OF CALIFORNIA 
 S ANGELES

 
 'L^- 
 
 y^' 
 
 
 CHARTER 
 
 OF THE 
 
 City of Rochester 
 
 CHAPTER 755 OF THE LAWS OF 1907 
 
 Drafted By 
 BENJA-MIX B. CUNNINGHAM 
 
 Assistant Corporation' Counsel 
 
 UNDER THE SUPERViSION OF MAYOR JaMES G. 
 
 Cutler and corporation counsel W. W. Webb 
 
 1908
 
 ROCHESTER, N. T.: 
 JOHN P. SMITH PRINTING COMPANY 
 
 1907
 
 AS 
 
 TABLE OF CONTENTS 
 1 S i G . > 7 
 
 ARTICLE. ' < 
 
 "I. General Provisions I 
 
 II. Officers 29 
 
 III. Mayor 36 
 
 IV. Board of estimate and Apportionment 38 
 
 V. Common Council 42 
 
 VI. Department of Finance 65 
 
 VII. Department of Assessment and Taxation 80 
 
 VIII. Board of Contract and Supply 94 
 
 IX. Department of Public AA orks 101 
 
 X. Department of engineering 109 
 
 XI. Department of Parks 110 
 
 XII. Department of public Safety 112 
 
 XIII. Department of Charities 131 
 
 XIV. Department of Public Instruction 132 
 
 XV. Depart.ment of Law 145 
 
 XVI. Police Court 160 
 
 XVII. Municipal Court 166 
 
 XVIII. Mount Hope Commission 183 
 
 XIX. Market Commission 187 
 
 XX. Board of Midwife Examiners 188 
 
 XXI. Board of Examiners of Stationary Engineers 189 
 
 XXII. Municipal Civil Service Commission 190 
 
 XXIII. Supervisors 190 
 
 XXIV. Miscellaneous Provisions 190 
 
 21 
 
 Go /3
 
 CHARTER OF THE CITY OF ROCHESTER. 
 
 Chap. 755. 
 
 ' AjST act constituting the charter of the city of Rochester. 
 
 Became a law, July 26, 1907, with the approval of the Governor. Passed, 
 three-fifths being present. 
 
 Accepted by the city. 
 
 Tlie People of the State of New Yorh, represented in Senate and 
 Assembly, do enact as follows: 
 
 ARTICLE I. 
 
 Gbnekal Provisions. 
 
 Section. 1. Corporate capacity and name. 
 
 2. Corporate powers. 
 
 3. Boundaries and wards. 
 
 Section 1. Corporate capacity and name. — The citizens of the 
 state of New York from time to time inhabitants of the territory 
 known as the city of Rochester, are continued a municipal cor- 
 poration in perpetuity under the name of " The City of Rochester." 
 
 § 2. Corporate powers — The city has power to receive by gift, 
 grant, devise, bequest, purchase, or condemnation proceedings, 
 and to hold and convey such personal estate and such real estate 
 within or without the limits of the city as the purposes of the 
 corporation may require; to contract and be contracted with; to 
 sue and defend, and to be sued in any court; to make, have, use 
 and alter at pleasure a common seal; to have and exercise all 
 other rights and privileges conferred upon it by law or necessary 
 to carry out its corporate functions and duties.
 
 § 3. Boundaries and wards. — The city comprises the territory 
 included in the following wards, into which it is divided: 
 
 1. First ward All that part of the said city included within 
 
 a line beginning at a point in the center of the Genesee river at 
 its intersection with the center of the Erie canal ; thence westerly 
 along the said center of the Erie canal to the intersection with 
 the center of Allen street; thence easterly along the said center of 
 Allen street to the intersection with the center of State street; 
 thence southerly along the said center of State street to the inter- 
 section with the center of Andrews street extended westerly ; thence 
 easterly along the said center of Andrews street to the intersection 
 with the center of the Genesee river; thence southerly along the 
 said center of the Genesee river, to the place of beginning, con- 
 stitutes tbe first ward. 
 
 2. Second ward. — All that part of the said city included within 
 a line beginning at a point in the center of the Genesee river at 
 its intersection witb the center of Andrews street; thence west- 
 erly along the said center of Andrews street to the intersection 
 with the center of State street; thence northerly along the said 
 center of State street to the intersection with the center of Allen 
 street extended easterly; thence westerly along the said center of 
 Allen street to the intersection wdth the center of the Erie canal ; 
 thence northerly along the said center of the Erie canal to the 
 intersection with the center of Jay street; thence easterly along 
 the said center of Jay street and said center produced easterly, to 
 the intersection with the center of the Genesee river; thence 
 southerly along the said center of the Genesee river to the place 
 of beginning, constitutes the second ward. 
 
 3. Third ward. — All that part of the said city included within 
 a line beginning at a point in the center of the Genesee river at 
 its intersection with the center of the Erie canal; thence south- 
 erly along the said center of the Genesee river to a point where 
 it intersects the south line of the Strong tract; thence westerly 
 along the said south line of the Strong tract to the center of the 
 lands now owned and occupied by the Pennsylvania railroad com-
 
 8 
 
 panv, being the lands formerly used and occnpied by the Genesee 
 valley canal ; thence northerlv alono; the said center of the lands 
 of the Pennsylvania railroad company to the intersection with 
 the center of the Erie canal ; thence easterly along the said center 
 of the Erie canal to the place of beginning, constitutes the third 
 ward. 
 
 4. Fourth ward. — ^All that part of the said city included within 
 a line beginning at a point in the center of the Genesee river at 
 its intersection with the center of Main street east; thence east- 
 erly along the said center of ]\Iain street east to the intersectioD 
 with the center of East avenue extended westerly; thence south- 
 easterly along the said center of East avenue to the intersection 
 with the center of William street extended northerly; thence 
 southerly along the said center of "William street to the inter- 
 section with the center of Monroe avenue ; thence southeasterly 
 along the said center of Monroe avenue to the intersection with 
 Alexander street ; thence southerly along the said center of Alex- 
 ander street to an angle in said street at Cobb street; thence 
 southwesterly continuing in the said center of Alexander street to 
 the intersection with the center of the Erie canal; thence north- 
 erly along the said center of the Erie canal to a point where the 
 center line of Howell street extended westerly would intersect said 
 center of the Erie canal; thence westerly on said center line of 
 Howell street extended, to the intersection with the center of the 
 Genesee river ; thence northerh' along said center of the Genesee 
 river to the place of beginning, constitutes the fourth ward. 
 
 5. Fifth ward.— AH that part of the said city included within 
 a line beginning at a point in the center of the Genesee river at its 
 intersection with the center of Main street east; thence northerly 
 along the said center of the Genesee river to a point where the 
 center line of Avenue E extended westerly would intersect the said 
 center of the Genesee river ; thence easterly along the said extended 
 line and the said center of Avenue E to the intersection with the 
 center of an alley extended northerly, the center of said alley 
 being about one hundred and ninety-two feet easterly from the
 
 easterly line of St. Paul street ; thence southerly along said center 
 of said alley to the intersection with the center of Avenue D; 
 thence easterly along the said center of Avenue D to the inter- 
 section with the center of Harris avenue extended northerly ; thence 
 southerly along the said center of Harris avenue to the intersection 
 with the center of Clifford street; thence westerly along said center 
 of Clifford street to the intersection with the center of Durgin 
 street extended northerly; thence southerly along said center of 
 Durgin street to the intersection with the center of Evergreen 
 street; thence easterly along said center of Evergreen street to 
 the intersection with the center of Conkey avenue ; thence north- 
 erly along said center of Conkey avenue to the intersection with 
 the center of Clifford street ; thence easterly along said center of 
 Clifford street to the intersection with the center of Clinton 
 avenue north ; thence southerly along said center of Clinton avenue 
 north to the intersection with the center of Main street east ; 
 thence Avesterly a,long the said center of Main street east to the 
 place of beginning, constitutes the fifth ward. 
 
 6. Sixth ward — All that part of the said city included wathin 
 a line beginning at a point in the center of Main street east at its 
 intersection with the center of Is^^orth street extended southerly; 
 thence northerly along the said center of ISTorth street to the inter- 
 section with the center of University avenue extended westerly; 
 thence easterly along the said center of University avenue to the 
 intersection with the center of Main street east ; thence easterly 
 along the said center of Main street east to the intersection with 
 the center of the tracks of the main line of the New York Central 
 and Hudson River railroad company; thence southeasterly along 
 the center of said railroad company's tracks to the intersection 
 with the east line of the Culver road; thence southerly along the 
 said east line of the Culver road to the intersection with the center 
 of East avenue; thence westerly along the said center of East 
 avenue to the center of Main street east; thence westerly along 
 the said center of Main street east to the place of beginning, 
 constitutes the sixth ward.
 
 7. Seventh ward. — All that part of the said city included 
 within a line beginning at a point in the center of Main street east 
 at its intersection with the center of Clinton avenne north; thence 
 northerly along the said center of Clinton avenue north to a point 
 where the center of Xassau street extended westerly would inter- 
 sect the said center of Clinton avenue north ; thence easterly om 
 said extended line and the center of Nassau street to the inter- 
 section with the center of Joseph avenue ; thence northerly along 
 Baid center of Joseph avenue to the intersection with the center 
 of Baden street; thence easterly along said center of Baden street 
 to the intersection with the center of Hudson avenue; thence north- 
 erly along said center of Hudson avenue to the intersection with 
 the center of Wilson street; thence easterly along said center of 
 Wilson street to the intersection with the center of ISTorth street; 
 tlience southerly along said center of North street to the inter- 
 section with the center of Main street east; thence westerly along 
 said center of i\rain street east to the place of beginning, con- 
 stitutes the seventh ward. 
 
 8. Eighth ward.— All that part of the said city included within 
 a line beginning at a point in t^ie center of Clinton avenue north 
 where the center of Nassau street extended westerly would inter- 
 sect the said center of Clinton avenue north ; thence northerly 
 along said center of Clintoji avenue north to the intersection with 
 the center of Clifford street; thence easterly along said center of 
 Clifford street to the intersection with the center of Portland 
 avenue; thence southerly along said center of Portland avenue to 
 the intersection with the center of North street; thence northerly 
 along said center of North street to the intersection with the center 
 of Wilson street ; thence westerly along said center of Wilson 
 street to the intersection with the center of Hudson avenue ; thence 
 southerly along said center of Hudson avenue to the intersection of 
 Baden street; thence westerly along said center of .Baden street 
 to the intersection with the center of Joseph avenue; thence south- 
 erly along said center of Joseph avenue to the intersection: with 
 the center of Nassau street; thence westerly along said center of
 
 Nassau street and said center extended westerly to the place of 
 beginning, constitutes the eighth ward. 
 
 9. Ninth ward. — All that part of the said city included within 
 a line beginning at a point in the center of the Genesee river 
 where the center of Jay street extended northeasterly would inter- 
 sect the same; thence southwesterly along said extended center 
 of Jay street and along the said center of Jay street to the inter- 
 section with the center of the Erie Canal ; thence northwesterly 
 along the said center of the Erie jCanal to a point where the 
 southerly line of the lands of the state industrial school extended 
 westerly intersects the center of the Erie canal ; thence easterly 
 along the said extended southerly line and the southerly line of 
 the lands of the state industrial school to the southeasterly corner 
 of said school lands; thence northerly along the easterly line of said 
 school lands to a point where the center of Bloss street extended 
 westerly would intersect the said easterly line of said school lands ; 
 thence easterly along said extended center and center of Bloss 
 street to the intersection with the center of Fulton avenue ; thence 
 southeasterly along said center of Fulton avenue to the intersection 
 with the center of Lorimer street - thence northeasterly along said 
 center of Lorimer street and said center extended northeasterly to 
 the intersection with the center of the Genesee river ; thence south- 
 easterly along said center of the Genesee river to the place of 
 beginning, constitutes the ninth ward. 
 
 10. Tenth ward All that part of the said city included 
 
 within a line beginning at a point in the center of the Genesee river 
 where the center of Lorimer street extended northeasterly would in- 
 tersect the same; thence southwesterly along said extended center 
 of Lorimer street and along the said center of Lorimer street to the 
 intersection with the center of Fulton avenue; thence northwest- 
 erly along the said center of Fulton avenue to the intersection with 
 the center of Bloss street extended easterly ; thence westerly along 
 the said center of Bloss street and said center extended westerly 
 to the easterly line of the lands of the state industrial school; 
 thence southerly along the said easterly line of the lands of the
 
 state industrial school to the southeasterly corner of said 
 school lands; thence westerly along the southerly line of 
 said state industrial school lands and said line extended west- 
 erly to the intersection with the center of Sherman street; thence 
 southerly along the said center of Sherman street to the intersection 
 with the center of Otis street; thence westerly along said 
 center of Otis street and said center extended westerly 
 to the intersection with the easterly line of lot number seventy- 
 four of the town of Gates ; thence northerly along the easterly line 
 of lots numbers seventy-four and seventy-three, town of Gates, 
 and lots numbers seventy-two, seventy-one and part of seventy, 
 town of Greece, to a point twenty rods northerly of the center of the 
 highway formerly known as the Big Ridge road, now known as 
 Ridgeway avenue ; thence easterly on a line parallel with the 
 center of said Ridgeway avenue and twenty rods northerly there- 
 from measured at right angles and on said line extended east- 
 erly, to a point twelve hundred feet easterly from the easterly 
 line of Lake avenue ; thence northerly on a line parallel with Lake 
 avenue ten .hundred eleven feet to a point ; thence north thirty- 
 six degrees twenty-six minutes west eight hundred eighty-eight 
 feet to a point; thence north twelve degrees four minutes west, to 
 the center of a road leading to Hanford's landing; thence east- 
 erly along said center of the road leading to Hanford's landing to 
 a point fifty feet westerly from the top of the westerly high bank 
 of the Genesee river; thence northerly on a line parallel with the 
 said top of the westerly high bank of the Genesee river and fifty 
 feet distant westerly therefrom, to a point in the north line of lot 
 number forty-one of the town of Greece, said line being also the 
 north boundary line of the lands of William Merrill ; thence east- 
 erly along said north line of town lot number forty-one and said 
 line extended easterly to tbe intersection with the center of the 
 Genesee river; thence southerly along the said center of the Gene- 
 see river to the place of beginning, constitutes the tenth ward. 
 
 11. Eleventh ward.- — All ihnt part of the said city included 
 within a line beginning at a point in the center of Bronson avenue
 
 8 
 
 at the intersection with the center of the lands of the Pennsyl- 
 vania railroad company, being the lands formerly used and occu- 
 pied by the Genesee Valley canal; thence westerly along said 
 center of Bronson avenue to the intersection with the center of 
 Genesee street; thence northerly along said center of Genesee 
 street to the intersection with the center of Brown street; thence 
 northeasterly along said center of Brown street to a point where 
 the center of Saxton street extended southerly would intersect said 
 center of Brown street ; thence northerly along said extended line 
 of Saxton street and along said center of Saxton street to the in- 
 tersection w' ith the center of Jay street ; thence easterly and north- 
 easterly along said center of Jay street to the intersection with 
 the center of the Erie canal ; thence southeasterly along said center 
 of the Erie canal to a point at the intersection with the lands of 
 the Pennsylvania railroad company, being the lands formerly used 
 and occupied by the Genesee Valley canal, being where said 
 Genesee Valley canal formerly connected with said Erie canal; 
 thence southwesterly and southeasterly along said center of the 
 lands of the Pennsylvania railroad company to the place of be- 
 ginning, constitutes the eleventh ward. 
 
 12. Twelfth ward. — All that part of the said city included 
 within a line beginning at a point in the center of East 
 avenue where the intersection of the center of William street ex- 
 tended northerly would intersect the center of said East avenue; 
 thence southeasterly along the center of said East avenue to the 
 intersection with the easterly line of the Culver road; thence 
 southwesterly along the said easterly line of the Culver road to a 
 point two hundred fifty-two and four-tenths feet northeast- 
 erly from the northeasterly comer of said Culver road 
 and Park avenue; thence southeasterly along a line to a 
 point in the easterly line of Hawthorn street, formerly called 
 Leighton street, where the northerly line of lot number thirty-six, 
 town of Brighton, intersects the easterly line of said Hawthorn 
 street; thence easterly along said northerly line of said town lot 
 number thirty-six to a point in the northeasterly comer of said
 
 town lot number thirtj-six; tlience southwesterly along the east- 
 erly line of said town lot number thirty-six to the intersection with 
 the northern boundary line of the Erie canal lands ; thence westerly 
 along said northerly boundary line of the Erie canal lands to the 
 intersection with the easterly line of Culver road; thence south- 
 westerly along said easterly line of the Culver road to the inter- 
 section with the center of the said Erie canal; thence westerly 
 and northwesterly along said center of the Erie canal to the inter- 
 section with the center of Alexander street; thence easterly and 
 northeasterly along said center of Alexander street to the inter- 
 section with the center of Monroe avenue; thence northwesterly 
 along said center of Monroe avenue to the intersection with the 
 center of William street; thence northeasterly along said center 
 of William street to the place of beginning, constitutes the twelfth 
 ward. 
 
 13. Thirteenth ward. — All that part of the said city included 
 within a line beginning at a point in the center of the Genesee 
 river where the center of Howell street extended westerly would 
 intersect the said center of the Genesee river ; thence easterly along 
 said extended center of Howell street to the intersection with the 
 center of the Erie canal ; thence southeasterly along said center of 
 the Erie canal to the intersection with the center of South Good- 
 man street; thence southerly along said center of South Goodman 
 street to the intersection with the center of Caroline street ; thence 
 westerly along said center of Caroline street to the intersection 
 with the center . of South avenue; thence northerly along said 
 center of South avenue to the intersection with the center of 
 Averill avenue; thence westerly along said center of Averill avenue 
 and said center extended westerly to the intersection with the 
 center of the Genesee river; thence northerly along said center of 
 the Genesee river to the place of beginning, constitutes the thir- 
 teenth ward. 
 
 14. Fourteenth ward — All that part of the said city included 
 within a line beginning at a point in the center of the Genesee 
 river where the center of Averill avenue extended westerly would
 
 10 
 
 intersect the said center of the Genesee river; thence easterly along 
 said extended center and along the said center of Averill avenue 
 to the intersection with the center of Sonth avenne ; thence south- 
 erly along said center of South avenue to the intersection with the 
 center of Caroline street; thence easterly along said center of 
 Caroline street to the intersection with the center of South Good- 
 man street ; thence northerly along said center of South Goodman 
 street to the intersection with the center of the Erie canal ; thence 
 easterly along said center of the Erie canal to the intersection 
 with the east line of the Culver road; thence southerly along said 
 east line of the Culver road and said east line produced southerly 
 to the north line of lot number thirty-seven of the town of Brigh- 
 ton; thence westerly along the north line of lots numbers thirty- 
 seven, forty-five and fifty-three of the said town of Brighton, to a 
 point in the north line of said lot number fifty-three, two hundred 
 and ninety feet easterly from the northeast corner of lot number 
 sixty-one in said town of Brighton ; thence southerly on a line 
 parallel with the east line of said lot number sixty-one to the 
 northerly line of a highway known as Elmwood avenue ; thence 
 westerly along the northerly line of said Elmwood avenue about 
 three hundred feet to the division line between said town lots 
 numbers fifty-three and sixty-one; thence southerly along said 
 division line between town lots fifty-three and sixty-one and along 
 the division line between town lots numbers fifty-four and sixty- 
 two of said town of Brighton, through laud owned by the county 
 of Monroe and along the easterly line of land formerly o\vned by 
 Reuben i^. Booth and now owned by the state of Xew York, aboiil 
 three thousand one hundred and twenty feet to land now or 
 formerly owned by Iliram Smith ; thence westerly along ihe 
 division line between the lauds owned by the said state of Kew 
 York, formerly owned by said Booth, and land of said Smith, and 
 along said line prolonged westerly, about two thousand three 
 hundred feet to the westerly line of the highway known as South 
 avenue; thence northerly along said westerly line of South avenue 
 about six hundred and ninety feet to an angle in said highway;
 
 11 
 
 thence continuing northerly along said westerly line of South 
 avenue about two thousand two hundred and ninety-five feet to 
 the northerly line of a highway knoMii as Elmwood avenue ; thence 
 westerly along said northerly line of said Elmwood avenue to the 
 intersection with the westerly line of the lands owned by the New 
 York, Lake Erie and Western railroad company ; thence southerly 
 along the said westerly line of said lands owned by said railroad 
 company to the intersection with the center of a highway known 
 as the Westfall road; thence westerly along said center of the 
 Westfall road to a point in the cefiter of the said Westfall road, 
 where the said road makes an angle to the north ; thence south- 
 westerly in a straight line twenty-four hundred feet through lands 
 of Josiah Anstice, formerly known as the Harmon farm, and the 
 Baker farm, to a point at a stone monument where the east shore 
 of the Genesee river intersects the west line of the Wolcott road, 
 so called; thence northeasterly along said east shore of the Genesee 
 . river about eight hundred and fifty feet to a point where the 
 northerly line of' a road running between the lands of E. Chapin 
 and Mathias Kondolf lying on the west side of the Genesee river, 
 extended westerly would intersect said east shore of the said 
 Genesee river ; thence westerly along said Extended northerly line 
 of said road to the intersection with the center of the Genesee 
 river ; thence northerly along said center of the Genesee river to 
 the place of beginning, constitutes the fourteenth ward. 
 
 15. Fifteenth ward — All that part of the said city included 
 within a line beginning at a point in the center of the Erie canal 
 at the intersection with the center of Jay street; thence south- 
 westerly and westerly along said center of Jay street to the inter- 
 section with the easterly line of lot number seventy-five, town of 
 Gates; thence northerly along the easterly line of lots numbere 
 seventy-five and seventy-four of said town of Gates to a point 
 where the center of Otis street extended westerly would intersect 
 the said easterly line of said lot number seventy-four, town of 
 Gates; thence easterly on said extended center and the center of 
 said Otis street to the intersection with the center of Sherman
 
 12 
 
 street; thence northerly along said center of Sherman street to a 
 point where the southerly line of the lands of the state industrial 
 school extended westerly would intersect the said center of Sherman 
 street; thence easterly along said extended southerly line of the 
 lands of said school to the intersection with the center of the 
 Erie canal ; thence southeasterly along said center of said Erie 
 canal to the place of beginning, constitutes the fifteenth ward. 
 
 16. Sixteenth ward. — All that part of the said city included 
 within a line beginning at a pomt in the center of ISTorth street at 
 its intersection with the center of University avenue extended 
 westerly; thence northerly along said center of N'orth street to 
 the intersection with the center of Portland avenue ; thence north- 
 erly along said center of Portland avenue to the intersection with 
 the center of Bay street ; thence easterly along said center of Bay 
 street to the intersection with the center of Hebard street ; thence 
 southerly along said center of Hebard street to the intersection 
 with the center of the tracks of the main line of the ISTew York 
 Central and Hudson Piver railroad company ; thence southeasterly 
 along said center of said railroad company's tracks to the inter- 
 section with the center of Main street east ; thence southwesterly 
 along said center of Main street east to the intersection with the 
 center of University avenue; thence northwesterly along said 
 center of University avenue to the place of beginning, constitutes 
 the sixteenth ward. 
 
 17. Seventeenth ward. — All that part of the said city included 
 within a line beginning at a point in the center of the Genesee 
 river where the center line of Avenue E extended westerly would 
 intersect the said center of the Genesee river; thence northerly 
 along the said center of the Genesee river to a point where the 
 north line of lot forty-one of the town of Greece, said line being 
 also the north boundary line of the lands of William Merrill, ex- 
 tended easterly would intersect the said center of the Genesee 
 river; thence easterly on said extended north line of the lands of 
 said William "Merrill to the east shore of the Genesee river; thence 
 northerly along the said east shore of the Genesee river following
 
 13 
 
 its various courses to the intersection with the north line of lot 
 number fourteen in the town of Irondequoit ; thence easterly along 
 the said north line of lot fourteen to the- intersection with the east 
 line of the lands owned by the Rome, Watertown and Ogdensburg 
 railroad company ; thence southerly along the said east line of the 
 lands of Eome, Watertown and Ogdensburg railroad company to 
 the intersection wuth the center of the Ridge road ; thence westerly 
 along the said center of the Ridge road to a point, said point being 
 in the center of the Ridge road and eight chains and seventy links 
 distant easterly from the top of the east high bank of the Genesee 
 river ; thence south fifteen minutes east along a line to the inter- 
 section with the north line of ISTorton street ; thence easterly along 
 said north line of ISTorton street to the intersection with the center 
 of Hudson avenue ; thence southerly along said center of Hudson 
 avenue to the intersection with the center of Clifford street ; thence 
 westerly along said center of Clifford street to the intersection with 
 the center of Conkey avenue; thence southerly along said center 
 of Conkey avenue to the intersection with the center of Evergreen 
 street ; thence westerly along said center of Evergreen street to the 
 intersection with the center of Durgin street ; thence northerly 
 along said center of Durgin street to the intersection with the 
 center of Clifford street; thence easterly along said center of 
 Clifford street to the intersection with the center of Harris street ; 
 thence northerly along said center of Harris street to the inter- 
 section with the center of Avenue D; thence westerly along said 
 center of Avenue D to the intersection with the center of an alley, 
 said center of the alley being about one hundred and ninety-two 
 feet easterly from the easterly line of Saint Paul street; thencs 
 northerly along the said center of said alley to the intersection with 
 the center of Avenue E ; thence westerly along said center of 
 Avenue E and said center extended to the place of beginning, con- 
 stitutes the seventeenth w^ard. 
 
 18. Eighteenth ward. — All that part of the said city included 
 within a line beginning at a point in the center of Portland avenue 
 at its intersection with the center of Clifford street; thence easterly
 
 along said center of CliiTord street to the intersection of the south- 
 erly line of the highway called Waring road extended southeasterly 
 to meet the easterly line of the Culver road; thence southeasterly 
 along said southerly line of said Waring road to the intersection 
 with the easterly line of the Culver road ; thence southwest- 
 erly along the easterly line of the Culver road to the intersection 
 with the center of the tracks of the main line of the New York 
 Central and Hudson river railroad company; thence northwest- 
 erly along the center of said railroad company's tracks to the in- 
 tersection with the center of Ilebard sti-eet; thence northerly along 
 said center of Hebard street to the intersection with the center 
 of Bay street; thence westerly along said center of Bay street t") 
 the intersection with the center of Portland avenue; thence 
 northerly along said center of Portland avenue to the place of 
 beginning, constitutes the eighteenth ward. 
 
 19. Nineteenth ward — All that part of the said city included 
 within a line beginning at a point in the center of Bronson iavenu3 
 at the intersection with the lands of the Pennsylvania railroad 
 company, being the lands formerly used and occupied by the 
 Genesee Valley canal; thence southeasterly along said center of 
 the lands of the Pennaylvania railroad company to a point at the 
 intersection with the south line of the Strong tract; thence south- 
 easterly along the south line of the Strong tract and said south 
 line extended to the intersection with the center of the Genesee 
 river; thence southwesterly, westerly, and southerly along said 
 center of the Genesee river to a point where the northerly line of 
 a road running between the lands of E. Chapin and Mathias 
 Kondolf lying on the west side of the Genesee river, extended 
 westerly, would intersect the said center of the Genesee river; 
 thence westerly along said extended northerly line and said north- 
 erly line of said road to the intersection with the easterly line 
 of the lands of the Pennsylvania railroad company, being the 
 lands formerly used and occupied by the Genesee Valley canal; 
 thence northeasterly along said easterly line of said lands of tho 
 Pennsylvania railroad company to a point where the center of
 
 16 ' ^ 
 
 Genesee street extended southerly would intersect the said easterly 
 line of the lands of the Pennsylvania railroad company; thence 
 northeasterly along said extended center of Genesee street, being 
 tlie center line of a highway which is a continuation of Genesee 
 street, to the intersection with the division line, being the southerly 
 boundary line of the former town of Gates and the northerly 
 boundary line of the town of Chili ; thence westerly along said 
 division line between the former town of Gates and the town of 
 Chili to a point two hundred feet westerly of the west line of a 
 highway known as the Thurston road ; thence northerly on a lino 
 parallel with the west line of said Thurston road'and two hundred 
 feet westerly therefrom to the intersection with the northerly line 
 of Brooks avenue, thence easterly along the northerly line of said 
 Brooks avenue to a point where the east line of lot number on 3 
 hundred and sixty-eight of the twenty thousand acre tract, town of 
 Gates, extended southerly through lots numbers ten, twenty-two 
 and thirty-four of the four thousand acre tract of said town of 
 Gates, intersects the northerly line of said Brooks avenue; thenc3 
 northerly along said extended east line of said lot number one 
 hundred and sixty-eight to a point thirty feet southerly at right 
 angles from the south line of said lot number twenty-two of the 
 four thousand acre tract; thence westerly along a line parallel 
 with the said south line of said lot number twenty-two and thirty 
 feet southerly therefrom at right angles to the intersection with 
 the east line of said Thurston road ; thence northerly along the 
 said east line of the Thurston road to the intersection with the 
 north line of said lot number twenty-two of said four thousand 
 acre tract; thence easterly along said north line of lot numbej 
 twenty-two to a point where the aforesaid east line of said lot 
 number one hundred and sixty-eight extended southerly would 
 intersect the said north line of said lot number twenty-two; thence 
 northerly along said extended east line of said lot number one hun- 
 dred and sixty-eight and along said east line of said lot ono 
 hundred and sixty-eight to the intersection wath the center of 
 Chili avenue; thence northeasterly along said center of Chili
 
 16 
 
 avcnno to tlio intersection with the center of West avenue ; thence 
 westerly along said center of West avenue to the intersection of the 
 center of Genesee street extended northerly; thence southerly 
 along said center of Genesee street to the intersection with the 
 center of Bronson avenue; thence easterly along said center of 
 Bronson avenue to the place of beginning, constitutes the nine- 
 teenth ward. 
 
 20. Twentieth ward. — All that part of the said city included 
 within a line beginning at a point in the center of West avenue 
 where the center of Genesee street extended northerly would inter- 
 sect the said center of West avenue; thence westerly along said 
 center of West avenue to the intersection mth the center of Chili 
 avenue; thence southwesterly along said center of Chili avenue 
 to the intersection with the east line of lot number one hundred 
 and sixty-eight of the twenty thousand acre tract, town of Gates ; 
 thence northerly along said east line of lot number one hundred 
 and sixty-eight to a point twelve feet southerly, measured at right 
 angles, from the northerly line of a highway known as Chili road ; 
 thence southwesterly along a line parallel to said northerly line of 
 the Chili road and twelve feet distant southerly therefrom, to a 
 point in the westerly line of Gardiner avenue extended southerly; 
 thence northerly along said extended line and the westerly line 
 of Gardiner avenue to a point sixty feet northerly from the 
 northerly line of said Chili road ; thence westerly along a line 
 at right angles with said Gardiner avenue seventy-five feet; thence 
 southerly along a line parallel with said Gardiner avenue to a 
 point twelve feet southerly, measured at right angles, from the 
 northerly line of said Chili road ; thence southwesterly along 
 a line parallel with said northerly line of the Chili road and twelve 
 feet distant southerly therefrom, to a point where a line twelve 
 feet westerly of the easterly line of Lincoln avenue extended 
 southerly would intersect the same; thence northerly along said 
 extended line and a line parallel to and twelve feet westerly 
 measured at right angles from the said easterly line of Lincoln 
 avenue, to a point where a line twelve feet northerly of the south-
 
 17 
 
 eriy line of a highway called the Buffalo road, extended westerly 
 wonld intersect the same; thence easterly along said extended line 
 and a line parallel with and twelve feet northerly measnred at 
 right angles from the southerly line of said Buffalo road, to the 
 east line of lot numher one hundred and sixty-eight of the town 
 of Gates; thence northerly along the east line of lots one hundred 
 and sixty-eight, seventy-six and seventy-five of the said town of 
 Gates, to the intersection with the center of Jay street; thence 
 easterly along the said center of Jay street to the intersection 
 with the center of Saxton street; thence southerly along said 
 center of Saxton street and said center extended southerly to the 
 intersection with the center of Brown street ; thence southwesterly 
 along said center of Brown street to the place of heginning, con- 
 stitutes the twentieth ward. 
 
 21. Twenty-first ward. — All that part of the said city included 
 within a line heginning at a point in the southeast comer of the 
 Culver road and Atlantic avenue, formerly known as University 
 avenue, said point heing in the northwesterly corner of the foTTner 
 village of Brighton, now in the city of Rochef?ter; thence south- 
 easterly along a line, heing the northerly boundary line of the 
 said former village of Brighton about seven thousand and fifty 
 feet to a point in the easterly line of lot numher nineteen, town 
 of Brighton, heing also in the northeasterly comer of the said 
 former village of Brighton ; thence southwesterly along the easterly 
 line of lots numbers nineteen and twenty, town of Brighton, 
 being also the easterly line of the former village of Brighton, 
 about three thousand nine hundred and sixty feet to a point in the 
 southeasterly comer of said former village of Brighton ; thence 
 northwesterly along a line, being the southerly line of said former 
 village of Brighton, to its intersection with the easterly line of 
 lot number thirty-six, town of Brighton; thence southerly along 
 said easterly line of said toA\Ti lot number thirty-six to a point 
 about four hundred feet northerly from the northerly line of a 
 highway known as Highland avenue, and where the southerly line 
 Chap. 755 2
 
 18 
 
 of tlie \i\mh of the proposed Rochester city ivsorvoir, produced 
 easterly, would meet the same; thence westerly along said line 
 produced and along said southerly line ahout eight hundred feet 
 to a stone monument, said monument heing fifty feet easterly, 
 measured at right angles, from the divisiou line between the lands 
 formerly owned by Edna C. Cobb and lands of Lillian C. Davis; 
 thence southerly on a line parallel to said division line and fifty 
 feet easterly, measured at right angles therefrom, ahout two 
 hundred and ninety feet to a stone monument in the northerly 
 line of said Highland avenue; thence southerly at right angles 
 to said Highland avenue forty-nine and one-half feet to a point 
 in the southerly line of said Highland avenue; thence westerly 
 along the said southerly line of Highland avenue and said line 
 extended westerly to its intersection with the southwesterly line 
 of Monroe avenue; thence northwesterly on said southwesterly 
 line of Monroe avenue to tbe lands of the Rochester orphan asylum : 
 thence southwesterly along the division line between said lands of 
 said orphan asylum and lands of Ellwanger and Barry to the 
 intersection with the east line of the Culver road extended 
 southerly to the north line of lot number thirty-seven, town of 
 Brighton; thence southwesterly along said extended east line of 
 the Culver road to the said north line of said town lot number 
 thirty-seven ; thence westerly along the said north line of said town 
 lot number thirty-seven to the lands of the said Rochester orphan 
 asylum ; thence southwesterly along the division line between the 
 lands of said orphan asylum and the lands of Ellwanger and Barry 
 to a point which is eight hundred and forty and two-tenths feet 
 from the center of Monroe avenue measured on said division line ; 
 thence southeasterly along the division line between said lands 
 of said orphan asylum and lands of Ellwanger and 
 Barry, four hundred four and fifty-nine one-hundredths feet to 
 the northerly line of Highland avenue; thence southwesterly 
 along the said northerly line of Highland avenue eight hun- 
 dred ninety-four and five-tenths feet to a stone monument ; thence
 
 19 
 
 northwesterly along the division line between lands of the said 
 Rochester orphan asylum and the lands now or formerly owned 
 by James D. Cobb, one hundred ninety-nine and seventy-seven 
 one-luindredths feet to a stone monument; thence westerly along 
 the division line between said Cobb lands and lands of the said 
 Rochester orphan asylum, five hundred seventeen and eight-tenths 
 feet to a stone monument; thence northeasterly along the division 
 line betw^een lands conveyed by Laura B. Adams to Willard 
 Hodges by deed recorded in liber three hundred and thirteen of 
 deeds at page three hundred and fifty-nine, Monroe county clerk's 
 office, and of the said Rochester orphan asylum, three hundred 
 fifty-nine and seven-tenths feet to a stone monument ; thence 
 easterly along the northerly line of said lands of the Rochester 
 orphan asylum four hundred seventeen feet to the intersection of 
 said last mentioned line with the center of Adelaide street ex- 
 tended southerly; thence northeasterly along said line of the center 
 of Adelaide street extended southerly to its intersection with the 
 north line of lot number forty-five of the town of Brighton ; thence 
 easterly along the north line of lots numbers forty-five and thirty- 
 seven of the said town of Brighton to a point where the easterly 
 line of the Culver road extended southerly would meet the said 
 northerly line of lots numbers forty-five and thirty-seven ; thence 
 northerly along the said easterly line of the Culver road extended 
 southerly and the said easterly line of the Culver road to the 
 intersection with the northerly line of the Erie canal lands ; thence 
 easterly along the said northerly line of said Erie canal lands 
 to the easterly line of lot number thirty-six of the town of Brigh- 
 ton ; thence northerly along said easterly line of said town lot num- 
 ber thirty-six to the northeast corner of said town lot number 
 thirty-six ; thence westerly along the northerly line of said town lot 
 number thirty-six to a point where the said line intersects the 
 easterly line of Hawthorn street, formerly Leighton street; thence 
 northwesterly along a line to the intersection with the easterly 
 line of the Culver road at a point two hundred fifty-two and 
 four-tenths feet northerly of where the northerly line of Park
 
 20 I 
 
 avenue intersects the said easterly lino of the said Culver road; 
 thence northerly along the said easterly line of the said Culver 
 road to the place of beginning, constitutes the twenty-first ward. 
 22. Twenty-second ward. — All that part of the said city in- 
 cluded within a line beginning at a point in the center of Clifford 
 street at its intersection with the center of Hudson avenue ; thence 
 northerly along said center of Hudson avenue to the intersection 
 with the north line of IsTorton street; thence easterly along said 
 north line of jSTorton street to a point thirty-three feet westerly 
 from the center line of the Woodman road, so called, said Wood- 
 man road being upon the division line between lots numbers 
 forty-one and forty-three of the town of Irondequoit ; thence north- 
 erly and northeasterly along a line parallel to said center line of 
 said Woodman road and thirty-three feet westerly therefrom to a 
 point thirty-three feet southerly from the center line of a road 
 running westerly to the junction with the Hoffman road, so called, 
 and the Wisner road, so called; thence northwesterly along a line 
 parallel to said center line of said road and thirty-three feet south- 
 erly therefrom to a point thirty-three feet westerly from the center 
 line of said Wisner road; thence northeasterly and northwesterly 
 along a line parallel to said center line of the Wisner road and 
 thirty-three feet westerly therefrom to a point in the south line of 
 lot number eight of the lake tract in the town of Irondequoit, said 
 line being also the southerly line of the lands Joseph Bucker and 
 wife conveyed to Henry S. Durand by an agreement recorded in 
 Monroe county clerk's office in liber seven hundred and forty-five 
 of deeds at page seven; thence westerly along said south line of 
 said lot number eight and being along the southerly line of said 
 land of Henry S. Durand by said agreement, to a point in the 
 southwest corner of said Henry S. Durand's land; thence north- 
 easterly along the westerly line of said Henry S. Durand's land 
 to a point in the southerly line of lot number seven of the said 
 lake tract, being also in the southerly line of four acres of land 
 conveyed to Henry S. Durand by deed from Adam Wiesner and 
 wife recorded in Monroe county clerk's office in liber six hundred
 
 21 
 
 and six of deeds at page four hundred and forty-nine; thence 
 westerly along the said southerly line of said Henry S. Durand's 
 land to a point in the southwest corner thereof; thence northerly 
 along the westerly line of said Henry S. Durand's land to a point 
 in the southerly line of fourteen and fifty-five hundredths acres of 
 land conveyed to said Henry S. Durand by deed from J. P. La- 
 cour and others and recorded in Monroe county clerk's office in 
 liber six hundred and ninety-four of deeds at page twenty-eight ; 
 thence westerly along the said southerly line of Henry S. Durand's 
 land to a point in the southwest corner thereof, said point being 
 also in the westerly line of said lot number seven of the lake tract ; 
 thence northerly along said westerly line of said lot number seven 
 to a point in the southeasterly corner of lot number eleven of the 
 town of Irondequoit, said point being also the southeasterly corner 
 of land formerly o^\^led by Thomas Delapp and conveyed to 
 George Eastman by deed from Xelson P. Sanford recorded in 
 Monroe county clerk's office in liber seven hundred and fifty-four 
 of deeds at page two hundred and fifty-eight; thence westerly 
 along the southerly line of land deeded to said George Eastman, 
 being also the division line between lots numbers eleven and 
 twenty-one of the town of Irondequoit, to a point at a stake in 
 the northwest corner of said lot number twenty-one ; thence along 
 said George Eastman's land south fifty-one degrees west, six 
 chains to a stake; thence along said Eastman's land north nine 
 degrees forty-five minutes west, to a point in the north line of lot 
 number twenty, town of Irondequoit, distant five chains and 
 seventy-eight links westerly from the northeast corner of said lot 
 number twenty; thence westerly along the southerly line of said 
 George Eastman's land to a point in the southwest corner of said 
 land, said point being in the southwest corner of said lot number 
 eleven ; thence northerly along the westerly line of said George 
 Eastman's land and the westerly line of land conveyed to Henry 
 S. Durand by Dominick Barrett by deed recorded in Monroe 
 county clerk's office in liber six hundred and eight of deeds at page 
 four hundred and eighty-eight, to a point in the southeasterly line
 
 22 
 
 of a highway running northerly; thence northerly an<l northeast- 
 erly along the easterly and southerly line of said highway follow- 
 ing the hnundaries of said land deeded to said Henry S. Durand, 
 to a point where the westerly line of the land formerly owned by 
 Michael Larkin, senior, and conveyed by deed from Nelson P. San- 
 ford to George Eastman and recorded in Monroe county clerk's 
 office in liber seven hundred and forty of deeds at page twenty-nine, 
 produced southerly would meet the same ; thence northwesterly 
 along the westerly line of said George Eastman's land to the north- 
 westerly comer thereof ; thence easterly along the northerly line of 
 said George Eastman's land to a point, said point being the west- 
 erly line of land formerly owned by Ludwig Mengel and wife and 
 conveyed by deed from Nelson P. Sanford to said George Eastman 
 and recorded in Monroe county clerk's office in liber seven hun- 
 dred and thirty-fouK of deeds at page two hundred sixty ; thence 
 northerly along said westerly line of the land of said George East- 
 man to the high water mark on the southerly shore of Lake On- 
 tario ; thence easterly along the said high water mark on the south- 
 erly shore of Lake Ontario to a point where the easterly line of 
 the land conveyed by Adam Wiesner and wife to Llenry S. Durand 
 by deed recorded in Monroe county clerk's office in liber six hun- 
 dred six of deeds at page four hundred and forty-nine, extended 
 northerly, would meet the same; thence southerly along said ex- 
 tended line and the said easterly line of the land of Henry S. 
 Durand and the easterly line of land formerly owned by Charles 
 S. Baker and conveyed by deed from Nelson P. Sanford to George 
 Eastman recorded in Monroe county clerk's office in liber seven 
 hundred forty of deeds ai pa^c lifirty, to a point in the north line 
 of lot number seven of the lake tract, said north line leing also 
 the north line of the east part of said George Eastman's land; 
 thence easterly along ?&id north line of said George Eastman's 
 land to a point in the westerly line of Woodman road, so called; 
 thence southerly along the said westerly line of said Woodman 
 road, follov.ing the boundaries of the said land deeded to said 
 George Eastman, to a point in the south line of said George East-
 
 23 
 
 man's land; thence westerly along the south line of said George 
 Eastman's land to a point in the easterly line of land Joseph Bucker 
 and wife conveyed to Henry S. Diirand by an agreement recorded 
 in Monroe county clerk's office in liber seven hundred forty-five 
 of deeds at page seven; thence southerly along said easterly line of 
 Siiid Henry S. Durand's land to a point in the southeasterly corner 
 thereof, said point being also in the south line of lot number eight 
 of the lake tract; thence westerly along the southerly line of said 
 lands of said Henry S. Durand, being also the south line of said 
 lot number eight, to a point thirty-three feet easterly measured 
 at right angles from the center of the Wisner road, so called; 
 thence southeasterly and southwesterly along a line parallel to 
 said center line and thirty-three feet easterly therefrom to a point 
 thirty-three feet northerly from the center line of a road running 
 easterly at the junction with the Hoffman road, so called , 
 thence southeasterly along a line parallel to siAd center line and 
 thirty-three feet northerly therefrom, to a point thirty-three feet 
 easterly from the center line of the Woodman road, so called ; 
 thence southwesterly and southerly along a line parallel to said 
 center line and thirty-three feet easterly therefrom, to a point in 
 the southerly line of Norton street; thence westerly along said 
 southerly line of said I^orton street, ±o a point at a distance 
 of two hundred feet easterly from the east line of lot 
 number forty-eight, formerly in the town of Irondequoit, 
 now in the city of Rochester; thence southerly along 
 a line parallel with the said east line of said lot number 
 forty-eight and at a distance of two hundred feet easterly there- 
 from, to a point in the southerly line of the highway called War- 
 ing road ; thence southeasterly along the said southerly line of 
 said Waring road to a point in the northerly line of land conveyed 
 to the city of Rochester by deed from Catherine V. Ayres and 
 recorded in Monroe county clerk's office in liber six hundred and 
 sixty-two of deeds at page three hundred and sixteen ; thence east- 
 erly along said line across the said Waring road and continuing 
 easterly on said line between said lands now of the city of Roch-
 
 24 
 
 ester and of Joseph Costich, junior, on the south and the land of 
 Rudolf and John Schneeberger on the north of said line, to a 
 point in tlie northerly line of the right of way of the east side 
 trunk sewer overflow through Densmore creek, as shown on a map 
 on file in the city engineer's office; thence northeasterly along the 
 northerly line of said right of way following its several courses 
 across the land of said Rudolf and John Schneeberger to a point 
 in the division line between the lands of said Schneeberger and of 
 Christopher J. Loos, junior; thence northerly along said division 
 line between said lands, to a point in the division line between the 
 lands of said Christopher J. Loos, junior, and of Joseph Costich; 
 thence easterly along said division line between said lands of said 
 Loos and Costich to a point in the aforesaid northerly line of right 
 of way; thence northeasterly along said right of way, following 
 its several courses, across the land of said Joseph Costich, junior, 
 to a point in the west line of the Forest House road, so called; 
 thence easterly across the said Forest House road to a point in the 
 east line thereof where the northerly line of the said right of way 
 of the east side trunk sewer overflow across the land of Sepherine 
 Costich meets the same ; thence northeasterly along said northerly 
 line of said right of way, following its several courses, across the 
 land of said Sepherine Costich, to a point in the division line be- 
 tween the lands of said Sepherine Costich and of Gilbert Costich; 
 thence westerly along said division line between said lands of 
 said Sepherine Costich and Gilbert Costich to a point where the 
 northerly line of said right of way of said east side trunk sewer 
 overflow across the lands of said Gilbert Costich pursuant to an 
 easement given by said Gilbert Costich and wife to the city of 
 Rochester and recorded in Monroe county clerk's office in liber 
 six hundred and seventy-six of deeds at page twenty-one, 
 meets the same; thence northeasterly along sarid northerly line of 
 said right of way, following its several courses, across the land of 
 said Gilbert Costich to a point in the division line between the 
 lands of said Gilbert Costich and of Lewis Herman ; thence south- 
 erly along said division line between the said lands of Costich and
 
 25 
 
 Herman, to a point where the said northerly line of the said right 
 of way across the lands of said Lewis Herman meets the same ; 
 thence easterly and northerly along said northerly line of right of 
 way, following its several courses, across the lands of said Lewis 
 Herman, to a point in the southerly line of l^orton street, so 
 called ; thence northerly across said ISTorton street to a point in the 
 northerly line thereof where the said northerly line of said right 
 of way across the lands of Richard Costich meets the same ; thence 
 northerly and easterly along said northerly line of right of way, 
 following its several courses, across tlie land of said Richard Cos- 
 tich to a point in the division line between the land of said Rich- 
 ard Costich and Henry Livingston ; thence easterly along said 
 northerly line of right of way across the land of said Henry Liv- 
 ingston to a point in the division line between the lands of said 
 Henry Livingston and John L. Koehler; thence northerly along 
 said division line between the lands of said Henry Livingston and 
 said John L. Koehler, to a point where the northerly line of said 
 right of way across the land of said John L. Koehler would meet 
 the same; thence easterly along said northerly line of right of way, 
 following its several courses, across the land of said John L. Koeh- 
 ler to the westerly line of a road running northerly between the 
 lands of said John L. Koehler and William H. Perrin ; thence 
 southerly along said westerly line of said road to a point where 
 the northerly line of said right of way across the lands of William 
 H. Perrin extended westerly across said road meets the same ; 
 thence easterly along said extended line and the said northerly line 
 of said right of way, following its several courses, across the land 
 of said William H. Perrin to a point in the division line between 
 the land of said William H. Perrin and Frank H. Erbland ; thence 
 northerly along said division line between the lands of said Wil- 
 liam H. Perrin and said Frank H. Erbland to a point where the 
 said northerly lino of said right of way across the lands of said 
 Frank H. Erbland meets the same; thence easterly and northerly 
 along said northerly line of said right of way, following its several 
 courses, across the land of said Frank H. Erbland to a point in the
 
 26 
 
 division line between the lands of said Frank H. Erbland and 
 George A. Meisenzahl; thence northerly and easterly along said 
 northerly and westerly line of right of way, following its several 
 courses, across the land of said George A. Meisenzahl, to a point 
 in the division line between the lands of said George A. Meisen- 
 zahl and Josepha Zwerger ; thence northerly and easterly along said 
 right of way, following its several courses, across the land of said 
 Josepha Zwerger to a point in the division line between the landa 
 of said Josepha Zwerger and J. Sebastian Zwerger ; thence easterly 
 along said northerly line of right of way, following its several 
 courses, across the land of said J. Sebastian Zwerger, to a point in 
 the division line between the lands of said J. Sebastian Zwerger 
 and Emil Dozier; thence easterly along said northerly line of 
 right of way, following its several courses, across the land of 
 said Emil Dozier, to a point in the division line between the 
 lands of said Emil Dozier and Caroline Griebel ; thence easterly 
 along said northerly line of right of way, following its several 
 courses, across the lands of said Caroline Griebel, to a point on 
 the westerly shore of Trondequoit bay; thence southerly along the 
 westerly shore of Irondequoit bay to a point where the southerly 
 line of said right of way of the east side trunk sewer through 
 Densmore creek meets the same ; thence westerly along said south- 
 erly line of right of way, following its several courses, across the 
 land of said Caroline Griebel, to a point in the division line be- 
 tween the lands of said Caroline Griebel and J. Sebastian 
 Zwerger; thence westerly along said right of way, fol- 
 lowing its several courses, across the land of said J. 
 Sebastian Zwerger, to a point in the division line be- 
 tween the lands of said J. Sebastian Zwerger and Josepha 
 Zwerger; thence westerly and southerly along said southerly 
 line of right of way, following its several courses, across the land 
 of said Josepha Zwerger to a point in the division line between 
 the lands of said Joseph^ Zwergor and George A. Meisenzahl; 
 thence southerly and westerly along said southerly and easterly line 
 
 * So in original.
 
 27 
 
 of right of way, following its several courses, across the land of said 
 George A. Meisenzahl to a point in the division line between the 
 lands of said George A. Meisenzahl and Frank H. Erbland; 
 thence southerly and westerly along said southerly line of right of 
 way, following its several courses, across the land of said Frank 
 H. Erbland to a point in the division line between the lands of 
 said Frank H. Erbland and William H. Perrin ; thence northerly 
 along said division line between the lands of said Frank H. Erb- 
 land and William H. Perrin, to a point where the said southerly 
 line of said right of way across the land of said William H. Perrin 
 meets the same ; thence westerly along said southerly line of right 
 of way, following its several courses, across the land of said 
 William H. Perrin, and along said southerly line of said right 
 of way extended westerly across a road running northerly, be- 
 tween the lands of said William H. Perrin and John L. Koehler, 
 to a point in the westerly line of said road; thence southerly 
 along said westerly line of said road to a point where the 
 southerly line of said right of way of the east side trunk sewer 
 overflow through Densmore creek across the land of said John 
 L. Koehler meets the same; thence westerly along said southerly 
 line of said right of way, following its several courses, across the 
 land of said John L. Koehler, to a point in the division line be- 
 tween the lands of said John L, Koehler and Henry Livingston; 
 thence northerly along said division line between the lands of said 
 John L. Koehler and Henry T^ivingston to a point where the 
 southerly line of said right of way across the land of said Henry 
 Livingston meets the same; thence westerly along said southerly 
 line of said right of way, following its several courses, across tho 
 land of sai,i Henry Livingston to a point in the division line be- 
 tween the lands of said Henry Livingston and Richard Costich ; 
 thence westerly and southerly along said southerly line of said 
 right of way, following its several courses, across the land of 
 said Richard Costich to a point in the northerly line of Norton 
 street, so called; thence along said southerly line of right of way 
 extended to a point in the southerly line of said Norton street;
 
 28 
 
 thence easterly along said southerly line of said Norton street 
 to a point where the said southerly line of right of way through 
 the land of Sepherine Case would meet the same; thence south- 
 westerly along the said southerly line of right of way across the 
 land of said Sepherine Case to a point in the division line be- 
 tween the lands of said Sepherine Case and Lewis Herman; 
 thence northerly along said division line between the lands of 
 said Sepherine Case and Lewis Herman to a point where the said 
 southerly line of right of way across the said land of said Lewis 
 Herman meets the same ; thence southwesterly along said southerly 
 line of right of way, following its several courses, across the land 
 of said Lewis Herman to a point in the division line between the 
 lands of said Lewis Herman and Gilbert Costich; thence west- 
 erly and southwesterly along said southerly line of right of way, 
 following its several courses, across the land of said Gilbert Cos- 
 tich to a point in the division line between the lands of said 
 Gilbert Costich and Sepherine Costich; thence westerly along 
 said southerly line of right of way across the land of said 
 Sepherine Costich, following its several courses, to a point in the 
 easterly line of the Forest House road, so called ; thence westerly 
 across said Forest House road to a point in the westerly line 
 thereof where the southerly line of said right* of way of the east 
 side trunk sewer overflow through Densmore creek, across the 
 land of Joseph Costich, junior, meets the same; thence south- 
 westerly along said southerly line of said right of way, following 
 its several courses, across the land of said Joseph Costich, jimior, 
 to a point in the division line between the lands of said Joseph 
 Costich, junior, and Christopher J. Loos, junior; thence south- 
 westerly along said southerly line of said right of way, following 
 its several courses, across the land of said Christopher J. Loos, 
 jimior, to a point in the division line between the lands of said 
 Christopher J. Loos, junior, and Rudolph and John Schneeberger ; 
 thence southerly along said division line between the lands of 
 said Loos and Schneeberger to a point in the division line between
 
 29 
 
 the lands of said Sclmeeberger and Joseph Costich, junior ; thence 
 westerly along said division line between the lands of said Schnee- 
 berger and Costich to a point in the southerly line of 
 said right of way of said east side trunk sewer over- 
 flow, across the land of said Joseph Costich, junior, 
 where it meets the same; thence southwesterly along the 
 southerly line of said right of way, across the land of said 
 Joseph Costich, junior, to a point in the easterly line of the 
 highway called Waring road; thence along said southerly line of 
 said right of way extended westerly across said Waring road, to 
 a point in the w^esterly line thereof; thence southeasterly along 
 said southerly line of said Waring road and the said line extended 
 to the intersection with the center of Clifford street; thence 
 westerly along the said center of Clifford street to the place of 
 beginning, constitutes the twenty-second ward. 
 
 AETICLE II. 
 
 Officees. 
 
 Section 14. Elective officers. 
 
 15. Appointive officers. 
 
 16. Qualifications. 
 
 17. Term of office of elective officers. 
 
 18. Term of office of appointive officers. 
 
 19. Certificate of appointment. 
 
 20. Official oath and undertaking. 
 
 21. Fixed salaries. 
 
 22. Power to authorize expenditures. 
 
 23. Expenditures in excess of appropriations prohibited. 
 
 24. Additional fees or compensation not to be paid. 
 
 25. Officers not to be interested in contracts. 
 
 26. Restrictions as to holding office. 
 
 27. Charges against city officers. 
 
 28. Estimates of departments. 
 
 29. Annual reports.
 
 30 
 
 Section oO. Vaciineics. , 
 
 31. Kcsignations. 
 
 32. Elections. 
 
 Section 14. Elective officers. — Tho officers elected by the 
 electors of the city arc : mayor, president of the common council, 
 comptroller, treasurer, four assessors, five commissioners of schools, 
 police justice, and two judges of the municipal court. The of- 
 ficers elected by the electors of each ward are: alderman, super- 
 visor and constable. 
 
 § 15. Appointive officers. — Tho officers appointed by the 
 mayor are: commissioner of public works, city engineer, twenty- 
 one commissioners of parks, commissioner of public safety, com- 
 missioner of charities, corporation counsel, three commissioners 
 of Mount Hope, four commissioners of markets, three examiners 
 of stationary engineers, two midwife examiners, commissioners of 
 deeds, and such other officers as he is authorized to appoint by 
 this act or otherwise by law, or whose appointment is not otherwise 
 provided for. 
 
 § 16. Qualifications. — Every person appointed or elected to 
 office must reside in the city at least five months previous to his 
 election or appointment. A person elected to the office of alder- 
 man, supervisor or constable must reside in the ward from 
 which he is elected at least five months previous to his election. 
 No person is eligible to the office of police justice, judge of the 
 municipal coui't, or corporation counsel, unless he has been ad- 
 mitted to practice as an attorney and counselor in the courts of 
 the state of Xew York and has had at least five years' active prac- 
 tice in his profession; or to the office of city engineer unless he 
 is a civil engineer and has had at least five years' active practice 
 in his profession; or to the office of midwife examiner unless be 
 is a physician and surgeon duly authorized to practice medicine 
 under the laws o^ this state and has had at least five years' active 
 practice in his profession. The qualifications of examiners of 
 stationary engineers may be determined from time to time by
 
 31 
 
 ordinance of the common council. If an officer remove from the 
 city, or an alderman, supervisor or constable remove from the 
 ward from which he is elected, his office thereupon -becomes vacant. 
 
 § 17. Term of office of elective officers The term of office 
 
 of each elective officer commences on the first day of January suc- 
 ceeding his election and is for a period of two years, except that 
 the term of office of commissioners of schools and assessors is four 
 years, of the police justice and the judges of the municipal court, 
 six years. 
 
 § 18. Term of office of appointive officers. — The term of office 
 of midwife examiners is two years; of commissioners of Mount 
 Hope, of commissioners of markets, and of examiners of stationary 
 engineers, three years ; and of commissioners of parks, four years ; 
 such term of office to be computed from the first day of January 
 in the year iu which the appointment is made. The term of office 
 of commissioner of deeds is of such duration as is or may be 
 fixed by law. All other officers appointed by the mayor hold office 
 during his pleasure, unless otherwise specified in this act or by 
 law. 
 
 § 19. Certificate of appointm-ent. — Every appointment to a 
 city office must be made by a certificate in writing signed by the 
 appointing officer, or if made by a board, by the presiding officer 
 thereof, and filed in the office of the city clerk. 
 
 § 20. Official oath and undertaking — Every officer," before 
 entering upon his duties, must file with the city clerk the con- 
 stitutional oath of office, and if required by ordinance of the 
 common council, an undertaking in the amount required by such 
 ordinance, approved by the mayor as to the sufficiency of the 
 sureties and by the corporation counsel as to its form and validity. 
 In case any officer fail to file the oath of office or an undertaking 
 if required, within fifteen days after the commencement of his 
 term of office, if an elective office, and if an appointive office, 
 within fifteen days after he enters upon his duties, his office is 
 deemed vacant and the vacancy must be filled as herein provided. 
 
 § 21. Fixed salaries. — The annual salary of the mayor is 
 Chap. 755 3
 
 32 
 
 five lliousaiicl dollar.s; of the coniplroller, three thousand five hun- 
 dred dollars ; of the treasurer, three thousand five hundred dollars ; 
 of each commissioner of schools, twelve hundred dollars; of the 
 president of the common council, one thousand dollars; of each 
 alderman, seven hundred and fifty dollars. The salary of each 
 midwife examiner is ten dollars per day for each day actually 
 engaged in the performance of duties as such. 
 
 § 22. Power to authorize expenditures The heads of de- 
 partments, the separate boards provided for in this act or other- 
 wise by law, and the judges of courts, are empowered to authorize 
 expenditures of money in their respective departments, boards or 
 courts, except that in the department of finance the comptroller 
 and the treasurer are empowered to authorize expenditures of 
 money for their respective offices ; and the board of estimate and 
 apportionment is empow^ered to authorize expenditures from the 
 contingent appropriation or other appropriations made for the 
 general purposes of the city. Such power to authorize expendi- 
 tures of money is subject to the methods and limitations otherwise 
 imposed by this act or by law as to the expenditures of money. 
 
 § 23. Expenditures in excess of appropriations prohibited ISTo 
 
 department, board, court or officer is permitted during any 
 fiscal year to expend or contract to be expended any money, or to 
 enter into any contract which by its teniis involves the expendi- 
 tures of money in excess of the amounts appropriated in the annual 
 estimate adopted by the common council or othenvise lawfully 
 added thereto for such department, board, court or office for such 
 fiscal year; and the board of estimate and apportionment is not 
 permitted during any fiscal year to expend or contract to be ex- 
 pended any money, or to enter into any contract which by its terms 
 involves the expenditures of money for general purposes of the 
 city in excess of the amounts appropriated in the annual estimate 
 adopted by the common council or otherwise lawfully added thereto 
 for the contingent appropriation or other appropriations for the 
 general purposes of the city for such fiscal year; and in cases in 
 which this act provides that specific appropriations must be made
 
 33 
 
 for bureaus in departments, this prohibition applies to expenditures 
 in excess of the amounts appropriated in the annual estimate 
 adopted by the common council or otherwise lawfully added thereto 
 for such bureaus; and the moneys appropriated for such bureaus 
 must not be used for any purposes of the department other than 
 those of the bureau for wliich the appropriation is made. Any 
 contract, verbal or written, made in violation of this section, is 
 null and void as to the city, and no luonej's belonging to the city 
 must be paid thereon ; provided, however, that nothing herein 
 contained prevents the making of contracts which are specifically 
 authorized by this act to be made for periods exceeding one year, 
 Nothing herein contained prohibits the .commissioner of public 
 safety from expending such sums or incurring such debts as may 
 be actually necessary to prevent the spread of or to suppress any 
 contagious or infectious disease or any epidemic in the city, in 
 addition to the amount appropriated for such purpose or otherwise 
 lawfully added thereto. Any officer of the city making or voting 
 for any contract prohibited by this section, or certifying any ac- 
 count or claim or making any requisition prohibited thereby, is 
 guilty of a misdemeanor. 
 
 § 24. Additional fees or compensation not to be paid. — JSTo officer 
 of the city receiving a stated salary or compensation, except 
 corporation counsel, may have or receive to his use 
 any perquisites, compensation or fees for services per- 
 taining directly or indirectly or which may hereafter be added to 
 the duties of his office, in addition to his salary; and all per- 
 quisites, compensation and fees paid to and received by any such 
 officer for seiwices pertaining directly or indirectly or which may 
 hereafter be added to the duties of his office, other than his salary 
 received from the city, are the property of the city and must be 
 paid by the officer receiving the same into the city treasury. 
 
 § 25. Officers not to be interested in contracts. — Every officer 
 and employee of the city is prohibited from being interested, 
 directly or indirectly, in any contract to which the city is a party,
 
 34 
 
 either as priiicipjil, siiroty oi* otherwise; or in any purchase- from 
 or sale to the city, its boards or officers, of any real or personal 
 property ; or in any work performed for or services rendered to 
 the city, its boards or officers, other than the work or services im- 
 posed upon them by their office or position. Any contract made 
 in violation of these provisions is void. This section does not 
 apply to financial transactions between financial institutions and 
 the city, its boards or officers, and does not include a commissioner 
 of deeds. 
 
 § 26. Restrictions as to holding office. — No person may at the 
 same time hold more than one city office, and upon the acceptance 
 Df a second office the first office becomes vacant. The term " city 
 ^fiice " as used in this section does not include that of commissioner 
 of deeds or constable. 
 
 § 27. Charges against city officers. — Any officer of the city or 
 clerk of the police court or municipal court may be removed for 
 cause, after due notice and an opportunity of being heard, by the 
 appellate division of the supreme court, fourth department, in a 
 proceeding instituted by the petition of at least three-fourths of all 
 the members of the common council. TTiis section does not restrict 
 the right of removal otherwise vested in any board or official of the 
 city, but is an additional method of removal in such cases. 
 
 § 28. Estimates of departments. — On or before the first day of 
 J^ovember in each year, all heads of departments, boards, judges of 
 courts, and officers empow^ered to authorize expenditures of money, 
 except Mount Hope commission, must furnish to the mayor esti- 
 mates in writing of the amount required for expenditures for the 
 next fiscal year in their respective departments, boards, courts or 
 offices, including an estimate for bureaus for which separate appro- 
 priations are to be made; provided, however, that the estimate 
 of the department of public instruction must be submitted on or 
 before the thirty-first day of December in each year. 
 
 § 29. Annual reports — All heads of departments, boards, 
 judges of courts and officers empowered to authorize expenditures
 
 35 
 
 of money, must present to the mayor, on or before the thirty-first 
 day of December in each year, a report of their proceedings 
 during the current year. 
 
 § 30. Vacancies. — Vacancies in elective offices arising other- 
 Avise than by expiration of term are filled as follows : If in the 
 office of mayor, the president of the common council becomes 
 mayor during the unexpired term ; if in the office of president of 
 the common council, the president pro tempore of the common 
 council be<!omes president of the common council during the unex- 
 pired term; if in the office of alderman, it is filled by appointment 
 by the common council for the unexpired term ; if in the office of 
 supervisor, it is filled by appointment by the common council, and 
 the person so appointed holds office until the first day of January 
 succeeding the next annual election, at which a successor must be 
 elected for the remainder of the unexpired term, if any; if in the 
 office of assessor or commissioner of schools, it is filled 
 by appointment by the* mayor for the unexpired term ; 
 if in any other elective office, it is filled by appoint- 
 ment by the mayor, and the person so appointed holds office 
 until the first day of January succeeding the next city election, at 
 which a successor must be elected for the full term. A vacancy 
 in an appointive office for which a definite term of office is pre- 
 scribed, arising otherwise than by expiration of term, is filled for 
 the unexpired term by appointment by the board or officer author- 
 ized to make appointment to such office for the full term. 
 
 § 31. Resignations. — Resignations of elective officers must be 
 made and presented to the mayor, and of all other officers, to the 
 appointing board or officer ; and the board or officer to whom such 
 resignation is presented must thereafter file the same in the office 
 of the city clerk. 
 
 § 32. Elections — The city election is held in each odd-num- 
 bered year, in accordance with and in the manner now or hereafter 
 provided in the election law, and there must be elected thereat 
 successors to all elective officers whose terms of office expire on the 
 first day of January following.
 
 36 
 
 AETICLE III. 
 
 Mayok. 
 
 Section 43. Executive power. 
 
 44. Acting mayor. 
 
 45. Secretary and subordinates. 
 
 46. Consultation with heads of departments. 
 
 47. iDuties of mayor. 
 
 48. Execution of deeds and contracts. 
 
 49. Examination of books and accounts. 
 
 50. Additional powers and duties. 
 
 Section 43. Executive power. — The executive power of the city 
 is vested in the mayor and in such executive officers and depart- 
 ments as are or may be created by law or by ordinance of the 
 common council. 
 
 § 44. Acting mayor. — In case the mayor is temporarily absent 
 from the city, or is prevented from attending" to the duties of office 
 by sickness or disability, the president of the common council 
 acts as and possesses all the rights of mayor during such period 
 of absence, disability or sickness; but he is not permitted, unless 
 such absence, disability or sickness has continued for a period of 
 at least thirty days, to exercise any power of appointment or 
 removal from office ; or unless it has continued for a period of at 
 least nine days, to sign, approve or disapprove any ordinance of 
 the common council. 
 
 § 45. Secretary and subordinates — The mayor has power to 
 appoint to hold office during his pleasure, a secretary and such 
 other subordinates as may be j)i"escribed by the board of estimata 
 and apportionment. 
 
 § 46. Consultation with heads of departments. — The mayor 
 has the power to call together some or all of the heads of the city 
 departments, and some or all of the members of boards and officers, 
 for consultation and advice upon the affairs of the city, as often 
 as be may deem advisable, and to require them to submit to him
 
 37 
 
 such reports as to matters under their control and management aa 
 he may deem proper. 
 
 § 47. Duties of mayor. — It is the duty of the mayor to see 
 that the boards and officers of the city faithfully perform their 
 duties; to maintain peace and good order within the city; to take 
 care that the laws of the state and the ordinances of the common 
 council are executed and enforced within the city ; to communicate 
 by written message to the common council at least once a year a 
 statement of the finances and general condition of the affairs of 
 the city, with such recommendations in relation thereto as he 
 may deem proper, and to give such information in relation to the 
 same as the common council may from time to time require, and 
 to annex thereto or incorporate therein the reports of heads of 
 departments, boards and officers, or parts thereof, or references 
 thereto, with such recommendations as he may deem proper; to 
 call a special meeting of the common council whenever in his judg- 
 ment it is required by public necessity ; and to receive and examine 
 into all complaints made against any officer of the city for neglect 
 of duty or malfeasance in office. 
 
 § 48. Execution of deeds and contracts — It is the duty of the 
 mayor to execute on behalf of the city all deeds and contracts 
 made by it and to cause to be affixed thereto the city seal, unless 
 it is specifically provided otherwise herein. 
 
 § 49. Examination of books and accounts. — The mayor has au- 
 thority at all times to examine the books and papers of any depart- 
 ment, board, court, officer or employee of the city, and as often as 
 he may deem proper to appoint one or more competent persons, 
 whose compensation must be fixed by the board of estimate and ap- 
 portionment, to examine the books and accounts of any department, 
 board, court, officer or employee, and to adjust the same, if neces- 
 sary, and to examine the money, securities and property belonging 
 to the city in possession or charge of any department, board, court, 
 officer or employee ; and he may administer oaths to witnesses and 
 take affidavits in all cases relating to the affairs of the city. 
 
 210675
 
 38 
 
 § r)0. Additional powers and duties.- - Tho mayor has such 
 other powers and performs such other duties as may he prescribecl 
 in this act or by other laws of the state or hy ordinance of the 
 common council not inconsistent with law. In case of riot or 
 insnnvc'tion the mayor uiay tako eoininaiul of the whole police 
 force and he may for the occasion appoint and commission as 
 many special policemen as he may deem necessary, who shall 
 have all the powers of regular members of the police force. 
 
 ARTICLE IV. 
 
 Board of Estimate and Apportionment. 
 
 Section 61. Board of estimate and apportionment. 
 
 62. Annual estimate. 
 
 63. Annual appropriations. 
 
 64. Emergency fund. 
 
 65. Salaries. 
 
 66. Hearing upon appeal from audit. 
 
 67. Powder to cancel or remit taxes. 
 
 Section Gl. Board of estimate and apportionment. — The l)oard 
 of estimate and apportionment consists of the mayor, who is presi- 
 dent thereof, comptroller, corporation counsel, president of the 
 common council and the city engineer, except that when the 
 number of subordinates or the salaries thereof in the department 
 of any of the members of the board are to be fixed or determined, 
 the treasurer temporarily takes the place of the member whose 
 number of subordinates or the salary thereof is under considera- 
 tion, for the purpose of fixing such salaries or number of sub- 
 ordinates. The members of the board must meet upon the call 
 of the mayor or as directed by the board, and the city clerk acts 
 as secretary thereof and must keep a journal of all proceedings of 
 the board. 
 
 § G2. Annual estimate — Within forty-five days after the com- 
 mencement of each fiscal year the board of estimate and apportion- 
 ment must make an itemized statement in writing of the estimated
 
 39 
 
 revcimcs and expenditures of the city for the fiscal year. The 
 estimate of expenditures nmst contain an estimate of the several 
 amounts of money Avhich the board of estimate and apportionment 
 deems necessary to provide for the following departments, bureaus, 
 board:-, courts and offices; maj'or, board of estimate and appor- 
 tionment, common council, comptroller, treasurer, department of 
 assessment and taxation, board of contract and supply, department 
 of public works, water works bureau, bureau of weights and meas- 
 ures, department of engineering, department of parks, department 
 of public safety, police bureau, fire bureau, health bureau, bureau 
 of buildings, department of charities, department of public in- 
 struction, department of law, police court, municipal court, market 
 commission, board of midwife examiners, board of examiners of 
 stationary engineers, municipal civil service commission, and 
 other boards now or hereafter created by law, except Mount Hope 
 commission; also the amounts of money required to be paid into 
 siidjing funds, the money required for interest on bonds, notes, 
 and other indebtedness of the city, falling due during the fiscal 
 year; the amount of any judgments recovered against the city 
 payable during the fiscal year; and all other sums required by 
 law or necessary to be raised to pay the expenses of conducting 
 the business of the city for the fiscal year. The estimate of ex- 
 penditures may also contain an estimate of funds required for a 
 contingent appropriation to pay general expenses of the city, and 
 for such other appropriations as the board of estimate and appor- 
 tionment deems proper; and may contain a sum not exceeding 
 seven hundred and fifty dollars for the purpose of paying the ex- 
 penses of a proper observance of Memorial Day in the decoration 
 of the graves of the dead soldiers, sailors and marines buried in 
 the cemeteries of the city and its suburbs, to be expended under 
 the direction of the various veteran organizations of the city. The 
 estimate of expenditures for the department of public instruction 
 must not be less than a sum equal to twenty-five dollars per capita, 
 based on the total number of persons enrolled as pupils in the
 
 40 
 
 public schools for the year ending on the preceding thirty-first 
 day of December. After the annual estimate has been completed, 
 the board of estimate and apportionment must submit the same in 
 final form to the common council, with a statement in writing of 
 such reasons for such estimate as it may deem proper. 
 
 § 63. Annual appropriations. — - The several sums estimated for 
 expenditures contained in the annual estimate as adopted by the 
 common council, become appropriated for the fiscal year in the 
 amounts and for the several departments, bureaus, boards, courts, 
 ofiices and appropriations as therein specified. When any moneys 
 or revenues are received by the city or any department, board or 
 officer thereof, from any source other than by municipal tax and 
 which are not otherwise appropriated or directed by law to be 
 applied, such moneys or revenue may be used and applied toward 
 and in addition to the funds appropriated as aforesaid, in such 
 manner as the board of estimate and apportionment may direct. 
 , § 64. Emergency fund — The board of estimate and apportion- 
 ment may create in any department, bureau, board, court or office 
 for which moneys are appropriated in the annual estimate, from 
 the moneys so appropriated, an emergency fund^ot exceeding the 
 sum of five hundred dollars, which sum may be expended by the 
 board or ofiicer empowered to authorize expenditures, subject to 
 such rules and regulations therefor as the board of estimate and 
 apportionment may make; and claims must thereafter be pre- 
 sented for the moneys so expended, and audited in the same man- 
 ner as other claims, and when so audited the moneys must be 
 repaid into said fund ; provided, however, that the balance therein 
 at the end of the year must be applied as are other unexpended 
 balances of the department, bureau, board, court or office. 
 
 § 65. Salaries. — ^"The board of estimate and apportionment has 
 authority, except as otherwise provided herein or by law, to fix 
 the salaries and compensation of all officers and employees of the 
 city, and to determine that any officer is not to receive salary; 
 but the annual salary of the police justice must be fixed at not less 
 than three thousand five hundred dollars, and of each of the judges
 
 41 
 
 of the nuniicipal court at not less than three thousand dollars; 
 and the salary of every officer and employee ninst be fixed before 
 his election or appointment, and mnst be fixed for the entire term 
 of officers and employees elected or appointed for a definite term. 
 The salary or compensation of officers and employees not elected 
 or appointed for a definite term may be changed during the month 
 of January of any year. 
 
 § 60. Hearing upon appeal from audit — -Upon the hearing of 
 an appeal from an audit, the treasurer sits as a member of the 
 board of estimate and apportionment in place of the comptroller. 
 The board must make rules for procedure upon the hearing of 
 appeals, and it has authority to take evidence and examine and 
 swear witnesses and to issue subpoenas for the attendance of wit- 
 nesses, and to audit the claim appealed from at such amount as it 
 deems proper. In case the audit of the comptroller is reduced 
 upon appeal and the full amount has been paid to the claimant 
 under such audit, the city or any taxpayer has a right of action 
 to recover the difference so paid. 
 
 § G7. Power to cancel or remit taxes. — The board of estimate 
 and apportionment has power to reduce any tax or assessment, 02 
 to cancel or remit the same, or any part thereof, or the whole, or 
 any part of interest, penalties and fees thereon, upon such con- 
 ditions as it deems proper, subject to the approval of the common 
 council, in all cases in which a written petition signed by a person 
 interested or by the treasurer or one of the assessors of the city of 
 Rochester, stating why such tax or assessment should be cancelled, 
 remitted or reduced, is filed with it; and the board may refer 
 such petitions to a committee to be composed of officers of the city 
 to be designated by said board, and it is the duty of the officers so 
 designated to inquire into the matter contained in said petitions, 
 and to report thereon to the board with their recommendations in 
 relation thereto.
 
 42 
 
 ARTICLE V. 
 Common Council. 
 Section 78. Members. 
 
 79. President. 
 
 80. Organization. 
 
 81. Clerk. 
 
 82. Meetings. 
 
 83. Designation of official papers. 
 
 84. Powers. 
 
 85. Legislative power. 
 
 8G. Further legislative power. 
 
 87. Grant of franchises. 
 
 88. Acquisition of real estate. 
 
 89. Ordinance for purchase of real estate. 
 
 90. Ordinance for acquisition of real estate for school 
 
 purposes. 
 
 91. Sale of real estate. 
 
 92. Lease of real estate. 
 
 93. Sale of personal property. 
 
 94. Power to establish playgrounds. 
 
 95. Ordinance authorizing encroachment upon street. 
 
 96. Issue of bonds and notes. 
 
 97. Appropriations. 
 
 98. Regulation of duties of officers. 
 
 99. Regulation of office hours and location of offices. 
 
 100. Grading of police and fire force. 
 
 101. Ordinances as to executive functions. 
 
 102. Penal ordinances. 
 
 103. Publication of penal ordinances. 
 
 104. Granting and revocation of licenses.. 
 
 105. Adoption of annual estiuiato. 
 IOC. Tax budget. 
 
 107. Meeting for confirming annual tax rolls and levying 
 taxes.
 
 i3 
 
 Section 108. Confirmation of annual tax rolls. 
 
 109. Levy of annual taxes. 
 
 110. Power as to construction of public buildings and 
 
 works. 
 
 111. Power to require improvements. 
 
 112. Apportionment of expense of public improvements. 
 
 113. First ordinance for improvements. 
 
 114. Amendment of first ordinance for improvements. 
 
 115. Petitions for pavements. 
 
 IIG. Final ordinance for improvements. 
 
 117. Pequirements for passage of final ordinance. 
 
 118. Ordinance for east side trunk sewer assessment. 
 
 119. Confirmation of local assessment rolls. 
 
 120. Correction of errors in taxes and assessments and 
 
 re-assessment of same. 
 
 121. Alteration of names and grades, and discontinuance 
 
 of streets. 
 
 122. Legislative acts. 
 
 123. Procedure after passage of ordinance. 
 
 124. Pecord of ordinances. 
 
 125. Ordinances and proceedings as evidence. 
 
 126. Injunctions to restrain violations of ordinances. 
 
 127. Power to incur expense restricted. 
 
 Section 78. Members. — The common council is composed of the 
 aldermen. 
 
 § 79. President. — The president of the common council pre- 
 sides at all meetings thereof and discharges such other duties as 
 may be defined by ordinance of the common council and other- 
 wise by law. The president may vote upon all resolutions and 
 ordinances submitted to the common council for its action, in case 
 of a tie vote, and has the power of commissioner of deeds. 
 
 § 80. Organization. — The members of the common council are 
 required to meet on the second day of January after their election, 
 or if that be Sunday, then on the next day, and organize, and
 
 44 
 
 must at that meeting or as soon thereafter as possible, elect a 
 president pro tempore to serve during the term for wliich it? 
 members were elected, and who acts as president of the common 
 conncil during the temporary absence or disability of that official. 
 In case the president pro tempore becomes president of the com- 
 mon council by reason of a vacancy in that office, he is entitled to 
 vote as a member of the common council. 
 
 § 81. Clerk. — The common council must choose a clerk to hold 
 office during the term for which its members were elected unless 
 sooner removed by a vote of three-fourths of all the members of 
 the common council. He is the city clerk, and it is his duty to at- 
 tend the meetings of the common council, keep a journal of it.-' 
 proceedings, and discharge such other duties as may be prescribed 
 by law or ordinance. He may appoint to hold office during his 
 pleasure, a deputy and such other subordinates as ma_y be pre- 
 scribed by the board of estimate and apportionment. It is the 
 duty of the clerk to transmit to the head of CLch department, and 
 the clerk of each board, copies of all ordinances in any manner 
 affecting any of the matters of which any such department or 
 board has jurisdiction. He has the custody of the city seal. The 
 clerk and deputy clerk have the power of a counnissioner of deeds. 
 
 § 82. Meetings. — The common council must hold regular 
 meetings at times to be determined by it. The president of the 
 common council or a majority of its members may call a special 
 meeting of that body by causing a written notice thereof, specify- 
 ing the object of the meeting, to be served by tlie city clerk upon 
 each member personally or by mail, directed to liis place of resi- 
 dence or place of business, at least twenty-four hours before the 
 time fixed for such meeting. 
 
 § 83. Designation of official papers At the first meeting of 
 
 the common council for the purpose of organization, it must desig- 
 nate two daily newspapers published in the eity to be the official 
 papers of the city. Each member is entitled to vote for one pajjcr 
 and the two papers having the highest number of votes shall be the 
 official papers for two years and until others are desig-nated. The
 
 45 
 
 common council, before designating official papers, may receive 
 rates of publication from publishers of newspapers, including the 
 furnishing of a sufficient number of copies of the minutes of each 
 meeting, and spread the same upon its minutes, and the same 
 shall be binding in case papers are desig-nated from the publishers 
 of which rates have been received. The ordinances and proceed- 
 ings of the common council must be published in the official papers 
 after each meeting; and the proceedings of other departments, 
 boards and officers if required to be published, legal notices, 
 claims, advertisements and all other notices and matters published 
 by the city, its departments, boards or officers, must be published 
 at the rates specified, if any, in the official papers, or if required 
 to be published in only one paper, in one of the official papers. In 
 case an official paper refuse or fail to act as such, the common 
 council may designate a successor. The minutes of each meeting 
 of the common council must be printed in full within six days 
 after its adjournment, and distributed by the clerk to each member 
 of the common council, to the head of each department, and to 
 each board of the city. At the end of the year the common 
 council must cause the minutes- to be printed, indexed and bound 
 in adequate number. 
 
 § 84. Powers. — The common council may determine the rule^ 
 of its own proceedings and is the judge of the election and quali- 
 fications of its members. Its meetings are public and its records 
 open to public inspection, and a majority of all its members con- 
 stitute a quorum to do business. It may compel the attendance 
 of absent members at any meeting properly called, and may 
 punish or expel a member for disorderly conduct, for a violation 
 of its rules, or for official misconduct, or declare his seat vacant 
 by reason of absence continuing for the space of at least two 
 months ; but no member may be expelled and no vacancy be de- 
 clared on account of absence, except by the vote of three-fourths 
 of all the members of the common council, after the delinquent 
 member has had an opportunity to be heard. All appointments 
 and designations by the common council are determined upon a
 
 46 
 
 vote taken by a roll call of its members and an entry npon the 
 journal of the choice of each member or of the ayes and nays, if 
 any. 
 
 § ST). Legislative power. — The Icai^^lative jiowor of the city 
 is vested in the common council, and it has authority to enact 
 ordinances not inconsistent with law for the government of the 
 city and the management of its business; for the protection of its 
 property and the indemnification of the city against loss or lia- 
 bility, for the preservation of good order, peace and health, fnr 
 the safety and welfare of its inhabitants, and the protection, en- 
 joyment and security of their property, and for such other pur- 
 poses as the interests of the municipality and its citizens require. 
 Its authority, except as otherwise provided in this act or by law, 
 is legislative only. 
 
 § 80. Further legislative power. — In addition to the powers 
 conferred by the last section, the common councib has power to 
 adopt ordinances for the following purposes within the city : 
 
 1. To regulate and provide for the licensing of pawnbroking 
 and pawnbrokers, auctions and auctioneers, employment agencies 
 and those conducting them, peddling and peddlers, junk dealing 
 and junk dealers, temporary sales and those engaged in them, 
 huckstering and hucksters and the selling of hay, straw and farm 
 produce; to regulate the inspection and sealing of weights and 
 measures, the operation and speed of all vehicles upon the public 
 streets, highways and places ; to regulate the emission of smoke 
 from, and to prohibit the emission of dense smoke from build- 
 ings, boilers, stationary engines, traction engines, railroad 
 engines and locomotives, boats on the canal or river, 
 and from all other sources; to regulate the construc- 
 tion, alteration and repair of buildings and structures, 
 and to provide for the approval of plans therefor ; to 
 'provide for the licensing of dogs, the seizure of unlicensed dogs, 
 the care and protection of lost, strayed and homeless dogs, for 
 securing and protecting the rights of the owners thereof, for the 
 protection of the public against dogs, and the destruction of dan-
 
 . 47 
 
 gerous or vicious dogs whether licensed or not; and to authorize 
 the mayor to enter into a contract with an incorporated society 
 for the prevention of crnelty to animals having jurisdiction in the_ 
 city, for the capture and impoundage of all unlicensed dogs, and 
 for the maintenance of a shelter for lost, strayed or homeless dogs; 
 provided, however, that the compensation to be paid therefor must 
 not e.xcccd in any one year the amount collected by the city from 
 the payment of license fees during the current year for which sucli 
 contract is made. 
 
 2. To regulate and control the laying, maintenance, alteration 
 and repair of subways, conduits, mains and pipes in and under 
 the public streets, highways and places; to regulate and control 
 the erection, construction and maintenance of poles, cables and 
 wires in, upon, over and under the public streets, highways and 
 places; to require cables and wires, except trolley wires and the 
 necessary guy and supporting wires used in connection with such 
 trolley wires, erected and proposed to be erected upon and over the 
 public streets, highways and places to bo placed under ground, not 
 exceeding in one year the amount which may be placed in twenty 
 miles of single duct, unless the ordinances for the excess over said 
 twenty miles are unanimously approved by the board of estimate 
 and apportionment ; to regulate and control the opening and 
 excavation of public streets, highways and places and the use of 
 public streets, highways and places, or any part thereof, or the 
 space above or underneath them for any purpose wiiatever ; to 
 regulate the operation and speed upon and over public streets, 
 highways and places of locomotives, engines and cars u[ion steam, 
 electric and street surface railroads. 
 
 3. To grant all rights or franchises to use the streets, highways 
 and public places or any part thereof or the space above or under- 
 neath them, for any purpose whatever, upon such terms and con- 
 ditions as it deems proper. 
 
 All franchises or rights to use the streets, highways and public 
 places, acquired by any corporation and not exercised, in whole or 
 in part, which are repeal able, are hereby repealed and made sub- 
 Chap. 755 4
 
 .48 
 
 ject to the provisions of subdivision throe of this section. All 
 franchises and cliarters of corporations hereafter granted shall be 
 taken subject to subdivision three of this section. 
 
 § 87. Grant of franchises — An <.i-diuauce authorizing any 
 franchise must be passed by a vote of three-fourths of all the 
 members of the common council, and must provide for a dispo- 
 sition of the same at public 'auction to the highest bidder, under 
 proper regulations for the protection of the city and after public 
 notice to be published once each week for three weeks in the oflScial 
 papers ; which sale must be approved by the board of estimate and 
 apportionment before it takes effect. The common council may, 
 subject to approval by the mayor and the board of estimate and 
 apportionment, grant to the owner or lessees of an existing fran- 
 chise under which operations are being actually carried on, ad- 
 ditional franchise rights or extensions in the street or streets in 
 which the said franchise exists, without advertisement and sale. 
 ISTo franchise shall be granted or be operative for a period longer 
 than twenty-five years. 
 
 § 88. Acquisition of real estate. — All purchases or other ac- 
 quisition by the city of real estate or any right or easement 
 therein, must be authorized by ordinance of the common council. 
 This section does not apply to purchases of real estate or rights 
 or easements therein for school purposes or in actions for fora- 
 closure of tax liens. 
 
 § 89. Ordinance for purchase of real estate. — ^Vhenever the 
 common council determines to authorize the purchase of any real 
 estate or rights or easements therein, it must pass an ordinance 
 containing a description of the real estate, rights or easements to 
 be acquired, and declaring its intention to acquire the same and 
 that it deems the same necessary for municipal purposes, and 
 directing the commissioner of public works to purchase the same at 
 a price approved by the board of estimate and apportionment, 
 and directing the corporation counsel in case the commissioner of 
 public "works is unable to purchase such real estate, rights or ease- 
 ments at a price approved by the board of estimate and appor-
 
 49 
 
 tionment, to institute condemnation proceedings for the acquir3 
 ment of the same. In case a local assessment is to be levied for 
 the whole or any part of the expense of the acquisition of such 
 real estate, rights or easements, the common council must proceed 
 thereon as in the case of other public improvements or work in- 
 volving local assessments, and may in the ordinances for public 
 improvements or work involving local assessments, direct the 
 acquisition as herein provided of real estate, rights or easements 
 necessary to be acquired for the purpose of making such public 
 improvement <;r work. 
 
 § 90. Ordinance for acquisition of real estate for school purposes. 
 — Whenever the board of education reports to the common 
 council that it is unable to purchase real estate, rights or ease- 
 ments deemed necessary by it for school purposes, the common 
 ixuncil may pass an ordinance containing a description of the 
 real estate, rights or easements to be acquired, and declaring its 
 intention to acquire the same, and that it deems the same neces- 
 sary for municipal purposes, and directing the corporation coun- 
 sel to institute condemnation proceedings for the acquirement of 
 the same. 
 
 § 91. Sale of real estate — All sales of real estate or of any 
 right or easement therein, belonging to the city, except sections, 
 lots and burial places in Mount Hope cemetery, must be made 
 pursuant to authority granted by ordinance of the common council 
 passed by three-fourths of all the members, and must be sold at 
 public auction to the highest bidder, under proper regulation as 
 to the giving of security and after public notice to be published 
 once each week for three weeks in the official papers; and tlie 
 price thereof must be approved by the board of estimate and ap- 
 portionment before the sale takes effect. 
 
 § 92. Lease of real estate. — Except as otherwise provided in 
 this act, all leases of real estate or of any right or easement 
 therein belonging to the city, must be made pursuant to authority 
 granted by ordinance of the common council, and upon such terms
 
 50 
 
 and conditions, if any, as are specified in such ordinance; and die 
 amount of rental thereof must be a])])roved by the board of 
 estimate and apportionment before the lease takes effect, 
 
 § 9;3. Sale of personal property. — All sales of personal prop- 
 erty belonging to the city must be made j)ursuant to authority 
 granted by ordinance of the common council, and the price thereof 
 must be approved by the board of estimate and apportionment 
 before the sale takes effect. 
 
 § 94. Power to establish playgrounds. — - The common council 
 has power by ordinance to locate and establish playgrounds, and 
 to determine that a small park or square, or a part thereof, may 
 be used for other than park purposes, and to thereupon place it or 
 such part thereof under the control of the proper department, 
 board or officer. 
 
 § 95. Ordinance authorizing encroachment upon street.^ An 
 ordinance authorizing the commissioner of public \vorks to grant 
 a license or permission for an encroachment or projection over or 
 on a public street, highway or place, or for the construction of 
 areaways and cellars beneath sidewalks of tlie public streets, high- 
 ways and places, must not be adopted except after a public hear- 
 ing of which notice must be published in the official papers for 
 at least three days; and the ordinance must provide for the filing 
 of a bond indemnifying the city against all loss, liability or 
 damage therefrom ; upon which bond any person injured by such 
 construction may sue ; and all such licenses may be revoked by 
 the common council at any time. The common council may at 
 any time revoke any such license heretofore granted by it or by 
 any board or officer of the city, or may require the filing of a bond 
 of indemnity as aforesaid by the person maintaining such a con- 
 struction heretofore made. 
 
 § 96. Issue of bonds and notes. 
 
 1. The common council has power from time to time to borrow 
 money for city purjooses and to cause to be issued therefor, in 
 amounts designated by it, notes of the city signed as directed by 
 it and running for a period not exceeding eight months, or bonds
 
 51 
 
 of the city signed by (lie mayor and treasurer, sealed with the 
 corporate seal and countersigned by the comptroller, and at the 
 option of the common council, by a transfer agent designated by 
 it, payable and transferable at such places as the common council 
 may designate, running for a period or different periods deter- 
 mined by the common council not exceeding thirty years, bearing 
 int(!re.st at a rate fixed by the common council, not exceeding four 
 per c(!ntum per annum, and to be sold under the direction of the 
 comptroller, after competition, upon sealed proposals, at not less 
 th?n par. The common council has power to create a sinking fund 
 f'^r th? redemption of bonds herein authorized, and to provide 
 tiifit there must be deposited therein annually fixed sums or per- 
 centages, of the appropriations or revenues of the department, 
 board, bureau or office for the benefit of which the bonds are 
 issued ; or it may provide that a certain sum must be raised an- 
 nually by taxes and added to such sinking fund ; or it may pro- 
 vide other means of paying or redeeming the Bonds at maturity; 
 or it may issue the same without creating a sinking fund, or mak- 
 ing other provisions for the redemption thereof. The provisions 
 of any general law or special law do not a]iply to the issuance 
 and sale of the notes and bonds herein authorized. 
 
 2. The common council must forthwith, upon demand of the 
 board of cducati(ju, cause to be issued bonds of the city to an 
 amount which, together with the bonds heretofore issued pursuant 
 to the provisions of chapter five hundred and forty-nine of the 
 laws of nineteen hundred and six, do not exceed three hundred 
 thousand dollars, to be known as school bonds, series of nineteen 
 hundred and six to nineteen hundred and nine, to draw interest at 
 the rate of four per centum per annum, and to be issued in denom- 
 inations of five thousand dollars each, and to be made payable at 
 such places, and to be signed and countersigned in such manner as 
 the common council may direct, to be sold by the comptroller after 
 competition upon sealed proposals at not less than par, and to be 
 issued and sold during the years nineteen hundred and eight and 
 nineteen hundred and nine in allotments of seventy-five thousand
 
 52 
 
 dollars for each of such years, respectively, at siieh times iind in 
 such amounts as may be desired by the board of education as certi- 
 fied by said board to the comptroller of the city; provided, how- 
 ever, that if in either or any of the years nineteen hundred and 
 six, nineteen hundred and seven and nineteen hundred and ei^lit 
 there is not issued and sold the full amount of seventy-five thou- 
 sand dollars of bonds, then the balance of said seventy-five thou- 
 sand dollars of bonds authorized to be issued for such years and 
 not issued, nuiy be issued and sold in any subsequent year up to 
 and including the year nineteen hundred and nine, in addition to 
 the seventy-five thousand dollars of bonds authorized for such 
 subsequent year, at such times and in such amounts as may be 
 desired by said board of education and as certified by i^t to the 
 comptroller. The bonds issued pursuant to the provisions of 
 chapter five hundred and forty-nine of the laws of nineteen hun- 
 dred and six, or pursuant to the provisions of subdivision two of 
 this section, must be payable in blocks or allotments of twenty-five 
 thousand dollars, as follows : the first twenty-five thousand dollars 
 thereof issued to be made payable June first, nineteen hundred and 
 eleven; the second twenty-five thousand dollars thereof issued 
 to be made payable June first, nineteen hundred and twelve ; the 
 third twenty-five thousand dollars thereof issued to be made pay- 
 able June first, nineteen hundred and thirteen; the fourth twenty- 
 five thousand dollars thereof issued to be made payable June 
 first, nineteen hundred and fourteen ; the fifth twenty-five thou- 
 sand dollars thereof issued to be made payable June first, nineteen 
 hundred and fifteen ; the sixth twenty-five thousand dollars thereof 
 issued to be made payable June first, nineteen hundred and six- 
 teen; the seventh twenty-five thousand dollars thereof issued to 
 be made payable June first, nineteen hundred and seventeen ; the 
 eighth twenty-five thousand dollars thereof issued to be made pay- 
 able June first, nineteen hundred and eighteen; the ninth twenty- 
 five thousand dollars thereof issued to be made payable June first, 
 nineteen hundred and nineteen ; the tenth twenty-five thou- 
 sand, dollars thereof issued to be made payable June first,
 
 53 
 
 nineteen hundred and twenty ; the eleventh twenty-five thousand 
 dollars thereof issued to be made payable June first, nineteen hun- 
 dred and twenty-one ; the twelfth twenty-five thousand dollars 
 thereof issued to be made payable June first, nineteen hundred 
 and twenty-two. The proceeds of the sale of the school bonds 
 authorized by subdivision two of this section must be placed to 
 the credit of the department of public instruction, for the purpose 
 of constructing and enlarging school buildings and providing 
 sites for the same. 
 
 § 97. Appropriations. —Xo ai)pr()priation of money may be 
 made for any purpose except by ordinance specifying each item, 
 the amount thereof, and the department, board, bureau, court, 
 office or specific appropriation for which the appropriation is made. 
 
 § 98. Regulation of duties of officers — The common council 
 may, by ordinance passed by a vote of three-fourths of all its 
 members, not inconsistent with this act or laws of the state, 
 regulate the powers and duties of any department, board, bureau 
 or officer; and it has power to investigate all departments, boards, 
 bureaus, courts and officers, and has access to all records and 
 papers kept by or in the custody of any department, board, bureau, 
 court or officer; and has power to compel the attendance of wit- 
 nesses and the production of books, papers or other evidence at any 
 meeting of the common council or of any committee thereof, and 
 for that purpose may issue subpoenas signed by the president. 
 
 § 99. Regulation of office hours and location of offices. — The 
 
 common council may from time to time by ordinance regulate the 
 office hours of and detcruiiue the location of the offices of any de- 
 partment, board, bureau, court or office. 
 
 § 100. Grading of police and fire force. — The common council 
 has power at all times by ordinance to determine the number of 
 members of the jDolice force and of the fire force, and the classes or 
 grades into which each shall be divided; but the number of mem- 
 bers of the police force or fire force must not be increased without 
 the approval of the board of estimate and apportionment by a 
 resolution adopted by at least four affirmative votes.
 
 54 
 
 § 101. Ordinances as to executive functions Whenevfr an 
 
 executive or administrative function is by law or ordinance of 
 the common council required to be performed, tbe same must be 
 performed by the proper executive or administrative department, 
 board, bureau or officer designated in the law or ordinance, and 
 in case no such designation is thus made the mayor may make 
 tlie same; but no ordinance must be passed interfering with the 
 exercise of the executive functions of the departments, boards, 
 bureaus and officers as provided in this act or otherwise by law. 
 
 ^ 102. Penal ordinances. — It uuiy bo provided in a general 
 ordinance or ordinances or any ordinance or ordinances adopted 
 by the common council, that a violation of an ordinance of the 
 conmion council is punishable by a fine not exceeding one hundred 
 fifty dollars or by imprisonment not exceeding one hundred fifty 
 days or by both such fine and imprisonment, or by penalty not 
 exceeding five hundred dollars to be recovered by the city of 
 Rochester in a civil action, or by a maximum and minimum fine or 
 f> maximum and minimum term of imprisonment or both, or by a 
 maxiuuim and minimum amount of penalty, or by a definite 
 amount of penalty. The amount of fine and term of imprison- 
 ment within the limits prescribed by the common council and the 
 imposition of one or both must be determined by the court. The 
 amount of penalty to be recovered in a civil action, of which tbe 
 municipal court of the city of Rochester, the county court of 
 Monroe county and the supreme court have jurisdiction, if not 
 fixed at a definite amount, must be determined by the court or jury 
 within the limits fixed by the common council. 
 
 § lOo. Publication of penal ordinances. — Every ordinance of 
 the common coi;iicil imposing a penalty or fine, or imprisonment, 
 and every auictid incut thereto, must before the same takes effect 
 be published at least three times in each week for two successive 
 weeks in the official newspapers of the city; provided that in case 
 of insurrection, riot, pestilence, conflagration or other public neces- 
 sity requiring immediate operation of such ordinance, it shall take 
 effect as soon as proclamation thereof has been made by the mayor.
 
 55 
 
 p.nd the same has been posted in five public places in each ward 
 of the city. 
 
 § 104. Granting and revocation of licenses. — Any board, 
 bureau or officer authorized by ordinance of the common council 
 to grant any license, has discretionary power to grant or refuse 
 tlie same, and the common council may provide that any license, 
 riglit or permission granted under or by virtue of an ordinance 
 thereof may be revoked by the board, bureau or officer issuing 
 the same, either suunuarily in his or its discretion, or after a 
 hearing, upon a violation of the laws of the state or ordinances 
 of the common council by the person- or corporation to whom the 
 same was granted or who is acting under or using the same, or 
 his or its agents, servants or employees. 
 
 § 105. Adoption of annual estimate. — The common council 
 must, as soon as possible, after receiving the annual estimate, 
 convene and consider the same and give a public hearing to all 
 persons wishing to be heard in reference thereto. The common 
 council must not increase any item contained therein, but has 
 power to diminish or reject any item contained therein, except 
 those relating to indebtedness, judgments or estimated revenues ; 
 provided, however, that the items for the department of public 
 instruction must not be reduced to less than a sum equal to twenty- 
 five dollars per capita, based on the total number of persons en- 
 rolled as pupils in the public schools for the year ending on the 
 preceding thirty-first day o-f rJpcember. After the public hearing 
 and within thirty days after the annual estimate has been sub- 
 mitted to it, the common council must adopt the same as submitted 
 or as amended by it, and enter it upon its minutes. 
 
 § 106. Tax budget. — The amount of estimated expenditures 
 contained in the annual estimate adopted by the common council, 
 less the amount of estimated revenues applicable to the payment 
 thereof, contained in such estimate, constitutes the tax budget. 
 
 § 107. Meeting for confirming annual tax rolls and levying 
 taxes. — The common council must meet on the first day of April 
 in each year, or if that be Sunday then on the next day following.
 
 56 
 
 for the purpose of confirniiug the annual tax rolls and levying the 
 annual taxes. They must hear the allegations and complaints of 
 all persons interested who appear; of which meeting and the pur- 
 pose thereof and of such hearing the city clerk must give notice 
 by publication for at least three days in the official papers. 
 
 § 108. Confirmation of annual tax rolls. — The common coun- 
 cil, at such meeting or the time or times to which. it may be ad- 
 journed, not later than five days therefrom, must, after making 
 such amendments and corrections to the annual tax rolls reported 
 to it, and the taxes, assessments, charges, expenses and other items 
 therein set forth as they deem proper, confirm such annual tax 
 rolls. 
 
 § 109. Levy of annual taxes. — The common council, at such 
 meeting or the time or times to wliich it may be adjourned, not 
 later than five days therefrom, must levy taxes to the amount set 
 forth in the tax budget adopted by it, on all the real and personal 
 property in the city, according to the statement and valuation 
 of the same set forth in the annual tax rolls for the current year; 
 and in addition must levy and assess for the benefit of the Avater 
 works fund a water frontage tax on the lots liable thereto as set 
 forth in the annual tax rolls for the current year as follows: 
 three cents on each lineal foot front of each lot on which no 
 w^ater rates have accrued or been paid to the city during the pre- 
 ceding year, provided such lots are situate on a public street, 
 highway or place in the city in w^hich the city's water mains 
 are laid and in use, and also three cents on each lineal foot front 
 in excess of two hundred feet of each city lot exceeding two hun- 
 dred feet frontage on which the water rates accrued or due the 
 city during the preceding year do not aggregate an amount equal 
 to at least three cents on each lineal foot of the whole frontage. 
 
 § 110. Power as to construction of public buildings and 
 works. — The common council has power by ordinance to authorize 
 the construction and erection for city purposes of buildings, works 
 and reservoirs within or without the limits of the city.
 
 57 
 
 § 111. Power to require improvements. — The common coimcil 
 has power to require the opening, laying out, paving, re-paving, 
 crading, re-grading, repairing, sprinkling, cleaning, sodding, em- 
 bellishment, alteration, widening and discontinuance of public 
 streets, highways and places, and the cutting and sowing of grass 
 and planting and care of trees therein ; the construction, alter- 
 ation, repair and cleaning of sidewalks on the public streets, high- 
 ways and places ; the street nuniberiiig and re-numbering of houses, 
 buildings and structures ; the construction, alteration, repair and 
 cleaning of public sewers and drains, and of laterals connected 
 therewith, and the construction, alteration, repair, cleaning and 
 extension of public sewers and drains beyond the limits of the 
 city; the construction within or without the city of sewage dis- 
 posal plants, and the alteration, repair and cleaning of the same ; 
 the construction, alteration and repair of bridges and arches over 
 any water or other places ; the removal of dirt, rubbish and de- 
 posits from and the deepening of the Genesee river, and the con- 
 pTruction, alteration and repair of walls along the banks of said 
 river, and the construction, alteration and repair of the banks 
 thereof; and the construction of all other public improvements 
 and work deemed necessary, and the guarantee to keep any im- 
 provement or work in good order and repair for such time as it 
 determines. 
 
 § 112. Apportionment of expense of public improvements. — 
 The common council may direct that the whole of the expense of a 
 public improvement or work be assessed upon the property deemed 
 benefited or, subject to the approval of the board of estimate and 
 apportionment, that the whole or part thereof be charged to the 
 city at large and the remainder, if any, assessed upon the property 
 deemed benefited. 
 
 § 11,3. First ordinance for improvements. — In the case of 
 a public improvement or work involving a local assessment, the 
 common council must cause an estimate of the expense of the pro- 
 posed improvement or work to be made, and of the maximum 
 cost per front foot to the property to be assessed therefor, and may
 
 58 
 
 llioreaftcr pass a first ordinance doclaring its intention to require 
 such ini))r()vcniciit or work to 1)0 made or done and describing the 
 portion of the city which it deems proper to be assessed for the 
 expense tliereof. Thereafter a notice must be published in the 
 official papers for four days, specifying the improvement or work, 
 the estimated expense thereof, the aniDunt thereof to be paid by 
 the city at large, if any, and the portion or })art of the city to 
 be assessed, and the time of hearing allegations thereon by the 
 common council. 
 
 § 114. Amendment of first ordinance for improvements. — 
 Whenever after publication of notice for hearing of allegations, 
 the first ordinance for a public improvement or work involving a 
 local assessment, is amended by increasing the estimated expense 
 thereof, or the territory to be assessed, the final ordinance must 
 not be passed until a new notice is published in the form and man- 
 ner required after the passage of the first ordinance. 
 
 § 115. Petitions for pavements. — Any five or more property 
 owners liable to be assessed for the cost of paving or repaving 
 a public street, highway or place, may, before the passage of the 
 final ordinance, present to the common council a petition speci- 
 fying the material desired to be used in constructing such pave- 
 ment, and may specify therein the particular kind, make, style 
 or brand of material desired. The common council must in the 
 final ordinance or by separate resolution or resolutions passed 
 not later than the final ordinance, specify each material and 
 each particular kind, make, style or brand of material for which 
 a petition has been presented, if any, and such other materials 
 or particular kinds, makes, styles or brands of materials as it 
 deems desirable, as those proposed to be used in constructing the 
 pavement. 
 
 § 116. Final ordinance for improvements. — At the time ap- 
 pointed in the notice for the hearing of allegations, or the time to 
 which the meeting at which allegations were advertised to be 
 heard is adjourned, the common council must hear the allegations 
 of persons interested who appear, and may pass a final ordinance
 
 59 
 
 for such public improvement or work or take sncli other action 
 tliereon as is deemed proper. A final ordinance for a public 
 improvement or work involving a local assessm.ent must specify 
 the number of equal annual installments in which the assessment 
 is payable, within the following limits : when the estimated maxi- 
 mum cost per front foot to the property to be assessed therefor 
 is not more than one dollar, the assessment must be paid in not 
 more than three installments; when it is more than one dollar 
 and not more than three dollars, in not more than five installme:it3 ; 
 when it is more than three dollars and not more than five dollars, 
 in not more than seven installments; when it is more than five 
 dollars, in not more than ten installments. 
 
 § 117. Requirements for passage of final ordinance. — A final 
 ordinance for a j)ublic improvement or work involving a local as- 
 sessment, must be passed by a vote of two-thirds of all the members 
 of the common council, unless a majority of the owners of property 
 to be assessed for the expense thereof, as appears by the records 
 of the assessors, present to the common council a petition for such 
 work or improvement. 
 
 § 118. Ordinance for east side trunk sewer assessment. — In 
 the year nineteen hundred and eight, and in each fifth year there- 
 after until the bonds issued for the construction of the east side 
 trunk sewer are paid and redeemed, the common council must 
 determine what amount, if anj^, of east side trunk sewer bonds, 
 in addition to those falling due during the next five years, it will 
 cause to be redeemed, and the amount of money necessary to be 
 raised therefor and for the bonds falling due, and the amount 
 necessary to be raised for interest during the next five years on 
 east side trunk sewer bonds, and also tlie amount it deems neces- 
 sary to be raised by assessment upon the property benefited to 
 pay the cost and expense of constructing or reconstructing the 
 east side trunk sewer, additions thereto and overflows from the 
 same, in settling judgments and claims caused by the sewer, 
 additions and overflows, the construction or reconstruction of a 
 disposal plant for said sewer and the purchase of lands, rights
 
 60 
 
 and easements necessary for the construction or maintenance of 
 the sewer, additions, overflows and disposal plants, and for such 
 other purposes connected with the sewer, additions, overflows and 
 disposal plant as it deems desirable; and it must direct the total 
 amount thereof, together with any interest paid on account thereof 
 by the city, and interest on the total amount to the time the first 
 installment becomes due, and all expanses incident to the making 
 of the assessment to be assessed on the portion or part of the city 
 which it deems benefited thereby. The common council must 
 proceed thereon as in the case of other public improvements or 
 work involving a local assessment, and the assessment therefor is 
 payable in five equal annual installments, the time when each be- 
 comes due to be determined as in the case of other local assess- 
 ments, and the same rate of interest to be paid thereon as on 
 other local assessments, and to be levied and collected as other 
 local assessments ; and the same proceedings for its enforcement and 
 collection may be taken by the city as is provided herein for the 
 enforcement of other local assessments. 
 
 § 119. Confimiation of local assessment rolls. — When a local 
 assessment roll is delivered to the city clerk he must report it 
 to the common council at its next meeting. The common council 
 must hear the allegations and complaints of all persons interested 
 who appear, and may correct, confirra, set aside or refer the 
 assessment roll to its committee on assessments or other committee, 
 or order a new assessment. If the same be referred to a com- 
 mittee, the committee may proceed to hear allegations and com- 
 plaints upon five days' notice by publication in the official papers, 
 or may without such notice or hearing examine and report to the 
 common council, w^ho may thereupon correct, confirm or set aside 
 said report or order a new assessment. Any assessment roll made 
 at any time heretofore as well as hereafter, may after its confirma- 
 tion be reconsidered by the common council at any time, and the 
 same proceedings may be had thereon as herein provided before 
 the confirmation thereof. After the roll is confirmed it must be 
 delivered by the city clerk to the city treasurer.
 
 61 
 
 § 120. Correction of errors in taxes and assessments and re- 
 assessment of the same. — A\'lion in the judgment of the common 
 council there is any irregularity, omission, error, or lack of juris- 
 diction in any of the proceedings relating to any tax or local assess- 
 ment heretofore or hereafter levied and assessed, or in the making, 
 levying or assessment of the same, the common council has power, 
 after causing notice to the person or corporation to be taxed or 
 assessed to be served personally or by mail, directed to his last 
 known place of residence, or its last known place of business, and 
 an opportunity to be heard at a time specified in such notice, to 
 correct any such tax or local assessment, or any part thereof, 
 and to re-assess the same in such amount as it deems proper, in- 
 cluding therein interest at such rate on such amount as it deems 
 proper, against the proper person or corporation or property it 
 deems liable to such tax or benefited by such improvement, or 
 both ; and such correction or re-assessment has the same effect 
 as though the tax or assessment had originally been properly levied 
 and assessed. The common council has the power when it deems 
 it for the best interests of the city, to set aside the whole of a local 
 assessment, and thereupon to cause a re-assessment to be made, 
 and may pass an ordinance designating the public improvement 
 or work so made, the whole expense thereof, including any and all 
 interest thereon to the date the re-assessment or first installment 
 thereof becomes due, including all that may be imposed as pro- 
 vided in this act in the case of local assessments, and the part 
 or portion of the city deemed to be benefited thereby ; and it may 
 direct the city assessors to assess the lots and parcels of land in such 
 territory described, for such expense, according to the benefit re- 
 ceived, and proceed in all respects as in cases of local assessments ; 
 and such re-assessment has the same valid and binding force as if 
 it had originally been properly made. An ordinance setting aside, 
 the whole of a local assessment and directing a re-assessment 
 thereof must provide that any moneys paid on the assessment set 
 aside, with interest at a rate determined by the common council 
 not exceeding the rate received by the city on such money, must
 
 62 
 
 be credited on tlie amount of the new assessment against the prop- 
 erty on which the assessment was paid, and that in case the amount 
 so paid exceeds the amount re-assessed on the same property, such 
 surplus, including interest as aforesaid, must be paid to the person 
 who may have paid the same. 
 
 § 121. Alteration of names and grades and discontinuance of 
 streets. — An ordinance of the conmion council altering the name 
 of a public street or highway, or changing the legally established 
 grade of a public street or highway, or discontinuing a public 
 street or highway, must be passed by a vote of three-fourths of all 
 the members thereof; and in case of the discontinuance of a street, 
 before any action is taken thereon, a notice must be published for 
 ten days in the official papers of the intention to discontinue such 
 public street or highway, and stating that all persons interested 
 may be heard in reference thereto at a time specified in such notice. 
 Claims for damages caused by the change of grade or the discon- 
 tinuance of a public street or highway, must be presented to the 
 commissioner of public works \vithin three months after the 
 passage of the final ordinance therefor. In case such notice is 
 not served no damages therefor are recoverable from the city and 
 no action or proceeding may be maintained against the city to 
 recover the same. On the filing of said claim the commissioner 
 of public works may agree upon the^ amount of damages to be 
 awarded, subject to approval by the board of estimate and appor- 
 tionment. In case of a failure to agree damages must be deter- 
 mined in condemnation proceedings as herein provided. 
 
 § 12--2. Legislative acts. — All legislative acts of the common 
 council must be by ordinance, and on the passage of every ordi- 
 nance the ayes and nays of the members voting thereon must be 
 entered in full upon the journal. The passage of an ordinance 
 requires the affirmative vote of at least a majority of all the mem- 
 bers of the common council. Iso ordinance, except a final 
 ordinance involving a local assessment, may be passed by the 
 common council on the same day on which it is introduced, if 
 there is objection to its consideration. An ordinance amended
 
 63 
 
 after introduction does not become a new ordinance unless the 
 president, or the common council upon appeal from his ruling, 
 rules that the amendment is so substantial as to constitute a new 
 ordinance. 
 
 § 123. Procedure after passage of ordinance. — Every ordi- 
 nance of the common council must immediately after its passage 
 be separately engrossed and signed by the president and attested 
 by the clerk. The clerk must thereupon present the same to the 
 mayor. If the mayor approve it he must sign it ijud return it to 
 the clerk, and the ordinance thereupon takes elfect. If he disap- 
 prove it, he must return it to the clerk with his objections stated 
 in writing, and the clerk' must present the same with such 
 objections to the common council at its next regular meeting. The 
 common council may, within thirty days thereafter, reconsider 
 the same; if, after such reconsideration, three-fourths of all the 
 members of the common council vote to pass the ordinance the 
 same takes effect notwithstanding the objections of the mayor, 
 unless a greater number of members were necessary according to 
 the provisions of this act for the original passage of the ordinance, 
 in which case unless as many members as were requisite for the 
 original passage of the ordinance vote to pass the ordinance it does 
 not take effect. If any ordinance is not returned by the mayor to 
 the clerk within ten days after it has been presented to him, or 
 if such ordinance is returned within such period without the 
 mayor's approval or disapproval, the same takes effect in like 
 manner as if the mayor had approved and signed it. If any ordi- 
 nance presented to the mayor contains several items of appropria- 
 tion of money or embraces more than one distinct subject, the 
 mayor may approve the provisions relating to one or more items or 
 one or more subjects and disapprove the others. In such case those 
 items or subjects which he approves take effect and he must append 
 to the ordinance at the time of signing it a statement of the itema 
 or subjects which he disapproves and said items or subjects so 
 disapproved do not take effect. He must return to the clerk a copy 
 of such statement and the items or subjects disapproved may be 
 Chap. 755 5
 
 64 
 
 separately reconsidered by the common council and become effect- 
 ive if again passed by it as above provided. All the provisions of 
 this section in relation to ordinances disapproved by the mayor 
 apply in cases in which he disapproves any item or subject con- 
 tained in an ordinance appropriating money or embracing more 
 than one distinct subject. 
 
 § 124. Record 'of ordinances. — Every ordinance must, upon its 
 taking effect as herein provided, be recorded in a book kept for that 
 purpose by the clerk. Such record includes the signature of the 
 president, attestation of the clerk and the mayor's written ap- 
 proval, or in case of his disapproval a memorandum of its passage 
 over his veto ; or in case the ordinance took effect because he failed 
 to approve or disapprove and return within ten days, then a 
 memorandum to that effect. The original engrossed ordinances 
 for each year must be bound together and kept in the custody of 
 the clerk. 
 
 § 125. Ordinances and proceedings as evidence. — The printed 
 minutes of the common council and the printed ordinances of the 
 common council heretofore or hereafter published, certified by the 
 city clerk under the city seal or printed or purporting to be 
 printed under authority of the cammon council, or purporting to 
 be the printed minutes or printed ordinances of the common 
 council, are presumptive evidence of the ordinances, resolutions, 
 by-laws and rules contained therein, of the reports, communica- 
 tions, petitions and documents presented to the common council 
 contained therein, of the acts and recitals of occurrences contained 
 therein, of all proceedings of the common council and of all other 
 matters contained therein, and are presumptive evidence of the 
 due adoption, signing by the mayor and publication of all ordi- 
 nances contained therein. A certificate signed by the city clerk 
 under the city seal, certifying to the contents, adoption, signing 
 and publication of an ordinance or of any of said facts, is pre- 
 sumptive evidence of the facts contained in such certificate. 
 
 § 126. Injunctions to restrain violations of ordinances The
 
 65 
 
 city of Rochester may maintain actions in courts of record of com- 
 petent jurisdiction to restrain violations of penal and other 
 ordinances of the common conncil. 
 
 § 127. Power to incur expense restricted. — Ko member or 
 committee of the common council has power to employ any person, 
 incur any expense, or purchase any material for or on behalf of 
 the city or any of its officers, boards or departments, except as 
 otherwise expressly provided in this act, 
 
 ARTICLE \a. 
 
 DEPARTMENT OF FINANCE. 
 
 Section 138. Fiscal year. 
 
 139. Comptroller. 
 
 140. Duties of comptroller. 
 1-11. Annual financial statement. 
 
 142. Claims against city must be audited. 
 
 143. Form and audit of claims. 
 
 144. Claim for taxes. 
 
 145. Report of cost of public improvements and work. 
 14G. Report as to certain specific improvements. 
 
 147. Management of Mount Hope funds. 
 
 148. Management of police and fire pension funds. 
 140. Management of teachers' retirement fund. 
 
 150. Managemenf of sinking funds. 
 
 151. General sinking fvmd. 
 
 152. Water sinking fund. 
 
 153. Water distributing sinking fund. 
 
 154. Hemlock lake watershed sinking fund. 
 
 155. Park sinking fund. 
 
 156. High school sinking fund. 
 
 157. School sinking fund. 
 
 158. Public market sinking fund. 
 
 159. Local improvement fund. 
 
 160. Accounts with treasurer.
 
 66 
 
 Section 161. Examination of books. 
 
 1G2. Duties and powers of treasurer. 
 
 103. Custodian of pension funds. 
 
 164. Deposits and accounts. 
 
 165. Collection of taxes by city treasurer. 
 
 166. Rates of interest on taxes. 
 
 167. Publication of notices. 
 1(58. Warrants for taxes. 
 
 169. Collectors' sales and notice. 
 
 170. Disposition of surplus on collectors' sales. 
 
 171. Publication of taxes due. 
 
 172. Items added to annual tax to be collected as a part 
 
 thereof. 
 
 173. Time assessments become due and interest tbereon. 
 
 174. Publication of notice for payment of local assess- 
 
 ments. 
 
 175. Warrant for local assessment. 
 
 176. Unpaid assessments to be inserted in annual tax 
 
 rolls. 
 
 Section 138. Fiscal year — The fiscal year of the city com- 
 mences on the first day of January. 
 
 § 139. Comptroller — The comptroller is the chief fiscal officer 
 of the city and has power to appoint to hold office during his 
 pleasure a deputy and such other subordinates as may be pre- 
 scribed by the board of estimate and apportiomnent. 
 
 § 140. Duties of comptroller. — It is the duty of the comp- 
 troller to superintend the fiscal concerns of the city and to manage 
 the same pursuant to law and the ordinances of the common coun- 
 cil ; to keep a separate account with every department, board, 
 bureau, court, office, appropriation and fund for which moneys 
 are appropriated in the annual estimate or raised by assessment ; 
 to require all checks and drafts for the payment of claims against 
 the city to state particularly against which of such departments, 
 boards, bureaus, courts, offices, appropriations or funds the checks
 
 67 
 
 or drafts are drawn, and not to permit any of the appropriations 
 for the same including the moneys lawfully added thereto to be 
 overdrawn, or claims chargeable to one fund to be charged to 
 another, and to render quarterly, and at other times if requested, 
 a detailed report to the mayor and common council of the funds 
 and financial condition of the city, and to perform such other 
 duties as may from time to time be prescribed by law or by ordi- 
 nance of the common council. 
 
 § 141. Annual financial statement. — The comptroller must, as 
 soon as possible after the close of each fiscal year, prepare and 
 cause to be published in book or pamphlet form, a full and accu- 
 rate statement in detail, verified by him, showing the receipts and 
 revenues of the city from all sources and the accounts due to the 
 city and uncollected at the close of the fiscal year, the disburse- 
 ments from all city funds and expenditures in all branches of the 
 city government during the fiscal year, the indebtedness of the city 
 at the close of the fiscal year, the provisions made for the pay- 
 ment thereof, together with the purposes for which it was in- 
 curred; also showing the several funds belonging to the city, the 
 amount drawn on each fund, and the debts and obligations of the 
 city, the character thereof, the time the same are payable and the 
 rate of interest on each. 
 
 § 142. Claims against city must be audited. — Except as other- 
 wise provided in this act in relation to claims for damages and 
 injuries, all claims against the city must be presented to and 
 audited by the comptroller before payment. 
 
 § 143. Form and audit of claims.— Claims must be filed with 
 the comptroller in the name of the person, firm or corporation 
 presenting the same, in the form prescribed by the comptroller, 
 verified by or on behalf of the claimant and approved by the head 
 of the department, president of the board, judge of the court, or 
 officer whose action gave rise. or origin to the claim; except that 
 no written claim is required fnr ])riucipal and interest on city 
 bonds and notes, and no verification is required on claims for 
 taxes, judgments, compromised claims and fixed salaries or com-
 
 68 
 
 . pensatidii nf j'ciiiiliir oliiccrs, ciiiplKyccs and laboi'ors of the city. 
 The comptroller must, on JMonday of every week, cause claims 
 presented to him or the substance thereof to be printed in the- 
 official papers, and he must take no action thereon until at least 
 five days after such publication. The provisions of this section 
 relating to the publication of claims and length of time elapsing 
 thereafter, do not apply to principal and interest of city bonds and 
 notes, to taxes, judgiuents, compromised claims and fixed salaries 
 or compensation of regular officers, employees and laborers of the 
 city, or to claims under contracts made with the city for more than 
 two hundred and fifty dollars ; but such claims must thereafter be 
 published with the amount at which each was audited, in the man- 
 ner claims presented are published. The power of the comptroller 
 to audit claims for principal and interest of city bonds and notes, 
 claims for taxes, judgments, compromised claims and fixed 
 salaries or compensation of regular officers, employees and 
 laborers of the city, claims under contracts made with the city for 
 more than two hundred and fifty dollars, claims for judgments, 
 and other claims in which the amount is fixed by or pursuant to 
 law, does not include the right to reduce the amount legally due 
 thereon. The comptroller may pay the claim at any time after 
 audit unless the claim is audited at less than the amount claimed 
 or objections thereto have been filed by any official or taxpayer of 
 the city, in which case, the comptroller must, as Soon as possible 
 after taking action thereon, serve a statement of such action by 
 mail or otherwise on the claimant and the person filing objections 
 and must not pay such claim until the time to appeal has expired, 
 and if an appeal is taken, until after the decision of the board of 
 estimate and apportionment thereon. The claimant may, within 
 fifteen days after service upon him of the statement of the action 
 of the comptroller, or any officer or taxpayer of the city may 
 within fifteen days after the action of the comptroller, appeal to 
 the board of estimate and apportionment from an audit made by 
 that official. All claims with the certificate of audit of the comp- 
 ti oiler or the board of estimate and apportionment endorsed
 
 69 
 
 thereon must be filed in tlie ofiice of the treasurer and remain a 
 record therein. 
 
 § 144. Claim for taxes. — ISTo tax upon municipal property 
 must be paid until the claim therefor is presented to the comp- 
 troller by the collector or other olficer charged with the collection 
 thereof, and the city may pay any tax with an addition thereto 
 of one per centum for collector's or other fees, within thirty days 
 after the claim therefor is presented to the comptroller. 
 
 § 145. Report of cost of public improvements and work The 
 
 entire expense to be assessed upon the property benefited of any 
 public improvement or work, must be ascertained by the comp- 
 troller, including any damages or awards for the taking of real 
 estate, rights or easements, and all expenses incident to the mak- 
 ing of the improvement or work or the assessment therefor, to- 
 gether with any interest paid or accrued at the time of the 
 computation on bonds, notes or other obligations issued by the city 
 to pay the expenses of such improvement or work, and interest on 
 such total amount must be reckoned to the time the assessment or 
 first installment thereof becomes due ; and the aggTegate amount 
 thereof must thereupon be reportfd to the assessors by the comp- 
 troller. 
 
 § 140. Report as to certain specific improvements. — The en- 
 tire expense to be assessed upon the property benefited, computed 
 as aforesaid, except that interest on the total amount is to be com- 
 puted to the first day of June following the report, of numbering 
 houses, sprinkling streets, cleaning streets, care, embellishment 
 and maintenance of streets and cleaning of sidewalks, done pur- 
 suant to ordinances of the common council, must be reported to the 
 assessors by the comptroller on or before the first day of March 
 in each year. 
 
 § 147. Management of Mount Hope funds. — The comptroller 
 under the direction of the Mount IIoi)e commission has the invest- 
 ment and management of the Blount Hope re])air fund, the Mount 
 Hope perpetual contract fund, and the M )unt llc;)e sjiecial sec- 
 tion fund, and may with the approval of said commission invest
 
 70 
 
 the funds thereof in bonds and notes of the city and securities 
 in which the trustees of saving banks arc authorized by law to 
 invest deposits, except bonds and mortgages on real estate and 
 railroad bonds. 
 
 § 148. Management of police and fire pension funds. — The 
 comptroller, under the direction of the board of estimate and 
 apportionment, has the investment and management of the police 
 and fire pension funds, and may, with the approval of the board 
 of estimate and apportionment, invest the moneys thereof in 
 bonds and notes of the city and other securities. lie must report 
 to the common council in detail the condition of each of the 
 funds at the close of each fiscal year. 
 
 § IttO. Management of teachers' retirement fund. — The comp- 
 troller, under the direction of the board of trustees of tlie teachers' 
 retirement fund, has the investment and management thereof, 
 and may, with the approval of the board of trustees, invest the 
 moneys thereof in bonds and notes of the city and other securities. 
 
 § 150. Management of sinking funds. — The comptroller, un- 
 der the direction of the board of estimate and apportionment, has 
 the investment and management of sinking funds, and may, with 
 the approval of the board of estimate and apportionment, invest 
 the funds thereof in bonds and notes of the city and other 
 securities. 
 
 § 151. General sinking fund. — The general sinking fund is 
 continued with the moneys now contained therein. There must be 
 placed to the credit of said fund each year any unexpended bal- 
 ances of the appropriations made for the support of the city gov- 
 ernment for the previous year, and any surplus revenues received 
 and not expended by the city the previous year, except revenues from 
 Mount Hope cemetery, unless such unexpended balances or revenues 
 are directed by this charter or by law to be otherwise applied; also 
 any percentage of gross receipts paid to the city by any street 
 surface railway company, provided such gross receipts are not 
 deducted from taxes paid or owing by said railway company;
 
 71 
 
 also any surplus remaining in. a sinking fund after the re- 
 demption of the bonds to pay which the sinking fund is created, 
 except sinking funds created for the redemption of water worka 
 bonds. The unexpended balances do not include the moneys 
 of the fiscal year lawfully made liable, obligated or contracted 
 to be paid, and not paid at the end of the year; but the 
 same must be retained to apply on such liability, obligation or 
 contract. The moneys in the general sinking fund may be used 
 to retire bonds of the city now or hereafter issued for which no 
 sinking fund or an insufficient sinking fund is provided. 
 
 § 152. Water sinking fund. — The water sinking fund is con- 
 tinued with the moneys contained therein. There must be added 
 thereto each year the sum of thirty thousand dollars from water 
 rates received by the city ; also all surplus of water rates received 
 by the city remaining after the payment of operating expenses, 
 salaries, extensions, betterments, repairs and maintenance of the 
 water works system, and of interest upon bonds issued for the 
 construction, extension, betterment, repair and maintenance of 
 the water works system; also all moneys remaining in special 
 sinking funds created for the redemption of water works bonds 
 remaining therein after such bonds are paid. The moneys in the 
 water sinking fund may be used for the purpose of redeeming 
 bonds of the city now or hereafter issued for the construction, 
 extension, betterment, repair and maintenance of the water works 
 system and for the redemption of which there is no sinking fund 
 or an insufficient sinking fund provided. 
 
 § 153. Water distributing sinking fund. — The water distribut- 
 ing sinking fund is continued with the moneys contained therein. 
 The sum of fifteen thousand dollars must be raised in the annual 
 taxes and added thereto each year until said fund contains a sum 
 sufficient to pay and redeem the water distributing bonds. 
 
 § 154. Hemlock lake watershed sinking fund. — The Hemlock 
 lake watershed sinking fund is continued with the moneys con- 
 tained therein. The sum of eighteen thousand five hundred del-
 
 Y2 
 
 lars must bo raised in the annual taxes and added thereto each 
 year until said fund contains a sum sufficient to pay and redeem 
 the Hemlock lake watershed bonds. 
 
 § 155. Park sinking fund. — The park sinking fund is con- 
 tinued with the moneys contained therein. The sum of three 
 thousand six hjmdred dollars must be raised in the annual taxes 
 and added thereto each year until said fund contains a sum suffi- 
 cient to pay and redeem the park bonds or any re-issue thereof. 
 
 § 15G. High school sinking fund. — The high school sinking 
 fund is continued with the moneys contained therein. There 
 must be added thereto each year until the high school bonds are 
 paid and redeemed the balance remaining unexpended at the end 
 of the fiscal year of the moneys appropriated for the department 
 of public instruction and of school moneys appropriated to or 
 provided for the city of Rochester ; and if the sum so anexpended 
 does not amount to thirty thousand dollars in any year, then the 
 treasurer of the city of Rochester must transfer to said fund from 
 the moneys appropriated the succeeding fiscal year for the depart- 
 ment of public instruction, a sum which, with such unexpended 
 balance, will equal the sum of thirty thousand dollars. 
 
 § 157. School sinking fund. — For the purpose of providing 
 a school sinking fund to pay and redeem school bonds now or here- 
 after issued, authorized by chapter five hundred and forty-nine 
 of the laws of nineteen hundred and six, the treasurer must, in 
 the year nineteen hundred and eleven and in each year thereafter 
 until said fund contains a sum sufficient to pay and redeem such 
 bonds, take from the moneys appropriated for the department of 
 public instruction, the sum of twenty-five thousand dollars and 
 credit the same to the school sinking fund. 
 
 § 158. Public market sinking fund. — The public market sink- 
 ing fund is continued with the moneys contained therein. There 
 must be added thereto all revenues from hucksters' licenses ex- 
 cept the part thereof directed to be paid into the police pension 
 fund, and an annual sum raised by taxation or taken from the
 
 73 
 
 rcvcnnes of the market, sufficient to redeem at maturity the pub- 
 lic market bonds. ' "''^f :^' 
 
 S ir)0. Local improvement fund. — The local improvement fund 
 is continued with the moneys contained therein. There must be 
 placed to the credit of said fund the proceeds of the sale of all 
 bonds and notes issued for or upon account of public improve- 
 ments or work involving a local assessment, and all amounts col- 
 • lected by the treasurer upon assessments and charges for public 
 improvements and work involving a local assessment, including 
 all interest collected thereon. There must be paid therefrom all 
 bonds and notes heretofore or hereafter issued for or upon ac- 
 count of public improvements or work involving local assess- 
 ments and the interest thereon, and all costs and expenses of 
 public improvements or work involving local assessments hereto- 
 fore made and remaining unpaid or hereafter made. 
 
 § lt;0. Accounts with treasurer. — The comptroller must keep 
 an account between the city and the treasurer of all moneys re- 
 ceived and disbursed by the treasurer, and for that purpose he 
 must procure daily statements from tbe treasurer as to the moneys 
 received and disbursed by him, and must also procure from the 
 banks in which the city funds are deposited by the treasurer, 
 monthly statements of the moneys received and paid out on ac- 
 count of the city. He must also from time to time examine the 
 treasurer's books, accounts and bank books and ascertain as to 
 their correctness. 
 
 § J.61. Examination of books. — The comptroller has power at any 
 time to examine the books and accounts of any department, board, 
 bureau, court or officer of the city. 
 
 § 162. Duties and powers of treasurer. — The treasurer may 
 appoint to hold office during his pleasure, a deputy and such other 
 subordinates as may be prescribed by the board of estimate and 
 apportionment ; and it is his duty to demand, collect, receive, and 
 have the care and custody of, and to disburse, all moneys belonging 
 to or due the city from any source, and to deposit all moneys re-
 
 74 
 
 ccivcd by him in siicli banks or trust companies as may be desig- 
 nated by the board of estimate and a})i)ortionment for that 
 purpose; and no money may be drawn from such banks or trust 
 companies except on che(d<s or drafts signed })y the treasurer and 
 countersigned by the comptroller and made payable to the person 
 entitled to receive the same, unless such moneys are drawn for 
 public use in the treasurer's office, in which case the checks or 
 drafts must be made payable to the order of the treasurer. No 
 money must be paid out by him except upon audit of the comp- 
 troller. The treasurer must keep a separate account with every 
 department, board, bureau, court, office, appropriation and fund 
 for which moneys are appropriated in the annual estimate or 
 raised by assessment, and must in every check or draft drawm by 
 him state particularly against which of such funds it is drawn, un- 
 less the money is drawn for use in his office. He must at no time 
 permit any of the appropriations for the same including moneys 
 lawfully added thereto to be overdrawn, or a claim chargeable to 
 one fund to be charged to another. He must perform such other 
 duties as may from time to time be prescribed by law or by 
 ordinance of the common council. 
 
 § 163. Custodian of pension funds. — The treasiu-er is the 
 custodian of the police pension fund, fire pension fund, and 
 teachers' retirement fund ; and all pensions granted in pursuance 
 of the provisions of this act and payable from any of said funds 
 must be paid out on a check or draft signed by the treasurer and 
 countersigned by the comptroller. 
 
 § 164. Deposits and accounts. — All moneys deposited by the 
 treasurer must be placed to the credit of the city, and the interest 
 thereon is the property of the city and must be accounted for and 
 credited to the appropriate fund. The treasurer must keep bank 
 books containing entries of his accounts or deposits in and moneys 
 drawn from the banks or trust companies. He must exhibit such 
 books to the comptroller for his inspection at least once a month, 
 and oftener if required, and the banks or trust companies in which
 
 75 
 
 such deposits are made must transmit to the comptroller monthly 
 statements or evidences of the moneys received and paid out by 
 them on account of the city. 
 
 § 1G5. Collection of taxes by city treasurer. — The city treas- 
 urer must, on the first day of May in each year, proceed to collect 
 and receive taxes from the several persons named in the annual tax 
 rolls, and must immediately after receiving the rolls give public 
 notice by advertisement in the official papers that all persons 
 named in the tax rolls are required to pay their taxes to him at his 
 office on and after the first day of May and before the fifteenth 
 day of the following September, and stating the amounts to be 
 added if payment is not made. 
 
 § 16G. Rates of interest on taxes. — The city treasurer must 
 receive the amount of any tax levied in the annual tax rolls during 
 the month of May without interest; and to all amounts not paid 
 on or before the thirty-first day of May succeeding the levying of 
 the tax, there is added and becomes a part of said tax, and must 
 be collected by the city treasurer, the following interest : If paid 
 during the month of June, an addition of one per centum; if paid 
 during the month of July, an- addition of two per centum; if paid 
 after the last day of July and on or before the fifteenth day of 
 August, an addition of three per centum ; if paid after the fifteenth 
 and on or before the last day of the month of August, an addition 
 of four per centum ; if paid after the last day of August and on 
 or before the fifteenth day of September, an addition of five per 
 centum; and if paid at any time after the fifteenth day of Sep- 
 tember, such addition of five per centum and also interest from 
 that date upon the whole sum at the rate of twelve per centum 
 per annum. 
 
 § 167. Publication of notices — The city treasurer must, imme- 
 diately after the last day of August, give notice by publication for 
 ten days in all the daily newspapers of the city, that all persons 
 who have omitted to pay their taxes must pay the same to him at 
 his office on or before the fifteenth day of September.
 
 70 
 
 § l(iS. Warrants for taxes. — It is the duty of the city treas- 
 urer upon all taxes remaining unpaid on the fifteenth day of 
 October in each year, to issue as many warrants as he may deem 
 proper, under his hand and directed to any person whom he may 
 see fit to appoint a collector of the taxes specified in such warrant, 
 commanding such person to levy the amount of such tax and such 
 additional amount of five per centum interest, except that in no 
 case is the amount so added to be less than twenty-five cents, and 
 also interest upon the whole sum at the rate of twelve per centum 
 per annum from the preceding fifteenth day of September, and 
 the fees of said collector, by distress and sale of goods and chattels 
 of the person against whom the said warrants are issued, or of 
 any goods and chattels in his possession, wheresoever the same are 
 found within the city, and to pay the same to the city treasurer, 
 and to return such warrant within twenty days after the da*^e 
 thereof; and no claim of property to be made to such goods and 
 chattels so found in possession of the said party is available to 
 prevent a sale. After the return of any warrant, the treasurer, 
 if he deem expedient, or if so directed by the common council, 
 may issue a second or subsequent warrant for the taxes still re- 
 maining unpaid, with said percentage, interest and fees. Every 
 collector holds his appointment during the pleasure of the treasurer 
 and may at any time be removed or suspended by him, and the 
 treasurer and his sureties are liable for any collector and for all 
 moneys that may be collected or received bv him. Xo warraat 
 must be delivered to any collector until lie lias executed and de- 
 livered to the treasurer a bond to the city of Rochester with two 
 or more sureties, approved by the treasurer, conditioned for the 
 faithful performance of his duties as a collector of the taxes 
 specified in such warrant and for the faithful accounting and 
 paying over to the treasurer of all moneys that he may collect or 
 receive under such warrant, and the treasurer must immediately 
 file such bond in the office of the clerk of the county of ]\ronr-io, 
 and the same becomes a lien upon the real estate situate in said 
 county of all persons executing such bond. If any collector fail
 
 77 
 
 to return any warrant issued to him as therein required, or fail to 
 pay over to said treasurer all moneys collected or received by him, 
 or fail to render a full and true account thereof, the supreme 
 court or any justice thereof, on the application of the treasurer 
 or of the city of Rochester, has jurisdiction on proof by affidavit 
 or otherwise, to summarily enforce such return, payment or 
 accounting, or all, as the case may be, by attachment and proceed- 
 ings thereon in the same manner as if such collector were a sheriff 
 or officer of that court. The fees of a collector are five per centum 
 on the moneys collected by him, and while a warrant for a tax 
 is in a collector's hands if such tax is paid to the treasurer, he 
 must collect for the benefit of the collector such fee of five per 
 centum. 
 
 § 109. Collectors' sales and notice. — The collectors must give 
 public notice of the time and place of sale of property distrained 
 by them, at least six days previous to the sale, by notice posted 
 up in at least three public places in the city, and the sale must 
 be by public auction on the court house steps. 
 
 § 170. Disposition of surplus on collectors' sales, — If the 
 property distrained be sold for more than the amount of the tax 
 percentage, interest and the costs, charges and expenses of such 
 distress and sale, the surplus must be returned to the person in 
 whose possession such property was Avhen distress was made, if no 
 claim be made to such surplus by any other person. If any other 
 person claim such surplus on the gTound that the property sold 
 belonged to him and such claim be admitted in writing by th^ 
 person for whose tax the same was distrained, the surplus must 
 be paid to such owner ; but if such claim be contested by the person 
 for whose tax the property was distrained, the surplus money 
 must be paid by the collector into the city treasury, there to be 
 retained as a special deposit until the rights of the parties are 
 determined by due course of law. 
 
 § 171. Publication of taxes due. — The city treasurer must' 
 cause to be published in one or more of the daily papers of said 
 pity on some day in the month of December of each year, a list of
 
 73 
 
 tho several lots cand parcels of land on which taxes levied for the 
 current year remain unpaid, describing therein each lot and parcel 
 of land in the same manner snhstantially as the same is described 
 in the tax roll, too'cthcr with the name of the person to whom each 
 parcel is assessed and the amount of the tax thereon ; and also a 
 list of all taxes for the current year assessed upon account of per- 
 sonal property remaining unpaid stating the person against whom 
 assessed and the amount thereof. Notice of the dny on which and 
 of the papers in which said list will be published must be given 
 by the treasurer by publication in not less than four daily newi- 
 papers of said city at least ten days previous to the publicatio-: 
 of said list. The sum of fifty cents must be collected as a part o*^ 
 each tax so published as aforesaid. The city treasurer must de- 
 liver to the corporation counsel in the month of January of each 
 year a list of all taxes upon account of personal property due and 
 remaining unpaid, and of all taxes upon real property remaining 
 uuf aid, which have been due and owing more than one year 
 previous thereto. 
 
 § 172. Items added to annual tax to be collected as a part 
 thereof. — - Local assessments and installments thereof, expenses of 
 public improvements and work apportioned upon the property 
 deemed benefited, water frontage taxes, water rates, expenses of 
 cleaning and repairing sidewalks, and all other items, including 
 the additions thereto, inserted in the annual tax rolls against real 
 property, become a part of the annual tax upon the respective lots 
 or parcels of land against which such items are charged, and the 
 whole thereof becomes one tax and must be collected as such, 
 except that the treasurer may in his discretion receive the annual 
 tax upon a lot or parcel of land without some or all of the amounts 
 added thereto. All of the provisions of this act relating to tne 
 collection of annual taxes including interest, fees and penalties 
 thereon, and all other provisions relating to annual taxes are in- 
 tended to refer to annual taxes and all sums added thereto and 
 made a part thereof. After an annual tax is collected, the 
 amounts added thereto for local assessments or installments
 
 79 
 
 thereof, expenses of numbering houses, sprinkling, cleaning, care, 
 embellishment and maintenance of public streets, highways and 
 places done pursuant to ordinances of the common council, with 
 the interest collected thereon, must be added to the local improve- 
 ment fund ; and the amounts added thereto for water f rontag3 
 taxes and water rates, with the interest collected thereon, must 
 be added to the revenues of the water works for the year in which 
 the tax was levied, and in the case of water rates for the year in 
 which the water rates were charged and became due. 
 
 § 173. Time assessments become due and interest thereon. — A 
 local assessment, if payable in one sum, or the first Installment it 
 payable in installments, becomes due on the first day of the month 
 following the month in which the assessment roll is received by 
 the city treasurer, if it is received on or before the fifteenth day of 
 the month ; and if received after the fifteenth day of the month, 
 then such assessment or installment becomes due and payable on 
 the fifteenth day of the month following the month in which the 
 assessment roll is received ; and if payable in installments, succeed- 
 ing payments become due in each succeeding year on the day and 
 month the first installment became due. The treasurer must col- 
 lect and receive, in addition to the amount due on any assessment 
 or installment, interest thereon at the rate of six per centum per 
 annum from the date the assessment became due, if payable in 
 one sum, or from the date the first installment became due if 
 payable in installments; at any time after the first installment 
 becomes due the whole assessment or any installment or install- 
 ments thereof and accrued interest may be paid. 
 
 8 174. Publication of notice for payment of local assessments. — ■ 
 After a local assessment roll is delivered to the city treasurer, 
 he must give five days' public notice in the official papers of thi 
 receipt of such roll, requiring the persons assessed or the ownero 
 or occupants of the lots assessed to pay the same to him at his 
 office. 
 
 § 175. Warrant for local assessment. — If an assessment or any 
 
 installment thereof is not paid when due, the city treasurer may 
 Chap. 755 6
 
 8*) 
 
 in his discretion issue a warrant or warrants for the collectiou 
 thereof, together with interest, penalties and collector's fees, in 
 the same manner and form and subject to the same restrictions 
 and conditions as provided for a warrant for the collection of 
 annnal city taxes. If an assessment is paid after a warrant is 
 issued and before it is reported to the a3Si?ssors, the collector's 
 fees must be added to and collected as a part of said assessment, 
 even though the warrant has been returned. 
 
 § 170. Unpaid assessments to be inserted in annual tax rolls. 
 — In case any assessment or installment thereof has become due 
 on or before the first day of March of any year, and the whole or 
 any part thereof remains unpaid, it is the duty of the city treas- 
 urer, on or before the first day of May following, to insert the 
 same in the annual tax rol]'^ for the current year against the re- 
 spective lots or parcels of land on which the assessments were 
 originally levied, with an addition to each assessment or install- 
 ment of ten per centum per annum from the time when due to the 
 first day of June following the insertion. After the first day of 
 March and before the first day of May following, the treasurer 
 may in his discretion receive the amount of any assessment or in- 
 stallment inserted or to be inserted in the annual tax rolls for the 
 current year with the aforesaid addition of ten per centum. 
 
 AETICLE VII. 
 
 Department of Assessment and Taxation. 
 
 Section 187. Board of assessors. 
 
 188. Annual tax rolls. 
 
 189. Insertion of local assessments in tax rolls. 
 
 190. Insertion of taxes in annual tax rolls and delivery 
 
 of same to treasurer. 
 
 191. Assessment roll for local improvements. 
 
 192. All lands liable to local assessment, except Mount 
 
 Hope cemetery. 
 
 193. Apj)ointment of special assessors. 
 
 194. Notice to hear allegations.
 
 81 
 
 Section 195. Hearing of allegations. 
 
 196. Verification of assessment roll. 
 
 197. Effect of assessment. 
 
 198. State lands. 
 
 199. Lien of taxes and assessments. 
 
 200. Taxes and assessments validated. 
 
 201. Deeds to be delivered to assessors before recording. 
 
 202. Maps of subdivisions of lands to be filed with as- 
 
 sessors. 
 
 203. Procedure to review local assessments. 
 
 204. Appeals from orders as to assessments. 
 
 205. Consolidation of proceedings. 
 
 206. Assessments not to be otherwise reviewed. 
 
 207. Action to recover money paid upon assessments. 
 
 208. Amendment and certification of rolls for county 
 
 taxes. 
 
 209. Supervisors to levy taxes and annex warrants to 
 
 tax rolls. 
 
 210. iNTotice to pay county taxes; interest. 
 
 211. Publication of notice to persons omitting to pay 
 
 county taxes. 
 
 212. Warrants for collection of county taxes. 
 
 213. Collectors' sales and notices. 
 
 214. Disposition of surplus on county tax collectors' sales. 
 
 215. Other proceedings for the collection of county taxes. 
 
 Section 187. Board of assessors. — The head of the department 
 of assessment and taxation is the board of assessors, composed of 
 the assessors, and it must annually elect one of its members presi- 
 dent thereof; it may adopt rules for the transaction of its business, 
 and appoint such subordinates as the board of estimate and appor- 
 tionment may prescribe. 
 
 § 188. Annual tax rolls. — The annual tax rolls are prepared 
 by the assessors on or before the fifteenth day of January in each 
 year, the assessment of property for each ward being in a separate 
 book provided for that purpose, and they must contain, as nearly
 
 82 
 
 as can be ascertained, all real and personal property in the city 
 liable to taxation and the value of the same as determined by the 
 assessors, except as the fixing of valuatiim is by law or this charter 
 otherwise provided. It is not necessary for non-residents to be 
 designated therein as snch or non-resident property to be placed 
 in separate parts of the tax rolls. Real estate may be taxed 
 in the name of the owner or occupant thereof or by any descrip- 
 tion by which it may be distingnished withont reference to the 
 owner or occupant thereof; and a tax thereon is not invalid as 
 against the real estate by reason of the omission of the name of 
 the owner or occupant thereof, or both, or because of any error in 
 the name of the person or corporation taxed therefor. After the 
 tax rolls have been prepared, the assessors mnst meet at their 
 office to hear the allegations and objections of all persons in- 
 terested in the assessments contained therein, of which at least 
 ten days' previous notice must be given by publication in all the 
 daily papers published in the city. At the time and place desig- 
 nated in said notice, and for ten consecutive days thereafter ex- 
 clusive of Sundays, the assessors must meet and h^ar allegations 
 and objections, and the tax rolls must be open to the examination 
 and inspection of all persons interested, between the hours of nine 
 and twelve in the morning and two and four in the afternoon. The 
 assessors may add to the tax rolls any real or personal property 
 omitted from the tax rolls of the previous year, at such valuation 
 as they deem proper. The assessors may add real or personal 
 property to the tax rolls or increase the value of real or personal 
 property therein, at any time after the fifteenth day of Janu- 
 ary and before the verification of the rolls, upon giving the 
 owner of such property an opportunity to be heard, upon at least 
 three days' personal notice. The assessors may amend and correct 
 the tax rolls as they deem proper. A statement of the lots liable 
 to the water frontage tax as reported by the commissioner of 
 public works, must on or before the first day of April in each 
 year, be inserted by the assessors in the annual tax rolls. The 
 expenses as reported by the comptroller of numbering houses,
 
 83 
 
 sprinkling, cleaning, care, embellishment and maintenance of pub- 
 lic streets, highways and places, and cleaning of sidewalks done 
 pursuant to ordinances of the common council, which have then 
 been reported to the assessors, must on or before the first day of 
 April in each year, be inserted by the assessors in the annual tax 
 rolls upon all the lots and parcels of land in the respective portions 
 or parts of the city directed by the respective ordinances to be 
 assessed therefor, apportioned upon each lot and parcel of land 
 according to the benefit as nearly as can be ascertained which it is 
 deemed to have received by the improvement or work for which it 
 is assessed. The amounts, as reported by the commissioner of 
 public works, of unpaid water rates and expenses of cleaning and 
 repairing sidewalks done under the direction of the commissioner 
 of public works, and all other items required to be inserted in tlie 
 annual tax rolls, except local assessments or installments thereof 
 which have then been reported to the assessors, must, on or before 
 the first day of April in each year, be inserted by the assessors 
 in the annual tax rolls against the respective lots or parcels of land 
 on which the same are a charge or lien or in front of which the 
 work was done. When finally completed, an oath substantially 
 in the following form must be written or printed upon and at- 
 tached to the tax rolls and each of them, sigiied by the assessors 
 or a majority of them, and sworn to before an officer authorized to 
 administer oaths, — namely : " We, the undersigned, do sever- 
 ally depose and swear that we have set down in the foregoing tax 
 roll all the real estate situated in the ward, according to 
 
 our best information ; and that with the exception of those cases in 
 which the value of the said real estate has been changed by reason 
 of proof produced before us, w'e have estimated the value of the 
 said real estate at the sums which the majority of the assessors have 
 decided to be the full value thereof; and also that the tax roll 
 contains a true statement of the aggregate amount of the taxable 
 jfcrsonal estate of each and evei-y person or corporation named in 
 such roll, over and above the amount of debts due from such per- 
 sons or corporations, respectively, and excluding such stocks as are
 
 84 
 
 otherwise taxable, niid sncli oilier property as is exempt by law 
 from taxation, at the full value tlicsreof, according to our best 
 judgment and belief." After being sworn to as aforesaid the tax 
 rolls must, on or before the first day of April in each year, be 
 delivered to the city clerk. 
 
 § 189. Insertion of local assessments in tax rolls The asses- 
 sors mnst permit the treasurer to have access to or possession of the 
 tax rolls for the purpose of inserting therein unpaid local assess- 
 ments, and installments thereof. 
 
 § 1<)0. Insertion of taxes in annual tax rolls and delivery of 
 same to treasurer. — The assessors must insert in the annual tax 
 rolls confirmed by the common council the taxes levied by that 
 body. Every annual city tax creates a debt and personal obligation 
 in favor of the city and against tlie ])ei'son or corporation taxed. 
 provided that at the time of the preparation of the tax rolls con- 
 taining the same the person or corporation taxed is a resident of 
 the state of N'ew York, and in case of a tax upon real estate, the 
 owner or occupant thereof. To each of the tax rolls there must 
 be annexed a warrant under the hand of the maj'or and the seal 
 of the city, commanding the city treasurer to collect from the sev- 
 eral persons named in the tax rolls the several sums levied as taxes 
 in the columns of such rolls according to the provisions of this act, 
 and such tax rolls miist be delivered to the treasurer on or before 
 the twentieth day of April in each year. 
 
 § 191. Assessment roll for local improvements Upon the 
 
 receipt of the report of the comptroller as to the expense of a 
 public improvement or work to be assessed upon the property bene- 
 fited, except the expenses of numbering houses, sprinkling streets, 
 cleaning streets, care, embellishment and maintenance of streets, 
 and cleaning of sidewalks, done pursuant to ordinances of the com- 
 mon council, which are inserted directly in the annual tax rolls, 
 the assessors if they are not interested in any of the property 
 directed by the common council to be assessed as benefited, and 
 if any two of them are not so interested, then such two, nmst 
 make an assessment upon all the lots and parcels of land within
 
 85 
 
 the portion or part of the city directed to be assessed, apportion- 
 ing the expense upon each lot and parcel of land according to the 
 benefit as nearly as can be ascertained which it is deemed to have 
 received by the making of snch improvement or work, and for 
 that pnrpose mnst make ont an assessment roll in which must 
 be entered the names of the persons assessed so far as they can 
 ascertain the same, the vahie of the property for which they are 
 assessed, and the amount assessed to them, respectively, with a 
 brief description of the lots or parcels of land assessed. 
 
 § 192. AH lands liable to local assessment, except Mount Hope 
 cemetery. — • All lots and parcels of land in the city of Eoch- 
 ester, even thongh exempt from taxation nnder the general laws of 
 the state, are liable to assessment for pnblic improvements and 
 work, except Mount Hope cemetery and lots and plats therein, 
 heretofore or hereafter conveyed as places for the burial of the 
 dead. 
 
 § 193. Appointment of special assessors. — If there is only 
 one assessor not interested in the property directed to be assessed, 
 the common council must appoint a special assessor to act with 
 him in making the assessment, and if all of the assessors are in- 
 terested in the property to be assessed, then the counnnn council 
 must appoint two special assessors to make the assessment. The 
 special assessors must make an affidavit and attach it to the assess- 
 ment roll, to the effect that they are not interested in any of the 
 property to be assessed, and that they will faithfully and impar- 
 tially discharge the duties iuipo^ed upon them ; and their compen- 
 sation must be fixed by the board of estimate and apportionment. 
 
 § 194. Notice to hear allegations. — Immediately after such 
 assessment roll has been completed the assessors must determine 
 the time and place where they will first meet to hear the allega- 
 tions and objections of all persons interested in the assessment, 
 of which previous notice uuist be given by publication in a daily 
 newspaper in said city f^r at least ten days. 
 
 § 195. Hearing- of allegations. — At the time and place des- 
 ignated in such notice the assessors or a majority of them
 
 8G 
 
 innst meet and lioar llic allegations and objections of all persons 
 interested, who ap])ear, and the assessment books must be open 
 for the examination and ins])cction of all parties interested. The 
 assessors may adjourn from time to time as deemed necessary, 
 and may amend or correct such assessment roll as they deem 
 proper. 
 
 § 190. Verification of assessment roll. — AVhen completed, an 
 oath substantially in the following form must be written or printed 
 upon or attached to the assessment roll, and be signed and sworn 
 to by the assessors or a majority of them, namely: ''We (names 
 of assessors), the assessors of the cily of Rochester, being severally 
 sworn, depose and say, and each for himself says, that the fore- 
 going assessment roll was made by them in pursuance of an ordi- 
 nance of the common council; that due legal notice of their meet- 
 ing was given, and the same was by them adopted, after such 
 notice and allegations thereunder, and is, according to the best 
 of their knowledge and belief, a just and true assessment as against 
 the persons or property to be benefited, and according to the benefit 
 derived." And they must sign a certificate substantially in the 
 following form, which must also be written or printed upon or 
 attached to the assessment roll : '" We do hereby certify that the 
 foregoing assessment roll is a true record of our determination 
 of the same, after having heard allegations thereon, and we have 
 fixed the amount assessed to the respective persons and property 
 therein named as therein set forth, and the same is just and true." 
 And thereupon the assessment roll must be delivered to the city 
 clerk. 
 
 § 197. Effect of assessment.-— The assessment against any 
 lot or parcel of land may be nuide in the name of the owner or 
 occupant thereof,' or by any description by which it may be distin- 
 guished without reference to the owner or occupant thereof; and an 
 assessment is not invalid as against the real estate by reason of 
 the omission of the name of the owner or occupant thereof, or both, 
 or because of any error in the name of the -person or corporation 
 assessed therefor. Every assessment creates a debt and personal
 
 87 
 
 obligation in favor of the city and against the person or corpora- 
 tion assessed, provided that at the time of the making of the assess- 
 ment roll preparatory to hearing allegations thereon the person or 
 corporation assessed is a r( sidcnt of the state of Xew York and the 
 OAvner or occupant of the lot or parcel of land assessed, for the 
 collection of which, together with interest, costs and expenses, said 
 city may maintain in its own name an action in any court of cotn- 
 petent jurisdiction, in addition to any other remedies now provided 
 by law for the collection thereof, and such action may be main- 
 tained even tliough said assessment has been added to the annual 
 city tax. ^ 
 
 § 198. State lands. — IS'othing herein contained is intended or 
 is to be deemed to repeal or modify any of the provisions of sec- 
 tion twenty of the public lands law. 
 
 § 199. Lien of taxes and assessments. — All annual taxes and 
 all local assessments heretofore or hereafter levied by the city 
 of Rochester or by its officers, and all water rates heretofore or 
 hereafter charged or assessed by the city of Rochester or by its 
 officers, together with interest, fees and penalties, are and shall 
 be and remain, until actually paid or satisfied or set aside by the 
 common council or. a court of competent jurisdiction, a lien upon 
 the land, tenements or real estate on which or in respect to which 
 the same have been made, from the time of the passage of the 
 ordinances of the common council levying the same in the case of 
 annual taxes, and from the time of the confirmation by the common 
 council of the rolls containing the same in the case of local assess- 
 ments, and from the time the same become due in the case of water 
 rates; and are and shall be a lien on the property assessed prior 
 and superior to all other liens and incumbrances. In case an 
 annual tax or local assessment is levied upon a parcel of land and 
 two or more persons are or become the owTiers thereof, or it is 
 situate in more than one ward, the common council may appor- 
 tion such tax or assessment upon such parcel of land in such man- 
 ner as the assessors may certify to be just, and thereupon such 
 tax or assessment becomes separate.liens upon the respective parts
 
 of such parcel of land and in the respective amounts designated 
 by the common conncil. 
 
 § 200. Taxes and assessments validated. — All annual taxes 
 and local assessments heretofore or hereafter levied and assessed 
 by the city of Rochester or by its officers, together with interest, 
 fees and penalties, are and shall be valid and effectual, notwith- 
 standing any irregularity, omission or error in the proceedings 
 rehitiug to the same or any of them, or in the making, levying 
 or assessment of the same; and all proceedings for the collection 
 of the same are and shall be valid and effectual, notwithstanding 
 any irregularity, omission or error in such proceedings or any of 
 them. All proceedings for the insertion heretofore or hereafter 
 in the annual tax rolls of local assessments or installments, ex- 
 penses of public inf[3rovements or work apportioned upon the 
 property benefited, expenses of cleaning and repairing sidewalks, 
 water frontage taxes, water rates, and all other items, and all 
 the proceedings preliminary to inserting the same, including the 
 adding of interest and penalties, are and shall be valid and 
 effectual, notwithstanding any irregiilarity, omission or eii'or 
 in such proceedings or any of them. Nothing in this section 
 contained applies to a local assessment heretofore set aside by the 
 common council or a court of competent jurisdiction, or to local 
 assessments against the state of Xew York. 
 
 § 201. Deeds to be delivered to assessors before recording. — 
 Every grant, deed or conveyance of lands in the city must, before 
 the same is received for recording by the county clerk of Monroe 
 county, be presented at the ofiice ' of the assessors of the city, 
 who must, without fee, note the said transfer of title upon the 
 maps in their office, and also note the fact of such presentation 
 upon the deed presented; but nothing herein contained affects or 
 impairs the validity of any record in the said county clerk's office. 
 
 § 202. Maps of subdivisions of lands to be filed with assessors. 
 — Before the OAvner of any tract or parcel of land situate in the 
 city of Rochester sells or conveys any portion thereof in sub- 
 divisions of such tract or parcel, he must cause a map of such
 
 89 
 
 tract to be made showing the subdivisions thereof, whh the num- 
 bers of the lots and their dimensions, and all proposed streets, lanes 
 or alleys, which map must be filed in the office of the county 
 clerk of Monroe county, and a copy or duplicate thereof delivered 
 to the assessors of the city ; and whenever such owner conveys any 
 portion of said tract in such manner as to effect a subdivision of 
 any lots as designated in such allotment, he must give notice 
 thereof immediately to the assessors, specifying the part so 
 divided and the manner of division. Any person violating the pro- 
 visions of this section is guilty of a misdemeanor. 
 
 § 203. Procedure to review local assessments. — If it is alleged 
 that in the proceedings relative to a public improvement or work 
 for which a local assessment is levied, or in the proceedings rel- 
 ative to the levying and making of the assessment therefor, or in 
 any of the proceedings relative to a local assessment, there was any 
 fraud or substantial error by reason of which the amount of such 
 assessment is in excess of the amount which ought to have been 
 lawfully levied or assessed upon all the lands in the territory of 
 assessment or any lot or parcel of land therein, or that there 
 was a lack of jurisdiction to levy and assess the whole or any 
 part of said assessment, any party or parties aggrieved thereby 
 may, within sixty days after the confirmation of the assessment 
 roll, present a petition in writing, duly verified, to the supreme 
 court at special term, or to a judge thereof, or to the county court 
 of Monroe county or the county judge of Monroe county, asking 
 to have the assessment vacated or reduced, and the court or judge 
 thereupon, upon notice to the corporation counsel, may forthwith 
 proceed to hear the proofs and allegations of the parties or may 
 direct the same to be heard before a referee, or may direct that 
 any issue of fact be tried before a jury. If, after such hearing, 
 it is finally determined that there was fraud or substantial error 
 or lack of jurisdiction as hereinbefore specified, the court may 
 reduce the entire assessment or any part thereof, or may vacate and 
 set aside the entire assessment or any part thereof. 
 
 § 204. Appeals from orders as to assessments. — Either the city
 
 90 
 
 or any jiartj interested may appeal from the final order of the 
 court or judge thereof upon any proceedings in relation to local 
 assessments taken under this act, at the same time and in the 
 same manner as an appeal from an order in a civil action. 
 
 § 205. Consolidation of proceedings. — Two or more persons 
 may unite in commencing proceedings in relation to local assess- 
 ments under this act, and when separate proceedings to vacate or 
 reduce assessments have been commenced for the same public im- 
 provement or work, the court or judge before whom the same were 
 commenced or are pending, or where some are commenced in the 
 Monroe county court and some in the supreme court, the supreme 
 court at special term or a judge thereof at chambers, may make an 
 order consolidating such separate proceedings into one proceeding. 
 
 § 206. Assessments not to be otherwise reviewed. — Every local 
 assessment is final and conclusive imless reviewed as provided 
 in this act, and may not be vacated or reduced or set aside, or the 
 lien thereof declared illegal or void or set aside, or a sale of 
 property thereunder be declared illegal or void or restrained, or a 
 deed or certificate given upon a sale thereunder be declared illegal 
 or void, or any moneys paid on account of or because of said as- 
 sessment be recovered back or refunded, unless proceedings to 
 vacate or reduce such assessment are taken as provided in this act. 
 
 § 207. Action to recover money paid upon assessments Xo 
 
 action may be brought to recover money from the city of Roches- 
 ter paid upon or upon account of a local assessment, until such 
 assessment has been set aside or reduced as provided in this act 
 and one year thereafter has elapsed. 
 
 § 208. Amendment and certification of rolls for county taxes. 
 — The assessors luust, on or before the fifteenth day of September 
 in each year, add to the annual tax rolls prepared for the current 
 vear, the chares of stock of banks or banking associations organized 
 under the authority of this state or the United States, and may on 
 or before said date make such additional amendments and cor- 
 rections in said tax rolls as to the names of the actual owners 
 or occupants and values of real and personal property
 
 91 
 
 therein assessed as they deem proper, and must thereafter give 
 notice by publication in the official papers for at least three days 
 that they will meet at a time and place designated in said notice 
 and hear allegations and objections to the additions and correc- 
 tions made to said rolls, and must at the time and place designated 
 meet and hear the allegations and objections of all persons ap- 
 pearing, and may amend and correct such additions and amend- 
 ments as they deem proper. The assessors must, on or before the 
 first day of October in each year, unless the time .is further ex- 
 tended by resolution of the board of supervisors, certify and de- 
 liver to the supervisors of the several wards of the city, for the 
 use of the board of supervisors, a correct copy of said tax 
 rolls prepared for the current year as they then exist, including 
 the additions, amendments and corrections thereto; and the board 
 of supervisors must pay to the city of Rochester for the copy or 
 copies for their use in the same manner as payment is made to the 
 supervisors of the several towns for the town rolls. 
 
 § 209. Supervisors to levy taxes and annex warrants to tax 
 rolls. — After the board of supervisors of the county of Mon- 
 roe has equalized and corrected the tax rolls of the city of 
 Rochester and has inserted therein the county taxes levied and 
 assessed by said board, it must on or before the fifteenth day of 
 January next ensuing deliver said rolls to the county treasurer 
 with a warrant annexed to each roll under the hands and seals of 
 the chairman and clerk of the board of supervisors, commanding 
 the treasurer of the county of Monroe to collect from the several 
 persons named in said roll the sums mentioned in the last column 
 of each roll opposite their respective names, and authorizing the 
 county treasurer, in case any person named in the roll refuses or 
 neglects to pay his taxes before the fifteenth day of April next en- 
 suing, to levy the same by distress and sale of goods and chattels 
 of such person. 
 
 § 210. Notice to pay county taxes; interest. — Inmiediately 
 after receiving such rolls and warrants, the county treasurer must 
 give public notice, by advertisement, in all the daily newspapers
 
 92 
 
 printed in the city of Rochester, that all persons named in said 
 rolls are required to pay their taxes to him at his office before 
 the fifteenth day of April then next, and stating the amount to be 
 added if payments are delayed; the said treasurer must receive 
 the amount of any tax levied on said tax rolls during the 
 month of January and before tlie first day of February then 
 next, "without any addition thereto ; if the same is paid on or 
 after the first day of February and before the fifteenth day of 
 February next succeeding the levying of said tax, he must charge 
 and receive an addition of one per centum; if paid on or after 
 the fifteenth day of February and before the first day of March 
 then next, an addition of two per centum ; if paid on or after tha 
 first day of March and before the fifteenth day thereof, an addi- 
 tion of three per centum ; if paid on or after the fifteenth day of 
 March and before the first day of April then next, an addition 
 of four per centum ; if paid on or after the first day of April and 
 before the fifteenth day of April then next, an addition of fivp. 
 per centum. 
 
 § 211. Publication of notice to persons omitting" to pay county 
 taxes — The county treasurer must also, immediately after the 
 said first day of April, give public notice in two of the public 
 newspapers of the said city, to be published in such papers ten 
 days, notifying all persons who have omitted to pay their taxes, 
 to pay the iame to him at his office before the fifteenth day of 
 said month, and that in default thereof a warrant will be issued 
 for the collection thereof according to law. 
 
 § 212, Warrants for collection of county taxes. — It is the 
 duty of the county treasurer, upon all taxes remaining unpaid on 
 the fifteenth day of April next succeeding the levying of the 
 taxes, to issue as many warrants as he deems proper, under 
 his hand, each directed to any person whom he may see fit 
 to appoint as collector of the taxes specified in such warrant, 
 commanding such person, as such collector, to levy the amount of 
 said tax, and an additional amount of five per centum, and also 
 interest at the rate of twelve per centum per annum from said
 
 93 
 
 fifteenth day of April, besides the fees of such collector, by dis- 
 tress and sale of goods and chattels of the persons against whom 
 the said warrants are issued, or of any goods and chattels in his 
 possession, wheresoever the same are found within said county, 
 and to pay the same to the county treasurer and return such 
 warrant within twenty days after the date thereof; and no claim 
 of property to be made to such goods and chattels so found in the 
 possession of the said party is available to prevent a sale. After 
 the return of any warrant, the county treasurer, if he deem ex- 
 pedient, may issue a second or subsequent warrant for the taxes 
 still remaining unpaid, with such percentage and interest and 
 fees. Every collector holds his appointment during the pleasure 
 of the county treasurer, and may, at any time, be removed or 
 suspended by him, and the county treasurer and his sureties are 
 liable for any collector and for all money that may be collected or 
 received by him. ISTo warrant may be delivered to any collector 
 until he has executed and deposited with the county treasurer a 
 bond to the treasurer, with two or more sureties, approved by the 
 treasurer, and acknowledged in the manner required for the re- 
 cording of conveyances of real estate, and conditioned for the 
 faithful performance of his duties as a collector of the taxes speci- 
 fied in such warrant, and for the faithful accounting and paying 
 over to the treasurer of all moneys that he may collect or receive 
 under such warrant. If any collector fail to return any warrant 
 issued to him, as herein required, or fail to pay over to the treas- 
 urer all money collected or received by him, or fail to render a 
 full and true account thereof, the supreme court, or any justice 
 thereof, has jurisdiction, on proof by affidavit or otherwise, sum- 
 marily to enforce such return, payment or accounting or all, as 
 the case may be, by attachment and proceedings thereon, in the 
 same manner as if such collector was a sheriff or officer of that 
 court ; the interest and additional percentage must be paid to the 
 county treasurer with the tax, and must be added to the contin- 
 gent fund of said county. The treasurer, immediately after re- 
 ceiving the bond of any collector, must file the same in the office
 
 91 
 
 of the clerk of Monroe county, and the same is a lien upon the 
 real estate of any person executing the same, situated in said 
 county; the collectors have full power and authority to execute 
 such warrants in any part of the county. If any such collector 
 neglect and refuse to pay over any money collected by him, he 
 shall be deemed guilty of a misdemeanor. 
 
 § 213. Collectors' sales and notices. — The collectors must give 
 public notice of the time and place of sale of the property to be 
 sold, at least six days previous to the sale, by advertisement to be 
 posted up in at least three public places in the ward or town 
 where such sale shall be made. The sale must be by public auction. 
 
 § 214. Disposition of surplus on county tax collectors' sales — 
 If the property distrained is sold for more than the amount of the 
 tax and percentage and interest, and the cost of such distress and 
 sale, the surplus must be returned to the person in whose posses- 
 sion such property was when such distress was made, if no claim 
 be made to such surjDlus by any other person ; if any other person 
 claim such surplus, on the ground that the property sold belonged 
 to him, and such claim be admitted by the person for whose tax 
 the same was distrained, the surplus must be paid to such owner; 
 but if such claim is contested by the person for whose tax the 
 property was distrained, the surplus money must be paid by the 
 collector into the county treasury, there to be retained as a special 
 deposit until the rights of the parties are determined by due 
 process of law. 
 
 § 215. Other proceedings for the collection of county taxes. — 
 The county treasurer must take such other proceedings to enforce 
 the collection of taxes as may be provided by law. 
 
 AETICLE VIII. 
 
 BOARD OF CONTRACT AND SUPPLY. 
 
 Section 226. Board of contract and supply. 
 
 227. Duties of board of contract and supply. 
 
 228. Proposals.
 
 05 
 
 Section 229. Opening of bids. 
 
 230. Designation of kind of pavement. 
 
 231. Contract and labor bonds. 
 
 232. Action by laborer on bond, 
 
 233. Guaranty bond. 
 
 234. Contract not to exceed estimate. 
 
 235. Contracts exceeding one year. 
 
 236. Secretary. 
 
 237. Supplies and materials under two hundred and fifty 
 
 dollars. 
 
 238. Work under two hundred and fifty dollars. 
 
 239. Annual contracts for supplies and materials. 
 
 240. Emergency repairs. 
 
 241. Application of this article. 
 
 Section 22G, Board of contract and supply — The board of 
 contract and supply is composed of the commissioner of public 
 works who is president thereof, comptroller, corporation counsel, 
 and city engineer. The mayor may at any time sit and vote as a 
 member and act as president of the board. The board has power 
 to appoint to hold office during its pleasure, a secretary and 
 such other subordinates as may be prescribed by the board of 
 estimate and apportionment. 
 
 § 227, Duties of board of contract and supply. — It is the 
 duty of the board of contract and supply after public notice and 
 in accordance with regulations prescribed by general ordinances 
 of the common council, to let to the lowest bidder who will give 
 adequate security for the performance of his contract, all con- 
 tracts for the performance of any work or for the supply of any 
 materials in all cases where the expense of such work or materials 
 or both exceeds the sum of two hundred and fifty dollars, unless 
 by ordinance of the common council unanimously adopted and 
 unanimously approved by the board of estimate and apportion- 
 ment it is determined to be impracticable to procure such work or 
 materials or both by contract; except that the board may let con- 
 Chap. 755 7
 
 96 
 
 tracts for swooping, cloaning, caring for and embollisliing streets 
 and removing snow and ice from sidewalks, to other than the 
 lowest bidder, \\\)()n jjetition of a majority of the property owners 
 liable to be assessed for the cost thereof, owning not less than 
 two-fifths of the feet front of property liable to be assessed, as 
 appears by the records of the assessors. The notice must de- 
 scribe the work and materials for which contracts will be let, and 
 the day and honr and place of the meeting of the board at which 
 proposals therefor will be opened, and must state the character and 
 amount of security, if any, required to accompany the bid or pro- 
 posal to insure the execution of the contract in case it is awarded. 
 Specifications for a public improvement or work must be prepared 
 •and set forth sufficient details thereof to inform all persons pro- 
 posing to bid therefor of the nature of the work to be done and of 
 the materials to be supplied, and the same must be written or 
 printed and copies thereof delivered to applicants therefor. 
 
 § 228. Proposals. — No contract must be let except after the 
 Tcceipt of sealed bids or proposals therefor, and no bid or ]Droposal 
 •may be received at any time other than at a regular meeting of the 
 board and unless they conform to the rules of the board and the 
 general ordinances of the common council. All bids and proposals 
 must be endorsed with the title of the work or materials to which 
 they relate, the name of the bidder and his residence. 
 
 § 229. Opening of bids. — It is the duty of each member of 
 the board to be present at the time and place mentioned in the 
 public notice for the receipt and ojiening of bids and proposals, 
 and such meetings must be open to the public. After all the bids 
 ■and proposals have been presented, but not until one-half hour 
 'after the time stated in the public notice for holding the meeting, 
 •all bids must be opened by some member of the board or its secre- 
 tary publicly and in the presence of the bidders and other persons 
 then present, and an abstract of all such bids or proposals with the 
 prices and security offered must be transcribed in a book kept for 
 that purpose without any change, correction or addition whatever. 
 A majority of the board need not be present when such bids and
 
 97 
 
 proposals are opened. The board may reject all bids or proposals 
 received and re-advertise for new bids or proposals. The contract 
 *maj be awarded at the meeting at which the bids are opened or 
 within a reasonable time thereafter. Xo person submitting or on 
 whose behalf a bid or proposal is submitted, or the principal or 
 'sureties on any bond or security accompanying the same has the 
 •right to withdraw or cancel any such bid, proposal or bond, except 
 \vith the consent of the board of contract arid supply, until the 
 'board has awarded the contract for which such bid or proposal is 
 made and such contract has been executed. iN'o bid may be ac- 
 cepted from or contract awarded to any person or corporation who, 
 either as principal or surety, is in default to the city upon debt, 
 contract or obligation. 
 
 § 230. Designation of kind of pavement. — Separate plans and 
 ■specifications must be prepared for each material specified by the 
 •common council as proposed to be used in paving or repaving a 
 public street, highway or place, and for each particular kind, 
 tnake, style or brand of material specified by the common council, 
 if any, and proposals must be invited pursuant to the provisions 
 'of this act for all the materials and all the particular kinds, makes, 
 'styles and brands of materials so specified. A majority of the 
 "property o^vners liable to be assessed for the cost of such improve- 
 'ment, owning not less than two-fifths of the feet front of property, 
 exclusive of city property, fronting the public street, highway or 
 place to be paved or repaved, as appears by the records of the 
 'assessors,- may at any time within one week after proposals for 
 •doing such work have been received and opened, present to the 
 board of contract and supply a petition or other writing desig- 
 nating any material, or any particular kind, make, style or brand 
 of material for which bids liave been received, to be used in con- 
 structing the pavement ; and if the property owners do not make 
 •such designation the common council must, not later than its next 
 regular meeting after the expiration of one week from tlie receiv- 
 ing and opening of proposals, designate any maten'al or any par-
 
 98 
 
 'ticular kind, make, style or hi'aiid of material for wliieli Lids have 
 'been received, to be used in constructing such pavement. If the 
 common council fail to make such designation, the board of con- 
 tract and supply may do so; and the contract for such improve- 
 ■ment, if awarded, must be awarded to the lowest bidder for the 
 "material so designated, and if any particular kind, make, style or 
 brand of material is designated, to the lowest bidder for such 
 •particular kind, make, style or brand of material. 
 
 § 231. Contract and labor bonds. — The board may provide 
 that the successful bidder must execute and deliver to the city a 
 bond in a sum and with the number of sureties designated by it, 
 'conditioned for the faithful performance of the contract, or con- 
 ditioned for the payment of the wages and compensation of all 
 laborers employed on the work for which the contract is made, by 
 the contractor, the subcontractor, agent or any other person; or 
 containing both conditions. 
 
 § 232. Action by laborer on bond. — - Any laborer employed on 
 municipal work performed by a contractor for which a bond con- 
 ditioned for the payment of laborers has been given, may within 
 'six months after wages or compensation are due him, bring an 
 'action on such bond to recover any moneys claimed to be due him 
 for work performed under such contract ; and any number of 
 laborers may unite in one action ; but the city is not liable upon 
 •or by reason of such bond or for any costs or expenses in any 
 action or proceeding thereon. 
 
 § 233. Guaranty bond. — When the coimnon council has pro- 
 vided for 1;he guaranty of any public improvement or work, the 
 board of contract and supply must cause to be executed and de- 
 livered to the city with the contract, a bond in an amount and with 
 the number of sureties designated by it, conditioned for keeping 
 and maintaining the improvement in good order and repair for 
 the period designated by the common council, and containing such 
 other conditions as the board may specify. 
 
 § 234. Contract not to exceed estimate. — ■ The board must not 
 let a contract for a public improvement or work involving a local
 
 99 
 
 ■assessment, for a greater sum than the estimated cost thereof, but 
 'if a greater amount than the estimated cost is necessarily expended 
 in the improvement or work by reason of alteration or extension of 
 ttie plans and specifications therefor, or otherwise, the whole cost 
 'thereof may nevertheless be computed by the comptroller and re- 
 ported to the assessors to be assessed upon the portion or part of 
 'the city directec] by the final ordinance to be assessed for the cost 
 bf the improvement or work. 
 
 § 235. Contracts exceeding one year. — The board of contract 
 'and supply is authorized to let contracts for periods exceeding one 
 ^'ear and providing for the payment of specified annual amounts 
 thereon, for the collection, removal and disposal of ashes, garbage 
 and dead animals, for the cleaning and sweeping of streets, for the 
 lighting of public streets, highways and places; and when auth- 
 crized by ordinance of the common council adopted by a vote of 
 three-fourths of all the members, for the erection and construction 
 of public buildings and works, subject to such restrictions as to 
 annual payments and sources of payments as may be provided 
 'in such ordinance. Contracts for public improvements and work 
 'involving local assessments may be let for periods exceeding one 
 year. 
 
 § 2oG. Secretary — The secretary of the board of contract and 
 supply must keep a full journal of all the proceedings of the board, 
 and must perform such other duties as may be required by the 
 board or by law or by ordinance of the common council. 
 
 § 237. Supplies and materials under two hundred and fifty 
 dollars. — ■ Supplies and materials not exceeding two hundred and 
 fifty dollars in cost must be called for by requisition in writing 
 signed by the head of the department, president of the board, 
 judge of the court, or officer requiring the same, and delivered 
 to the secretary of the board of contract and supply, who thereupon 
 has the power to purchase the same, and he must deliver to the 
 vendor a written order therefor upon which is printed or written 
 a statement that the claim therefor is subject to audit of the comp- 
 troller, and such order must be delivered to the comptroller with
 
 100 
 
 the claim therefor. The board of contract and supply may make 
 such rules and regulations governing purchases by its secretary 
 as it deems proj)er. 
 
 § 238. Work under two hundred and fifty dollars. — Work not 
 exceeding two hundred and fifty dollars in cost must be called for 
 by requisition in writing signed by the head of the department, 
 president of tbe board, judge of the court, or officer requiring 
 the same, and delivered to the board of contract and supply or its 
 secretary. The board must pass upon such requisition and when 
 ordered the clerk must deliver to the officer making the requisition 
 a written order therefor, upon which is printed or written a state- 
 ment that the claim therefor is subject to audit of the comptroller; 
 and thereupon such work may be done, and such written order 
 must accompany the claim therefor when presented to the 
 comptroller. 
 
 § 239. Annual contracts for supplies and materials. — The 
 board may let contracts for the furnishing of supplies or 
 materials for the fiscal year or part thereof, and when requisitions 
 are presented to the secretary for supplies or materials covered 
 by such contracts, he must purchase the same under such contracts. 
 
 § 240. Emerg-ency repairs. — In case of accident or other injury 
 by which the heating, plumbing or elevators in any of the muni- 
 cipal buildings or any of the fire or water w^orks apparatus or 
 water works system becomes disabled, the head of the department 
 having jurisdiction thereof, if in. his judgment public interests 
 require it, may cause repairs thereto to be made without a letting 
 by contract and without order of the board of contract and supply, 
 upon filing with the comptroller a. certificate approved by the 
 mayor, showing such emergency and the necessity for such repairs. 
 
 § 241. Application of this article. — The provisions of this 
 article do not apply to the department of parks, department of 
 public instruction, or Mount Hope commission.
 
 101 
 
 AKTICLE IX. 
 
 Department of Public Works. 
 
 Section 252. Commissioner of public works. 
 
 253. Powers and duties of commissioner. 
 
 254. Repair and cleaning of sidewalks. 
 
 255. City not liable without notice. 
 
 256. Abandoned streets. 
 
 257. Streets by prescription. 
 
 258. Power to remove encroachments and obstructions. 
 
 259. Power to enter upon streets for construction and 
 
 repair of sewers. 
 
 260. Purchase of lands. 
 
 261. Water works bureau. 
 
 262. Duties of superintendent of water works. 
 
 263. Water works. 
 
 264. Water meters. 
 
 265. Power to enter upon streets for laying pipes. 
 
 266. Power to acquire real estate for water supply. 
 
 267. Extending water mains beyond the limits of the city. 
 
 268. Manner of acquiring real property for water works 
 
 purposes. 
 
 269. Interference with v^'ater works property. 
 
 270. Tapping water pipes prohibited. 
 
 271. Statement of unpaid water rates. 
 
 272. Statement for water frontage tax. 
 
 273. No person or corporation to distribute water without 
 
 -franchise. 
 
 274. Bureau of weights and measures. 
 
 275. Duties and powers of sealer. 
 
 Section 252. Commissioner of public works. — The commis- 
 sioner of public works is the head of the department of public 
 works and has power to appoint to hold office during his pleasure 
 a deputy, a superintendent of water works, a sealer of weights and
 
 102 
 
 measures, and such other subordinates as may be prescribed by the 
 board of estimate and apportionment. 
 
 § 253. Powers and duties of commissioner. — The commis- 
 sioner, subject to the provisions of law and ordinances of the 
 comiuon coinicil, li;is iicnci'iil ('(Hiiii/cance, di reel ion and control of 
 the construction, maintenance, alteration, repair, care, embellish- 
 ment, cleaning, paving, flagging, grading, sprinkling, lighting and 
 improvement of the public streets highways and places; of the 
 construction, maintenance, alteration, repair, cleaning and exten- 
 sion of municipal sewers and drains, including the portion of the 
 west side sewer now or hereafter within the city ; of the construc- 
 tion, maintenance, alteration and repair of bridges and arches 
 over any water or other places which the city is bound to con- 
 struct or maintain; of the construction, alteration and repair of 
 municipal buildings; of the construction, maintenance, alteration, 
 extension, repair and care of the city water works and of all pub- 
 lic improvements and work ; of the collection and disposal of garb- 
 ago and dead animals, ashes and other refuse ; and he has power to 
 make ordinary repairs or improvements upon and to clean public 
 streets, highways and places, sidewalks, crosswalks, gutters, vaults, 
 drains, culverts and bridges of the city. When any of the above 
 improvements or work or any other similar public improvement 
 or work is performed under contract with the city, the com- 
 missioner has general cognizance, direction and control thereof. 
 Except as otherwise provided by law or ordinance of the common 
 council, the commissioner of public works has over the public 
 streets, highways and places within the city all the jurisdiction 
 and is charged with all the duties of commissioners of highways 
 within the towns of the state. The j)rovisions of this section do 
 not apply to the department of parks, the department of public 
 instruction or Mount Hope commission. 
 
 § 254. Repair and cleaning of sidewalks. — It is the duty of 
 the owner of any lot or parcel of land to keep the sidewalks 
 adjoining his lot or parcel of land in good repair, and of the
 
 103 
 
 owner and the occupant of the ground floor of any structure 
 thereon to remove and clean away all snow and ice and other 
 obstructions from such sidewalks. The commissioner of public 
 works has the power to cause to be repaired any sidewalk where 
 the owner of the abutting property neglects or refuses to repair the 
 same for five days after a written notice so to do has been served 
 upon him, either personally or by leaving the same at his residence, 
 or if he be a non-resident by mailing the same to him at his last 
 known place of residence, or if the name of the owner or his place 
 of residence cannot be ascertained after due diligence, by posting 
 the same in a conspicuous place on the premises. The commis- 
 sioner of public works has power to cause to be cleaned or removed 
 from any sidewalk, snow, ice or other obstructions where the same 
 have remained thereon for twelve hours. A bill or statement of the 
 amount of expenses incurred in making such repairs or cleaning 
 from the sidewalks snow, ice or obstructions, must be served on 
 the owner as hereinbefore provided for the service of a notice to 
 repair. If such expense is not paid, an affidavit of the actual 
 cost thereof with an addition thereto of ten per centum and the 
 property in front of which the work, repairs or cleaning was done, 
 and the date of completion thereof, must be filed with the assessors 
 of the city on or before the first day of March in each year. In 
 addition to other remedies herein provided, the city of Rochester 
 has a cause of action against any owner to collect the expense of 
 any work or repairs done or made as aforesaid. 
 
 § 2'b5. City not liable without notice. — The city is not liable, 
 and no action is maintainable against it for an injury to person 
 or property caused by the existence of snow and ice, or either, 
 upon any sidewalk, roadway, public street, highway or place, 
 bridge, culvert or crosswalk, unless written notice thereof relat- 
 ing to the particular place has been given to the commissioner 
 of public works a rt^isonable time before the happening of any 
 such injury. 
 
 § 250. Abandoned streets. — Every street not used by the public
 
 104 
 
 as a street for twenty contimioiis years, and every street not 
 opened or worked within twenty years from the time of its dedica- 
 tion or the time it was laid ont or opened as a street, ceases to 
 be a street; but the period during which any action or proceeding 
 is pending in regard to any such street forms no part of such 
 twenty years. Tliis section does not give any person building 
 upon, encroaching upon or obstructing a public street, highway or 
 place, any right therein, or divest the city or public of its right 
 therein, and the city is never barred by lapse of time from 
 removing any obstruction, encroachment or structure upon a public 
 street, highway or place. 
 
 § 257. Streets by prescription. — All lands which have been 
 used by the public as a street or highway for six years or more 
 continuously, become a public street or highway with the same 
 force and effect as if duly laid out and opened or dedicated as 
 such, and such user is presumed to have been had with the assent 
 and permission of the owner and all other persons having any right 
 or interest therein, and to be conclusive evidence of an intention 
 on their part to dedicate such lands to the public use. 
 
 § 258. Power to remove encroachments and obstructions The 
 
 commissioner may summarily remove any encroachment, obstruc- 
 tion or structure unlawfully maintained upon, over or under a 
 public street, highway or place, or prevent the construction thereof 
 if about to be construcied. 
 
 § 259. Power to enter upon streets for construction and repair 
 of sewers. — The commissioner of public works may enter upon 
 any public street, highway or place in the city for the purpose of 
 constructing, repairing, altering and maintaining public sewers 
 and drains, and may enter upon any public street, highway or place 
 without the city limits, subject to regulation by the officials 
 having control thereof, for the purpose of constructing, repairing, 
 altering and maintaining public sewers and drains, and may carry 
 and conduct the sarne under or across any water course, canal 
 or railroad within or without the limits of the city, provided that 
 such public street, highway or place, or water course, canal or
 
 105 
 
 railroad crossing so entered upon is restored in as good condition 
 as before such entry ; and the city may maintain sewers and drains 
 in and under the public streets, highways and places within and 
 without the city in which they are now laid. 
 
 § 2 GO. Purchase of lands. — • Whenever the purchase of real 
 estate or any right or easement therein is authorized by the 
 common council, except for school purposes, the commissioner of 
 public works must if possible purchase such real estate or right or 
 easement therein at a price approved by the board of estimate 
 and apportionment, and if unable to purchase the same at such 
 price he must thereupon report to the corporation counsel his 
 inability to make the purchase. 
 
 § 261. Water works bureau. — The water works bureau is in the 
 department of public works, and the chief officer thereof is the 
 superintendent of water works, and he has power, with the ap- 
 proval of the commissioner, to appoint to hold office during his 
 pleasure such subordinates as may be prescribed by the board of 
 estimate and apportionment. 
 
 § 262. Duties of superintendent of water works. — The super- 
 intendent of water works, under the direction and control of the 
 commissioner, has the government and management of the water 
 works and water works system. 
 
 § 263. Water works. — It is the duty of tlie commissioner of 
 public works to see that the city has an abundant supply of whole- 
 some water for public and private use; to devise the plans and 
 sources of water supply; to plan and supervise the distribution 
 of water through the city; to protect it against contamination; 
 to fix and adjust from time to time, with the approval of the 
 board of estimate and apportionment, the prices and rates to be 
 paid for the use and cousumption of water, and special prices and 
 rates may be fixed for consumers using extraordinary amounts of 
 water, and for consumers outside of the city. 
 
 § 264. Water meters.— The commissioner of i)ublic works has 
 power to cause water meters to be placed in or upon any house,
 
 100 
 
 building, structure or laud where water is used, at the cost and 
 expense of the owner of such house, huildin^, Klriu-tnrc or land. 
 
 § 205, Power to enter upon streets for laying pipes. — I'he 
 commissioner of public works may enter upon any public street, 
 highway or place in the city, for the purpose of laying, altering, 
 repairing- and maintaining conduits, mains and pipes for the con- 
 veyance of water and for the purpose of constructing, repairing, 
 altering, maintaining or extending any portion of the water works 
 of said city, and may lay and construct such conduits, mains and 
 pipes over, under or across any water course, canal or railroad, 
 and may enter upon any public street, highway or place without 
 the city limits, subject to regulation by the officials having con- 
 trol thereof, for the purpose of laying, altering, repairing and 
 maintaining conduits, mains and pipes for the conveyance of 
 water ; and may carry and conduct the same over, imder or across 
 any water course, canal or railroad without the limits of the city, 
 provided that such public street, highway or place, or water course, 
 canal or railroad crossing so entered upon is restored in as good 
 condition as before such entry ; and the city may maintain its con- 
 duits, mains and pipes in and under the public streets, highways 
 and places wdthin and without the city in which they are now laid, 
 and over, under or across the water courses, canals and railroads 
 over, under or across which they are now maintained. 
 
 § 206. Power to acquire real estate for water supply. — The 
 city may acquire title to real estate, waters, lakes, springs, ponds 
 or streams, or any right or easement therein, which may be neces- 
 sary for the purposes of the water works of said city, or to pro- 
 tect the sources of water supply from pollution; and may enter 
 upon, control and use the waters of Canadice and Hemlock lakes 
 for the purpose of procuring a water supply; and has also the 
 power to raise the surface of said lakes not to exceed two feet, 
 and to draw down said water below low water mark not to ex- 
 ceed eight feet ; and has the power to take such measures and make 
 such constructions as may be necessary to secure said waters for 
 the purpose intended and to protect the same from improper ob- 
 structions or pollution from any cause.
 
 107 
 
 § 267. Extending" water mains beyond the limits of the city. — 
 When authorized by ordinance of the common council, water mains 
 may be extended beyond the limits of the, city to the towns ad- 
 joining. 
 
 § 208. Manner of acquiring real property for water works 
 purposes. — When real estate, or rights or casements therein, 
 or property rights are taken for water works purposes, such 
 real estate, or rights or easements therein, or property rights must 
 be acquired in the same manner as is provided herein for the ac- 
 quisition of other real property. 
 
 § 2G9. Interference with water works property Any person 
 
 who wilfully does or causes to be done any act whereby any work, 
 materials or property whatsoever erected or used by the city of 
 Rochester for or in connection with the water works of said city is 
 impaired or injured, or who diverts, draws down or diminishes the 
 water of Hemlock or Canadice lake without authority of law, or 
 who in any way interrupts or prevents the flow of water through 
 the conduits, mains, pipes or service of said works, or who throws, 
 deposits, places, casts, passes, or causes to be passed, cast, placed, 
 deposited or thrown into tbe waters of Hemlock or Canadice lakes, 
 or into any reservoir, conduit, aqueduct, main or pipe belonging 
 to the waters''^ works of said city, any dead animal, deleterious, 
 offensive, filthy, impure or obstructing matter, thing or liquid, 
 ■ •r who places any of said described matter, thing or liquid so that 
 the same may be washed or carried or flow into either of said 
 lakes or any reservoir, conduit, aqueduct, main or pipe supplied 
 with water therefrom, or who unla^vfully trespasses upon water 
 and lands acquired by the city of Rochester for the source of its 
 water supply or the protection thereof, is guilty of a misdemeanor. 
 
 § 270. Tapping water pipes prohibited. — Any person who, 
 without the consent of the city of Rochester, its authorized officers 
 and agents, taps, opens or connects with any conduit, main or 
 pipe, or opens any hydrant, valve or stop-cock connected with the 
 water works or water works system of said city, or makes any ex- 
 
 * So in original.
 
 108 
 
 tension of existing service pipes, whereby increased quantities of 
 water are or may be used without said consent, or leaves open 
 any hydrant, valve, faucet, stop-cock or other fixture for continu- 
 ous flow, of and through which there is continuous flow beyond 
 what may be necessary for actual use for the purposes required 
 in connection with such hydrant, valve, faucet, stop-cock or otlier 
 fixture, is guilty of a misdemeanor. « 
 
 § 2T1. Statement of unpaid water rates. — It is the duty of 
 the commissioner of public works on or before the first day of 
 March in each year to report to the assessors of the city each and 
 all unpaid water rates, adding thereto interest at ten per centum 
 per annum from the time each became due to the first day of 
 June following the report, with a description of the respective 
 lots or parcels of land on which the same are charges or liens, and 
 the name of the respective owners thereof. 
 
 § 272. Statement for water frontage tax. — The commissioner 
 of public works must, on or before the first day of March in each 
 year, make and deliver to the assessors a statement of each lot 
 on which no water rates accrued or were paid to the city during 
 the preceding year, in cases where such lots are situate on a 
 public street, highway or place in the city in which the city's 
 water mains are laid and in use, and also of each lot exceeding 
 two hundred feet in frontage on which the water rates accrued 
 or paid to the city during the preceding year did not aggregate an 
 amount equal to at least three cents on each lineal foot of the 
 whole frontage. The statement must contain the name of the 
 owTier of each lot and the number of feet frontage thereof, except 
 that in the hereinbefore specified case of a lot of over two hu adred 
 feet frontage the number of feet front in excess of two hundred 
 mus'j; be specified; and such other description of the lots must be 
 inf /jrted as may be sufiicient to identify them. 
 
 § 273. No person or corporation to distribute water without 
 franchise. — Xo person or corporation other than the citv may 
 enter upon or excavate any public street, highway or place in the 
 city of Rochester for the purpose of laying conduits, mains or
 
 109 
 
 \npes for the convcyaiiee of Avater, without the pennission of the 
 common council, which body may deny any such application in its 
 discretion; and no person or corporation other than the city may 
 furnish, sell or distribute water within the city, except under a 
 franchise granted as provided in this act. 
 
 § 274. Bureau of weig-hts and measures. — The bureau of 
 weights and measures is in the department of public works, and 
 the chief officer thereof is the sealer of weights and measures, 
 and he has power, with the approval of the commissioner, to ap- 
 point to hold office during his pleasure such subordinates as may 
 be prescribed by the board of estimate and apportionment. 
 
 § 275. Duties and powers of sealer. — The sealer of weights 
 and measures, under the direction and control of the commissioner, 
 has the powers and must perform the duties of town sealers of 
 weights and measures under the general laws of the state, and 
 nnist supervise the weighing of coal as prescribed by law, and must 
 inspect and seal weights and measures as prescribed by the ordi- 
 nances of the common council or otherwise by law ; and must per- 
 form such other duties as may be prescribed by ordinance of the 
 common council. 
 
 ARTICLE X. 
 
 Department of Engineeking. 
 
 Section 286. City engineer. 
 
 287. Powers and duties of city engineer. 
 
 288. Appointment of experts. 
 
 289. Application of article. 
 
 Section 286. City engineer. — The city engineer is the head 
 of the department of engineering, and has the power to appoint to 
 hold office during his pleasure a deputy and such other subordi- 
 nates as may be prescribed by the board of estimate and appor- 
 tionment. 
 
 § 287. Powers and duties of city engineer. — It is the duty 
 of the city engineer to perform all engineering and surveying 
 services needed in the affairs or business of the city, and of the
 
 110 
 
 (Icpiirl iiiciils, l)()iinls, Imrcaiis iiiid (tlliccs t hereof; to siiiK-rvisc 
 iind inspect, under I lie liciiei'al direelion of the eoiiiinissioner of 
 public works, the conKtriietioii, lighting and other iiuprovenicnt 
 of the })nblic streets, liigliways and places; the construction re- 
 (juired in connection with the water works, sewers, drains, and 
 all other public improvements and work ; the construction, altera- 
 tion and repair of municipal buildings. He must act as superin- 
 tendent of municipal buildings, under such regulations as may be 
 prescribed by ordinance of the common council, except buildings 
 used exclusively by the department of public safety or any of the 
 bureaus thereof. lie must prepare ordinances for public im- 
 provements and work as directed by the common council, and 
 make estimates, plans and specifications therefor ; and furnish 
 the necessary statements, descriptions and maps for the use of the 
 assessors, and perform such other duties as may be prescribed 
 by ordinance of the common council. 
 
 § 288. Appointment of experts. — ^ The city engineer, with the 
 written consent of the mayor, may employ experts in important 
 engineering work, at a compensation fixed by the board of esti- 
 mate and apportionment. 
 
 § 289. Application of article. — The provisions of this article 
 do not apply to the department of parks, department of public 
 instruction, or Mount Hope commission ; but the common council 
 may by ordinance direct the city engineer to perform engineering 
 services for them, or any of them. 
 
 AETICLE XL 
 Department of Parks. 
 
 Section 300. Park commission. 
 
 301. Powers and duties of park commission. 
 
 302. Streets and roads in parks. 
 
 303. Power to order work and purchase sujiplics. 
 
 304. Power to lease. 
 
 305. Kailroads and telephone lines through parks.
 
 Ill 
 
 Section 300. Park commission. — The bead of the department 
 of parks is the park commission, consisting of the commissioners 
 of parks, and it must annually elect one of its members president 
 thereof, and may adopt rules for the transaction of its business. 
 
 § 301. Powers and duties of park commission The park 
 
 commission has power to appoint to hold office during its pleasure 
 a superintendent of parks and such other subordinates as it deems 
 proper, and to fix their compensation and regulate their duties. 
 It has the control, care, management and maintenance of all the 
 public parks and public squares within or belonging to the city 
 and of the roads therein, except the furnishing of police protec- 
 tion therefor ; and it has the power to cause the public parks and 
 squares to be improved, extended and repaired and to cause build- 
 ings, structures, lakes, roads and other works to be erected or 
 constructed therein, and to maintain and keep in repair all build- 
 ings, structures, lakes, roads and other works erected or constructed 
 therein, and to furnish amusements and attractions therein j 
 and the commission and the superintendent of parks each has 
 the power and it is their duty to cause to be removed all trees and 
 shrubs in the public streets, highways and places of the city which 
 in its judgment or in the judgment of the superintendent of parks 
 are or are likely to become dangerous or detrimental or an inter- 
 ference with or hindrance to the full use of the public streets, 
 highways and places, and to cause to be pruned and trimmed all 
 trees and shrubs in the public streets, highways and places, and 
 to cause to be cut off, pruned or trimmed all limbs and branches 
 extending or hanging over the public streets, highways and places. 
 
 § 302. Streets and roads in parks. — Streets and roads within 
 the public parks are not public highw^ays or streets. Roads 
 and highways within lands hereafter aequired for park purposes 
 thereupon cease to be public highways, 
 
 § S03. Power to order work and purchase supplies. — The park 
 
 commission has power to cause work to be done and to purchase 
 
 supplies and materials necessary in the performance of its duties. 
 
 When the cost of any work or materials and supplies, or both, 
 Chap. 755 8
 
 112 
 
 exceeds two hundred and fifty dollars, a written contract therefor 
 in the nanie of the city mnst be entered into, signed by the presi- 
 dent of the park connnission, after the receipt of bids therefor 
 upon notice published at least three days in the official papers. 
 The power conferred by this section is subject to the limitations 
 provided in this act as to expenditures of money. 
 
 § 304. Power to lease. — The park commission has power to 
 lease any building or structure in the public parks for a term 
 not exceeding three years, and to let for any term not exceeding 
 three years the right to sell refreshments, provisions or other 
 articles within the public parks upon such terms and conditions 
 as it may prescribe ; and has power to license hacks for use in the 
 public parks for any term not exceeding three years; and the 
 proceeds of such leases and licenses must be deposited with the 
 treasurer and placed to the credit of the department of parks and 
 may be used in addition to its appropriation for the year in which 
 it is received. 
 
 § 305. Railroads and telephone lines through parks. — 'No rail- 
 road must be laid in, upon, over or through the public parks or 
 squares of the city, except that a street surface railway for the 
 carriage of passengers only may be laid therein with the consent 
 of the park commission, and upon such terms and conditions as it 
 may prescribe. 'No telegraph or telephone line and no poles there- 
 for may be erected or constructed in, over, under or through the 
 public parks and squares, except with the . consent of the park 
 commission and upon such terms and conditions as it may pre- 
 scribe. 
 
 AETICLE XII. 
 
 Departmeis't of Public Safety. 
 
 Section 31G. Commissioner of public safety. 
 
 317. Powers and duties of commissioner. 
 
 318. Appointment of probation officers. 
 
 319. Powers and duties of secretary. 
 
 320. Police bureau.
 
 113 
 
 Soctiuii 321. Powers and duties of chief of police. 
 
 322. Fire bureau. 
 
 323. Powers and duties of chief of fire force. 
 
 324. Eules for police and fire force. 
 
 325. Police and fire force to remain as now constituted 
 
 326. Appointment of policemen and firemen. 
 32Y. Qualifications of policemen and firemen. 
 
 328. Tenure of office of policemen and firemen. 
 
 329. Compensation for loss and injury. 
 
 330. Charges and trials of policemen and firemen. 
 
 331. Exemption from military and jury duty. 
 
 332. Powers and duties of policemen. 
 
 333. Service of process. 
 
 334. Political activity prohibited. 
 
 335. Police pension fund. 
 
 336. Fire pension fund. 
 
 337. Health bureau. 
 
 338. Health officer. 
 
 339. Appointment of experts. 
 
 340. Commissioner has powers of board of health. 
 
 341. Charges and trials of health officer and subordi- 
 
 nates. 
 
 342. Appeals from orders of health officer. 
 
 343. Inspection of public buildings. 
 
 344. Approval of plans for sewers and drains. 
 
 345. Health districts. 
 
 346. City physicians. 
 
 347. Actions to restrain nuisances. 
 
 348. Duty in case of peril to public health. 
 
 349. Public health law applicable. 
 
 350. Bureau of buildings. 
 
 351. Powers and duties of fire marshal. 
 
 352. Powers may be delegated. 
 
 Section 31G, Commissioner of public safety — The commis-
 
 1 1 1 
 
 sioncr of public safety is the head of the department of public 
 safety, and he may appoint to hold office during his pleasure a 
 secretary, a fire marshal, and such other subordinates as may be 
 prescribed by the board of estimate and apportionment. When- 
 ever a vacancy occurs in the office of chief of police, chief of the 
 fire force, or health officer, the commissioner of public safety may 
 appoint a suitable and competent person to fill the same. The 
 chief of police, the chief of the fire force and the health officer 
 each holds office during good behavior or until permanently in- 
 capacitated or unfit to discharge the duties of the office. 
 
 ^ 317. Powers and duties of commissioner — The eomniissioncr 
 of public safety has cognizance, jurisdiction, supervision and con- 
 trol of the police bureau, fire bureau, health bureau and bureau 
 of buildings, and of the officers and members thereof, and pos- 
 sesses and must exercise fully and exclusively all powers and 
 perform all duties pertaining to the government, maintenance and 
 direction of said bureaus, and the officers and members thereof, 
 the apparatus and property thereof, and the buildings furnished 
 for the exclusive use thereof; and he possesses such other 
 powers and must perform such other duties as may be prescribed 
 by law or by ordinance of the common council. 
 
 § 318. Appointment of probation officers. — The commissioner 
 may appoint to hold office during his pleasure, such number of 
 probation officers as may be prescribed by the board of estimate 
 and apportionment, which number may include one or more female 
 probation officers, if so provided by the board, and they possess 
 the powers now or hereafter conferred by law upon probation 
 officers, and must perform such duties as may be prescribed by 
 the commissioner or otherwise by law. 
 
 § 319. Powers and duties of secretary. — It . is the duty of 
 the secretary to attend to the office of the coimnissioner, and to 
 keep under his direction all the records and jjapers of the depart- 
 ment, and to keep a record of all the official acts of the commis- 
 sioner; and he has power to administer oaths and take affidavits 
 in all matters and proceedings pertaining to the department, and
 
 115 
 
 must perform sucli other duties as may be imposed upon him by 
 the commissioner or by ordinance of the common council. 
 
 , § 320. Police bureau. — The police bureau is in the department 
 of public safety, and the chief officer thereof is the chief of 
 police. 
 
 § 321. Powers and duties of chief of police. — The chief of 
 police, under the direction and control of the commissioner, has 
 the supervision and management of the police force, and he has 
 the power, and it is his duty to see that all rules and regulations 
 of the commissioner of public safety relating to the police force are 
 enforced and carried out; to commit any person charged with a 
 criminal offense until an examination is had before the proper 
 magistrate ; to administer oaths and take affidavits in respect to all 
 matters pertaining to his official duties or relating to the police 
 force; and to perform such other duties as may be prescribed 
 by law, the commissioner of public safety, or by ordinance of the 
 common council. 
 
 § 322. Pire bureau. — The fire bureau is in the department of 
 public safety, and the chief officer thereof is the chief of the fire 
 force. 
 
 § 323. Powers and duties of chief of fire force. — The chief 
 of the fire force, under the direction and control of the commis- 
 sioner, has the supervision and management of the fire force, and 
 he must perform such duties as may be prescribed by law, by the 
 commissioner of public safety, or by ordinance of the common 
 council. 
 
 § 321. Rules for police and fire force. — The commissioner 
 must make rules and regulations not inconsistent wath the provi- 
 sions of this act and other laws of the state, or the ordinances of 
 the common council, for the government, direction, management 
 and discipline of the police force and of the fire force. 
 
 § 325. Police and fire force to remain as now constituted. — The 
 police force and the fire force shall each as to its component parts 
 remain as now constituted, until the same is changed by ordinance 
 of the common council.
 
 jk; 
 
 § 32G. Appointment of policemen and firemen.— The commis- 
 sioner has authority to appoint, as vacancies occur, all the members 
 of the police and fire forces and at all times to classify and dis- 
 tribute them into grades to conform to the ordinances of the com- 
 mon council. 
 
 § 327. Qualifications of policemen and firemen. — No person 
 may be appointed to membership in the police or fire force, or 
 continue to hold membership therein, who is not a citizen of the 
 United States, who is not of good moral character, who has ever 
 been convicted of any crime, who cannot understandingly read and 
 write the English language, or who has not resided in the city 
 during two years next preceding his appointment. 
 
 § 32S. Tenure of office of policemen and firemen All the 
 
 officers and members of the police and fire force subject to the 
 power of removal herein contained, hold their respective offices 
 during good behavior, or imtil by age or disease they become 
 permanently incapacitated to discharge their duties. 
 
 § 329. Compensation for loss and injury. — The commissioner, 
 when authorized by ordinance of the common council, may com- 
 pensate officers and members of the police and fire force for loss 
 of personal property and for medical and hospital expenses arising 
 from injuries incurred in actual performance of duty, in an 
 amount fixed by such ordinance. 
 
 § 330. Charges and trials of policemen and firemen. — If a 
 charge be made by any person against any officer or member of the 
 police or fire force, that he has been guilty of neglect of duty, 
 or negligent or derelict in the performance thereof, or guilty of 
 misconduct in his office, or that he is incompetent to perform the 
 duties thereof, or that he is incapacitated by age or disease or 
 infirmity to properly discharge the duties thereof, or that he is 
 guilty of some delinquency or misconduct showing an unfitness 
 for office, or that he has violated the rules of the commissioner of 
 public safety, the charge must be put in writing in the form re- 
 quired by the rules of the commissioner of public safety, and a 
 copy thereof must be served upon the accused person. It is then
 
 117 
 
 tho duty of the Goramissioner to hear, try and determine the charge 
 according to the rules made by him in relation to such matters. 
 The accused person has the right to be heard in person and by 
 counsel, and to give and furnish evidence in his defense. All 
 trials are open to the public. The commissioner has power to 
 issue subpoenas under his name and official title to compel the 
 attendance of witnesses upon any hearing, and any person duly 
 served with a subpoena is bound to attend in obedience to the com- 
 mand thereof. If the accused person is found guilty of the 
 charge against him, the- commissioner may punish him by repri- 
 mand, by forfeiture of pay for some definite time, by a fine not 
 exceeding fifty dollars, by a reduction in grade, or by dismissal 
 from the force, or may subject him to any other discipline pre- 
 scribed in the rules' promulgated by the commissioner of public 
 safety. The commissioner may summarily dismiss from the force 
 any person failing or neglecting to pay within the time or times 
 prescribed by the commissioner, a fine imposed by him. The de- 
 cision of the commissioner is final and conclusive, and not subject 
 to review, by any court. 
 
 § 331. Exemption from military and jury duty. — Ko officer 
 or member of the police or fire force is liable to military or jury 
 duty, or while actually on duty to arrest on criminal or civil 
 process. 
 
 § 332. Powers and duties of policemen. — The members of the 
 police force, excepting the surgeons, in criminal matters have all 
 the pow^ers of peace officers under the general laws of the state, 
 and they also have the power and it is their duty to arrest any per- 
 son found by them violating any penal ordinances of the city or 
 laws of the state, and to take such person before the police 
 justice, to be dealt with in the same manner as if such per- 
 son had been arrested upon a warrant theretofore duly issued 
 by such magistrate. It is their duty to report violations of law 
 and ordinances, coming to their knowledge in any way, under regu- 
 lations prescribed by the commissioner of public safety. They also 
 have in every part of the state in criminal matters all the powers
 
 118 
 
 of constables; and any warrant for search or arrest issned by any 
 magistrate of the state may be executed by them in any part of the 
 state, according to the tenor thereof without endorsement. 
 
 § 333. Service of process. — All ci'iiniii;!! process for any offense 
 committed within the city, and all process to punish violations 
 of penal ordinances, and every process, subpoena or bench warrant 
 issued by the district attorney of the county of Monroe relating 
 to any offense within the city, and every process, subpoena or war- 
 rant issued by any coroner of Monroe county in any inquest held 
 in the city relative to the death of any person, may be sensed by 
 members of the police force. 
 
 § S?A. Political activity prohibited. — ]SFo officer or member of 
 the police force may be a member of or delegate to any political 
 convention, or be present at such convention except in the per- 
 formance of official duty; and he may not solicit any person to 
 vole at any political caucus, primary or election, for any candidate, 
 or challenge any voter or in any manner attempt to influence any 
 voter at any political caucus, primary or at any election, or 
 be a member of any political committee. Any person violating 
 the provisions of this section forfeits his position,. and it is the duty 
 of the commissioner of public safety, after a hearing as hereinbe- 
 fore provided, to dismiss him from the force. 
 
 § 335. Police pension fund. — 1. Pension fund. The police 
 pension fund, in addition to the moneys therein contained, con- 
 sists of: 
 
 (a) All fines imposed upon members of the police force by 
 the commissioner of public safety, and all moneys, pay, compensa- 
 tion or salary, or any part thereof forfeited, deducted or withheld 
 from any member or members of the police force for or on account 
 of absence for any cause, lost or sick time, sickness or disability, 
 (b") All moneys paid for special services of policemen at balls, 
 parties, weddings, excursions or picnics, and all rewards or gifts 
 paid or given to any member of the police force for his services; 
 all moneys paid to policemen as witnesses in actions in the line 
 of their duties, either before any grand jury or upon trial of any
 
 119 
 
 criminal action ; also all moneys paid for tlie service of policemen 
 [■L bringing prisoners from other places to the city of Rochester or 
 taking prisoners from the city of Rochester to any other place. 
 
 (c) The avails of all lost or stolen securities, choses" in action, 
 moneys, things or other property which remain unclaimed in pos- 
 session of the police force for the period of six months after con- 
 viction for stealing the same, together with the avails of all 
 unclaimed or confiscated property of every nature whatsoever 
 which has been in custody of the police force for such period of 
 six months; and all cash, money or property left as security or 
 in lieu of bail for appearances in police court and forfeited, 
 whether deposited with the county treasurer or with the police 
 justice or any other ofiicial. ' 
 
 (d) All fines imposed in the police court and collected for 
 carrying or having in custody- concealed or dangerous weapons, 
 and for violations of an ordinance of the common council entitled 
 "An ordinance relating to public safety and good order " as now 
 or hereafter amended; and all fines imposed in the police court 
 and collected for non-registration of dogs. 
 
 (e) All revenues derived from licenses for use of triplet, 
 billiard and pool tables or any other similar table for revenue, 
 bowling alleys and pawnbrokers, junk dealers and lunch wagons 
 and five dollars from each huckster's annual license fee, and all 
 fines and penalties imposed and collected through prosecutions 
 connected with the use of triplet, billiard and pool tables, bowling 
 alleys and lunch wagons and through prosecutions relating to 
 pawnbrokers, junk dealers and hucksters. 
 
 (f) Such sum per month to be paid by each member of the 
 
 police force as may be agreed upon by the members thereof, not 
 less than two per centum of the monthly pay, salary or compen- 
 sation of each member of the police force; such sum to be de- 
 ducted by the city treasurer and credited to the pension fund. 
 
 (g) The sum of three thousand dollars, which must be provided 
 for in the annual estimate and raised in the annual levy of taxes. 
 
 (h) One and one-half per centum of all moneys received annu-
 
 120 
 
 ally by the city from liqivor tax receipts, which percentage must 
 'be annually deducted therefrom and credited to the police pension 
 'fund. 
 
 2. PiiKsions. 
 
 (a) The commissioner of public safety has power in his dis- 
 cretion, upon the certificnte of the police surgeon, to retire and 
 dismiss from membership any member of the police force who 
 after fifteen years' and less than twenty years' service therein 
 •becomes superannuated by age, permanently insane or mentally 
 incapacitated or disabled, physically or mentally, so as to be un- 
 •fitted or unable to perform full police duty by reason of such 
 disability or disease contracted without misconduct on his part, 
 and to thereupon grant him a pension of an annual sum not less 
 than two hundred and fifty dollars and not exceeding five hundred 
 dollars. 
 
 (b) The commissioner of public safety has power in his dis- 
 cretion to retire and dismiss from membership any member of the 
 police force who has performed duty therein for a period of 
 twenty years or upwards, upon the application in writing of such 
 member; and also any member of the police force who while in 
 and by reason of the actual performance of duty and without fault 
 or misconduct on his part is injured and becomes permanently 
 disabled, physically or mentally, so as to be unfitted to perform 
 'full police duty, upon the certificate of the police surgeon show- 
 ing that such member is permanently disabled, physically or 
 mentally, so as to be unfit for dutj', and to thereupon grant a 
 pension to the retired member in either of the above cases of an 
 •annual sum not less than one-half his salary or compensation at 
 the time of retirement ; which pension is for the natural life of the 
 •member so retired and must not be revoked, repealed or dimin- 
 ished. - ~ 
 
 3. Pensions to widows and children.— The commissioner of 
 'public safety has power in his discretion to grant a pension to the 
 widow of a member who is killed in the actual performance of 
 'duty or dies from the effect of an injury received in the actual
 
 121 
 
 performance of duty, of an annual sum not exceeding one-half 
 of the salary or compensation of the deceased member and not 
 exceeding five hundred dollars; and to grant a pension to the 
 widow of a member retired upon a pension after twenty years' 
 service, of an annual sum not exceeding one-half of the salary or 
 compensation of the deceased member at the time of his retire- 
 ment and not exceeding five hundred dollars ; and to grant a pen- 
 sion to the widow of a member who dies after fifteen years' ser- 
 •vice or after having been retired upon a pension after fifteen 
 years' service, of an annual sum not exceeding two hundred and 
 »fifty dollars. If in addition to the widow, the deceased member 
 leave a child or children under eighteen years of age, then the 
 amount of j^ension may be divided between the widow and chil- 
 dren in such proportion and in such manner as the commissioner 
 of public safety may direct ; and if the deceased member leave a 
 •child or children under eighteen years of age, and no widow, or 
 tif a widow, then after her death, the. commissioner in his discre- 
 tion may grant such pension to the child or children under eigh- 
 teen years of age. If the deceased member leave no widow or 
 child, but a parent or parents wholly dependent upon him for sup- 
 port, the commissioner in his discretion may grant such pension 
 ■to the parent or parents or to the survivor of them. If the de- 
 ceased member leave no widow, child or dependent parent, but one 
 or more brothers and sisters wholly dependent upon him, under 
 sixteen years of age, the commissioner in his discretion may grant 
 such pension to such brothers and sisters, to be apportioned among 
 them as the commissioner may direct. When a member of the 
 police force who has been retired on a pension thereafter marries, 
 his widow and children of such marriage are not entitled to pen- 
 sions under this act. 
 
 4. Computation of time of service. — In computing the time of 
 service of any member of the police force for the purposes of 
 granting a pension to him or liis widow or children, the term of 
 service of such member on any regular police or fire force of the 
 city must be computed and taken the same as service on the police
 
 122 
 
 force of the city, and it is not necessary that such service has been 
 continuons. 
 
 5. Termination of pensions. — A pension to a widow terminates 
 when the widow remarries, and a f)ension to a child terminates 
 when the child arrives at the age of eighteen years or when the 
 child marries before reaching the age of eighteen years; and a 
 pension to a dependent brother or sister terminates when he or 
 she reaches the age of sixteen years. 
 
 6. Revocation of pensions. — The commissioner of public safety 
 may in his discretion revoke any pension granted, or any part 
 thereof, except in the case of members of the police force retired 
 after twenty years' service or because of injury received in th-^ 
 actual performance of duty, and he must upon revoking any pen- 
 sion or part thereof file with the chief of police a ^^Titten state- 
 ment of the cause of such revocation. 
 
 7. Pro rata payment. — Should the moneys in the police pension 
 fund at any time be inadequate to fully pay all pensions granted 
 and payable therefrom, a pro rata amount of the respective pen- 
 sions granted may be paid to the pensioners. 
 
 8. Auditing committee. — An auditing committee consisting of 
 three members must be elected annually on the first Monday of 
 January in each year from the membership of the police force, at 
 a meeting thereof called for that purpose by the chief of police. 
 The committee must audit the accounts of the comptroller and 
 treasurer relating to the police pension fund, and must report the 
 result thereof to the police force at a special meeting called for 
 that purpose by the chief of police on the fourth Monday of Janu 
 ary in each year. 
 
 9. False oaths punishable. — Every person who knowingly o- 
 wilfully in any wise procures the making or presentation of any 
 false or fraudulent affidavit or affirmation concerning any claim 
 for a pension from the police pension fund or payment thereof, 
 or who wilfully swears falsely in any oath or affirmation in obtain- 
 ing or procuring any pension from said fund or payment thereof, 
 is guilty of a felony.
 
 123 
 
 10. Pension moneys exempt from execution. — The moneys, 
 securities and effects of the police pension fund and all pensions 
 and moneys granted and payable from said fund, are and shall 
 be exempt from execution and from all process and proceedings 
 to recover the same or to enjoin or stay the payment of the same by 
 or on behalf of any creditor or person having or asserting any 
 claim, debt or liability against any pensioner of said fund. 
 
 § 33G. Fire pension fund. — 
 
 1. Pension fund. — The fire pension fund, in addition to the 
 moneys therein contained, consists of: 
 
 (a) All fines imposed upon members of the fire force by the 
 commissioner of public safety, and all moneys^ pay, compensatioji 
 or salary, or any part thereof, forfeited, deducted or withheld 
 from any member or members of the fire force for or on account 
 of absence or suspension from duty. 
 
 (b) All awards, money, fees, gifts, testimonials and emolu- 
 ments that may be paid or given for or on account of services by 
 the fire force or any member thereof. 
 
 (c) All fees received for licenses of theatres and public places 
 of amusement. 
 
 (d) All fines or penalties imjDOsed and collected for violation of 
 ordinances of the common council relating to the management, 
 conduct and control of or interference with the fire force of the 
 city, and also relating to the erection and construction of wooden 
 buildings. 
 
 (e) Two per centum of the monthly pay, salary or compensa- 
 tion of each member of the fire force, to be deducted monthly 
 and credited to the fire pension fund. 
 
 (f) The sum of three thousand dollars, which must be pro- 
 vided for in the annual estimate and raised in the annual levy 
 of taxes. 
 
 (g) Two per centum of all moneys received annually by the 
 city from the liquor tax receipts, which percentage must be annu- 
 ally deducted therefrom and credited to the fire pension fund.
 
 124 
 
 2. Pensions. — 
 
 (a) The commissioner of public safety has jjowcr in his discre- 
 tion, npon the certificate of a surgeon designated by him, to retire 
 and dismiss from membership any member of the paid fire force 
 who after twenty years' membership therein becomes superannu- 
 ated by age, permanently insane or mentally incapacitated or 
 disabled, physically or mentally, so as to be unfitted or unable to 
 perform full fire duty by reason of such disability or disease con- 
 tracted without misconduct on his part, and to thereupon grant 
 him a pension of an annual sum not less than one-half his salary 
 or compensation at the time of retirement. 
 
 (b) The commissioner of public safety has power in his discre- 
 tion to retire and dismiss from membership any member of the 
 paid fire force who has performed duty therein for a period of 
 twenty years or upwards, either as a paid or minute man, and who 
 has attained the age of fifty years, upon the application in w-riting 
 of such member; and also any member of the paid fire force wb") 
 while in aiiil by reason of the actual performance of duty, and 
 without fault or misconduct on his part, is injured and becomes 
 permanently disabled, physically or mentally, so as to be unfitted 
 to perform full fire duty, upon the certificate of a surgeon desig- 
 nated by the commissioner of public safety showing that such mem- 
 ber is permanently disabled, physically or mentally, so as to bo 
 unfit for duty; and to thereupon grant a pension to the retired 
 member in either of the above cases, of an annual sum not less 
 than one-half his salary or compensation at the time of retirement ; 
 which pension is for the natural life of the member so retired and 
 must not be revoked, repealed or diminished. 
 
 3. Pensions to widows and children. — The commissioner of 
 public safety has power in his discretion to grant a jDcnsion of an 
 annual sum not exceeding three hundred dollars per annum, to the 
 widow of any member of the fire force who is killed while in 
 the actual performance of duty or who dies from the effect of an 
 injury received in the actual performance of duty, or who dies 
 after fifteen years of service in the fire force or after having been
 
 125 
 
 retired upon a pension nnder this act. If in addition to the 
 widow, the deceased member leave a child or children under 
 eighteen years of age, then the amount of pension may be divided 
 between the widow and children in such proportion and in such 
 manner as the commissioner of public safety may direct; and if 
 the deceased member leave a child or children under eighteen 
 years of age, and no widow, or if a widow, then after her death, the 
 commissioner in his discretion may grant such pension to the child 
 or children under eighteen years of age. If he leave no widow 
 or child, but a parent or parents wholly dependent upon him for 
 support, the commissioner in his discretion may grant such pen- 
 sion to the parent or parents or to the survivor of them. If he 
 leave no widow, child or dependent parent, but one or more 
 brothers and sisters wholly dependent on him, under sixteen years 
 of age, the commissioner in his discretion may grant such pension 
 to such brothers and sisters, to be apportioned among them as the 
 commissioner may direct. When a member of the fire force who 
 has been retired on a pension thereafter marries, his widow and 
 children of such marriage are not entitled to pensions under this 
 act. 
 
 4. Termination of pensions. — A pension to a widow terminates 
 when the widow remarries; and a pension to a child terminates 
 when the child arrives at the age of eighteen years or when the 
 child marries before reaching the age of eighteen years; and a 
 pension to a dependent brother or sister terminates when he or she 
 reaches the age of sixteen years. 
 
 5. Revocation of pensions. — The commissioner of public safety 
 may in his discretion revoke any pension granted or any part 
 thereof, except in cases of members of the fire force retired after- 
 twenty years' service or because of injury received in the actual 
 performance of duty; and he must upon revoking any pension or 
 part thereof, file with the chief of the fire force a written statement 
 of the cause of such revocation. 
 
 C). Pro rata payment. — Should the moneys in the fire pension 
 fund at any time be inadequate to fully pay all pensions granted
 
 120 
 
 and payable therefrom, a pro rata amount of the respective 
 pensions granted may be paid to the pensioners, 
 
 7. Auditing committee. — The fire force must elect annually 
 an auditing committee of three members who may be chosen from 
 the members of the fire force, including those retired upon a 
 j.ension, and from the members of the Firemen's mutual benefit 
 association. The committee must audit the accounts of the comp- 
 troller and treasurer relating to the fire pension fund, and must 
 report the result thereof to the fire force. 
 
 S. False oaths punishable. — Any person who knowingly or 
 wilfully in any wise procures the making or presentation of any 
 false or fraudulent affidavit or affirmation concerning any claim 
 for a pension from the fire pension fund or payment thereof, or 
 who wilfully swears falsely in any oath or affirmation in obtaining 
 or procuring any pension from said fund or payment thereof, is 
 guilty of a felony. 
 
 9. Pensions exempt from execution. — The moneys, securitie.5 
 and effects of the fire pension fund and all pensions and moneys 
 granted and payable from said fund are and shall be exempt from 
 execution and from all process and proceedings to recover the same 
 or to enjoin or stay the payment of the same by or on behalf of 
 any creditor or person having or asserting any claim, debt or 
 liability against any pensioner of said fund. 
 
 § 337. Health bureau. — - The health bureau is in the department 
 of public safety, and the chief officer thereof is the health officer, 
 and he has power, with the approval of the commissioner, to 
 appoint to hold office during his pleasure a deputy and such other 
 subordinates as may be prescribed by the board of estimate and 
 apportionment. 
 
 § 338. Health officer. — The health officer, under the direction 
 and control of the commissioner, has the supervision and man- 
 agement of the health bureau, and possesses such powers and muat 
 perform such duties as are prescribed by the commissioner, by 
 ordinance of the common council, by this act, or otherwise by law. 
 No person is eligible to the office of health officer unless he is a
 
 127 
 
 physician and snrgcon duly authorized to practice medicine under 
 the laws of this state and has had at least ten years' active practice 
 in his profession. 
 
 § 330. Appointment of experts, — The health officer, with the 
 written consent of the mayor, may with the approval of the com- 
 missioner, temporarily employ such health and sanitary experts a? 
 may be necessary, at a compensation fixed by the board of estimate 
 and apportionment. 
 
 § 3 10. Commissioner has powers of board of health. — The 
 commissioner of public safety exercises all the powers and ie 
 tbargeil with all the duties now or hereafter conferred upon or 
 required of local boaids of health by the laws of this state, so far 
 as the saiiio pertain to cities, with the exceptions, limitations and 
 jidditions herein contained. The power now or hereafter coa- 
 lerretl by the laws of this state on the local boards of health to 
 miike and publish general orders and regulations for the preser- 
 vation of life and health and the execution of the public health 
 law, must not be exercised by the commissioner, but is vested in 
 the common council, to be exercised by ordinances adopted and 
 with the fine, imprisonment and penalties as herein provided. 
 The power to make special or individual orders and regulations 
 for the suppression of nuisances and concerning other matters 
 detrimental to public health, not of general application, now or 
 hereafter conferred upon local boards of health, may be exercised 
 by the commissioner of public safety in the manner now or here- 
 after provided by law. 
 
 § 3il. Charges and trials of health officer and subordinates. — 
 If a charge is made by any person .against the health officer or 
 any of his subordinates that he has been guilty of neglect of dutv 
 or negligent or derelict in the performance thereof, or guilty oJ 
 misconduct in his office, or that he is incompetent to perform the 
 duties thereof, or that he is incapacitated by age or disease or 
 infirmity to properly discharge the duties thereof, or that he is 
 guilty of some delinquency or misconduct showing unfitness for 
 Chap. 755 9
 
 128 
 
 the office, and if in the case of a subordinate, the health officer 
 after such charges are made refuse to discharge him, the commis- 
 sioner must then hear, try and determine the charge. The charges 
 must be served, the hearing had, and the commissioner may punish 
 as is provided herein for charges and trials of members of the 
 police and fire force. The decision of the commissioner is fiti.il 
 and conclusive and not subject to review by any court. 
 
 § 342. Appeals from orders of health officer. — Any person ag- 
 grieved by an order, decision or direction of the health officer ma;y 
 appeal therefrom to the commissioner by serving on the health 
 officer a written notice of appeal within two days, Sundays and 
 legal holidays excepted, after he has received notice of the order, 
 decision or direction appealed from, or within snch further time 
 as may be allowed by the commissioner. Within two days aiu-c 
 receiving such notice of appeal, Sundays and legal holidays ex- 
 cepted, the health officer mnst make a written return to the com- 
 missioner of facts. and evidence on which such order, decision or 
 direction is founded. The commissioner may suspend the order, 
 decision or direction appealed from until the decision of the ap- 
 peal. Upon receipt of such return, or if no return be made within 
 the time specified, the commissioner must forthwith proceed to 
 hear and determine the matter upon the return, or, in his di-scre- 
 tion, upon additional evidence taken by him; and he may affirm, 
 reverse or modify the order, decision or direction appealed from. 
 § 343. Inspection of public buildings. — The health officer has 
 authority and it is his duty to make inspection, and to advise as to 
 the proper heating, ventilation and drainage of public buildings 
 under the control of the city, or any of its departments, boards or 
 officers ; and in case any such building is in use or in process of 
 erection^ without in the opinion of the health officer, proper ar- 
 i-angements for heating, ventilation or drainage, he has power, 
 subject to the right of appeal herein provided, to stop the use or 
 the erection of such building, to direct such arrangements to be 
 made, and to restrain further work upon the building until they 
 are made.
 
 129 
 
 § 344. Approval of plans for sewers and drains.— All plans for 
 sewers and drains must be submitted to tbe Health officer for 
 his approval before contracts are let for the construction of the 
 same, and in case he disapproves the same, such sewers and drains 
 must not be constructed unless on appeal to the commissioner he 
 approves the same. The health officer has power subject to the 
 right of appeal herein provided, to stop the construction or use 
 of drains and sewers which are not properly constructed or properly 
 used, or which are not in accordance with the plans previously 
 approved and adopted. 
 
 § 345. Health districts. — The commissioner must divide the 
 city into not more than twelve districts, to be known as "health 
 districts," and may alter the same from time to time ; and he 
 must file with the city clerk a written designation of such districts 
 and of any alteration thereof. 
 
 § 346. City physicians. — The commissioner has power to ap- 
 point to hold office during his pleasure, a city physician for each 
 of the health districts, and they must perform such duties as the 
 commissioner may direct or prescribe. The deputy health officer 
 £nd city physicians must render medical assistance to indigent 
 sick persons under the direction of the health officer and of the 
 commissioner of charities. This section does not apply to alms- 
 houses, hospitals or other public institutions which are provided 
 with a regularly appointed medical and surgical staff. 
 
 § 34Y. Actions to restrain nuisances. — Actions may be main- 
 tained by the city in courts of competent jurisdiction to restrain 
 the threatened performance of any act contrary to orders, directions 
 or decisions of the commissioner of public safety, and to restrain 
 and abate nuisances. 
 
 § 348. Duty in case of peril to public health In case of 
 
 great and imminent peril to the public health of the city by reason 
 of impending pestilence, it is the duty of the commissioner with 
 the sanction of the common council if it be practicable to convene 
 that body for prompt action, or if not, when approved by the 
 board of estimate and apportionment, to take such measures and
 
 130 
 
 do, order or cause to be done such acts, and to make such .extra- 
 ordinary expenditures in excess of the sum appropriated to the 
 bureau of health for the preservation and protection of the public 
 health as he may deem necessary and proper. Such peril to pub- 
 lic health is deemed to exist only when and for such period as the 
 commissioner and the board of estimate and apportionment by 
 unanimous vote determine. 
 
 § 349. Public health law applicable. — The public health 
 law, 'as now or hereafter existing, so far as it pertains to cities, 
 is applicable to the city of Rochester except as herein expressly 
 modified. 
 
 § 350. Bureau of buildings. — The bureau of buildings is in the 
 department of public safety, and the chief ofiicer thereof is the 
 fire marshal, and he has power, with the approval of the commis- 
 sioner, to appoint to hold office during his pleasure such sub- 
 ordinates as may be prescribed by the board of estimate and 
 apportionment. 
 
 § 351. Powers and duties of fire marshal. — The fire marshal, 
 under the direction and control of the commissioner, has the 
 govermnent and management of the bureau of buildings, and has 
 power to enter into and examine all dwellings, house?, buildings, 
 tenements and factories of every description, and all lots, yards 
 and enclosures ; and it is his duty to see that the laws of the state 
 and ordinances of the common council in relation thereto are 
 complied with, and to prevent the construction, erection and altera- 
 tion of structures and buildings which are being constructed, 
 erected or altered contrary to law or ordinance ; and he must per- 
 form such other duties as may be imposed upon him by the com- 
 missioner, or by ordinance of the common council, or by law. 
 
 § 352. Powers may be delegated. — The commissioner of public 
 safety may, from time to time, delegate the power of entry and 
 examination conferred upon the fire marshal by the preceding 
 section, to any officer or member of the police or fire force, and 
 all subordinates of the fire marshal possess such jx)wer of entry 
 and examination.
 
 131 
 
 AKTICLE XIII. 
 
 Depaktmext of Ciiaeities. 
 
 Section 363. Commissioner of charities. 
 
 364. Powers and duties of commissioner. 
 
 365. Certificates to maintain sick persons at institutions. 
 
 366. Powers and duties of overseer of the poor. 
 
 367. Power to administer oath. 
 
 368. City the o^\^ler of supplies. 
 
 369. Children not to be bound except by order of court 
 - or magistrate. 
 
 370. Liability of city limited. 
 
 Section 363. Commissioner of charities. — The commissioner of 
 charities is the head of the department of charities, and may ap- 
 point to hold office during his pleasure, a deputy, an overseer of the 
 poor, and such other subordinates as may l)e prescribed by the 
 board of estimate and apportionment. 
 
 § 364. Powers and duties of commissioner. — The commissioner 
 has the supervision of the expenditures of the money of the city 
 for the support or relief of the poor, and he must make regula- 
 tions for such expenditures. He must furnish to the mayor a 
 daily report of the aid and relief gTanted by him, with the names 
 and addresses of all recipients ; and he has such other powers and 
 duties not inconsistent with the provisions of this act or the other 
 laws of the state, as may be prescribed by the ordinances of the 
 common council. 
 
 § 365. Certificates to maintain sick persons at institutions. — 
 ISTo sick person, except one having or suspected of having a con- 
 tagious disease, may be maintained at any institution at the ex- 
 pense of the city, unless the commissioner certifies that such per- 
 son is an indigent person and is a proper city charge. 
 
 § 366. Powers and duties of overseer of the poor. — The over- 
 seer of the poor may, with the approval of the commissioner, 
 appoint to hold office during his pleasure such subordinates as
 
 132 
 
 may be prescribed by the board of estimate and apportionment, and 
 possesses, subject to the regulations and supervision of the com- 
 missioner, all the powers and authority of overseers of the poor 
 in the several towns of the county of Monroe, and is subject to the 
 same duties, obligations and liabilities. 
 
 § 3G7. Power to administer oath. — The commissioner, the 
 deputy, the overseer of the poor and all subordinates appointed by 
 the commissioner and overseer of the poor, have the power to 
 examine under oath any person applying for relief. 
 
 § 368, City the owner of supplies. — The city continues to be 
 the owner of all articles or supplies furnished to any poor person 
 or applicant until the same are consumed. If any person to whom 
 the same are furnished, sells or exchanges the same for money or 
 intoxicating liquor, or in any way disposes of the same other than 
 in the manner directed, he is guilty of a misdemeanor. 
 
 § 3G9. Children not to be bound except by order of court or 
 magistrate — ISTo child in the city of Rochester under sixteen years 
 of age may be bound out by the commissioner of charities, or the 
 overseer of the poor of the city, or any corporation authorized by 
 law to bind out children, except upon order of some court or 
 magistrate of competent jurisdiction. 
 
 § 370. liability of city limited. — IsTothing in this act contained 
 shall be construed to make the city liable for the support or 
 relief of any poor person, when it is not otherwise so liable. 
 
 ARTICLE XIV. 
 Department of Public Insteuction. 
 
 Section 381. Board of education. 
 
 382. General duties. 
 
 383. Specific duties. 
 
 384. Power to fix salaries. 
 
 385. Annual report to state superintendent. 
 
 386. Publication of proceedings. 
 
 387. Annual report to common council.
 
 Section 388. Board to estimate the number of pupils enrolled. 
 C89. Contracts for work and supplies. 
 
 390. Emergency repairs. 
 
 391. Contracts for construction of school buildings ex- 
 
 ceeding one year. 
 
 392. Custody of libD-aries. 
 
 393. Duties of secretary. 
 
 394. Qualifications of superintendent. 
 
 395. Pat\-ers and duties of superintendent. 
 
 396. Powers of principals. 
 
 397. Duties of supervising architect. 
 
 398. Qualifications of examiner. 
 
 399. Board of examiners. 
 
 400. Qualifications of principals and teachers. 
 
 401. Permanent appointment of principals and teachers. 
 
 402. Suspension and removal of ofiicers and employees. 
 
 403. Common council ma}' direct sale of school property. 
 
 404. Public schools free. 
 
 405. Teachers' retirement fund. 
 
 Section 381. Board of education. — The head of the department 
 of public instruction is the board of education, composed of the 
 commissioners of schools. The board must meet on the first Monday 
 of each and every month and at such other times as it may appoint, 
 and must at its first regular meeting in January of each year 
 elect one of its members president. Special meetings may be 
 called by the secretary upon order of the president or on request 
 of a majority of the board. 
 
 § 382. General duties.^ — The board establishes, controls, main- 
 tains and provides for the public schools, the public school system, 
 and the general educational interests of the city, and manage* 
 and controls the property, real and personal, which belongs to the 
 city and is used for the purposes of education, subject only to 
 the general statutes of the state relating to public schools and 
 public school instruction and to th« provisions of this act. 
 
 §383. Specific duties. — The board has power:
 
 i:51 
 
 1. Establishment of scliools. — To establish, control and main- 
 tain kindergartens, common schools, high schools, manual train- 
 ing and industrial schools, evening schools, including provision for 
 special studies and social improvement, vacation schools, train- 
 ing schools for teachers, and truant schools; to discontinue or 
 consolidate schools; and to supervise, maintain and equip play- 
 grounds established by the common council. 
 
 2. Changing grades and courses of study.— To change the 
 grades of any or all schools, and to adopt and modify courses of 
 study therefor. 
 
 3. Fixing qualifications of teachers.- — To license teachers for 
 the schools of the city, and to fix a standard of qualification as a 
 necessary requirement for the service of all principals and teach- 
 ers in the schools of the city, which requirement may be higher 
 but not lower than the minimum qualifications required by the 
 laws of the state and the provisions of this act. 
 
 4. Purchase of school property and supplies. — As herein pro- 
 vided, to purchase, lease or improve sites for school houses ; to 
 build, purchase, lease, enlarge, improve, alter and repair school 
 houses and appurtenances; to purchase, improve, exchange and 
 repair schools, apparatus, books, furniture and appendages; and 
 in. general to provide for all the requirements of the schools under 
 its control. 
 
 5. Appointment of ofiicers and employees. — To appoint as 
 herein provided : 
 
 (a) A secretary of the board to serve during its pleasure. 
 
 (b) A superintendent of public schools, whose term of ofiice is 
 four years. 
 
 (c) Two examiners to serve during the pleasure of the board. 
 
 (d) A supervising architect of experience and good standing 
 in his profession, to serve during the pleasure of the board. 
 
 (e) All school principals and teachers. 
 
 (f) All janitors and truant officers, sul)jcct, however, to the 
 restrictions imposed by the general laws of the state.
 
 135 
 
 (g) Such other officers and employees as it may deem necessary 
 for the proper discharge of its administrative duties. 
 
 6. Vacancies. — To fill for the unexpired term any vacancies 
 which may occur in the offices or positions in this section provided 
 for. 
 
 7. ISTon-resident pupils. — To allow the children of persons not 
 residents of the city to attend the schools under the care and con- 
 trol of the board, upon the payment of such tuition and upon such 
 terms as the board may by resolution prescribe. Permission may 
 be granted by resolution of the board to attend public school num- 
 ber one without payment of tuition, to children residing in what 
 is known as school district number two of the town of Brighton, 
 upon lands heretofore charged with any portion of the cost of 
 the construction of the school building now occupied and used by 
 the city of Rochester, and known as school number one, within the 
 following described limits : Commencing at the southeast coraer 
 of the limits of the city of Rochester, and thence southerly on a 
 straight line continued on the easterly line of the city, to the 
 southerly boundary of said district number two ; thence westerly 
 along the south line of said district to the boundary of the city. 
 
 8. Adoption of rules. — To adopt rules and regulations for the 
 proper transaction of its business ; for defining the duties of its 
 officers and employees, and for the proper execution of all power? 
 vested in and duties imposed upon it by law. ^ 
 
 § 384. Power to fix salaries. — The board of education may 
 fix within the proper appropriation of money therefor, the salaries 
 and compensation of all officers and employees appointed by it 
 
 § 385. Annual report to state superintendent. — The board 
 must between the first day of August and the thirtieth day of Sep- 
 tember of each year, transmit to the state superintendent of public 
 instruction, a report in writing for the state school year ending 
 on the next preceding thirty-first day of July, in such form and 
 stating such facts as the state sii])erintcnd('ut and school laws of 
 the state may require. 
 
 § 386. Publication of proceedings. — It is the duty of the board
 
 > 136 
 
 to cause to be published in one of the official papers a report of the 
 final proceedings of each meeting of the board. 
 
 § 387. Annual report to the common council. — It is the duty of 
 the board to prepare and transmit to the common council within 
 ten days preceding the close of the fiscal year, correct statements 
 of the receipts and disbursements of money during such fiscal 
 year, in which account must be stated under appropriate heads : 
 
 1. The moneys raised by the common council under the pro- 
 visions of this act. 
 
 2. The school moneys received by the city treasurer from the 
 county treasurer or the state. 
 
 3. All other moneys received by the city treasurer, subject to 
 the order of the board, specifying the same and the sources thereof. 
 
 4. The manner in which such sums of money have been ex- 
 pended, specifying the amount paid under each head of expendi- 
 ture, and whether any part of any such fund remains unexpended. 
 
 5. Whether any and what claims or bills against the depart- 
 ment, or obligations incurred by said department, remain un- 
 paid. 
 
 6. A full account of the condition of the teachers' retirement 
 fund, its amount, the manner of its investment, and all receipts 
 and disbursements on account of said fund during the year. 
 
 § 388. Board to estimate the number of pupils enrolled. — The 
 board must, oik or before the fifteenth day of January in each year, 
 report to the board of estimate and apportionment the total num- 
 ber of persons registered as pupils in the public schools of the city 
 during the preceding year. 
 
 § 389. Contracts for work and supplies. — "Whenever the board 
 intends to cause any work to be performed or to purchase any 
 supplies at an estimated expense of not less than fifty or more 
 than two hundred and fifty dollars, it is the duty of the officials 
 having jurisdiction thereof to procure estimates of such work 
 or supplies from two or more competitors, whenever practicable, 
 and report such estimate to the board for its consideration and 
 action. Whenever the estimated expense of such work or supplies
 
 13Y 
 
 exceeds two hundred and fifty dollars, the hoard must proceed as 
 follows : 
 
 (a) A resolution providing for the doing of the work, or the 
 purchasing of supplies, must be entered by the clerk in full in 
 the minutes of the board. Bids must be called for by publication 
 in the official papers at least twice in each week for two weeks. 
 
 (b) Bids duly sealed must be filed with the clerk by twelve 
 o'clock noon of the last day, as stated in the advertisement. 
 
 (c) Bids must be opened at the next meeting of the board and 
 publicly read by the clerk. 
 
 (d) Each bid, if it relates to both labor and materials, must 
 state each separately, with the price thereof, and must contain 
 the name of every person, firm or corporation interested in the 
 same ; and must be accompanied by a sufficient guarantee of some 
 disinterested person that if the bid is accepted a contract will 
 be entered into and the performance of it properly secured by 
 bonds duly approved. 
 
 (e) The board may, in its discretion, accept any bid which is 
 most advantageous to the city and thereupon cause a contract 
 therefor to be executed in the name of the city by the president 
 of the board; or it may reject any or all bids, as the interests 
 of the city require. 
 
 § 390. Emergency repairs. — In case of emergency requiring 
 the closing of a school building unless immediate repairs thereto 
 are made, the board may cause repairs thereto to be made without 
 a contract therefor, or may let a contract therefor without ad- 
 vertising and receiving bids, upon filing with the comptroller a 
 certificate approved by the mayor showing such emergency and 
 ihe necessity of repairs. 
 
 § 301. Contracts for construction of school buildings exceed- 
 ing one year. — The board may let contracts for the construction 
 of school buildings in which it is agi'eed that the contract price 
 is payable from the moneys appropriated for the department of 
 public instruction or otherwise lawfully added thereto for the 
 fiscal year in which the contracts are let and for the fiscal year
 
 138 
 
 following, provided that the total amount contracted to be paid 
 from the moneys for the fiscal year following the letting of con- 
 tracts must not exceed one hundred thousand dollars. 
 
 § 392. Custody of libraries. — The hoard is the trustee of the 
 school library or libraries ♦in the city, and all the provisions of 
 the law now or hereafter passed relative to public school libraries 
 apply to the board. It is vested with the same discretion as to the 
 disposition of all moneys appropriated by any law of the state 
 for the purchase of libraries which is therein conferred upon the 
 inhabitants of the school districts. It is the duty of the board to 
 provide for the safekeeping of the library or libraries. 
 
 § 393. Duties of secretary. — The secretary has charge of the 
 rooms, books, papers and documents of the board, except such 
 as pertain to the office and duties of the superintendent. He 
 must perform such duties as may be required of him by the board, 
 its committees or members. He has the right to administer oaths 
 and take acknowledgments, but without fee. He is the clerk of 
 the board, and must keep or cause to be kept a record of the pro- 
 ceedings thereof. He must also keep or cause to be kept a set of 
 records, showing the receipts and expenditures of the board. Said 
 expenditures must be subdivided so as to show the cost of main- 
 taining each school sej^arately and the supplies used therein. He 
 must also keep or cause to be kept a series of receipts, to be signed 
 by either the principals or janitors, certifying to all repairs and 
 improvements made and all supplies received for the respective 
 school buildings and premises. The printed record of the 
 board, or a transcript thereof, certified by the president, or 
 secretary, is presumptive evidence of all the facts therein set 
 forth, and such records, and all the books, accounts, vouchers 
 and papers of the board must at all times be subject to the in- 
 spection of the common council and of any committee thereof. 
 
 § 394. Qualifications of superintendent. — Xo person is eligible 
 to be appointed as superintendent, unless he is a graduate of a 
 college or university recognized by the regents of the state of
 
 139 
 
 ISTew York, and has had at least ten years' successful experience 
 as a practical educator. 
 
 § 395, Powers and duties of superintendent. — The superintend- 
 ent has power, and it is his duty to enforce the laws of the state 
 applicable to the public schools of the city and all the rules and 
 regulations of the board, except as herein provided. He must 
 visit the schools of the city as often as he can consistently with 
 his other duties, and inquire into the character of the instruction, 
 management and discipline, and advise and encourage the officers, 
 teachers and pupils thereof. He must prescribe, subject to the 
 rules of the board and the provisions herein, suitable registers, 
 blanks, forms and regulations for making all reports and for 
 conducting all necessary business connected with the school sys- 
 tem, and he must cause the same, with such information and in- 
 structions as he deems conducive to the proper organization and 
 government of the schools to be transmitted to the persons entrusted 
 with the execution of the same. He must report to the board 
 from time to time, as he may be required or deem necessary, a 
 statement of the condition of the schools and all such matters 
 relating to his office, and such plans and suggestions for the im- 
 provement of the schools and for the advancement of public in- 
 struction in the city, as he may deem expedient. He must recom- 
 mend the number of teachers necessary for each of the several 
 schools. He may, whenever occasion requires, and unless other- 
 wise directed by the board, appoint supply teachers and assign 
 them to duty, and he may temporarily transfer principals, teachers 
 and pupils from one school to another. It is his duty to main- 
 tain proper discipline in the management and conduct of the 
 schools, and he may in his discretion suspend or expel any pupil 
 guilty of misconduct or insubordination, and may suspend for 
 cause any teacher, principal or employee. He must immediately 
 report such suspension to the board. It is his duty to report to 
 the board inefficiency on the part of principals, teachers and em- 
 ployees. He must nominate an assistant superintendent, special
 
 140 
 
 teachers and supervisors. He must enforce the compulsory edu- 
 cation law and direct truant officers in the discharge of their duties. 
 
 § 396. Powers of principals. — A princi|)al under the general 
 supervision of the superintendent, has the direction of the school 
 over which he is placed, and the assignment of teachers to their 
 respective grades in the school, and he must direct them as to 
 methods of instruction and discipline. He may suspend any 
 teacher for a definite time for inefficiency or insubordination, 
 and he must immediately report such suspension and the reasons 
 therefor to the superintendent. 
 
 § 397. Duties of supervising architect. — It is the duty of 
 the supervising architect, subject to the rules and regulations 
 of the board, to inspect school buildings, prepare plans and speci- 
 fications for new buildings, annexes and repairs, and to supervise 
 the construction and making thereof. 
 
 § 398. Qualifications of examiner. — ISTo person is eligible to 
 be appointed as examiner, unless he is a graduate of a college or 
 university recognized by the regents of the state of New York, 
 and has had at least five years' successful experience in teaching 
 since graduation, or unless he has a state certificate and has had 
 at least ten years' successful experience in teaching since ob- 
 taining such certificate. "No^ principal or teacher in the public 
 schools of the city is eligible to appointment as examiner, 
 
 § 399. Board of examiners. — The board of examiners consists 
 of the superintendent and two examiners, and it is its duty to 
 examine all applicants for positions as principals or teachers in 
 the public schools of the city, and to prepare an eligible list of 
 such applicants as they may deem qualified, cla?sified as to po- 
 sition and graded according to scholarship, character and general 
 fitness. The board of examiners must hold such examinations as 
 the superintendent may prescribe, and must prepare the eligible 
 list. The superintendent must report the eligible list to the board 
 of education, and must also subscribe the same into a book, which 
 is open to public inspection. Any name placed upon the eligi- 
 ble list is entitled to remain thereon without further examination
 
 141 
 
 for the period of two years, after -which the name is dropped 
 from the list unless otherwise determined by the board of 
 examiners. 
 
 § 400. Qualifications of principals and teachers. — The super- 
 intendent must nominate principals for each school from the first 
 ten names certified by the board of examiners as qualified for 
 principalship. Xo person must be appointed to the position of 
 principal of high school or grammar school, or to the position of 
 teacher of a high school, who has not had two years' successful 
 experience as a teacher, and who does not possess one of the follow- 
 ing qualifications: (a) Completion of a four years' course in a 
 college or high school recognized by the regents of the state of 
 New York, (b) Completion of a four years' course in a normal 
 school recognized by the state department of public instruction, 
 (c) Holder of a life certificate of the state of ISTew York granted 
 upon examination. The superintendent and principal of a school 
 constitute a board for the nomination of teachers for such school 
 from the first twenty-five names on the eligible list for teachers, 
 but no person may be appointed as teacher in a grammar school 
 or kindergarten who is not a graduate of a normal school after 
 a course of study therein of at least two years, or has not pursued 
 a course in pedagogy in a state training school or city training 
 school for one year; except that any graduate of the normal 
 course of the Eochester athenaeum and mechanics' institute after 
 a course of study therein of at least two years may be appointed 
 as teacher of manual training, domestic science, domestic art, or 
 any of the special subjects comprised in the normal course of said 
 institute. The board of education must consider such nomina- 
 tion, and upon approval appoint the person so nominated. But 
 any principal or teacher in the employ of the board of education 
 at the time of the passage of this act is exempt from the condi- 
 tions as to qualifications or eligibility imposed by this act. Any 
 principal or teacher who has been appointed is eligible to reap- 
 pointment without examination or certification by the board of 
 examiners.
 
 142 
 
 § 101. Permanent appointment of principals and teachers. — 
 Any princi]inl or teaelicr wlio has been apjiointed to the same 
 school for throe successive years may, upon the recommendation of 
 the superintendent, be promoted by the board to permanent service 
 in such school during good behavior, and thereafter they may be 
 suspended or removed as herein provided only for cause and after 
 a hearing. 
 
 § 402. Suspension and removal of officers and employees.- — The 
 board may suspend any principal or teacher for a definite time, 
 and may for cause remove any officer, principal, teacher or em- 
 ployee; provided, however, that no officer, principal or teacher 
 may be removed until opportunity for a hearing at a meeting of 
 the board has been given. All suspensions by principals are 
 subject to review by the superintendent, and suspensions by the 
 superintendent are subject to review by the board. Any person 
 suspended is not entitled to salary for time of suspension, unless 
 such suspension is revoked by superior authority. This section 
 does not limit the power of removal of any person holding during 
 the pleasure of the board, and does not require any hearing to be 
 had upon a failure to reappoint after the expiration of a term. 
 
 § 403. Common council may direct sale of school property. — 
 Upon recommendation of the board of education, the sale of school- 
 houses, lots or sites, or any other school property, may be author- 
 ized by ordinance of the common council as herein provided in re- 
 lation to other sales of real property. The proceeds of such sale 
 must be paid to the treasurer to the credit of the funds of the 
 department of public instruction. 
 
 § 404. Public schools free. — The public schools are free to all 
 children between the ages of five and twenty-one years residing in 
 the city, and the evening schools are free to all persons over five 
 years of age residing in the city. 
 
 § 405. Teachers' retirement fund 
 
 1. Trustees. — The commissioners of schools, the superin- 
 tendent of schools, one principal and one teacher of the public
 
 143 
 
 schools, constitute a board of trustees of the teachers' retire- 
 ment fund. In September of every odd numbered year, a meet- 
 ing of all the principals and teachers of the public schools must 
 be called by the superintendent, at which one principal and one 
 teacher then in active service shall be chosen to serve for a term of 
 two years on the board of trustees. 
 
 2. Sources of fund. — The teachers' retirement fund, in addi- 
 tion to the moneys therein, consists of: 
 
 (a) All donations, legacies and gifts made to said fund. 
 
 (b) Two per centum of the annual salaries respectively paid 
 to the superintendent of schools, supervisors, principals and 
 teachers regiilarly employed in the public schools of the city, to be 
 deducted by the city treasurer in two semi-annual installments 
 and credited to the retirement fund ; except that no deductions are 
 to be made from the salaries of the superintendent and super- 
 visors now in office who have not become qualified to participate 
 in the benefits of the retirement fund; or from the salaries of 
 superintendents and supervisors hereafter appointed who do not 
 within one month after appointment give notice in writing to 
 the board of trustees of his or her desire to participate in the 
 benefits of the retirement fund. 
 
 (c) An amount to be paid each year from the funds appro- 
 priated by the city of Eochester for the department of public in- 
 struction, equal to one-half the total sum deducted from the 
 salaries of the superintendent, supervisors, principals and teachers 
 for that year. The amount thereof must be deducted by the city 
 treasurer in two semi-annual installments and credited to the 
 retirement fund. 
 
 (d) All moneys which may be obtained from other sources or 
 by other means duly and legally devised for the increase of the 
 retirement fund by the board of trustees or with their consent. 
 
 3. Payments from fund. — Xo moneys may be paid from the 
 teachers' retirement fund, until the amount and payment thereof 
 has been approved by a vote of the board of trustees. 
 
 Chap. 755 10
 
 144 
 
 4. Eetironiont on pensions. — 
 
 (a) In case the boarrl of education retires from" service or 
 lefnses to reappoint to service any supervisor, princi])al or teacher 
 who has served in such capacity or capacities for an aggregate 
 period of twenty years if a female, and tAventy-five years if a male, 
 the person so retired or refused reappointment thereupon becomes 
 an annuitant under the retirement fund, provided that not less 
 than fifteen years of such service have been performed in the 
 public schools of Rochester, and in case of a superintendent or 
 supervisor that he or she has become entitled to the benefits of the 
 retirement fund. 
 
 (b) Any superintendent, supervisor, principal or teacher who 
 has served in such capacity or capacities for a period of thirty 
 years if a female, or thirty-five years if a male, may, with the 
 consent of the board of education retire from service and become 
 an annuitant under the retirement fund, provided that not less 
 than fifteen years of such service have been performed in the 
 public schools of Rochester, and in case of a superintendent or 
 supervisor that he or she has become entitled to the benefits of the 
 retirement fund. 
 
 (c) Amount of annuity. — An annuity paid from the teachers' 
 retirement fund is one-half the amount of the annual salary of 
 the annuitant at the time of retirement from service, not exceed- 
 ing, however, eight hundred dollars. But if the moneys in the 
 retirement fund are at any time inadequate to fully pay all 
 annuities payable therefrom, the board of trustees may then direct 
 the payment to the persons entitled to participate in said fund aa 
 near a pro rata amount as in their judgment the circumstances will 
 warrant. 
 
 5. Amount of contribution. — ISTo person may become an an- 
 nuitant who has not contributed to the teachers' retirement fund 
 an amount equal to at least forty per centum of his or her annual 
 salary at the time of retirement, but any person otherwise qualified 
 may become an annuitant by making a cash payment to the retire-
 
 145 
 
 ment fund of such an amount as bis or her contributions may have 
 fallen short of the required forty per centum. 
 
 6. Refund of contributions. — If at any time a superintendent, 
 supervisor, principal or teacher who is "svilling to continue service 
 in the public schools of the city is not re-employed or is discharged 
 before the time when he or she would be entitled to an annuity, 
 then there must be paid back to such person, without interest, all 
 the money which may have been deducted from his or her salary 
 for the retirement fund. 
 
 AETICLE XV. 
 Department of Law. 
 
 Section 416. Corporation couhseL 
 
 417. Powers and duties of corporation counsel. 
 
 418. Duty to coimnence actions. 
 
 419. Appeals. 
 
 420. Approval of contracts. 
 
 421. Costs and allowances of corporation counsel. 
 
 422. Money ^collected to be paid to treasurer. 
 
 423. Compromise of claims. 
 
 424. Employment of counsel. 
 
 425. Payment of judgments. 
 
 426. Actions to recover taxes. 
 
 427. I^Totice to foreclose. 
 
 428. Foreclosure of tax liens. 
 
 429. Actions and proceedings to collect taxes upon real 
 
 estate. 
 
 430. Other remedies to collect laxes not affected. 
 
 431. Collection of taxes heretofore levied. 
 
 432. Actions now pending for the foreclosure of tax liens. 
 
 433. Taxes to have preference in payment over all other 
 
 claims. 
 
 434. Statute of limitations not a defense.
 
 146 
 
 * 
 Section 435. Limitation of right to attack sales im<1er tax fore- 
 closure. 
 
 436. Filing of map preliminary to condemnation pro- 
 
 ceedings. 
 
 437. Application for appointment of commissioner.s. 
 
 438. Appointment of commissioners. 
 
 439. Condemnation proceedings not affected by siil.f^ 
 
 quent transfers. 
 
 440. Oath of commissioners. 
 
 441. Hearings before commission. 
 
 442. Eeport of commissioners. 
 
 443. Compensation of commissioners. 
 
 444. Confirmation of report. 
 
 445. Possession of property and giving security. 
 
 446. Appeal from award. 
 
 447. Power of court on appeal. 
 
 448. Conflicting claims. 
 
 449. Award to unknown owners. 
 
 450. Award to nonresident owners. 
 
 451. Taxes to be deducted from award. 
 
 452. T\^lien title vests in city. 
 
 453. Procedure to assess damages for discontinuance or 
 
 change of grade of street. 
 
 454. Costs. 
 
 455. Application. 
 
 Section 410. Corporation counsel. — The corporation counsel 
 is the head of the department of law, and has power to appoint to 
 hold office during his pleasure, an assistant, who has all the powers 
 and duties of a deputy, and such other subordinates as may be pre- 
 scribed by the board of estimate and apportionment, and they must 
 discharge such duties pertaining to their offices as he may direct. 
 
 ^ 417. Powers and duties of corporation counsel. — The corpo- 
 ration counsel is the legal adviser of all the departments,' boards,
 
 147 
 
 bureaus and officers of the city, and he must appear for and pro- 
 tect the rights and interests of the city in all actions, suits and 
 proceedings brought by and against it, or by or against any depart- 
 ment, board, bureau or officer; and the departments, boards, 
 bureaus and officers must not employ other counsel ; and he must 
 attend to all the law business of the city, and discharge such other 
 duties as may be prescribed by ordinance of the common council. 
 § 418. Duty to commence actions. — The corporation counsel 
 must, when directed by either the mayor or by ordinance of the 
 common council, commence an action or proceeding in the name 
 of the city, or the necessary and proper department, board, bureau 
 or officer. 
 
 § 410. Appeals. — In an action or proceeding brought by or 
 against the city, or by or against any department, board, bureau 
 or officer thereof, the corporation counsel may when he deems it 
 for the best interests of the city, appeal from any order, decision 
 or judgment therein. 
 
 § 420. Approval of contracts. — Xo written contract providing 
 for the payment of two hundred and fifty dollars, or more, entered 
 into by the city, may be acted upon until there -is endorsed thereon 
 by the corporation counsel or his assistant, a certificate to the 
 effect that the officer who executed the same on behalf of the citj 
 had authority and power to make such contract, and that such 
 contract is in proper form and properly executed. 
 
 § 421. Costs and allowances of corporation counsel. — The cor- 
 poration counsel is entitled in actions and proceedings in which 
 the city is successful, to receive to his own use all costs and allow- 
 ances collected from the adverse party, but he must repay to the 
 city treasurer all amounts disbursed in the progress of such ao- 
 tions or proceedings which are taxable as disbursements therein, 
 and which have been paid by the city treasurer, whenever and as 
 soon as such amounts are collected. 
 
 § 422. Money collected to be paid to treasurer. — The C(U-]i(n-a- 
 tion counsel must pay over at once to the city treasurer all moneys
 
 148 
 
 collected by him for or on behalf of the city, including fines and 
 penalties. 
 
 § 423. Compromise of claims. — 'J'ho corporation counsel has 
 power whenever he considers it for the best interests of the city, 
 to enter into an agreement in writing, subject to approval by the 
 board of estimate and apportionment, to compromise and settle 
 any claim against the city, which agreement must be reported to 
 the common council at its next meeting, and constitutes a valid 
 claim against the city ; and the amount therein provided to be paid 
 must, with interest thereon at six per centum from the date of 
 approval, be included in the next annual estimate, and when raised 
 by tax be paid to the claimant. If, however, before the levy and 
 collection of the city taxes, there is received Ly the city treasurer 
 from any source any moneys not otherwise aj^propriatcd, the 
 money in the agreement provided to be paid may be paid out of 
 such moneys so received so far as they will satisfy the same. 
 
 § 424. Employment of counsel. — ■ The corporation counsel, with 
 the written consent of the mayor, may employ counsel at a com- 
 pensation fixed by the board of estimate and apportionment, to 
 assist him in the argument and conduct of important cases or 
 proceedings in which the city, or its departments, boards, bureaus 
 or ofiicers, is a party or interested. 
 
 § 425. Payment of judgments. — The amount of any judgment 
 recovered against the city, or any department, board, bureau or 
 officer thereof, payable by the city, in case no appeal is intended 
 to be taken, or in case such judgment is finally affirmed on an 
 appeal taken, must be reported to the common council by the 
 corporation counsel, and the amount thereof must be raised in 
 the next annual levy of taxes. Such judgments must be paid 
 out of the firs<t moneys paid into the city treasury on ac- 
 count of such levy, in the order of their recovery. Until the 
 money so raised is paid into the treasury, and payment of judg- 
 ment refused, no execution may issue against the city or against 
 any department, board, bureau or officer thereof on a judgment 
 payable by the city, unless the amount of such judgment has
 
 149 
 
 not been included in tlie tax levj; provided, nevertheless, if 
 there are any moneys in the treasury not otherwise appropriated, 
 such moneys may be applied to the payment of the judgments. 
 
 § 426. Actions to recover taxes. — All annual taxes levied upon 
 account of personal property including interest, penalties and fees 
 thereupon to the date of judgment or final order, at the rates here- 
 inbefore provided in this charter, must be collected in the name 
 of the city by the corporation counsel, after the first day of Janu- 
 ary following the date of the delivery to the city treasurer of the 
 tax rolls containing the same, by actions or supplementary pro- 
 ceedings. Such actions may be commenced in the municipal 
 court, in the Monroe county court or in the supreme court, in the 
 same manner as other civil actions are commenced in said respec- 
 tive courts, and the provisions of the code of civil procedure and 
 the laws and statutes relating to the conduct and prosecution of 
 actions and to practice and procedure in the respective said courts 
 apply to such actions. Supplementary proceedings to collect such 
 taxes must be commenced by the presentation to the county judge 
 or special county judge of Monroe county of an affidavit made by 
 an officer of the city of Rochester stating that a tax has been levied 
 against a person, firm, estate or corporation named therein, and 
 that the same is due and remains unpaid, and thereupon an order 
 may be granted requiring such person, firm, estate or corporation 
 to appear before such county judge or special county judge, or 
 before a referee named in such order and answer concerning his, 
 their or its property, and thereafter the same proceedings are had 
 in all respects as in cast's of proceedings supplementary to an exe- 
 cution against property as provided by the code of civil procedure, 
 and the provisions thereof thereafter apply to such supplementary 
 proceedings. 
 
 § 42Y. Notice of foreclosure. — When ajmual taxes upon real 
 estate remain unpaid for one year from the first day of Janu- 
 ary following the delivery to the eit}' treasurer of the tax rolls 
 containing the same, the corporation counsel must give notice to 
 the respective owners of the premises taxed that he intends to
 
 ir,o 
 
 commence actions to foreclose the liens of such taxes, unless the 
 respective taxes are paid within two weeks from the date of the 
 service of the respective notices; and the fees for serving such 
 notices not exceeding one dollar for each person served must be 
 added to and collected as a part of said taxes. Such notice may he 
 ser\ed on the owner of the land taxed, if he live in Rochester, per- 
 sonally or by leaving at his residence; 'if he do not live in Roch- 
 ester, personally or by mailing the same to him in a securely 
 ' closed envelope directed to him at his last known place of resi- 
 dence; if he is unknown, or if his place of residence cannot be 
 ascertained, by leaving the same with any occupant of the prem- 
 ises, and if the premises be unoccupied, by posting the same in a 
 conspicuous place thereon. The service of f-uch notice is not a 
 condition precedent to the right to maintain the foreclosure ac- 
 tion hereinafter provided for, and the failure to serve the same 
 is not a defense to such action. 
 
 § 428. Foreclosure of tax liens. — ^When annual taxes upon 
 real estate remain unpaid after the expiration of one year 
 from the first day of January following the delivery to the city 
 treasurer of the tax rolls containing the same, the liens created 
 by the levying of the taxes by the common council, together wnth 
 interest, fees and penalties thereon to the date of judgment, at 
 the rates provided in this charter, must be foreclosed in a court 
 of record in the name of the city by the corporation counsel, in 
 the same manner as is provided for the foreclosure of mortgages, 
 and the provisions of the code of civil procedure, and of the 
 rules of practice and the law and practice of this state relating 
 to the foreclosure of mortgages, and the provisions of the code 
 of civil procedure relating to the service of process, the commence- 
 ment and conduct of actions, the jurisdiction, procedure and 
 practice of courts, and award of costs, apply to said actions for 
 the foreclosure of tax liens. A conveyance upon a sale made 
 pursuant to a final judgment in an action to foreclose the lien 
 of a tax vests in the purchaser all the right, title and interest 
 and equity of redemption in and to said premises so sold of all
 
 151 
 
 the parties to said action, and of all parties claiming under them, 
 or any of them, whose conveyance or incumbrance is executed or 
 recorded subsequent to the filing of the notice of pendency of 
 action. Separate taxes against the same lot or parcel of land 
 may be foreclosed in one action, and where several lots or parcels 
 of land are owned by the same person or persons, corporation 
 or corporations, separate tax liens upon separate lots and parcels 
 of land so owned may, at the option of the corporation counsel, 
 be foreclosed in one action. All annual taxes, local assessments 
 and water rates due the city of Rochester, and which are a lien 
 upon the lands sold shall be satisfied from the proceeds of tho 
 sale of said lands as far as possible, and judgment for the 
 deficiency, if any, df all annual taxes, local assessments and 
 water rates due the city of Eochester, and which are a lien 
 apon the lands sold, must be granted against any defendant or 
 defendants in said actions personally liable therefor; and tho 
 final judgments in such actions may direct the cancellation or 
 satisfaction of record of any lien or liens of any party or parties 
 to the action. The corporation counsel may bid for and pur- 
 chase in the name of the city, upon sales under judgments in 
 actions to foreclose tax liens. 
 
 § 429. Actions and proceedings to collect taxes upon real 
 estate — The corporation counsel may al.-^o collect annual taxes 
 upon real estate, including all items added thereto, in whole 
 or in part unpaid, by supplementary proceedings, or by actions 
 against the persons or corporations personally liable therefor aj^ 
 herein provided for the collection of taxes upon account of personal 
 property. 
 
 § 430. Other remedies to collect taxes not affected. — The 
 actions to enforce personal liability, the supplementary proceed- 
 ings and the foreclosure actions herein provided for, are in addi- 
 tion to the other methods provided for the collection of taxes 
 in the city of Rochester and not dependent upon them or any 
 of them or any step thereof. 
 
 § 431. Collection of taxes heretofore levied. — AH annual
 
 152 
 
 taxes, local assessments and water rates heretofore taxed, as- 
 sessed or charged by the city of Rochester, or by its officers, may 
 be collected in the name of the city by the corporation counsel, 
 by action to enforce personal liability, supplementary pro- 
 ceedings or foreclosure of tax liens, as provided herein for the 
 collection of taxes, and such methods are in addition to other 
 methods provided for the collection of taxes, assessments and 
 water rates, and not dependent upon them or any of them ; an-l 
 in such actions, supplementary proceedings and foreclosures all 
 items inserted in the annual tax rolls must be collected as a part 
 of the annual taxes upon the same property against which such 
 items were inserted, w^ith interest, penalties and fees, the same 
 as upon the annual taxes. Xo action, supplementary proceeding 
 or foreclosure action may h? commenced to collect taxes hereto- 
 fore levied until after the expiration of nine months, in the case 
 of taxes upon account of personal property, and one year in the 
 case of taxes upon real estate, from the date of the delivery to the 
 city treasurer of the rolls containing the same. 
 
 § 433. Actions now pending for the foreclosure of tax liens. — 
 Actions now pending for the foreclosure of tax liens or equities 
 of redemption upon a mayor's certificate may be prosecuted to 
 final judgment and sale under the statutes and laws in force when 
 such actions were commenced; and the equities of redemption in 
 all cases where mayor's certificates have heretofore been filed 
 and actions to foreclose equities of redemption have not been com- 
 menced, m ay at the option of the corporation counsel be foreclosed 
 under the str.tutes and laws in force at the time of the filing of 
 the mayor's certificates. 
 
 § 433. Taxes to have preference in payment over all other 
 claims. — All annual taxes, local assessments and water rates, 
 which are now or which hereafter may become due and payable to 
 the city of Rochester, must be preferred to all other liens and 
 claims in the distribution of the proceeds of the sale of real or 
 personal property made pursuant to an order of any court or 
 judge, and in the distribution of assets, funds or other property,
 
 ]53 
 
 hy or pursuant to an order of any court or judge, or by an assignee, 
 receiver, executor, administrator, trustee or any officer appointed 
 by a court or judge. 'No decree of judicial settlement shall be 
 made by the surrogate's court of Monroe county, without an affi- 
 davit that no annual taxes, local assessments or water rates are 
 flue or owing the city of Rochester from the deceased person, his 
 representative or estate, unless the city of Rochester has appeared 
 by its corporation counsel in such proceeding for judicial settle- 
 ment ; and in proper cases it is the duty of said surrogate's court 
 to direct that the city of Rochester be made a party to any pro- 
 ceeding for judicial settlement; 
 
 § 434. Statute of limitations not a defense. — In any action 
 or proceeding to Vvhich the city of Rochester, or any of its officers, 
 is a party, and in which it is claimed that annual taxes, local 
 assessments or' water rates heretofore or hereafter taxed, assessed 
 or charged, are due or owing the city, or in which it is sought 
 to collect the same, the statute of limitations is not a bar or 
 defense to the right of the qity or its officers to recover or oifset 
 such taxes, assessments or water rates. 
 
 § 435. Limitation of right to attack sales under tax fore- 
 closure. — An action cannot be maintained to recover real estate 
 heretofore or hereafter sold under a judgment in an action brought 
 by the city of Rochester to foreclose the lien of a tax, or to fore- 
 close the equity of redemption remaining after the sale of a tax, 
 and the filing of a mayor's certificate thereon, or to recover any 
 right, title, interest or equity of redemption in or to real estate 
 so sold, unless the action therefor is commenced within one year 
 after the entry of judgment of foreclosure and sale in case of sales 
 hereafter had, and within one year from the time this act takes 
 effect in case of sales heretofore had. The limitations herein 
 provided apply to and bar non-resident persons, persons tem- 
 porarily absent from the state, minors, insane persons, persons 
 in prison, and all other persons and corporations whether under 
 disability or not. 
 
 § 436. Filing of map preliminary to condemnation proceed-
 
 154 
 
 ings. — \Mi('ii('\'('r tlic coinmoii council lias passed an ordinance 
 for the purchase of real estate, rights or easements, and the com- 
 missioner of public works reports that he is unable to acquire such 
 real estate, rights or easements at a price approved by the board 
 of estimate and apportionment, or when in the case of real estata, 
 rights, or easements for school purposes, the common council after 
 notification by the board of education of its inability to purchase 
 such real estate, rights or easements, has directed the corporation 
 counsel to institute condemnation proceedings for the acquire- 
 ment of the same, the corporation counsel must cause to be filed 
 in the ofiice of the city clerk and the county clerk of the county 
 in which the real estatr>, rights or easements are situate, a copy 
 of the ordinance and a map of the real estate, rights or casements 
 sought to be taken. 
 
 § 437. Application for appointment of commissioners. — The 
 corporation counsel must, after the filing of the map, cause to be 
 published for ten days in one of the official papers, a notice 
 specifying the real estate, or rights .or easements therein to be 
 acquired, and stating that an application will be made to the 
 county court of the county of Monroe, or to the supreme court, at 
 a special term thereof held in the judicial district in which the 
 real estate, rights or easements sought to be taken are situate, at 
 a time specified in the notice, for the appointment of commission- 
 ers to ascertain and determine the compensation which ought 
 justly to be made by the city to the owners of the real estat3, 
 rights or easements sought to be taken, and to persons having any 
 estate, interest or easement therein or any lien, charge or incum- 
 brance thereon. The corporation counsel must also, at least tea 
 days before the time named for such application, cause a notice 
 to be served on each of the owners of the real estate or rights oi 
 easements therein sought to be taken, and upon each person having 
 any estate, interest or easement therein or any lien, charge or 
 incimibrance thereon, either personally or by leaving the same 
 at their several places of residence, and in case no person can be 
 found at the time of making the service at such place of residence,
 
 155 
 
 then sucli notice may be served by posting the same in a con- 
 spicuous place at such place of residence ; if any person to be 
 served is a non-resident of the state, the notice may be served by 
 mailing it to him at his last kno^vn place of residence; and in 
 case the residence of any person to be served cannot be ascertained, 
 the notice may be served by leaving the same at the residence of 
 the occupant of the premises sought to be taken, and if there is no 
 occupant, by posting the same in a conspicuous place upon the 
 premises sought to be taken, 
 
 § 438. Appointment of commissioners. — At the time in such 
 notice specified, or the time to which the application may be ad- 
 journed, the court, upon filing proof by afiidavit of the publication 
 and service of such notice, and upon hearing the city and all per- 
 sons interested who appear, may appoint three commissioners of 
 appraisal who are residents and freeholders of the city if the real 
 estate, rights or easements sought to be taken are situate in the 
 city, and if situate without the city, who are freeholders of the 
 judicial district in which the real estate, rights or easements 
 sought to be taken are situate and at least one of whom is a resi- 
 dent and freeholder of the city, not interested in any of the real 
 estate, rights or easements sought to be taken nor of kin to any 
 owner thereof or to any person having any estate, right or interest 
 therein or lien, charge or incumbrance thereon. The court has 
 power at any time to amend any defect or informality in any of 
 the special proceedings authorized by this act, including the map 
 and notice aforesaid, as may be necessary or proper; or to cause 
 new parties to be served with notice, and to direct the manner of 
 service thereof as it deems proper, and also to appoint other com- 
 missioners in the place of any who die or refuse or neglect to serve 
 or who are incapable of serving ; and such amendment may be made 
 at any stage of the proceedings; and to appoint a guardian ad 
 litem for an infant who is a party to the proceeding, and if neces- 
 sary, for a lunatic or habitual drunkard who is a party to the 
 proceeding; and where the mode and manner of conducting all 
 or any of the proceedings to the appraisal are not expressly pro-
 
 156 
 
 vided for by this act, the court before whom such proceed- 
 ings are pending has the power to make all the necessary orders 
 and give the proper directions to carry into effect the object 
 and intent of this act ; and the practice in such cases shall conform, 
 as nearly as may be, to the ordinary practice in such court ; and 
 the power of amendment is to be exercised as liberally as directed 
 to be exercised by the code of civil procedure by such court in 
 actions. 
 
 § -1:'j9. Condemnation proceedings not affected by subsequent 
 transfers. — When condemnation proceedings herein authorised 
 have been commenced by the filing of the ordinance and map, no 
 change of ownership thereafter by conveyance or other transfer, of 
 the real estate, or right or easement, or of any interest therein, or 
 of the subject-matter of the appraisal, shall in any manner affect 
 such proceedings, but the same may be carried on and perfected 
 as if no such conveyance or transfer had been made. 
 
 § 440. Oath of commissioners. — The commissioners appointed 
 must take and subscribe the constitutional oath of office. 
 
 § 441. Hearings before commission. — Any of the commissionei*3 
 may issue subpoenas and administer oaths to witnesses. One of 
 them may adjourn the proceedings from time to time. They must 
 give notice by publication in one of the official papers for at least 
 ten days of the time and place where their first meeting is to be 
 held. At the time appointed, or at any other time or times to which 
 they may adjourn, they must proceed to view the real estate, 
 rights or easements sought to be taken and hear the proofs and 
 allegations of the parties. After the testimony is closed they must 
 determine the compensation which ought justly to be made by the 
 city to the respective owners of the real estate, rights or easements 
 sought to be taken, and of the respective persons having any estate, 
 interest or easement therein or any lien, charge or incumbrance 
 thereon. The compensation awarded to any occupant or tenant 
 having a leasehold interest in the real estate, rights or easements 
 sought to be taken, must be deducted from the damages awarded to
 
 157 
 
 the owner or person interested in the real estate, rights or ease- 
 ments to which the right of such occupant or tenant is subservient. 
 
 § 442. Report of commissioners.— The commissioners must, as 
 soon as convenient, make their report to the common council, signed 
 by a majority of them, in which they must describe with all prac- 
 tical certainty the several parcels of real estate or rights or ease- 
 ments sought to be taken, and the names, residences and title or 
 rights, as far as can be ascertained, of the respective owners thereof, 
 and of the respective persons having any estate, interest or ease- 
 ment therein, or any lien, charge or incumbrance thereon, and the 
 amount of compensation which ought justly to be made by the city 
 to the respective owners of the real estate, rights or easements 
 sought to be taken and to the respective persons having any estate, 
 interest or easement therein or any lien, charge or incumbrance 
 thereon; which report must be filed by the city clerk in his office, 
 and a duplicate of such report must be recorded by the commis- 
 sioners in the office of the clerk of the county in which the real 
 estate, rights or easements sought to ^be taken are situate. 
 
 § 443. Compensation of commissioners. — The commissioners 
 are each entitled to the sum of three dollars for each day they are 
 actually and necessarily engaged in the performance of their 
 duties ; but in any proceeding a larger per diem compensation may 
 be fixed by the board of estimate and apportionment before the 
 first meeting of the commissioners. They may also employ a clerk 
 to take the minutes of the* testimony and to keep the minutes of 
 their proceedings, who is entitled to three dollars for each day 
 spent by him in the performance of such duties. Any of the com- 
 missioners may act as clerk, and in that event is entitled to receive 
 the additional compensation of clerk. 
 
 § 444. Confirmation of report — Upon receiving the report, 
 the common council must assign a time for hearing objections to 
 the confirmation thereof, and at the time assigned must hear the 
 allegations of all persons interested who appear, and may take 
 proof in relation thereto from time to time, and may confirm the
 
 , 158 
 
 report or set it aside and refer tlie matter to new commissioners to 
 be appointed as herein provided. The common council may ?ei 
 aside said report and abandon the condemnation proceedings at 
 any time before confirmation thereof. 
 
 I 445^ Possession of property and giving security. — At any 
 stage of the proceeding the court may authorize the city, if in pos- 
 session of the real estate, rights or easements sought to be taken, to 
 continue in possession thereof, and may stay all actions or pro- 
 ceedings against it on account thereof, or, if the city is not in pos- 
 session, may authorize the city to take immediate possession of the 
 real estate, rights or easements sought to be taken; upon giving 
 such security or depositing such sum of money as the court may 
 direct, to be held as security for the payment of the compensation 
 which may be finally aw^arded. In case possession is retained or 
 taken under this section, the condemnation proceeding cannot 
 thereafter be abandoned. 
 
 § 446. Appeal from award. — Any person aggrieved by the re- 
 port or award of the commissioners may within thirty days after 
 the confirmation by the common council, appeal therefrom to the 
 appellate division of the supreme court, and must file in the 
 county clerk's office, with the notice of appeal, a bond executed 
 by two or more sureties, approved by a judge of the supreme 
 court or the county judge of Monroe county, in the penal 
 sum of one thousand dollars, conditioned for the diligent prosecu- 
 tion of the appeal and for the payment of all costs and charges 
 which may be awarded against the ai^pellant. All the pertineut 
 provisions of the code of civil procedure relating to an appeal from 
 an order, ajDply to an appeal taken as herein provided. 
 
 § 447. Power of court on appeal. — On the hearing of an ap- 
 peal the court may confirm or annul the award to any party or 
 parties or to all of them, and may direct a re-hearing before the 
 same or new commissioners. 
 
 § 448. Conflicting claims. — If there are adverse and conflicting 
 claimants to the money or any part of it to be paid as compensa- 
 tion for the real estate, rights or easements sought to be taken,
 
 159 
 
 the court may direct the money to be paid into court by the city, 
 and may determine who is entitled to the same and direct to whom 
 the same shall be paid, and may in its discretion order a reference 
 to ascertain the facts on which such determination and direction 
 are to be made. 
 
 § 449. Award to unknown owners. — If an award is made to 
 any unknown person, the court may direct that the sum so awarded 
 be paid into court to await its disposition. 
 
 § 450. Award to non-resident owners. — If an award is made to 
 any non-resident or any person whose residence or place of domi- 
 cile cannot be located, or if for any reason the city is unable to 
 pay to any person the moneys aAvarded to him, the court may direct 
 that such moneys be paid into court to await its disposition. 
 
 § 451. Taxes to be deducted from award. — The city, before 
 paying any amounts awarded in condenmation proceedings, must 
 deduct therefrom all sums due the city for annual taxes, local 
 assessments and water rates which are liens upon the real estate, 
 rights or easements taken ; and if there is a conflict as to the 
 specific awards from which such taxes, assessments or water rates 
 shall be deducted, the whole amount of the awards, less the taxes, 
 assessments and water rates, may be paid into court and the claims 
 of the parties settled as herein provided in case of conflicting 
 claimants. 
 
 § 452. When title vests in city. — -Upon the payment of the 
 sums awarded the city becomes vested Avith the title to the real 
 estate, rights or easements taken, free from any and all liens, 
 charges and incumbrances of every kind and nature. 
 
 § 453. Procedure to assess damages for discontinuance or 
 change of grade of street. — -In case of the discontinuance of a 
 street or of the change of grade thereof, when a claim for damages 
 has been duly filed with the commissioner of public w^orks and the 
 amount of damages has not been agreed upon by the commissioner 
 of public works and approved by the board of estimate and ap- 
 portionment, the corporation counsel must, within three months 
 Chap. 755 11
 
 IGO 
 
 from the filing of the chaiiii, apply for the appointment of com- 
 missioners to assess the daniages as })rovidc(l herein in relation to 
 the condemnation of lands; and in case he fail to do so, any per- 
 son who has duly filed a claim for damages which has not been 
 adjusted, may after the expiration of three months from the filing 
 of the claim, make such application, upon notice to the corpora- 
 tion counsel, and thereupon all the pertinent provisions of this act 
 relating to condemnation proceedings apply to such proceeding. 
 All claims arising from the closing of one street or the change of 
 grade of one street may be joined in one proceeding, and if sepa- 
 rate proceedings in such cases are commenced the court may con- 
 solidate them. 
 
 § 454. Costs. — Costs may be awarded to or against the city 
 
 in a condemnation proceeding or proceeding to assess damages in- 
 stituted under this act. 
 
 § 455. Application. — • The city may acquire under the con- 
 demnation proceedings herein provided, any real estate, or rights 
 or easements therein, or any property rights in real estate, within 
 or without the limits of the city, which it is authorized by thia 
 act to acquire. 
 
 ARTICLE XVI. 
 Police Court. 
 
 Section 466. Police court. 
 
 467. Judges of the municipal court to act as police justice. 
 
 468. Jurisdiction of police court. 
 
 469. Powers and jurisdiction of police justice. 
 4Y0. Children's court. 
 
 471. Judicial notice of ordinances. 
 
 472. Prosecutions for violation of ordinances. 
 
 473. Removal of cases to grand jury. 
 
 474. Demand for jury trial. 
 
 475. Jury trial. 
 
 476. Power to sentence. 
 
 477. Confinement in Monroe county penitentiary.
 
 IGl 
 
 Section 478. Police court clerk and assistants. 
 
 479. Police court attendant. 
 
 480. Probation officers. 
 
 481. Sale of unclaimed articles. 
 
 482. Stolen property. 
 
 483. Property to be held as evidence. 
 
 484. Expense of punishing offenders against the state law. 
 
 Section 40 G. Police court. — The court of criminal jurisdic- 
 tion known as the police court, held by the police justice, is con- 
 tinued, with the jurisdiction and powers hereinafter conferred. 
 
 § 4G7. Judg-es of the municipal court to act as police justice. — ■ 
 In the absence or inability of the police justice, or in case of a 
 vacancy in the office thereof, either of the judges of the municipal 
 court must perform the duties of the police justice. Either of the 
 judges of the municipal court may issue a criminal warrant on 
 due complaint for the arrest of any person charged with crime 
 committed within the city. Such warrant must be s'giied by the 
 judge hearing the complaint and made returnable before the police 
 justice, or police court. 
 
 § 468. Jurisdiction of police court. — The police court has in 
 the first instance exclusive jurisdiction to try and determine all. 
 offenses of which courts of special sessions have or shall have 
 exclusive jurisdiction, when such offenses are committed within 
 the city, and exclusive jurisdiction to try and determine all com- 
 plaints and charges for violations of city ordinances, and has the 
 power and jurisdiction now or hereafter conferred upon courts 
 of special sessions by section fifty-six of the code of criminal pro- 
 cedure; and also has exclusive jurisdiction in the first instance to 
 try for any other misdemeanor committed in the city any person 
 who is brought before said court charged with such offense. 
 
 § 4G9. Powers and jurisdiction of police justice. — The police 
 justice possesses all the powers and jurisdiction as a magistrate, 
 which are or may be conferred by law upon justices of the peace 
 concerning offenses committed within the city, and possesses such
 
 162 
 
 other powers and must perform sucli other duties as are now or 
 may be conferred or imposed upon him bj law. 
 
 § 470. Children's court. — All cases involving the commitment 
 or trial of children actually or apparently under the age of six- 
 teen years for any violation of law or ordinance, before the police 
 justice or police court, must be heard and determined in a separate 
 court room to be known as the children's court room, and separate 
 and apart from the trial of other criminal cases, of which session 
 a separate docket and record must be kept. Whenever a chiW actu- 
 ally or apparently under the age of sixteen years is taken into 
 custody in the city of Rochester,, such child must be arraigned in 
 the children's court room and must not knowingly be taken to 
 that part of the police court where other criminal trials are had; 
 and if through inadvertence any child is brought before that part 
 of the police court, as soon as the age of such child is discovered, 
 the hearing of the case must be transferred to, and the case be 
 heard and determined in the children's court room. 
 
 § 471. Judicial notice of ordinances — The police court and 
 the police justice must take judicial notice of all ordinances 
 adopted by the common council so long as the same remain in 
 force and effect, and the necessary and proper ordinances and 
 amendments must be made a part of any return or record to be 
 used on appeal. 
 
 § 472. Prosecutions for violation of ordinances. — A violation 
 of an ordinance of the common council is not a crime, but the 
 prosecution therefor is a criminal proceeding instituted in the 
 name of the city of Rochester. Arrests for violations of ordi- 
 nances may be made as is now or may hereafter be provided by 
 law for arrests for misdemeanor, and all proceedings shall be there- 
 after had as is now or may hereafter be provided by law for prose- 
 cutions for misdemeanor, and upon conviction the same process 
 must be issued and executed as upon convictions for misdemeanor, 
 and appeals therefrom may be taken in the same manner and with 
 the same effect as appeals from conviction for misdemeanor. Xo 
 costs may be allowed to or against the city in any such proceeding
 
 163 
 
 or appeal therefrom. The provisions of the code of criminal pro- 
 cedure relating to arrests, bail, confinement, trial, conviction and 
 commitments for misdemeanor, and appeals from convictions 
 therefor, and all other provisions thereof relating to misdemeanors 
 so far as not in conflict with the provisions of this act, apply to 
 arrests for violations of ordinances of the common council and to 
 subsequent proceedings thereon. 
 
 § 473. Eemoval of cases to grand jury. — Any charge of mis- 
 demeanor pending before the police court or police justice may 
 be removed to a court sitting vrith the grand jury by the same 
 method now or hereafter provided in sections fifty-seven and 
 fifty-eight of the code of criminal procedure, but a complaint or 
 charge for a violation of a city ordinance must not be removed. 
 
 § 474. Demand for jury trial. — A defendant upon being 
 arraigned befcre the police court or the police justice, and at or 
 before the time for interposing a plea, may demand a trial by 
 jury, and unless so demanded a trial by jury is waived. 
 
 § 475. Jury trial.— AVheuever a trial 1)y jury is duly de- 
 manded, the police justice must forthwith draw in the manner 
 prescribed by law such number of names as he deems necessary 
 to attend as jurors for the purpose of trying the issues in such 
 case at a time to which the case has been adjourned by him, nox 
 more than eight days from the entering of the plea therein, 
 unless the parties consent to a longer adjournment, which con- 
 sent must \m entered in the minutes of the court. Thereafter, 
 except as herein otherwise provided, and so far as consistent with 
 this act, the provisions of sections twenty-nine hundred and 
 ninety-three, twenty-nine hundred and ninety-four, twenty-nine 
 hundred and ninety-five, twenty-nine hundred and ninety-six, 
 tAventy-nine hundred and ninety-seven, twenty-nine hundred and 
 ninety-eight, twenty-nine hundred and ninety-nine, three thousand 
 and six, three thousand and seven, three thousand and eight, and 
 three thousand and nine of the code of civil procedure as now in 
 fcrce or hereafter amended, govern the further proceedings in 
 such case. The police justice has the powers and duties con-
 
 1G4 
 
 ferred and imposed upon justices of the peace under those section3. 
 The venire must be issued to a police officer, who thereupon has 
 all the powers and duties of constables under those sections of 
 the code of civil procedure. 
 
 ^ 470. Power to sentence. — The ])oli('e cfjurt has power upon 
 couvic'tion for misdemeanor to impose a sentence of imprisonment 
 not exceeding one year, or a fine not exceeding five hundred 
 dollars, or both such fine and imprisonment, with further im- 
 prisonment if such fine is not paid not exceeding one day for 
 each dollar thereof unpaid, except where a different punishment 
 is by law prescribed for such offense. The police justice and 
 the police court have power to impose or suspend sentence or to 
 remijt to probation pursuant to law, 
 
 § 4^7. Conimement in Monroe county penitentiary. — ^ Persons 
 convif;ted by or before the police court or police justice of any 
 C':iir.e or upon any criminal charge or in any criminal proceeding 
 and sentenced to imprisonment or committed for failing to give 
 Cae required security to keep the peace or for good behavior, or 
 for any other purpose, must be sentenced to imprisonment in o-- 
 committed to the Monroe county penitentiary, in all cases where 
 i< is provided by law that the sentence of imprisonment or thi; 
 commitment shall be to a county jail, and in all cases where the 
 place of confinement is not specified. 
 
 § 478. Police court clerk and assistants. — There is a clerk 
 3f the police court, who is a confidential appointee of the police 
 justice and who holds office during his pleasure. The clerk has 
 power to take informations upon which warrants for the arrest 
 cf persons charged with the commission of a crime, or a violation 
 of an ordinance, may be issued by the police justice; to issue and 
 sign subpoenas; to administer oaths to witnessf-s; to make and sign 
 executions, commitments and certificates of conviction, and to 
 certify to and sign copies thereof for the execution of any judg- 
 ments rendered by the police court or police justice; and he hai 
 power to receive deposits of money when such deposits are per- 
 mitted bv law to be made instead of bail or undertaking for ap-
 
 165 
 
 pearance. The clerk must receive all penalties and other moneys 
 or fees and pay the same into the city treasury once in each week, 
 and cause monthly an itemized account of the same to be published 
 irw the official papers. The police justice may appoint to hold 
 office during his pleasure, a deputy clerk, who has the same powers 
 as the clerk, and such other subordinates as the board of estimate 
 and apportionment may prescribe. 
 
 § 470. Police court attendant. — The police justice may ap- 
 point to hold office during his pleasure, a court attendant, who is 
 a confidential appointee of the police justice, and who is subject 
 to the order and control of the police justice, and who must 
 perform such services as he may require. 
 
 § 480. Probation oiRcers. — The police justice may appoint 
 from time to time to serve during his pleasure and without compen- 
 sation, such number of probation officers as he may deem desirable. 
 
 § 481. Sale of unclaimed articles — Upon the order of the 
 police justice, it is the duty of the police clerk on the first Mon- 
 day of i^ovember in each year to deliver to the commissioner of 
 public safety an account verified by his oath of all moneys, goods, 
 wares and merchandise then remaining unclaimed in police court 
 in the possession of the police justice or the clerk of the court, 
 and to immediately thereafter give notice by publication once a 
 week for three successive weeks in one of the official papers, to all 
 persons interested in or claiming such property, that unless 
 claimed by the owner with satisfactory proof of ownership, befors 
 a specified day, the same will be sold at auction to the highest 
 bidder. On the day and at the place specified in such notice, all 
 property unclaimed, except money, must be sold at auction by the 
 clerk or under his direction. If any goods, wares, merchandise 
 or chattels of a perishable nature, or which are expensive to keep, 
 at any time remain unclaimed in police court, or in the possession 
 of the police justice or the clerk of the court, the police justice 
 has the power to order the clerk to sell the same at public auction 
 at such time and after such notice as he deems proper. The clerk 
 immediately after the sale of any property in accordance here-
 
 lOG 
 
 with, must pay to the city treasurer all unclaimed moneys re- 
 maining in his hands as police clerk, and all moneys received by 
 him upon sndi sale after deducting the expenses thereof. 
 
 § 482. Stolen property. — Wliciicvcr iho clerk of the police 
 court obtains possession of stolen property, it is his duty upon 
 order of the police justice and upon receipt of satisfactory proof 
 of ownership, to deliver such property to the owner thereof upon 
 payment of all necessary and reasonable expenses which have been 
 incurred for the preservation and sustenance of such property. 
 
 § 483. Property to be held as evidence. — No property must 
 be sold or delivered to the owner if the district attorney of jMon- 
 roe county direct that it remain unsold or undelivered for the 
 purpose of being used as evidence in the administration of justice. 
 
 § 484. Expense of punisliing offenders against the state law. — 
 The expenses of apprehending, examining and committing per- 
 sons violating any of the laws of the state, and of their confine- 
 ment, must be audited, allowed and paid by the supervisors of 
 the county of Monroe in the same manner as if such expenses 
 had been incurred in any town of the county, to be assessed on 
 the city. 
 
 ARTICLE XVII. 
 
 Municipal Couet. 
 
 Section 495. Municipal court. 
 
 496. Judges to hold court. 
 
 497. Jurisdiction. 
 
 498. Summary proceedings. 
 
 499. Process. 
 
 500. Arrest, attachment and replevin. 
 
 501. Pleadings. 
 
 502. Complaint. 
 
 503. Answer. 
 
 504. Question of title to real property. 
 
 505. Demurrer. 
 
 506. Account or instrument for payment of money.
 
 167 
 
 Section 507. Bill of particulars. 
 
 508. Amendment to pleadings. 
 
 509. immaterial variance to be disregarded. 
 
 510. Joinder of issue. 
 
 511. Adjournment. 
 
 512. Commission. 
 
 513. Judicial notice of ordinances. 
 
 514. Bastardy proceedings. * 
 
 515. Demand for jury trial. 
 510. Drawing jury. 
 
 517. Trial by jury. 
 
 518. Costs and fees. 
 
 519. Offer of judgment. 
 
 520. Confession of judgment. 
 
 521. Proceedings on default. 
 
 522. Opening defaults. 
 
 523. Judgment within ten days. 
 521. Transcript of judgment. 
 
 525. Power to punish for contempt. 
 
 52G. Clerks and stenographers. 
 
 527. Payment and account of fees. 
 
 528. Constables. 
 
 529. Provisions of code generally applicable. 
 
 Section 195, Municipal court. — The court of civil jurisdiction 
 known as the municipal court of the city of Rochester, is con- 
 tinned. 
 
 § 19G. Judg-es to hold court. — The municipal court is held by 
 one of the judges thereof, and each judge may hold a separate 
 session of the court at the same time. The court must hear, try 
 and determine all causes according to law and justice, and where 
 an issue of fact has been joined, if a jury trial is not had ths 
 judge must try the issue, hear the proofs and allegations of the. 
 ])arlio!=, and render judgment according to law and justice. 
 
 § 497. Jurisdiction. — • The muuieiinil court has jurisdiction
 
 108 
 
 of the followiiiij^ civil iiftioiis and ))roc'oo(liiigs and criminal pro- 
 ceedings : 
 
 1. All civil actions and proceedings cognizable 1)\' law by jns- 
 tices of the peace or jnstices' conrts as set forth in and prescribed 
 by the code of civil procedure. 
 
 2. An action on contract express or implied, including an action 
 to recover damages upon or for breach of a contract, express or 
 implied, other than a promise to marry, where the sum claimed 
 does not exceed two thousand dollars, exclusive of costs. 
 
 3. An action to recover the balance due upon an account where 
 the. sum total of the accounts of both parties to the action proved 
 to the satisfaction of the court does not exceed two thousand dollars. 
 
 4. An action upon a judgment for a sum of money rendered 
 in a court of record or not of record of the state of New York, 
 including an order of a court or judge directing the payment of 
 a sum of money, where the sum claimed does not exceed two 
 thousand dollars, exclusive of costs. The right to bring an action 
 upon a judgment for a sum of money rendered in a court of record 
 is regulated by the provisions of section nineteen hundred and 
 thirteen of the code of civil procedure. An action cannot be 
 brought in the municipal court upon a judgment rendered by the 
 municipal court for a sum* less than twenty-five dollars, exclusive 
 of costs, until three years have elapsed since the rendition and 
 docketing of the judgment. 
 
 5. An action to recover damages for a personal injury or an 
 injury to real property or for the conversion of personal property, 
 where the sum claimed does not exceed two thousand dollars, ex- 
 clusive of costs. 
 
 6. An action for a penalty, including a civil action for a pen- 
 alty for violation of an ordinance of the common council of the 
 city of Rochester, where the sum claimed does not exceed two 
 thousand dollars, exclusive of costs. 
 
 • 7. An action upon a bond conditioned for the payment of money, 
 where the sum claimed to be due does not exceed two thousand 
 dollars, exclusive of costs, though the penalty exceed that sum;
 
 100 
 
 llio jii(la,iiicnt to be given fur the sum actually due. VVberc the 
 sum secured to be paid by the bond is to be paid in installments 
 an action may be brought for each installment as it becomes due. 
 
 8. An action on a surety bond or undertaking taken by any 
 court of record or not of record of the state of Kew York, or 
 judge or justice thereof, where the sum claimed does not exceed 
 two thousand dollars, exclusive of costs. The right to bring an 
 action upon such surety bond or undertaking is subject to the 
 regulations and conditions prescribed by the code of civil proced- 
 ure or otherwise by law. 
 
 9. An action to recover damages for fraud in the sale, purchase 
 or exchange of real or personal property, where the sum claimed 
 does not exceed two thousand dollars, exclusive of costs. 
 
 10. An action to recover one or more chattels, with or without 
 damages for the taking, withholding or detention thereof, where 
 the value of the chattel or of all the chattels as stated in the affi- 
 davit made on the part of the plaintiff, or in the complaint, does 
 not exceed two thousand dollars. 
 
 11. Proceedings respecting bastards brought by or instituted 
 upon the application of the overseer of the poor of the city. 
 
 § 498. Summary proceedings. — The judges of the municipal 
 court have, and each of them has, jurisdiction in summary pro- 
 ceedings to recover the possession of real property under title tAvo 
 of chapter seventeen of the code of civil procedure, and power to 
 issue process and perform all other necessary functions and duties 
 to exercise and make effective such jurisdiction; and the provisions 
 of said title apply to a summary proceeding commenced before a 
 judge of the municipal court. 
 
 § 499. Process. — All process issued, by the court or a judge 
 thereof must be made returnable before the court, unless otherwise 
 provided herein, and may be signed by a judge, clerk or deputy 
 clerk of the court, and may be executed and served within the city 
 of Rochester by any constable of the city or by the sheriff of !Mon- 
 roe county or his deputies; except that a subpoena and process to 
 enforce obedience thereto may be served within the county of
 
 lYO 
 
 Monroe. A suininons issued upon a verified complaint and the 
 verified coin})laint must be served at the same time by delivering 
 to and leaving with the defendant personally copies thereof, and 
 may be served by any person of full age not a party to the action. 
 The proof of service thereof, if served by a constable may be made 
 by his certificate, and must be made by aifidavit if served by any 
 other person. Affidavits and certificates of service must state the 
 time and place of service. 
 
 g 500. Arrest, attachment and replevin The Qourt has power 
 
 to grant and issue orders of arrest, warrants of attachment and 
 requisitions in replevin, in the same cases and in the same man- 
 ner as specified in chapter nineteen of the code of civil procedure, 
 except that the sum claimed may be two thousand dollars or under, 
 exclusive of costs ; and the provisions of that chapter apply to all 
 proceedings thereon so far as the same are consistent herewith. 
 
 §501. Pleadings — The pleadings are : 
 
 1. Plaintiff's complaint. 
 
 2. Defendant's answer. 
 
 3. The defendant's demurrer to the complaint or to one or more 
 distinct causes of action separately stated therein. 
 
 4. Plaintiff's demurrer to one or more counter-claims stated in 
 the answer. 
 
 Pleadings must be written, unless the court pennit them to be 
 oral ; if oral, the substance thereof must be entered in the docket 
 of the court; if in writing, they must be filed and a reference to 
 them made in the docket. 
 
 § 502. Complaint. — The complaint must contain: 
 
 1. The names of all the parties to the action, plaintiff and 
 defendant. 
 
 2. A clear, precise and unequivocal statement of the facts con- 
 stituting each cause of action. 
 
 3. A demand of the judgment to which the plaintiff supposes 
 himself entitled. 
 
 In an action arising on contract for the recovery of money only, 
 or upon account, plaintiff at the time of the issuing of the sum-
 
 171 
 
 inoiis may file with the clerk of the court a written complaint sub- 
 scribed, by the plaintiff or an attorney admitted to practice as 
 such in the courts of the state of iSTew York, and verified in the 
 manner prescribed by the code of civil procedure in respect to 
 [)loadings in courts of record. 
 
 ^ 50o. Answer. — The answer of the defendant must contain: 
 
 1. A general or specific denial of each material allegation of 
 the complaint controverted by the defendant, or of any knowledge 
 or information thereof sufficient to forin a belief. 
 
 2. A clear, precise and unequivocal statement of any new matter 
 constituting a defense or counterclaim. 
 
 An answer to a verified complaint must be in writing and sub- 
 scribed by the defendant or an attorney admitted to practice a3 
 such in the courts of the state of jSTew York, and verified in the 
 manner prescribed by the code of civil procedure in respect to 
 pleadings in courts of record. 
 
 § 504. Question of title to real property. — The court has not 
 jurisdiction in an action in which the title to real property come.s 
 in question; and the provisions of chapter nineteen of the code of 
 civil procedure apply to actions in which it is claimed or appears 
 that the title to real property comes in question. 
 
 § 505. Demurrer. — The demurrer to the complaint or to one 
 or more distinct and separate causes of action therein may be 
 because the complaint or such cause of action is not sufficiently 
 explicit to be understood or where the facts stated therein are 
 not sufficient to constitute a cause of action. If the demurrer is 
 to a counterclaim, it may be because the counterclaim is not 
 sufficiently explicit to be understood, or does not state facts suffi- 
 cient to constitute a counterclaim. If the court deems the de- 
 murrer w^ell founded, it must permit the pleading to be amended, 
 and if the party fails to amend, the defective pleading or part 
 of the pleading demurred to must be disregarded.. If the court 
 deems the demurrer not well founded, it must permit the party 
 making it to plead over at his election. 
 
 § 50(). Account or instrument for payment of money. — For
 
 tlie purpose of setting forth a cause of action, defense or counter- 
 claim, founded upon an account or upon an instrument for tlie 
 payment of money only, it is sufficient for the party to set forth 
 a copy of the account or instrument, and to state that there is 
 due to him thereon from the adverse party, a specified sum. which 
 he claims. 
 
 § 507. Bill of particulars. — The court may upon the request 
 of either party, made when issue is joined, require the adverse 
 party to file, at a time specified by the court, a copy of his ac- 
 count or a bill of particulars of his claim. Upon failure to do so, 
 the court may preclude him from giving evidence of his account 
 or of the part or parts of his claim of which particulars have not 
 been filed. 
 
 § 508. Amendment to pleadings. — The court must upon appli- 
 cation allow a pleading to be amended at any tijne before the trial, 
 or during the trial, if substantial justice will be promoted 
 thereby. Where a party amends his pleading after joinder of 
 issue or pleads over upon the decision of a demurrer, and it 
 is made to appear to the satisfaction of the court, by oath, 
 that an adjournment is necessary to the adverse party in conse- 
 quence of the amendment or pleading over, an adjournment must 
 be granted. The court may also in its discretion require, as a 
 condition of allowing an amendment, the payment of costs to 
 the adverse party. 
 
 § 509. Immaterial variance to be disregarded — A variance 
 between an allegation in a pleading and the proof, may be disre- 
 garded as immaterial, unless the court is satisfied tb.at the adverse 
 party has been misled thereby to his prejudice. 
 
 § 510. Joinder of issue. — At the place and within one hour 
 after the time specified in the summons for the return thereof, 
 or where an order of arrest is granted and executed, within twelve 
 hours after the defendant is brought before the couit, or where no 
 summons is issued, at the time when the parties voluntarily appear 
 to join issue, the pleadings of the parties must be made and issue 
 must be joined, unless the parties other\vise stipulate.
 
 173 
 
 § 511. Adjournment. — At tlie time of the ivtiini of the snin- 
 mons, or of the joinder of issue without process, the court must 
 upon application of the plaintiif adjourn the trial of the action 
 not more than eight days ; but the court may refuse to grant such 
 adjournment unless plaintiff or his attorney, if requested by de- 
 fendant, makes oath that the plaintiff cannot, for want of some 
 material testimony or witness specified by him, safely proceed to 
 trial. At the time of the joinder of issue the court must upon the 
 application of the defendant adjourn the trial of the action not 
 more than eight days, upon the defendant or his attorney making 
 oath that he verily believes that the defendant has a good defense 
 to the action and that he cannot safely proceed to trial for want of 
 some material testimony or witness specified by him, and unless 
 the defendant has been arrested in the action, or the action is to 
 recover a chattel, upon the defendant giving the plaintiff an under- 
 taking in an amount fixed by the court not exceeding five hundred 
 dollars, and in the form and to the effect prescribed in section two 
 thousand nine hundred and sixty-two of the code of civil procedure. 
 The court may in its discretion from time to time, upon its own 
 motion or that of either of the parties, adjourn the trial of the 
 cause, and may, as a condition to adjournment, require either 
 party to give such security as it deems desirable, or may impose 
 costs or other conditions. The power to gTant adjournments in 
 summary proceedings to recover the possession of real property 
 is governed by the provisions of the code of civil procedure relat- 
 ing to such proceedings. 
 
 § 512. Commission. — The Cdiirt may award and issue a com- 
 mission to take the testimony of a material witness not within 
 the county of Monroe, as and in the manner provided in article 
 three of chapter nineteen of the code of civil procedure ; and the 
 provisions thereof, except as modified by this act, apply to the 
 issuance, execution, return and effect thereof. 
 
 § 513. Judicial notice of ordinances. — Tlie municipal court 
 and the judges thci-ecif must take judicial notice of all ordinances 
 adopted by the conunon council, so long as the same remain in
 
 force and cffoet ; and tlie necessary and proper ordinances and 
 amoiidiiieiits iimst !)(' made a })art of any return or record to be 
 used on appeal. 
 
 § 514. Bastardy proceedings. — The court in bastardy proce(d- 
 ings and at any stage thereof, except during the final examination 
 and determination, may be held by one of the judges, and the 
 judges may alternate in such prycefdintis excrj)! dui-inii- the final 
 examination and determination, when court must be held by both 
 judges, or in case of the absence or inability to act, by reason 
 of being occupied with other official duties, or other cause, of 
 either of said judges, by the other judge and the police justice 
 of said city, or one of the justices of the peace of a town within 
 the county of Monroe. In case of any adjournment being had in 
 said proceedings, and the defendant failing to give an undertak- 
 ing or security for such adjournment, as provided by section eighr 
 hundred and forty-nine of the code of criminal procedure, he must 
 be committed to the county jail of Monroe county during sucli 
 adjournment, by a commitment signed by the judge or judges 
 then holding court, and he may be taken therefrom at or before 
 said adjourned time by any j^eace officer by an order issued by 
 one of the judges directed to the keeper of the said jail, and pro- 
 duced before the court, for the purposes of examination or fur- 
 ther adjournment, as may then be had. Any number of adjourn- 
 ments may be had in said proceedings, and the same may be had 
 for any length of time. The undertaking or security to be given 
 upon an adjournment must be signed by two sufficient sureties and 
 be to the effect that the defendant will appear before the court 
 at the adjourned time and such other time or times to which 
 adjournments may be had for the purposes of the examination and 
 determination .and will render himself amenable to any process, 
 order or commitment that may be issued or made in such proceed- 
 ings. In case the defendant be adjudged to be the father of any 
 bastard child or children, in any such bastardy proceedings, and 
 he fail to pay the costs and give an undertaking for the support 
 of such child or children, and its or their mother, or- said dcfend- 
 
 * So in original.
 
 175 
 
 ant's appearance at the next term of county court of ]\ronroe 
 county, as provided by section eight hundred and fifty-one of the 
 code oi criminal procedure, the magistrates composing the court, 
 or either of them, must, by warrant, commit such defendant to 
 the Monroe county penitentiary, there to remain until he be dis- 
 charged by the said county court, or deliver an undertaking for 
 the support of said child or mother as aforesaid. In all other 
 i'espects the proceedings to be had or taken in any such bastardy 
 proceedings instituted in said court, shall couform to the pro- 
 visions of the code of criminal procedure relating to proceedings, 
 respecting bastards. Every warrant or commitment must com- 
 mit the defendant to the Monroe county penitentiary, where it is 
 issued by any judge or justice aforesaid, or out of or by virtue of 
 the order or judgment of the county court of Monroe county, upon 
 any appeal taken thereto in any proceedings respecting bastards 
 instituted by the overseer of the poor of the city. 
 
 § 515. Demand for a jury trial. — At the time when an issue 
 of fact is joined either party may demand a trial by jury, an:l 
 unless so demanded at the joining of issue a jury trial is waived. 
 At the same time either party may demand that the jury be com- 
 posed of twelve members, and unless so demanded it must consist 
 of six members unless otherwise stipulated by the parties. The 
 party demanding a trial by jury must thereupon pay to the clerk 
 of the court the statutory fees for the attendance of each person 
 to be summoned and for jurors to serve upon the trial, and also 
 the fees to which the constable is entitled for notifying the per- 
 sons to be drawn as jurors. In default of the pajTnent of such 
 fees the court must proceed as if no demand for a trial by jury 
 had been made. But if the party demanding the jury trial de- 
 mand a jury of six and the opposite party demand a jury of 
 twelve, the party demanding the jury of twelve must pay the fee:) 
 for the extra persons summoned and for the extra jurors and tho 
 constable's fees for notifying the extra persons. In default of 
 the payment of such fees the court must proceed as if no demand 
 for a jury of twelve had been made. In case a court attendant 
 Chap. 755 12
 
 170 
 
 or other official is appointed upon whom is placed the duty of 
 notifying persons to be drawn as jurors, the common council may> 
 by ordinance, determine that the parties to an action or proceed- 
 ing shall not be required to pay the fees for such notifications. 
 
 § nin. Drawing jury. — Wlioncvor a trial by jury is duly 
 demanded, the judge presiding must forthwith draw in the man- 
 ner prescribed by law such number of names as he deems neces- 
 sary to attend as jurors for the purpose of trying the issues in 
 such case, at the time to which the same has been adjourned. 
 The number so drawn must not exceed fifteen in case a jury trial 
 of six is demanded, and must not exceed thirty in case a jury of 
 twelve is demanded, unless the parties otherwise stipulate. There- 
 after, except as herein otherwise provided and so far as consistent 
 with this act, the provisions of title five of chapter nineteen of 
 the code of civil procedure govern the further proceedings in such 
 ease. 
 
 § 517. Trial by jury. — It is the duty of the court in a trial 
 by jury to grant a non-suit, to charge the jury as to the law, or to 
 direct a verdict, and its powder to do so is the same and must be 
 exercised in the same manner as that of a court of record in civil 
 cases. 
 
 § 518. Costs and fees. — 
 
 1. The prevailing party in an action in the municipal court is 
 entitled to the following sums as costs, which must be included in 
 the judgment: 
 
 To the plaintiff: 
 
 The amount of fees and disbursements allowed by law, and also 
 the following additional sums: 
 
 (a) When the damages recovered do not amount to twenty-five 
 dollars, the sum of two dollars. 
 
 (b) When the damages recovered amount to twenty-five dol- 
 lars, and do not amount to fifty dollars, the sum of three dollars. 
 
 (c) When the damages recovered amount to fifty dollars, an J 
 do not amount to one hundred dollars, the sum of five dollars. 
 
 (d) When the damages recovered amount to one hundred dol-
 
 177 
 
 lars, and do not amount to three Inmdred dollars, the sum of 
 seven dollars. 
 
 (e) When the damages recovered amount to three hundred 
 dollars, and do not amount to five hundred dollars, the sum of 
 nine dollars. 
 
 (f) When the damages recovered amount to five hundred dol- 
 lars, and do not amount to seven hundred dollars, the sum of ten 
 dollars. 
 
 (g) AVhen the damages recovered amount to seven hundred 
 dollars, or over, the sum of fifteen dollars. 
 
 (h) When issue has been joined and an actual trial had upon 
 a question of fact, the plaintiff is entitled, in addition to the 
 sums hereinbefore s];jpcified, to the following amounts as trial 
 costs: When the damages recovered do not amount to two hun- 
 dred dollars, the sum of five dollars; when the damages recovered 
 amount to two hundred dollars and do not amftunt to four hun- 
 dred dollars, the sum of seven dollars; when the damages re- 
 covered amount to four hundred dollars and do not amount to 
 seven hundred dollars, the sum of ten dollars ; when the damage:? 
 recovered amount to seven hundred dollars or over, the sum of 
 fifteen dollars. 
 
 To the defendant: 
 
 When issue has been joined and an actual trial had upon a 
 question of fact, the fees and disbursements allowed by law, and 
 also the following additional sums as trial costs: 
 
 When the plaintiff has demanded in his complaint, or sought 
 to obtain upon the trial, judgment against the defendant for any 
 amount under two hundred dollars, the sum of five dollars ; and 
 when two hundred dollars, and less than four hundred dollars, the 
 -sum of seven dollars ; and when four hundred dollars, and les3 
 than seven hundred dollars, ten dollars; and when over seven 
 hundred dollars, fifteen dollars. 
 
 2. When a judgment of nonsuit is rendered in an action be- 
 cause the plaintiff discontinues or withdraws the action or 
 because he fails to appear within one hour after the summons is
 
 178 
 
 returnable or within one hour after the time to which the trial 
 has been adjourned, if the defendant has duly appeared on the 
 return day and on the adjourned days, if any, and in case a 
 verified complaint was served, has filed a verified answer, the 
 court may in its discretion award to the defendant the following 
 sums as costs, for which judgment must be granted in addition to 
 the fees and disbursements allowed by law. 
 
 If it appears by the complaint that the amount claimed by 
 plaintiff is under one hundred dollars, or if no complaint has 
 been filed, the sum of three dollars. If it appears by the com- 
 plaint filed by plaintiff that the amount claimed is one humlrcd 
 dollars or over, five dollars. 
 
 3, The prevailing party in summary proceedings to recover 
 the possession of real property is entitled, in addition to other 
 costs, fees and disbursements allowed by or pursuant to law, to 
 the sum of five (pilars trial costs, if there has been a trial of an 
 issue of fact joined therein. 
 
 4. The trial costs prescribed by this section must not be allowed 
 tc the prevailing party unless he appears in the action or v 
 ceeding by an attorney admitted to practice as such in the courts 
 of -the state of New York and the trial is conducted by an 
 admitted attorney or his clerk. 
 
 § 519. Oifer of judgment. — The defendant may on the return 
 of process and before answering, make an offer in writing t(i 
 allow judginent to be taken against him for an amount 
 stated in such offer with costs. The plaintiff must thereupon and 
 before any other proceedings are had in the action, determine 
 whether he will accept or reject such offer. If he accept the 
 offer, the acceptance thereof must be in writing and the clerk 
 must file the offer and the acceptance thereof, and judgment mnst 
 be rendered accordingly. If the plaintiff fail to accept the offer 
 and fail to obtain judgment for a greater amount exclusive of 
 costs, than was specified in the offer, he is not entitled to recover 
 costs, but must pay to the defendant his costs accruing subsequent 
 to the offer.
 
 179 
 
 § 520. Confession of judgment. — The luimicipal court has 
 jurisdiction to render judgment upon the confession of a defend- 
 ant as prescribed in title six of chapter nineteen of the code of 
 civil procedure, where the sum confessed does not exceed two 
 thousand dollars, exclusive of costs ; and the provisions of said 
 title apply thereto. 
 
 § 521. Proceedings on default. — ^Vhen a defendant makes de- 
 fault in appearing or pleading upon the return of a summons 
 served without a verified complaint, the court must hear the 
 allegations and proof of the plaintiff, and render judgment ac- 
 cording to law and justice. When a verified complaint has been 
 served with the summons, if the defendant fail to file a verified 
 answer thereto, he is deemed to have admitted the allegations of 
 the complaint, and the court, upon the filing of the summons and 
 complaint with proof of due service thereof, must forthwith enter 
 judgment for the plaintiff for the amount demanded in the com- 
 plaint, with costs and disbursements, without further proof. 
 
 § 522. Opening defaults. — The municipal court has power to 
 open defaults and set aside judgments rendered on default and 
 entered therein and executions issued thereon, before a transcript 
 thereof has been filed in the Monroe county <!lerk's office, and the 
 judges thereof have power to vacate orders made on default and 
 all process issued thereon or thereunder ; on such terms as may 
 be just, provided it is shown that manifest injustice has been done 
 and the defendant satisfactorily excuses his default ; but no 
 greater terms must be imposed than the payment of the costs in- 
 cluded in the judgment or order and the sum of seven dollars 
 costs of the motion. The application therefor must be founded 
 upon affidavits, and must be made within twenty days from the 
 entry of judgment or order, but the court may hear evidence con- 
 cerning the matters specified in the affidavit upon the hearing of 
 the motion. Upon presentation of such application the municipal 
 court must issue an order under the hand of one of the judges 
 or of the clerk, returnable in not less than five nor more than 
 eight days, requiring the plaintiff to show cause why said judg-
 
 1 80 
 
 iiH 111 (.r iii'dir sIkuiM iml he scl ;isi(,|c. A <'<'|>v <'t lli'' nvlrv aiil 
 \ho j)a])ci-s upon ^vhi(•h it is f^nnitod mnst be served upon the plain- 
 titr or his attorney, if ho lias appeared by attorney, not less than 
 three days prior to the return thereof. Pending such application 
 and the determination thereof, the court may stay proceedings 
 under any execution or process which has been issued. When a 
 judgment or order is set aside the action or proceeding must pro- 
 ceed as though no judgment had been rendered. In such a case 
 when an execution has been issued and a levy made thereunder, 
 the same may, in the discretion of the court, be allowed to stand 
 as security for tlie satisfaction of any judgment that plaintiff 
 may finally recover. 
 
 § 52;i Judgment within ten days. — Judgment must be ren- 
 dered by the court and entered in the docket thereof, in every ac- 
 tion or proceeding finally submitted to the court, within ten days 
 thereafter, unless otherwise stipulated by the parties. 
 
 § 524. Transcript of judgment. — The clerk, on the application 
 of the party in whose favor the judgment was rendered, and pay- 
 ment of the fees therefor, must deliver to him a transcript of the 
 judgment. The county clerk of Monroe county must, upon pres- 
 entation of the transcript and payment of the fee therefor, if 
 within six years after the rendering thereof, endorse thereupon 
 the date of its receipt, file it in his office, and docket the judgment 
 as of the time of the receipt of the transcript, in the book kept by 
 hirti for that purpose. Thenceforth the judgment is deemed and 
 becomes a judgment of the county court of Monroe county and 
 must be enforced accordingly, except that an execution can be 
 issued thereupon only by the county clerk as prescribed iu the 
 code of civil procedure, and that the judgment is not a lien upon 
 and cannot be enforced against real property unless it is for 
 twenty-five dollars or more, exclusive of costs. 
 
 § 525. Power to punish for contempt. — The judges have power 
 to punish for contempt in the same manner and to the same ex- 
 tent as justices of the peace as provided in title one of chapter 
 nineteen of the code of civil procedure.
 
 . 181 
 
 § 520, Clerks and stenographers. — Tlic judges may appoint to 
 hold office during their pleasure, a clerk, two deputy clerks, and 
 such other subordinates as may be prescribed by the board of 
 estimate and apportionment. Each of the deputy clerks must 
 be a stenographer. It is the duty of the clerk to keep the docket 
 of the court, of all proceedings in any action or proceeding brought 
 in the court or before a judge thereof, and to enter in the docket 
 the judgments, orders and decisions of the court and of the judges 
 thereof; and the docket shall be evidence in the courts of this 
 state to the same extent as the docket of a justice of the peace. 
 It is the duty of the deputy clerks to take stenographic minutes of 
 the testimony and other proceedings in all cases tried before the 
 court or a judge thereof, except when the judge presiding directs 
 otherwise. They must transcribe fully and at length the minutes 
 of each case taken, when directed by the court or judge, and file 
 the same with the clerk, who must cause the same to be preserved 
 with the other papers in the case. The stenographic minutes 
 taken by the deputy clerks must be preserved and filed in the 
 office of the clerk of the court, and they must furnish to any one 
 applying therefor a transcript of such minutes, for which a 
 charge must be made of three cents for each folio of one hundred 
 words contained therein, to be paid_into court for tbe benefit of 
 the city. It is also the duty of the clerk and deputy clerks to 
 make and file in the Monroe county clerk's office all returns on 
 appeal in cases in which the minutes of testimony are taken by 
 the deputy clerks ; such return to be made in type or ordinary 
 writing and certified by the judge who tries the case. It is also 
 the duty of the clerk in the absence of both judges, to call all 
 cases on the retuni day and hour and note appearances and de- 
 faults, with the same force and effect as if done by the judges 
 or either of them, and in the absence of both judges to adjourn 
 any action or proceeding for a period of not more than five days; 
 which duty may be performed by either of the deputy clerks. The 
 judges, clerk and deputy clerks have power to administer oaths 
 and take acknowledgments the same as justices of the peace of 
 towns.
 
 182 
 
 § 527. Payment and account of fees. — There must be jiaid to 
 the clerk of the court the same fees which are provided by law to 
 be paid to justices of the peace or into justices' courts, and in 
 addition thereto the following amounts: For the actual trial of 
 an issue of fact, when- the amount demanded by either of the 
 parties is ov€r one hundred dollars, twenty-five cents for each 
 hundred dollars or part thereof in excess of one hundred dollars, 
 to be paid by the party demanding the same; for the entry of 
 judgment by default, twenty-five cents for each hundred dollars 
 or part thereof for which judgment is entered, in excess of one 
 hundred dollars; two dollars for issuing an order to show cause 
 why a judgment or order rendered or made upon default should 
 not be vacated. The clerk must demand and receive prepayment 
 of all fees for process, making out and filing bonds, undertakings 
 and affidavits, together with such fees for trial, judgment and 
 other matters as are allowed by law^ in justices' courts; also fees 
 for jurors when a jury trial is demanded, and in addition thereto 
 such other fees as are allowed by this act ; and he must keep an 
 accurate account of all moneys paid into court or received by him 
 or the deputy clerks, and a daily itemized account of the same, 
 and at the end of each month must deposit with the treasurer of 
 the city all fees and moneys received, together with a statement 
 thereof verified by him to be a true and correct account of all the 
 moneys paid into court or received by him or the deputy clerks 
 during the period covered by the statement. 
 
 § 528. Constables. — The constables elected in the dift'erent 
 wards of the city are officers of the municipal court, and the 
 judges thereof may command the services of any constable of the 
 city to enforce the authority of the municipal court and to main- 
 tain peace and good order therein; but the constables are not com- 
 pelled to serve or execute any process issued by the police justice 
 or the municipal court in execution of the laws of the state for 
 tlic prevention of crime and the punishment of criminal offenders, 
 cr of the police laws and regulations of the state or of the city ; nor 
 is the county of Monroe or the city liable to pay any such con-
 
 183 
 
 stable any fees for serving or executing such process. In other 
 respects the constables eltcted in the city have within the city the 
 same authority and fees, and are subject to the same duties as the 
 constables of the several towns of the county. 
 
 § 529. Provisions of code generally applicable The provi- 
 sions of chapter nineteen and title five of cliapter twenty of the 
 code of civil procedure, excluding section three thousand sixty- 
 three of chapter nineteen, excluding article three of title eight of 
 clapter nineteen, and excluding titles ten and eleven of chapter 
 nineteen, apply to the municipal court and the judges thereof, 
 except so far as they are inconsistent with this act. 
 
 AKTICLE XVIII. 
 
 Mount Hope Commission. 
 
 Section 540. jMount Hope commission. 
 
 541. Powers and duties of Mount Hope commission. 
 
 5.42. Power to order work and purchase supplies. 
 
 543. Duties of superintendent and subordinates. 
 
 544. Deeds of Mount Hope cemetery lots. 
 
 545. Repair fund. 
 
 546. Perpetual contract fund. 
 
 547. Special section fund. 
 
 548. Power to hold lots in trust. 
 
 549. Mount Hope'cemetery property exempt from execu- 
 
 tion. 
 
 Section 540, Mount Hope commission. — The Mount Hope com- 
 mission is composed of the commissioners of ]\Iount Hope, and it 
 must annually elect one of its members president thereof, and . 
 may adopt rules for the transaction of its business. 
 
 § 541. Powers and duties of Mount Hope commission. — The 
 ^[ount Hope commission has power to appoint a superintendent 
 and such other subordinates as it deems proper, and to fix their 
 compensation and regulate their duties. It has the control, care, 
 uninagcment and maintenance of Mount Hope cemetery and of
 
 184 
 
 everything in and upon the same, and the fences surrounding the 
 same. It must cause suitable maps^ to be made of all the grounds, 
 roads and lots in the cemetery, and may by resolution adopted at 
 a meeting thereof divide the whole or any part of the lands now 
 or hereafter belonging to the cemetery into such definite sections 
 or parts as deemed desirable, and each of such sections or parts 
 must have a name, and the name of each section must be desig- 
 nated, and the boundary lines thereof described in the resolution; 
 and the resolution together with the date of its passage must be 
 recorded in a book kept by or under the control of the commission 
 for that purpose, and subscribed by the commissioners or a ma- 
 jority of them, and a copy of said resolution with the date of its 
 passage, duly certified by the commissioners or a majority of them, 
 must be immediately filed in the office of the city clerk, and must 
 be recorded by said clerk in a book to be kept by him for that 
 purpose ; and the commission may regulate the sales and prices of 
 lots and interments in the cemetery, and may make rules and 
 regulations for the use and improvement of the cemetery, includ- 
 ing all of the buildings, monuments, tombstones and other articles 
 in or upon the same ; but in no case may it charge a fee to visitors. 
 
 § 542. Power to order work and. purchase supplies The 
 
 Mount Hope commission has power to cause work to be done and 
 to purchase supplies and materials necessary in the performance of 
 its duties. The commission is prohibited from expending any 
 money or incurring any indebtedness in excess of its receipts and 
 accumulation of receipts, including interest on permanent fund« 
 permitted by the provisions of this act to be expended by the com- 
 mission. Any expenditures of money or liability incurred in vio- 
 lation of the provisions of this section is void and not binding upon 
 the city. 
 
 § 543. Duties of superintendent and subordinates. — It is the 
 duty of the superintendent and of all other subordinates designated 
 by the commission to enforce the rules and regulations of the 
 Mount Hope commission, and ordinances of the common council 
 relating to Mount Hope cemetery, and to arrest any person caught
 
 185 
 
 in the act of violating an ordinance of the common council relating 
 to Mount Hope cemetery, 
 
 § 544. Deeds of Mount Hope cemetery lots. — All deeds of sec- 
 tions, lots and burial places must be executed by the mayor and 
 city clerk, and countersigned by the treasurer and recorded in the 
 city clerk's office. 
 
 § 545. Repair fund. — The Mount Hope cemetery repair fund 
 is continued with the moneys therein contained, and a sum to be 
 determined by the Mount Hope commission not less than ten per 
 centum of the annual gross receipts must annually be paid into the 
 repair fund, until such fund amounts to the sum of five hundred 
 thousand dollars, and the interest thereof must be applied to the 
 repairing of roads, lawns, hill-sides, monuments, abandoned lots 
 and public grounds, and tlie erection of new buildings ; and such 
 repair fuud must never be diverted from such purposes, and no 
 part thereof expended except the interest received thereon. 
 
 § 546. Perpetual contract fund. — Any person may pay to the 
 treasurer of the city of Rochester to the credit of the Mount Hope 
 perpetual contract fund, a sum of money deemed sufficient by said 
 commission for the purpose of keeping in order any lot or parcel 
 of land in the cemetery, and the treasurer must deliver to such per- 
 son a certificate signed by himself and by a majority of the com- 
 missioners of ]\Iount Hope and by the city clerk, and to which the 
 city seal must be attached, stating the amount deposited, the name 
 of the person making the deposit, a description of the lot for which 
 it is made, "and a covenant on the part of the city that the interest 
 on such deposit thereafter from time to time, as occasion may re- 
 quire, will be expended on such lot for the purpose of keeping the 
 same in repair; and the Mount Hope commission and the city 
 clerk must keep a record of such certificates issued ; and thereafter 
 the interest obtained on such sum must from time to time, as 
 occasion requires, be expended under the direction of the Mount 
 Hope commission on such lot or parcel of land for the purpose of 
 keeping the same in repair. The city in no event is liable to repay 
 tlie principal paid into the Mount Hope perpetual contract fund.
 
 186 
 
 § 547. Special section fund. — A special section fund may be 
 created by the Mount Hope commission for the care of lots in 
 sections or parts of the cemetery designated by the Mount Hope 
 commission. There may be annnally added thereto a sum deter- 
 mined by the Mount Hope commission not exceeding twenty per 
 centum of the annual g;i'oss receipts from the sales of the lots in 
 such definite section or part of the cemetery. The interest on the 
 moneys in the fund must be used for the care of the surface of 
 the lots in such sectional part of the cemetery, but not for the 
 erection or care of mounds or other structures above the general 
 surface of the ground. A deed conveying any lot or portion of 
 the cemetery for burial purposes included in the part or section 
 designated by the Mount Hope commission, must contain an agree- 
 ment on the part of the city that the part of the special section 
 fund applicable thereto will be applied as provided in this section 
 to the care of the lands described in the deed. 
 
 § 548. Power to hold lots in trust — Any owner or owners of a 
 lot of part of a lot in Mount Hope cemetery, may grant or devise 
 the same to the Blount Hope commission, subject to its accept- 
 ance thereof, and it shall thereafter own the same in trust to 
 the extent and in the manner and for the purpose specified in 
 and by the deed, will or other conveyance, and the said com- 
 mission must thereafter permit the interment of only such per- 
 son or persons or class of persons in such lot or part of a lot 
 as may be designated in such deed, will or other conveyance or 
 by the owner or owners thereof in his or their lifetime. 
 
 § 549. Mount Hope cemetery property exempt from execution. 
 — ]\[ount Hope cemetery, and all sections, lots and burial places 
 therein, heretofore or hereafter conveyed as places for the burial 
 of the dead, are exempt from levy and sale on execution, and 
 cannot be applied to the payment of debts by an assignment under 
 nnv insolvent law, or by any compulsory process of law.
 
 187 
 
 ARTICLE XIX. 
 
 Market CoMMissioisr. 
 Section 560. Market commission. 
 
 561. Powers and diUies of market commission. 
 
 562. Market privileges. 
 
 563. Market revenues. 
 
 Section 560, Market commission. — The market commission is 
 composed of tlie market commissioners and the city engineer, and 
 it must annually elect one of its members president thereof, and 
 may adopt rules for the transaction of its business. 
 
 § 561. Powers and duties of market commission. — The market 
 commission has jDOwer to appoint to hold office during its pleasure 
 such subordinate as may be prescribed by the board of estimate 
 and apportionment. It has the control, government and manage- 
 ment of the public market, and must cause all moneys and revenues 
 received therefrom to be dei^ositcd daily with the treasurer of the 
 city, and must make a monthly report to the common council of the 
 amount of business done at the market, the amount of all revenues 
 received, the source thereof, and the amount paid or incurred for 
 salaries and other exj^enses. 
 
 § 562. Market privileges. — The market commission has power 
 to lease stands, places and privileges in the public market. Xo 
 stand, place or privilege may be leased for a longer term than 
 one month, except to the highest bidder therefor after public 
 notice; and no stand, place or privilege may be leased for more 
 than three years. The amount of all general license fees and 
 charges for market stands, places and privileges must be fixed by 
 general ordinance of the common council. 
 
 § 563. Market revenues. — The revenues or receipts of the mar- 
 ket must be applied as follows: first, to the payment of interest 
 upon the public market bonds ; second, the remainder, if any, to 
 the public market sinking fund as a part of the annual amount 
 required to be credited to that fund ; third, the remainder, if any,
 
 188 
 
 to the maintenance of the public market, as far as may be neces- 
 sary, and subject to the limitations provided by this act as to ex- 
 penditures of money. 
 
 ARTICLE XX. 
 
 Board of Midwife Examiners. 
 Section 574. Board of midwife examiners. 
 
 575. Examiners and certificates. 
 
 576. Powers of a midwife. 
 
 577. Revoking certificates. • 
 
 578. Penalties. 
 
 Section 574. Board of midwife examiners. — The l)oard of 
 midwife examiners consists of the midwife examiners and the 
 health officer, and it must annually elect one of its members 
 president thereof, and may adopt rules for the transaction of its 
 business. 
 
 § 575. Examinations and certificates. — The board must meet 
 on the first Tuesday of April and October in each year, and at 
 such other times as it may appoint, and examine all candidates 
 of the age of twenty-one years and upwards as to their moral 
 character and qualifications to practice midwifery, and must 
 issue a certificate of qualification to practice midwifery to any 
 person so examined who is found by them to be qualified, upon 
 such person paying to the city treasurer the sum of ten dollars. 
 A duplicate of such certificate must be recorded by the clerk of 
 the city of Rochester in a book kept for that purpose. 
 
 § 576. Powers of a midwife. — Any person who has received 
 and recorded such certificate shall thereupon be designated a 
 midwife, and authorized and entitled within the city of Rochester 
 to practice midwifery in cases of normal labor, and in no others ; 
 but such persons must not in any cases of labor, use instruments 
 of any kind, nor assist labor by any artificial, forcible, or 
 mechanical means, nor perform version nor attempt to remove 
 adherent placentae, nor administer, prescribe, advise, or employ 
 any poisonous or dangerous drug, herb or medicine, nor attempt
 
 189 
 
 the treatment of disease except where the attendance of m 
 physician cannot be speedily procured, and in such cases, such 
 persons must at once and in the most speedy way procure the 
 attendance of a physician. 
 
 § 577. Revoking- certificates. — The board of examiners has 
 power, on proper cause being shown, and after giving a hearing 
 to the person holding their certificate, to recommend to the mayor 
 of the city of Rochester the revocation of the same, and the mayor 
 has power thereupon to revoke such certificate and license. 
 
 § 578. Penalties. — Any person who practices, or without the 
 attendance of a physician where one can be procured, attends a 
 case of obstetrics within the city of Rochester, without being 
 duly authorized so to do under existing laws of this state, or 
 without having received and recorded the certificate provided by 
 this act, and any person who violates any of the provisions of this 
 act is guilty of a misdemeanor and on conviction thereof shall be 
 fined not less than fifty dollars nor more than one hundred dol- 
 lars, and shall forfeit any certificate therefor granted under the 
 provisions of this act. 
 
 ARTICLE XXI. 
 
 Board of Examinees of Stationary Engineers. 
 Section 589. Board of examiners of stationary engineers. 
 590. Powers and duties of the board. 
 
 Section 589. Board of examiners of stationary engineers. — 
 The board of examiners of stationary engineers is composed of 
 the examiners of stationary engineers, and must annually elect 
 one of its members president thereof, and may adopt rules for 
 the transaction of its business. 
 
 § 590. Powers and duties of the board. — The board must meet 
 at least twice each month for the purpose of examining applicants 
 for stationary engineer's licenses, and they possess such other 
 powers and must perform such other duties as may be directed by 
 ordinance of the common council.
 
 190 
 
 AKTICLE XXII. 
 
 Municipal Civil Service Commission. 
 Section 601. Municipal civil service commission. 
 G02. Secretary. 
 603. Subordinates. 
 
 Section 001. Municipal civil service commission The munic- 
 ipal civil service commission is constituted as may be prescribed 
 by law, and it must annually elect one of its members president 
 thereof, and it has the powers and must perform the duties which 
 may be conferred and imposed upon it by or pursuant to law. 
 
 § 602. Secretary. — The secretary of the municipal civil 
 service commission is appointed by the mayor, and he must per- 
 form such duties as may be imposed upon him by the commission 
 or by law. 
 
 § 603. Subordinates. — The municipal civil service commission 
 has power to appoint such subordinates as may be prescribed by 
 the board of estimate and apportionment. 
 
 ARTICLE XXIII. 
 
 SUPEKVISOES. • 
 
 Section 614. Powers, duties and compensation of supervisors. — 
 The supei vi jcrs have the powers and are under the duties of super- 
 visors of to^vns under the laws of the state, so far as they are 
 consistent with the provisions of this act. Such laws, so far as 
 they are applicable, regulate the jjowers and duties of supervisors. 
 The supervisors are members of the board of supervisors of the 
 county of Monroe, and are entitled to the same compensation, to 
 be paid in the same manner. 
 
 ARTICLE XXIV. 
 
 Miscellaneous Pkovisions. 
 Section 625. Inhabitants not incompetent 
 
 626. Witnesses not to be excused from testifying.
 
 191 
 
 Section 627. ISTo security required by city. 
 
 628. Officers to hold during term. 
 
 629. Civil service employees to continue. 
 
 630. Ordinances to remain in force. 
 
 631. Territory annexed. 
 
 632. Claims for damages; place of trial of actions and 
 
 proceedings. 
 
 633. Definition of words. 
 
 634. Construction. 
 
 635. Certain acts not to apply. 
 
 636. Laws now applicable. 
 
 637. Effect of repeal. 
 
 638. Acts repealed. 
 
 639. When to take effect. 
 
 Section 625. Inhabitants not incompetent. — Upon the trial of 
 any issue or the prosecution of any proceeding, or upon the taking 
 or making of any inquisition, appraisal or award, or upon the 
 judicial investigation of any facts whatever, or in any action or 
 proceeding in any court or before any judge, to which issue, pro- 
 ceedings, inquest, investigation, award or action the city or its 
 departments, boards or officers is a party, or in any way interested, 
 no person is deemed incompetent as a judge, referee, commis- 
 sioner, appraiser, arbitrator, witness or juror by reason of his 
 being an inhabitant, freeholder or taxpayer of the city. 
 
 § 626. Witnesses not to be excused from testifying Xo 
 
 witness shall be excused from testifying in any criminal pro- 
 ceeding Or in any investigation or inquiry before the common 
 council or any committee thereof, or before any officer conducting 
 an investigation, touching the knowledge of such witness as to 
 any offense committed in violation of the provisions of this act 
 or an ordinance of the common council ; but such testimony must 
 not be used against such witness in any criminal prosecution or 
 proceeding whatever. ' 
 
 § 627. No security required by city — No bond, undertaking 
 Chap. 755 13
 
 192 
 
 or security is necessary to be delivered or filed by the city or any 
 of its officers, boards or departments, in any action, suit or pro- 
 teeding in or before any court, judge or justice of the state, on 
 'appeals, adjournments or other matters in which security is 
 required, unless otherwise specifically required by this act. 
 
 § 628. Officers to hold during term. — All officers elected or 
 appointed for a definite term continue in office for the term for 
 which they were elected or appointed, under the powers, provi- 
 sions and restrictions of this act. 
 
 § 629. Civil service employees to continue. — All employees 
 holding positions under or subject to civil service examination 
 are continued in their respective positions under the powers, pro- 
 visions and restrictions of this act, until removed according to law. 
 
 § 630. Ordinances to remain in force. — All ordinances of the 
 common council not inconsistent with the provisions of this act 
 remain in force and are not deemed repealed by the enactment 
 hereof. ' 
 
 § G31. Territory annexed — The territory Avhich by this act 
 is taken from the town of Irondequoit and annexed to the city of 
 Rochester as a part of the twenty-second ward thereof, remains 
 in the first assembly district of Monroe county, until the same is 
 changed according to law; and the common council must make 
 provision for the voting of the electors of such territory. 
 
 § 632. Claims for, damages; place of trial of actions and pro- 
 ceedings. — All claims against the city for damages or injuries 
 to person or property, invasions of personal or property rights of 
 every name and nature whatsoever, whether casual or continuing, 
 continuing and continuous trespasses, continuing and continuous 
 invasions of property, continuing and continuous invasions of prop- 
 erty rights, and all other claims for damages or injuries to per- 
 sons or property, arising at law or in equity, and enforceable or 
 sought to be enforced at law or in equity, alleged to have been 
 caused or sustained in whole or in part by or because of any 
 misfeasance, nonfeasance, negligence, omission of duty, wrongful 
 act, fault or neglect on the part of the city or any of its agents,
 
 193 
 
 officers or employees, must be presented to the common council 
 and the corporation counsel, in writing, within thirty days after 
 such damages, or injuries to persons or property were sustained. 
 Such \\Titing must state the time when, the place where and the 
 circumstances under which the damages or injuries were sustained 
 and the particular cause thereof; it must also state so far as it is 
 then practicable, the nature and extent of the damages or in- 
 juries; it must also state the place of residence of the claimant by 
 street and number, and if there be no street or number, it must 
 cpntain such statement as will disclose the place of residence; and 
 all such claims must be verified by the oath of the claimants ; and 
 if it is intended to commence an action on such claim, notice of 
 such intention, containing the amount demanded and the time and 
 place of the damages or injuries must also be served on the cor- 
 poration counsel within six months after such damages or injuries 
 were sustained. ISTo action may be maintained for damages or 
 injuries to p£rsons or property caused or sustained as aforesaid 
 unless the claim therefor is presented to the common council and 
 corporation counsel within thirty days and notice of intention is 
 served upon the corporation counsel within six months, and the ac- 
 tion is commenced within one year after such damages or injuries 
 were sustained, but no such action may be brought until three 
 months have elapsed after the presentation of the claim to the com- 
 mon council and the corporation counsel. This section applies to 
 claims of infants and all other persons. The place of trial of all 
 actions or proceedings against the city or its boards or officers, shall 
 be in the county of Monroe. 
 
 § 633. Definition of words. — The word " his " as used in this 
 act shall, in all proper cases, be held to include and be coexten- 
 sive with the words " her," " it " and " their ; " the word " per- 
 son " shall be held to include and be coextensive with the words 
 " persons," " company," " joint stock association " and " corpora- 
 tion." The word " street " shall be held to include and be 
 coextensive with " roads," " avenues," " highways " and " alleys ;" 
 the word '' work " shall be held to include and be coextensive with
 
 104 
 
 " improvements " and " repairs ; " the word " materials " shall 
 be held to include and be coextensive with " supplies," " sta- 
 tionery," " books," " furniture " and " repairs to furniture ; " 
 the word " tax " shall in all proper cases be hold to include and 
 be coextensive with " water rents or rates," " assessments or 
 reassessments for local improvements ; " the word " board " shall be 
 held to include and be coextensive with " commission," and the 
 singular noun shall be held to include and be coextensive with the 
 plural. A reference to the code of civil procedure, to the code of 
 criminal procedure, to any statute, to the rules of practice, or any 
 sections or parts thereof, shall be held to refer to such code of 
 civil procedure, code of criminal procedure, statutes and rules of 
 practice as the same now exist or as they may from time to time 
 hereafter be amended. The expressions " according to law," 
 "pursuant to law," and "by law," and any reference to law shall 
 be held to refer to the law as now existing or as hereafter from 
 time to time amended or changed. 
 
 § 634. Construction. — The provisions of this act, so far as 
 they are substantially the same, or cover the same subject matter, 
 as those of any law repealed hereby, shall be construed as a con- 
 tinuance of such repealed law, modified or amended, according to 
 the language employed herein and not as new enactments. 
 References in a law not repealed to the provisions of any law 
 incorporated into this act, shall be construed as applying to the 
 provisions so incorporated, i^othing contained in this act shall 
 be construed as relieving a street surface railway corporation, 
 or any other corporation, from its obligations, liabilities, duties 
 or agreements under existing contracts, ordinances or laws. The 
 meaning and effect of the terms and language used herein shall be 
 construed in accordance with the provisions of the statutory con- 
 struction law. This act is intended to be and shall be deemed and 
 held in all courts to be a public act of which the court shall take 
 judicial notice, and shall be liberally construed so as to carry into 
 effect the objects and purposes thereof. 
 
 § 035. Certain acts not to apply. — The provisions of chapter
 
 195 
 
 three hundred thirty-nine of the laws of eighteen hundred and 
 eighty-three, relating to pawnbrokers; the provisions of chapter 
 six hundred eighty-five of the laws of eighteen hundred and ninety- 
 two, known as the general municipal law, except sections two 
 and twenty-one thereof; the provisions of chapter four hundred 
 forty-eight of the laws of eighteen hundred and ninety-six, relating 
 to licensing of dogs; the provisions of chapter three hundred 
 thirty-four of the laws of nineteen hundred and one, known as the 
 tenement house act ; the provisions of chapter four hundred thirty- 
 two of tlie laws of nineteen hundred and four as amended by chap- 
 ter tliree hundred twenty-seven of the laws of nineteen hundred 
 and six, relating to employment agencies ; and all acts amendatory 
 thereof and supplementary thereto, do not apply to the city of 
 Rochester. 
 
 § 036. Laws not applicable. — While the city remains a city 
 of the second class it shall be governed by and be subject to the 
 laws applying to cities of the second class, the laws now applying 
 to the city of Rochester even though specifically repealed herein, 
 and the provisions of this act which by the terms thereof are to 
 lake effect before the first day of January, nineteen hundred and 
 eight. 
 
 § 637. Effect of repeal. — The repeal of a law, or any part of it, 
 by the provisions of this act, shall not affect or impair any act 
 done or right accruing, accrued or acquired, or penalty, forfeiture 
 or punishment, or any bar, limitation or defense incurred prior 
 to the time when this act takes effect, under or by virtue of the 
 law so repealed, but the same may be asserted, enforced, prosecuted 
 or inflicted as fully and to the same extent as if such law had not 
 been repealed, except as to bars, limitations and defenses which it 
 is specifically provided herein may not be asserted or enforced 
 against the city, its boards or ofiicers; and all actions or proceed- 
 ings, civil or criminal, commenced under or by virtue of any law 
 so repealed and pending when this act takes effect, may be prose- 
 cuted and defended to final effect in the same manner as they might 
 under any such law so repealed, unless it be otherwise specifically
 
 196 
 
 provided herein. Any limitation or bar imposed by any act re- 
 pealed hereby, shall be computed from the time the same began to 
 run, and if the whole time thereof has been completed when this 
 act takes effect, such bar or limitation shall become absolute, except 
 as to bars, limitations and defenses which it is specifically pro- 
 vided herein may not be asserted or enforced against the city, its 
 boards or officers ; but if the whole time thereof has not been com- 
 pleted, the time thereof which has rim before the taking effect of 
 this act shall be computed as a part of the time provided by this act 
 as such limitation or bar. The repeal hereby of a law or part 
 thereof, does not revive a law repealed by the law or part thereof 
 hereby repealed, and incln.des all laws amendatory of the laws 
 hereby repealed. 
 
 § 638. Acts repealed. — ■ All acts and parts of acts inconsistent 
 herewith are repealed so far as they affect the city of Rochester, 
 and the acts enumerated in the schedule annexed, are" repealed. 
 • § 639. "When to take effect. — The common council has power on 
 and after September first, nineteen hundred and seven, to pass 
 any ordinance authorized by this act, and to cause the same to be 
 published, if necessary ; which ordinances shall take effect on Janu- 
 ary first, nineteen hundred and eight. Section three, section four- 
 teen, section sixteen, section seventeen, section thirty-two, section 
 two hundred eight, section two hundred fifty-nine, section two 
 hundred sixty-five, section six hundred twenty-eight and section 
 six hundred thirty-one of this act take effect immediately. The 
 remainder of this act shall take effect on the first day of January, 
 nineteen hundred and eight. 
 
 SCHEDULE OF LAWS REPEALED. 
 
 Laws of Chapter 
 
 1834 199 
 
 1835.. 148 
 
 1835 243 
 
 1835 .■ 297 
 
 1836 158
 
 197 
 
 Laws of Chapter 
 
 1837 361 
 
 1838 199 
 
 1838 274 
 
 1839 190 
 
 ]840 27 
 
 1840 243 
 
 1840 336 
 
 1840 373 
 
 1841 .'.. 208 
 
 1842 35 
 
 1842 208 
 
 1842 282 
 
 1843 76 
 
 1844 69 
 
 1844 , 140 
 
 1844 145 
 
 1846 198 
 
 1847 276 
 
 1847... 304 
 
 1848 42 
 
 1848 85 
 
 1848 150 
 
 1848 174 
 
 1848 183 
 
 1849 62 
 
 1849 303 
 
 1849 367 
 
 1849 56Q 
 
 1850 32 
 
 1850 262 
 
 1851 389 
 
 1851 495 
 
 1852 218 
 
 1852 241
 
 198 
 
 Laws of Chapter 
 
 1852 306 ^ 
 
 1852 344 
 
 1852 356 
 
 1853 16 
 
 1853 188 
 
 1853 240 
 
 1853 332 
 
 1853 582 
 
 1854 208 
 
 1854 248 
 
 1855 77 
 
 1855 278 
 
 1855 457 
 
 1855 568 
 
 1856 137 
 
 1857 62 
 
 1857 289 
 
 1860 430 
 
 1861 143 
 
 1861 244 
 
 1862 58 
 
 1862 132 
 
 1863 121 
 
 18S3 140 
 
 1863 169 
 
 1863 ^215 
 
 1863 470 
 
 1864 64 
 
 1864 282 
 
 1865 181 
 
 1865 240 
 
 1865 268 
 
 1865 297 
 
 1865 553
 
 199 
 
 Laws of Chapter 
 
 1865 639 
 
 1866 212 
 
 1866 638 
 
 3866 699 
 
 1867 59 
 
 1867 130 
 
 1867 155 
 
 1867 435 
 
 1867 592 
 
 1868 207 
 
 1868 218 
 
 1868 276 
 
 1868 393 
 
 1868 738 
 
 1869 255 
 
 1869 267 
 
 1869 287 
 
 1869 332 
 
 1870 324 
 
 1870 699 
 
 1870 718 
 
 1871 203 
 
 1871 229 
 
 1871 318 
 
 1871 370 
 
 1871 476 
 
 1871 557 
 
 1872 166 
 
 1872 183 
 
 1872 185 
 
 1872 198 
 
 1872 199 
 
 1872 202 
 
 1872 219
 
 200 
 
 Laws of Chapter 
 
 1872 387 
 
 1872 463 
 
 1872 490 
 
 1872 602 
 
 1872 770 
 
 1872 771 
 
 1873 255 
 
 1873 522 
 
 1873 572 
 
 1873 689 
 
 1873 700 
 
 1873 754 
 
 1873 790 
 
 1874 29 
 
 1874 30 
 
 1874 47 
 
 1874 " 120 
 
 1874 157 
 
 1874 248 
 
 1874 339 
 
 1874 482 
 
 1874 541 
 
 1874 649 
 
 1875 17 
 
 1875 21 
 
 1875 33 
 
 1875 39 
 
 1875 45 
 
 1875 70 
 
 1875 78 
 
 1875 155 
 
 1875 174 
 
 1875 561 
 
 1875 563
 
 201 
 
 Laws of Cbaptft 
 
 1875 593 
 
 1876. ' 37 
 
 1876.. 85 
 
 1876 86 
 
 1876 196 
 
 1876 377 
 
 1877 192 
 
 1877 213 
 
 1877 416 
 
 1877 464 
 
 1878 14 
 
 1878 415 
 
 1879 6 
 
 1879, 63 
 
 1879 190 
 
 1879 230 
 
 1879.. 233 
 
 1879 537 
 
 1880 14 
 
 1880 70 
 
 1880.. 96 
 
 1880 147 
 
 1880 335 
 
 1881.... 29 
 
 1881 72 
 
 1881 .121 
 
 1881 343 
 
 1881 601 
 
 1882 69 
 
 1882 120 
 
 1882 234 
 
 1883 351 
 
 1884 67 
 
 1884 213
 
 202 
 
 I.aws of Chapter 
 
 1884 302 
 
 1885 :.. 27 
 
 1885 51 
 
 1885 168 
 
 1886 8 
 
 1886 190 
 
 1886 402 
 
 1886 492 
 
 1887 33 
 
 1887 35 
 
 1887 94 
 
 1887 303 
 
 1887 384 
 
 1887 614 
 
 1888 43 
 
 1888 86 
 
 1888 165 
 
 1888 185 
 
 1888 193 
 
 1888 198 
 
 1888 363 
 
 1888 403 
 
 1889 22 
 
 1889 409 
 
 1889 410 
 
 1890 101 
 
 1890 344 
 
 1890 347 
 
 1890 561 
 
 1891 184 
 
 1891 274 
 
 1891 317 
 
 1891 318
 
 203 
 
 Laws or Chapter 
 
 1892 7 
 
 1892 74 
 
 1892 190 
 
 1892 358 
 
 1892 507 
 
 1892 519 
 
 1892. 596 
 
 1892 701 
 
 1893 29 
 
 1893 204 
 
 1893 228 
 
 1893 594 
 
 1893 61G 
 
 1894 4 • 
 
 1894 15 
 
 1894 28 
 
 1894 124 
 
 1894 386 
 
 1894 393 
 
 1894 394 
 
 1894 419 
 
 1894 519 
 
 1894 , 520 
 
 1894 524 
 
 1894 542 
 
 1895 G04 
 
 1895 617 
 
 1895 708 
 
 1895 837 
 
 1895 842 
 
 1895 958 
 
 1895 1018 
 
 1896 413
 
 204 
 
 Laws of Cbapter 
 
 1896 511 
 
 1896 696 
 
 1896 698 
 
 1896 706 
 
 1896 ■ 707 
 
 1896 777 
 
 1897 181 
 
 1897 424 
 
 1897 436 
 
 1897 583 
 
 1897 743 
 
 1897 744 
 
 1897 : 745 
 
 1897 746 
 
 1897 784 
 
 1898 38 
 
 1898 63 
 
 1898 568 
 
 1898 569 
 
 1898 570 
 
 1898 585 
 
 1898 586 
 
 1898 660 
 
 1899 139 
 
 1899 366 
 
 1899 373 
 
 1899 392 
 
 1899 393 
 
 1899 : 394 
 
 1899 64Q 
 
 1900 119 
 
 1900 272 
 
 1900 309
 
 205 
 
 Laws of Chapter 
 
 1900 484 
 
 1900.. 528 
 
 1900 535 
 
 1901 106 
 
 1901 107 
 
 1901.. 114 
 
 1901 200 
 
 1901 249 
 
 1901 433 
 
 1901 55Y 
 
 1901 572 
 
 1901 574 
 
 1901 581 
 
 1901 719 
 
 1901 721 
 
 1901 727 
 
 1902 187 
 
 1902 531 
 
 1902 535 
 
 1902 540 
 
 1902 556 
 
 1903 58 
 
 1903 59 
 
 1903 110 
 
 1903 117 
 
 1903 297 
 
 1903 354 
 
 1903 381 
 
 1903 382 
 
 1903 394 
 
 1903 522 
 
 1903 553 
 
 1903 607
 
 20G 
 
 Laws of Chapter 
 
 1904 28 
 
 1904 245 
 
 1904 371 
 
 1904 412 
 
 1905 117 
 
 1905 118 
 
 1905 134 
 
 1905 191 
 
 1905 223 
 
 1905 233 
 
 1905 540 
 
 1905 541 
 
 1905 542 
 
 1905.. 543 
 
 1905 608 
 
 1905 686 
 
 1906 63 
 
 1906 281 
 
 1906 283 
 
 1906 317 
 
 1906 430 
 
 1906 549 
 
 1906 589 
 
 1906 591 
 
 1906 593 
 
 1906 660 
 
 State of New York, , 
 
 J 
 
 O&oi of the Secretary of State. 
 
 I have compared the preceding with the original law on file in this 
 office, and do hereby certify that the same is a correct transcript there- 
 from and of the whole of said original law. 
 
 JOHN S. \YHALEN, 
 
 Secretary of State.
 
 INDEX
 
 INDEX 
 
 (References are to pages) 
 
 ACCOUNT: 
 
 Set forth in action in municipal court 171 
 
 ACTION: 
 
 Attacking sale under tax foreclosure limited to one year 153 
 
 By city upon local assessment 86 
 
 By laborer on bond 98 
 
 City may maintain, to restrain violation of ordinances 64 
 
 Corporation counsel must appear for city or its officers 146 
 
 Foreclosure of tax liens 149.150 
 
 For damages caused by change of grade, or discontinuance of 
 
 street, may not be maintained unless claim is presented 62 
 
 For injuries to person or property may not be maintained after 
 
 lapse of one year 193 
 
 For injuries to person or property may not be maintained until 
 
 three months after presentation of claim 193 
 
 For injuries to person or property may not be maintained without 
 
 claim 193 
 
 For injuries to person or property may not be maintained without 
 
 notice of intention 193 
 
 For violation of penal ordinance 54,168 
 
 Inhabitants not incompetent when city interested in 191 
 
 Jurisdiction of municipal court in 167 
 
 May not be maintained for injury caused b}^ snow or ice. without 
 
 written notice 103 
 
 No security required by city 191 
 
 Place of trial of, against city 193 
 
 Power of citj^ to commence and defend 1 
 
 Right of city to recover expense of repair and cleaning of side- 
 walks 103 
 
 Statute of limitations not a defense against taxes, asses.sments or 
 
 water rates 153 
 
 To collect taxes heretofore levied 151 
 
 To collect taxes upon real estate 151 
 
 To recover taxes on personal property 149 
 
 To restrain acts contrary to orders of commi.ssioner of public safety 
 
 and to abate nuisances 129 
 
 AMien corporation counsel must commence 147 
 
 209
 
 210 
 
 ACTS: 
 
 Certain, not to apply to city of Rochester 194 
 
 Inconsistent, repealed 194 
 
 Schetlule of, repealed 199 
 
 ADJOURNMENT: 
 
 City not required to give bond or security upon 191 
 
 In municipal court 173 
 
 AFFIDAVITS: 
 
 Taken by mayor relating to affairs of city 37 
 
 ALDERMAN: 
 
 Common council is the judge of the election and qualifications of 45 
 
 Election of 30 
 
 May be suspended or expelled by common council 45 
 
 Member of common council 43 
 
 Powers and duties of 42 
 
 Salary of 32 
 
 Qualifications of 30 
 
 Term of office of . . . 31 
 
 Vacancy in office of 35 
 
 ANNUAL REPORTS. 34 
 
 ANSWER: 
 
 In municipal court 171 
 
 APPEAL: 
 
 Corporation counsel may take 147 
 
 From audit of comptroller 41 
 
 From award in condemnation proceedings 158 
 
 From municipal court 
 
 See Code of Civ. Pro. §§3226, 3227. 
 
 From orders of health officer 128 
 
 In proceedings to review local assessments 89 
 
 May not be taken from decision of commissioner of public safety 
 
 upon trial of policeman or fireman 117 
 
 May not be taken from decision of commissioner of public safety 
 
 upon trial of health officer or subordinates 128 
 
 APPOINTMENT: 
 
 By common council 45 
 
 By mayor 30 
 
 Certificate of 31 
 
 APPORTIONMENT: 
 
 Of tax or assessment 87 
 
 Of expense of improvement 57 
 
 APPROPRIATIONS: 
 
 Annual 40,55 
 
 Comptroller must not permit, to be overdrawn 67 
 
 Expenditures in excess of, prohibited 32 
 
 For bureau must not be .expended for other purpo.ses 33
 
 211 
 
 APPROPRIATIONS—Continued 
 
 Must be made by ordinance 53 
 
 Treasurer must not permit, to be overdrawn 74 
 
 Unexpended balance of, to be placed in sinking fund 70 
 
 When commissioner of public safety may expend money in excess 
 
 of 192 
 
 APPROVAL: 
 
 Of^contracts 147 
 
 Of official bonds 31 
 
 AREAWAYS: 
 
 Ordinance for construction of 50 
 
 ARREST: 
 
 Inactions in municipal court 170 
 
 ASSESSMENT, LOCAL: 
 
 Action to recover money paid upon local assessment limited 90 
 
 Amount of, collected in annual taxes to be added to local impro\-('- 
 
 ment fund 79 
 
 Amount to be computed by comptroller 69 
 
 Apportionment of between owners of projierty 87 
 
 ApportioruTient of amount to be assessed upon property bene- 
 fited 57 
 
 City may maintain action upon 86 
 
 Contract for improvement not to exceed estimate 98 
 
 Contracts for public improvements may be let for periods exceeding 
 
 one year 99 
 
 Conclusive unless reviewed in proceedings under charter 90 
 
 Confirmation of rolls 00 
 
 Correction of errors in, and re-assessment of 61 
 
 Creates debt against person assessed 86 
 
 Definition of 194 
 
 Estimate of expense of improvement of 57 
 
 Final ordinance for improvement 58 
 
 Final ordinance to specify number of amiual installments in which 
 
 payable 59 
 
 For east side trunk sewer 59 
 
 For expense of acquiring real estate 49 
 
 For cleaning and care of streets 69,83 
 
 For numbering houses 69,83 
 
 For sprinkling streets 69,83 
 
 For repair and cleaning of sidewalks 83,103 
 
 Have preference over all other claims 152 
 
 Insertion of in annual tax rolls 83-84 
 
 Interest to be included therein 69 
 
 Interest to be collected thereon 79 
 
 Lien of 87 
 
 Notice to hear allegations and hearing of allegations on rolls for. . 85 
 
 Of state lands 87 
 
 Owners may petition for kind of pavement 58,97 
 
 Procedure to vacate or reduce 89
 
 212 
 
 ASSESSMENT, LOCAL Coutinunl 
 
 Pul)lictiti()ii of notice for payment of 79 
 
 Reduction or remission of by board of estimate and fipportion- 
 
 ment 41 
 
 TJequireiiHMits for passajje of final ordiiiatu-c for iinpro\-cinciit . ... 59 
 
 Rolls for 84 
 
 Rolls to be delivered to common council 60 
 
 Rolls after confirmation to be delivered to city treasurer 60 
 
 SettinfT aside of rolls 61 
 
 Special assessors to levy 85 
 
 Statute of limitations not a defense 153 
 
 Sum necessarily expended in improvement may be assessed 98 
 
 To be paid before estate is settled 153 
 
 To [)e deducted from award in condemnation firoceedinss 159 
 
 Warrants for 79 
 
 AVlien added to annual tax becomes a part thereof 78 
 
 When due 79 
 
 Wlien unpaid to be inserted in annual tax rolls 80 
 
 Valid against land, if mistake made in name of owner 86 
 
 Validated 88 
 
 See Assessment AND Taxatiox. Dept. of; Improvemext; Tax: 
 Treasuker. 
 
 ASSESSMENT AND TAXATION, DEPARTMENT OF: 80 
 
 All lands liable to local assessment except .Mount Hope 85 
 
 Appointment of special assessors 85 
 
 Assessment of state lands governed by public lands law 87 
 
 Assessment not to be reviewed otherwise than prescribed by char- 
 ter 90 
 
 Board of assessors 81 
 
 Deeds to be delivered to assessors before recording 88 
 
 EfTect of local assessment 86 
 
 Election of assessors 30 
 
 Estimate of money for payment of 39 
 
 Expense of public improvements to be reported to assessors by 
 
 comptroller 69 
 
 Expense of repairing and cleaning sidewalks to be filed with 
 
 assessors 103 
 
 Insertion of taxes in ainnial tax rolls and delivery of same to treas- 
 urer 84 
 
 Lien of taxes and assessments 87 
 
 Maps of subdivisions to be filed with assessors 88 
 
 Maps for assessors to be prepared by city engineer 110 
 
 Notice to hear allegations on local assessment rolls 85 
 
 Power of board of estimate and apportionment to cancel or remit 
 
 taxes and assessments 41 
 
 Powers of board of assessors 81 
 
 Preparation of assessment roll for local improvements 84 
 
 Preparation of county tax rolls 90 
 
 Procedure to review local assessments ■ 89 
 
 Statement for water frontage tax to be delivered to assessors. . . . 108
 
 213 
 
 ASSESSMENT AND TAXATION, DEPARTMENT OF :— Continued 
 
 Taxes and assessments validated 88 
 
 Terai of office of assessors 31 
 
 Subordinates of board of assessors 81 
 
 Unpaid water rates to be reported to assessors lOS 
 
 Verification of local assessment rolls 86 
 
 AMien action may be maintained to recover money paid upon 
 
 local assessment 90 
 
 Vacancy in office of assessor 35 
 
 ASSESSORS: 
 
 Appointment of special 85 
 
 Election of 30 
 
 Powers and duties of 80 
 
 Term of office 31 
 
 ^^acancy in office of 35 
 
 ATTACHMENT: 
 
 In actions in municipal court 170 
 
 AUCTION: 
 
 Of city real estate. 49 
 
 Of franchises 48 
 
 AUCTIONEERS: 
 
 Power of common council to regulate 46 
 
 AUDIT: 
 
 Hearing upon appeal from 41 
 
 Of claims 67 
 
 BALANCES: 
 
 Unexpended, to be placed in sinking fund 40.70 
 
 BANKS: 
 
 Board of e.stimate to designate, for deposit of city moneys 74 
 
 City depositories to report monthly to comptroller 74 
 
 Excepted from prohibition against officers being interested in con- 
 tracts 34 
 
 BASTARDY PROCEEDINGS: 
 
 Jurisdiction of inuiiicipal coiu't 174 
 
 BID: 
 
 For work and supplies 95-100 
 
 For work and supplies to bo let by board of education 136.137 
 
 For work and supplies to be let by park commission 112 
 
 BILL OF PARTICULARS: 
 
 In municipal court 172 
 
 BOARD: 
 
 Definition of 19-1 
 
 BOARD OF CONTRACT AND SUPPLY: 94 
 
 See Coxtr.vct axd Supply, Boakd of.
 
 214 
 
 BOARD OF EDUCATION: 133 
 
 Sek VvniAC Instruction, ])epaktmei\t of. 
 
 BOARD OF ESTIMATE AND APPORTIONMENT: 38 
 
 Sek Kstimatk and ArrouTioNMENT, Board of. 
 
 BOARD OF HEALTH: 
 
 Commissioner of public safety has powers of 127 
 
 Power of. to adopt ordinances conferred on common council 127 
 
 BOARD OF EXAMINERS OF STATIONARY ENGINEERS: 189 
 
 See Stationary Engineers, Board of Examiners of 
 
 BOARD OF MIDWIFE EXAMINERS: 188 
 
 See Midwife Examiners, Board of. 
 
 BOND: 
 
 City not required to give, in action or proceeding 191 
 
 City, power of comptroller to invest in 70 
 
 Contract and labor 98 
 
 Form and audit of claim for 67 
 
 Guaranteeing public work 98 
 
 Hemlock lake watershed, payment of 72 
 
 High school, pajTnent of 72 
 
 Indemnifying city for encroachment upon street 50 
 
 May be required to be submitted with bid for public work 96 
 
 Of city, authority of common council to issue 50 
 
 Of officials 31 
 
 Parks, payment of 72 
 
 Payment of 71 
 
 Payment of, for local improvements 73 
 
 Power of common council to require indemnification of city 46 
 
 Public market, payment of 72 
 
 School 51 
 
 School, payment of 72 
 
 To be given by city upon taking pos.session of property during con- 
 demnation proceedings 158 
 
 Water distributing, payment of 71 
 
 Water works, payment of 71 
 
 BOUNDARIES: 
 
 Of city 2 
 
 Of wards 2-29 
 
 BRIDGES: 
 
 Power c^f coimnissioner of public works over 102 
 
 Power of common council to require construction and repair of . . . 57 
 
 BRIGHTON: 
 
 Children of di.strict No. 2 of. may be permittedjto'attend public 
 
 .school No. 1 135 
 
 BUILDINGS: 
 
 Emergency repairs to scliool buildings 137 
 
 Inspection of public 128
 
 215 
 
 BUILDINGS :— Continued 
 
 Municipal, city engineer is superintendent of 110 
 
 Municipal, emergency repairs to 100 
 
 Municipal, power of commissioner of public works over 102 
 
 Public, power of common council as to construction of 56 
 
 School, under control of board of education 133 
 
 Used for police, fire and health bureaus and bureau of buildings, 
 
 under control of commissioner of public safety 114 
 
 Plans for, power of common council to provide for approval of . . 46 
 
 Power of common council to regulate construction and repair of . . . 4G 
 
 BUILDINGS, BUREAU OF: 
 
 Appointment of fire marshal 114 
 
 Appointment of subordinates of fire marshal 130 
 
 Estimate of money for 39 
 
 Powers and duties of fire marshal 130 
 
 Powers of fire marshal may be delegated 130 
 
 Under control of commissioner of public safety 114 
 
 BUREAU: 
 
 Annual appropriation for 40,55 
 
 Appropriation for, must not be exceeded or used for any other 
 
 purpose 33,67,74 
 
 Emergency fund for 40 
 
 Estimate for annual appropriation for 39 
 
 Estimate of amount required for expenditures 34 
 
 Fire 115 
 
 Health 126 
 
 Of buildings 130 
 
 Of weights and measures 109 
 
 Police 115 
 
 Water works 105 
 
 CANADICE LAKE: 
 
 Interference with water of 107 
 
 Power of city over 106 
 
 CELLARS: 
 
 Beneath sidewalks of streets 50 
 
 Ordinance for construction of 50 
 
 CEMETERY: 
 
 Mount Hope 183 
 
 CHARGES: 
 
 Against aldermen 45 
 
 Against city officials 34 
 
 Against health officer and subordinates 127 
 
 Against officers and employees of board of education 142 
 
 Against policemen and firemen 1 16
 
 21<i 
 
 CHARITIES, DEPARTMENT OF: 131 
 
 Ai)j)()intiiieiit of coiiiniis.sioiH'r of 30 
 
 ( .'ertifirates to maintain sick persons at institutions 131 
 
 Children not to be })oun(l except by order of court or magistrate. 132 
 
 City the owner of su[)plies 132 
 
 Commissioner maj" direct city pliysiciaii and deputy heaitli officer 
 
 to attend indigent sick 129 
 
 Commissioner of charities 131 
 
 Deputy commissioner of cliaritics 131 
 
 Estimate of money for 39 
 
 Liability of city limited 132 
 
 Overseer of the poor 131 
 
 Powers and duties of commissioner 131 
 
 Powers and duties of overseer of the jKior 131 
 
 Power to administer oath 132 
 
 CHILDREN: 
 
 ( 'hildren's court 162 
 
 Not to be bound except by order of court or magistrate 132 
 
 CITY: 
 
 Boundaries and wards of 2 
 
 Corporate capacity and name of I 
 
 Corporate powers of 1 
 
 City elections 35 
 
 Inhabitants of, not incompetent upon trials and proceedings in 
 
 which city is interested 191 
 
 No security required by, in action or proceeding 191 
 
 Seal of 1 
 
 Seal of, in custody of city clerk 44 
 
 CITY ENGINEER: 
 
 Ai>pnintnient of 30 
 
 Member of board of esitmate and apportionment 38 
 
 Member of board of contract and supply 95 
 
 Powers and duties of 109 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 SkK E>"GINEKKING, DlsrAHTMEXT OK 
 
 CITY PHYSICIANS: 12& 
 
 CITY SEAL: 
 
 City clerk has custody of 44 
 
 Power to adopt 1 
 
 To be affixed to deeds and contracts 37 
 
 To be affixed to mayor's warrant for collection of taxes 84 
 
 CITY SEALER: 109 
 
 Sek \\'ki(;hts Axn .MKA.srRE.s, Bureau of 
 
 CITY TREASURER: 
 
 Election of 30 
 
 Powers and duties of 73
 
 217 
 
 CITY TREASURER: C'uiitimuMl 
 
 Qualifications of . liu 
 
 Salary of 32 
 
 Temporary member of boaril of estimate. . . 38 
 
 Term of office 31 
 
 Vacancy in office of 35 
 
 See Treasurer. 
 
 CIVIL SERVICE COMMISSION, MUNICIPAL: 190 
 
 Estimate of money for 31) 
 
 Powers and duties of 190 
 
 Secretary 1 90 
 
 Subordinates 190 
 
 CIVIL SERVICE: 
 
 p]niployees holdino; positions under, continued in po.sitions 192 
 
 CLAIM : 
 
 Against city must be audited 67 
 
 Appeal from audit of 08 
 
 Audit of (17 
 
 For damages for injurj' to person or property 192 
 
 Form of 67 
 
 For taxes upon city property 69 
 
 Hearing upon appeal from audit of 41 
 
 May be compromised by corporation coun.sel 148 
 
 Presentation of, for damages caused by change in grade or discon- 
 tinuance of streets 62 
 
 To moneys awarded in condemnation proceedings 158 
 
 When audited, to he filed in office of treasurer 68 
 
 CLERK, CITY: 44 
 
 Acts as secretarj- of board of estimate and apportionment 38 
 
 Delivery of local assessment rolls to common council by 60 
 
 Deputy 44 
 
 Duties of 44 
 
 Report of connnissioners in condemnation proceedings to be filed 
 
 with 157 
 
 To appoint subordinates 44 
 
 To deliver local assessment rolls after confirmation to city treas- 
 urer 60 
 
 To engross ordinances 63 
 
 To execute deeds of Mount Hope cemetery lots and record same. 185 
 
 To have custody of city seal 44 
 
 To record ordinances 64 
 
 CODE OF CIVIL PROCEDURE: 
 
 Certain jjrovisions of. applicable to municipal court 183 
 
 Reference to. how construed 194 
 
 CODE OF CRIMINAL PROCEDURE: 
 
 Reference to, Ikiw construed 194
 
 218 
 
 COLLECTOR OF TAXES, 
 
 Appointment of 76 
 
 County 92,93,94 
 
 Fees of, to he added to local assessment ... 80 
 
 Notice of sale by 77 
 
 Sales by 77 
 
 COMMISSION: 
 
 CondemiuUion i)roceediugs 154 
 
 Definition of '. 194 
 
 Issued out of munieipal eourt 173 
 
 Market 187 
 
 Mount Hope 183 
 
 Munieipal eivil service 190 
 
 I'ark Ill 
 
 COMMISSIONER OF CHARITIES: 
 
 Apj)uintinent of 30 
 
 Powers and duties of 131 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 Ske Charities, Department of. 
 
 COMMISSIONERS OF DEEDS: 
 
 Appointment of 30 
 
 Excepted from prohibition against holding more than two 
 
 offices 34 
 
 Excepted from prohibition against officers being interested in 
 
 contracts with city 34 
 
 Term of office of 31 
 
 COMMISSIONERS OF MARKETS: 
 
 Appointment of 30 
 
 Powers and duties of 187 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 Vacancy in office of 35 
 
 See Market Commissiox. 
 
 COMMISSIONERS OF MOUNT HOPE: 
 
 Appointment of . 30 
 
 Powers and duties of 183 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 Vacancy in office of 35 
 
 See Mouxt IIorE Commission. 
 
 COMMISSIONERS OF PARKS: 
 
 Appointment of 30 
 
 Powers and duties of 110 
 
 Qualifications of 30 
 
 Term of office of ' 31 
 
 Vacancy in office of 35 
 
 See Parks, Depart.ment of.
 
 219 
 
 COMMISSIONER OF PUBLIC SAFETY: 
 
 Appointment of 30 
 
 Powers and duties of 113 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 See Public Safety, Department of. 
 
 COMMISSIONER OF PUBLIC WORKS: 
 
 Appointment of 30 
 
 Member of board of contract and supply 95 
 
 Powers and duties of 101 
 
 Qualifications of 30 
 
 Term of office of , 31 
 
 See Public Works, Department of. 
 
 COMMISSIONERS OF SCHOOLS: 
 
 Election of 30 
 
 Powers and duties of 133 
 
 Term of office of 31 
 
 Qualifications of 30 
 
 Salary of 32 
 
 Vacancy in office of 35 
 
 See Public Instruction, Department of. 
 
 COMMON COUNCIL: 42 
 
 Adoption of annual estimate by 55 
 
 >\mendment of ordinance by '>2 
 
 Annual communication of mayor to 37 
 
 Annual appropriations -10 
 
 Annual estimate to be submitted to -10 
 
 Appointments by -15 
 
 Board of education to submit annual report to 13H 
 
 Claim for damages must be presented to 193 
 
 Claims compromised to be reported to 148 
 
 aerk of 44 
 
 Confirmation of report of commissioners in condemnation pro- 
 ceedings 157 
 
 Duties of clerk of 44 
 
 Election of president pro tempore of 44 
 
 Estimate of money for 39 
 
 Expulsion of members of 45 
 
 Final ordinance for improvement by 5S 
 
 First ortlinance for improvement by 57 
 
 Has power conferred on boards of health to adopt ordinances 127 
 
 Hearing of allegations on improvements by 5S 
 
 Judge pf the election and "qualifications of its members 45 
 
 Legislative acts'must be by 'ordinance 62 
 
 Legislative power of 46 
 
 May require comptroller to render report of funds and financial 
 
 condition of the city 67 
 
 Meeting for confirming annual tax rolls and l('\'ving taxes oo
 
 220 
 
 COMMON COUNCIL: ( ..utinii. ,| 
 
 Meetings of 44 
 
 Members of 43 
 
 Minutes to be printed and bound 45 
 
 Minutes to be printed and distributed 45 
 
 Mode of appropriating money 53 
 
 Monthly report of market commissioners to be presented to 187 
 
 Must publish notice of improvement 58 
 
 Must re-advertise when first ordinance for improvement is 
 
 amended 58 
 
 Must specify material for pavement for which petitions have been 
 
 presented 58 
 
 Ordinance authorizing encroachment upon streets 50 
 
 Ordinance granting franchise 48 
 
 Ordinance as to executive functions 54 
 
 Ordinances and proceedings of, to be published 45 
 
 Ordinance for east side trunk sewer assessment 59 
 
 Ordinance for sale of real estate 49 
 
 Organization of 43 
 
 Passage of ordinance by 02 
 
 Petition specifying material for pavement to be presented to ... . 58 
 
 Power as to construction of public buildings and works 56 
 
 Power in relation to weights and measures and duties of city 
 
 sealer 109 
 
 Power to alter names and grades and discontinue streets 62 
 
 Power to authorize acquisition of real estate 48 
 
 Power to authorize compensation of firemen and policemen for 
 
 loss and injury 116 
 
 Power to authorize extension of water mains beyond city limits. . 107 
 
 Power to authorize issuance of bonds and notes 50 
 
 Power to authorize lease of real estate 49 
 
 Power to authorize licenses 55 
 
 Power to authorize sale of personal property 50 
 
 Power to authorize sale of real estate 49 
 
 Power to change police and fire force 115 
 
 Power to compel attendance of witnesses 53 
 
 Power to correct errors in taxes and assessments, and re-assess 
 
 the same 61 
 
 Power to direct apportionment of expense of public improve- 
 ments 57 
 
 Power to direct city engineer to perform engineering services for 
 
 certain departments 110 
 
 Powerto direct corporation counsel to commence action or pro- 
 ceeding 147 
 
 Power to direct duties of board of examiners of .^tationarj- engi- 
 neers 189 
 
 Power to direct sale of school property 142 
 
 Power to determine it to be impracticable to procure work or 
 
 materials by contract 95 
 
 Power to establish playgrounds 134
 
 221 
 
 COMMON COUNCIL:— Continued 
 
 Power to grade police and fire force 35 
 
 Power to grant franchise for distribution of water 108 
 
 Power to grant franchises 47 
 
 Power to incur expense restricted i 65 
 
 Power to inspect books, accounts and papers of board of educa- 
 tion 138 
 
 Power to investigate departments and officers 53 
 
 Power to issue bonds for board of education 51 
 
 Power to issue subpoenas 53 
 
 Power to order condemnation of property for school purposes. ... 49 
 
 Power to pass ordinances after disapproval by mayor 63 
 
 Power to pass penal ordinances 54 
 
 Power to provide for the guarantee of a public improvement .... 57,98 
 
 Power to regulate duties of officers 53 
 
 Power to regulate letting of contracts by board of contract and 
 
 supply 95 
 
 Power to regulate office hours and location of offices 53 
 
 Power to require improvements 57 
 
 Power to require official undertaking 31 
 
 Power to set aside local asse.ssments 61 
 
 President of 30 
 
 President of, acting mayor 36 
 
 President of, becomes mayor in case of vacancy 35 
 
 President of, member of board of estimate and a{)portionment. ... 38 
 
 President of, may vote in case of a tie 43 
 
 President pro tempore becomes president in case of vacancy 35 
 
 Powers of -iS 
 
 Powers and duties of president of 43 
 
 Publication of penal ordinances of 54 
 
 Quorum of ^^ 
 
 Report of commissioners in condemnation proceedings to be made 
 
 to 157 
 
 Report of comptroller of condition of police and fire pension funds. 
 
 to be presented to ~0 
 
 Requirements for passage of final ordinance for improveniont. ... 59 
 
 Rules of ■15 
 
 Salary of president of 32 
 
 Special meetings of -14 
 
 To confirm annual tax rolls 56 
 
 To confirm local assessment rolls '"''^ 
 
 To designate kind of pavement upon faihire of i)roperty owners 
 
 to do so 9 ' 
 
 To designate official papers 'I-* 
 
 To determine qualifications of examiners of stationary engineers. 30 
 
 To fill vacancy in office of supervisor 35 
 
 To fill vacancy in office of alderman 35 
 
 To levy annual taxes •'f"> 
 
 To levy water frontage tax •''• 
 
 To specify numl)er of annual installments in wliich a.'sses.sment is 
 
 payal)le •''*
 
 222 
 
 COMMON COUNCIL :— t'ontinued 
 
 Vacancy in oflfice of alderman 35 
 
 Vacancy in office of president of 35 
 
 When mayor may call special meeting oi 37 
 
 COMPENSATION: 
 
 Additional, not to be paid 33 
 
 Additional, paid to or received by officer belongs to city 33 
 
 Of employees to be fixed by board of estimate and apportion- 
 ment 40 
 
 Of engineering experts HO 
 
 Of health experts 127 
 
 Of policemen and firemen for loss or injur}' 116 
 
 Of special counsel 148 
 
 Power of park comniission to fix Ill 
 
 Of persons appointed by mayor to examine liooks and accounts. . 37 
 
 Power of board of education to fix 135 
 
 Power of Mount Hope commission to fix 183 
 
 COMPLAINT: 
 
 Against officer to be examined into bj' mayor 37 
 
 In municipal court 170 
 
 COMPTROLLER: 
 
 Appointment of deputy 66 
 
 Books of treasurer to be exhibited to 74 
 
 Duties of 66 
 
 Election of 30 
 
 Estimate of money for 39 
 
 Has direction and management of Mount Hope funds 69 
 
 Has direction and management of police and fire pension funds. . 70 
 
 Has investment and management of sinking fund 70 
 
 Has investment and management of teachers ' retirement fund . . 70 
 
 Hearing upon appeal from audit of 41 
 
 Member of board of estimate and apport ionment 38 
 
 Member of board of contract and supply 95 
 
 Powers and duties of 66 
 
 Power of, to examine books of all departments 73 
 
 Qualifications of 30 
 
 Salary of 32 
 
 Term of office of 31 
 
 To ascertain cost of improvements 69 
 
 To audit claims against city 67 
 
 To countersign checks for payment of money 74 
 
 To examine books of treasurer 73 
 
 To keep accounts with treasurer 73 
 
 To prepare annual financial statement 67 
 
 To report condition of police and fire pension funds to common 
 
 council 70 
 
 Vacancy in office of 35
 
 223 
 
 CONDEMNATION PROCEEDINGS: 153 
 
 Appeal from award 158 
 
 Application for' appointment of commissioners 154 
 
 Appointment of commissioners 155 
 
 Award to non-resident owners 159 
 
 Award to unknown owners 159 
 
 City may acquire any property in 1,107,160 
 
 Compensation of commissioners 157 
 
 Confirmation of report 157 
 
 Costs 159 
 
 Damages for change of grade or discontinuance of street, to be 
 
 determined in 62 
 
 Filing of map preliminary to 153 
 
 Conflicting claims • 158 
 
 For real estate for general city purposes 48 
 
 For real estate for school purposes 49 
 
 Hearing before commissioners 156 
 
 Not affected by subsequent transfers 156 
 
 Oath of commissioners 156 
 
 Possession of property and giving of security 158 
 
 Power of court on appeal 158 
 
 Procedure to assess damages for discontinuance or change of 
 
 grade of street 159 
 
 Real property for water works to be acquired by 107 
 
 Report of commissioners 157 
 
 Taxes to be deducted from award 159 
 
 When title vests in city '. 159 
 
 CONSTABLE: 
 
 Election of '. 30 
 
 Excepted from prohibition against holding more than one office. . 34 
 
 Powers and duties of 182 
 
 Term of office of 31 
 
 Qualifications of 30 
 
 Vacancy in office of 35 
 
 CONSTRUCTION OF CHARTER: 193,194 
 
 CONTEMPT: 
 
 Power of muncipal court to punish for 180 
 
 CONTRACT AND SUPPLY, BOARD OF: 94 
 
 Contract and labor bonds 98 
 
 Contracts exceeding one year 99 
 
 Designation of kind of i avement 97 
 
 Duties of 95 
 
 Estimate of money for 39 
 
 May let certain contracts to other than lowest bidder 96 
 
 Members of 95 
 
 Opening of bids 96 
 
 Proposals 96 
 
 Purchase of supplies and materials under $250 99
 
 224 
 
 CONTRACT AND SUPPLY, BOARD OF :— Continued 
 
 SccTotary 99 
 
 Subordinates of 95 
 
 To desiirnate kind of jKiveinont on failure to do so 98 
 
 CONTRACTS: 
 
 Annual, for supplies and materials 100 
 
 By board of education for work and supplies 136 
 
 City, bond to be delivered with 98 
 
 City, commissioner of public works has general control of 102 
 
 City, exceeding one year 99 
 
 City, how let '95 
 
 City, may not be let to person in defavilt 97 
 
 City, must be approved by corporation counsel 147 
 
 City, not to exceed estimate 98 
 
 Determination that it is impracticable to procure work or mate- 
 rials by 95 
 
 Emergency repairs 100 
 
 Execution of 37 
 
 For capture and impoundage of unlicensed dogs 47 
 
 For work and supplies let by board of education 136 
 
 For work and supplies let by park commission 112 
 
 For construction of school buildings exceeding one year 137 
 
 For expenditure of money in excess of appropriation, void 33 
 
 For expenditure of money in excess of appropriation, prohibited . 32 
 
 Moneys due on at end of year, to be retained to apply thereon. . . 71 
 
 Not to exceed estimate 98 
 
 Of Mount Hope commission for expenditure of money in excess 
 
 of revenues, void 184 
 
 Ordering of work under $250 100 
 
 Power of city to make 1 
 
 With city in which officers and employees are interested, void .... 34 
 
 With city, officers and employees not to be interested in 33 
 
 CORPORATE CAPACITY: 1 
 
 CORPORATE NAME: 1 
 
 CORPORATE POWERS: 1 
 
 CORPORATION COUNSEL: 146 
 
 Appointment of 30 
 
 Excepted from prohibition against receiving additional fees 33 
 
 Member of board of contract and supply 95 
 
 Member of board of estimate and apportionment 38 
 
 Powers and duties of 146 
 
 Qualifications of 30 
 
 Term of office of 31 
 
 See Law, Department of. 
 
 COSTS: 
 
 Condemnation proceedings 160 
 
 Corporation counsel entitled to 147 
 
 Foreclosure of tax liens 150 
 
 Mimicipal court 176
 
 225 
 
 COURT: 
 
 Municipal 166 
 
 Police 160 
 
 COUNSEL: 
 
 Corporation 146 
 
 Employment of special 148 
 
 COUNTY TAXES: 90-94 
 
 DAMAGES: 
 
 Caused by snow or iee, city not liable without previous notice. . . 103 
 Claim for, caused by change of grade or discontinuance of street, 
 
 must be presented 62 
 
 For discontinuance or change of grade of street, how determined 159 
 
 For injuries to person or property, claim must be presented 192 
 
 DEEDS: 
 
 Execution of 37 
 
 Of Mount Hope cemetery lots 185 
 
 To be delivered to assessors before recording 88 
 
 DEFAULT: 
 
 Proceedings on, in municipal court 179 
 
 Opening of, by municipal court 179 
 
 DEFINITION OF WORDS: 193 
 
 DEMURRER: 
 
 In mvuiicipal court 171 
 
 DEPARTMENT: 
 
 Annual appropriation for 40,55 
 
 Annual report of 34 
 
 Appropriation for, nuist not be exceeded 32,67,72 
 
 Emergency fund for. . 40 
 
 Estimate of amount required for expenditure 34 
 
 Estimate of moneys for 38 
 
 Head of, may authorize expenditure of money 32 
 
 DEPARTMENT OF ASSESSMENT AND TAXATION: 80 
 
 See Assessment and Taxation, Department ok- 
 
 DEPARTMENT OF CHARITIES: 131 
 
 See Charities, Department of. 
 
 DEPARTMENT OF FINANCE: 66 
 
 See Comptroller; Tkeasim{er. 
 
 DEPARTMENT OF ENGINEERING: 109 
 
 See Engineering, Department of. 
 
 DEPARTMENT OF LAW: 145 
 
 See Law, Department of. 
 
 DEPARTMENT OF PARKS: 110 
 
 See Parks, Department of.
 
 226 
 
 DEPARTMENT OF PUBLIC INSTRUCTION: 132 
 
 See Public Instruction, Department ok. 
 
 DEPARTMENT OF PUBLIC SAFETY: 112 
 
 See Public Safety, UKrAUTMENT of. 
 
 DEPARTMENT OF PUBLIC WORKS: 101 
 
 See Public Works, Uepart.ment of 
 
 DESIGNATION: 
 
 Of banks for deposit of moneys 74 
 
 Of duties by mayor -. 54 
 
 Of official papers 44 
 
 DOGS: 
 
 Provisions of general act relating to, not to apply to city 195 
 
 Power of common council to provide for licensing of 46 
 
 EAST SIDE TRUNK SEWER: 
 
 Assessment for 5 
 
 EDUCATION, BOARD OF: 133 
 
 See Public Instruction, Department of. 
 
 ELECTIONS: 36 
 
 EMERGENCY FUND: 40 
 
 EMERGENCY REPAIRS: 
 
 Generally 100 
 
 To school buildings 137 
 
 EMINENT DOMAIN: 
 
 Acquisition of real estate by 153 
 
 See Condemnation Proceedings. 
 
 EMPLOYEES: 
 
 Compensation of, fixed by board of estimate and apportionment . . 40 
 
 Holding positions under civil service, continued 192 
 
 Not to be interested in contracts with city 33 
 
 Of board of education, compensation of 135 
 
 Of Mount Hope commission, compensation of 183 
 
 Of park commission, compensation of Ill 
 
 EMPLOYMENT AGENCIES: 
 
 Power of common council to regulate 46 
 
 Provisions of general act relating to, not to apply to city 195 
 
 ENCROACHMENTS: 
 
 May be removed by commissioner of public works 104 
 
 U pon streets 50 
 
 ENGINEERING, DEPARTMENT OF: 109 
 
 Appointment of city engineer 30 
 
 Appointment of experts 110 
 
 Citj' engineer may be directed by common council to perform engi- 
 neering services for certain departments 110 
 
 City_engineer, member of board of contract and supply 95
 
 227 
 
 ENGINEERING, DEPARTMENT OF :— Continued 
 
 City engineer member of board of estimate and apportionment . 38 
 
 City engineer member of market commission 187 
 
 Deputy city engineer 109 
 
 Estimate of money for 39 
 
 Powers and duties of city engineer 109 
 
 Qualifications of city engineer 30 
 
 Term of office of city engineer 31 
 
 ESTATE: 
 
 Not to be settled until taxes are paid 153 
 
 ESTIMATE: 
 
 Adoption of annual, by common council 55 
 
 Annual, to be made by board of estimate and apportionment. ... 38 
 
 Of cost of local improvement 57 
 
 Of moneys required for expenditures 34 
 
 ESTIMATE AND APPORTIONMENT, BOARD OF: 38 
 
 Approval of apportionment of expense for public improvements 57 
 Approval of determination that it is impracticable to procure 
 
 work or materials by contract 95 
 
 Board of education to report number of pupils registered 136 
 
 City clerk acts as secretary of 38 
 
 Estimate of money for 39 
 
 Journal of 38 
 
 May create emergency fund 40 
 
 Meetings of 38 
 
 Members of 38 
 
 Must approve increase in fire and police force 53 
 
 Not permitted to expend money in excess of appropriations 32 
 
 Power to authorize expenditure of money 32 
 
 Power to cancel or remit taxes 41 
 
 Power to designate subordinates of mayor 36 
 
 To apply money received otherwise than by tax 40 
 
 To approve amount of damages for change of grade or discontin- 
 uance of street 62 
 
 To approve compromise of claims 148 
 
 To approve investment of police and fire pension funds 70 
 
 To approve investment of sinking funds 70 
 
 To approve price of real estate 48 
 
 To approve price upon sale of real estate 49 
 
 To approve price upon sale of personal property 50 
 
 To approve water rates 105 
 
 To designate banks for deposit of city moneys 74 
 
 To determine when peril to public health is deemed to exist 130 
 
 To fix compensation of commissioners in condemnation proceed- 
 ings 1^' 
 
 To fix compensation of counsel , 148 
 
 To fix compensation of experts appointed by health olficer 127 
 
 To fix compensation of experts employed by city engineer 110
 
 228 
 
 ESTIMATE AND APPORTIONMENT, BOARD OF : -Continued 
 
 To fix compensation of persons appointed l)y mayor to examine 
 
 books and accounts 37 
 
 To fix salaries 40 
 
 To hear appeals from audits of comptroller 41 
 
 To make annual estimate 38 
 
 To prescribe subordinates of assessors 81 
 
 To prescribe subordinates of board of contract and supply 95 
 
 To prescribe subordinates of city clerk 44 
 
 To prescribe subordinates of city engineer 109 
 
 To prescribe subordinates of city sealer ; 109 
 
 To prescribe subordinates of clerk of mimcipal court 181 
 
 To prescribe subordinates of clerk of police court 165 
 
 To prescribe subordinates of commissioner of charities 131 
 
 To prescribe subordinates of commissioner of public safety 114 
 
 To prescribe subordinates of commissioner of public works 102 
 
 To prescribe subordinates of comptroller 66 
 
 To prescribe subordinates of corporation counsel 146 
 
 To prescribe subordinates of fire marshal 130 
 
 To prescribe subordinates of health officer 126 
 
 To prescribe subordinates of market commission 187 
 
 To prescribe subordinates of mayor 36 
 
 To prescribe subordinates of municipal civil service commission. . 190 
 
 To prescribe subordinates of superintendent of water works 105 
 
 To prescribe subordinates of treasurer 73 
 
 To submit annual estimate to common council 40 
 
 EVIDENCE: 
 
 Of ordinances and proceedings of common council 64 
 
 Proceedings of board of education as 137 
 
 When property to be held as 166 
 
 EXAMINATION: 
 
 Of books and accounts by mayor 37 
 
 Of complaints against Oihcers by mayor 37 
 
 Of departments, bureaus, etc., by common council 53 
 
 EXAMINERS OF STATIONARY ENGINEERS, BOARD OF: 189 
 
 See ST.vriox.\RY Engineers Board of Examiners of. 
 
 EXAMINING BOARD OF PLUMBERS: 
 
 See §40, General Cities Law, Laws 1900, Chap. 327 
 
 EXCAVATION : 
 
 Of streets, power of common council to regulate 47 
 
 EXECUTION: 
 
 May not issue against city 148 
 
 Mount Hope cemetery property exempt 186 
 
 Pensions of policemen and firemen exempt 123.126 
 
 EXECUTIVE POWER: 
 
 Of mayor 36 
 
 Required by ordinance, by whom performetl 55
 
 229 
 
 EXPENDITURES: 
 
 Annual estimate of 38 
 
 Estimate of amount required 34 
 
 In excess of appropriation prohibited 32 
 
 Of Mount Hope commission not to exceed revenues 184 
 
 Park commission subject to prohibition against exceeding appro- 
 priation 112 
 
 Power to authorize 32 
 
 Power of common council to make, restricted 65 
 
 Whencommissioner of public safety may exceed appropriation 126 
 
 EXPENSE: 
 
 of punishing offenders against state law 166 
 
 EXPERTS: 
 
 Appointment of, by city engineer 110 
 
 Appointment of, by health officer 127 
 
 FARM PRODUCTS: 
 
 Power of common council to regulate selling of 46 
 
 FEES: 
 
 Additional, not to be paid 33 
 
 Additional, paid to or received by officer belong to city 33 
 
 For attendance of jurors in municipal court 175 
 
 In municipal court 182 
 
 Of constables 183 
 
 Definition of 193 
 
 FINANCE, DEPARTMENT OF: . 65 
 
 See Compti{(jllei; ; Treasurer. 
 
 FINANCIAL STATEMENT: 
 
 To bo prepared aDniially l)y comptroller 67 
 
 FINANCIAL INSTITUTIONS: 
 
 Excepted from prohibition against officers and employees of city 
 
 being interested in contracts with 34 
 
 FIRE BUREAU: 116 
 
 Appointment of chief of fire force 114 
 
 Appointment of firemen 116 
 
 Charges and trials of firemen 116 
 
 Compensation for loss and injury 116 
 
 Estimate of money for 39 
 
 Exemption from military and jury duty 117 
 
 Fire force to remain as constituted 115 
 
 Fire pension fimd 123 
 
 Powers and duties of chief of fire force 115 
 
 Increase and grading of fire force by common council 53 
 
 Powers of fire marshal may be delegated to fireman 130 
 
 Qualifications of firemen 116 
 
 Rules for fire force 115 
 
 Tenure of office of firemen 116 
 
 Under control of commissioner of public safety 114
 
 230 
 
 FIRE MARSHAL: 
 
 Appointment of 114 
 
 Powers and duties of 130 
 
 Qualifications of 30 
 
 FIRE PENSION FUND: 123 
 
 Comptroller has direction and management of 70 
 
 Payments from 74 
 
 Treasurer is custodian of 74 
 
 FISCAL YEAR: 66 
 
 FORECLOSURE OF TAX LIENS: 
 
 Procedure 149,150 
 
 Time to attack sale under, limited to one year 153 
 
 To collect taxes heretofore levied 152 
 
 See Law, Department of; Tax. 
 
 FRANCHISE: 
 
 No person or corporation to distribute water without 108 
 
 Power of common council to grant, for distribution of water 108 
 
 Grant of 48 
 
 Heretofore granted subject to provisions of this act 48 
 
 Length of 48 
 
 Not exercised, repealed . ' 47 
 
 Power of common council to grant 47 
 
 Sale of 48 
 
 GENESEE RIVER: 
 
 Power of common council to require construction and repair of 
 
 banks 57 
 
 Power of common council to require removal of dirt and 'rubbish 
 
 therefrom 57 
 
 GUARANTEE BOND: 98 
 
 HAY: 
 
 Power of common council to regulate selling of 46 
 
 HEALTH BUREAU: 126 
 
 Appeals from orders of health officer 128 
 
 Appointment of deputy health officer 126 
 
 Appointment of experts 127 
 
 Appointment of health officer 114 
 
 Approval of plans for sewers and drains 129 
 
 Charges and trials of health officer and subordinates 127 
 
 Estimate of money for 39 
 
 Health officer member of board of midwife examiners 188 
 
 Inspection of public buildings 129 
 
 Powers and duties of health officer 126 
 
 HEALTH BUREAU:— Continued 
 
 Qualifications of health officer 126 
 
 Under control of commissioner of public safety 114
 
 231 
 
 HEALTH LAW: 
 
 Applicable to city of Rochester 130 
 
 HEMLOCK LAKE: 
 
 Interference with water of 107 
 
 Power of city over 106 
 
 HUCKSTERS: 
 
 Power of common council to regulate 46 
 
 IMMATERIAL VARIANCE: 
 
 To be disregarded in municipal court ^72 
 
 IMPROVEMENT: 
 
 Amendment of first ordinance for 58 
 
 Appointment of special assessors 85 
 
 Apportiomnent of expense of, by common council 57 
 
 Certain contracts for, may be let to other than lowest bidder .... 96 
 
 Contract for, may be let for periods exceeding one year 99 
 
 Contract for, not to exceed estimate 98 
 
 Cost of, to be ascertained by comptroller 69 
 
 Definition of assessment for 194 
 
 Duty of citj' engineer in regard to 110 
 
 Effect of assessment for 86 
 
 Estimate of expense of 57 
 
 Final ordinance for 58 
 
 First ordinance for 57 
 
 Hearing of allegations on roll for 85 
 
 Lien of assessments for 87 
 
 Local improvement fund 73 
 
 Materials for pavement petitioned for must be specified in final 
 
 ordinance for 58 
 
 Notice of 58 
 
 Notice to hear allegations on assessment rolls for 85 
 
 Payment of 73 
 
 Petition for paving 58 
 
 Power of common counoil to correct and re-assess assessment 
 
 therefor 61 
 
 Power of common council to require 57 
 
 Property owners may petition for kind of pavement 97 
 
 Procedure to review assessments for 89 
 
 Requirements for passage of final ordinance for 59 
 
 Roll for local 84 
 
 Specifications for 96 
 
 Sum necessarily expended for, may be assessed 99 
 
 Verification of assessment roll 86 
 
 When action may be maintained to recover money paid upon local 
 
 assessment 90 
 
 See Assessment. 
 
 INDEMNITY: 
 
 Power of common council to require 46 
 
 In case of projections and areaways 50
 
 232 
 
 INJUNCTION: 
 
 To restrain acts contrary to orders of commissioner of public '1 
 
 safety antl to restrain nuisances 129 
 
 To restrain violation of ordinances 64 
 
 INSTRUMENT: 
 
 i'or payment of money set forth in municipal court 171 
 
 INSURRECTION: 
 
 Power of mayor in case of 38 
 
 ISSUE: 
 
 Joinder of, in municipal court 172 
 
 JUDGES OF MUNICIPAL COURT: 
 
 Election of 30 
 
 Powejs and duties 166 
 
 Qualifications of 30 
 
 Salaries of 40 
 
 Term of office of 31 
 
 Vacancy in office of 35 
 
 See Municipal Court. 
 
 JUDGMENT: 
 
 Appeal from by city 147 
 
 By default in municipal court 179 
 
 Confession of, in municipal court 179 
 
 Of foreclosure and sale of tax lien cannot be attacked after one 
 
 year 153 
 
 Of municipal court, appeal from 
 
 See Code- of Civ. Pro. §§3226,3227 
 
 Payment of 148 
 
 Must be rendered by municipal court within ten days 180 
 
 Offer of, in municipal court 178 
 
 Transcript of, by municipal court 180 
 
 JUDICIAL NOTICE: 
 
 Of charter by courts 194 
 
 Of ordinance by municipal court 173 
 
 Of ordinance by police court 162 
 
 JUNKDEALERS: 
 
 Power of common council to regulate 46 
 
 JURISDICTION: 
 
 Of municipal court 167 
 
 Of police court ' 167 
 
 JURY: 
 
 Demand for, in police court 163 
 
 Demand for, in municipal court 175 
 
 Drawing of, in municipal court 176 
 
 Inhabitant may be member of in action in which city is inter- 
 ested 191 
 
 Trial by, in municipal court 176 
 
 Trial by. in police court 163
 
 233 
 
 LAW, DEPARTMENT OF: 145 
 
 Actions and proceedings to collect taxes upon real estate 151 
 
 Actions now pending for foreclosure of tax liens 152 
 
 Actions to recover taxes I49 
 
 Appeals 147 
 
 Application for appointment of commissioners I54 
 
 Appointment of corporation counsel 30 
 
 Appointment of assistant corporation counsel 146 
 
 Appointment of commissioners I55 
 
 Approval of contracts I47 
 
 Award to non-resident owners I59 
 
 Award to unknown owners I59 
 
 Claim for damages must be presented to corporation counsel 193 
 
 Collection of taxes heretofore levied I5I 
 
 Compensation of commissioners I57 
 
 Compromise of claims 148 
 
 Condemnation proceedings not affected by subsecjuent transfers. . . 156 
 
 Confirmation of report I57 
 
 Conflicting claims 158 
 
 Corporation counsel member of board of estimate 38- 
 
 Corporation counsel member of board of contract and supply. ... 95 
 
 Costs and allowances of corporation counsel 33,147 
 
 Costs in condemnation proceedings 160 
 
 Duty to commence actions I47 
 
 Estimate of money for 39 
 
 Employment of counsel 148. 
 
 Filing of map preliminary to condemnation proceedings 154 
 
 Foreclosure of tax liens 150 
 
 Hearing before commissioners 156 
 
 Limitation of right to attack sales under tax foreclosure 153 
 
 Money collected to be paid to treasurer 147 
 
 Notice of foreclosure 149 
 
 Other remedies to collect taxes not affected 151 
 
 Notice of claim for damages must be presented to corporation 
 
 counsel I93 
 
 Notice of intention to commence action must be presented to cor- 
 poration counsel 193 
 
 Oath of commissioners 156 
 
 Payment of judgments 148 
 
 Power of court on appeal 158 
 
 Possession of property and giving of security therefor 158- 
 
 Powers and duties of corporation counsel 146 
 
 Procedure to assess damages for discontinuance or change of 
 
 grade of street 159 
 
 Qualifications of corporation counsel 30 
 
 Report of commissioners 157 
 
 Treasurer to deliver list of unpaid taxes to corporation counsel. . 78- 
 
 Statute of limitations not a defense 153 
 
 Taxes to be deducted from award 159 
 
 Taxes to have preference 152 
 
 When title vests in city 159/
 
 234 
 
 LAWS: 
 
 Certain, not to apply to City of Rochester 194 
 
 Inconsistent, repealed 196 
 
 Reference to, how construed 194 
 
 Schedule of, repealed 196 
 
 LEASE: 
 
 Of market privileges 187 
 
 Of park privileges 112 
 
 Of real estate 49 
 
 LEGISLATIVE POWER: 
 
 Of common council 46 
 
 To be exercised by ordinance 62 
 
 See Commox Council. 
 
 LICENSE 
 
 For encroachment upon street may be revoked 50 
 
 For dogs, power of common council in relation to 46 
 
 For encroachment upon street 50 
 
 Granting and revocation of 55 
 
 Of hacks for use in public parks 112 
 
 Power of board of education to license teachers 134 
 
 Power of common coimcil to provide for granting 46 
 
 MAP: 
 
 Filing of, preliminary to condemnation proceedings 153 
 
 Of subdivisions of lands to be filed with assessors 88 
 
 To be prepared by city engineer 110 
 
 MARKET COMMISSION: 187 
 
 Appointment of commissioners 30 
 
 Estimate of money for 39 
 
 Market privileges 187 
 
 Market revenues 187 
 
 Market sinking fund 72 
 
 Powers and duties of 187 
 
 Qualifications of commissioners 30 
 
 Term of commissioners of 31 
 
 Vacancy in office of commissioners 35 
 
 MAYOR: 36 
 
 Acting 36 
 
 Additional powers and duties of , 38 
 
 Annual communication of; to common council 37 
 
 Approval of certificate as to emergency repairs 100 
 
 Appointment of officers by 30 
 
 Duties of 37 
 
 Election of 30 
 
 Estimate of money for 39 
 
 Executive power of 36 
 
 May administer oaths and take affidavits relating to affairs of 
 
 city 37
 
 235 
 
 MAYOR :— Continued 
 
 May require comptroller to report funds and financial condition 
 
 of city 67 
 
 May sit as member of board of contract and supplj' 95 
 
 Member of board of estimate and apportionment 38 
 
 Power in case of riot or insurrection 38 
 
 Power to appoint special policemen 38 
 
 Power to consult with heads of departments 36 
 
 Power to direct corporation counsel to commence action or pro- 
 ceeding 147 
 
 Power to examine books and accounts^ 37 
 
 Resignations to be presented to 35 
 
 Salary of 31 
 
 Secretary of 36 
 
 Term of office of 31 
 
 To annex warrant to annual tax rolls 84 
 
 To appoint secretary of civil service commission 190 
 
 To approve of appointment of experts by health bureau 127 
 
 To approve or disapprove ordinances 63 
 
 To call meetings of board of estimate and apportiormient 38 
 
 To call special meetings of common council 37 
 
 To consent to employment of counsel 148 
 
 To consent to employment of experts by city engineer 110 
 
 To consent to employment of health experts 127 
 
 To designate officer to perform executive functions not other- 
 wise designated 54 
 
 To examine into complaints against officers 37 
 
 To execute deeds and contracts 37 
 
 To execute deeds of Mount Hope cemetery lots 185 
 
 To fill vacancy in office of assessor 35 
 
 To fill vacancy in office of commissioner of schools 35 
 
 To fill vacancies in other offices 35 
 
 Vacancy in office of 35 
 
 MEMORIAL DAY: 
 
 Estimate of expenditures for 3^ 
 
 Estimate of money for 39 
 
 MIDWIFE EXAMINERS, BOARD OF. 188 
 
 Appointment of examiners 30 
 
 Estimate of money for 39 
 
 Examinations and certificates 188 
 
 License to practice midwifery 188- 
 
 Penalty for practicing midwifery without license 189 
 
 Powers of midwife 18S 
 
 Qualifications of examiners 30 
 
 Revocation of license 189 
 
 Salary^of examiners 32 
 
 Term_of office of examiners 31 
 
 Vacancy in office of examiners 3o
 
 2:^0 
 
 MINUTES OF COMMON COUNCIL: 
 
 To lie [iriiitcil, distributed and bound 45 
 
 MISDEMEANOR: 
 
 Jurisdiction of police court in casi^ of 161 
 
 Officer cxceediiig appropriation is guilty of. . 33 
 
 To interfere witli water works property 107 
 
 To practice midwifery witliout license 189 
 
 To sell lands without filing map of subdivision witli assessors... . 89 
 
 To .sell supplies furnished by department of charities 132 
 
 MONROE COUNTY: 
 
 To pay expenses of punishing offenders against state law 166 
 
 MONROE COUNTY SURROGATE'S COURT: 
 
 Decree of judicial settlement not to l)e made without appearance 
 
 of city, when taxes are due 153 
 
 MONROE COUNTY PENITENTIARY: 
 
 ( lontineineiit in 164 
 
 MOUNT HOPE COMMISSION: 183 
 
 Apjiointment of commissioners 30 
 
 Appointment of superintendent 183 
 
 Board of estimate and appcraonment not to make annual esti- 
 mate for 39 
 
 Comptroller has investment and management of fvmds of 69 
 
 Deeds of Mount Hope cemetery lots 185 
 
 Duties of superintendent and subordinates 184 
 
 Excepted from powers and duties imposed upon commissioner of 
 
 public works 102 
 
 Excepted from provisions relating to city engineer 110 
 
 Mount Hope cemetery exempt from local assessments 85 
 
 Mount Hope property exempt from execution 186 
 
 Not governetl by provisions relating to board of contract and 
 
 supply 100 
 
 Not required to make estimate of expenditures 34 
 
 Perpetual contract fund ' 185 
 
 Powers and duties of 182 
 
 Power to hold lots in trust 186 
 
 Power to order work and purchase supplies 184 
 
 Qualifications of commissioners 30 
 
 Repair fund 185 
 
 Special section fund 186 
 
 Term of office of commissioners 31 
 
 To approve of investment of Mount Hope funds 69 
 
 Unexpended balance of revenues from Mount Hope cemetery not 
 
 to be placed in sinking fund 70 
 
 Vacancy in office of commissioner 35 
 
 MUNICIPAL COURT: 166 
 
 Account or instrument for payment of money 171 
 
 Action to recover taxes upon personal property may be com- 
 menced in 1-19
 
 237 
 
 MUNICIPAL COURT :— Continued 
 
 Adjournment 173 
 
 Amendment to pleadings 172 
 
 Answer 171 
 
 Appeals from judgments of 
 
 See Code of Civ. Pro §§3226,3227 
 
 Arrest, attachment and replevin 170 
 
 Bastardy proceedings 174 
 
 Bill of particulars 172 
 
 Commission 1 73 
 
 Complaint 1 70 
 
 Confession of judgment 179 
 
 Constables 182 
 
 Costs and fees 1 76 
 
 Demand for jurj^ trial 175 
 
 Demurrer 171 
 
 Drawing jury 176 
 
 Election of judges of 30 
 
 Estimate of monej'^ for 39 
 
 Immaterial variance to be disregarded 172 
 
 Joinder of issue 172 
 
 Judgment within ten days 180 
 
 Judges of to act as police justice 162 
 
 Judges, term of office of 31 
 
 Judges to hold court 167 
 
 Judicial notice of ordinances 173 
 
 Jurisdiction of . . 167 
 
 Offer of judgment 178 
 
 Opening default 179 
 
 Payment and account of fees 182 
 
 Pleadings 170 
 
 Power to punish for contempt 180 
 
 Proceedings on default 179 
 
 Process 169 
 
 Provisions of code generally applicable 183 
 
 Qualifications of judges of 30 
 
 Question of title to real property 171 
 
 Salary of judges of ; 40 
 
 Summary proceedings 169 
 
 Term of office of judges 31 
 
 Transcript of judgment 180 
 
 Trial by jury 176 
 
 Vacancy in office of judge. 35 
 
 MUNICIPAL LAW: 
 
 Provisions of, not to apply to city 195 
 
 NAME OF CITY: 1 
 
 NOTES: 
 
 City authority of common council to issue. 50 
 
 City, power of comptroller to invest in 70
 
 238 
 
 NOTES : -ContiiuKMl 
 
 City form and audit of claim for 67 
 
 Payment of, for local improvements; 73 
 
 NUISANCES: 
 
 Actions by city to restrain and abate 129 
 
 OATHS: 
 
 Administered by mayor when relating to affairs of city 37 
 
 Of commissioners in condemnation proceedings 156 
 
 Of officers 31 
 
 Of witnesses in condemnation proceedings 1.56 
 
 To be administered by commissioner of charities and subordi- 
 nates 132 
 
 OBSTRUCTIONS: 
 
 Cit}' not barred by lapse of time from removing 104 
 
 May be removed by commissioner of public works 104 
 
 OFFICERS: 29 
 
 Appointed by board of education 134 
 
 Appointed by Mount Hope commission 183 
 
 Appointed by park commission Ill 
 
 Appointive 30 
 
 Appointment ijy board of education of truant 134 
 
 Appointment by commissioner of public safety of probation 114 
 
 Appointment by police justice of probation 165 
 
 Certificate of appointment of 31 
 
 Charges against 34 
 
 Charges against, and trial of health officer 127 
 
 Charges against, and trials of policemen and firemen 116 
 
 Complaints against, to be examined into by mayor 37 
 
 Duties of, may be regulated by common council 53 
 
 Election of 35 
 
 Elective 30 
 
 Exceeding appropriation is guilty of misdemeanor 33 
 
 Failure to file oath or undertaking vacates office 31 
 
 Heretofore appointed or elected for definite term remain in office 192 
 
 Investigation of; by common council 53 
 
 Location of oflfices of, may be regulated by common council 53 
 
 Must not employ other counsel than corporation counsel 147 
 
 Not to be interested in contracts with city 33 
 
 Not to receive additional fees or compensation 33 
 
 Oath of 31 
 
 Power of board of education to fill vacancies in offices 135 
 
 Prohibited from holding more than one office 34 
 
 Qualifications of 30 
 
 Qualifications of health officer 126 
 
 Qualifications of policemen and firemen 116 
 
 PiCgulation of duties of. by common council 53 
 
 Removal of 34 
 
 Resignation of 35
 
 239 
 
 OFFICERS :— Continued 
 
 Salaries of , to be fixed by board of estimate and apjK)rtionment 40 
 
 Suspension and removal of, by board of education . 142 
 
 Tenure of office of health officer 114 
 
 Tenure of office of chief of police 114 
 
 Tenure of office of policemen and firemen 116 
 
 Terra of 31 
 
 Undertaking of 31 
 
 Vacancy in office 35 
 
 OFFICIAL PAPERS: 
 
 Designation of 44 
 
 Park commssion to publish notice for bids in 112 
 
 Proceedings of board of education to be published in 135 
 
 ORDINANCE: 
 
 Amendment of 62 
 
 Approval or disapproval of; by mayor 63 
 
 As evidence 64 
 
 Engrossment of 63 
 
 For preservation of life and health 127 
 
 Heretofore passed not inconsistent with charter remain in force. . 192 
 
 Injunction to restrain violation of 64 
 
 Judicial notice of, by municipal court 173 
 
 Judicial notice of; by police court 162 
 
 Jurisdiction of police court to try complaints for violations of 161 
 
 Passage of 62 
 
 Penal 54 
 
 Prosecutions for violations of 162 
 
 Record of 64 
 
 To be published 45 
 
 See Common Councfl. 
 
 OVERSEER OF THE POOR: 
 
 Appointment and duties of 131 
 
 PAPERS: 
 
 Designation of official 44 
 
 Park commission to publish notice for bids in 112 
 
 Proceedings of board of education to he pul)lishe(l in oHicial 135 
 
 PARKS, DEPARTMENT OF: 110 
 
 Appointment of commissioners of 30 
 
 Contract made by park commission for work or .su|)pli('s 111.112 
 
 Estimate for 39 
 
 Excepted from powers and fluties inifjosod upon connnis.sioner of 
 
 public works 102 
 
 Excepted from provisions of article in relation to ilt'p.-iitmcnt of 
 
 engineering 110 
 
 License of hacks for use in public parks 112 
 
 Not governed by provisions relating to board of contract and 
 
 supply 1 00
 
 240 
 
 PARKS, DEPARTMENT OF: ( out inn. -i 
 
 I'luk foniiiiissioii ...Ill 
 
 Park sinking fund 72 
 
 Powers and duties of park coniniission Ill 
 
 Power of connnon council to establish small parks as playgrounds 50 
 
 Power to lease 112 
 
 Power to order work and purchase supplies Ill 
 
 Qualifications of commissioners 30 
 
 Streets and roads in parks Ill 
 
 Streets in parks are not public highways Ill 
 
 Superintendent of parks Ill 
 
 Supplies and materials, purchase of by park commission Ill 
 
 Railroads and telephone lines through parks 112 
 
 Term of commissioners of 31 
 
 Vacancy in office of commissioner 35 
 
 PARTICULARS: 
 
 Bill of, in municipal court 172 
 
 PAVEMENT: 
 
 Designation of kind of 97 
 
 Material petitioned for, must be specified in final ordinance 58 
 
 Petition for, by property owners 58 
 
 See Improvement. 
 
 PAWNBROKERS: 
 
 General act relating to, not to apply to city 194 
 
 Power of common council to regulate 46 
 
 PEDDLERS: 
 
 Power of common council to regulate 46 
 
 PENAL ORDINANCES: 
 
 For preservation of life and health 127 
 
 Injunction to restrain violation of 64 
 
 Judicial notice of, by police and municipal courts 162,173 
 
 Jurisdiction of municipal court in action for penalty 168 
 
 Power of common council to pass 54 
 
 Prosecution in police court for violation of 161 
 
 Publication of 54 
 
 See CoiiMox Couxcil; Ordinance. 
 
 PERQUISITES: 
 
 Received l)y officer belong to city 33 
 
 PENSION FUND: 
 
 Fire 123 
 
 Pohce lis 
 
 Teachers' IM- 
 PERSONAL INJURIES: 
 
 City not lial)le for when cau>ed by snow or ice without previous 
 
 notice 103 
 
 Claim and action for 192
 
 241 
 
 PERSONAL PROPERTY: 
 
 liought or sold \)y city officers and employees not to be inter- 
 ested in 34 
 
 City may acquire or accept 1 
 
 Claim and action for damages to 192 
 
 Collection of taxes heretofore levied upon 152 
 
 Collection of taxes upon 149 
 
 Sale of 50 
 
 T^sed for educational purposesunder control of board of education 153 
 
 PHYSICIANS: 
 
 Appointment and duties of city 129 
 
 PIPES: 
 
 Laying of sewer pipes in streets and liighwaj's 104 
 
 Laying of water pipes in streets and highways 106 
 
 Power of common council to regulate laying in and under streets 47 
 
 Tapping of water pipes prohibited ~ 107 
 
 When water pipes may be extended beyond city limits 107 
 
 PLANS FOR BUILDINGS AND STRUCTURES: 
 
 Power of common council in regard to 46 
 
 PLAYGROUNDS:' 
 
 Board of education to supervise and maintain 134 
 
 Power of common council to establish 50 
 
 To be established by common council 134 
 
 PLEADINGS: 
 
 Amendment to, in numicipal court 172 
 
 In municipal court 170 
 
 PLUMBERS: 
 
 Examining board of 
 
 See §40, General Cities Law, Laws 1900, Chap. 327 
 
 POLES: 
 
 May not be constructed in parks without permission 112 
 
 Power of common council to regulate erection of 47 
 
 Power of common council to regulate erection of wires on 47 
 
 POLICE BUREAU: 115 
 
 Appointment and term of chief of police 114 
 
 Appointment of policemen 116 
 
 Appointment of special policemen by mayor 38 
 
 Charges and trials of policemen 116 
 
 Compensation for loss and injury 116 
 
 Estimate of money for 39 
 
 Exemption from military and jury duty 117 
 
 Grading and increase of police force by common covmcil 53 
 
 Police force to remain as constituted . 115 
 
 Police pension fund 118 
 
 Political activity prohibited 118 
 
 Power of commissioner to retire policemen 120
 
 242 
 
 POLICE BUREAU : -( 'oiitinufMl 
 
 I'owcr of mayor over police force in case of riot 38 
 
 Powers and duties of chief of police 115 
 
 Powers and duties of policemen 117 
 
 Powers of fire marshal may be delegated to policeman 130 
 
 Qualifications of policemen 116 
 
 Rules for police force 115 
 
 Service of process by policemen 118 
 
 Tenure of office of policemen 116 
 
 Under control of commissioner of public safety 114 
 
 POLICE COURT: 160 
 
 Children's court 162 
 
 Confinement in Monroe County penitentiary 164 
 
 Demand for jury trial 163 
 
 Election of police justice 31 
 
 Expense of punishing offenders against state law 166 
 
 Estimate of money for 39 
 
 Judicial notice of ordinances 162 
 
 Jurisdiction of 161 
 
 Jury trial 163 
 
 Police court attendant 165 
 
 Police court c'erk and assistants 164 
 
 Power to sentence 164 
 
 Powers and jurisdiction of police justice 161 
 
 Probation officers 165 
 
 Property to be held as evidence 166 
 
 Prosecutions for violations of ordinances 162 
 
 Qualifications of police justice 30 
 
 Removal of cases to grand jury 163 
 
 Salary of police justice 40 
 
 ^ Sale of unclaimed articles 165 
 
 Stolen property 166 
 
 Term of office of police justice 31 
 
 To be held by police justice 161 
 
 Vacancy in office of police justice 35 
 
 When judges of municipal court may hold IGl 
 
 POLICE PENSION FUND: 118 
 
 Comptroller has direction and management of 70 
 
 PajTnents from 74 
 
 Treasurer is custodian of 74 
 
 POOR: 
 
 Appointment and duties of overseer of 131 
 
 Liability of city for support of limited 132 
 
 Support and relief of 131 
 
 PRESIDENT^OF^COMMON COUNCIL: 
 
 Becomes mayor in case of vacancy 35 
 
 Election of 30
 
 243 
 
 PRESIDENT OF COMMON COUNCIL :— Continued 
 
 Member of board of estimate and apportionment 38 
 
 Powers and duties of 43 
 
 Qualifications of 30 
 
 Salary of 32 
 
 Term of office of 31 
 
 When acting mayor 36 
 
 Vacancy in office of 35 
 
 PROBATION OFFICERS: 
 
 Appointment and duties of 114 
 
 Appointment of, by police justice 165 
 
 PROCEEDINGS: 
 
 Bastardy 174 
 
 Condemnation 153 
 
 Corporation counsel must appear for city or its officers 146 
 
 Of board of education, publication of I35 
 
 Of common council^ publication of 45 
 
 Place of trial of. against city I93 
 
 Summary 169 
 
 To vacate or reduce local assessment 89 
 
 PROCESS: 
 
 Issued by municipal court 169 
 
 Service of. by policeman US 
 
 PROJECTIONS: 
 
 Over public streets 50 
 
 PUBLIC ACT: 
 
 Charter is 194 
 
 PUBLIC HEALTH LAW: 
 
 Applicable to city of Rochester 130 
 
 PUBLIC INSTRUCTION, DEPARTMENT OF: 132 
 
 Adoption of rules 135 
 
 Annual report to state superintendent 135 
 
 Annual report to the common council 136 
 
 Appointment of employees 135 
 
 Appointment of examiners 134 
 
 Appointment of janitors and truant officers 134 
 
 Appointment of ofP-cers and employees 134 
 
 Appointment of school principals and teachers 134 
 
 Appointment of secretary 134 
 
 Appointment of superintendent of schools 134 
 
 Appointment of supervising architect 134 
 
 Board of education 133 
 
 Board of examiners 140 
 
 Changing grades and courses of study 134 
 
 Common council may direct sale of school property 14"_' 
 
 Condemnation proceedings for acquisition of real estate 154 
 
 Contracts for construction of school buiklings exceeding one year 137
 
 244 
 
 PUBLIC INSTRUCTION, DEPARTMENT OF: ( untinuc.l 
 
 Contracts for work and supplies 130 
 
 Custody of. and payments from, toachors' rctin'mciit fund 74 
 
 Custody of libraries 138 
 
 Duties of .secretary 1 38 
 
 Duties of supervising architect — 140 
 
 Election of commissioners of schools 'iO 
 
 Emergency repairs l'-i~ 
 
 Establishment of schools 1 34 
 
 Estimate of 34 
 
 Estimate of money for 39 
 
 Excepted from powers and duties imposed upon commissioner of 
 
 public works .' 102 
 
 Filling of vacancies 135 
 
 Fixing qualifications of teachers 134 
 
 General duties 133 
 
 High school sinking fund 72 
 
 Issue of bonds for purpose of ol 
 
 License of teachers 134 
 
 Meetings of board 132 
 
 Not governed by provisions relating to board of contract and 
 
 supply 100 
 
 Non-resident pupils 135 
 
 Ordinance for acquisition of real estate for 49 
 
 Permanent appointment of principals and teachers 142 
 
 Power of board of estimate and apportionment in relation to 
 
 annual funds for 39 
 
 Power of common council in relation to annual estimate of funds 
 
 for 55 
 
 Powder to fix salaries 135 
 
 Powers and duties of superintendent 139 
 
 Powers of principals 140 
 
 Provision for social improvement 134 
 
 Public schools free 142 
 
 Publication of proceedings 135 
 
 Purchase of school property and supplies 134 
 
 Qualifications of commissioners of schools 30 
 
 Qualifications of examiner 140 
 
 Qualifications of principals and teachers 141 
 
 Qualifications of superintendent 138 
 
 Report as to teachers' retirement fund 136 
 
 Salary of commissioners of schools 32 
 
 School sinking fund 72 
 
 Supervision and maintenance of playgrounds 134 
 
 Suspension and removal of officers and employees 142 
 
 Teachers' retirement fund 142 
 
 Teachers' retirement fund, management of 70 
 
 Term of office of commissioners of schools 31 
 
 Vacancy in office of commissioner of schools 35
 
 245 
 
 PUBLIC SAFETY, DEPARTMENT OF: 112 
 
 Actions to restrain nuisances 129 
 
 Appeal from order of health officer 128 
 
 Appointment of commissioner of l-'^O 
 
 Appointment by commissioner of probation officers 114 
 
 Appointment of policemen and firemen 116 
 
 Appointment of secretary 114 
 
 Approval of plans for sewers and drains 129 
 
 Buildings used by, not under control of city engineer 110 
 
 Bureau of buildings 130 
 
 Charges and trials of health officer and subordinates 127 
 
 City physicians 129 
 
 Commissioner has powers of board of health 127 
 
 Commissioner of public safety is head of 112 
 
 Custody of and payments from police and fire pension funds 74 
 
 Duty in case of peril to public health 129 
 
 Emergency repairs of fire apparatus 100 
 
 Estimate of money for •^■' 
 
 Exemption of policemen and firemen from military and jury duty 117 
 
 Fire bureau ^^^ 
 
 Fire pension fund • 123 
 
 Grading of police and fire force by common council 53 
 
 . Health bureau ^26 
 
 Health districts ^29 
 
 Health officer 1^6 
 
 Increase in police and fire force to be determined by common 
 
 council and approved by board of estimate and apportionment 53 
 
 Inspection of public Iniildings 128 
 
 Police bureau ^ 
 
 Police pension fund 
 
 Political activity of policemen prohibited 118 
 
 Power of commissioner over police force in case of riot or insur- 
 
 ,• 38 
 
 rection ••• 
 
 Power of commissioner to retire firemen a-^-* 
 
 Power of commissioner to retire policemen 120 
 
 Powers and duties of chief of fire force ■ • ■ • H^ 
 
 Powers and duties of chief of police 11» 
 
 Powers and duties of commissioner 114 
 
 Powers and duties of fire marshal 13^ 
 
 Powers and duties of policemen H' 
 
 Powers and duties of secretary ^ 
 
 Powers of fire marshal may be delegated J^JJ 
 
 Public health law applicable 
 
 Qualifications, tenure of office, and charges and trials of police- 
 men and firemen, and compensation for loss and injury 110 
 
 Rules for police and fire force and composition thereof 115 
 
 Service of process by policeman 
 
 When commissioner permitted to exceed appropriation 3.S
 
 24f) 
 
 PUBLIC SCHOOLS: 132 
 
 See Public Instructkik Department of. 
 
 PUBLIC WORKS, DEPARTMENT OF: 101 
 
 Abandoncil street 103 
 
 Appointment of commissioner 30 
 
 Appointment of deputy commissioner 101 
 
 Appointment of subordinates 101 
 
 Authority of commissioner to grant licenses for encroachment 
 
 upon street 50 
 
 Claim for damages caused by change of grade or discontinuance 
 
 of street, to be presented to commissioner G2 
 
 Commissioner has direction and control of water bureau 105 
 
 Commissioner is head of 101 
 
 Commissioner is member of board of contract and supply 95 
 
 Commissioner may agree upon ' amount of damages caused by 
 
 change of grade or discontinuance of street 02 
 
 Commissioner to purchase real estate 48 
 
 Duty of commissioner in relation to supply of water 105 
 
 Duty of commissioner to file expense of repair and cleaning with 
 
 assessors 103 
 
 Estimate of money for 39 
 
 Installation of water meters 105 
 
 Interference with water works property 107 
 
 No person or corporation to distribute water without franchise 108 
 Notice of snow and ice must be given to commissioner or city not 
 
 liable 103 
 
 Power of commissioner to enter upon streets for construction or 
 
 repair of sewers 104 
 
 Power of commissioner to enter upon streets for laying water pipes 106 
 
 Power of commissioner to repair and clean sidewalks 102 
 
 Power of common council as to construction of pablic works. ... 56 
 
 Powers and duties of commissioner 102 
 
 Power to remove encroachments and obstructions 104 
 
 Purchase of lands by commissioner 105 
 
 Statement for water frontage tax 108 
 
 Statement of unpaid water rates 108 
 
 Streets by prescription 104 
 
 Tapping water pipes prohibted 107 
 
 Term of office of commissioner 31 
 
 QUALIFICATIONS: 
 
 Of examiners appointed by board of education 140 
 
 Of health officer 126 
 
 Of officers generally 30 
 
 Of policemen and firemen 116 
 
 Of principals and teachers 141 
 
 Of superintendent of public schools 13S 
 
 QUORUM : 
 
 < )f conniion council 45
 
 247 
 
 RAILROADS : 
 
 Gross receipts paid by street, to be placed in sinking fund 70 
 
 Power of common council to regulate operation and speed of loco- 
 motives and cars of 47 
 
 Prohibited in parks 112 
 
 Street surface railwaj' not relieved from existing obligations 194 
 
 REAL ESTATE: 
 
 Acquisition of 48 
 
 Action to collect taxes upon 151 
 
 Bought or sold by city, officers and employees not to be inter- 
 ested in 34 
 
 City may take possession of during condemnation proceedings. . . . 158 
 
 Claim and action for damages to 192 
 
 Collection of taxes heretofore levied upon 152 
 
 Condemnation proceedings not affected by transfer after filing of 
 
 map 156 
 
 Common council may direct sale of school property 142 
 
 Condemnation proceedings to acquire 153-160 
 
 Deeds of, to be delivered to assessors before recording 88 
 
 Foreclosure of tax lien upon 149,150 
 
 Lease of 49 
 
 Lease of, by market commissioners 187 
 
 Lease of, by park commission 112 
 
 Liable to local assessment 85 
 
 Lien of taxes and assessments upon 87 
 
 Manner of acquiring for water works purposes 107 
 
 Maps of subdivisions of, to be filed with assessors 88 
 
 May be acquired by city in condemnation proceedings 160 
 
 May be directed to be acquired in ordinance for local improvement 49 
 
 Ordinance for j^urchase of 48 
 
 Power of board of education to purchase 134 
 
 Power of city to acquire, for water supply l()(i 
 
 Power of city to receive or acquire 1 
 
 Publication of list on which taxes remain unpaitl 77 
 
 Purchase of by commissioner of public works 105 
 
 Question of title to, in municipal court 171 
 
 Sale of 49 
 
 Sale of, upon tax foreclosure cannot be attacked after one year. . . . 153 
 
 Taxation of 82 
 
 Used for educational purposes under control of board of educa- 
 tion 133 
 
 ^ATien title vests in city under condenuiation proceedings 159 
 
 REPAIRS: 
 
 Emergency 100 
 
 Emergency, to school buildings 137 
 
 REPEAL: 
 
 Effect of repeal of laws by charter 195 
 
 Of certain laws 196 
 
 Of inconsistent laws 186
 
 248 
 
 REPLEVIN: 
 
 111 actions ill muiiiciiKil <'()iirt ... 170 
 
 REPORTS: 
 
 Annual 34 
 
 Annual, of board of education to common council 136 
 
 Annual, of board of education to state superintendent 135 
 
 Of board of education as to number of pupils 136 
 
 Of connnissioners in condemnation proceedings, confirmation of 157 
 
 Of departments 34 
 
 Of market connnissioners monthly to common council 187 
 
 Of connnissioners in condemnation proceedings 157 
 
 RESERVOIRS: 
 
 Power of coninion council as to construction of 56 
 
 RESIGNATION: 
 
 Of oHic(>rs 35 
 
 RIOT: 
 
 Powers of mayor in case of 38 
 
 RULESJOF PRACTICE: 
 
 Reference to, how construed 194 
 
 SALARY: 
 
 Additional, not to be paid 33 
 
 Fixed 31 
 
 To be fixed by board of estimate and apportionment 40 
 
 Power of board of education to fix 135 
 
 Power of Mount Hope commission to fix 183 
 
 Power of park commission to fix Ill 
 
 Supervisors' 190 
 
 SALE: 
 
 Of franchise 48 
 
 Of personal property 50 
 
 Of property by collectors of taxes 77 
 
 Of real estate 49 
 
 Of real estat » on tax foreclosure cannot be attackeil after one year. 153 
 
 Of school property 142 
 
 Of unclaimed articles in police court 165 
 
 To or by city, officers and employees not to be interested in 34 
 
 SCHEDULE OF LAWS REPEALED: 196 
 
 SCHOOL COMMISSIONERS: 
 
 Kicction of 31 
 
 Powers and duties of 1 32 
 
 Qualifications of 30 
 
 Salary of 32 
 
 Term of office of 31 
 
 Vacancy in office of 35 
 
 See Public IxsTRrcTiox. Departmext of.
 
 249 
 
 SEAL: 
 
 City clerk has custody of 44 
 
 Power to adopt 1 
 
 To be affixed to deeds and contracts ;i7 
 
 To be affixed to mayor's warrant for collection of taxes S4 
 
 SEALER OF WEIGHTS AND MEASURES: 109 
 
 See Weights and Measures, Bureat' of. 
 
 SEWERS: 
 
 Approv'al of plans for 129 
 
 Assessment for east side trunk sewer 59 
 
 Contracts for, may not be let until plans a[)proved by health 
 
 officer 129 
 
 Disposal plants for, power of common council to require con- 
 struction of 57 
 
 Duty of city engineer in regard to 110 
 
 May be laid in streets and highways 104 
 
 Power of commissioner of public works over 102.104 
 
 Power of common council to require construction and repair of 57 
 
 SINKING FUND: 
 
 (^ommon council may create 51 
 
 Comptroller has investment and management of 70 
 
 General 70 
 
 General, application of moneys in 71 
 
 Hemlock lake watershed 71 
 
 High school 72 
 
 Local improvement fund 73 
 
 Market revenues to be applied to 187 
 
 Park 72 
 
 Public market 72 
 
 School 72 
 
 Water 71 
 
 AVater distributine 71 
 
 SMOKE: 
 
 Power of common coiuicil to regulate 46 
 
 SNOW AND ICE: 
 
 Duty to remove 103 
 
 No liability for accident caused by, unless written notice has been 
 
 given 103 
 
 SPECIFICATIONS: 
 
 For public improvement 96 
 
 Preparation of, for pavements 97 
 
 To lie prepared by city engineer 110 
 
 SPEED OF VEHICLES: 
 
 Power of common council to regulate 46 
 
 STATE LANDS: 
 
 Assessment of, governed by 2)ublic lands law 87
 
 250 
 
 STATIONARY ENGINEERS, BOARD OF EXAMINERS OF: 189 
 
 Appointment of exaniincis 30 
 
 Estimate of money for 39 
 
 Powers and duties of examiners 189 
 
 Qualifications of examiners 30 
 
 Term of examiners 31 
 
 Vacancy in office of examiners 35 
 
 STATUTE OF LIMITATIONS: 
 
 In actions against city for injuries to person or property 193 
 
 Not a defense against taxes, local assessments or water rates 153 
 
 Not affected by repeal of law 195 
 
 STATUTES: 
 
 Reference to, how construed 194 
 
 STATUTORY CONSTRUCTION LAW: 
 
 Charter to be construed in accordance with pro\'isious of 194 
 
 STRAW: 
 
 Power of common coimcil to regulate selling of 4G 
 
 STREETS: 
 
 Alteration of grade 02 
 
 Alteration of name G2 
 
 By prescription : 104 
 
 City not barred by lapse of time from removing encroachments. . 104 
 City not liable for injury caused by snow or ice upon, without 
 
 written notice 103 
 
 Definition of 193 
 
 Discontinuance of 62 
 
 Encroachments upon, may be removed 104 
 
 Laying of water pipes in 106 
 
 Ordinance authorizing encroachment upon 50 
 
 Power of commissioner of public works over 102 
 
 Power of commissioner of public works to enter upon for con- 
 struction or repair of sewers 104 
 
 Power of common council to grant franchises to use 47 
 
 Power of common council to regulate erection of poles and wires 
 
 in 47 
 
 Power of common council to regulate laying of pipes in 47 
 
 Power of common council to regulate excavation of 47 
 
 Power of common council to regulate operation and speed of loco- 
 motives and cars upon 47 
 
 Power of common council to regulate vehicles upon 46 
 
 Power of common council to require alteration, widening and dis- 
 continuance of 57 
 
 Power of common council to require improvement of 57 
 
 Power of common council to require numbering of buildings on. . 57 
 Power of common coiuicil to require wires to be ]ilaced under- 
 
 sround 47
 
 251 
 
 STREETS :— font inued 
 
 Procedure to assess damages for discontinuance or change of 
 
 grade of 159 
 
 Repair and cleaning of sidewalks on 102 
 
 ^Mien deemed abandoned 103 
 
 SUBPOENA: 
 
 Issued by commissioner of public safety 11" 
 
 Issued by commissioners in condemnation proceedings 156 
 
 Issued by common council 53 
 
 Issued by municipal court 169 
 
 SUE AND DEFEND: 
 
 Power of city to 1 
 
 SUPERVISOR: 
 
 Election of 30 
 
 Powers, duties and compensation of 190 
 
 Qualifications of • • ■ 30 
 
 Vacancy in office of 35 
 
 SUMMARY PROCEEDINGS: 169 
 
 SUMMONS: 
 
 Issued by municipal court 169 
 
 SUPPLEMENTARY PROCEEDINGS: 
 
 To collect taxes heretofore levied 152 
 
 To collect taxes upon personal property 149 
 
 To collect taxes upon real property 151 
 
 SUPPLIES AND MATERIALS: 
 
 Annual contracts for 100 
 
 Definition of 194 
 
 Purchase of, by board of education 136 
 
 Purchase of, by Mount Hope commission 184 
 
 Purchase of, by park commission Ill 
 
 Purchase of, over $250 in value 95 
 
 Purchase of, under $250 99 
 
 SURROGATES COURT: 
 
 Decree of judicial settlement not to be niiule witlioiit appearance 
 
 of city 153 
 
 TAX: 
 
 Actions and proceedings to collect 149-153 
 
 Apportionment of 87 
 
 Collection of, by city treasurer 75 
 
 Collectors' sales and notice 77 
 
 Confirmation of rolls 55,56 
 
 Constitutes personal obligation 84 
 
 Correction of errors in, and re-assessment of 61 
 
 County 90-94 
 
 Definition of 194 
 
 Disposition of surplus on collectors' sales 77
 
 252 / 
 
 TAX: — Continued 
 
 Heretofore levied, how collected 151 
 
 Items added thereto to bo collected as a part thereof 78 
 
 Levy of annual 56 
 
 Levying of annual, by common council. 55 
 
 Lien of 87 
 
 On city property, claim for 69 
 
 Power of board of estimate and apportionment to cancel or remit 41 
 
 Preparation of annual rolls for 81 
 
 Publication of 77 
 
 Publication of unpaid 75 
 
 Rate of interest on 75 
 
 Statute of limitations not a defense 153 
 
 Tax budget 55 
 
 Time to attack sale of real estate under tax foreclosure limited to 
 
 one year 153 
 
 To be deducted from aw'ard in condemnation proceediugs 159 
 
 To be paid before estate is settled 153 
 
 To have preference over all other claims 152 
 
 Unpaid local assessments to be added to 80,82,83 
 
 Upon city property, not to be paid until claim presented 69 
 
 Validated 88 
 
 Warrant for 76 
 
 See Assessment; Assessment and taxation, Department of; 
 
 Treasurer. 
 
 TEACHERS' RETIREMENT FUND: 142 
 
 Comptroller has management of 70 
 
 Payments from 74 
 
 Treasurer is custodian of 74 
 
 TEMPORARY SALES: 
 
 Power of common council to regulate 46 
 
 TENEMENT HOUSE ACT: 
 
 Provisions of, not to apply to city 195 
 
 TERMOF OFFICE: 
 
 Of appointive officers 31 
 
 Of chief of fire force 114 
 
 Of chief of police force 114 
 
 Of elective officers 31 
 
 Of firemen 116 
 
 Of health officer 114 
 
 Of officers heretofore appointed or elected 192 
 
 Of policemen 116 
 
 TIME: 
 
 Wlien charter to take effect 196 
 
 TITLE: 
 
 To real estate, question of in municipal coiu't 171
 
 253 
 
 TREASURER: 
 
 Appointment of dcjnity 73 
 
 Accounts with, to be kept by comptroller 73 
 
 Books of, have to be examined by comptroller 73 
 
 Deposits and accounts of money 74 
 
 Duties and powers of 73 
 
 • Election of 30 
 
 Estimate of money for 39 
 
 May issue warrants for local assessments 79 
 
 May receive taxes without all of the amount added thereto 78 
 
 Member temporarily of board of estimate and apportiormient 38 
 
 Moneys collected by corporation counsel to be paid to 147 
 
 Moneys received upon sale of unclaimed articles to be delivered 
 
 to police clerk 165 
 
 Moneys to be drawn on check signed by treasurer and counter- 
 signed by comptroller 74 
 
 Qualifications of 30 
 
 Revenues of market to be deposited with 187 
 
 Salary of 32 
 
 Term of office of 31 
 
 To collect annual taxes 84 
 
 To collect taxes 75 
 
 To collect interest on overdue local assessments 79 
 
 To countersign deeds of Mount Hope cemetery lots 185 
 
 To deliver to corporation counsel a list of unpaid taxes 78 
 
 To deposit moneys in banks designated by board of estimate and 
 
 apportionment 74 
 
 To exhibit books to comptroller 74 
 
 To insert local assessments in annual tax rolls 84 
 
 DeliA^ery of annual tax rolls to 84 
 
 To issue warrants for unpaid taxes 76 
 
 To publish list of land on which taxes remain unpaid 77 
 
 To publish notice for payment of local assessments 79 
 
 To publish unpaid taxes 75 
 
 Vacancy in office of 35 
 
 TRIAL: 
 
 Place of, in actions against city 193 
 
 TRUANT OFFICERS: 
 
 Appointment of 134 
 
 UNDERTAKING: 
 
 City not required to give, in action or proceeding 191 
 
 Contract and labor 98 
 
 Guaranteeing public work 98 
 
 Indemnifying city for encroachment upon street 50 
 
 May be required to be submitted with bid for public work 96 
 
 Of officers 31 
 
 Power of common council to require indemnification of city 46 
 
 To be given by city upon taking possession of property dining con- 
 demnation proceedings 158
 
 254 
 
 UNEXPENDED BALANCES: 
 
 In 1)(' placed in sinking I'iiikI 70 
 
 VACANCIES: 
 
 In offices 35 
 
 In oflico for I'ailurc to file oatli or undertakiiijj; 31 
 
 VEHICLES: 
 
 Power of common council to regulate operation of 46 
 
 WARDS: 
 
 Of city 2 
 
 WATER WORKS BUREAU: 105 
 
 Appointment of superintendent of 101 
 
 Collection of water rates heretofore charged 152 
 
 Duty of city engineer in regard to water works. 110 
 
 Emergency repairs to water works 100 
 
 Estimate of money for 39 
 
 Extension of water mains beyond city limits 107 
 
 Hemlock lake watershed sinking fund 71 
 
 Installation of water meters 105 
 
 Interference with property of 107 
 
 Insertion of water frontage tax and unpaid water rates in annual 
 
 tax rolls 82 
 
 Laying of water pipes in streets 106 
 
 No water to be distributed without franchise 108 
 
 Power of city to acquire real estate for 106 
 
 Power of commissioner of public works over water works 102 
 
 Powers and duties of superintendent of water works 105 
 
 Statement for water frontage tax 108 
 
 Statement of unpaid water rates 108 
 
 Statute of limitations not a defense against water rates 153 
 
 Supply and distribution of water 105 
 
 Tapping water pipes prohibited 107 
 
 Water distributing sinking fund 71 
 
 Water frontage tax 56 
 
 Water frontage tax and water rates collected in annual taxes 
 
 to be added to water works fund 79 
 
 Water rates have preference over all other claims 152 
 
 Water rates to be deducted from award in condemnation pro- 
 ceedings 159 
 
 Water rates to be fixed 105 
 
 Water rates to be paid before estate is settled 153 
 
 Water sinking fund 71 
 
 See Public Works, Dep.vrtmext of. 
 
 WEIGHTS AND MEASURES, BUREAU OF: 109 
 
 Appointment of sealer 101 
 
 Appointment of subordinates of sealer 109 
 
 Estimate of money for 39 
 
 Power of common council to regulate inspection anil sealing of 
 
 weights and measures 46 
 
 Powers and duties of sealer 109
 
 255 
 
 WIRES: 
 
 Power of common council to regulate erection of 47 
 
 Telegraph and telephone, may not be constructed in parks witli- 
 
 out permission 1 1'^^ 
 
 WITNESSES: 
 
 Commissioners in condemnation proceedings may subpoena 150 
 
 Commissioner of public safety m ly subpoena 117 
 
 Common council may subpoena 53 
 
 Inhabitant may be witness in action in which city is interested... 191 
 
 Mayor may administer oath to . 37 
 
 Municipal court may subpoena 169 
 
 Not to be excused from testifying 191 
 
 WORDS: 
 
 Definition of 193 
 
 YEAR: 
 
 Fiscal 60
 
 This book is DUE on the last date stamped below
 
 AA 000 994 602 i 
 
 UNIVERSITY of CALIFORNIA 
 
 LUS ANGELES 
 LIBRARY