings there- under, and by order direct a new trial before said Munici- Title .YA7/.] revised city charter. 247 pal Court at such a time specified in said order, and upon such terms as it deems proper. Upon such appeal the appellant, upon reversal, shall include in his bill of costs, and the clerk of the appellate court shall tax the costs and disbursements that he would have been entitled to in this court had the judgment in this court been in his favor, in addition to the costs provided for by the Code of Civil Procedure, and shall be entitled to include the same in his judgment. The Municipal Court shall not have cognizance of any action where the title to real property shall come in question ; but where such question arises the pleadings and practice shall be the same as now provided by law for justices' courts in like cases. Thus amended by L. 1893, c. 245, Sec. 2; L. 1894, c. 691, Sec. 3; L. 1895, c. 805, Sec. 33, and L. 1898, c. 101, Sec. 2. § 458. Any clerk of the court on the demand of a party in whose favor judgment shall have been rendered shall give a transcript thereof, statmg the names of the parties, plaintiff and defendant, the date of the rendition of the judgment, in whose favor rendered, the amount thereof, the date of issue of such transcript, the name of the attorney, if any, who appeared for the party in whose favor the judgment was rendered, which may be filed and docketed in the office of the Clerk of Erie County; the time of the receipt of the transcript by said last- named clerk shall be noted thereon and entered in his docket, and from that time the judgment shall be a judgment of the County Court. Such attorney shall thereafter have the same power and authority to cancel and discharge such judgment that is now vested m attor- neys where a judgment is recovered in a court of record. A certified transcript of such judgment may be filed and docketed in the clerk's office of any other county, and with Hke effect in every respect as in the county where the judgment was rendered, except that it shall be a lien only from the time of filing and docketing the transcript. 248 REVISED CITY CHARTER. [Title XXII. But no such judgment for a sum less than twenty-five dollars exclusive of costs, shall be a lien upon or enforced against real property. The pleadings shall be (1) the complaint by the plaintiff, and (2) the answer by the defendant. The pleadings shall be oral or in writing. If oral, the substance thereof shall be entered in the docket of the court; if in writing, they shall be subscribed by the party or his attorney, and shall be filed, and a reference to them shall be made in the docket, but such pleadings need not be verified except as heremafter pro- vided. If a party appears by an attomey-at-law, the pleadings of such party shall be in writing unless the court shall othenvise direct. The complaint shall state, in a plain and direct manner, the facts constituting the cause of action. The answer may contain a denial of the complaint, or of any part thereof and also a notice, in a plain and direct manner, of any facts constituting a de- fense or counterclaim. Either party may demur to any pleading of his adversaiy, or any part thereof, when it is not sufficiently explicit to enable him to understand it, or if it contains no cause of action or defense, although it be taken as tme. If the court deems the objection well founded, it shall order the pleaduigs to be amended, and if the party who interposes it refuses to amend, the defective pleadings shall be disregarded. In case a de- fendant does not appear and ans\\'er the plaintiff cannot recover, except as othenvise provided in sections four hundred and fifty-nine and four hundred and sixty of this act, without proving his case. In an action or de- fense fomided upon an account or instrument for the payment of money only, it shall be sufficient, except as otherwise provided in sections four hundred and fifty- nine and four hundred and sixty of this act, for the party to dehver the account or instrument to the court, and to state that there is due to him thereon from the adverse party a specified sum, which he claims to recover or set off. A variance between the proof on the trial and the allegations ui the pleadings shall be disregarded as im- Title XXIL] REVISED city charter. 249 material unless the court shall be satisfied that the ad- verse party has been misled to his prejudice thereby. The pleadings may be amended at any time before or during the trial, or upon appeal, when, by such amend- ment, substantial justice will be promoted. If the amendment be made after the joining of issue, and it be made to appear to the satisfaction of the court, by oath, that an adjournment is necessary to the adverse party in consequence of such an amendment, an adjournment shall be granted. The court may also, in its discretion, require as a condition of amendment, the payment of costs to the adverse party. Execution may be issued on a judgment heretofore or hereafter rendered at any time within five years after the rendition thereof, and shall be returned within sixty days after it is issued. If the judgment be docketed with the County Clerk, the execution shall be issued by him to the sheriff of the county, and have the same effect, and be executed in the same manner as other executions and judgments of the County Court. The Municipal Court may, at the joining of issue, require either party, at the request of the other, at that or some other specified time, to exhibit the items of his account or demand, or state the nature thereof, as far as may be in his power, and in case of his default pre- clude him from giving evidence of such part thereof as shall not have been so exhibited or stated. The defend- ant may, on the return day of process, and before answer- ing, make an offer to allow judgment to be taken against him for an amount to be stated in such offer, with costs, which offer the court shall at once enter in its minutes. The plamtiff shall thereupon and before any proceedings shall be had in the action, deteimine whether he will accept or reject such offer. If he accepts the offer, the court shall enter such acceptance in its minutes, and judgment shall be rendered accordingly. If the plaintiff' shall not accept said offer and shall fail to obtain judg- ment for a greater amount, exclusive of costs, than has been specified in the offer, he shall not recover costs, but 250 REVISED CITY CHARTER. [7'itle XXII. shall jmy to the defendant his costs accruing subsequent to the offer. Section twenty-eight hundred and ninety- three of the Code of Civil Procedure shall not apply to actions or proceedings in said court, but every action and proceeding brought therein shall be called at the time specified m the mandate or process by which it is com- menced, or as soon thereafter as the business of the court will permit. The authority of any attorney or counselor of the Supreme Court who shall appear for any party shall be presumed, and it shall not be necessaiy for him to prove his authority to appear or act for a party in said court. The forms of action, parties to action, the rules of evidence, the times of commencing the actions, and the service of process upon corporations, as established by the Code of Civil Procedure, shall govern the practice in this court. The court shall also have the power to adjourn any case or proceeding before it, upon such terms as to it may seem just, upon application therefor, where it is made to appear to the satisfaction of the court, by affidavit, that the attorney for the party applying for such adjournment is actually engaged in the trial or argu- ment of a case in a court of record, or actually confuied by reason of illness, and that such attorney has had the sole charge and management of the case or proceeding in which the application is made, and likewise adjourn upon proof by affidavit of such illness cither of the plaintiff or defendant, or any necessary or material witness in behalf of either plauitiff or defendant; and likewise ad- journ any such case or proceeding without appearances where all the parties thereto are represented by attorneys, and such attorneys file with the court a stipulation in writing, stating the time to which said action or proceeding is adjourned, and signed by them and each of them. In an action brought in this court by domestic servant to recover for services performed by her, or by a common or unskilled laVjorer, having a family dependent upon him for support, for wages due him, if the plaintiff recovers a judgment for a sum not exceeding twenty-five Title XXIL] REVISED city charter. 251 dollars, exclusive of costs, no property of the defendant is exempt from levy and sale by virtue of an execution against property issued thereupon, and if such an execu- tion is returned wholly or partly unsatisfied, the clerk must, upon the appHcation of the plaintiff, and the order of the judge of said court, issue an execution against the person of the defendant for the sum remaining uncol- lected, A defendant arrested by virtue of an execution so issued against his or her person, must be actually confined in the jail, and is not entitled to the hberties thereof, but he or she must be discharged after having been so confined fifteen days. After his or her discharge an execution against his or her person cannot be issued upon the judgment, but the judgment creditor may enforce judgment against property as if the execution from which the judgment debtor is discharged had been returned without his or her being taken. In an action to recover a sum of money for wages earned only by a domestic servant, or a common or unskilled laborer, as aforesaid, the plaintiff, if entitled to costs, shall recover the sum of five dollars as costs in addition to the costs allowed by section four hundred and sixty-two of this act, but to entitle the plaintiffs to the benefits of this section, it must appear, upon the face of the complaint, or affirmative proof must be made, that the plaintiff has made a personal, just, and reasonable demand for the amount claimed from the defendant, prior to the com- mencement of such action ; and in a case for common or unskilled labor that such family, dependent upon the plaintiff for support, resides within the state of New York, and that such labor was performed within the city of Buffalo. When the employee is the plaintiff in the action, she or he is entitled, upon a settlement thereof, to the full amount of costs which she or he would have recovered if the judgment had been rendered in her or his favor for the sum received by her or him upon the settlement. Where a complaint is served with the summons in such action, and the name of the attorney 252 REVISED CITY CTTARTER. [I'itle XXII. for the plaintiff is subscribed to such complaint, a lien for the said amount of costs shall immediately accme in favor of said attorney, and no settlement between the parties to such action shall defeat his right thereto; and the said attorney shall, upon proof of a settlement bene- ficial to the plaintiff, be entitled to judgment in said action for said costs, and shall have the same rights for the enforcement and collection thereof as hereinbefore specified. The above provisions in regard to an action brought by a domestic servant shall also apply in an action brought by any female for work done by her, whether the same be done by her in her own home or in the home, place of business, or shop of her employer, and shall likewise apply to any and all mechanics having a family dependent upon them for support, as aforesaid. Thus amended by L. 1893, c. 245, Sec. 3; L. 1894, c. 691, Sec. 4; L. 1895, c. 805, Sec. 34, and L. 1898, c. 101, Sec. 3. § 459. In an action brought in this court arising on contract for the recovery of money only, or upon account, the plaintiff, at the time of issuing the sunmions, may file with the clerk of the court a written complaint, setting forth in a plain and concise manner the facts or items of account constituting the cause of action, specifying the amount actually due from the defendant to the plaintiff, and for which the plaintiff will demand judgment. Such complaint shall be subscribed by the jjlaintiff, or his attorney, and shall be verified in the manner prescribed by the Code of Civil Procedure. Said summons and com- plaint shall be served at the same time by delivering to and leaving with the defendant personally a copy thereof. Thus amended by L. 1894, c. 691, Sec. 5. § 460. In case the defendant appears and ans\\'ers said complaint, such answer shall be in writing, and sub- scribed by the defendant, or his attorney, and shall be verified as above provided for the verification of the complaint, and shall contain first, a general or specific Title XXII.] REVISED CITY CHARTER. 253 denial of each material allegation of the complaint con- troverted by the defendant, or of any knowledge or in- formation thereof sufficient to form a belief; second, a plain statement of any new matter constituting a defense or counterclaim. All allegations in a verified complaint not denied by the answer, upon a trial or other deter- mination of the action, shall be taken as admitted by the defendant. § 461. In case the defendant fails to answer the com- plaint, as herein provided, he shall be deemed to have admitted the allegations of the complaint, and the court, upon the filmg of the summons and complaint, with the proof of due service thereof, shall forthwith enter judg- ment for the plaintiff for the amount demanded in the complaint with costs and disbursements, without further proof. Thus amended by L. 1894, c. 691, Sec. 6. § 462. In all actions brought in this court, there shall be allowed by way of indemnity to the plaintiff, if he be the prevailing party, and shall have appeared by an attorn ey-at-law, the following sums at costs,which shall be included in the judgment : 1. When the damages recovered amount to twenty- five dollars, but do not amount to one hundred dollars, and where actions are for wages, even if the recoveiy does not amount to twenty-five dollars, the sum of three dollars. 2. When the damages recovered amount to one hun- dred dollars, but do not amount to two hundred dollars, the sum of five dollars. • 3. When the damages recovered amount to two hun- dred dollars, but do not amount to three hundred dollars, the sum of seven dollars. 4. When the damages recovered amount to three hundred dollars or more, the sum of ten dollars. 254 kevt>;ed (Ttv riiATiTER. [Title XXII. 5. "Where issue has been joined upon a question of fact, there shall be allowed to the plaintiff, in addition to the sums hereinbefore specified, where the damages re- covered amount to the sum of fifty dollars, and do not exceed the sum of one hundred dollars, the sum of five dollars; where the damages recovered amount to one hundred dollars, and do not exceed the sum of two hun- dred dollars, the sum of ten dollars; where the damages recovered exceed the sum of two hundred dollars, the sum of fifteen dollars; and if on a trial of such issue, the defendant prevail, or the action is discontinued or dis- missed, he shall be entitled to have judgment rendered against the plaintiff for the amount of the fees and dis- bursements allowed the defendant by law, and also addi- tional costs as follows: When the plaintiff shall have demanded in his complaint, or sought to obtam upon the trial, judgment against the defendant for fifty dollars or more, but less than one hundred dollars, the sum of eight dollars; when the plaintiff shall have demanded in his complaint, or sought to obtain upon the trial, judgment against the defendant for one hundred dollars or more, but less than two hundred dollars, the sum of fifteen dollars; when the plaintiff shall have demanded in his complaint, or sought to obtain upon the trial, judgment against the defendant for the amount of two liundred dollars, or more, but less than three hiuidred dollars, the sum of seventeen dollars; when the plaintiff ^hall have demanded in his complaint, or sought to obtain upon the trial, judgment against the defendant for three hundred dollars or more, the sum of twenty-five dollars. If the action brought by the plaintiff is for a sum less than fifty dollars, and the defendant shajl have interposed a coun- terclaim, and a trial is Had thereunder, and the defendant prevails, upon his counterclaim he shall be entitled in addition to the costs and disbursements aforesaid, to additional costs as follows: AVhere the counterclaim recovered amounts to fifty dollars, and does not exceed the sum of one hundred dollars, the sum of eight dollars; Title XXII.] REVISED CITY CHARTER. 255 where the counterclaim recovered amounts to one hun- dred dollars and does not exceed the sum of two hundred dollars, the sum of fifteen dollars; where the counterclaim recovered amounts to two hundred dollars and does not exceed the sum of three hundred dollars, the sum of seventeen dollars; where the counterclaim recovered exceeds the sum of three hundred dollars, the sum of twenty-five dollars. 6. Where a commission is issued on behalf of the plaintiff or defendant, to the prevailing party the sum of ten dollars, in addition to the fees or disbursements now provided for by the Code of Civil Procedure. Thus amended by L. 1893, c. 468, Sec. 4; L. 1894, c. 691, Sec. 7, and L. 1898, c. 101, Sec. 4. § 463. Judgment shall be rendered forthwith in the Municipal Court of Buffalo In the following cases : Upon the confession of the defendant, non-suit, discontinuance or withdrawal of the action, or the verdict of a jury, and in all cases where a defendant is in custody, at the close of the trial; in all other cases within ten days after the cause shall have been finally submitted, except in cases where all the parties are represented by attorneys, and shall extend the time by stipulation, in whicli case, within the time mentioned in said stipulation. The clerk or clerks shall enter all judgments rendered in said court in its docket within ten days from the rendi- tion thereof. Thus amended by L. 1893, c. 245, Sec. 5; L. 1894, c. 691, Sec. 8, and L. 1895, c. 805, Sec. 35. § 464. In all actions and proceedings brought in said court, there shall be paid to a clerk thereof, to be de- posited as provided in section four hundred and sixty- seven of this act, the following fees: In an action where the amount claimed does not exceed the sum of twenty- five dollars, the sum of twenty-five cents; where the amount claimed exceeds twenty-five dollars, but does not 256 EF.VISKD riTY CHARTER. [Tillf XXII. exceed tJie !med duly dedicated 136 local rolls shall be made in their order 144 maps and surveys of taxable property shall keep 136 new assessment, when ordered l)y Comnuiu Council 155,158 nonresident owners may a])point agent to tak(> care of taxes, etc . . .' 1 49 notice of assessment I'olls comi)leted. when to publish 148 notic(^ by mail to i)arties assessed 150 numl)er of members of board 129 petitions, reference to and certificate of, sub. 2 398,399 power aivl duties of board 134 power to correct annual assessment rolls 141 (|Uorinii of 132 registry of owners and agents of land, shall kee]) 150 - subdivision of plot of lands, copy shall be filed ill office 136 ■ INDEX TO CHARTER. 279 Section Assessment, Department of, subordinates appointment, number and salaries 133 term of office of members 130 when majority of board is interested in lands to be assessed, Mayor to appoint electors 135 when roll declared void, shall make new assess- ment 158 Assessment Roll, Annual, actions on, to recover tax 77 additions to 76 agents, owners may appoint 149 apportionment of tax in 75 apportionment of, when different owners 142 assessments presumed valid 116 collections on, by treasurer 76,92 copies of, to whom delivered 140 correction of imperfect description 123 correction of, by Comptroller 75 delivery of to Treasurer 75 error in, correction of in certain cases only 141 form and preparation of 138 interest on, how computed 83 interest, addition of 76 lien of taxes 106 local rolls, addition to 75 nonresident owners may appoint agent to take care of taxes, etc 149 notice by Treasurer 76 notice by Assessors 138 objections to, before Assessors 139 partial payment of 128 pavment of assessment, before and after return of rolls 92 return of to Comptrolller 91 sales for nonpayment 88 unpaid tax, notice to owners 76 Assessment Roll, Local, action to test legality of assessment 100 action by Common Council, when irregular 152 action by Common Council, when objections are filed to 154 280 INDEX TO CHARTIOU. Section Assessment Roll, Local, additions to ' 95 additions of interest to 103 addresses of owners jmd agents, to be furnisiied Assessors 1 50 amount of, how fixed 143 application for writ of certiorari, not to be en- tertained, unless, etc . .sul). 1 101 assessment presumed valid 1 1(5 Assessors to make in their order 144 certiorari, writ of 101.111 City Clerk, duties in relation to 153,154,156 collection of, by Treasurer. — 104 confirmation of, by limitation 153 confirmation of, City Clerk to attach certificate to and deliver to Comptroller 156 deficiency, when made 409 delivery of, to Corporation Counsel 152 division of, by Common Council 157 duty of Corporation Counsel 152 duty of Comi:)troll(^r 93 duty of Treasurer 94,104 form of 146 .hearing of persons interested 151 how assessment shall be spread 145 illegal, how reviewed 101 in excess of $500, how collected 103 installment rolls, when payable and rate of interest 103,105 interest on, after addition to general roll 98 irregular, action upon, when so reported by Corporation Counsel .• • • • 1^2 irregular procecflings. Common Council may annul and l)egin anew 122 lien, after addition to general roll 98,99 method of paying same 96 monthlv assessment rf)ll of Department of Public Works 288 names of owners, omission from shall not invali- date the assessment.. . 147 new assessment, when ordered by Conmion Council 155 no lands shall be exempt from local assessment 159 nonresident owners may appoint agent to take care of taxes, etc 149 INDEX TO CHARTER. 281 Section J^ssessment Roll. Local, notice by mail to parties assessed 150 notice by mail, Ijy Assessors, validity not to be questioned 150 notice of, by City Clerk 153 objections to, when in hands of City Clerk 153 objections to, hearing of, by Common Council.. 154 objections to, hearing of, by Assessors 151 occupants of public grounds, to be assessed for local improvements 160 paving, after roll is confirmed, may issue bonds 105 proofs to be annexed by City Clerk 153 pubHcation of, by Assessors. 148 public grounds, any person occupying same shall be assessed for local improvements. . . . 160 registry of owners and agents, Assessors shall keep 150 return of rolls to Comptroller 102 return of unpaid installments, by Treasurer ... 104 temporary loans by Comptroller to pay bonds 105 Treasurer to retain until added to general roll . . 97 Treasurer shall be notified of beginning of work 94 warrants, how payable 105 when declared void. Assessors shall make new assessment 158 when becomes a lien 98,99 writ of certiorari, granting of 101 writ of certiorari, when may be applied for and how served sub. 2, 3 101 writ of certiorari, power of court in relation thereto. ; sub. 4, 5, 6 101,112 Attorney and assistant, see Law, Department of. Auctioneers, ' , of watches and jewelry, police supervision over 204 Auditor, appointment and duties of 58 claims for city printing 448 clerks, appointment of 58 power to subpoena witnesses 58 witnesses, fees of ." 58 Ayes and Nays, see Common Council. see also vote required on various measures. 282 IXDKX TO CHAKTEU. Section B Bankj> ol' Deposit, cashier of shall make weekly report to Comp- troller ' 12 Common Council shall designate 12 ]iarns, power of Health Commissioner over 238 Basins, control of sub. 5 271 laying out, etc 391,396 Bids, bonds 492 fire department 253 oflicial printing 447 official pap(>r, minutes, etc 449 paving streets 397 Public Works Department 283,408 Water De})artment 297 Births and marriages, control and registration of 232,233 Black Rock harbor, power to improve 405 Black Rock, streets in, when discontinued may be conveyed to adjacent owners 493 Board of Aldermen, sec Common Council. Board of Councilmen, see Connnon Council. Board of School Examiners, see Public Instruction, Department of. Boilers, steam, inspection of sub. 7 17 Bond and undertaking, release of not to be given ^27 Bonds, exchange of by holder 491 for local work 14 for pavhig streets 105 for the erection and furnishing of school buildings 329 record of 491 registered or coupon, authority to issue 491 sale of, mode of procedure 492 INDEX TO CHARTER. 283 1-1 rr Section Bonds, omciai city officers, and where filed 48 form, condition and approval of 476,477,478 of deputies 480 record of 379 Bonded Debt, sum due shall be included in annual estimate.. . 68 Books, papers, etc., official, refusal to deliver to successor, penalt}' for 485 production of, before auditor \ . . . 58 production of, before committee 31 production of, before Fire Commissioners 255 production of, before Mayor 49 production of, before Police Commissioners. . . . 195 public inspection of 490 Boundaries of the city 1 Bridges, control of sub. 5 271 how paid for 401 maintenance of 401 Buffalo, City of, boundaries of 1 corporate name and powers of 2 division of into wards 3 legislative power of, vested in Common Council 4 Burial or incineration of the dead, control of 232 Buffalo River, a public highway 404 bridges over, lawful structures 404 improvement of 405 Buildings, destruction of at fires 261,262,263 erection of, power of Council over sub. 5 17,30,292 erection of, requirements for 292 inspectors of, qualifications sub. 3 73 public 401 unsafe,pojver of Department of PublicWorks as to 290 unsafe, expense of removing a lien upon pro pert j^ 291 Canals, basins, etc.. control of " sub. 5 271 laying out, enlargement, altering, etc 391,396,405 2S4 INDEX TO CIlAKTKli. Section Caitnu'ii, police supervision over . 204 Cattle Inspector appointment of : 235 Certiorari, Com])troller's duty as to local rolls, in case of . . 93 granting of, to review local assessment 101 Charter, when to take effect 508 Chemist, city 235 City boundaries 1 City departments 44 City Clerk, assessment rolls, dnty as to 153,154,156 assessment roll, monthly, from Department of Public Works, duty as to 288 bond, city officers shall file with 48 bonds of officers of the city, shall record 479 canals, basins, slips, and other public waters, record of 391 City Clerk or deputy shall act as presiding offi- cer in electing a president of each board and Common Council 8 confirmation of monthly assessment roll, duty as to 288 deputy and subordinates of 34 duties of, general 35 election and term of office of 33 election, notice of, shall publish 371,374 election, certificate of inspectors and tabular statement of, shall lay before Board of Alder- men 373 election, vacancy in elective office 15 days before election, notice to he published 374 fees of 500 first meeting of Common Council, duty of 8 grades of streets, record of 392 licenses, to countersign 35 moneys, received by 36 neglect of officer to file bond, etc 40 official oaths and bonds, custody of 39 official printing, duty as to 446,447 official pajK'r, duty as to 449 ordinances, certificate 18 INDEX TO CHARTER. 285 Section City Clerk, ordinances, record of 41 ordinance or resolution not approved or returned by the Mayor within ten days, shall make certificate, etc 18 record of streets and alleys by 42,391,392,403 School Examiners, shall notify Mayor when term expires .332 shall notify officers of their election or appoint- ment 38 streets and alleys, record of 42,391,392,403 warrants, to sign 60 City Hall 401 City officers, elective 45 Civil Service, provision as to 55 Claims and Accounts, action to recover 16 audit of 15 ' Hr I3 rules of proceedings of 10 shall meet on first Monday in each year to elect l)r(>sident, etc 8 vacancy in, how filled 374 woik or improvement, power to order 272 INDEX TO CHARTER. 287 Section Common Council, Aldermen, Board of appointments by 10 aye and nay vote in 10 City Clerk or deputy, when to act as presiding officer 8 consists of 7 election and term of office of 7 election returns, canvass, by 373 journal of, when evidence 497 journal and publication of proceedings of . . . . 10 legislative power of 4 less than a quorum may adjourn from time to time 8 meetings of stated 9 meetings of. special, how called 9 members who vote to apply money for a dif- ferent purpose than it was raised for, guilty of misdemeanor. 486 printed minutes, when evidence 497 qualification of members,board shall be judge of 10 quorum of 8 removal from ward, shall make office vacant 7 salaiy of 474 sergeants-at-arms, doorkeepers and messen- gers,, may appoint 10 shall be residents of ward in which elected . . 7 shall meet first Monday in January in each year and elect by ballot its president * 8 sittings of, public 10 temporary president 8 term of office 7 vacancy in office of Ma3'or, power of board . . 54 vacancy in office of, how filled 374 vote, unanimous or specified when required shall be required in each board 8 vote required in various measures, ayes and nays, when to be taken in Board of Councilmen 10 bonds, to authorize the issue of for the erec- tion and furnishing of school buildings, "two-thirds" 329 288 INDEX TO CHARTER. Section Common Council, buildings to erect, etc., "unanimous vote of those present" sub. 5 17 contract, cr(^atin<>; liability out of general fund, "majority elected" estimates, to alter or amend, "two-thirds" 73 estimates to adopt as altered or amended, 70 "majority" 70 fines, for violation of ordinances to remit, "two-thirds" 27 lamp district, to extend without petition, " three-fourths" 412 monthly assessment roll, to correct or revise, "two-thirds" 288 paving or grading, etc., streets, expense ex- ceeding $500, under notice of intention, "three-fourths" 398 resolution of determination to take lands, "two-thirds" 419 reward, to authorize Mayor to offer, "two- thirds" 13 sewer, expense exceeding S40, 000. 00 to di- rect assessment, "two-thirds" 105 (a) to increase expenditures in any department upon certificate of Mayor, Comptroller, and Treasurer, "two-thirds" 73 to redeem lands from tax sale, "unanimous" 120 to release from liability to the city, "unani- mous vote of all members elected" 27 to permit railroad tracks to be laid in, along or across streets, "two-thirds" 28 veto of the Mayor, to overrule, "two-thirds and three- fourths" 18 work or improvements exceeding $500 (except paving, etc., streets on majority petition), to order after notice of inten- tion, "two-thirds" 407 Councilmen, Board of. City Clerk or Deputy, when to act as presiding officer 8 consists of 6 election of 6 INDEX TO CHARTER. 289 Section Council men, Board of, less than a quorum may adjourn from time to time 8 journal and publication of proceedings of 10 meetings of, stated 9 meetings of, special, how called.. . ". 9 powers of ,5 proceedings of, when not to be published 10 qualifications of members, board shall be the judge of 10 quorum of 8 sergeant-at-arms, doorkeepers, and messengers, may appoint 10 shall meet on first Monday in January in each year and elect by ballot its president 8 sittings of, public 11 temporary president 8 terms of office 6 vacancy in office, how filled 374 vote in, when ayes and nays shall be taken. ... 10 vote, unanimous or specified, when required shall be required in each board 8 Comptroller, see "Finance, Department of," Competency of resident and freeholder, as juror, etc., when city a party 496 Concealed weapons, permit for carrying of 209 Conduits, : maps of, to be filed 295 Constable, bond of 471 election of 365 power of 365 term of office 365 vacancy, how filled 374 Contracts, discriminations, in 504 forms of, Corporation Counsel shall prepare. ... 163 for work, expense' exceeding $500 ■ 283,408 hours of labor 504 in exce.ss of estimate 73 officers of the city not to be interested in 184,247 282,311,475 290 INDEX TO { iiahti;k. Section CVipic'S of ivcorcLs, fees for 500 Corporate seal of the city 449 Corporation Comisol, see "Law, l)ei)artinent of/' Costs and fines, disposition of 164 Councilmen, I^oard of, see "Common Council." County Clerk, Jioard of Health, action by, record of 242 . deeds and maps filed- to be presented to assessors I'Mo tax searches, duty of 114 County taxes, validity of lien preserved 119 Criminal warrants, execution of 202 Crosswalks and approaches to, construction of 306 how paid for 27."). 400 repairs of, deemed repairs of streets 275 Culverts, control of sub. 5 271 D Dangerous materials, license for keeping sul). 2 269 Deaths, registration of 233 Deeds and conveyances, record of . . 1 36 Deficiency, assessment 409 Departments of the city 44 De]:)artment of Public Works, see Puljlic Works, Department of. Destruction of buildings, at fires and compen.sation for 261,262.263 Disorderly house, police sujx'rvision over 205 Docks, control of sub. 5 271 Dodge Farm, restriction on sale of 444 Dogs. killing of 210 license of 210 INDEX TO CHARTER. 291 Section Dog Catchers, appointment of 210 Board of Police, may contract with 210 Dog pound, power to construct 210 Drains and drainage, inspector 235 control of Health Department sub. 3 239,240 Drugs^ inspector of 235 Education, see "Public Instruction, Department of." Elections, annual, when to be held 370 ballot boxes 372 canvass of votes by inspectors 372 canvass of returns by Board of Aldermen 373 certificate of, result of 373 elective officers of the city 45 elective officers, when to be chosen 369 general laws, to govern 375 notice of, City Clerk to publish 371 patrolmen to be detailed 206 Superintendent of Police, duties of 207 term of elective officers, when to commence. . . . 369 terms of officers elected to fill vacancy, when to commence 369 Electrical conduits, maps of, to be filed 295 Electric wires, etc., power of city to regulate sub. 7 17 power to place underground sub. 4 271 power of Park Commissioners, over 318 Eminent domain, assessments set off against awards 436 awards, payment of 431,432,433 awards, moneys, how raised to pay same 430-435 awards set off against assessments 436 292 INDEX TO CHARTER. Section Eniinent domain, change of ownership not to affect proceechngs. . 422 Commissioners in, vacancy 423 Commissioners, extension of time to file rejwrt . 423 Commissioners, oath of 424 Commissioners, report of 424 Commissioners, power to issue subpoenas and administer oaths 424 Commissioners in, disagreement of 425 Commissioners, notice of appUcation for 420,421 Commissioners, appointment of 421,424 Common Council, action oii report 426 compensation of Commissioners 429 confirmation of report, conclusive 426 confirmation of report, record of 428 court may confirm or refer back report 426 discontinuance or abandonment of proceedings . 422,426 district to be assessed, Board of Assessors to cer- tify to 418 fee of lands taken, when vested in city 434 injunction against the city in, forbidden 423 leases upon lands taken, when to expire, etc . . . 437 notice by Corporation Counsel 420 notice to attorneys 422 notice of proceedings " 420,422 notice of pendency 422 order appointing Commissioners., to be filed.. . . 422 orders necessary, power of court to make 423 l)ayment of awards into court in certain cases. . 432,433 j)ower to take lands 417 practice in, to conform, etc 423 proceedings not to be enjoined 423 i proceedings to perfect title 417 / proceedings to take lands, mode of procedure . . 418-428 -^ proc.eedings. Clerk of Court to make roll of 427 record of order of confirmation 428 J^' report when filed, to be reported to Common Council 426 : report of Assessors must be confirmed before Common Council declares intention to take. . 418 resolution of intention must describe lands, de- fine district that will be assessed, and how ex- penses shall be paid 418 resolution of intention, publication of 418 INDEX TO CHARTER. 293 Section Eminent domain, resolution of determination must be adopted within three months after expiration of pub- lication of notice of intention 419 sale of lands abandoned 440-445 streets, power to take fee in 438 streets, alleys and squares, used as such for more than ten years, proceedings to take fee of 438,439 taxes and assessments, after confirmation of report 426 territory benefited, determination of 418 Enabling act 509 Engines, boilers, inspection of sub. 7 17 Engineers, appointment of examiner of sub. 7 17 Engineer, Deputy Commissioner duties sub. 1 273 Engineer, city, to continue to perform certain duties, etc 506 to perform duties under Chapter 345, Laws of 1888 506 Estimates, annual adoption of, vote necessarj' 70 cleaning streets and removing ashes and garbage 272 expenditures in each department shall be kept within, except, etc 73 expenditure in any department may be increased upon certificate of Mayor, ComjDtroller, and Treasurer 73 Firemen's Relief and Pension Fund sum may be placed in 269 Fourth of July, may include sum for celebration of 72 heads of departments to furnish Comptroller. . . 67 schools, erection and furnishing of, and purchase of lots, sum may be placed in 329 shall be spread upon the minutes of each board 69,70 sum total shall be raised by general tax 71 temporary loans, sum shall be placed in to pay same 179 vote to alter or amend same 70 vote to adopt as altered or amended 70 294 ].\l)i:X TO CHAKTEK. Section Estimates, amiiial, when Comptroller shall presc.nt to Jioard of Aldermen 68 when Board of Aldermen shall proceed to con- sider same 70 when Board of Aldermen shall finally pass upon 70 when l^oard of Coiincilmen shall act 70 when Mayor shall act 70 Kxamincr of engineers, appointment of sub. 7 1 7 Executive ])epartment, division of 43 Exempt firemen, jury duty, exemjit from 264 Exemption, from local assessments 159 Expenditures in any department. may be increased upon written certificate of Mayor, Comptroller, and Treasurer 73 shall not exceed estimate ." 73 Explosives, licenses for ,sub. 2 269 F Fees, of clerks for certified copies 500 to be paid to Treasurer, etc 500 Fence viewers 367 Fences, dangerous, may order taken down 30 Fencing lots sub. 7 271 Ferries, power to estal^lish 29 Financial condition (»f the city, annual report of 66 Finance, Dej^artment of , Comptroller, accounts and books to keep 57 annual tax, apportioimient by 75 auditor, appointment of 58 bond of 48 bonds due and condition of funds, shall cer- tify to 105 bonds, .sale of, duty as to 492 clerks of 480 INDEX TO CHARTER. 295 Section Finance, Department of, Comptroller (continued) collection of tax, may enforce by sale 108 deputy, and duties of . 480 election of 45 estimates, heads of departments shall furnish to 67 estimates, shall present to Board of Aldermen 68 financial condition of the city, shall make an- nual report of , 66 general tax roll, when shall deliver to Treasurer 75 judgments against city, payment of 178 local redemption fund, duty as to 14 local assessment rolls, duty of ^ 93 moneys received on tax sale redemption 57 moneys, to pay daily to Treasurer 57 moneys collected by tax collector, report to 84 notice of tax sale 110 powers and duties of 56-60 sale of lands for taxes, duty as to 106-126 statement of tax rolls returned, shall prepare 107 tax agents, shall keep register of 125 term of office 47 unpaid taxes, action for collection of 77 unpaid taxes, returned to 91,102 unpaid taxes, transcript of 104 warrants, to keep account of 57 warrants, to countersign 60 warrants, to direct payment of 105 Treasurer, action by, to collect taxes 77 annual tax, notice of 76 annual tax, addition of interest 76 banks of deposit 12 bond of 48 clerks, appointment of 480 collector of unpaid taxes, appointment and fees of 79,92 deputy, appointment of 480 election of 45 liability, paying illegal warrant 73 local rolls, to retain until 97 local rolls, to index 94 local rolls, to publish notice of receipt 94 local roll, duty of 104 local warrants, payment of 105 296 INDEX TO ('HARTER. Section Treasurer, moneys 1(mi(. wroiiuly doposited or unlawfully ap{)ro|)riat('(l 63 moneys, no one .shall receive for the city, except, etc 64 Police Pension Fund 211 j^owers and duties of 59,62 return of tax rolls by 107 term of office 47 warrants, notice of payment of 105 warrants, duties as to 60,61,62 Fines and penalties. civil action to recover 20,23 remission of 27 Firearms, permit to carry 209 Fire, Department of. annual report to Council 256 appointment of Commissioners 245 ai)pointments by Connnissioners 249,250 arrests at fires, who may make 260 Chief Engineer, duties of 257 creation of. 245,246,250 contracts, members of Board shall not be inter- ested in 247 destniction of buildinsis at fires 261 destruction of buildings at fires, compensation for 262,263 exempt firemen's certificate 264 expenditures in, power of 253 expenditures exceeding .*S500 shall not be made without con.sent of Common Council 253 Firemen's Benevolent Association, moneys to be paid to 265 fires, to investigate cause of 255 general powers of Board 252 jury duty, exempt from 264 leave of absence and sickness 251 licen.ses for sale of explosives sub. 2 269 meetings of Jioard 248 members, except Commissioners, shall not be engaged in any other business 257 militia duty, exempt from 264 Pension Fund, consists of 266 premises, power to examine 258 president of Board 248 INDEX TO CHARTER. 297 Section Fire, Department of, purchases by Board 252 purchase or sale of lands, etc., for use in, shall not be interested in 247 ciualification of Commissioners 245- quorum 246 records of secretary ,evidence in legal proceedings 249- removals by Board 250 removals of Commissioners 247 repairs, power to make, except, etc 252' retirement of officers and members by Board. . . 268' retirement upon application sub. 2 268' rules and regulations 254 rules to govern proceedings 248 salaries of employees, shall fix, etc 250 secretary, appointment and removal of 249 secretary, duties of 249 subordinates, power to employ 252 telegraph fire alarm, superintendent of 257 temporary Comn/issioners 245 vacancy in Board 245 violation of fire ordinances, shall report to Cor- poration Counsel 259 witnesses, power to subpoena 255 Firemen's Relief and Pension Fund, annual report of trustees sub. 8 268 application of : sub. 5 268 Board of Trustees, powers and duties of 267-269 bond of Treasurer 267 Corporation Counsel, duty of 270 creation of and what to constitute 266 fines and penalties, action to recover 270 fraudulent pension, penalty sub. 4 270 monthly payments of moneys to, b}' officers and Boards sub. 2 270 ' organization of Boards and trustees 267 pensions to retired members sub. 2 26S pensions to families of officers and members.. . . 268 pensions, how granted 268 pensions, how paid sub. 7 268 pensions, exempt from execution and attach- ment sub. 3 270 sum for may be placed in estimates . 269 transfer of funds to Treasurer sub. 5 270 Treasurer and his duties 267,269* 298 IXDKX To ( FIAKTKK. Section, Firemen's Kelicf aiul Tension ruud. Treasurer may bring action to recover any fee, fine or penalty sub. 3 269 Fire limits, ordinance to be enacted sub. 5 17 Firemen, exempt from jury dut}' 264 exempt, certificate 264 Firemen's Benevolent Association, moneys to be paid to 265 Fireworks, license to keep sub. 2 269 Fiscal year, when begins 65 Food supplies, in.spectors.of 235 Fountains, may construct 401 Fourth of July, fund for celebration of 72 Freeholder, competency of, as juror, etc., when city a party 496 G Gaml)ling houses, , police, powers as to 205 Gas connections, laying of and assessment roll 288 Gasoline, license to keep sub. 2 269 General provisions 475-508 Grade of streets 392,406 Guni)o\vder, license to keep sub. 2 269 power of city as to regulation of sub. 7 17 H Hackmen, police supervision of 204 Harbor master, appointment and term of office of 376 ice, exclusive power to sell right to cut 379 jurisdiction of 377 office of, shall be near foot of Main St 376 ordinances, shall enforce and report violation of to Corporation Counsel 378 police, may call upon for assistance to execute orders 381 removal of obstructing crafts 377 wrecks, removal of 38o INDEX TO CHARTER. 299 Section Heads of Departments, annual estimates of 67 annual statements by 495 Health, Department of, assistant health officer, appointment of 235 Board of Health consists of 231 buildings, power of Commissioner over 238 business, dangerous to public health, power to prohibit 237 Commissioner, appointment of 231 Department under control and management of 231 powers and duties of 232,237 ciuahfication of 231 ordinances, to prepare 233 term of office, 231 creation of 231 districts, division of city into 233 district physicians, appointment and removal of 244 district physicians, duty of 234 district physicians, term of office 235 drainage and plumbing, power over. . . . sub. 3 239 employees, appointment of 235 employees, term of office 235 enforcement of powers of, by courts 242 hospitals in which city patients are received, Commissioner to visit 243 infected property , power to destroy 241 infectious diseases, power over 241 livery stable, power of Commissioners over. . . 238 nuisances, power over 237 ordinances, violation of 244 pestilence, power in case of 236,241 plumbers, cjualifications and registration of . . 239 plumbers, registered list to be published . sub. 2 239 quarantine hospital 241 rules and regulations in 240 salaries, how fixed 235 slaughter houses , power of Commissioner over 238 SuperintendentofPolice, shall execute orders of 235 tenement houses, power over 238 Hospitals, city patients in,inspection of and discharge from 243. 300 IXDKX TO fHAHTKH. Section H)'(lra^t^;. control and establishment (»f and expense, how- paid 289 I Ice. power to -;ell rig;]it to cut 379 Increased expenditure in any department, how provided 73 Inspectors of buildings. appointment and qualifications of sub. 4 272 Inspectors of engines and boilers appointment, cjualifications and term of office. sub. 7 17 Intelligence office, police supervision over 204 Interest . on public money, earned or accrued shall belong to the city. .^ 4S7 on taxes and a-ssessments, how computed 83 J Journal of Common Council 10 when e\'idence 497 Jubilee watenvorks, claims against, audit of by Commissioners 307 Commissioners, appointment and term of office of 301 Commissioners, qualification 301 Commissioners, vacancy, how filled 302 Commissioners, powers of 303 fund, creation and application of 306 maintenance of 300 ordinances, enactment of 305 Superintendent, appointment and removal of... 304 water rates, Common Council shall fix 305 Judgment creditors, redeeming lands from tax sale. ma}' add amount ])aid to mortgage or judgment 127 Judgments against the city,payment,how provided 178 Junk shop keepers, police supervision over 204 Jurors. in city cases, who ((ualify 496 who exempt from duty, as, 264 Justice of the Peace, absence or inabilitv, provision in case of 385 bond of '. 48.385 INDEX TO CHARTER. 301 Section Justice of the Peace, commitments for nonpayment of fine 389 criminal cases, shall send to Police Justice 386 designation of to attend station houses 385 election of 45,385 fines collected, how disposed of 385 jurisdiction of 385 ordinances, duty in case of violation of 387 powers and duties of 385 record of convictions, how filed. 390 removal or suspension of 385 salaries, how fixed 385 term of office 47,385 trial before, for violation of ordinances 388 K Kerosene, license to keep sub. 2 269 L Labor, discrimination as to 504 eight hours a day's work 504 extra time, compensation for 504 Lamps and lamp district, see light. Lands acquired for public use, abandonment and sale of 440,455 Law, Department of. Corporation Counsel, accident report book, shall keep 171 annual report to Council 175 assistants, appointment of 165 assistant attorney, appointment and qualifi- cation of 165,166 assistant attorney, duties of 166 attorney, appointment and cjualification of.. . 165.166 attorney, duties of 166 attorney shall perform duties in absence of Corporation Counsel 172 attorney, oath of office and bond of 172 claims for personal injuries, duties in regard to 171 302 INDEX TO CHARTER. S5Ction Law, Department of, costs or commissions collected, shall pay to city \ ... 104 election of 45 failure to comply with Sections 170 and 171 deemed a misdemeanor 177 fees and emohmients, shall not receive 164 inventory of records and boc»ks, etc., shall file with Comptroller 173 judgments recovered, shall file statement with Comptroller 1()7 law register, duty as to 170 managing clerk, qualification and duties of.. . 166 monthly payment of costs and commissions . . and report of 164 official bond of 174 powers and duties of 161,163 qualifications of 162 retained, not to be, by city after expiration of term, except, etc 169 substitution of as attorney of record 168 successor, to turn over papers and ]n-operty of the city to 169 term of office 47,162 violation of fire ordinance shall not settle without. consent of Fire Board 259 liCgislativc Department , see Common Council. Liabilities to city, certain, may be released by unanimous vote, etc. 27 for breach of any bond or vmdertaking, shall not be released • 27 Licenses, Clerk 51 dog liccTLses 210 duty of City Clerk as to 35 for sale of explosives sub. 2 269 pistols, to carry.- 209 issue of 52 record of 35 revocation of 52 Licensed places. police supervision over 240 INDEX TO CHARTER. 303 ^ . Section Light, contracts for lighting 416 Department ofPubhcWorkstohave charge, sub. 4 271 electric lighting 415 expenses of extension paid from general fund . . 413 expense of lighting and maintaining district, raised by general tax. . 414 lamp district, how created; altered, or extended. 412 lamp-posts and lamps, to be purchased and kept on hand by city 416 lamp-posts and lamps, not in use may be stored 416 power to light streets or contract for lighting.. . 411 power to purchase and maintain works to provide light 411 vote of three-fourths of each board required to extend lamp district without petition 412 work under this heading must all be executed under direction of Department of Public Works 416 Livery stables, power of Health Commissioner over 238 Local redemption fund, bonds for local work 105 collection on local rolls 104,105 creation of 14 duty of Comptroller 14 moneys credited to 14 payments out of 14 surplus from tax sales, when added to Ill Local assessments, no lands exempt from 159 Lotteries, duty of Superintendent of Police 205 Lots, filling of sub. 7 271 M Maps, etc., Assessors, record of by 136 conduits, maps of, to be filed 295 filing of in County Clerk's office 136 open to inspection 490 304 ].\Di;x TO ciiAinint. Section ]\Iaps, relating to jHiblic work, making and preserva- tion of sub. 9 271 Market biiiklings, charge and control of sub. 6 271 charge and control of sub. 4 273 power to construct and maintain 401 Mayor, absence of, may designate an Alderman or Coun- cilman 54 appointments by 53 Assessors, when to appoint in case of local assess- ment 135 election of 45 executive and administrative power vested in. . 43 exempt firemen's certificate 264 general power and duties of 49,51,53,55 licenses, ])ower to issue 52 military, when may call out 186 minutes of the Council, approval of, except, etc. 18 minutes of the Council not returned by in ten (lays, duty of City Clerk 18 ordinance, of force if not returned disapproved within ten days 18 Park Board, ex-officio member of 308 Police Board, ex-officio member of 181 I'olice Justice, when may act as 382 resolution of force if not returned disapproved within ten days 18 rewards, offer of 13 seal of the city, custody of 50 secretary, appointment and removal of 51 subortlinates, appointment and removal of 51 term of office of •. 47 A'acancy in office of 374 veto of, vote required to overrule 18 Messenger, Common Council, ap])ointment of 10 ^Military, when and how called out 186 Minutes of the Council, when evidence 494 certain, shall not be presented to Mayor for ap- proval 18 Miscellaneous provisions 475-50S INDEX TO CHARTER. 305 Section Money, public, converting to own use, larceny 488 interest on, belongs to city 487 misappropriation of 486 Monthly Assessment Roll 288 Mortgagee redeeming lands from tax sale, may add - to mortgage 127 Municipal Court, action, where title to real property arises 457 actions upon accounts 458 actions, when called ' 458 actions with corporations 458 actions by domestic servants 458 adjournment of actions 458 amendment of pleadings 458 answers, when to be written, etc., and effect. . . 460 appeals from 457 appointments of clerks and deputies shall be in writing, and filed with County Clerk 466 authority of attorney presumed. . . 458 bond, bail 457 books, blanks, etc 469 cancellation and discharge of judgments 458 causes of action, jurisdiction of 456 certificate of Clerk, to be received in evidence. . 466 civil code, when applicable 457 clerks, power and duty of 466 clerks and deputies, appointment of 466 clerks to give bail ; and said bail to be filed with Cit}' Treasurer 466 complaint and answer 458 constables, powers of, to serve and execute process 471 constables, bond of and amount of to be fixed by judges 471 constables, fees of 471 contempt in 465 costs \ 462 courts, when, how and where held 455,469 courts, when open for business 455 criminal warrants in 465 default, power to open, set aside judgment, etc. 470 306 INDEX TO CHARTER. Sectitn ]\Imiic'ii'>al Court. demunvr 458 docket of 466 domestics'wages,exeeiition for no limit.di.scharge 458 domestics' wages, cost in 458 duty and power of clerks 466 execution upon judgments for fines, etc 25 executions. 458 exhibition of accounts, etc 458 fees in actions and jjroceedings 464 fees, minute of to be kept 467 fees, accounting for 467 fees shall be (le])osited before salaries of clerks shall be paid 467 fees of stenographers 468 first process in actions for violation of ordinances 24 judges, election of 45,452,453 judges, term of office of 47,452-453 judges, cjualification of 454 judges, .sickness or inability of, appointment of })ersons to act 455 judgments in, lien of 458 judgment, filing of in any oth(>r county 458 judgment obtained by domestic .servants, no l)ro])erty exempt from lev}' 458 judgment by default 461 judgment, when rendered and entrj^ 463 judgment in, .setting aside 470 judgment, entiy of against one or more defend- ants 472 jurisdiction of 451,456 jury trial, waiver ' 457 oath of office of clerks and deimties and where filed 466 offer of judgment and acceptance or rejection 1 hereof 458 ollicial seal of 466 pleadings in ■ 457,458 powers and jurisdiction of 451,456 practice in 457 process in 457 salaries of clerks shall not be paid unt il fees have })eeii accounted f(jr 467 seal of 466 IXDEX TO CHARTER. 307 Section Municipal Court, seamstress' or laundress' wages, provisions in relation to domestic applicable 458 severance of action and entry of judgments for parts admitted 472 stay of proceedings 470 stenographers, appointments and duties of 468 stenographers, oath of office and filing of 468 stenographers, fees 468 Supreme Court, power over 470 transcripts of judgments 458 trials in, by court or jur}- 457 variance between truth and allegations. ...'.... 458 warrants, criminal 465 written complaint in certain actions and serving of summons 259 N Naphtha, license to keep " sub. 2 269 Nonresident land owner may appoint tax agent. . 149 Nonresident mortgagee may appoint tax agent. . . 125 Nuisance, abatement of sub. 8 17,395 power of Health Commissioner over 237,238 po\\'er of Department of Public Works over, sub 8 271 o Oaths and subpoenas, by Auditor 58 by Chairman of Committee 31 by Fire Commissioners 255 by Maj^or 49 by Police Commissioners 195 power of any officer or member of any Board to take and issue 502 Obscene amusements, duty of Superintendent of Police 205 Officers of the city, acceptance of other public office by, shall cease to hold present office 475 appointive 45,53 appointive, term of office 484 Ijond of, form of 476,478 bond of, approval of 478 bonds, record of 479 308 INDEX TO CHARTER. . , Section Officers of the city, bonds of, contents 48 bonds, neglect to file, duty of City Clerk 40 bonds, justification of sureties 478 books, etc., refusal to deliver to successor a mis- demeanor 485 books, etc., in office, open to inspection 490 clerks, who may appoint 480 Commissioners of Deeds, ex-officio 481 contracts, not to be mterested in 47o deputy, liability for conduct of 477 d(^puties, oath of office and bond of 480 tlcputies, who may aj^point and powers of 480 duties of, to be prescribed b}' Council. . . .sub. 2 17 elective 45 elective, term, when to commence 369 elective, when to be chosen 369 elective, to serve out term, except 506 elective, shall hold over until successor enters office 484 elector, must be 46 extra compensation prohibited 475 fees of for copies of records 500 misappro])riation of money by 486, 488 neglect of duty 489 oaths of ofiice 39, 40 oaths, power to administer 502 other public office, shall not hold, except 475 removal of 49 resignations, how made • • • • 482 salaries, no change shall be made during term of office sub. 1 17 terms of elective 47 t(M-m of person elected by Common Council to fill vacancy 374 vacancy in elective office, how filled 374 vacancy in appointive office, how filled 483 vacancy, when declared 39 Official bonds, acknowledgment of 478 apjiroval of by Mayor 478 form and conditions of 476 justification of sureties 478 INDEX TO CHARTER. 309 Section Official bonds, liability for conduct of deputy 477 of deputies 480 record of 479 who shall give 48 Official paper, contract for 450 how designated 449.450 notice to publishers of daily papers 449 publication when commenced in shall be com- pleted by it 450 Official printing, audit of claims for 448 blank forms for proposals, Corporation Counsel shall prepare 447 contract for official paper 450 contract for official printing 448 detailed statement of, heads of departments shall furnish to City Clerk 446 minutes of the Council 449 notice inviting proposals 447 opening of proposals, by whom 448 ordinances 449 specifications for. City Clerk shall prepare 446 Ordinances, act required to be done by, in front of or upon lands, how punished 19 actions to recover fines, how brought, etc 23.24,25 action, civil, to recover ffiie 20 approval of by the Mayor 18 arrest without warrant for violation of 21 baths, to establish sub. 8 17 bathing sub. 4 17 bells, ringing of sub. 8 17 births and marriages, return of sub. 8 17 boilers, steam inspection of sub. 7 17 bonds of city officers sub. 10 17 buildings, erection of sub. 5 17 buildings, superintendent of, to enforce ordi- nances 290 burials and incineration of dead, to prescribe limits for sub. 8 17 burial grounds, to purchase sub. 8 17 cattle, to prohibit running at large sub. 9 17 cartmen, to license sub. 6 17 12 310 INDEX TO t'HARTKR. Section Orclinances, certificate of passage of 18 crimiiial proscfution for violation of 26 ilisonlcriy coiRluct, to tlefiiic and prcx'ent .? 11- -ITT 1 1-^ Section Public Works, Department of, accepted streets, power to repair 277 annual estimate for repairs of streets 276 annual estimate for cleaning and repairing sewers and receivers 280 application of water receipts 286 appointment of Commissioners 271 appointments by Commissioner 273 areas and projections in streets sub. 7 271 ashes and garbage, removal of 272 assessment roll, monthly, for work done 288 basins, slips, etc., control of sub. 5 271 bond of Commissioner 48 bridges, control of sub. 5 271 buildings, public, constructing, repairing, etc., control of . . . . _ sub. 6 271 buildings unsafe, power over 290 buildings unsafe, expense of removing a lien upon property 291 buildings, erection of, control over 292,293 buildings, erection of,power of Common Council 292 buildings, inspectors of, c|ualifications of.. sub. 3 273 bureaus in 273 Bureaus in charge and control of Board, Building Bureau, and Deputy Building En- gineer Commissioner . sub. 3 273 Engineering and general work, and Deputy Engineer Commissioner sub. 1 273 Streets, Bureau of, Deputy Street Commis- sioner sub. 4 273 Water Bureau and Deputy Water Com- missioner sub. 2 273 canals, control of sub. 5 271 change of plans of sewer district, compensation for •. .sub. 2 271 claims against, audit of 287 cleaning streets 272 Commissioner to be paid monthl}^ 273 conduits, maps of to be filed 295 conduits, permission to lay and relay 295 contracts Commissioner or subordinates not to be interested in 282 324 INDEX TO t'HAKTKH. Section I'ublic Works, Dcpai'liiKMit of, contract exceeding $500 shall not be made with- out consent of Common Council 283 contracts for work or inijirovement 272 contracts shall be awarded to lowest bidder. . . . 283 creation of 271 election of Commissioner 45,271 electric lights, wires and conduits, control of sub. 4 271 employees and subordinates in bureaus, appoint- ment and removal of 273 expenditure by, not to exceed annual appro- priation, except, etc 299 expenditure by, limited 283 fencing vacant lots sub. 7 " 271 filling sunken lots sub. 7 271 garbage and ashes, removal of - 272 gas mains, control of sub. 4 271 general powers and duties of Department 271,273 hydrants, control and establi.'^hment of. .sub. 8 271, 289 hj'drants, expense, how assessed 289 inspectors of buildings, authority to enter buikl- ings 290 inspectors of buildings, qualifications of. .sub. 3 273 lamps in streets, defective, police to report 294 lights and lighting, control of sub. 4 271 maps, surveys, etc., control of sub. 9 271 maps of sewer districts to be filed sub. 2 271 moneys received l)y, deposit of daily 286 moneys received for sale of water,applications of 286 monthly assessment roll for work done 288 monthly rejjort of 272 no work shall be executed until payment has been provided 272 nuisances, abatement of sub. 8 271 ordinances,Superintendent of Buildings to en- force 290 pay accounts, to be in accordance with general laws 273 permits for house connections sub. 1, 2 271 permits to occupy streets by builders. . . .sub. 3 271 powers and duties of Department, general 271,273 ])ul:)lic work, liow ordered 272 ])ublic buildings, constructing, repairing, etc., control of sub. 6 271 INDEX TO CHARTER. 325 Section Public Works, Department of, receivers, cleaning and repairing 278 removing ashes and garbage, control of. .sub. 3 271,272 repairs of streets, shall make without order of Common Council 277 repairs of street,shall make annual estimate of, etc 276 rules and regulations of 284 salaries of sul^ordinates and employees 273 salaries of employees to be paid monthly, unless, etc...' 273 service pipes, power to lay 288 sewers and drains, control of sub. 2 271 sewer districts, division of city into sub. 2 271 sewer districts, change of plans sub. 2 271 sewers, cleaning and repairing 278 sidewalks, laying of, notice to owners 288 sidewalks, repairing or removal of snow and ice, not required to notify owners 288 . sidewalks, laying, cleaning and repairing, power of Board over , . 288 side and crosswalks, laying of, control of. .sub. 3 271 snow and ice, removal of from sidewalk 288 sprinkling streets, control of sub. 3 271 stairways in streets, control of sub. 7 271 store yard, authorized to lease or purchase 296 streets accepted, repairs, etc 279 streets, surveys and descriptions of to be filed with City Clerk 281 streets, opening, paving, etc., control of. .sub. 3 271 streets,cleaning and sweeping, control of sub. 3 271,272 street lamps, defective, police to report 294 telegraph, telephone, and electric light poles, locating and removing, control of sub. 4 271 Treasurer to be notified when work is begun ... 94 vacancy in office, how filled 271 vaults under streets, control of sub. 7 271 water revenue sub. 1 271 waterworks and supply, control of sub. 1 271 > 320 INDEX TO CHARTER. Public ^^'ol•ks, Department of, Avaterwcks, power to construct, maintain and extend, etc sub. I water pipes, layinnt S(>al to contiinu^ as 499 Sealer of Weights and Measures, ajjpointment of 219 a])pointment of, and assistants shall b(> under civil service rul(>s 221 assistants, appointment of 219 Cor]K)rati(jn Counsel to bring action for violation of ordinances 220 INDEX TO CHARTER. 329 Section Sealer of Weights and Measures, duties of 220 ordinances to prevent and punish fraud, .sub. 9 17 term of office and compensation 219 violations, shall report to Corporation Counsel.. 220 weekly report 221 Search warrants 204 Secondhand merchandise, police supervision over 204 Security by city, not necessary to give on appeal in any action 501 Sergeant-at-arms,Common Council, appointment of 10 Sewers, charge and control of sub. 2 271 cleaning and repairing 278 connections, laying of and assessment roll 288 districts sub. 2 271 expense exceeding $40,000, division of into more than five and not more than 15 installments 105a Sidewalks, defective, police to report 294 laying of, notice to owners 288,298 laving, cleaning and repairing, control of Board ■'of Public Works T. 288 repairing or removing snow and ice, not required to notify owners 288 snow and ice, removal of 288 uncleaned, police to report 294 upon park approaches 315 Slaughterhouses, . ordinances regulating sub. 8 17 power of Health Commissioner over 238 Slips, control of sub. 5 271 laying out, etc 391.396 Squares, powers to improve, etc 401 State taxes, validit}' of lien preserved 119 Streets and alleys, accepted, repairs of, how paid 275 accepted streets, what are 279 authority to lay out 391 Black Rock, conveyance of to adjacent o^:^•ners when discontinued, etc 493 boundaries, ascertaining and recording 402 330 INDEX TO CHAKTEK. Section Streets aiitl alleys, change of grade, damages by reason nf, how- awarded and paid 406 cleaning streets, expense how defrayed 400 cleaning of 272.396 cleaning and sprinkling, how ordered 408 continuous streets, portions of which bear differ- erent names, considered a single street 394 contract for work, expense exceeding S500. shall not be entered into until assessment roll has Ix^eii confirmed, except, etc 408 contraction or discontinuance of, by petition. . . 394 dedication of, mode of procedure 402 discontinuance or contraction of ])y petition.. . . 394 division of into carriageway and sidewalks 393 encroachments upon, removal of 395 estimate of repairs 276 expense of work and improvement, how paid.. . 400 grade of shall be estah.iishcd antl recorded 392 grade, change of, damages by reason of, how awarded and paid 406 grading, graveling or macadamizing 397 laying out of 391 iniisances. abatement of 395 obstruction on, removal of 395 opening and improvement of 396 paving or repaving, mode of procedure 397,398,399 pa ving,etc., expense exceeding SSOO.how ordcM'cd 398,399 paving, etc., by notice of intention sub. 1 398 paving, etc., on majority petition sub. 2 398 paving of, may issue bonds 105 petition to pave, shall be referred to assessors, sub. 2 398 petition to pave, return of by Assessors with certificate 399 plans and specifications for paving shall include work and material for connecting with cross streets, etc 408 record of 42.136,391 repairing of 279,396 streets, uncleaned, i)olice to rei)()rt 294 streets, defective, )x)lice to report 294 INDEX TO CHARTER. 331 Section Streets and alleys, streets laid out or used for 20 years and not recorded, shall be described and recorded. . . . 403 streets, when deemed dedicated and accepted. . 136 surveys and descriptions of to be filed 281 vote reciuired to order work, expense exceeding $500 (except paving, grading streets, etc).. . . 407 watering of 396 Structures, dangerous, removal of 30 Subpoenas, power to issue 502 Supervisors, election of 365 powers and duties of 367,368 term of office 365 vacancy in office, how filled 374 Superintendent of Education, see Public Instruction, Department of. T Tax agent, appointment of 125,149 Taxes and assessments, action to test validity of and defenses against. . 116 agents, appointment of 125,149 county to raise, for police purposes 218 invalid, reassessment of , 117 irregular proceedings. Council may annul and begin anew 122 lien of 98,99,106 lien of state and county taxes 119 mortgagee redeeming lands from sale, may add amount to mortgage 127 no action shall be brought or maintained upon anv local assessment, except for side and cross- Ava'lks 119 partial payment of 128 presumed valid 116 roll, when delivered to Treasurer, presumptive evidence as to its regularity 118 validity of 116 Telegraph, telephone, and electric light wires and poles, maps of subways and conduits to l)e filed 295 power of city to regulate .sub. 7, sec. 17; sub.4, sec. 271 332 IXDEX TO ( HAI{Tr:R. T Section feiiiporary loans from banks of deposit 12 renif)urar}' loans, to i)ay judgments 178 Tenement houses, jDOwer of Health Commissioners over 238 Tunnels. control of sub. .> 271 power to establish and license 29 u Undertaking, release of, not to be given 27 Unsafe buildings, expense of removing a lien upon i)roperty 291 power of Department of rul)lic Works over. . . 290 V Vacancy in office, appointive, how filletl 483 elective, how filled 374 Fire Commissioners 245 Park Commissioners : 308 Police Commissioners 183 Public ^^'orks 271 School Examiners 332 Vacant lots, control over sul). 7 271 Vetoes, action and vote required to overrule 18 Vital statistics, control sub. 8 17 register of 235 Volunteer firemen, certificate to 204 exempt from jury and militia duty 264 Vote, required in Board of Aldermen and Board of Councilmen , ayes and nays, when to be taken in Board of Councilmen 10 bonds, to authorize the issue of, for the erection, etc., of school buildings (17 and 6) 329 buildings, to erect, etc., 'unanimous". . .sub. 5 17 contract,creating liability out of general fund (13 and 5) ^ 73 estimates, to alter or amend (17 and G) 70 estimates, to adopt as altered or amended, "majority, each Board" 70 INDEX TO CHARTER. 333 Section Vote, required in Board of Aldermen and Board of Councilmen, fines for violation of ordinances to remit (17 and 6) 27 lamp district, to extend without petition (19 and 7) . . . .• 412 mont-hly assessment roll to connect or revise (17 and 6) . . . 288 paving, grading, etc., streets, expense exceeding $500, to order under notice of intention (19 and 7) 398 resolution of determination to take lands (17 and 6) 419 reward, to authorize Mayor to offer (17 and 6) 13 sewer, expense exceeding $40,000, to direct as- sessment to be divided into five or more install- ments (17 and 6) 105 a to redeem lands from tax sale, "unanimous". . 120 to increase expenditures in any department upon .certificate from Mayor, Comptroller, and Treasurer (17 and 6) 73 to release from liability to the city (25 and 9) . . 27 to permit railroad tracks to be laid in streets (17 and 6) 28 veto, to overrule, if in first instance it required a majority vote to pass (17 and 6) 18 veto, to overrule, if in first instance it required two-thirds vote to pass (19 and 7) 18 work or improvement exceeding $500 (except paving, etc., streets on majority petition), to order after notice of intention (17 and 6) 407 w Wards, boundaries of 3 fence A^iewers in 367 ofiicers in 365 supervisors of, powers of 368 Ward officers, election of 365 power of 367,368 term of office of 365 vacancy, how filled 374 Warrants, cancellation of, when paid 61 334 INDEX TO CHARTER. Section Warrants, in payment of local work 105 inoiu^vs to be pixid upon solel}' 60 must be countersigned 60 must specify purpose for which it is drawn and fund out of which payable 60 payment of, before due 105 payment of, when city purchases at tax sale. . . 113 Treasurer, when to pay 62 Water connections, laying of and assessment roll.. 288 Waters, ])ubHc. control of city over 4U5 laying out of, etc 391 Water rates, fixing of 285 Waterworks, charge and control of 271 extension or alteration of, power of Commissioner of Public Works 297 no person shall construct any of the works with- out authority from Commissioner of Public Works .' 274 Weapons, concealed 209 Weekly payments of wages 273 Weight.-^ and measm'es, see Sealer of Weights and Measures. Wells and pmnps, custody of sub. 8 271 maintenance of 401 not to be ordered in a water district 401 Wharves, control of .sul). 5 271 Wires, telegraph, telei)hone, etc., placing under- grouncl sub. 7, sec. 17; .sul). 4 271 Witnesses, before Auditor 58 before committee 31 before Fire Commissioners 255 before Mayor 49 before Police Connnissioners 195 powerof oflicersor membersof boards to subpccna 502 Wrecks, see Harbor Master. Works or improvement, deficiency, a.sses.sment for 409 in excess of $500, how ordered 397,408 in excess of S500, how contracted for 408 THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form L-n *0ni-l,'