$ 52 . 01+7 77 GGor I CHARTER I H OF THE I CITY OF ROME I SPECIAL ACTS AND ORDINANCES ”^\ovv\e. V \ R.V-(U: rwA' CHARTER OF THE CITY OF ROME , N. Y. SPECIAL ACTS AND CITY ORDINANCES Rome sentinel co , printers ROME, N Y G(o :Aj nil Charter of the Ctt£ of IRome Chapter 650, Laws of 1904 as amended by Chapter 14, Laws of 1905, Chapter 468, Laws of 1905, Chapter 651, Laws of 1906, Chapter 327, Laws of 1907, Chapter 245, Laws of 1908, Chapter 575, Laws of 1909, Chapter 576, Laws of 1909, Chapter 333, Laws of 1910, Chapter 131, Laws of 1911, Chapter 703, Laws of 1911, Chapter 327, Laws of 1912, Chapter 442, Laws of 1912, Chapter 443, Laws of 1912, Chapter 571, Laws of 1915, Chapter 573, Laws of 1915, Chapter 161, Laws of 1916, Chapter 424, Laws of 1917, Chapter 542, Laws of 1918, Chapter 488, Laws of 1918. Entitled “An ACT to revise the charter of the city of Rome”. Passed without the acceptance of the city. Became a law May 9, 1904, with the approval of the Gov- ernor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows. TITLE I. BOUNDARIES AND CIVIL DIVISIONS. Section 1. The district of the country, in the county of Oneida, included within the boundaries described in the next section shall be a city by the name of “Rome”, and the citizens of this state, from time to time inhabitants within the siaid boundaries, shall be a corporation by the name of “The city of Rome”, and as such in that name may sue and be sued, complain and defend in any court, make and use a common seal and alter it at pleasure, and may receive by gift, grant, devise, bequest or purchase, and hold and convey such real or personal estate as the purposes of the corporation may re- 45106 & 4 quire. All the real estate or interest in real estate and the personal property now owned or possessed by or held in the name of the city of Rome, are hereby vested in the city of Rome, with power to hold or convey the same as the purposes of said corporation may require. The said corporation shall also have the powers and privileges conferred by the statutes of this state upon cities of its class as well as those conferred by this act. Sec 2. The said city shall be divided in seven wards re- spectively as follows, namely: First Ward — All that part of said city hounded as follows: Beginning at a point in the city of Rome where the center line of James street intersects the center line of Stanwix street; thence easterly along the center line of Stanwix street to the intersection thereof with the center line of Saint Peter’s avenue; thence easterly along the center line of Saint Peter’s avenue to- the end thereof; thence easterly in a straight line to a point where the line of said city and town of Floyd is inter- sected by the center line of East Dominick street, or the River road (so-called); thence southerly along said line of the city of Rome and town of Floyd to the center line of the Mohawk River; thence running up said river and the center thereof to the center line of Dominick street; thence westerly along the center line of Dominick street to the intersection thereof with the center line of James street; thence northerly along the center line of James street to the intersection thereof with the center line of Stanwix street to the place of beginning, shall comprise the first ward. Second Ward — All that part of said city bounded as fol- lows, namely: Lying south of the first ward and east of a line commencing at the intersection of said James and Dom- inick streets, and running along the center of said James street and the Madison plank road to the intersection of said plank road with the road to Verona village at the former Oneida county poorhouse, and thence along the center of said Verona road to the city line, shall comprise the second ward. 0 Third Ward — All that part of said city described as fol- lows, namely: Lying westerly of the second ward and south- erly of a line commencing at the intersection of said James and Dominick street produced along the center of the high- way to the junction of the Rome and Taberg and former Rome and Oswego plank roads; thence running along the center of said last, named road to the city line, shall comprise the third ward. Fourth Ward — All that part of said city described as fol- lows, namely: Lying northerly of the third ward and west- erly of a line commencing at the center of said Dominick street and George street in the former village of Rome; run- ning thence up the center of said George street to Thomas street in said village; thence running along the center of said Thomas street to the Cemetery road (so-called); thence along the line in the center of said Cemetery road produced to the line of said city and the town of Lee, near the hotel formerly owned or occupied by William H. Smith, at Lee Line (so- called), shall comprise the fourth ward. Fifth Ward — All that part of said city described as follows, namely: Beginning at a point in the center line of Washing- ton street intersected by the center line of Liberty street, run- ning thence northerly along the center line of Washington street to its intersection with the center line of Garden street to its intersection with the center line of Turin road; thence northerly along the center line of Turin road to its intersec- tion with the line of the city of Rome and town of Lee; thence westerly along said last mentioned lines to the point of its in- tersection with the Cemetery road (so-called); thence south- erly along the center line of said Cemetery road to its inter- section with the center line of Thomas street; thence easterly along the center line of Thomas street to its intersection with the center line of George street ; thence southerly along the center line of George street to its intersection with the center line of Liberty street; thence easterly along the center line of Liberty street to its intersection with the center line of Washington street, the point and place of beginning, shall comprise the fifth ward. 6 Sixth Ward — All that part of said city described as fol- lows, namely: Beginning at a point at the intersection of James and Dominick streets, running thence northerly along the center of James street to the intersection thereof with the Wright Settlement road near the Ridge Mills; thence along the center of the Wright Settlement road and the Watson Hollow road to the line of the city of Rome and toAvn of Floyd; thence northerly along said line to the line of the city of Rome and town of Western; thence westerly along said last mentioned line and the line of the city of Rome and town of Lee to the center of Turin road; thence southerly along the center of said Turin road to its intersection with the center line of Harden street; thence easterly along the center line of Harden street to 1 its intersection with the center line of Washington street; thence southerly along the center line of Washington street to its intersection with the center line of Liberty street; thence westerly along the center line of Liberty street to its intersection with the center line of Horge street; thence south- erly along the center line of Heorge street to its intersection with the center line of Dominick street; thence easterly along the center line of Dominick street to its intersection with the center line of James street, the place of beginning, shall com- prise the sixth ward. Seventh Ward — All that part of said city described as fol- lows, namely: Beginning at a point at the intersection of James and Stanwix streets, in the city of Rome, running thence along the center of said James street to the intersec- tion thereof with the Wright Settlement road, near the Ridge Mills; thence along the center of the Wright Settlement road and the Watson Hollow road to the line of said city and the town of Floyd; thence running along said line southerly to a point where said line is intersected by the center line of East Dominick street, or the River road (so-called); thence west- erly in a straight line to a point in the center line of the east- erly end of Saint Peter’s avenue; thence westerly along the center line of Saint Peter’s avenue to the intersection thereof with the center line of Stanwix street; thence westerly along the center line of Stanwix street to the intersection thereof with the center line of Janies street, the place of beginning, shall comprise the seventh ward. Sec. 3. That portion of said city comprised within the fol- lowing limits shall be known and designated as the “Cor- poration Tax District”, namely: Beginning at the northwest corner of the Saint Peter’s Catholic Cemetery as it existed in the year eighteen hundred and seventy, on the southerly line of Dominick street, and running thence in a straight line to the point where the northerly line of Bloomfield street ex- tended strikes the northerly margin of the Mohawk River; thence northwesterly through the point where the center of the highway known as the Floyd road intersects the division ]ine between the lands owned in eighteen hundred and seventy by John Stryker and Edward and Benjamin N. Huntington, lying on the southerly side of said road to the easterly line of appropriation of the Black River Canal; thence westerly to the point of intersection of the center line of the Turin road with the center line of Jay street extended; thence westerly to the intersection of the center line of the Cemetery road with the center line of a highway leading from said road southerly past the “pesthouse” (so-called) to Dominick street; thence westerly to the point where the northerly line of Liberty street intersects- the line between subdivision lots numbers five and six in great lot number three of the fourth allotment of the Oriskany patent (being the line between the lands of Jacob Bell and the estate of Valentine Bowers, deceased) ; thence south- erly along the last mentioned line extending to a point ten rods southerly (measured on said line) from the southerly appro- priation line of the Erie canal; thence easterly to the point where the southerly line of the late village of Rome intersects the center line of James street; thence in a straight line east- erly to the south comer of the late village of Rome (being a point due south eighty rods from the entrance of the old canal feeder into the Erie canal) ; thence easterly to the south- west corner of the said Saint Peter’s Catholic Cemetery, as it existed in eighteen hundred and seventy; thence along the west line of said cemetery to the place of beginning. 8 TITLE II. CITY AND WARD OFFICERS— THEIR ELECTION AND i APPOINTMENT. Sec. 4. On the thirty-first day of December, nineteen hundred and four, the respective terms of office of the re- corder, the fifteen aldermen, the five supervisors, the four justices of the peace, the five highway commissioners and four constables heretofore elected in and for the city of Rome, and now serving as such respectively, shall cease and terminate, and the respective offices of recorder, justices of the peace and highway commiisisioners as such shall he abolished. The first election for city officers under this act shall he held at the general election in the fall of nineteen hundred and four. From and after January first, nineteen hundred and five, said city and its affairs shall be managed and conducted in the manner and form and by the officers whose election or appoint- ment is provided for in this act. Sec. 5. From and after January first, nineteen hundred and five, the elective officers of the city shall be a mayor, a president of the Common Council, a city judge, a special city judge, a city treasurer, a city clerk and two constables who shall he elected by the city at large, and one alderman and one supervisor to be elected in each ward of said city. The election of all city and ward officers shall be governed by the general election law of the state. The appointive officers of the city shall be a city attorney, city hall janitor, a sealer of weights and measures, a poundmaster, three assessors, four commissioners of public works, four commissioners of water and sewers, four commissioners of fire and police, four com- missioners of health, four commissioners of charity and such other non-elective officers as shall or may be required by gen- eral law. All appointive officers shall be appointed by the mayor, except as herein otherwise provided. Not more than two of the members of any of the aforesaid administrative boards shall belong to the same political party or organization. 9 Sec. 5-a, (Added by Chapter 542, Laws of 1918). A superintendent of highways, who shall be a resident of the city outside the corporation tax district, shall be elected at the gen- eral election in the year nineteen hundred and eighteen and at such election every two years thereafter, by the qualified elec- tors of the city residing outside of such district. The term of office of the superintendent of highways shall be two years from and including the first day of January next succeeding his election. The superintendent in office, by appointment, under the former provisions of section eighty, shall cease to hold office, and his powers and duties shall terminate on the thirty- first day of December, nineteen hundred and eighteen; but a vacancy in such office occurring before that day may be filled by the board of public works, by appointment, to expire on that day. Ballots shall be supplied to the inspectors of election, in any election district, and by them delivered to electors, in such manner that the names of candidates for such office shall ap- pear only upon ballots delivered to electors residing outside of the corporation tax district. Nominations for such office shall be made and certified in time and manner as provided by law for nominations of town officers to be voted for at a general election; and for such purpose the part of the city outside of such tax district shall be regarded as a town, except that the certificate of nomination shall be filed only with the board or officer chargeable by law with the duty of preparing ballots for such election. Vacancies in such office, after January first, nineteen hundred and nineteen, shall be filled in the manner provided in section ten for filling vacancies in other elective offices. The superintendent of highways so elected, and the superintendent appointed prior thereto under the former pro- visions of section eighty, until he shall cease to hold office as above provided, shall, under the direction and control of the board of public works, have the care and superintendence and repair, and keep in order the highways and bridges in that part of the city situate outside the corporation tax district. Such superintendent may appoint and employ such labor and ser- vants as may be necessary for the repair and maintenance of such highways and bridges. After January first, nineteen hun- dred and nineteen, he shall receive an annual salary of twelve 10 hundred dollars; until that date, the superintendent heretofore appointed shall receive the compensation fixed by the board of public works. Sec. 6. (As amended by Chapter 703, Laws of 1911, and Chapter 542, Laws of 1918). The term of office of the elective officers shall commence on the first day of January next suc- ceeding tlieir election, and, except as herein provided, shall be for the following terms: The mayor, president of the common council and constables two years each; the city judge, special city judge, city treasurer and city clerk four years each; the aldermen and supervisors two years each. The term of the present incumbent of the office of mayor shall expire on Decem- ber thirty-first, nineteen hundred and five, and his successor shall be elected at the general election preceding that date and every two years thereafter. The supervisors first elected under this act shall hold their office for a term of three years from January first, nineteen hundred and five, and their successors shall hold lor the terms of two years as above provided. The terms of office of the appointive officers of the city shall be as follows: 9 lie assessors three years, the city engineer, the city attorney, the poundmaster, one year each; and the commission- ers of public works, commissioners of water and sewers, com- missioners of fire and police, commissioners of health and com- missioners of charity four years each. The city hall janitor and the sealer of weights and measures shall hold office during good behavior and shall be removed from office only upon charges in writing of illegal, corrupt or otherwise improper conduct, upon which charges the accused shall have an opportunity to be heard in his defense. Sec. 7. At the first election for city officers held under this act said aldermen shall be elected as follows: The aider- men for the first, third and fifth wards of the city for a term of one year from January first, nineteen hundred and five, and at such election and in each even numbered year there- after the aldermen for the second, fourth, sixth and seventh wards shall be elected for two years from January first, nine- teen hundred and five, and at the general election held in the 11 city in November, nineteen hundred and five, and in each odd numbered year thereafter, the aldermen for the first, third and fifth wards shall be elected for a term of two vears from the first day of January next succeeding their said election. Sec. 8. (As amended by Chapter 424, Laws of 1917). The common council shall convene on the Tuesday next succeeding the election in November at eight o’clock in the evening at their usual place of meeting, and shall thereupon organize as a city board of canvassers of the election returns, and the statement of the votes filed with the city clerk by the inspectors of elec- tion shall be produced by the city clerk; the common council acting as such board of canvassers shall forthwith determine, declare and certify in the manner provided by law, who are duly elected at said election to the various city offices; they shall make duplicate certificates of such election, one of which shall be filed with the clerk of Oneida county, the other with the city clerk. All the provisions of the election law as to the powers, duties and procedure of a county board of canvassers and their secretaries, shall so far as pertinent, be applicable to said city board of canvassers, and shall regulate and control it in the discharge of its duties, and any error in its determination or statements may be corrected in the manner and by the pro- cedure provided by the election law. Sec. 9. The following officers appointed by the mayor shall hold office for a term of four years : Four commissioners con- stituting the board of public works, four commissioners! con- stituting the board of water and sewers, four commissioners constituting the board of fire and police, four commissioners constituting the board of health and four commissioners con- stituting the board of charity. The commissioners now con- stituting tne board of water and sewers shall continue in of- fice until the expiration of their respective terms. The term of office of the members now serving of each of the other ad- ministrative boards named in this act shall cease and termi- nate on the thirty-first day of December, nineteen hundred and four. Upon the first appointment under this act of the commissioners of each of said boards of public works, fire and 12 police, health and charity, the mayor shall appoint one com- missioner each for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years. The mayor shall also then appoint one assessor for one year, one for two years and one for three years. The term of office of such commissioners of public works, fire and police, health and charity, and the assessors to commence on the first day of January, nineteen hundred and five. Sec. 10. If a vacancy shall happen in any elective office the mayor shall fill the same by appointment until the next annual election, when the residue of the term of office, if there shall be any unexpired, shall be filled by some person to be elected to such office for the residue of the term, according to the provisions of this act. If any vacancy shall happen in any appointive office, the same shall be filled for the unexpired term in the same manner as the original appointment. Sec. 11. The governor of the state may remove the mayor from office at any time upon presentation of charges against him and after opportunity for him to be heard thereon. All elective officers except the mayor, shall be removable by the common council on charges after hearing as hereinafter pro- vided. Sec. 12'. Every person elected or appointed to any office shall before assuming the same, take the oath of office pre- scribed by the constitution before some officer authorized by law to take affidavits and file the same in the office of the city clerk, and every person who shall omit to take and file his oath of office within twenty days after personal service in writing of a notice from the city clerk of his election or ap- pointment, shall be deemed to have declined the office, and the office shall be deemed vacant. Sec. 13. (As amended by Chapter 542, Laws of 1918). Every person elected or appointed to any office under this act, except the city engineer, shall at the time of his election or ap- pointment be an elector in and a resident of the city, except- ing as herein otherwise provided; and every person elected by 13 a ward shall be a resident thereof; the removal of any officer of the city therefrom or any officer elected by a ward from the ward wherein he shall have been elected, shall create a vacancy in his office. Except as herein otherwise provided, no person shall hold two city offices at the same time, except employees of the board of health who may hold more than one position of said board. Sec. 14. Upon the appointment of any officer by the mayor he shall forthwith file a certificate of such appointment with the city clerk, who shall immediately after the filing thereof give notice in writing to each person appointed or elected to the office of his appointment or election as the case may be. Sec, 15. All officers elected or appointed under this act shall hold their respective offices until their successors have been duly elected or appointed and have qualified. Sec, 16. Every person residing in said city who shall at the time and place of offering his vote be qualified to vote for member of assembly, shall be entitled to vote for city officers to be elected by virtue of this act, in the ward or district in which he shall be qualified. Sec, 17. The city clerk shall report to the mayor in writing the names of all persons elected or appointed to any office, who shall have neglected to qualify according to the require- ments of this act within ten days after such neglect. Sec. 18. The resignation by any officer elected or appointed under this act, shall be made to the mayor, who shall, in caste the office resigned shall be an elective office, report the same to the common council at its next meeting. The mayor shall have power to remove any appointive officer of the city upon charges in writing of illegal, corrupt or otherwise improper conduct, upon which charges the accused shall have an oppor- tunity to be heard in his defense. Pending such hearing the mayor may suspend such officer. Sec. 19. Whenever any appointive city officer shall from 14 any cause be temporarily disqualified to perform the duties of his office, the mayor may suspend such officer and appoint a qualified person to fill such office until such disqualifica- tion be removed and any person so appointed shall possess all the powers, perform all the duties and be subject to all the ob- ligations of the official whose office he shall be appointed to fill, and shall qualify in like manner. Sec. 20. If any officer who may be required by any of the provisions of this act or by ordinance of the common council, to execute any bond or other instrument before or after enter- ing upon his office, should fail to execute the same in the man- ner prescribed by this act or by such ordinance within ten days after he shall have been duly notified to do so, in case the office be an elective one the common council, and in case it be an appointive one the mayor, may declare his office vacant, and the same shall be filled in the same manner provided by this act in cases of vacancies in office. TITLE III. POWERS AND DUTIES OF THE COMMON COUNCIL. Sec. 21. (As amended by Chapter 576, Laws of 1909, and re-enacted by Chapter 542’, Laws of 1918). The aldermen of the city shall constitute the common council thereof, and the presi- dent of the common council shall be its presiding officer. Each alderman shall receive for his services an annual salary of one hundred and fifty dollars. Sec. 22. In the proceedings of the common council each alderman shall have one vote, and the president of the com- mon council shall have a casting vote when the votes of other members are tied. Sec. 23. A majority of the members of the common coun- cil shall constitute a quorum, and for this purpose the presi- dent of the common council shall be deemed a member thereof. The president of the common council or other presiding offi- 15 cer shall determine a quorum by counting the members pres- ent. No business shall be transacted unless a quorum be pres- ent. Sec. 24. The common council shall hold regular meetings at least once in each month; the mayor, president of the com- mon council or any three aldermen may call special meetings by notice in writing, served personally upon the aldermen and the president of the common council, or left at their re- spective residences or places of business, or mailed to their respective post office addresses; a mailed notice must be de- posited in the post office at least twenty-four hours before the time set for the holding of the special meeting. Sec. 25. The meetings of the common council shall be held at the city hall or at such other places as the council may by resolution determine, and, except when the public interest requires secrecy, shall be public; minutes of their proceed- ings shall be kept by the city clerk, and shall, during office hours, be open to public inspection. Sec. 26. The president of the common council shall when present, preside at the meeting thereof, and shall have power to preserve order in the council chamber; in his absence the council shall choose from their number a temporary chairman, whose powers as such shall be confined to presiding on the occasion of such absence. Sec. 27. The common council shall have power, subject to the provisions of this act, to determine the rules of its own proceedings, to compel the attendance of members by fine or otherwise, and shall be the judge of the election and qualifi- cation of its own members. Sec. 28. Every resolution of the common council, except such as relates to the order of business, the rules of its pro- ceedings, or the appointment and trial of officers, and every ordinance before it takes effect, shall be forthwith presented to the mayor, duly certified by the city clerk; if the mayor ap- proves it, he shall sign it and upon such approval the same 16 shall take effect immediately; if he disapprove it, he shall return it with his objections in writing and file the same with the city clerk within five days (Sundays excepted) after he receives it; the city clerk shall present the same with stuck objections to the common council at its next meeting and the common council shall cause such objections to be entered at length on the minutes at the next regular meeting after the filing of such veto as aforesaid, or at a special meeting called within ten days after such filing, the common council may pass such ordinance or resolution over the mayor’s veto by the concurring vote of two-thirds of all the members in office, taken by ayes and nays and entered on the minutes, in which case it shall take effect. If such resolution or ordinance shall not be returned by the mayor within five days (Sundays ex- cepted) after he shall have received it, it shall take effect in like manner as if he had signed it. The city clerk shall upon its enactment cause every ordinance to be published in the official newspapers of the city for such time as the common council shall by resolution provide. Sec 29. (As amended by Chapter 651 Laws of 1906). The common council shall have power to enforce obedience to all the ordinances passed by it, ordaining penalties for every vio- lation thereof, not exceeding a fine of fifty dollars for any one offense. Sec. 30. The common council shall have the management and control of the finances and of all the property real and personal belonging to the city except as otherwise provided by this act or by any other provision of law not inconsistent herewith. The common council shall have power to deter- mine the amount of expenditures each year to be made by any administrative board except as herein otherwise provided. Sec. 31. The common council shall have the management and control of the city hall and the power to designate the rooms therein which shall be occupied by the several boards or officers of the city; all moneys necessarily expended by the common council in the care and maintenance of such city shall be paid from the general city fund. 17 Sec. 32. No member or committee of the common council shall have power to employ any person, incur any expense or purchase any materials for or in behalf of the city or any of its officers, boards or departments, except as provided by res- olution of the common council. Sec. 33. The standing committees of the common council shall be appointed by the president of the common council. Sec. 34. The legislative powers of the city shall be vested m the common council and the powers of the common council shall be legislative only, except as otherwise provided by this act and any other provision of law not inconsistent herewith. The common council shall have all the powers conferred upon it by this act and by the general laws of the state. Sec. 35. (As amended by Chapter 651 Laws of 19*06). The common council shall have the power to provide by ordinance or resolution for the enforcement of the powers hereby ex- pressly granted to it or to any of the boards or officers of the city, where the method of the execution of the powers is not herein expressly prescribed, and shall have power to pass any ordinance or resolution not repugnant to the constitution or the laws of this state, not prohibited herein or inconsistent herewith, for any local purpose pertaining to the government of the city, the management of its business, the preservation of order, peace, health, safety and welfare of the city and the inhabitants thereof, and shall have such powers of legislation by ordinance or resolution as are conferred upon it by this act or by any other law; but this general provision shall not be construed to authorize the raising or expenditure of money, excepting as herein expressly provided; and for these pur- poses the common council shall have the power particularly to enact ordinances for the following purposes: 1. To restrain public vice and immorality, to preserve peace and good order, to restrain and quell riots and disor- derly assemblages and to prevent any noise or disturbance. 2. To restrain and suppress disorderly and gaming houses 18 and houses of illfame, to prohibit and require the destruction of all instruments and devices used for gaining; to regulate the use of billiard tables, bowling alleys, pistol galleries and to prohibit all exhibitions of any natural or artificial curiosi- ties, caravans, circuses, theatrical or other shows, concert sa- loons, exhibitions or performances free or for money, or to license the same upon such terms as the common council may determine; to punish vagrants, mendicants, common prosti-' tutes, street beggars and disorderly persons and to suppress and to punish drunkenness and disorderly conduct in the pub- lic streets and places. 3. To suppress horse racing and immoderate driving or riding, to regulate the speed at which persons may drive or ride in the streets or highways of the city; to regulate and control the rate of speed at which street cars, velocipedes, tricycles, bicycles or other vehicles may be run, and to regu- late or suppress the riding thereof upon the sidewalks of such streets or public places as the Common Council may deter- mine ; to prohibit every game, practice or amusement in the public streets or elsewhere, having the tendency to frighten teams and horses or to injure or annoy persons passing in or along the streets of the city, or to injure property and to regu- late the passage of traction or other engines upon the streets; to prohibit bathing, or to determine the time, manner and places of bathing in the river, streams or ponds within the city and to regulate the care of horses upon the streets. 4. To establish and regulate public pounds and to pre- scribe the fees and duties of the pound master; to restrain the running at large of cattle, horses, swine, sheep, goats and fowl and to authorize the restraining, impounding and sale of the same for the penalty incurred and the costs of keeping and proceedings; to make regulations for taxing and confin- ing dogs and for destroying such as may be found at large, and to regulate or restrain their . running at large. 5. To suppress or regulate the ringing or tolling of bells, blowing of steam whistles or horns or the firing of guns, 19 powder or other explosives and the making of any improper noise which may tend to disturb the peace of the city, and to regulate the sale and use of firecrackers, rockets, squibs or other explosives. 6. To compel all persons to remove snow, ice, dirt or other obstructions from the sidewalks in front of the premises owned or occupied by them; to prevent incumbering the streets, sidewalks, lanes, alleys and public squares within said city; to permit building material to be deposited on the street in front of any lot for such time as the Common Council may prescribe; to prohibit the gathering or assemblage of persons upon the public streets or parks, to authorize the police to dis- perse all such gatherings or assemblages of persons and to restrain any person or persons from obstructing any of the sidewalks of the city; to restrain encroachments upon the streets, public squares, parks or public property and obstruc- tions to the free use of the same and to regulate the placing of signs, sign posts, awning posts, hitching posts, horse troughs and horse blocks upon the streets ; to prohibit and regulate the erection of poles, wires, cables or other conductors for the transmission of electric currents. 7. To regulate and restrain hawking and peddling in the streets; to regulate, tax or license pawnbrokers and auction- eers and the sale of goods at auction upon the streets or pub- lic places of the city; to regulate the time, place and manner of vending meat, fish and vegetables; to regulate or prohibit the making or keeping of markets for the sale of meat or fish, except at such places as the Common Council shall designate, and to regulate the vending and peddling of milk and water; to regulate or prohibit the erection, keeping or using of slaugh- ter houses in said city; to establish public markets and to regulate and control the same; to regulate and prescribe the place of weighing hay, straw or coal and of marketing the same, and of marketing wood, grain or other commodities; to appoint weighers and measurers, limit their fees and pro- hibit and prevent the offering for sale of any such commodi- ties in any public street of the city without the same having 20 been weighed or measured and :o require such weight and measure to be made known to the purchasers; to regulate the inspection and sealing of weights and measures, and to en- force the keeping and use of proper weights and measures within the city. i 8. To license and regulate cabmen, expressmen, truckmen, drivers of hackney carriages, stages and omnibuses or other conveyances for the transportation of passengers and bag- gage, and to fix their rates of compensation; to regulate run- ners or solicitors of stages, railroads, hotels, public houses or other establishments. 9. To provide for the care, protection and safety of public property; to prescribe the location of all houses for storing gunpowder or other combustible and explosive substances, and to regulate the keeping, selling or conveyance thereof, and the use of candles and lights in bams, stables and outbuild- ings; to prescribe the limits within which the erection or placing of wooden buildings shall be prohibited; to regulate the erecting of buildings within said limits and to prescribe the materials of which they may be constructed; to prevent the injury or defacement of fences, posts and buildings in said city, and to protect the parks and public grounds of said city; to regulate the width of tires of draught wagons (the term “ draught wagon” shall mean a wagon to carry a load of twelve hundred pounds or more). 10. To prevent rubbish, carcasses of animals or any nau- seous or improper substances from being deposited upon the shores or banks of the river or within the said city; to pre- scribe a place for dumping and depositing refuse matter; to provide for and regulate the collection or removal of swill, garbage or refuse; determine what are nuisances and to require their abatement. 11. To regulate and control the use of public storm water sewers in said city; to prevent the discharge of water from any building, yard or alley, through a leader or otherwise 21 over a sidewalk on any street or section of a street, through which a public sewer is maintained. 12. To license and regulate bill posting, bill distributing and sign advertising. 13. To regulate the burial of the dead; to protect the pub- lic cemeteries and to regulate and restrict the extension of cemeteries and burial grounds. 14. To regulate the planting, removal, trimming or care of shade and ornamental trees along the streets and sidewalks of said city, and to prevent the injury or destruction thereof. 15. To regulate or restrain the obstruction of streets by locomotives and cars; to prescribe and regulate the rate of speed at which cars and locomotives may run in said city; to require railroad companies to erect gates at crossings at grade in said city, to compel the employment by them of competent men to attend the same, and to make regulations for the man- agement thereof, or to compel the employment of competent flagmen at such crossings as the common council may direct. 16. To enact all such ordinances as may be necessary to carry into effect any general power or discharge any duty conferred or imposed by this act. Sec. 36. The common council shall have power to modify, rescind, amend or repeal any ordinances enacted by it. Stec. 37. The city may maintain an action to restrain by in- junction the violation of any ordinance passed by the common council, notwithstanding such ordinance may provide a penalty for such violation. Sec. 38. Every ordinance shall, within a reasonable time after its passage as herein provided, be recorded in a book kept for that purpose by the city clerk; such record shall in- clude the signature of the president, the attestation of the clerk, and the mayor’s written approval, or in case of his 22 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 it within five days, then a memoran- dum to that effect. Such record or a certified copy thereof shall be presumptive evidence of the passage of any ordinance in any court. Sec. 39. No ordinance shall be passed by the common coun- cil on the same day on which it is introduced except by unani- mous consent, and no appropriation of any moneys shall be made for any purpose except by an ordinance or resolution passed by a majority of all the members, specifying by items the amount thereof, and the board or specific purpose for which the appropriation is made; and no resolution or ordi- nance shall be passed making or authorizing the sale or lease of city real estate belonging to or under the control of the city, except by the vote of two-thirds of all the members of the common council; and in case of the sale of real estate the resolution must provide for a disposition under proper regu- lations for the protection of the city, at public auction, after public notice, to the highest bidder. Sec. 40. (As amended by Chapter 468, Laws of 1905). Whenever any executive or administrative function shall be required to be performed by any ordinance or resolution of the common council, the same shall be performed by the proper executive or administrative officer of the board designated in the ordinance or resolution, and in case no such designation be made the mayor shall make the same. Sec. 41. The common council may, by ordinance not in- consistent with the provisions of this act, or the laws of the state, regulate the powers and duties of any city officer; and it shall have power to investigate all city officers and boards and shall have access to all records and papers kept by any city officer or board; and shall have power to compel the at- tendance of witnesses and the production of books, papers and other evidence at any meeting of the common council or any of the committees thereof, and for that purpose may issue subpoenas signed by its president; the common council shall also have power to provide for the enforcement by ordinance of any regulation of any administrative board for the con- duct of the affairs committed to said board. Sec. 42. (As amended by Chapter 442, Laws of 1912). The common council shall have power, and it shall be its duty at the first meeting in January in each year, to designate one official newspaper for the publication of official notices, and such other matters as are required by this act or any other statute, to be published at the city’s expense. The paper so designated shall be published in the city of Rome, and regard shall be had to its regular and general circulation in said city, copies free to recipients being eliminated in computing said circulation. The common council may prescribe the form in which the proceedings and reports of the city officers, boards and 'departments shall be issued, and the printing and binding of the same shall be performed under contract awarded by the common council. Whenever any part of this act now requires any publication in two or more official newspapers, publica- tion in one official newspaper shall be sufficient. Sec. 43. All the funds of the city not expressly placed in the control of any board shall be under the control of the com- mon council, and no moneys shall be paid out of such funds by the city treasurer except upon warrants drawn by said common council upon the treasurer and signed by the presi- dent of the common council, stating in every instance the name of the person or corporation to whom it is payable, the amount thereof, what the payment is for and from what fund it is to be made, with a reference to the resolution authorizing the payment, specifying the date thereof. Sec. 44. The common council shall have the power, sub- ject to the general laws of the state, in the manner provided in this act, to grant franchises to take effect only in the city. Sec. 45. The common council is hereby authorized and is granted power, from time to time, to annex and make any 24 part of the territory of said city, not by this act described as being within the corporation tax district and contiguous to said district, a portion of such district, whenever a majority of the property owners in value of the lands and real estate and residents so proposed to be annexed, according to the valuation of the last preceding assessment roll as to such prop- erty, shall petition the same, or whenever the common council shall elect, after notice duly published as herein provided for the publication of notices of special elections, addressed gener- ally to the residents and property owners of the territory there- in described as proposed to be annexed, of such intention, and an opportunity given to be heard in opposition; but the common council may nevertheless by a majority vote annex the same, and it shall on such vote become a part of such district and thereafter all the provisions of this act relating to the portion of the city within the corporation tax district created hereby, shall govern the territory so annexed. TITLE IV. CITY OFFICERS— THEIR POWERS AND DUTIES. Sec. 46. (As amended by Chapter 468, Laws of 1905, and Chapter 542’, Laws of 1918). The mayor of the city of Rome shall be the chief executive officer thereof. He shall have and exercise all the powers conferred upon mayors of cities by any general law and all the powers conferred upon him by this act. It shall be his duty to enforce all the laws governing the city and the ordinances and resolutions passed by the common council. He shall be the executive head of the fire and police departments of the city and shall have the power to call out and command the police and fire departments whenever in his dis- cretion he shall deem it necessary. He shall have the right to veto all resolutions, ordinances and acts of the common council within five days (Sundays excepted) after a certified copy thereof shall have been presented to him by the city clerk, ex- cept such as relate to the organization of the common council and procedure therein, and the appointment and trial of offi- cers. He may likewise veto any separate items of any ordinance 25 or resolution providing for the expenditure of money or any separate portion of any such ordinance or resolution relating to a separate subject; he shall within five days (Sundays ex- cepted) after the receipt of a certified copy of such resolution or ordinance transmit to the common council in writing his veto thereof and liis reasons therefor by filing the same with the city clerk. It shall be his duty from time to time, as the public interests require, to communicate with the common council orally or in writing upon any subject of which it lias jurisdiction and he shall have power to recommend to the common council or to any of the administrative boards of the city, from time to time, such measures as he shall deem necessary or expedient for it or them to adopt and he shall transmit to the common council at its first meeting in January in each year a statement of the general affairs of the city in relation to its finances, gov- ernment and improvement with such recommendations as he may deem proper. He shall, except as herein otherwise pro- vided, sign all leases, deeds, contracts and other papers made and entered into by the city and cause to be affixed thereto the city seal and slialJ issue all licenses authorized by the common council. It shall be his duty and he shall have the power to make all necessary investigations into the conduct of all officers of the city and of all boards thereof. He may compel the at- tendance of witnesses and the production of books and papers at such investigations by subpoena, issued under his hand, and his subpoena shall have the force and effect of a subpoena issued out of the supreme court; he shall have power to prefer charges against all elective officers of the said cty for malfeasance, non- fea ance, or other misconduct in the discharge of their respec- tive official duties, and to present the same to the common council ; he shall make appointments to office, authorized to be made by him, without unreasonable delay. The mayor shall re- ceive for his services an annual salary of five hundred dollars until December thirty-frst, nineteen hundred and eighteen, and thereafter shall receive for his services an annual salary of fif- teen hundred dollars. • Sec. 47. (As amended by Chapter 468, Laws of 1905, and re-enacted by Chapter 542, Laws of 1918). The president of the 26 common council shall preside at its meetings and have a casting vote on all questions arising therein only when the vote of the other members are tied; in case of the temporarp absence or dis- ability of the mayor, he shall be acting mayor of the city, but without the power to appoint ; and if a vacancy in the office of mayor shall occur, he shall be the mayor of the city for the resi- due of the mayor’s term, in which case the common council shall elect one of its members president of the common council for the residue of the term. The president of the common council shall receive such reasonable compensation by the day for the ser- vices actually performed by him as a member of the board of review of assessments as the common council shall determine, not exceeding two hundred dollars annually. Sec. 48. (As amended by Chapter 703, Laws of 1911, and Chapter 424, Laws of 1917). The city treasurer shall be the fiscal officer of the city; he shall perform the duties, possess the powers and be subject to the liabilities and obligations pre- scribed by law for town collectors, subject to the provisions of this act; he shall be the collector of all taxes and assessments within the limits of the city and he shall receive, keep and dis- burse all moneys belonging to the city and to every board there- of. It shall be his duty to collect all moneys due the city, includ- ing taxes and assessments, with due diligence and any neglect in so doing shall be cause for his removal from office. He shall pay no moneys from the treasury of the city excepting upon warrants signed as herein provided, specifyng from what fund and for what purpose the amount named therein is payable, to- gether with the date of the resolution authorizing the payment thereof; he shall file all such warrants and keep a complete sys- tem of double entry book account of all the financial affairs of the city. The common council shall at its first meeting in each year designate some incorporated bank or banks located in the city of Home for the deposit of all moneys belonging to such city and shall notify the treasurer of such designation; a bank once designated shall continue to be the place of deposit until another shall be designated. Every bank designated as a de- pository of city funds pursuant to this section shall execute a bond to the city with such sureties and for such an amount as 27 the common council shall determine. The city treasurer shall deposit to the credit of the city of Rome once in each day all moneys in his hands excepting one hundred dollars or less in such hank or banks as the common council shall have desig- nated, as above provided. All interest allowed by such bank or banks upon any money so deposited shall belong to the city and be credited to the city by said bank or banks. The city treasurer shall present to the common council at its first meet- ing in each month a statement of the aggregate receipts and disbursements on account of each fund of the city during the preceding month and the balance on hand belonging to each fund of the city, and such statement shall be filed with the city clerk ; he shall also at the end of each month present to each of the administrative boards of the city a statement of the aggre- gate receipts and disbursements during the preceding month on account of the fund set apart for such boards. He shall ex- hibit to the common council at its last meeting in each year a full account of all receipts and payments after the date of the last annual report of the treasurer and also the state of the city treasury, and such report shall be printed and published in the official papers. The treasurer shall not overdraw any fund but when any fund is exhausted shall notify the city clerk, who- shall notify the board whose funds may be exhausted; each of the funds created by virtue of the provisions of this act shall be kept inviolate and devoted to the purposes for which it is created and no moneys shall be drawn from any fund to supply deficiency in any other fun'd. The salary of the city treasurer shall be fixed by the common council at not to exceed eighteen hundred dollars per annum, which sum shall include and be in full payment of all extra help or services which said city treas- urer may require, including the salary or compensation of a deputy city treasurer; provided, however, that in case of dis- ability of the city treasurer such extra help and service may be provided by the common council as it may deem necessary, at the expense of the city. The city treasurer may appoint a dep- uty city treasurer for such period of time as he may deem ad- visable; and such deputy city treasurer, in the case of the ab- sence or disability of the city treasurer, shall have and possess all the powers and perform and discharge all the duties of the 28 office of city treasurer until the city treasurer returns or his disability ceases. The city treasurer shall be liable to the city for all losses sustained by any act of misconduct or failure to account for moneys on the part of the deputy city treasurer. Sec. 49. (As amended by Chapter 703, Laws of 1911, and Chapter 424, Laws of 1917). The city clerk shall keep the city seal and be the custodian of all papers and records belonging to the city; he shall act as clerk of the common council and as clerk of the board of audit. He shall keep an accurate account of all moneys received by him as clerk, and upon receipt thereof pay the same over to the city treasurer, take his receipt therefor and file the same in his office. He shall also keep such accounts of the city as the common council shall direct. All papers and rec- ords kept and filed in the office of the city clerk shall during office hours be open to inspection by any citizen or taxpayer of the city. He shall countersign all warrants drawn upon the city treasurer by the common council and shall keep an accurate ac- count of such warrants in a book to be provided for that pur- pose, which shall be open to the inspection of any elector of the city at all reasonable hours, and he shall report to the common council at its. first regular meeting in each month the aggregate amount of the orders drawn by him on each fund during the preceding months; and in each of said reports shall specify what amount to the credit of the general city fund must be re- served to pay salaries and other fixed expenditures. He shall not sign any warrant on any fund when such fund is exhausted. The salary of the city clerk shall be fixed by the common coun- cil at not to exceed eighteen hundred dollars per annum, which sum shall include and be in full payment of all extra work, help or services which said city clerk may require, including the salary or compensation of a deputy city clerk; provided, how- ever, that in case of disability of the city clerk such extra help and service may be provided by the common council as it may deem necessary, at the expense of the city. The city clerk may appoint a deputy city clerk for such a period of time as he may deem advisable; and such deputy city clerk, in the case of the absence or disability of the city clerk, shall have and possess all the powers and perform and discharge all the duties of the 29 office of city clerk until the city clerk returns or his disabilty ceases. The city clerk shall be liable to the city for all losses sustained by any act of misconduct or failure to account for moneys on the part of the deputy city clerk. All fees received by the city clerk under any provision of law shall belong to the city and be paid by him to the city treasurer. THE CITY ATTORNEY. Sec. 50. The city attorney shall be the official legal ad- viser of the mayor, the common council and the boards and other officers of the city. He shall prosecute and defend all actions or proceedings brought by or against the city or by or against any of its officers as such; he shall, whenever the mayor or city judge directs, represent tiie city in all proceed- ings and prosecutions in the city court for the violation of any ordinance of the city; he shall pay over all moneys received by him for the city without delay to the city treasurer. The salary of the city attorney shall be one thousand five hundred dollars per year. No person shall be eligible to the office of city attorney unless he be a resident of the city and a coun- sellor of the supreme court. No moneys for salaries or serv- ices rendered the city as legal adviser or counsel, except as in this section provided, shall be paid or liability therefor in- curred by the common council of the city, except upon the con- sent of the common council and the mayor of the city. Sec. 51. (As amended by Chapter 571, Laws of 1915). The city assessors shall, except as herein otherwise provided, have as to the city all the powers and perform all the duties con- ferred and imposed upon town assessors by the revised statutes, and all other general laws of the state relating to taxes and assessments, and shall make up the assessment roll for the city within the same time and in the same manner as is provided for assessment rolls for towns; each assessor shall be a free- holder in the city and two of them shall be residents of the cor- poration tax district of the city, and shall receive as compensa- tion for all services rendered under this act or by virtue of any statute the annual salary of not to exceed seven hundred dol- lars, the amount to be fixed by the common council. 30 The city clerk shall keep in his office, except when the board of assessors shall require them, maps and surveys of all the tax- able property of the city, certified by the city engineer when made as hereinafter provided, which maps and surveys shall show correctly the location and boundaries of all pieces of prop- erty taxed or taxable and the name of the owner, person or cor- poration assessed. It shall be the duty of the city engineer to provide such maps and surveys under the supervision and direction of the board of assessors. Before any expense shall be incurred in connection therewith the same shall be approved by the common council. For the purpose of making such maps and surveys said board of assessors, acting with the city engineer, shall divide the city into districts as may be advisable, and said board of assessors shall have the power and it shall be its duty to make a notation on each map and survey so provided and kept by it showing changes, and each notation shall be deemed to be a part of each map and survey, and it shall also be the duty of the board of assessors to make said notations on said maps and surveys at least once in each month. Reference shall be made to each map and survey in making the assessment rolls or tax lists in all local assessments, rolls or lists and in all assessment rolls prepared for any purpose for use in said city; and also in all certificates, notices and convey- ances of property sold. Reference to each map and survey, assessment rolls, tax lists and assessment lists when made may be generally in captions thereto, provided, however, that until such maps and surveys are made, fully completed and filed, that said assessment rolls, tax lists and assessment lists, certificates of sale and conveyance, of property shall be made as heretofore according to the law in force at the time this act takes effect. Every deed of conveyance of lands in said city shall be pre- sented to the city clerk and stamped by him showing the time of such presentation before it shall be recorded, and if the county clerk shall record any deed or conveyance of lands in the city of Rome which has not been stamped by the city clerk of said city he shall forfeit to the city the sum of ten dollars; but nothing herein contained shall affect the validity of a deed re- corded without being stamped. 31 Every map, plot or subdivision of land into blocks or lots shall, before it shall be filed in the office of the clerk of the county of Oneida, or in any city office, be presented to said city clerk, and a copy thereof filed in the office of the city clerk, and the said original map or plot shall be stamped as aforesaid by said clerk. If any such map or plot which has not been so stamped shall be placed on file by any such officer he shall for- feit to the city of Rome the sum of ten dollars. THE CITY JUDGE. Sec. 52. The city judge shall have all the powers and per- form all the duties conferred and imposed by the provisions of this act. Sec. 53. (As amended by Chapter 575, Laws of 1909, and Chapter 542, Laws of 1918). The city sealer of weights and measures, when directed by the mayor as such city sealer, shall inspect and examine weights, measures, scale beams, measures of extension and weighing apparatus, and shall at such times possess the like powers and be subject to like obligations as the sealers of the several towns of this state and shall receive such fees for such services as are fixed by law, or where they are not fixed by law, as the common council shall by ordinance deter- mine. The common council may, however, in its discretion, fix a salary of not to exceed one thousand dollars per year, to be paid by the city to the said city sealer of weights and measures, which salary shall be in lieu of all fees and other compensation to which such city sealer of weights and measures would other- wise be entitled. He shall also have supervision over and take charge of public markets and shall perform such other duties in connection therewith as the mayor may direct. Sec. 54. (As amended by Chapter 468, Laws of 1905, and Chapter 542, Laws of 1918) . The board of public works and the board of water and sewer commissioners shall by joint action hire a competent civil engineer whose duty shall be to perform such work, with regard to surveying, engineering and other similar work, as may be ordered by and come under the juris- 32 diction of each board. He shall under the direction of said board of public works, within two years after the passage of this act, or as soon thereafter as it may be possible, fix and establish to the approval of the board of public works and map the grade lines of all streets, sidewalks, and public squares in the city; shall cause to be prepared a map of the city showing the boundaries and alignments of all streets, public places and squares, the location of the sewers and water mains, and shall thereafter change and add to such maps so as to make them con- form to and show any alterations, additions or extensions in said grade lines, boundaries, alignments, sewers and water mains that shall be made. Any maps of the city or parts of the city conforming substantially to the requirements of this sec- tion heretofore made by the authorities of such city or any de- partment thereof, may be regarded as made hereunder and may be used in place thereof, or as a part of the maps as hereby re- quired. He shall also map such extensions, additions and alterations that may be made from time to time, in the record books or atlases of the water works and sewers kept in the office of the board of water and sewer commissioners. He shall be provided with an office where he shall keep all notes, books, maps, drawings and records received or made by him or under his direction and which shall be properly indexed and transmit- ted with all other matters and property pertaining to or belong- ing to his office, to his successors. He shall personally superin- tend the opening, making, constructing and paving, macadamiz- ing, repairing and grading of all streets, sidewalks and cross- walks, gutters, storm sewers and drains, and the measurement of all work done on the streets ’or on the public places in the city, and make all preliminary surveys therefor, and prepare plans, profiles, specifications and estimates therefor when nec- essary or when required to do so by the said board of public works. He shall, subject to the direction of the said board, su- perintend all repairs, improvements to and upon streets and public places in the city, including the cleaning of streets, and building and repairing of storm sewers, drains or bridges which the city is bound to maintain, the laying of gas and water pipes; the setting of hydrants in the streets, and shall perform such other duties as may from time to time be required by the 33 board of public works and water and sewer commissioners, or either of them. He shall have no power to contract debt or lia- bility on the part of the city except as authorized by one of the said boards having such matters under its control. He shall not be interested directly or indirectly in any contract with the city of Rome made pursuant to the provisions of this title. The board of public works shall fix his compensation, not to exceed three thousand dollars, and may remove him at pleasure. Of said compensation one-fifth part thereof shall be payable by the board of water and sewer commissioners from the funds of the water department. The said board of public works shall have the power and they are hereby authorized to hire such as- sistants and helpers to and under the said engineer as may be necessary for the performance of his duties. The said engineer shall be designated the “city engineer” and he may be required to give a bond, in form, manner and amount to be determined by said board, for the faithful performance of his duties. All books, note books, papers, maps, drawings, records, notes, tools, furniture, instruments, and supplies now in the office of the city engineer and belonging to the city of Rome shall be retained in the office of the city engineer to be appointed under this act, and shall be under the care and control of the said board of public works. THE CONSTABLES. Sec. 55. The constables of the city shall perform such du- ties as are by law prescribed for constables in the towns and counties of the state, and shall be entitled to the same fees therefor. The said constables shall not as such be compelled to serve within the city of Rome any summons, warrant or other process issued by the city court for the execution of the laws of the state for the prevention of crime and punishment of criminal offenses or of the police laws or regulations of the state or of the said city or of proceeding collateral to or con- nected with the execution of such general laws or police laws or regulations, nor shall the county of Oneida, or any of the towns therein, or the city of Rome, be liable to pay any such constable any fees for services under such summons, warrant or process. 34 THE POUND MASTER. Sec. 56. Tlie pound master shall have charge of the city pound and perform the duties imposed upon him by this act or by the city ordinances, and shall be entitled to such fees as the common council may by ordinance prescribe. Sec. 57. (As amended by Chapter 573, Laws of 1915, and Chapter 512, Laws of 1918). The janitor of the city hall shall have the care and custody of the city hall and perform such ser- vices in reference thereto as the common council or the mayor require, including the care and custody of the police station. He shall receive such reasonable compensation as the common council may provide, not exceeding twelve hundred dollars per annum, out of which he shall pay all expenses for employes that may be necessary to keep the said city hall, including said police station, in a clean and sanitary condition. ALDERMEN Sec. 58. It shall be the duty of every alderman in said city to attend the regular and special meetings of the common council and to act upon committees when thereunto appointed by the president of the common council or the common coun- cil, and each alderman shall possess such powers as are con- ferred by any general law upon aldermen of cities. SUPERVISORS. Sec. 59. The supervisors provided for by this act shall have the same powers and duties as supervisors of any town in the county of Oneida, except as otherwise provided by this act, and the said supervisors shall be members of the board of supervisors of the county of Oneida, and shall be entitled to the same compensation and be paid in the same manner as other members of said board. THE BOARD OF AUDIT. Sec. 60. The mayor, president of the common council and the presidents of the five administrative hoards named in this act, shall constitute the board of audit, and the mayor shall be the chairman thereof. Every pecuniary claim or demand arising 1 upon contract against the city or any board thereof, shall in the first instance be filed with the city clerk and shall contain the items of the claim and be sworn to by the claimant or his duly authorized agent; the city clerk shall present the claim to the common council if the claim originated there, or to the board from which the claim originated. The common council and each board are hereby authorized to audit claims arising in their respective departments and to order paid such as in their judgment are correct. All such claims, if disputed, and all claims for injuries or damage resulting from the al- leged negligence of the city or any of its officers shall be re- ferred to the board of audit. A disputed claim within the meaning of this section shall be a claim to which objection to payment is made by at least two members of the common council or of any administrative board; and objection may be made by any two members of the common council or of anr of said boards to the payment of any claim. The board of audit shall examine into such disputed claim or claims for damage resulting from alleged negligence as speedily as prac- ticable, and shall report the result of such examination with its recommendation in case of claims for damages resulting from alleged negligence or disputed claims originating from the common council, to the common council, and in other cases to the board from which the claims originated; and the said common council or board, as the case may be, shall in case the claim was allowed by said board of audit, pay the same at the amount allowed by said board, or in case such claim was rejected by said board of audit, shall refuse pay- ment thereof. The board of audit shall have power and it shall be its duty to investigate the accounts of every board and officer of the city, shall have access to all books and ac- counts of the boards and of all offices of the city, and may compel the attendance of witnesses and the production of papers before it by subpoena, noncompliance with which shall be subject to such penalty as the common council may by or- dinance prescribe and each member of said board of audit 36 may administer the oaths to witnesses and intentional false swearing as to any material fact by any witness under exami- nation by the hoard of audit shall be perjury. The board of audit is authorized to employ accountants for the examination of the city’s accounts and the expense thereof shall be paid by the city treasurer out of the general city fund. No dis- puted bill or claim for injuries or damages resulting from al- leged negligence shall be paid or allowed before the board of audit shall have reported thereon as herein provided, and no action shall be brought thereon until forty days after the pres- entation thereof to the city clerk. Said board shall be a board of town auditors and as such shall audit all town ac- counts. THE BOARD OF REVIEW. Sec. 61. The president of the common council, the city at- torney and the assessors shall be a board of review of all as- sessments and shall have all the powers conferred and be sub- ject to all the duties imposed by law upon town assessors sit- ting in review of their assessments; it shall be the duty of the assessors to make out the assessment rolls according to the determination of the board of review of assessments. Sec. 62. No officer of the city or of any board thereof shall in any manner be interested directly or indirectly in any con- tract to which the city or any board thereof shall be a party, which he as such officer has taken or shall take any part in au- thorizing for the purchase or hire of any property, furnishing materials or for furnishing or performing any work, labor or service except in respect to his own compensation from the city or any board thereof, or in the granting of any franchise or privilege; and no officer elected or appointed shall receive any perquisite, emolument, fee or compensation except his sal- ary, or pay from the city or any board thereof for any act done or service rendered by him in his official capacity nor shall he accept or receive any sum of money or other valuable thing, fee or commission upon or derive any advantages from the sale or hiring of any property to or by the city or any board 37 thereof. The violation of any provision of this section shall be a misdemeanor. Sec. 63. The city clerk, city judge, city treasurer, con- stables and any other officer required so to do by the com- mon council, shall severally before assuming their offices ex- ecute a bond to the city in such sums as the common council shall direct, and with such sureties as the common council shall approve, conditioned for the faithful performance of the duties of their respective offices, and that they will properly apply and account for all moneys and other property received by them respectively. All bonds given by such officers shall be filed and recorded in the office of the city clerk in a book to be kept for that purpose. The neglect to execute and file an official bond as above provided by any officer required so to do prior to his assuming the duties of his office, and in case such bond shall be required by the common council after the commencement of his term of office, within ten days after such requirement, shall create a vacancy in such office. In all cases in which a bond is required from any officer by the provisions of this act the sureties therein shall justify to an amount which shall be in the aggregate twice the penalty of such bond. Sec. 64. The respective city officers shall have such powers and duties in addition to those enumerated in this title as are conferred or imposed by this act. Sec. 65. The mayor, president of the common council (ex- cept for his services as member of the board of review), the members of the common council and of all administrative boards shall serve without compensation, except as herein otherwise provided. TITLE V. THE ADMINISTRATIVE BOARDS. Sec. 66. The administrative boards of the city shall be as? follows: 1. The board of public works. 2. The board of water and sewers. 3. The board of fire and police. 4. The board of health. 5. The board of charity. Sec. 67. Each of said boards shall hold its meetings at the city hall or at such other place as the common council may provide; the meetings of each board shall be public except when the public interests require secrecy, and the minutes of its proceedings shall at all times be open to public inspec- tion; each board shall hold regular meetings , and shall have power to fix the time of its own meetings; special meetings of the boards may be called by the president or any two mem- bers thereof, by serving a notice in writing, specifying the purpose of the special meeting, upon each member personally or by leaving such notice at the residence or place of business of each member or mailing the same to his post office ad- dress; a mailed notice must be deposited in the post office at least twenty-four hours before the time set for the holding' of such special meeting. Sec. 68. Each of the said boards shall at the first meeting' in January of each year organize by the election of one of the commissioners thereof as president for the ensuing year, who shall hold office until his successor is in like manner elected; in the temporary absence or disability of such presi- dent the board may fill such vacancy from its number. 39 Sec. 69. Each board shall have power to prescribe rules of its procedure, to compel the attendance of absent members and to make rules and regulations for the employment and dismissal of employes of the board and the discipline and government of the same. Sec. 70. A majority of the commissioners of each board shall constitute a quorum thereof, but no resolution calling for the expenditure of money shall be passed by any board except upon a concurring vote of a majority of all its mem- bers and the vote upon such a resolution shall be by ayes and nays and entered upon the minutes of the board. Sec. 71. Each board shall cause to be kept accurate min- utes of its proceedings which shall be recorded by the clerk thereof in a book to be provided for that purpose. Sec. 72. Whenever required by resolution of the common council to make a report upon any subject specified in such resolution a board shall report to the common council as re- quired. It shall also be the duty of each board to make a re- port to the common council on the first day of January in each year showing in detail all its accounts, receipts, expendi- tures and obligations for the preceding fiscal year; such an- nual report shall be verified by the president of the board, and shall, together with the annual report of the city treasurer, be published by the city clerk in the official newspapers of the city. Sec. 73. No board shall enter into any contract or incur any liability against the city beyond the amount authorized as in this act provided. No commissioner or officer of any board or any other officer shall have power to make any pur- chases, create asy liability or contract any debt on the part of any board unless authorized so to do by resolution of such board. Sec. 74. The several boards of the city shall not be cor- porate bodies, but departments of the city government, and all suits at law in relation to any matter under the control of 40 the respective boards shall be brought by or against the city. Sec. 75. All contracts entered into by any board shall be in the name of the city of Rome, and signed by the president thereof in behalf of the city, pursuant to resolution entered upon the minutes of the board. Sec. 76. The salary of the superintendent of each board shall be paid by the board out of the funds set apart for the use of such board as in this act provided. Each of the boards of said city except the board of water and sewers may by reso- lution require the services of a clerk who shall be appointed by the mayor and whose compensation shall be fixed by the several boards with the approval of the mayor as to amount. The superintendent of the board of water and sewers shall act as clerk to said board. TITLE VI. THE BOARD OF PUBLIC WORKS. Sec. 77. The commissioners of public works, appointed as hereinbefore provided, shall constitute the board of public works. Sec. 78. The board of public works shall in and for the city have all the powers and perform all the duties of commis- sioners of highways in towns, except as herein otherwise pro- vided. The said board is vested with the charge, manage- ment, control and maintenance of the bridges, highways, streets, storm water sewers, gutters, curbs, sidewalks, public parks, places and squares within the city, and of all the ma- chinery, tools and implements used in connection therewith, and of lighting and naming the streets and giving numbers to lots and tenements and changing the same. Sec. 70. (As amended by Chapter 468, Laws of 1905). On and after January first, nineteen hundred and six, the labor system of assessments for highways in and for that part of 41 the city outside the corporation tax district shall be and is abolished, and from and after that date the highways of that portion of tlm city shall be maintained, repaired and perma- nently improved by a tax to be levied and collected the same asi town taxes upon the property, real and personal, in that portion of the city situate outside of the corporation tax dis- trict. The amount of such tax shall be determined by the board of public works of the city and shall not exceed one-half the value, at the commutation rates, of the highway labor which would be assessable under the labor system. Said board shall certify the same to the board of supervisors to be levied and assessed by them upon the property aforesaid, and when collected the same shall be kept in a separate fund to be known as the “highway fund.” Chapter one hundred and fif- teen of the laws of eighteen hundred and ninety-eight, entitled “An act to provide for the improvement of public highways”, and all acts amendatory thereof or supplemental thereto, shall apply to any public highway or section thereof situate outside of said corporation tax district, and the portion of said city lying outside of said corporation tax district, shall be deemed a town for all purposes of said act or acts, any general or spe- cial statute to the contrary notwithstanding. Sec. 80. The board of public works shall have power: 1. (Repealed by Chapter 542, Laws of 1918). 2. To make all contracts relating to the lighting contracts and naming of the streets, to the construction and repair of the bridges and highways, streets, curbing, storm water sewers, sidewalks, public places, squares and parks, cleaning streets and the removal of dirt therefrom, the grading, paving, repav- ing and macadamizing of all streets, public places and squares and the provision of all materials, machinery, implements and utensils therefor. 3. To construct, lay out, extend, alter, straighten or discon- tinue all streets, sidewalks, curbs, gutters, storm water sewers, public places, squares, parks and bridges in said city; no street shall be discontinued, and no new street opened without the 42 consent of all persons owning or interested in lands thereon, except by proceedings under the highway law. 4. To grade, pave, repave or macadamize any street or sec- tion of a street or any public place or square, and to fix and regulate the grade line of streets and sidewalks and to cause sidewalks and gutters to be made and curbs to be set of such materials as it may direct. 5. To cause all necessary surveys, maps and profiles re- lating to the streets or sidewalks now existing or which may hereafter exist, and to any work within its jurisdiction to be made. 6. To regulate the planting, trimming, rearing or remov- ing of all trees in the streets, public parks, places and squares in the city. 7. To improve and ornament the public parks and pleasure grounds and to make regulations in the management and use thereof. 8. To regulate the use of storm water sewers and to grant permits therefor. Sec. 81. (As amended by Chapter 468, Laws of 1905). It shall be the duty of the board a,s provided in section one hun- dred and forty-eight of this act to make and submit to the common council a written estimate or estimates of the expenses of said board for the current fiscal yearns follows: 1. For cleaning the streets of the city. 2. For ordinary repairs of streets, sidewalks and crosswalks of the city. 3. For the portion of the expenses of paving, macadamizing, grading or curbing, or any other new work, except sewers, which should be borne by the city at large. 4. For the maintenance and care of bridges or the building of new bnage s. 5. For the maintenance, ornamentation and improvement of the public parks of the city. 6. For the care and ordinary repairs of the storm water sewers of the city. 7. For the portion of the expense of building new storm water sewers which should be borne by the city at large. 8. For the purchase or repair of machinery, implements and utensils for the use of the board. 9. For lighting the streets and public places of the city. 10. For the maintenance and care of the highway and cul- verts outside the corporation tax district. 11. For other expenses of said board not above specifically mentioned. Sec. 81a. (As amended by Chapter 468, Laws of 1905). The common council shall have power to modify or ratify said estimates as herein provided and the said board shall not have the right to expend any greater sum than is authorized by the common council. Sec. 82. The amount raised to defray the expenses of main- taining, repairing, cleaning and improving (except paving) the streets, public places and squares of the city shall be kept in a separate fund called the “ street repair fund” and no part of the moneys in said street repair fund shall be used for any other purpose than herein specified; the amount raised to de- fray the expenses of maintaining and repairing the bridges of the city shall be kept in a separate fund called the “bridge fund ’ ’ and no part of the moneys in said fund shall be used for any other purpose than herein provided; the amount raised for the ornamentation, maintenance and improvement of the 44 pu 1C parks shall be kept in a separate fund which shall he ca e ie park fund” and no portion of said fund shall be rWd f °f ai !i ° ther r rp0Se than llerein Provided; the amount ramed for the maintenance and repair of storm water sewers and for the payment of the city’s portion of the expense of building new storm water sewers shall be kept in a separate und called the storm water sewer fund” and no pan of the moneys m said sewer fund shall be used for any other pur- pose; the amount raised for paying the city’s portion of the expense of paving shall be kept in a separate fund called the Paving und and except as herein provided no part of said fund shaH be used for any other purpose; the amount raSd lighting the streets and public places of the city shall be * TZ/r 1 caiied the “^tmg f™ d ” and no part Of said fund shall be used for any other purpose. All other moneys raised by the board of public works shall be kept in a separate fund to be known as the “public works fund.” ,, S< r’ Z ^ lle hlgllWay fund ’ tlle P ark the sewer fund, e lighting fund, the paving fund, the street repair fund, the i ridge fund and the public works fund set apart for the use of the board of public works shall be under the control of the hoard of public works and shall he paid out bv the city treasurer only upon warrants drawn by the said board upon the treasurer, signed by the president of the board, the super- intendent thereof and by the city clerk stating in everv in- stance the name of the person or corporation to whom it is payable, the amount thereof, what the payment is for and from fl ,X/ Und d 18 to be made > wi th a reference to the resolution authonzing the payment, specifying the date thereof. Sec. 84. The board of public works shall have power ex- Z e a nf H rem i° t3 , lerWiSe Pr0Vided ’ t0 acquire for and in the name of the city, by agreement or by appraisal, as herein pro- necess'irZ T, ’ e ^ ments > privil eges, rights and estates 11, l • ' f . the c- charged from the income of the same year, excepting that a contract may be made for the lighting of the public streets, parks and places of the city for a period not exceeding five years, but the total amount of the expense of lighting the streets and parks of the city for each year shall be raised by taxation as herein provided. The fiscal year in said city shall commence on the first day of January. TITLE XII. LOCAL IMPROVEMENTS AND ASSESSMENTS THEREFOR. Sec. 178. (As amended by Chapter 327, Laws of 1907, Chapter 245, Laws of 1908, and Chapter 573, Laws of 1915). Subdivision 1. Prior to the passage of any ordi- nance or resolution providing for the paving or improv- ing of any street, or portion of any street, except side- walks, the board of public works shall cause to be published for 90 at least three times a week during two successive weeks a notice in the official newspapers of the city, that at a time and place to he therein specified, it will meet to make a determination in respect thereto; such notice shall contain a brief description of the character, location and extent of the proposed improvement. Any person interested shall he entitled to be heard at such meet- ing; if before such a meeting a protest against the improvement, in writing, signed by the owners of a majority of the lineal feet frontage upon the street, section of a street, public place or square proposed to be improved, exclusive of any portion there- of owned by the city, or intersections of streets and acknowl- edged as deeds of real estate are required to be acknowledged, be filed with said board, it shall not decide in favor of the pro- posed improvement nor shall it again consider the same within one year, but the owners of a majority of the frontage of said street, or of a smaller section of the same, not less than one block in length on said street, may file with the said board a petition therefor, and in that case the said board may, at any time, decide in favor of the improvement as therein requested. If the board of public works shall determine that such improve- ment ought to be made, it shall present to the common council a plan and accurate specification of the proposed improvement with a written statement specifying the location, character and extent of such improvement, of what materials the same is to be made, and estimated cost thereof, specifying the partic- ulars and items of said cost, with a copy of the resolution of the board of public works determining that such improvement ought to be made, and an estimated statement of the amount of such expense which should be borne by the city and of the amount which should be borne by local assessment, and the amount to be paid by any street surface railway, such state- ment to be signed by the president of the board of public works. The common council shall thereupon consider such rec- ommendation and either approve, or reject the same. In case the common council approve such recommendation, it shall by resolution authorize the board of public works to make such improvement, and the city clerk shall return to the board of public works a copy of such resolution, certified by him, and the same shall be entered upon the minutes of said board. The 91 board of public works, subject to tlie approval of the common council, as aforesaid, may in its discretion adopt plans and specifications providing for different kinds of paving or mate- rials. If the board of public works shall decide that any storm water sewer ought to be built, it shall present to the common council a written statement specifying the location, character and extent of such proposed sewer, of what materials the same is to be constructed and the estimated cost thereof, specifying the particulars and items of such cost, and also an estimate of the amount to be paid by the city and of the amount to be borne by local assessment, such statement to be signed by the presi- dent of the board and accompanied by a copy of the resolution that the same be built. In case the common council shall ap- prove such recommendations, it shall by resolution authorize the board of public works to build such sewer, and the city clerk shall return to the board of public works a copy of such resolu- tion, certified by him, and the same shall be entered upon the minutes of said board. The board of public works may borrow for the purpose of paying for the cost of street improvement thirty days after the work shall have been accepted by the city, in anticipation of the collection of assessments therefor, an amount sufficient to defray the cost of such improvement. All sums of money expended in the payment of interest upon isuch sums as may be borrowed shall be included in and be appor- tioned and assessed as part of the cost of such improvement. The interest to be assessed as above shall not be for a period to exceed sixty days. If for any reason the assessments are not collected within sixty days any further interest which may be- come due upon such loan shall then become a charge against and shall be paid out of the paving fund of the board of public works. Nothing herein contained shall be deemed to supersede section eighty-seven of this act. ihib. 2. (As amended by Chapter 245, Laws of 1908, and Chapter 161, Laws of 1916). The board of public works is hereby authorized and empowered to improve the following highways, roads and streets within the corpora- tion tax district, viz: East Dominick street from corpo- ration tax district line to brick pavement at Rome Locomotive and Machine Works; West Dominick street from corporation tax district line to Charles street; North James street from cor- poration tax district line to Maple street; South James street from corporation tax district line to the old Erie Canal bridge, by paving or macadamizing the same, and also to repave or resurface any street or road that may have been previously paved within said corporation tax district, with such material or materials as said board of public works may determine, sub- ject to the approval of the common council. Before taking final action thereon the board of public works shall cause to be prepared plans and specifications for the improvement of said highways, roads and streets, with an estimate of the cost there- of, and present the same to the common council for action thereon. If the common council shall approve and adopt said plans, specifications and estimate, as aforesaid, the said board of public works may determine and decide that said improve- ment ought to be made. The expense and cost of making such improvement, as in this subdivision provided, excepting, how- ever, the expense and cost of repaving or resurfacing any street or road as hereinbefore provided, which shall be a tax levied and assessed upon the taxable property within the corporation tax district in said city, shall be levied and assessed by the board of supervisors of Oneida county upon the taxable prop- erty, real and personal, of the entire city, provided, however, that the common council shall, upon the recommendation and request of the board of public works, issue bonds to be known as highway bonds, in an amount sufficient to defray the expense of the improvement of said highways, roads and streets afore- said. Said bonds shall be issued in the name of the city of Borne, and be signed by the mayor and city clerk under the cor- porate seal of said city, and shall be issued in such denomina- tions and be payable at such time or times, not exceeding- twenty years from the date of issue, as the common council may determine. Said bonds shall be sold at not less than the par value thereof, and shall bear interest at the lowest rate at which the same can be sold, not exceeding the legal rate of interest; The board of supervisors of Oneida county shall annually cause to be levied and raised by taxation, upon the taxable property, real and personal, of the entire city, such sum as may be nec- essary to pay the interest and principal due or to become due on said bonds. The proceeds of the sale of such bonds shall be applied toward the payment of the cost of the improvement of the highways, roads and streets hereinbefore mentioned. None of the provisions contained in subdivision one of this section shall apply to the work and improvement mentioned and pro- vided for in this subdivision. Sec. 179. (As amended by Chapter 468, Laws of 1905, and Chapter 327, Laws of 1907). The plans, specifications, de- scriptions, quantity sheets and estimates of cost of the work adopted by the said board of public works shall be filed in the office of the city engineer, and a notice shall then be pub- lished in the official newspapers of the city of Rome inviting sealed proposals to do the work pursuant to the plans, speci- fications, quantity sheets and descriptions so adopted, which notice shall be published at least six times in such official papers. No proposal shall be considered which shall not be accompanied by a bond with sureties and in a penalty, both to be approved by the board of public works or by certified check for an amount and upon a bank to be approved by said board, conditioned that if the proposals be accepted the per- son proposing will enter into the contract upon the terms pro- posed and will give a further bond with sureties and in an amount to be approved by the said board, conditioned that the person proposing will construct the work at the price and upon the terms proposed, according to the plans and specifi- cations and quantity sheets filed with the city engineer and subject to the supervision and approval of such persons as the board may designate for that purpose; and that the person making the proposal will erect and maintain suitable guards and lights to prevent injuries to such work, or to persons or property by or in consequence of the prudent and careful use of such street, lane, alley, side or crosswalk during the progress of such work, and will save the city harmless and indemnify it against all loss, damage or other expense that may arise by or through any neglect of such person or those in his employ- ment, to erect or maintain such guards, lights or either of them. Said proposals shall be received and opened at the 94 next meeting of such board after tlie completion of the pub- lication of said notice. And if from any cause said proposals are not opened they shall be returned to the bidders, and it shall be lawful for the said board to receive, open and act thereon at any meeting thereafter, and if opened and no action is taken thereon at the time designated action may be taken at any meeting thereafter. The contract shall be made with the lowest bidder for the kind of paving or material as de- termined by the board of public works subject to the approval of the common council, unless said board of public works de- termines to reject all said proposals and cause like notice to be published that other proposals will be received in the man- ner above specified, but no contract shall be let for a sum in excess of the estimated cost of the work. Sec. 180. ( As amended by Chapter 573, Laws of 1915, Chap- ter 161, Laws of 1916, and Chapter 542, Laws of 1918). In case the work shall be grading, leveling or paving, macadamizing or telfordizing a street, lane or alley with or without storm water sewers, the city engineer shall ascertain the aggregate front length of lots upon both sides thereof, and the front length of each lot or parcel with an accurate description thereof, and the name of each owner so far as it can be ascertained. The board of public works shall then determine the expense of the whole work, including the "expense of surveying, advertising and pre- paring the assessment lists, and cause the average expense upon each foot of the parcels of land on both sides of said street, lane or alley, including cross streets, to be ascertained and each and every lot or parcel of real estate to be assessed with its portion of the expense by multiplying its number of feet front into the average expense per foot. The expense of grading, leveling, paving, repaving, macadamizing or telfordizing intersections, crossings and junctions of streets and alleys, and in front of lands of the city of Rome, and making of crosswalks, sidewalks, drains or sewers therein or thereon, and the cost of repaving or resurfacing any street or road that shall have been previously paved shall be borne by that portion of the city of Rome within the corporation tax district, and the amount thereof shall be raised by a general tax as provided in this act. Provided, however, that the city of Rome, by its common council, is hereby authorized and empowered, and it may, by resolution duly adopted, issue and sell bonds annually in the name, in behalf of and upon the credit of said city in an amount not exceeding in the aggregate at par value the city’s annual share, portion or part of the cost and expense of extending and constructing street improvements, and the proceeds of such bonds shall be applied by said common council for the objects and purposes aforesaid, and for no other purpose. Such bonds shall be signed by the mayor and city clerk and sealed with the seal of said city. They shall be issued for such length of time, not to exceed five years from the date of issue, and at such rate of interest, not to exceed four and one-lialf percentum per an- num, and upon such other terms as said common council shall determine, and shall be sold for not less than their par value and accrued interest. They may be sold at public or private sale, as said common council may determine. They shall be numbered consecutively from one to the highest number issued, and the city clerk shall keep a record of each bond, the date, amount, rate of interest, when and where payable, and the pur- chaser thereof. It shall be the duty of said city to cause to be raised yearly by tax upon the taxable property in said city, in the same manner as the other general taxes are levied, a sum sufficient to pay the interest upon said bonds, when and as the same shall become due and payable and from time to time in like manner to raise the money necessary to pay the principal of said bonds as they shall fall due. In the event that there shall remain a portion or the whole of a block on any street, not exceeding eight hundred feet in length, which has not been paved, macadamized or telfordized, lying between portions of said street or intersecting with streets which have been paved, macadamized or telfordized, the board of public works shall have the power, subject to the ap- proval of the common council, to enter into a contract for pav- ing, macadamizing or telfordizing that portion of said street so unimproved,* the expense connected therewith to be determined and assessed in the same manner as is provided for other pav- ing, macadamizing or telfordizing under this act. The provis- ions of this section relating to paving a portion or the whole of a block on any street not exceeding eight hundred feet in length, lying between streets which have been paved, shall only apply to streets or alleys over fifty feet in width. Sec. 181. Every street surface railroad corporation so long as it shall continue to use any of its tracks in any street, ave- nue or public place in the city, shall pave or improve and have and keep in permanent repair that portion of such street, ave- nue or public place between its tracks, the rails of its tracks and two feet in width outside of its tracks, under the super- vision of the board of public works whenever required by them to do so and in such manner as they may prescribe. In case of the neglect of any such corporation to make pavements or repairs after the expiration of thirty days’ notice so to do, the board of public works may make the same at the expense of such corporation. Nothing in this section and nothing con- tained in this act shall repeal or in any manner affect the validity of chapter five hundred and eighty-nine of the laws of eighteen hundred and ninety-nine, or the agreement therein mentioned. Sec. 182. In case the work shall be construction of a storm water sewer or drain separate from paving, macadamizing or like street improvement, the expense of such sewers, including surveying, advertising and preparing assessments, shall be as- sessed upon the real property deemed benefited thereby as near as may be in proportion to the amount of its benefits. In case the sewers shall be constructed at the same time with the paving, macadamizing, telfordizing or like improvement of streets, the expense thereof may be regarded as a part of such pavement or improvement and included in the assessment therefor, and for which bonds may be issued. If the storm water sewer or drain is the continuation or extension of one previously existing in making the assessment such sums as have been previously assessed upon the real estate benefited shall be taken into consideration in order so far as practicable, to render the assessment equal upon each lot or parcel, consid- ering the whole drain or sewer as continued or extended. Sec. 183. The common council is hereby authorized and em- 97 powered at any time upon any paved or unpaved street, or up- on any street where improvement is contemplated, to compel the residents of any such streets and the property owners whose lots front or abut thereon, to lay house connecting drains, gas and water pipes in the manner they shall provide, from the line of curbing in front of their property on any street to the sewer, gas and water mains or pipes or either connecting them therewith, and said common council may pass ordinances therefor. Whenever the residents or owners of said property fail to comply with the regulations or ordinances of the com- mon council passed pursuant to the authority hereby conferred, the same may be done by the board of public works at the ex- pense of such owners. Such expense shall be assessed upon the real property so connected and added as a separate item to the assessment for local improvement and collected by dis- tress and sale as hereinafter provided. Sec. 184. (As amended by Chapter 327, Laws of 1907). In case the work shall be the construction or improvement of a sidewalk, each lot or parcel of land fronting thereon shall be assessed with the expense of its construction in front thereof in the proportion of its frontage to the whole frontage. It shall be in all cases the duty of the owner of any lot or piece of land within the corporation tax district to keep the side- walk adjoining his lot or piece of land in good repair, and also the duty of any such owner or occupant to remove or clean away snow, ice or other obstruction from such sidewalk, and to keep half the street or alley adjoining the same free from obstruction or obstacles. The board of public works shall have power to repair any sidewalk when the owner of the property shall neglect to repair the same for five days after written notice to do so has been served on him personally or left at his residence, if his residence be known or can be ascertained or otherwise on being left with some occupant of the residence. Where a part or portion of a sidewalk on either side of any street in a block between streets less than a majority in front footage* of said block is not *So in original. 98 flagged or improved, the owner of the property fronting on such sidewalk shall cause the same to be flagged or improved within thirty days after service of notice by the board of pub- lic works to build or improve such walk. The service of such notice may be made personally, and, if the owner can not be found, by leaving such notice with the occupant or a person of suitable age residing thereon. If such owner fails to do the work within the period of time above provided, the board of public works may cause the work to be done, and the expense thereof shall be assessed and collected as in this section pro- vided. The city engineer shall also have power to clean snow, ice or other obstruction from any sidewalk where the same shall ‘have remained for twenty-four hours, and the expense of ma- king such repairs or cleaning any sidewalk or street shall be a charge upon the property adjacent thereto, and no ordinance for the same need be passed or notice published or posted. Thereupon the board of public works shall send to the owner of said premises, if his address be known or can be ascertained by reasonable diligence, an itemized statement of the expense of such repairs or cleaning, and if such expense is not paid to the city treasurer within thirty days, the amount thereof, with in- terest at five per centum from the time of sending such item- ized statement, shall be added to the amount assessed against such land for the next general city tax, and the whole amount of such assessment shall be collected in the same manner as general city taxes. Sec. 185. (As amended by Chapter 327, Laws of 1907). When work of any local improvement has been completed, the board of public works shall direct the cost and expense thereof to be assessed by the city engineer, and it shall be the duty of the city engineer to immediately assess the cost and expense, including surveying, advertising, inspection and assessment of such local improvement, upon the property lying within the dis- trict of assessment as heretofore provided, separately, assess- ing and stating the amount assessed for paving, sewer or side- walk respectively, and also stating the amount to be paid by the city by a general tax separately, stating the amount for pa- ving, sewer, sidewalks or crosswalks. When the city engineer 99 owns or is interested in any local improvement or is related to any person owning or interested in such real property by con- sanguinity or affinity within the sixth degree, to be determined in the same manner as in the case of a judge, the board of pub- lic works shall appoint some suitable person to make such as- sessment in his stead. He shall make an assessment roll and set the amount of the tax assessed for each of said improve- ments opposite the name of the person, corporation, associa- tion and property assessed, which property shall be briefly de- scribed by number of lot or otherwise so that it may be located and identified. When completed said assessment roll shall be deposited in the office of the city engineer and the city engineer shall give public notice in the official papers for one week of the completion thereof, and send written notice by mail to each person so assessed, addressed to his last known residence, that such assessment roll has been prepared and will remain at said office for ten days from the date of said notice, during which time any person interested may examine such roll. On the day and hour specified in said notice the said board of public works shall hear and consider any objection to said assessment and shall decide upon the same and shall if need be alter and correct said assessment roll, and when completed sign the same and file it with the clerk. Sec. 186. Within ten days after the assessment roll is completed, signed and filed, any party thinking himself aggrieved may file with the city clerk a written appeal there- from briefly stating the grounds of such appeal. The board of public works shall thereupon proceed to hear and determine such appeal or appeals upon view of the property assessed or upon evidence, or both, and affirm or reverse the assess- ment, and for such purpose may by subpoena compel the at- tendance of witnesses and production of papers. In case of affirmance the proceedings thereafter to collect the said as- sessment shall remain the same as if no appeal had been taken; in case of reversal the board of public works shall appoint three disinterested freeholders of the city who shall proceed in like manner and for such purpose be invested with the same power as the city engineer, to make a new assessment; 100 they shall make their tax roll in the same manner and sign the same and file it with the city clerk, and it shall be conclusive upon all parties; such freeholders shall receive four dollars per day for their services, to be paid by the city unless the assessment of the appellants, as determined by said freehold- ers shall be no more favorable to them than the assessment appealed from, in which case the fees of such freeholders shall be paid by the appellants and added to the amount of their tax respectively by said freeholders in proportion to the amount thereof. Sec. 187. If no appeal is taken from the first assessment roll filed with the city clerk, or if an appeal be taken therefrom and such assessment be affirmed, the board of public works shall cause the proper warrant to be attached thereto and to be delivered to the city clerk. If an appeal be taken from such first assessment and the same be reversed the board of public works shall cause the proper warrant to be attached to the second assessment roll filed by such freeholders and to be delivered to the city treasurer, thereupon the city treasurer shall receive the taxes for said local improvements for thirty days without fees. Sec. 188. (As amended by Chapter 468, Laws of 1905). In case the work shall be the paving, macadamizing, telfordizing or improvement of a street, upon the making and delivery to the city clerk of the assessment roll as provided in this act, and giv- ing notice by publication thereof in the official papers that the city treasurer will receive said assessments or taxes for the thirty days from the date of the first notice, the said city treas- urer shall receive said assessments without fees. Upon the ex- piration of said period of thirty days, the city treasurer shall certify to the board of public works the whole amount unpaid upon said assessments, and thereupon the board of public works shall certify to the common council, which shall issue local im- provement bonds to be known as ‘‘paving bonds” in an amount not exceeding the amount of said local assessment, which bonds shall mature one-fourth in one year, one-fourth in two years, one-fourth in three years and one-fourth in four years from a 101 date not more than thirty days after the date of the certificate of the city clerk. Said bonds shall be executed by the mayor and the city clerk under the corporate seal of said city, and shall be sold at not less than par value thereof, and shall bear interest at the lowest rate at which the same can be sold, not exceeding* the legal rate of interest, and which interest shall be payable on each series of bonds annually, and said bonds shall briefly specify the improvement for which they were is- sued. The proceeds of the sale of such bonds shall be applied toward the payment of cost of such improvement. In any case where the common council shall issue such paving or improve- ment bonds, as authorized herein, the payment of such taxes shall become due and payable at the time or times and' subject to the penalties hereinafter prescribed; one-fourth thereof each year for four consecutive years, the time of such annual pay- ments to be computed from the date of filing the assessment rolls with the city clerk, with interest added at the rate of not to exceed the rate of interest named in said bonds per annum to the time of such annual payments, and such payments to be subject to the said penalties and all provisions for the enforce- ment and collection of said assessments. In case of any de- fault in payment of any installment within thirty days after the same shall have become due and payable as above provided, the whole amount of the tax assessed upon such improvement against the person, corporation, association or property so in default, with fees and interest computed upon such whole amount, shall thereupon become due and payable, and the city treasurer shall proceed to collect the same with the fees and interest, by sale of the property as hereinafter provided. No action or proceeding to set aside, cancel or annual any assess- ment made under the provisions of this title, shall be main- tained by any person unless such action or proceeding shall have been commenced within thirty days after the delivery to the city clerk of the city of Rome of the assessment rolls, and unless within said thirty days an injunction shall have been procured by such person from a court of competent jurisdiction, restraining the common council from issuing the paving bonds hereinbefore provided to be issued for such assessment. The moneys received by the city treasurer from the sale of bonds 102 or collection of assessments shall be used for no other purpose than the local improvement for which the same was assessed. Sec. 189. Upon receiving said assessment rolls with the warrant or authority to collect assessments other than those provided for in section one hundred and eighty-eight, the city treasurer shall give notice in the official papers of the city of the receipt by him of such assessment rolls and warrants and that all persons named therein are required to pay their taxes at his office on or before the expiration of thirty days from the date of said first publication. During said thirty days every person, company, corporation or association may pay his, her or their taxes, assessments and installments to said city treas- urer without fees. Sec. 190. Tn case any of said taxes, assessments or install- ments remain unpaid after the foregoing proceedings shall have been taken, the city treasurer shall proceed to advertise and sell the real estate assessed in the manner hereinafter provided for the collection of such taxes, and fees at five per centum and interest at ten per centum and the expense of ad- vertising and selling the same shall be added to and made a part of such taxes. The said city treasurer shall cause to be published at least once a week for three weeks in the official papers of the city, a list or statement of the real estate, charged with the payment of such taxes, interest and fees, so liable to be sold, and also a notice that the said real estate will on a day at the expiration of said three weeks to be specified in said notice and the succeeding days, he sold at public auction at a place to be designated in said notice, in the city of Rome, to pay the taxes, assessments, expenses, fees and interest thereon, which may remain unpaid at the time of such sale. On the day named in said notice the city treasurer shall commence the sale of real estate and shall continue such sale from day to day until the whole thereof shall be sold. ' Sec. 191. The purchasers at such sale shall pay the amount df their respective bids to the said city treasurer within forty- ei&ht hours after the sale, and thereupon the said city treas- 103 urer shall execute to each purchaser a certificate in writing, which shall contain the description of the real estate pur- chased, the amount paid therefor, the date of the sale an l that the same was sold for unpaid taxes and assessments. Such purchaser, or his legal representatives or assigns, may by vir- tue thereof and of this act, lawfully possess, hold or enjoy for his and their own proper use and benefit the real estate de- scribed in said certificate, unless the san e shall be redeemed as hereinafter provided; and he or his aligns or heirs, at any time after the time limited in the next section of this title for the redemption of said premises shall have expired, and the notice therein provided for has been given, and said premises shall not have been redeemed as therein provided, may cause the occupant of such real estate to be removed therefrom, and the possession thereof, to be delivered to him in the same man- ner and by the same proceedings, by and before the same of- ficers, as in the case of a tenant holding over after the expira- tion of his term without permission of his landlord. Sec. 192. The owner of, or any person interested in, any real estate sold for taxes or assessments, as aforesaid, may re- deem the same at any time within one year after the date of such sale, by paying to the city treasurer for the use of the pur- chaser upon such sale, his heirs or assigns, the sum mentioned in the certificate given him, and the interest thereon at the rate of twelve per centum per annum to be calculated from the date of such certificate. Notice shall be given by the pur- chaser of any real estate sold under the provisions of this title, or his representatives or assigns, to all persons interested, at least three months before the expiration of the time of redemp- tion fixed by this act, and the time for such redemption shall not be deemed to have expired until such notice shall have been given; such notice shall state the lot or parcel of land to be re- deemed and the amount required to be paid upon such redemp- tion, the last day of redemption of any such real estate and the office or place where the money for such redemption can be paid in the city of Rome. Such notice shall be published at least once a week for three months prior to the day named therein for redemption in the official papers. The expense of publishing such notice shall be added to and become a part of the amount required to be paid for the redemption of such real estate. Publication thereof shall not be commenced within eight months after the date of the certificate; the publication of said notice for three months as above provided shall be sufficient and binding upon all persons interested in said prop- erty. Sec. 193. If such real estate or any part thereof, be not re- deemed as herein provided, the said city treasurer shall execute to the said purchaser, his heirs or assigns, a conveyance of the real estate so sold, which conveyance shall vest in the grantee an absolute estate in fee free from all liens and encumbrances, except taxes or assessments, assessed upon said real estate since the assessment upon which the same was sold. Every such conveyance shall be executed by said city treasurer under his hand and the seal of the said city and shall be acknowledged, and such conveyance shall be conclusive evidence that the sale was regular and also presumptive evidence that all the pre- vious proceedings were regular according to law and the provis- ions of this act. Every certificate or conveyance executed in pursuance of this act may be recorded in the same manner and with like effect as a deed. Sec. 194. Whenever any purchaser under such sale, or his heirs or assigns, shall be unable to recover or retain posses- sion of any real estate sold to him by reason of any irregular- ity or error in the assessment of any property or the levying of any taxes thereon, or of any proceedings for the collection of such assessment, the common council of said city shall reim- burse the purchase money so paid with interest at five per centum per annum from the time of its payment; the amount thereof to be presented and audited as other city charges and paid bv the city treasurer out of the local assessments fund into which such purchase price was paid, and the amount thereof shall be reassessed. Sec. 195. Whenever any surplus shall arise upon the sale of 105 lands for assessments under the provisions of this title, the same shall remain in the custody of the city treasurer, who shall keep a record thereof. The owner of equity of redemp- tion, or any other person interested in such surplus, may apply to any court of competent jurisdiction for an order distribut- ing the same in the way and manner as in proceedings for the distribution of surplus money in foreclosure actions. Any per- son making such application or in any way sharing in the dis- tribution of such money shall be deemed to have waived all his rights for the recovery of the value or possession of such lands or any part thereof. Sec. 196. Every tax or assessment imposed for locally provement, or other object, in pursuance of this title, shall be and remain a lien upon the land upon which it is assessed from the filing of such assessment roll in the office of the city clerk until the same has been paid. No error or mistake in the name of any owner or occupant of any lot or parcel of land assessed for a local improvement, or the fact that the person named as owner or occupant is not the owner or occupant of such lot or parcel, or that a clerical or immaterial error has been made, shall invalidate said assessment roll or the assessments therein, or any bonds issued in pursuance thereof. In case of *any tax or assessment shall be void or shall have failed for want of jurisdiction, or for any irregularity in the levy or assessment thereof under this title, the common council shall have power and it shall be its duty to cause the same to be reassessed in a proper manner; if any person shall have paid on a former as- sessment the same shall be credited, or in case the payment ex- ceeds the amount reassessed the surplus shall be refunded. In case the amount assessed in any local improvement shall not be sufficient to defray the expenses of such improvement, the common council shall cause the amount of the deficiency to be assessed as hereinbefore provided. Sec. 197. (As amended by Chapter 651, Laws of 1906). The board of public works, as soon as practicable after the first *So in original. 106 Tuesday in March in each year, may in its discretion advertise in the official papers for proposals to clean the streets of the city and also street crossings, intersections, junctions, cross- walks and sidewalks in front of lands of the city of Rome, and walks in the public parks, and for keeping the parks in order and removing snow and ice from said walks, also for proposals to remove ashes, garbage, sweepings or rubbish deposited in piles, boxes or barrels, as required by ordinance, by the owners or occupants of any premises in said corporation tax district. Detailed specifications of the said work shall be prepared by the city engineer with estimate of the expense thereof. The board of public works shall determine the manner of doing such work and Whether same shall be done by one contract for the whole work or different contracts and specifications for differ- ent parts of such work. If the work, as in this section provided, is not done by contract, then such work shall be done by and be under the direction, supervision and control of the board of public works. The notice, proposals, certified check and bonds therefor, shall be in accordance with the provisions of section one hundred and seventy-nine of this act, so far ais the same may be applicable. The board of public works may direct any temporary repairs to, or defects remedied in the streets, pave- ments, cross and sidewalks, bridges, parks and parkwalks so that the same shall be passable and safe. Such repairs may be made by contract or otherwise under the direction of the city engineer as superintendent of streets as the board of public works shall determine, and the expense thereof, and of the work specified in this section shall be paid out of the street re- pair fund. Sec. 198. (As amended by Chapter 468, Laws of 1905). The city of Rome shall not be liable for the damage or injury sus- tained by any person in consequence of any highway, street, sidewalk, or crosswalk in said city being out of repair, de- fective, unsafe, or dangerous or obstructed by snow, ice or otherwise, unless actual notice of the defective, unsafe, danger- ous or obstructed condition of said highway, street, sidewalk, or crosswalk shall have been given to the mayor or the board of * public works, at least forty-eight hours previous to such dam- 107 age or injury. All claims against the city for damages or in- juries to the person claimed to have been caused or sustained by defects, want of repair or obstructions from snow and ice y or other causes in the highways, streets, sidewalks or cross- walks of the city or because of negligence of the city as to the highways, streets, sidewalks or crosswalks of the city shall be presented to the common council in writing, within one month after said injury is received. Said writing shall describe the time, place, cause and extent of the injury, so far as then practicable, verified by the oath of the claimant. The omission to present said claim as aforesaid within one month shall be a bar to any claim or action therefor against the city. No action for such damages or injuries shall be maintained unless com- menced within one year after the happening of same. TITLE XIII. THE BOARD OF EDUCATION. NOTE: By subdivision 5 of Section 881 of Chapter 786 of the Laws of 1917, amending the Education Law, Sections 199 to 208 inclusive of this title were expressly repealed. Certain exceptions to such repeal will be noted, particularly those con- tained in Section 877 of said act, and for such reason Sections 199 to 208 inclusive of the charter, as existing prior to such en- actment, are printed in full. Sec. 199. The public schools within the corporation tax dis- trict of the city, as now or hereafter constituted and bounded including all the territory and residents within such tax dis- trict, shall constitute one union free school district and be known as the union free schools of the city of Rome, and be un- der the charge and control of six commissioners of schools, who shall constitute the hoard of education thereof. Sec. 200. The schools, territory and residents, outside said corporation tax district shall continue to he or become inde- pendent school districts to be managed and controlled accord- ing to the consolidated school law and amendments, supple- 108 mental or substituted acts thereto and thereof, in all respects as in towns, and shall be subject to the jurisdiction of and have the same relation to the commissioner of schools of the third district of Oneida county and the superintendent of pub- lic instruction as the said law may provide or require, and the residents of said district arrange. That portion of the said city lying outside of said tax district and which now is a part of said union free school district shall henceforth become a part of such independent district. Sec. 201. The title of all school property, real and personal, in such tax district, shall be vested in the city. Sec. 202. All provisions of title eight of the consolidated school law and all those of the university law of the state now in force, and as hereafter amended and the substitutes thereof, and the powers, duties and liabilities therein, relating to union free school districts and trustees, shall apply to said city schools and board of education, so far as applicable or req- uisite to carry out the purposes hereof, except as herein other- wise provided or as inconsistent herewith. Title five of this act not inconsistent with, shall be applicable to this title. Sec. 203. The present board of education shall continue, and the members thereof, hold for the respective terms as now classified and existing to which they were elected, and until their successors are elected and duly qualified, except as here- inafter mentioned. Sec. 204. On the second Tuesday of October in each year, or if that day shall pass without an election, on such subse- quent day and at such place as the board of education shall ap- point an election of members of the board of education whose terms will in that year expire, shall be held under the direction of the members of said board designated by the board and by the votes of electors of said district in said city having the qualifications of voters for trustees of school districts. Two *So in original. 109 poll clerks shall be appointed by said board to register at such election the names and residents* of the voters voting thereat. The polls shall be kept open during the hours which the board shall prescribe and the election to be conducted in the same manner as elections for trustees, and a certificate of the result thereof shall be made and signed by the members of the board presiding thereat, and filed in the office of the city clerk. At every such election two members of the board of education shall be chosen for the term of three years from the second Tuesday of October, on which the terms of their predecessors expire. Any vacancy existing in the board at the time of any such elec- tion shall be filled thereat by an election for the unexpired term. Any person qualified to vote at such election shall be qualified to become a member of such board. In case of the death or resignation of any member of said board the vacancy may be filled by the board until the next regular school elec- tion and until his successor shall qualify. No person shall vote at any such election of members of the board of education, un- less a resident within said corporation tax district. Sec. 205. The board of education shall have power to choose a superintendent of schools, whose term of office shall be one year, but who shall be subject to removal by said board at any time for cause. Such superintendent shall be paid such compensation and perform such duties as the board may pre- scribe. Sec. 206. (As amended by Chapter 468, Laws of 1905). De- tailed estimates of the amounts so required to be raised shall be furnished to the common council and filed with the city clerk as in section one hundred and forty-eight of this act pro- vided. In case the common council shall ratify the estimates of expenditures so submitted, the amount of such estimates shall constitute the sum to be raised for the school board by taxation for the current fiscal year; the common council may modify any item of the estimates for expenditures so submit- ted, and in such case it shall be the, duty of the city clerk to forthwith certify to the president of the board of education such modifications; the board of education shall have power 110 by the vote of two-thirds of all the members thereof at any regular or special meeting called for that purpose, to declare by resolution that the estimated amounts first submitted to the common council, or a less sum, are necessary for the conduct of the schools for the current year; and it shall be the duty of the city clerk to forthwith certify such resolution to the presi- dent of the common council, in which case it shall be the duty of the common council to raise the amounts so determined for the purposes of the public schools. In case the board of edu- cation shall fail to adopt such original estimates, or a less sum, as above provided, the amounts so modified by the com- mon council shall constitute the amount to be raised for school purposes for the current year. Thereupon the same shall be levied and collected by the common council in the same man- ner as city taxes as provided in this act. But if such estimates in any year shall include five thousand dollars or more for the purchase, erection, enlargement, alteration or repair of any grounds or buildings or either, or if at any time during the year such board of education may deem it necessary .to expend in addition to the amount of such estimates any moneys for any purpose or purposes, the board of education may propose to the common council that such amounts, or any part thereof, as it may propose be borrowed upon the bonds of said union free school district of the city, and the questions of the raising of said amount so proposed to be raised shall be submitted at a special election to be called therefor by the board of educa- tion to the taxpayers of the city; the said election to be called and conducted by said board of education in the manner, and to follow, as far as applicable, the provisions of section one hundred and seventy-five of this act relative to special elec- tions for extraordinary expenditures, excepting that in case bonds shall be issued by board of education they shall be the bonds of such union free school district, of the city of Rome, and be signed by the president of the board of education and sealed with the seal of said board for the principal amount so proposed to be borrowed by bonds. Except as above pro- vided the board of education shall not have power to expend any money in addition to the amount finally determined, as Ill aforesaid, by such estimates unless authorized so to do by spe- cial election in the manner herein provided. Nothing in this net shall be deemed to restrict the power of the board of educa- tion to expend for lawful purposes of said schools the moneys received by said board, of the city, from the state. All moneys raised by taxes and received from all other sources for school purposes shall be paid to the city treasurer and placed in a separate fund to be known as a school fund and used only for such purposes. Sec. 207. Said board of education shall yearly and when- ever required so to do by the common council, make and de- liver to the common council a detailed statement showing and accounting for all moneys that have been received and ex- pended by or through said board since the date of their last preceding report thereof to the common council. Sec. 208. A school tax of the city of Rome for school pur- poses within the corporation tax district may be assessed by the common council and its warrant issued for the collection of same. The city clerk shall make out the assessment roll and apportion the tax and make a copy thereof for the city treasurer, and all the provisions in relation to the assessment and collection of city taxes, and the return of the same, shall so far as applicable, apply to the school tax. TITLE XIV. THE CITY COURT. Section 209. A city court of civil and criminal jurisdiction, !o be denominated the “city court of Rome” is hereby created and established with the jurisdiction and powers hereinafter conferred. The city judge shall be the judge of the city court. The special city judge, in case of the absence or disability of the city judge, shall be and perform the duties of city judge •during such absence or disability. Sec. 210. (As amended by Chapter 468, Laws of 1905). 112 The court shall he open for the transaction of business each day of the year except Sundays and legal holidays, at not later than nine o’clock in the forenoon and shall remain in session during seasonable hours or until the business of the day is disposed of; on Sundays and legal holidays the court may be open for such purposes as are provided by law. Sec. 211. The common council of the city shall designate the place of holding said court and provide suitable rooms, light, fuel, furniture and necessary blanks, books and station- ery for the use of said court and shall provide for the payment of all necessary expenses thereof. Sec. 212. (As amended by Chapter 573, Laws of 1915, and Chapter 542, Laws of 1918). No person shall be eligible to the office of city judge or special city judge, unless he be a regularly admitted attorney of the supreme court of the state of New York. The city judge shall receive a salary of two thousand dollars per year and shall appoint a clerk who shall be a ste- nographer at a salary not exceeding one thousand dollars per year. The salary of such clerk in office when this section as hereby amended takes effect shall be at such rate for services hereafter rendered. The special city judge shall act in the ab- sence of the city judge and perform all the duties of the city judge, and shall receive a salary of two hundred* dollars per year. Sec. 213. (As amended by Chapter 468, Laws of 1905). The clerk appointed by the city judge shall be clerk of the city court, and shall take the oath of office prescribed by law. It shall be his duty to attend upon such court during the time it is required to be kept open for business, to keep the dockets and the books of account thereof, to make up the returns to the county court therefrom, and under the direction of the city judge, to perform such other duties as are herein prescribed, lie shall have power to take affidavits for use in said court and any other court, to issue summons, precepts in summary pro- ceedings, subpoenas and executions on judgments duly docket- 113 ed and final orders in summary proceedings duly entered, and in the absence of the city- judge and acting city judge join issues and adjourn cases. Sec. 214. Except as limited by the next section the city court shall have the jurisdiction of the following civil actions and proceedings, to wit: 1. An action to recover damages upon or for breach of contract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars. 2 . An action to recover damages for a personal injury or an injury to property where the sum claimed does not exceed five hundred dollars. 3. An action or proceeding to recover a fine or penalty not exceeding five hundred dollars, or to recover one or more fines or penalties for a violation of an ordinance of the city of Rome, or of the provisions of the other titles of this act where the amount claimed does not exceed five hundred dollars. 4. An action upon a bond conditioned for the payment of money, where the sum claimed to be due does not exceed five hundred dollars; the judgment to be rendered for the sum ac- tually due. When the sum secured by the bond is to be paid in installments, an action may be brought for each installment as it becomes due. 5. An action upon a surety bond taken in said court or by any justice of the peace of the county of Oneida. 6. An action upon a judgment rendered in said court, or any court of the state of local jurisdiction not being a court of record. 7. An action to recover one or more chattels, with or with- out damages, for the taking, withholding or detention there- 114 of, where the value of the chattel or of all the chattels as stated in the affidavit made on the part of the plaintiff, does not ex- ceed the sum of five hundred dollars, 8. To render and enter judgment upon the confession of a defendant or defendants as prescribed in title six, chapter nineteen of the code of civil procedure, where the amount con- fessed does not exceed the sum of one thousand dollars. 9. An action for damages for fraud in the sale, purchase or exchange of personal property, if the damages claimed do not exceed five hundred dollars. 10. In an action commenced by attachment pursuant to the provisions of article four of title two of chapter nineteen of the code of civil procedure, if the debt or damages claimed do not exceed five hundred dollars. 11. In summary proceedings under title two, chapter sev- enteen of the code of civil procedure to recover possession of land and to remove tenants and others therefrom. 12. In actions and proceedings under any statute for the enforcement of the liens of mechanics and others, where the amount of the lien does not exceed the. sum of five hundred dollars. The same proceedings to be had as are provided by law to be had in justice’s court. 13. In proceedings in cases of bastardy brought by or un- der the direction of the board of charity of the city of Rome or by the superintendent of the poor of the county of Oneida. 14. In any other action or proceedings of which justice’s court of justices of the peace of towns now or may hereafter have jurisdiction. Sec. 215. The city court shall not take cognizance of a civil action in either of the following cases: Where the title to real property comes in question, as prescribed in title three of chapter nineteen of the code of civil procedure; hut when such question arises the pleadings and practice shall be the same as are now provided by law for a court of justice of the peace in towns, ip regard thereto. 2. Where the action is to recover damages' for false im- prisonment, libel, slander, criminal conversation, seduction or malicious prosecution. 3. Where, in a matter of account, the sum total of all the accounts of both parties proved to the satisfaction of the court, exceeds one thousand dollars. 4. Where the action is brought against an executor or ad- ministrator as such, except the amount of the claim is less than fifty dollars and the claim has been duly presented to the executor or administrator and rejected by him. Sec. 216. Summary proceedings and bastardy proceedings may be commenced by a petition addressed either to 1 said judge or to said court,, and in said proceedings and in all actions the jurisdiction of said judge shall be exercised by and in the name of the said court only, and all processes from said court shall be made returnable thereto by its proper title. In the solemnization of marriages and in all other matters not other- wise by this act provided for, said city judge shall have the same powers as justices of the peace in towns have and in in- stances in which the justice of the peace of a town is author- ized to do any act or exercise any jurisdiction in association with another justice or justices of the peace, the said city judge may do such act or exercise such jurisdiction without associ- ating with him any justice or justices. Sec. 217. Said court shall have the same territorial juris- diction over the persons of defendants as is now or may here- after be conferred upon justices’ courts of towns, and for that purpose of conferring territorial as well as jurisdiction of the person and subject matter the said city of Rome shall be 116 deemed a town and the said city court a justice’s court thereof. Sec. 218. A summons shall be made returnable before said court by its proper title, and shall be substantially in the fol- lowing form, the blanks being properly filled up: In city court of Home. State of New York, \ County of Oneida, Jss: City of Home. ) The people of the state of New York to any constable of said city or county, greeting: You are hereby commanded to summon defendant, to appear in or before the city court of Home, at its court room in said city of Rome, on the. . . .day of at 10 o’clock in the forenoon, to answer the complaint of .plaintiff in a civil action. Witness city judge of Rome, this day of ....... • Clerk. Said process may be issued by the city judge or the clerk of the court. In actions for tort no summons shall be issued or served except there be attached thereto a written complaint, which must be served with the summons, otherwise judgment thereon can not be taken in the absence of defendant. The said complaint shall state in a plain and concise manner the facts constituting the cause of action. Sec. 219. The process and all mandates of the city court, the service and enforcement thereof, the proceedings there- under and the practice and procedure in said court, and before the city judge shall be the same as in courts of justices of the peace in towns and as before justices of the peace in towns and in courts of special sessions, except as otherwise provided in 117 this act; and all provisions of law applicable to justices of the peace in towns and the courts held by them, and the proceedings had before them, and to their official acts, duties and powers, shall apply to the city court, and the judge thereof, and appeals may be taken from judgments of the city court and all pro- ceedings before the city judge may be reviewed and tran- scripts of judgments filed in the office of the clerk of the county of Oneida, and an enforcement of such judgment shall be had in the same manner and with like force and effect as in courts of justices of the peace in towns; but a judgment of the city court shall be a lien and remain in force for the same length of time as a judgment originally recovered in the county court upon filing a transcript thereof in the clerk’s office of Oneida county. In any case in which by law a justice of the peace is required to render judgment and enter the same in his docket within four days, the city court of the city of Rome, or the judge thereof, is required to render judgment, and it must be entered in the docket of said court within ten days after the case shall have been submitted for final decision, any- thing to the contrary herein notwithstanding. Sec. 220. The prohibtion contained in section twenty-nine hundred and forty-seven of the code of civil procedure in re- lation to failure of the defendant in an action in justice’s court to interpose a counterclaim does not extend to an action in said city court to a case where the amount of the counterclaim is five hundred dollars more than the plaintiff recovers. Sec. 221. In the case provided for in section twenty-nine hundred and forty-nine of the code of civil procedure or jus- tices’ courts, if the amount of the counterclaim or counter- claims established exceeds the plaintiff’s demand, the defend- ant must have judgment for the excess or so much thereof as is due from the plaintiff, unless it is more than the sum of five hundred dollars, and if more than five hundred dollars, the said court must pursue the same course in reference to the same as in the said section provided for a case in which it is more than two hundred dollars. 118 Sec. 222. Sections five hundred and five and five hundred and six of the code of civil procedure shall apply to a counter- claim in an action against a person sued in a representative capacity or in faVor of an executor or administrator, except that the defendant can not take judgment against the plaintiff upon a counterclaim for a sum exceeding five hundred dollars and costs; and section twenty-nine hundred and forty-six of the code of civil procedure shall not apply to actions in said court. Sec. 223. Where upon the trial of an action the sum total of the accounts of both parties, proved to the satisfaction of the city * judge, exceeds one thousand dollars, judgment of discontinuance must be rendered against the plaintiff with costs, and section twenty-nine hundred and fifty of the code of civil procedure shall not he applicable to the said city court. Sec. 224. An attorney’s authority to appear in any action or proceeding in said court may be conferred orally or in writ- ing, but the city judge shall not suffer a person who is not an attorney, admitted to practice in the supreme court of this state, to appear as an attorney unless his authority is admitted by the adverse party, or proved by the affidavit or oral testi- mony of himself or another; the city judge may, in his discre- tion, at any time before final judgment require from any such attorney admitted to practice in the supreme court, proof of his authority to so appear. Sec. 225. The court must, upon the application of the plaintiff, grant a second or subsequent adjournment of the trial of an action upon proof by his own oath or otherwise to the satisfaction of the court that he can not safely proceed for want of material testimony or witness, and that he has used due diligence to obtain the testimony or witness; but the court may as a condition of granting such adjournment require that the plaintiff pay to the defendant the legal fees of the defend- ant’s witnesses duly subpoenaed for that day. Sec. 226. The complaint may be verified in the manner pro- vided in the code of civil procedure for the verification of pleadings in courts of record, and, in an action commenced 119 -by summons may v/at. the option of the plaintiff -or hk attorney ibe served therewith when 1 the complaint is so verified, the subsequent proceedings, except on demurrer shall be likewise Verified in all cases in which such pleadings would be re- quired to be verified in a court -of record, in default whereof they shall be disregarded. The city judge may by general rule or otherwise require aiiv pleadings made orally to be reduced to writing, and every pleading in writing shall be subscribed by the party making the same or his attorney, and shall be filed forthwith or within such time as the city judge may designate. Where the complaint is so verified and served at the same time as the summons, if the defendant fails to answer or demur to said complaint, as hereinbefore provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall upon filing the summons and complaint, with due proof of such service therewith, enter judgment for said plaintiff and against the defendant or defendants not so demurring or answering, for the amount demanded in such complaint, with costs, without further proof. Sec. 227. The city judge may from time to time establish such rules of practice for said city court as he may deem neces- sary, not inconsistent with the provisions of this act or with the code of civil procedure, which rules shall govern the practice in said court. The rules so established shall before they be- come operative be published at least one week in the official papers of the city. Sec. 228. Appeals may be taken to the county court from judgments rendered in said city court the same as from judg- ments rendered by justices of the' peace. Appeals may also be taken to the county court from an order of the city judge on an application to open a default made as in section two hundred and twenty-nine of this act provided, and the time within which such appeals may be taken, and the practice thereon shall be the same as apply to appeals from a judgment of a justice of the peace, -the affidavits read on such application constitu- ting for the purpose of such appeal a part of the return of the city judge. 120 Sec. 229. In actions in said court the city judge shall have power to open defaults and set aside judgments rendered and entered therein and executions issued thereon, upon such terms as may be just, in a case where the defendant shall fail to ap- pear on the return day of the process, or on any adjournment, and satisfactorily excuses his default; but no greater terms shall be imposed than the payment of the costs included in the judgment. The application therefor shall be founded upon af- fidavits and shall be made within twenty days from the entry of such judgment. Upon presentation of such application the city judge shall issue an order returnable in not less than five or more than eight days, requiring the party in whose favor the judgment was rendered to show cause, if any, why such judgment should not be set aside. A copy of said order and of all the papers upon which the same is granted shall be served upon the party in whose favor the judgment was rendered, or his attorney, if one shall have appeared in the action, not less than three days prior to the return thereof. Pending such ap- plication and the determination thereof, the city judge may stay proceedings upon such judgment or any execution which may have been issued; when a judgment shall be set aside, the action shall proceed as though no judgment had been rendered. The judgment or an execution issued thereon by the city judge and levy made therein, may in the discretion of the city judge be allowed to stand as a security for the satisfaction of any judgment the plaintiff may finally recover. Parties moving in the county court, to open a default or obtain a new trial in said city court, in cases where a motion might have been made in said city court, as in this section provided, shall show that no such application was made in said city court. Sec. 230. No person shall be incompetent as judge, witness or juror in any action or proceeding in said court in which the . city of Rome is an interested party, by reason of his being an inhabitant, freeholder or taxpayer in said city. Sec. 231. Sections twenty-eight hundred and ninety-three and twenty-nine hundred and fifty-nine of the code of civil procedure shall have no application to this court, but the court 121 may adjourn the trial of an action of its own motion for a period not exceeding ninety days from the date of the joining of issue. Sec. 232. Depositions may be taken in actions and proceed- ings pending in the city court upon the same grounds and for the same reasons and with the same proceedings as in the su- preme court. Sec. 233. (As amended by Chapter 468, Laws of 1905). In all civil actions and proceedings brought in said court, the same costs and fees shall be paid and recovered as in actions or pro- ceedings in courts of justices of the peace in towns, except that in all civil actions and proceedings commenced in said court where the successful party shall obtain a judgment he shall tax and recover in addition to the fees, which shall include jury, constables, witnesses fees paid by him or which he will necessarily incur, as hereinbefore provided, in case he has ap- peared by an attorney and counselor of the supreme court (and not otherwise), the following costs: 1. For all proceedings before the trial, including judgment for plaintiff upon default, to the plaintiff two dollars. 2. Judgment for plaintiff otherwise than upon default an additional sum equal to ten per centum of the recovery, not to exceed ten dollars. 3. If the plaintiff recover judgment in any action in said court for the recovery of one or more chattels the foregoing sum allowed as additional costs therein shall be estimated upon the value of said chattels as assessed by the said court or jury. 4. If judgment of nonsuit is rendered for the defendant without trial, to the defendant two dollars. 5. If a judgment is rendered for the defendant after trial, to the defendant two dollars; and the court in its discretion may allow an additional sum not exceeding ten dollars. ’ 6; A defendant who recovers of said coPrt judgment upon, a coun tercl aim therein or obtains a judgment for the posses- sion or recovery of chattels sued for therein is entitled in ad- dition to costs heretofore allowed said defendant to recover the sum of ten percentum upon said recovery or upon tlie value of Said chattels not to exceed ten dollars. •• /!.•: c, '• . ; ru.i :;.l rl. ; :U *;■: u\.\ r: 7. No costs or fees shall be allowed or recovered in any ac- tion brought on a judgment of this court, unless said action be brought more than five years after the recovery of the judg- ment sued upon. 8. Costs upon a motion, action or other proceeding, not ex- ceeding two dollars, may be granted either absolutely or to abide the event of an action or proceedings of any party in the discretion of the court or judge. ( (Sec. 234. In each action and proceeding in the city court, the city judge and the clerk of said court, shall each demand and receive for the use of the city, for each service rendered by them respectively the same fees as justices of the peace of towns are or may be entitled to receive for a like service, and no such service shall be rendered by either of them until such fees shall have been paid therefor; all such fees shall be paid to the clerk, who may require of any plaintiff all fees in the ac- tion to be deposited when the summons is issued. In the case provided for in section three thousand eightv-one of the code of civil procedure, recovery shall be had from the city of Rome, instead of from the city judge. All such fees collected by the clerk and all fines and penalties received by him during any month shall be paid to the city treasurer on or before the sixth day of the next succeeding month, and the said clerk shall file with the city clerk at or before the time of the first regular meeting of the common council in each month next after the sixth day thereof a complete and detailed statement, verified by his oath and certified by the city judge to be true, of all moneys received by said clerk by virtue of the provisions of this act, during the next preceding month, with the written receipt of the treasurer for the payment of the said moneys to him, at- t ached to said statement; the said clerk shall ke'fej> a- hook in which he shall enter in detail, with the dates, all hihhe^s re- ceived by him, which book during seasonable business hours shall be open to inspection. A poor person, whether an adult or infant not being of ability to sue, who alleges that he lias a case of action against another person, or defense to one brought, may apply by proper petition to the city judge or clerk of the court for leave to prosecute or defend as a poor pefson; which petition shall state 1 the nature of the action brought or intended to be brought, or the defense intended to be inter- posed, and what property lie possesses, and that he desires to sue or defend as a poor person, and the city judge or clerk of the court may grant the petition if satisfied of the truth of the facts alleged and that the petitioner has a good cause of action or defense on the merits therein, and may make an order ad- mitting him to prosecute or defend without the payment of or liability to any fees to any officer or to the said city or any costs provided for by this act; but nothing in this act relating to such poor person shall apply to appeals, except as to any fees provided for by this act to be paid to any officer men- tioned in this act or to said city. If the person so admitted is guilty of deception in the petition or of improper conduct in the prosecution or defense of the action, or of wilful or unnec- essary delay, the city judge may in his discretion annul the order admitting him to prosecute or defend as a poor person, and such person shall be liable to the fees and costs provided for in this act. Sec. 235 . In case of the absence or disability of the city judge and special city judge to perform their duties or in case of the disqualification of both for any reason rendering them so by any of the provisions of this act, in any action or pro- ceeding, upon a certificate of that fact being made by the city judge and special city judge, or in case of their inability to seasonably make one, by the clerk of the court upon information and belief, the city attorney then acting as such shall perform their duties and act as city judge during such absence, disabil- ity or disqualification. The special city judge, and the said city attorney, while acting as city judge, shall sign all papers 124 as acting city judge of the city court of Rome, and shall have all the powers and perform the duties incumbent upon the city judge. All the provisions of sections forty-six, forty-seven, forty-eight, forty-nine, fifty and fifty-one of the code of civil procedure not inconsistent with, shall apply to this act so far as applicable. Sec. 236. (As amended by Chapter 651, Laws of 1906). The city judge shall have, except as herein provided, the same powers as justices of the peace now have, or which may here- after be conferred upon them by law, in all criminal actions and proceedings and special proceedings of a criminal nature for or on account of offenses committed or alleged to have been committed within the boundaries of the city; and the said court within said city shall possess and exercise all the powers and jurisdiction conferred upon courts of special sessions and per- form all the duties of such courts, except as herein provided; while holding courts of special sessions, the said judge shall have sole and exclusive jurisdiction, except as herein provided, to hear, try and determine all charges of misdemeanor as now are or may hereafter be defined by law, alleged to have been committed within the boundaries of the city; except such vio- lations of the liquor tax law as are dominated* misdemeanors and are required by said law to be prosecuted by indictment. The city judge shall have sole and exclusive jurisdiction over all civil suits and criminal actions and proceedings brought on account of violation of this act and of the regulations, ordi- nances or by-laws of the city or of any public board thereof; and shall have power to render judgment for the fine or pen- alty therein prescribed, and in case any such regulation, ordi- nance or by-law prescribes a maximum or minimum fine or penalty shall have power to render judgment or impose a fine within the limits prescribed. If any person be adjudged to have violated any ordinance, by-law or regulation of the city or any of its public boards, the city judge may impose a fine which shall not exceed in each case the amount of penalty pro- vided in such ordinance, by-law or regulation for the violation *So in original. 125 thereof, besides costs, and may be committed to the county jail until such fine and costs be paid, for a term not to exceed one day for every one dollar of such fine and costs, and not exceeding a longer period than fifty days. Sec. 237. Criminal trials or proceedings shall be con- ducted in like manner, except as herein provided, as trials or proceedings in courts of special sessions are now directed or may hereafter be directed to be conducted by the code of criminal procedure. Sec. 238. The trial of such criminal actions may be removed from the jurisdiction of the city court only in the manner now or hereafter provided by the code of criminal procedure for the removal of trials of actions from courts of special sessions. Sec. 239. In case of misdemeanor trials before him, except cases of charges of public intoxication, the city judge shall state to the defendant the charges made against him and in- form him of his rights under sections fifty-seven and fifty- eight of the code of criminal procedure. Sec. 240. (As amended by Chapter 651, Laws of 1906). Upon a charge of public intoxication, disorderly conduct, va- grancy or violation of any of the ordinances, by-laws or regula- tions of the city or any of its public boards, the defendant shall not have the right to a trial by jury, but shall be tried before the city judge in a summary way. Sec. 241. An appeal from the city court in a criminal action or proceeding may be taken and had only in the same manner and upon the same terms and conditions as is now provided or as may hereafter be provided by the code of criminal proceed- ure for appeals from courts of special sessions. Sec. 242. When a defendant tried by or before the city court or city judge for any offense, jurisdiction over which is not conferred upon courts of special sessions by the code of crim- inal procedure, but which is conferred upon the city court by this act, shall be convicted of such offense or pleads guilty, the city judge shall have the power to render such judgment and to inflict upon said defendant such punishment as a court of record may render and inflict upon a like case as provided by law. Sec. 243. When a defendant tried by or before the city judge or court for any offense, jurisdiction over which is now or may hereafter be conferred upon courts of special sessions by law or on the charge of public intoxication, disorderly conduct or breach of the peace, shall be convicted of such offense or pleads guilty before the city judge to the charge of any such offense, the city judge shall have the power to render judgment that such defendant pay a fine not exceeding fifty dollars; or to render judgment that said defendant be imprisoned in the common jail of Oneida county or in the penitentiary of any county, the board of supervisors of which have made an agree- ment with the board of supervisors of Oneida county to receive persons sentenced to confinement therein, as provided by law, for a period not exceeding six months; or he may render judg- ment that the defendant pay both such fine and be so impris- oned; or he may render judgment that such defendant pay a fine not exceeding fifty dollars and that the defendant be im- prisoned in such jail or penitentiary until such fine is paid, not to exceed six months. Sec. 244. The city judge may in his discretion sentence a defendant committed by him to prison or jail at hard labor therein. Sec. 245. The judgment of the city court or city judge so rendered must be executed by any policeman of the city or by the sheriff of Oneida county, or keeper of such jail or peniten- tiary, upon receiving from the city judge either the certificate of conviction prescribed by section seven hundred and twenty- one of the code of criminal procedure without the same being- certified, or a warrant of commitment setting forth the offense, the name of the offender, the date when the offense was found to have been committed, the conviction and date thereof, and the judgment of the court thereon, signed by the city, judge in his official capacity and directed generally to the officers re- quired to execute the same. Sec. 246. The clerk of the court shall at the end of each month file in the office of the clerk of the county of Oneida certificates of conviction as in the form prescribed by section seven hundred and twenty-one of the code of criminal pro- cedure, of all persons convicted of crime before the city judge. Sec. 247. After inquiring into the circumstances of the case, the city judge may in his discretion, order any person who is imprisoned in said jail or penitentiary under any commitment by him for any cause whatever to be discharged from such im- prisonment ; and it shall be the duty of any sheriff or keeper of said jail or penitentiary forthwith upon receiving such order to discharge such person from imprisonment; the city judge may also in his judgment remit the whole or any part of a fine or penalty imposed by the said court. Sec. 248. A criminal warrant issued by the city judge may be directed generally to any peace officer of the city or state, and it may be executed by any peace officer to whom it may be delivered; such warrant may be served in any part of the state and the defendant or defendants named may be arrested and brought before such judge issuing the warrant without its being endorsed by any other magistrate or officer; the city judge shall also have power and jurisdiction to hear complaints or charges of felonies alleged to have been committed within the county of Oneida, to issue warrants in such cases return- able before him as such magistrate and to hold preliminary ex- amination upon such charges and the provisions of chapter .seven of title three of part four of the code of criminal pro- cedure as they now exist or as they may hereafter be amended, shall govern such preliminary examination before the city judge. Sec. 249. When the defendant is charged before said city .judge with being a vagrant or disorderly person as now de- 128 fined or may hereafter be defined by the code of criminal pro- cedure, the provisions of such code as to such cases as they now exist, or as they may hereafter be amended, shall govern the proceedings before the city judge; except that upon convic- tion upon either charge the city judge shall have power to commit the defendant either to the common jail of Oneida county, the Oneida county home or poor house, or to any county penitentiary hereinbefore mentioned. Sec. 250. Two rooms shall be provided by the common council in the city hall for the city judge; one of these rooms shall be the court room where he shall hold his court and con- duct all examinations subsequent to the arrest of defendants from and over the age of sixteen years; and the other shall be his private counsel room where he shall hold court and conduct examinations in cases tried by him where children under the age of sixteen years shall be accused; and in either of said rooms so provided, he may hear all complaints that may come to him, hold court and conduct all criminal and civil business that may, under the provisions of this act, be done by and be- fore him. Sec. 251. The complaint in an action brought to recover a fine or penalty or forfeiture prescribed herein for the violation of any provisions of this act, and to recover a fine or penalty prescribed for the violation of any ordinance, by-law or regu- lation of the city or of any public board thereof, shall be in writing; the action shall be brought in the name of the city as plaintiff; the complaint shall contain the title of the action, specifying the name of the court, the allegation or allegations showing that the defendant or defendants, as the case may be, at or about the time mentioned therein, and within a period of two years from the making of such complaint, violated some provision of this act or of the by-laws, regulations or ordinances of the city, or a public board thereof, specifying the section of this act or the by-law, regulation or ordinance by briefly referring to the same and giving the name and number thereof, or otherwise intelligently describing it or them; such complaint shall state the time, as near as may be, when such violation oc- 12 & curred; it shall contain 1 a demand for judgment in favor of the plaintiff and against the defendant or defendants, as the case may be, for the amount of the fine or penalty prescribed for the violation of the section of this act or of the regulation, by-law or ordinance alleged to have been violated; and the complaint shall be verified by the person making the same to the effect that it is true to his own knowledge, or that the same is true to the best of his knowledge, information and belief. The city attorney shall conduct all cases brought for violation of this act referred to in this section. Sec. 252. Upon filing such complaint with the clerk of the court the city judge or clerk shall then issue a warrant or a summons; if a warrant is issued it shall be substantially in the following form, the blanks being properly filled as in said form indicated: In the city court of the city of Rome : State of New York County of Oneida City of Rome The people of the state of New York to any policeman of said city, greeting: Information under oath having this day been laid before me that (designate here the section of this act or the number of the by-law, regulation or ordinance of the city alleged to have been violated or otherwise intelligently describe it) has been violated and accusing (give name of person or persons accused thereof). You are therefor* commanded forthwith to Arrest (giving the name of the accused person or persons) and bring (her, him or them) before me at the city courtroom in said city to answer the charges aforesaid. Witness city judge of Rome, this day of Clerk. *So in original. 130 Sec. 253. If upon receiving the complaint a summons is is- sued it shall be substantially in the following form, the blanks being properly filled as in said form indicated: In the city court of Rome: State of New York | County of Oneida vss: City of Rome ^ The people pf the state of New York to any policeman of said city, greeting: Y ou are hereby commanded to summon to appear in and before the city court of Rome, at its courtroom in said city of Rome, on the. ...... .day of at. . . . o’clock. meridian, to answer a charge for violation of (designate the section of the act or number of the by-law, regulation or ordinance alleged to have been violated or other- wise intelligently describe it or them). Witness city judge of Rome, this day of ... • Clerk. Sec. 254. Said summons may be made returnable at any time not more than ten days from the issuing of the same, and the summons may be served by any policeman of the city in the manner now prescribed or hereafter to be prescribed by the code of civil procedure for the service of a summons in justice’s court by constables. Sec. 255. No bond shall be required to authorize the issuing of any civil warrant or short summons in behalf of said city. Sec. 2*5 6. Any person may be summoned to appear forth- with or at a designated time before the court to make an affi- davit or to be sworn and examined on an application for a sum- mons or a warrant on account of the violation of any section of this act, by-law, ordinance or regulation in relation to his knowledge of such violation; such examination shall be re- duced to writing and filed with the process and proceedings in the case; no witness so summoned to appear shall be entitled to any fee or compensation for such attendance or examination, and for a failure to so attend or be sworn or examined, such witness shall be liable to the same penalty and may be punished by the said court or city judge in the same manner as witnesses who refuse to appear when subpoenaed or to be sworn or to tes- tify at trials of actions in the supreme court. Sec. 257. The mayor or any alderman or policeman of the city shall have the power and authority, and it shall be the duty of any such policeman to arrest without warrant all per- sons found by him engaged in the act of violating any of the provisions of this act or any by-law, regulation or ordinance of the city or of any public board thereof, and to bring them be- fore the city judge, and in case the city judge can not be found, to commit tnem to the common lockup of the city of Rome, and retain them there or elsewhere in the manner herein provided, until the complaint hereinbefore provided for can be made out and filed and the return of the warrant issued thereon be made. Sec. 258. Upon the appearance of the defendant before the city judge either upon arrest, under warrant or upon the return * of the summons, the city judge shall read the complaint filed against the defendant and the defendant may thereupon cither orally or in writing answer the complaint ; the answer of the de- fendant may contain a general denial of each allegation in the complaint or a specific denial of one or more of the material allegations thereof; it may also set forth in plain and direct manner new matter consisting of one or more defenses ; and the issue or issues raised by the complaint and answer shall be tried in all respects, and the same proceedings shall be had and adjournments may be granted, and on the same terms as pro- vided for adjournments herein on the return of a civil warrant iu other cases. 132 Sec. 259. Should the defendant fail to appear upon the re- turn of such summons or fail to answer the complaint, the city judge, without waiting as prescribed in an action in justices' court, upon filing proof of due service of the summons which shall be made by the certificate of the officer serving the same, showing the time and manner of such service, shall render a judgment in favor of the city and against the defendant for the amount of the fine or penalty prescribed. Sec. 260. The city judge may adjourn the trial of such ac- tion from time to time upon his own motion or for cause shown upon application made by any party thereto, and he shall have power upon such an adjournment to compel the defendant to enter upon an undertaking of bail in writing to the city of Rome, with one or more sux^eties approved by him, in a sum not exceeding twice the amount of the fine or penalty for which judgment is demanded, which undertaking if required shall be substantially in the following form, the blanks being properly filled up as indicated: (Name of the accused) has been duly charged before the undersigned, city judge of the city of Rome, New York, with the offense of violating (designate here the section of this act or the number of the by-law, regulation or ordinance of the city, or otherwise intelligently describe it,) we, the undersigned, jointly and severally undertake that said defendant shall ap- pear from time to time until judgment at the city court in the city court room in said city, or that we will pay to the city of Rome the sum of (designate the sum so fixed). If the de- fendant shall fail to so appear, judgment for the amount pre- scribed may be rendered against us without further notice. Rated at the city of Rome, New York, this day of Signature of defendant. Signature of sureties. And if the defendant fail to furnish the undertaking of bail so required of him, the city judge may commit the defendant to the common jail of Oneida county by a commitment in writing, signed by him in his official capacity, and substantially in the form prescribed by section seven hundred and thirty-four of the code of criminal procedure, substituting in place of the words “a court of special sessions’ ’ the words “me at the city court of Rome.” Sec. 261. The city judge shall also have power upon the granting of any such adjournment, to accept the defendant’s own recognizance without surety, to appear upon any ad- journed day. Upon receiving such undertaking or recogni- zance, the city judge shall thereupon discharge the defendant pending the adjournment. Sec. 262. If the defendant fail to appear at the time to which the trial was adjourned, the city judge may without waiting as prescribed in an action in justices’ court, declare the undertaking of bail or the defendant’s recognizance forfeited, and unless sufficient excuse is shown for such failure, the city judge shall thereupon enter judgment in favor of the city and against the defendant, and the sureties executing such under- taking for the amount named in the undertaking, if and under- taking was furnished, and for the amount of the penalty if no undertaking was furnished. Sec. 263. Every execution in an action for any penalty, pen- alties or forfeitures recovered for the violation of any ordi- nance, by-law or public regulation enacted in pursuance of this act, or upon violation of any of the provisions of this act, shall command the officer to whom it is directed in case the defend- ant shall decline or fail to pay the amount of such judgment, to take the body of such defendant arid commit him or her to 134 the county jail of Oneida county; there to remain until he pays the judgment and costs or for the term in said execution men- tioned, not exceeding, however, for a longer period than fifty days, and the sheriff of Oneida county is hereby authorized to receive and detain the defendant in the execution accordingly upon receiving the execution or a certified copy thereof from any officer to whom an execution is issued; and the defendant so committed under an execution shall not be entitled to be admitted to the liberties of the jail. Sec. 264. The execution, however, issued by the city judge upon a judgment against the surety or sureties upon an under- taking* of bail, as hereinbefore provided, shall require the of- ficer executing the same to satisfy the execution out of the personal property of such surety or sureties and shall omit the direction as to imprisonment; separate executions may be is- sued upon such judgment for the purpose of enforcing the same as herein provided. 1 Sec. 265. Excepting as herein provided executions issued upon a judgment recovered for a penalty or forfeiture shall be governed by the same proceeding as herein provided for exe- cution upon a civil judgment. Sec. 266. The city judge, special city judge, and clerk upon filing in the clerk’s office of Oneida county the duplicates of their oaths of office, shall have the same power that justices of the peace or notaries public have, to administer oaths and to take acknowledgments of deeds and other instruments, and they shall be entitled to charge for the use of the city the same fees therefore* as justices of the peace can charge, except from any person or officer acting for or in behalf of the city. Sec. 267. It shall be the duty of the city judge upon request in writing of the mayor or chief of police of the city, to issue subpoenas requiring any person or persons named therein to appear before him to give evidence upon a complaint for any So in original. offense alleged to have been committed in said city. And upon the return of such summons .such witnesses shall be examined upon oath before the city judge by any city policeman or the city attorney in relation to the offense alleged to have .been committed; and if it shall appear from such examination that any offense has been committed the city judge shall proceed thereon in the same manner as though such witnesses had vol- untarily made such complaint before him. Sec. 268. In criminal matters the same fees, costs and charges shall be charged and collected as are charged and col- lected in courts of special sessions and in the same manner. Sec. 269. The city judge shall keep an accurate account of all criminal business done by him, which by law is made a charge upon the county of Oneida, and charge for such services the fees that are allowed by law to justices of the peace, and at the annual meeting of the board of supervisors he shall present his bill for the same, verified according to law, and the same having been audited by the board of supervisors, shall be paid to the city treasurer as city funds. Sec. 270. He shall keep an accurate account of all his pro- ceedings in his docket, a complete and accurate record of all processes issued from and returned to said court, and of all proceedings in all civil or criminal actions, and of all proceed- ings brought therein or before the city judge, and shall enter therein the judgment and decision of said court or judge; such docket shall have the same force and effect as dockets of jus- tices of the peace in towns. Sec. 271. All actions, examinations or proceedings pending in justices’ courts or the recorder’s court of the city in which the taking of evidence upon the trial shall have been actually commenced, shall be then and forthwith transferred into the city court or before the city judge to be disposed of according to law as if instituted in said court or before the said city judge. All processes, pleadings, bonds, undertakings, records, moneys and papers in the actions, examinations and proceed- % ings hereby transferred, then in the custody of the justices of the peace, or either of them, and of the recorder of the city, shall at the time of such transfer, be delivered to the city judge. All trials, examinations or proceedings actually commenced by the taking of evidence when this title takes affect, in the justices’ courts or the recorder’s court of the city, or before justices of the peace or the recorder of the city, shall be de- cided by said courts or officers respectively, and judgments therein shall be entered or determined by such courts or offi- cers thereof, as though this act had not been passed. Such judgments or determinations shall be enforced by execution of the judgment or other process the same as if this act had not been passed. The said officers, and each of them, shall make return of such actions, examinations or proceedings before them, respectively, as if his office had not been abolished. Sec. 272 . Any judge holding said courts while in session shall have the same power to preserve order and punish for contempts committed in his presence, as is possessed by judges of courts of record. Sec. 273. It shall be the duty of the clerk to attend upon said court during the time it is required to be kept open for business, and keep in a docket of said courts a complete and accurate record of all processes issued and returned to said court, of all proceedings in any action or proceeding brought therein, of all moneys paid into said court or received by said clerk; and to receive all moneys payable into the said court, in- cluding fees and costs. Sec. 274. No judge presiding in such court shall receive any moneys payable thereunder or thereto. Sec. 275. The said court shall have a seal which shall be furnished, and the form or design of which shall be pre- scribed by the common council and shall contain the following words: “The city court of Rome, New York,” and it shall remain in the custody of the clerk of said court. Sec. 276. Tlie clerk of the court on demand of a party in whose favor a judgment shall have been rendered and payment of the fees therefor, shall give a transcript thereof under his hand and the seal of the court, which may be filed and judg- ment thereon docketed in the office of the clerk of the county of Oneida, with like effect and in the same case as a transcript of a docket of the justices of the peace. Sec. 277. Said clerk shall give a bond to the people of the state of New York, with at least two sureties, to be approved by the city judge, in an amount not less than two thousand dol- lars, which shall be renewed annually on the first day of Jan- uary in each year and filed in the office of the city treasurer, conditioned for the faithful performance of liis duty as such city clerk, and the accounting for and payment of all moneys which shall come into his hands. Such bond to be in addition to any other bond or bonds required of said officer by reason of any other duties, or bond required of him by this act. Any person injured by the default of such clerk, including the city, may maintain an action in his or its own name against said clerk and sureties on said bond in any court having jurisdiction. Sec. 278. List of trial jurors shall be made up in such court in the same manner and pursuant to the same provisions of law as they are made in the courts of justices of the peace, and the laws applicable to the securing and drawing of jurors in courts of justices of the peace and courts of special sessions shall be applicable to and govern the city court. TITLE XV. GENERAL PROVISIONS, Sec. 279. The city shall have all the powers necessary to the exercise of the rights and the discharge of the duties conferred and imposed upon it by this act. The enumeration herein of its powers shall not be construed to deny, annul or disparage any power possessed by the city by virtue of any provisions of any existing law consistent with this act and not repealed hereby. 138 Sec. 280. The political year shall begin with the first day of January, and the term of all officers, except those whose terms are otherwise definitely prescribed herein, shall be com- puted by the political year although the officers may not have been appointed until after the year shall have begun. Sec. 281. No person, board or department in the city shall have the right to incur any indebtedness for the city, except as authorized by the common council or other municipal board or department in conformity with the provisions of this act. Sec. 282. No action shall be maintained against the city for damages or injuries to person or property claimed to have been caused by the negligence or misfeasance of the city, or any of its officers or employes unless within three months after the occurrence of the facts out of which the alleged liability arises, a claim in writing, verified by the oath of the claimant, describing as far as then practicable, the time, place, cause and extent of the injury, shall be presented to the common council. The omission to present such claim as aforesaid, within said three months, shall be a bar to any action or proceeding there- for against the city. No action for such damages or injuries shall be maintained unless commenced within one year after the happening of the same. None of the provisions of this sec- tion shall be deemed to refer to the class or character of in- juries or negligence specified in section one hundred and ninety-eight of this act. Sec. 283. No judge or jury shall be deemed incompetent upon the trial of any action or proceedings to which the city shall he a party by reason of his being a resident or taxpayer of the city. Sec. 284. No witness shall be excused from testifying in any criminal proceedings or in any investigation or inquiry before the mayor, the common council or any municipal board having the right to conduct the investigation touching his knowledge of any offense committed against the provisions of this act or any ordinance of the city, but such testimony shall not be used against him in any criminal prosecution whatever. 139 Sec. 285. All ordinances and by-laws heretofore passed by the common council of the city and not inconsistent with this act or with law, shall continue in force and effect until amended or repealed, and the common council of the city shall have power in the year nineteen hundred and four to adopt ordi- nances to carry into effect the provisions of this act, which shall take effect herewith. Sec. 286. The city, through the common council, shall have the power to acquire by agreement or by proceedings under the condemnation law, any private plants and equipments for lighting the public streets and parks of the city, but no ex- penditures for such purpose shall be made until authorized by special election of taxpayers called and conducted as herein provided for extraordinary expenditures. Sec, 287. The city shall be regarded as a town under and for the purpose of the provisions of article two of title three of chapter ten of the code of civil procedure, respecting the re- turn of jurors, and the supervisors, assessors and city clerk of said city shall perform the duties enjoined upon the super- visors, assessors and town clerk of the several towns, except that a duplicate list of the return of jurors shall be filed in the office of the clerk of the city. Each ward of the city shall be regarded as a town under the fifth article of chapter twenty of the general laws, and the supervisor and alderman of each ward shall be fence viewers and shall possess all the powers and authority in respect to division fences or walls in their ward which are given by said article to town fence viewers with respect to division fences. Sec. 288. After the going into effect of this act, the common council and each board of the city, are prohibited from creating any debt not authorized by law or from appropriating any moneys in excess of the amount authorized by law, excepting as herein otherwise provided. The members of the common coun- cil, or of any board of the city, voting therefor shall be liable for any debt created in violation of the provisions of this act, and shall be deemed guilty of a misdemeanor. All books, pa- 140 pers, documents, files, funds and moneys in the hands of any officers, agents or servants of the city shall be transferred and paid to their successors elected or appointed under this act. Sec. 289. No costs, fees, disbursements or allowances shall be recovered or inserted in any judgment against the city ot Rome, or against any of its officers or authorized agents, where said city would be liable to such officer or authorized agents, unless the claim, whether arising on contract, express or im- plied or on tort, upon which such judgment is founded, shall have been presented for payment to the common council of the city of Rome at least forty days before the commencement of an action thereon. Sec. 290. The mayor, the president of the common council, president of any board, or chairman of any committee or spe- cial committee of the common council, shall have power to ad- minister any oaths or take an affidavit in respect to any mat- ter pending before the common council or such board or com- mittee, and any person who may be required to take an oath or affirmation or to make any affidavit or statement under oath or affirmation, under or by virtue of any provision of this act, who shall under such oath or affirmation in any statement or affidavit or otherwise, wilfully swear falsely as to any material fact or matter, shall be guilty of perjury. Sec. 291. When corporations, associations, copartners, joint tenants or tenants in common, are to be served with a notice under any provisions of this act, or under the direction of the oommon council, it shall be deemed sufficient, valid and legal service of such notice to serve a copy thereof upon the presi- dent, cashier, treasurer, one of the directors or the managing agent of such corporation or association, or upon any one of such copartners, joint tenants or tenants in common. Sec. 292. The affidavit of the service of any notice under the provisions of this act, or under the direction of the common council, made by the person serving the same or where the service is by publication, the affidavit of the publisher of the 141 paper, the clerk, editor or foreman in his office stating that such notice has been published the time required by law, and filed with the city clerk, shall be presumptive evidence of such service in all courts and places as shall also be certified copies of the same. Sec. 293. Every act, ordinance, by-law, public regulation, resolution or proceeding of the common council or of any of the boards of the city of Rome, may be read in evidence in all courts and places in this state, either: 1. From a copy of such act, ordinance, by-law, public reg- ulation, resolution or proceedings certified by the city clerk, under the seal of the city; or 2. From the printed volume of ordinances, by-laws and public regulations printed by authority of the common council. Sec. 294. The charter of the city of Rome may be read in evidence from the volume containing such charter, printed by authority of the common council, or from a copy certified by the city clerk, or from the session laws of the state of New York containing the same. Sec, 295. The word “person” in this act shall be con- strued to include persons, firms, companies, corporations and associations. Sec. 296. A description and map of all the streets, high- ways, alleys, lanes., side and crosswalks, drains, sewers, water mains, hydrants, public squares and walks in said city hereto- fore laid out or which shall have been dedicated to the public, or given to the village or city of Rome or which shall have been used or occupied by the public for twenty years, shall be re- corded in a book to be kept by the city clerk for that purpose, and said map shall be filed and kept in the office of the city clerk. A description of every street, public grounds, sidewalk, crosswalk, drain, sewer, water mains, hydrants and public squares and walks thereafter made or altered or discontinued 142 shall be recorded in the same book, or in a set of books, to be kept for that purpose, and a map of every new street hereafter made, and of every alteration in a street, shall be made and filed with and kept in the office of said clerk. Said record and map shall be prima facie evidence of the facts therein stated, described or portrayed in all actions or courts. Sec. 297. The moneys of all leases, licenses and for all pen- alties and forfeitures for violation of this act or the by-laws, ordinances or regulations of the city, and all fines imposed in and by the city court and all costs received or collected in ac- tions brought in the name of the city in the city court, shall be paid to the city treasurer for the use of the said city and by him passed to the credit of the general city fund. Sec. 298. Nothing in this act shall be construed to prevent the board of supervisors of the county of Oneida from exer- cising in respect to the assessment rolls of said city delivered to them, or the taxes imposed by them thereby, the same powers which are vested in boards of supervisors in respect to town assessment rolls and town and county taxes or in the correc- tion thereof; but no charge shall be made by said board in the relative valuation of the different wards as such, but the same shall be considered as a whole. Sec. 299. Excepting as herein otherwise specifically pro- vided, in case any administrative board of the city shall expend any moneys or incur any obligations at the request or on ac- count of any town or of the county of Oneida for which such town or county may be liable, the amounts paid by such town or county on account of such obligations incurred or moneys expended, shall be passed by the city treasurer to the credit of the administrative board making such expenditures or incur- ring such obligations. Sec. 300. All taxes and assessments of the city of Rome un- collected at the time of going into effect of this act shall be collected in the manner herein provided for the collection of taxes and assessments. 143 Sec. 301. At least six days before an election to fill any public office, the city clerk shall cause to be published twice in the official newspapers of the city a list of all nominations of candidates for offices to be filled at such election, certified to said clerk or filed in his office. Such publication shall contain the name and residence, the street number of the residence and place of business and the party or other designations of each candidate, and a facsimile of the emblems or devices selected and designated in accordance with the election law of the state of New York for each party or other designated nominations in order to represent and distinguish the several political parties or independent bodies. Should the city clerk find it impractica- ble to make the publication six days before election day, he shall make the same at the earliest possible day thereafter and before the election. Such list of nominations of candidates for offices to be elected in and for the city of Rome solely shall not be published in any newspapers which are not published in the said city of Rome. Sec. 302. This act is hereby declared a public act, and to be construed accordingly. Sec. 303. Chapter twenty-five of the laws of eighteen hun- dred and seventy, and all acts and parts of acts amendatory thereof or supplemental thereto, and all acts and parts of acts inconsistent with and repugnant to the provisions of this act, are hereby repealed, excepting and saving that nothing herein contained shall be deemed to repeal or in any way affect chap- ter six hundred and twenty-four of the laws of eighteen hun- dred and ninety-nine, and all acts and parts of acts amendatory thereof or supplemental thereto, and saving, reserving and confirming to the said city all acts done and all rights, privi- leges, franchises and titles which have arisen or may or might arise therefrom, but such repeal shall not revive any act or part thereof heretofore repealed and nothing herein contained shall be so construed as to destroy, impair or take away any right or remedy acquired by any act hereby repealed or affirmed, and all proceedings or actions commenced under such acts may be prosecuted and defended as though this act had not been 144 passed; and the provisions of act so far as they are substantially the same as those of laws existing at the time of the passage of this act and especially the provisions of chapter six hundred and twenty-four of the laws of eighteen hundred and ninety- nine and chapter three hundred of the laws of nineteen hun- dred and three, shall be construed as a continuation of such laws modified or amended according to the language employed in this chapter and not a new enactment. See. 304. (Added by Chapter 651, Laws of 1906). Upon the written request of twenty-five taxpayers of that portion or part of the city outside of the corporation tax district the electors thereof may, at the next annual election held in and for said city, vote by ballot upon the question of changing the system of taxation for working the highways in that portion or part of said city as aforesaid. Such written request shall be acknowledged the same as deeds entitled to be recorded, and be filed in the office of the city clerk at least thirty days prior to the date of such annual election. If a majority of tlio^e voting upon sued! question vote to change such system, the change shall not take effect until the next annual meeting of the board of supervisors of Oneida county after the election at which it was decided to make the change. If the money system of taxation is adopted the amount of taxes required shall be levied and collected in the manner hereinbefore pro- vided. If the labor system of taxation is adopted the high- way labor shall be assessed by the board of public works and be performed under the supervision, direction and control of the said board of public works, the same as in towns and as provided by the highway law; except that the highway labor assessed against any railroad corporation for that portion of its road outside the corporation tax district shall be assessed in one item and not in separate road districts, and shall be paid in money at the commutation rates to the city treasurer for the benefit of the highways generally. 145 CHAPTER 13, LAWS OF 1905. AN ACT authorizing the city of Rome to issue bonds for the purpose of paying for extending and constructing street im- provement. Accepted by the city. Became a law, February 22', 1905, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The city of home, by its common council, is here- by authorized and empowered, and it shall be its duty, by reso- lution duly adopted, to issue and sell bonds in the name, in be- half of and upon the credit of said city in an amount not ex- ceeding in the aggregate the sum of twenty thousand dollars par value, for the purpose of paying the city’s share, portion or part of the cost and expense of extending and construction street improvements which have been made and completed in said city, and the proceeds of such bonds shall be applied by said common council for the objects and for the purposes afore- said, and for no other purpose. Sec. 2. Such bonds shall be signed by the mayor and city clerk of said city, and sealed with the seal of said city. They shall be issued upon such terms and for such length of time and at such rate of interest, not to exceed four per centum per annum, as said common council shall determine, and shall be sold for not less than their par value. They may be sold at public or private sale, as said common council may determine. They shall be numbered consecutively from one to the highest number issued, and the city clerk shall keep a record of each bond, the date, amount, rate of interest, when and where pay- able, and the purchaser thereof. Sec. 3. It shall be the duty of said city to be caused to be raised yearly by tax upon the taxable property in said city, in the same manner as the other general taxes are levied, a sum sufficient to pay the interest upon said bonds, when and as the same shall become due and payable and from time to time in like manner, to raise the money necessary to pay the principal of said bonds as they shall fall due. Sec. 4. This act shall take effect immediately. j CHAPTER 393, LAWS OF 1908. AN ACT to provide for the election of a justice of the peace in the City of Rome. Became a law, May 20, 1908, with the approval of the Governor, Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 There shall be elected in the city of Rome at the general election to be held in said city in November, nineteen hundred and eight, and every four years thereafter, a justice of the peace, who shall hold office for a term of four years, begin- ning on the first day of January following his election. Sec. 2. The justice of the peace so elected shall have and keep an office or place for the transaction of his official busi- ness within said city, and not elsewhere. He shall have and exercise all the powers, authority and jurisdiction, and dis- charge all the duties, and be entitled to all the fees and com- pensation of justices of the peace of the several towns of this state, except that he shall not have jurisdiction of any criminal matter arising within the city of Rome, nor in any action brought to recover a fine, penalty or forfeiture for the viola- tion of any of the provisions of the charter of said city, or the by-laws, ordinances, rules and regulations of said city, or for 147 the recovery of taxes and assessments imposed or assessed pur- suant to the charter of said city, unless designated by the mayor to act in place of the city judge, in which case he shall have the same powers and be subjected to the same duties provided in said charter relating to the powers and duties of the city judge. Said justice of the peace shall have the same territorial juris- diction as justices of the peace of the several towns of this state, and a summons issued by said justice of the peace may be served in any part of Oneida county, and except as herein otherwise provided, all laws applicable to justices of the peace of the several towns of this state and to their official acts, duties and powers, shall apply to the said justice of the peace. Appeals from any judgment rendered by said justice of the peace may be taken to the county court of Oneida county with- in the time and in the manner prescribed by law for appeals from judgments rendered by justices of the peace in towns, and all provisions of law relative to appeals from such judg- ments shall apply to appeals from judgments rendered by any justice of the peace elected under the provisions of this act. Before entering upon the discharge of the duties of his office said justice of the peace shall take and file in the clerk’s office of Oneida county the oath of office prescribed by law. Sec. 3. Any action or proceeding brought or instituted be- fore said justice of the peace shall, on motion of any defendant to such action or proceeding, be removed to the city court of said city, if such defendant shall at the time of joining issue 01 before any witness is sworn therein file an affidavit with the said justice that he has a meritorious defense, offset or coun- terclaim to the plaintiff’s cause of action, and pay to said jus- tice the legal fees for all proceedings had and taken in said action or proceeding up to the time of filing such affidavit. The said justice of the peace shall thereupon and within twenty- four hours after the filing of said affidavit and payment of costs, as aforesaid, return to the said city court all papers and proceedings made, had and taken before hi in in said action or proceeding, and said action shall thereafter proceed and be de- termined in said city court in the same manner and with the same effect as if originally instituted therein, and issue in said 143 action or proceeding shall be deemed to have been joined in said city court as of the day the original process in such action or proceeding was made returnable before the said justice of the peace. Any justice of the peace failing to certify and re- turn to the said city court all papers and proceedings made, had and taken in an action or proceeding brought before him and re- moved to said city court, as herein provided shall, upon con- viction thereof, be deemed guilty of a misdemeanor and for- feit his office. Sec. 4. Nothing herein contained shall be construed as limit- ing, changing, modifying, abrogating or repealing any of the powers and duties conferred upon the city court of the city of Borne or the city judge by the charter of said city of Borne, and all of the provisions of said charter relating to said city court and said city judge shall be and remain unimpaired. Sec. 5. This act shall take effect immediately. CHAPTER 321, LAWS OF 1909. AN ACT to establish a police pension fund for the city of Rome, and to regulate the collection, management and dis- bursement thereof. Became a law May 10, 1909’, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The mayor of the city of Rome for the time being (and his successors in office), the city treasurer of such city for the time being (and his successors in office), the chief of police of such city for the time being (and his successors in office), and the board of fire and police commissioners of such city for the time being (and their successors in office), shall constitute a board of trustees of the police pension fund 149 hereinafter mentioned. The mayor of the city of Rome shall be president of said board, and the clerk of the board of fire and police commissioners of said city shall be secretary of said board of trustees of the police pension fund. The city treas- urer of said city shall be the treasurer of said police pension fund. Said board of trustees' shall have charge of and admin- ister said fund from time to time and invest same or any part thereof as they shall deem most beneficial to said fund and are empowered to make all necessary contracts and take all neces- sary and proper action and proceedings in the premises and to make payments from said fund of pensions granted in pursu- ance of this chapter. The said trustees shall, from time to time, establish such rules and regulations for the administra- tion of the police pension fund as they may deem best. They shall report in detail the condition of said fund at the close of each fiscal year of the police department, through their sec- retary, to the common council and said report shall be pub- lished with the annual report of the police department. No payments whatever shall be allowed or made by said trustees as rewards, gratuities or compensation to any persons for sal- ary or services rendered to or for said board of trustees. Sec. 2. The police pension fund shall consist of the follow- ing with the interest and income thereof, namely: 1. All fines imposed upon the members of the police force by the board of fire and police commissioners of such city. 2. All moneys received for said fund from donations, lega- cies, gifts, bequests' or otherwise, for and on account of said fund. 3. One-half of all rewards, gifts and emoluments presented, paid or given to any member of the police force of such city, for or on account of police services and not properly belonging to the city. 4. All moneys paid for special services of policemen at ball games, county fairs, balls, parties, weddings, excursions or picnics, or other special services. 150 5. All last or stolen money remaining in the hands of the chief of police, the city court, or the justice of the peace of such city for a period of one year, for which there shall be no lawful claimant; and the moneys arising from the sale of unclaimed property, which the chief of police of such city is hereby authorized to sell after said property shall have been held, without a lawful claimant, for a period of one year. 6. All fees, and moneys realized or received from the grant- ing or issuing of permits to carry revolvers or other weapons, which shall be issued as provided by law, and the ordinances of said city now or hereafter adopted, and one-half of all fines imposed and collected from persons found guilty of carrying concealed weapons. 7. All moneys realized, derived or received from the col- lection of license fees collected from the owners of dogs in said city, in pursuance of the provisions of the ordinances of said city. 8. The treasurer of the city of Rome shall annually after January first, nineteen hundred and ten, deduct two per cen- tum from the police earnings which are received by him from the board of supervisors of the county of Oneida, and deposit the same to the credit of the police pension fund, for the use and benefit thereof. 9. The treasurer of the city of Rome shall annually after January first, nineteen hundred and ten, deduct five per cen- tum from the city’s portion of the excise money received by him from the county treasurer of the county of Oneida and deposit the same to the credit of the police pension fund, for the use and benefit thereof. 10. A sum of money equal to, but not greater than two per centum of the monthly pay, salary or compensation of each member of .the police force of said city, which said sum shall be deducted monthly by the clerk of the board of fire and po- lice commissioners of the city from the pay, salary or com- 151 pensation of each and every member of the police force, in- cluding the chief and assistant chief of police; and the said clerk of said board of fire and police commissioners is hereby authorized, empowered and directed to deduct the said sum as aforesaid and forthwith to pay the same to the treasurer of the police pension fund. 11. Whenever by any of the provisions of this act as it now exists or may hereafter be amended, licenses, fees, taxes or other moneys, collected and received by the city, shall form and be a part of the policemen’s pension fund, only such por- tion of such licenses, fees, taxes or other moneys, collected by the city, shall form a part of said fund, or be turned over to the board of trustees of said fund, as shall remain after de- ducting all of the expenses of the city and its departments in collecting and enforcing the collection of such moneys. Section 3. The board of fire and police commissioners of said city shall have power, in its discretion, by a vote of at least three of its members to retire and dismiss from mem- bership in said police force and thereupon grant pensions as hereinafter provided to any member of the police force of said city, who shall have become disabled physically or mentally or so advanced in age as to be unfit for police duty, and, by a like vote of the board, to widows and orphans of such mem- bers, to be paid from the police pension fund by the board of trustees as follows: 1. Any member of said police force who shall, after twenty years of membership, become superannuated by age, perma- nently insane or mentally incapacitated or disabled physically or mentally, so as to be unfit or unable to perform full police duty by reason of such disability or disease contracted with- out misconduct on his part, one-half of the pay of such officer at such time, to be paid monthly. 2. To the widow of any member of the police force who shall have been killed while in the actual performance of duty or shall have died from the effects of any injury received while in the actual discharge of such duty, who shall hereafter die after twenty years of service in the police force in the. city of Rome or who shall have been retired upon a pen- sion under section four of this act, if there be no child or chil- dren under sixteen years of age of any such member, the one- half the pay of such officer at the time of his death or retire- ment, payable monthly; but if there be any such child or chil- dren of said member under the age aforesaid, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said board of trus- tees of the police pension fund shall direct. 3. To any child or children under sixteen years of age of such member killed or dying as aforesaid, or pensioner as aforesaid, but leaving no widow, or if a widow, then after her death or remarriage to such child or children being under six- teen years of age, a sum equal to one-lialf of the pay of such officer at the time of his death or retirement, payable monthly. 4. To the mother depending for support upon such mem- ber killed or dying as aforesaid, or pensioner as aforesaid, leaving no widow or children, one-half of the pay of said of- ficer at the time of his death or retirement, payable monthly. Sec. 4. Any member of the police force who, while in the actual performance of duty and by reason of the performance of such duty and without fault or misconduct on his part, shall have become permanently disabled, physically or mentally, so as to be unfit to perform full police duty, upon his applica- tion in writing or upon a certificate of the police surgeon showing that such member is permanently disabled, physically or mentally, so as to be unfit for duty, shall, by resolution adopted by two-thirds vote of the board of fire and police com- missioners of said city, be retired and dismissed from said force and service and placed on the roll of the police pension fund and awarded and granted, to be paid in monthly install- ments from said pension fund, an annual pension during his lifetime, of a sum equal to one-half the full salary or compen- sation of such member so retired. Pensions granted under this act shall be for the natural life of the pensioner and shall not be revoked, repealed or diminished, except as herein other- wise provided, and except in case that said fund shall be in- sufficient to pay the same in full,, in which event there shall be such pro rata reduction as the condition of the fund de- mands. Sec. 5. Pensions to widows shall terminate when the widow shall remarry and pensions to children shall terminate when- ever the children respectively arrive at the age of sixteen years. No member of the police force shall be awarded, grant- ed or paid a pension on account of physical or mental disa- bility or disease, unless upon the certificate of the surgeon of the police department, which shall set forth the cause, nature and extent of the disability or the disease or injury of each member of the police force who may be placed upon the pen- sion roll, and said certificate shall distinctly state wherein such disability, disease or injury was incurred or sustained by said member of the police force in the performance of police duty, if so incurred, and such certificate shall in each case be filed and entered on the minutes of the board of fire and police com- missioners. Sec. 6. No person who may be a member of the police force of the city of Rome at the time of the passage of this act shall be entitled to any of the benefits herein unless he shall, within thirty days after the passage thereof, elect in writing to come under the provisions of this act, and consent in writing to the monthly deduction of two per centum of his monthly salary or compensation as provided by subdivision ten of section two of this act, and file such election and consent with the secretary of the board of trustees of the police pension fund within said thirty days. Sec. 7. Nothing in this act contained shall be construed to bind or hold the board of fire and police commissioners, or the trustees of the police pension fund, hereby created, liable for any pension or other moneys to be paid under this act be- yond the amount received by them in pursuance of this act. 154 And in case said fund shall not be sufficient to pay said pen- sions provided for herein, and granted by said board of fire and police commissioners, in full, then such sum less than herein provided shall be paid to said pensioners pro rata, as the conditions of the fund will warrant. Sec. 8. The health officer of the city of Rome shall be, and he hereby is, constituted the police surgeon of said city of Rome, and directed to perform all the duties herein imposed upon the police surgeon, but without additional pay or com- pensation. Sec. 9. This act shall take effect immediately. CHAPTER 185, LAWS OF 1917. AN ACT to create and establish a firemen’s relief and pension fund for the fire department of the city of Rome and author- izing the granting and payment of pensions and relief there- from. Became a law April 16, 1917, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Definitions. Unless otherwise specified in this act, the words and terms in this section mentioned shall be de- fined and construed as follows: 1. 44 Fire commissioners” shall include the fire and police commissioners of the city of Rome, their successors in office, and the person, persons or officers hereafter designated by any statute to have charge and control of the fire department of said city. 155 2. 4 ‘Fund” shall include the firemen’s relief and pension fund hereby established. 3. 1 ‘ Board of trustees” shall include the board of trustees of the firemen’s relief and pension fund hereby created. 4. “Fire department” shall mean and include: (a) All officers and members of the paid fire department of said city now in office who shall comply with the provisions of this act. (b) All officers and members of the paid fire department of said city hereafter appointed by the fire commissioners, who shall, after examination by a physician and surgeon selected by the said board of trustees, be found to be in sound health and physical condition and able to perform liis full duty as such officer or member and who shall comply with the provisions of this act and also pay into said fund the sum of five dollars to cover the expenses of such examination and other expenses. Sec. 2. Firemen’s relief and pension fund. There shall be and hereby is established in the city of Rome a firemen’s relief and pension fund for the fire department of said city, which shall consist of: 1. All fines, penalties and forfeitures imposed upon the offi- cers and members of said fire department by the fire commis- sioners of said city and collectible from pay or salary. 2. All rewards, fees, gifts or emoluments other than salary that may be paid or given for or on account of services rendered by any such officer or member except such as shall be allowed by said fire commissioners to be retained by such officer or member. 3. All sums of money or property that may be contributed by gifts or raised by entertainments given for that purpose, 4. An assessment of two per centum per month on the sal- aries of all officers and members of said department, which said 156 sum or assessment. shall be deducted semi-monthly by the treas- urer of the city from the salary of each and every officer and member of said department and held by such treasurer for the benefit of said fund. 5. The sum of two thousand dollars to be raised by taxation of the property in the corporation district of said cify of Rome. This sum is to be known as a permanent fund and to be used only in an emergency. Each year a sum of money to be raised by taxation of the property in the corporation tax district in said city, equal to the amount paid to officers or members of said department on pension and to make up any deficiency in the aforesaid sum of two thousand dollars. 6. The common council may, by. ordinance, authorize and direct the payment into said fund of any penalties recovered for violation of any ordinance of the city and the moneys so paid shall be used for the purposes for which said fund is created. Sec. 3. Board of trustees. The mayor, the treasurer of the city, the members of the fire and police commission and the chief of the fire department and their successors in office, shall constitute the board of trustees of said fund. The mayor shall be chairman, the treasurer of the city shall be treasurer, and the clerk of the board of fire and police commissioners shall be secretary thereof, and each of such officers of the board of trus- tees shall serve without compensation. Said board of trustees shall have the exclusive control, management and distribution of said fund and the treasurer of the city shall be custodian thereof. Said fund shall be kept by the treasurer of the city, separate and apart from any other funds under his custody, and the sureties on the official bond of said treasurer shall be liable for the safe-keeping and due accounting by such treasurer of the moneys and securities belonging to said fund. The board of trustees may make rules and regulations for its government and shall hear and determine all applications for relief or pension under this act. It shall cause to be kept a record of all its pro- ceedings and meetings. No payments whatever shall be made or allowed by said board of trustees as rewards, gratuities or compensation to any person for salary or services rendered to or for such board of trustee. Said board of trustees is empow- ered to make all necessary contracts, institute all necessary and proper actions or proceedings and make payments from said fund of relief or pension as provided by this act and not other- wise. The city attorney of the city of Rome shall be the legal * adviser of such board of trustees and shall have charge of all actions or proceedings brought by or against such board or the members thereof, and shall serve without additional compen- sation therefor. When this act takes effect the mayor shall call a meeting of said board of trustees for the purpose of carry- ing the provisions of this act into effect. A majority of such board of trustees shall constitute a quorum. Sec. 4. Pension, when payable : 1. Any officer or member of the paid fire department who may be found upon examination, by a physician or surgeon of good repute, duly certified under oath, disqualified physically or mentally for the performance of his duties in the depart- ment by reason of long service, disease or disability caused or induced by the active performance of the duties of his position,, without fault or misconduct on his part, may, during the con- tinuance of such disability, be retired by the fire commission- ers, provided that if such officer or member objects to being so retired, he may demand an examination as to such disability by three competent physicians or surgeons of good repute and standing, one to be selected by the fire commissioners* one by such officer or member, and the third by the two physicians or surgeons selected by the fire commissioners, officer or member as aforesaid, and the three so selected shall examine such offi- cer or member and the finding of the majority of such exam- iners shall be final as to the ability or disability at that time of such officer or member to perform his full duty, and if found able, he shall be returned to duty at the same salary and rank then paid and held by him. Any officer or member retired under the preceding provision of this section, shall, however, remain under the orders of the fire commissioners, w T ho may 158 order him at any time to do such duty of which he is capable as may be decided to be for the best interests of said department, and while so serving he shall be paid the same salary as that received by the other members of the department of the same rank. 2. Every officer or member of said department who may* have become permanently incapacitated from performing full duty as such officer or member by reason of age or of disease or disability caused or induced by injury or by long service and exposure while in the line of his duty, without fault or miscon- duct on his part, may, on his own application, be retired from service by a majority vote of said fire commissioners, provided the applicant has been examined by three physicians or sur- geons selected as aforesaid, and their sworn certificate signed by a majority of such examiners filed with the fire commis- sioners, showing that the applicant is permanently disqualified from performing his duties in said department. 3. Any officer or member of said department who shall have served therein for twenty years or more since the year eighteen hundred and eighty-one and who is mentally or physically dis- qualified from performing the duties of his employment, said accident or disease contracted while performing his duty, or has attained the age of sixty years, may retire upon his own application without examination. 4. Except as otherwise prescribed by this act, a pension shall be granted and paid to each person retired under the pro- visions of this section to the amount of one-half of the salary paid to such person at the time of his retirement, and shall be payable in monthly installments. No officer or member of said department shall be entitled to any allowance as pension during the time he shall be receiving full salary from said city of Rome. 5. Any officer or member of said department who has been placed on pension, can not be employed or receive pay or sal- ary from any other department of the city of Rome. 159 See. 5. Pension to widow and children. Said board of trus- tees may also in its discretion grant, authorize and direct the payment of pensions, payable out of said fund as follows: 1. To the widow and child or children of any officer or member of said department who shall have been killed while in the actual performance of' duty, or who shall have died from the effects of injury received or disease contracted while in the dis- charge of duty, a sum per month not exceeding one-half of the monthly salary paid to such deceased officer or member at the time of his death, irrespective of duration of service. If there be no child or children under eighteen years of age of said officer or member living then all sums allowed under the fore- going provision of this section shall be paid to said widow, and if there be any such child or children under the age aforesaid, then said sum may be divided between said widow and child or children in such proportion and in such manner as said board of trustees may direct. 2. To any child or children under eighteen years of age, of any deceased officer or member mentioned in the preceding subdivision who died leaving no widow, or if a widow, then after her death or marriage, to such child or children under eighteen years of age, a sum per month not exceeding one-half of the monthly salary paid to such deceased officer or member at the time of his death, to be apportioned in such manner as said board of trustees may direct. 3. To any dependent parent or parents of any deceased officer or member mentioned in subdivision one of this section who died leaving no widow or child under eighteen years of age, a sum per month not exceeding one-half of the monthly salary paid to such deceased officer or member at the time of his death to be apportioned in such manner as the said board of trustees may direct, 4. If there be any deceased retired officer or member of said department, who has been retired by the board of trustees, upon 160 his death said pension shall be paid to the widow, child or chil- dren, or dependent parent or parents if there be any. Sec. 6. Termination of pensions of widow, children. Pen- sions granted to a widow shall terminate when the widow shall remarry and pensions granted to children shall terminate when- ever they shall respectively marry or arrive at the age of eigh- teen years. Said board of trustees may in its discretion termi- nate or diminislrany pension or any part thereof granted to any widow, child or parent whenever they deem that the necessi- ties of such widow, child or parent do not require its contin- uance. Sec. 7. Payments, how made. All payments from said fund shall be made by the city treasurer only upon warrants signed by the chairman of the board of trustees and counter- signed by the city clerk and no warrant shall be drawn except by order of the board of trustees duly entered in the record of its proceedings. The city treasurer shall deposit the moneys belonging to said fund in the bank or banks designated by the board of trustees. Sec. 8. Annual reports. In the month of January, of each and every year, the clerk of the board of trustees shall make a report in writing to the common council of the condition of said fund, in which report there shall be clearly set forth a complete itemized statement of all receipts and disbursements during such year, giving the name of each and every person, corpora- tion or association from whom any money or property has been received or to whom any money or property has been delivered or paid on account of said fund, together with the total amounts thereof. Sec. 9. Officers receiving money to pay same to treasurer. Any officer or board of officers of the city who shall realize, re- ceive or derive any money, which, under the provisions of law constitute a part of said fund, is hereby directed to pay over the 161 same immediately to the treasurer of the city to be used and applied as a part of said fund. Sec. 10. Swearing falsely. Any person who shall wilfully or knowingly swear falsely in any oath or affirmation in obtain- ing or procuring any relief or pension or the payment thereof, under the provisions of this act, shall be guilty of perjury. Sec. 11. Board of trustees to serve without additional com- pensation. No member of such board of trustees shall be paid or receive any additional compensation for his services as a member of such board. Sec. 12. Every officer or member of said department, who wishes to join the pension fund must sign an election to take advantage of the provisions of this act. Sec. 13. All acts or parts of acts inconsistent with, or repug- nant to, the provisions of this act are hereby repealed. Sec. 14. This act shall take effect immediately. ORDINANCES OF THE. CITY OF ROME AS PASSED BY THE COMMON COUNCIL Revised to June 1, 1919 165 Ordinance No. 1. No person shall make, aid, countenance or assist in making any riot, noise, false alarm of fire, disturbance or improper diversion or behave in an indecent or disorderly manner in the streets, in any public or private premises, or elsewhere in the city, to the annoyance or disturbance of citizens or travelers, or commit any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, under a penalty of not to exceed fifty dollars for each offense. Ordinance No. 2. Any person who shall appear in the streets or in any public place in the city in a state of intoxication may be arrested with- out a warrant while so intoxicated, and upon conviction shall forfeit and pay a penalty of not more than fifty dollars for each offense. Ordinance No. 3. No person shall be allowed to bathe in any pond, river, canal, or other stream within the corporation tax district, under a pen- alty of not to exceed ten dollars for each offense. Ordinance No. 4. No person shall keep or assist in keeping a disorderly or gaming house or establishment, billiard table, shuffle board, e. o., table, faro bank, or any other instrument for gaming, where, or on, or with which money, liquor or any other article shall in any manner be played or gambled for, under the pen- alty of not to exceed fifty dollars for each offense and the fur- ther penalty of twenty-five dollars for every forty-eight hours during which such person shall continue to keep or assist in keeping the same after a conviction for a violation of this ordi- nance. Ordinance No. 5. No person keeping a bowling alley or floor shall permit any 166 game to be played on Sunday, or at any time between one o’clock and six o’clock in the morning, under the penalty of five dol- lars for each offense. Ordinance No. 6. No person, firm or corporation shall sell, distribute, show, post or exhibit or cause to be sold, distributed, shown, posted or exhibited, any print, writing, bill poster, paper, picture, draw- ing, photograph, figure or image of an obscene, lewd, lascivious or indecent character, under a penalty of not more than fifty dollars. Ordinance No. 7. No person shall keep or assist in keeping a brothel or a house of assignation, nor entertain or assist in entertaining lewd women for the purpose of prostitution, nor procure or aid in procuring lewd women for that purpose, under penalty of not to exceed fifty dollars for each offense. Any owner or lessee of a house or tenement who shall permit any occupant thereof who shall have been convicted of any vio- lation of this ordinance to continue in the occupation thereof for the purpose of prostitution for ten days after having re- ceived notice of such conviction from the mayor, the magistrate before whom the conviction shall be had, or the chief of police, shall pay a penalty of twenty-five dollars for every week’s con- tinuance of such occupation thereafter. Ordinance No. 8. Every person convicted as a vagrant, mendicant, street beg- gar, or common prostitute, shall forfeit and pay a penalty of not to exceed fifty dollars. Ordinance No. 9. No person shall play ball or any other game or raise or fly a kite in any street, under a penalty not to exceed five dollars. 167 Ordinance No. 10. No person shall ring any bell, or make any public outcry or proclamation for any public sale or auction, under the penalty of not to exceed ten dollars. Ordinance No. 11. No person shall skate or slide upon any sleds, or otherwise, upon any sidewalk in the city, under penalty of not to exceed ten dollars for each offense. Ordinance No. 12. No cattle, horses, goats, sheep, swine, chickens, ducks or geese, shall be permitted to run at large, within the corporation tax district, under a penalty not to exceed ten dollars for each violation of this ordinance. Ordinance No. 13. No person shall fire or aid or assist in firing any gun, pistol, squirt, rocket, firecracker, gunpowder, fireworks or explosive combustible, in the streets, public squares or pleasure grounds, or within twenty rods of any dwelling house or store, under the penalty of not to exceed fifty dollars for each offense. Ordinance No. 14. No person shall in any street or at any railroad station, or boat landing, solicit passengers for any means of public con- veyance, or guests for any tavern, boarding or victualing houses, or recommend or advertise any means of conveyance, carriage, tavern, boarding or victualing house, under a penalty of not to exceed fifty dollars for each offense. No person shall employ, aid or countenance any person in violating any of the provis- ions of this ordinance, under like penalty. Ordinance No. 15. Any person who shall wilfully hinder or obstruct any officer of the city in the performance of any duty required of him in 168 pursuance of the laws incorporating the city, or the ordinances, by-laws or resolutions of the Common Council or any public board, shall forfeit and pay a penalty of not to exceed fifty dol- lars for each offense. Ordinance No. 18. No person, firm or corporation shall give, or assist in giving, free or for money, any theatrical representation or public con- cert or performances of. any kind, in the bar-room of any inn, tavern, hotel, restaurant or saloon, or in any room adjacent to or adjoining the bar-room of any inn, tavern, hotel, restaurant or saloon, under a penalty of not to exceed fifty dollars for each offense. Ordinance No. 17. No person, except members of the police or fire departments, or of fire, hose or hook and ladder companies of this city, shall jump, or attempt to jump, or attempt to ride, on or upon any hose cart, fire engine, hook and ladder truck, wagon, cart, sleigh, or any other vehicle, apparatus, chattel or tiling in the service of the fire department or its officers, or of the Board of Fire and Police Commissioners of Rome, N. Y., while the same is getting ready, starting or being driven, hauled, taken or propelled to or from a fire, or in response and obedience to any call or alarm of fire, even if false, or while it is at or about a fire, and whether in operation or not. Any person violating this ordinance shall forfeit and pay a penalty of not to exceed fifty dollars for each offense. Ordinance No. 18. No person, firm or corporation, except members of the fire de- partment, in preparing to play upon or extinguish a fire, or in operating upon the same in time of fire, shall drive, conduct, pass or propel, or cause to be driven, conducted, passed or pro- pelled, any wagon, carriage, horse car, street or electric car, truck, engine, sleigh or other vehicle, on, upon or over any un- covered hose laid for use and operation, or in use and operation by the fire department at any fire. But when a fire is substan- 169 tially extinguished or under control and subjection, if it is nec- essary to play upon and quench the embers with a stream of water conducted through a hose stretched along or across any street, lane, alley, public square or public thoroughfare, it shall then be the duty of the chief engineer of the fire department, or of the official having the charge, control and management of the fire companies and apparatus at any fire, to cover and protect by boards or other proper material, the hose so in use, in order that public travel, traffic and business may not be unduly sus- pended, hindered, impaired or obstructed. And any violation, neglect or non-performance of the duty imposed by this ordinance upon any of the officials of the fire department, or person in that capacity, shall be a violation of this ordinance, and shall subject the violator to the penalty and forfeiture hereinafter stated. Any person, firm or corporation violating this ordinance or any provisions thereof, and any official who shall neglect or fail to perform his duty thereunder, and shall violate the same, shall forfeit and pay a penalty of not to exceed fifty dollars for each offense. Ordinance No. 19. No person in shoveling, plowing, cleaning or removing in any manner snow and ice from and off any sidewalk, crosswalk, pav- ing, square, street, lane, alley, roof, awning or other place or thing shall cover and conceal or leave covered and concealed from view any of the hydrants of the city. And any person so removing snow and ice shall be careful to leave exposed and easily accessible the hydrants of the city in order that they may be quickly and readily discovered for practical uses and pur- poses in case of necessity or emergency. Any person violating this ordinance shall forfeit and pay the penalty of not to exceed fifty dollars for each offense. Ordinance No. 20 Sec. 1. No person shall move, or cause or permit to be moved, 170 any building into, along or upon any street, highway, alley or lane, without permission from the Board of Public Works, under a penalty of not to exceed twenty-five dollars for each offense. Bee. 2. No person having permission from the Board of Pub- lic Works to move a building into, along or upon a street, high- way, alley or lane, shall suffer or permit the same to remain therein for a longer period than two days, under a penalty of not to exceed twenty-five dollars for each offense. Ordinance No. 21. No person shall erect or cause to be erected, any building so- as to project over the line of and into any street or alley; and if any building shall be found to project over the street or alley line, the owner or owners, or the persons causing it to be erected, shall, within twenty days after they shall be required by the mayor or chief of police, remove the same under penalty of not to exceed twenty-five dollars, and the further penalty of five dollars for every twenty-four hours the building shall be suf- fered to remain over the line of the street or alley. Ordinance No. 22. The sidewalks and crosswalks of the city, and the bridges, within the city limits, being intended for the public accommoda- tion and convenience, shall be kept and reserved free from all obstructions; and all groups or assemblages of persons thereon, at any time, are prohibited. No person or persons shall stand or sit on such sidewalks or crosswalks, or on any such bridge or railing thereof, or occupy the same or stand, sit, congregate or assemble in any hallway, doorway or entrance to any building,, so as in any manner to obstruct the free passage thereon, or to hinder, molest or annoy any person in passing along, in or about the same. Any person violating the provisions of this ordinance shall forfeit and pay a penalty of not to exceed fifty dollars for each violation thereof. Ordinance No. 23. No person shall suffer any carriage, wagon, cart, sleigh or sled, without horses, to remain or stand on any street or lane 171 without a written permit from the Board of Public Works, under a penalty of not to exceed ten dollars for each offense. Ordinance No. 24. No person shall suffer any horse or horses in any street un- less they shall be securely tied, nor at any time fasten any horse or horses to any porch, or in such a way that they, or their reins or lines, shall be an obstacle to the free and full use of any side or crosswalk, under the penalty of not to exceed ten dollars for each offense. The person in whose possession or use the horse or horses shall be, shall be deemed the offender, unless he proves the contrary, to the satisfaction of the magistrate before whom he is tried. Ordinance No. 25. No person shall fasten a horse, or any other animal, to, or shall climb, whittle, bruise or otherwise injure any ornamental or shade tree in any street, public square or pleasure ground, or any protection around the same, under the penalty of not to ex- ceed ten dollars for each offense, besides being liable in dam- ages for the injury the owner may sustain. Ordinance No. 26. No carriage, wagon, cart, sled or other vehicle, shall be suf- fered by the owner or driver thereof to remain upon any bridge for a longer time than is necessary to pass over the same, nor shall any person in any manner obstruct the free passage over any bridge, under the penalty of not to exceed ten dollars. Ordinance No. 27. No person driving, or in charge of any vehicle, shall obstruct the free passage by foot passengers, upon any crosswalk, by stopping any horse or horses or vehicle thereon, under the pen- ' alty of not to exceed ten dollars. Ordinance No. 28. No person shall back, drive or lead any horse or horses, or cow or cattle, sheep, hogs, or geese, wagon, or vehicle of any 172 sort, over or upon any sidewalk, unless it be in crossing the same or to go to or from a yard or lot under the penalty of not to exceed ten dollars. The provisions of this ordinance shall not apply to baby car- riages or invalid vehicles used by persons who can not walk by reason of being invalids or cripples. Ordinance No. 29. No person shall ride or drive any horse or horses in any street, alley or lane, within the “corporation tax district”, faster than at the rate of ten miles per hour, under a penalty of not to ex- ceed fifty dollars for each offense. Ordinance No. 30. No person shall ride, drive or propel any bicycle or motor- cycle in or upon any street of the city at a greater rate of speed than one mile in six minutes, under penalty of not to exceed fifty dollars for each offense. Ordinance No. 31. Sec. 1. It shall be unlawful for any street surface railway company or the owner, operator, or any employe thereof to pro- j)el its cars in or upon any street or highway within the “cor- poration tax district” of the city at a greater rate of speed than one mile in six minutes. Sec. 2. No railroad company, agent or employe thereof or other person, shall obstruct any street crossing or crossings by any engine, car or train of cars standing on railroad track or tracks, at such crossings within the “corporation tax district,” for a longer period of time than six minutes consecutively. Sec. 3. A violation of any of the provisions of this ordinance shall subject the offender to a penalty of not to exceed' fifty dol- lars. Ordinance No. 32. No goods, wares or merchandise shall be sold at auction in any street or public place without permission of the mayor or com- mon council, nor in front of any house, store or tenement, with- out the consent of the occupant; and the articles when placed or exposed for sale shall not occupy more than one-third part of the width of the cartway of the street, under a penalty of five dollars. This ordinance shall not apply in the case of second hand furniture sold in front of the owner’s dwelling. Ordinance No. 33. Goods may be exhibited by any dealer in the streets in the manner following, and not otherwise: 1. They may be suspended against the front walls or win- dows of a store below the bottom of the sills of the second story windows, and so as not to project more than fourteen inches into the street. 2. They may be placed upon stands or tables extending not more than three feet from the front of the building on the street, and of a bight not exceeding four feet. 3. They may be placed upon the sidewalk at a distance not greater than three feet from the front of the building on the street. Any violation of the provisions of this ordinance shall sub- ject the offender to a penalty of not to exceed ten dollars for each violation. Ordinance No. 34. Goods may be packed or unpacked upon the sidewalk in front of any building, in the manner following, and not otherwise: 1. The same must be done with reasonable dispatch, and the packages removed during the same day. 174 2. During the time the same is done, the sidewalks shall be kept open for a passage for passengers at least four feet wide,. Any violation of the provisions of this section shall subject the offender to the penalty of not to exceed ten dollars for each violation. Ordinance No. 35. No shutter-boxes, packing-boxes, tables, platforms, bales, oasks, stoves, iron-castings, or wares of any description (except- ing as by ordinance provided), shall be placed, set out or remain upon the sidewalk, or upon the street, under the penalty of not to exceed ten dollars for each violation. Ordinance No. 36. Sec. 1. Persons waiting in the vicinity of any railroad station with any means of conveyance for persons or baggage, shall place the vehicles in their charge at such place or places as may be designated by the Board of Public Works; and they shall ob- serve and obey all orders or directions concerning their location, with a view to the convenience and accommodation ot the pub- lic, which may be given by the Board of Public Works, chief of police or any policeman. Sec. 2. Persons using carriages or vehicles for the convey- ance of passengers for hire, shall locate their carriages or vehi- cles while waiting for passengers, at such place or places as may be designated by the Board of Public Works, and shall place their vehicles or carriages, and shall be under direction as pro- vided in section one of this ordinance. Sec. 3. Cartmen shall stand their carts, while waiting for employment, at such places as may be designated by the Board of Public Works. Sec. 4. A violation of this ordinance shall subject the of- fender upon conviction to pay and forfeit a penalty of not to ex- ceed fifty dollars. 175 Ordinance No. 37. No person shall enter or drive into or upon any public park or square in the city of Rome with any horse, mule, or other ani- mal or with any wagon, cart, carriage, sleigh, cutter or other vehicle whatsoever, except for the purpose of repairing or im- proving the same. For each and every violation of this ordi- nance the offender upon conviction thereof shall forfeit and pay a penalty of not to exceed fifty dollars for each offense. Ordinance No. 38. Bells of sufficient size and number to attract attention shall be attached to every sleigh, cutter or other vehicle on runners, driven into or upon any street, highway, alley or lane of the city of Rome or to the horse or horses attached thereto. Every person or persons driving such sleigh, cutter or vehicle through any such streets, alleys or lanes without bells as aforesaid shall forfeit and pay a penalty of not to exceed twenty-five dollars for each and every offense. Ordinance No. 39. The posting of bills of any description, or the erecting or painting of signs of any character on any of the buildings, bridges or property of the city, is hereby prohibited, under a penalty of not to exceed fifty dollars. Ordinance No. 40. No person shall erect or cause to be erected any sign across any sidewalk, street or alley without a written permission from the Board of Public Works, and if any sign shall be found across any sidewalk, street or alley, erected without such per- mission, the owner or owners thereof, or the person causing it to be erected, shall, within one day after they shall be required by the mayor or chief of police, remove the same, under the penalty of ten dollars, and the further penalty of three dollars for every twenty-four hours the sign shall be suffered to remain across the sidewalk, street or alley. Ordinance No. 41. No person shall erect or cause to be erected any awning of 176 canvas or other material along* the line of any sidewalk, unless the lower edge of such awning shall be at least six and a half feet above the surface of the sidewalk. And if any awning shall be found nearer the surface of the sidewalk than six and a half feet, the owner or owners, or the persons causing it to be erected, shall, within one day after the notification by the mayor or chief of police, remove the same or otherwise comply with this ordinance, under a penalty of not to exceed twenty- five dollars and a further penalty of five dollars for every twenty-four hours such awning shall be suffered to remain at a height less than six and a half feet from the .surface of the sidewalk. Ordinance No. 42. All ornamental and shade trees standing and growing within the lines of any of the streets and alleys of the city shall be trimmed so that the lowest branches shall not be less than twelve feet from the ground. Every person having and owning trees which have not been trimmed in accordance with the provis- ions of this ordinance shall forfeit and pay the penalty of five dollars for each and every week each and every tree shall remain untrimmed after havng received five days’ notice to trim the same from the Board of Public Works. In case such person shall neglect or refuse to trim such tree or trees on being notified to do so as aforesaid, it shall be the duty of the Board of Public Works to cause it to be done, and it shall immediately return to the city treasurer an account of the work performed and the expense thereof, with a description of the lot and the name of the owner or occupant, and it shall be the duty of the city treasurer to present the same for payment, and in case such owner or occupant shall refuse or neglect to pay the same, he shall forfeit and pay a penalty of not to exceed ten dollars in addition to the expense incurred as aforesaid. Ordinance No. 43. No person shall place or cause to be placed in or upon any street , alley, sidewalk, square or public park any building mate- rial, boxes, barrels, or other property, nor any obstruction to the 177 free and perfect use thereof without a written permission from the Board of Public Works except as by other ordinances per- mitted under the penalty of not to exceed fifty dollars for each offense. In case any such materials, boxes, barrels, property, or obstructions shall be found in any such street, alley, sidewalk, square or public park the Board of Public Works may cause the same to be removed at the expense of the owner, or occupant of the property fronting on the street where said materials, boxes, barrels, property or obstructions shall be. In case such owner or occupant shall refuse to pay the expense of removal of said materials, boxes, barrels or obstructions he shall forfeit and pay for such refusal a penalty of $10 in addi- tion to the expenses incurred by such removal. Ordinance No. 44. Sec. 1. The Board of Public Works may grant permission in writing to place and keep building materials in a public street for a period not exceeding four months; but such permission shall contain a condition that it shall be void unless the mate- rials are so placed that they occupy no more than one-half the sidewalk and one-half the space between it and the center of the roadway. The permission may at any time be revoked by the Board of Public Works. Sec. 2. Every person to whom permission is granted pursu- ant to the provisions of this ordinance, shall cause all the mate- rials and rubbish arising from his occupation of the street, to be removed by the expiration of the time limited by the permis- sion, or upon the revocation of the permission, under a penalty of not to exceed fifty dollars and an additional penalty of five dollars for each forty-eight hours such materials and rubbish shall remain after the expiration of the time limited by the per- mission or revocation of the permission. Ordinance No. 45. No person, persons or corporation, shall hereafter lay any gas, water, sewer, or other pipes, or make any excavation therefor along the center line of any street in the city of Rome, or within five feet of such center line as established by the records of the 178 city. Any person Or corporation violating this ordinance shall pay and f 6 refit the surh of not to exceed fifty dollars for each offense. Ordinance No. 46. Whenever permission is given by the Board of Public Works, to lay any drain, sewer, aqueduct or gas or water pipe along or in any street, or to make any excavation or hole therein, unless the Board of Public Works shall otherwise direct, the same shall be done under the direction of the Board of Public Works as to the time and place, and said board shall see that it is so done as not unnecessarily to hinder or obstruct the free use of the street or sidewalk, and shall also see that the street is restored to good condition after the work is done at the expense of the persons to whom the permission is given. Any person who shall refuse to conform to, and obey, the orders and directions of the Board of Public Works in the premises, shall forfeit and pay for each offense the penalty of not to exceed fifty dollars in addition to the expense incurred as aforesaid. Ordinance No. 47. Every owner or occupant of any house, building or vacant lot, adjoining a street or alley which is unpaved, shall cause said street or alley in front of such house, building or vacant lot to be kept at all times clean up to the center thereof and free-from all rubbish, manure and filth, and the gutters in front of such house, building or lot to be kept clean and free from all filth, grass, weeds and obstructions of any kind, by which the natural course of the water through such gutters may be obstructed or impeded. Any such owner or occupant failing to comply with the foregoing requirements shall be liable to a penalty of not to exceed ten dollars for each offense. If the owner of said premises shall fail to keep the street or alley adjoining said premises clean, and the gutters free from obstructions, it shall be the duty of the Board of Public Works to cause said work to be done, and the expense thereof assessed against the said preihises, and collected in the manner provided by the city charter. m Ordinance No. 48. It is hereby ordained that owners and occupants of lots front- ing on any street, lane, or inhabited alley within the corporation tax district of the city of Rome, be and they are hereby required to keep the sidewalks fronting their premises free from ice and snow; said walks to be shoveled off by 8:30 o’clock a, in., after each and every fall of snow to the depth of two inches. And in case of any person owning or occupying any lot fronting on any street, lane or inhabited alley as above, shall refuse or neglect to comply with the requirements of this ordinance, he shall for- feit a penalty of not to exceed fifty dollars for each offense. And it shall be the duty of the city engineer to cause the sidewalks fronting the lots owned or occupied by such person or persons to be shoveled off as herein provided, and the expense thereof shall be assessed against and collected of the owners or occu- pants of the lots so shoveled off in the manner and as provided by the city charter. It is further ordained that owners of lots fronting on any street, lane or alley, shall keep the sidewalks fronting their premises in good repair under penalty of not to exceed fifty dol- lars for each offense. The Board of Public Works shall have power to repair any sidewalk when the owner of the property shall neglect to repair the same for five days (after written notice to do so has been served on such owner personally or left at his residence, if his residence be known, or cam be ascertained, or otherwise by being left with some occupant of the residence or premises, or some person in charge thereof as agent or other- wise. The expense of such repairs shall be assessed and col- lected in the manner provided therefor by the city charter. Ordinance No, 49. Whenever the Board of Public Works shall deem it necessary or determine to pave or repave any street, in or upon which sewer or water mains or pipes have been constructed or laid, or otherwise improve said street or streets, by constructing or lay* ing asphalt, brick, stone, wood, macadam, tel ford or other pave- ments. or whenever the Board of Public Works has declared its 7 1 . 1 : ' . : ; 180 intention of making improvements upon any of such streets, the property owners whose lots front or abut thereon who have not theretofore properly connected said lots with the sewer or water main, shall within thirty days after the service upon them of a notice requiring them to do so, lay house connecting drains or service pipes in the manner provided by said Board of Public Works from the line of the curbing in front of their property on streets to the sewer or water main, connecting them therewith; and in case said owners shall refuse or neglect to do such work and lav such drains or pipes and make such connections within the time limited therefor, he or they shall forfeit and pay a pen- alty of not exceeding fifty dollars. Ordinance No. 50. No person, firm or corporation, unless acting under a contract with the city, shall, under a penalty of not to exceed fifty dol- lars for each offense, remove, displace or injure any pavement or crosswalk on any street of this city, or make any excavation or opening in any of said streets for the purpose of making a connection with or repairing any gas pipe, water pipe, or sewer without a permit in writing issued by the Board of Public Works. Before granting any such permit the Board of Public Works shall require the applicant to give a bond with two sure- ties in such sum as he may deem adequate, guaranteeing the proper refilling of any such excavation and guarding the same, the proper replacing of any pavement or crosswalk which may be removed, and the maintenance of the trench, pavement and crosswalk in a good condition for the period of one year and further guaranteeing that in case any hole or ditch made for the purpose hereinbefore mentioned shall remain open at night a sufficient guard shall be maintained around the same and a light or lights be placed and kept burning during the hours of darkness in such a position or positions as will sufficiently light up such holes as to avoid danger of accident, and that said appli- cant will save the city harmless and indemnify it against all loss, damage or other expense that may arise by or through any neglect of such person, firm or corporation to erect and maintain such guards and lights or either of them. The Board of Public Works shall embody in said permit such further rules and regu- 181 lations, as, in its opinion, may be necessary to prevent any injury by reason of sucli operations to any of the streets, pave- ments or crosswalks of the city. Provided, that if in case of emergency, caused by the breaking of a gas or water pipe, the work of repair should be commenced prior to the obtaining of the permit hereby required, the penalty herein named shall not be enforced if the party making the repairs shall within twenty- four hours after its commencement, make the application and furnish the bond herein required. Every person, firm or corporation receiving permission from the Board of Public Works, under the provisions of this ordi- nance, containing the conditions therein provided, shall comply w T ith and keep such conditions, under the penalty of not to ex- ceed fifty dollars for each violation thereof. Ordinance No. 51. No person shall haul or transport, or cause to be hauled or transported from or through or across any of the streets within the city any gravel, stone, sand, dirt or other substance in any wagon or other vehicle, which is not so constructed as to prevent the material with which it may be loaded from dropping, sifting through or in any manner being strewn upon any street, under penalty of not to exceed fifty dollars. Ordinance No. 52. No person, firm, association or corporation shall spill, pour, drop, throw, place or deposit, or cause or allow to be spilled, poured, dropped, thrown, placed or deposited any kerosene oil, gasoline, benzine, grease, tar or petroleum or oil, or oily sub- stance or oily liquid of any kind or description, or any coal or other nuisance upon any pavemdnt in the city of Rome, and ail oil delivery wagons or tanks shall have securely fastened under the taps or faucets thereunto attached an absolutely oil or water- tight lined box or tray, and in filling any measure or other ves- sel from said tap or faucet such measure or other vessel must be held so that any drip or overflow shall fall into said box or tray, and in removing the same from over any pavement no drip or overflow from such measure or other vessel shall be permitted 182 to fall upon such pavement, and no receptacle for holding oil of any kind or description shall be placed on any pavement, under forfeiture and penalty of not to exceed fifty dollars for each and every offense. Ordinance No. 53. No person, firm or corporation shall place or cause to be placed in or upon any sidewalk, street, alley, or public square any ashes or rubbish or any other obstruction to the free use of the same by pedestrians, wagons, sleighs or other vehicles, ex- cept that during a period to be designated by the Board of Pub- lic Works in each year. Ashes may be placed in or upon the streets and alleys in accordance with such regulations as may be adopted by the Board of Public Works and not otherwise. Any pile of ashes or rubbish remaining on the streets or alleys after the hour of sunset on any day during such period shall be prop- erly lighted and guarded by proper guards and danger signals by the person so placing same on such street or alley between the hour of sunset and the hour of sunrise. The period during which ashes or rubbish may be placed upon the streets or alleys together with the regulations governing the placing of same on said streets or alleys shall be duly published in the offi- cial papers of the city of Pome for such period as the Board of Public Works may determine. Every owner or occupant shall at all times be required to keep the streets and alleys adjoining his premises clear of ashes and rubbish except that during the period hereinbefore mentioned he shall keep them in accordance with the rules and regulations of the Board of Public Works. Boxes or barrels containing ashes or rubbish may be placed by the owner or occupant of any premises, on the outer edge of the sidewalk or in alleys fronting the same, on such days as may be specified by the Board of Public Works for the collection of ashes and rubbish on such street or alleys or in such district or districts as may be determined by said Board of Public Works, the contents of which boxes or barrels shall be removed by the street contractor or the Board of Public Works. No owner or occupant of any premises shall place such boxes or barrels upon any street, alley or sidewalk at any time other than as speci- fied by the Board of Public Works, nor shall such owner or 183 occupant permit such J 30 x.es or barrels to remain upon such street, alley or sidewalk more than three hours after the con- tents thereof shall have been removed. Any person, firm or corporation violating the provisions of this ordinance shall be subject to a penalty of not to exceed fifty dollars for each and every violation thereof. Ordinance No. 54. No person or corporation shall hereafter, without due author- ity, destroy, remove or alter the position of any monument or other landmark, located in the intersection of any street or streets in the city of Rome, under a penalty not to exceed fifty dollars for each offense. Ordinance No. 55. Sec. 1. No person shall remove, displace, or interfere with any barricade, railing or protection around a defective place in any street or about any trench, excavation, repair or construc- tion work, or pavement, placed by or under authority of the Common Council or by any authorized board or official of the city of Rome. Sec. 2 . No person shall interfere with, change or alter the pitch, grade, level or line of any street, lane, alley, square, side- walk or crosswalk, or remove, alter, pull up, deface or other- wise interfere with any monument, stake or mark, or cause same to be done, which has been set, fixed or placed by the City Engi- neer or any other authorized official or board of the city of Rome. Sec. 3. No person shall ride, drive or lead any horse or other animal or propel any vehicle over any pavement in process of construction or reparation in any street until such work is com- pleted, ready and opened for the use of the public. Sec. 4. Any person violating any of the provisions of this ordinance shall forfeit and pay a penalty of not to exceed fifty dollars. 184 Ordinance No. 56. Sec. 1. No person shall injure, deface or tarnish any public building, or any property belonging to the city, in any manner whatever, under penalty not to exceed fifty dollars for each offense. Sec. 2. No person shall wantonly or wilfully injure, cut, de- face, tarnish or besmear any wall, hydrant, fountain, aqueduct, or reservoir, bridge, fence, railing, building, house, or outhouse, or any part thereof, external, or internal, nor any useful or orna- mental structure, or any shade tree or shrub, under penalty of not to exceed fifty dollars for each offense. Ordinance No. 57. No person shall throw, distribute or leave, or cause to be thrown, distributed or left, or shall deposit in any waste box or other receptacle upon any of the streets, alleys or public places of the city, any bill, advertisement, paper or any waste paper material, in such manner so that the same may be scattered or left upon the surface of any street, alley or public place. Any person violating this ordinance shall forfeit and pay the sum of not to exceed fifty dollars for each and every offense. Ordinance No. 58. No person, firm or corporation shall permit or have any offen- sive substance, water or other liquid, whether refuse, or for use in any trade or otherwise, on his premises, or throw, deposit or allow to run, or to be thrown into any public waters, street or public place, lake, pond, river or stream, any offensive or dele- terious liquid or any g’as, tar or refuse, or any offensive matter; or foul or render impure any natural stream of water or fail to use the most approved and all reasonable means to prevent the escape of smoke, gas and odors. A violation of this ordinance shall subject the offender to a penalty of not to exceed fifty dollars. Ordinance No. 59. Sec. 1. No owner or occupant of any tenement or lot, shall 185 cause, or suffer, or permit any nuisance to be or remain in or upon the same, or between the lot (when said lot adjoins the street) and the middle of the street adjoining, under the pen- alty of not to exceed fifty dollars for each offense, and the fur- ther penalty of five dollars for every tw^enty-four hours the same shall be suffered to remain after notice to remove. Sec. 2. No person shall throw, place or deposit, or cause or suffer any nuisance to be thrown, placed or deposited in any street, alley, sewer or elsewhere, under a penalty of not to ex- ceed fifty dollars for each offense. Sec. 3. All dead animals, carrion, putrid meat, spoiled fish or oysters, decayed vegetables, or offal of any kind, and all sub- stances emitting a disagreeable, nauseous or unwholesome odor, are declared nuisances within the meaning of this ordinance. Ordinance No. 60. No person shall cast, or throw, or cause to be cast or thrown into any drain, sewer, or gutter, any straw, shavings, wood, stones, shells, rubbish, or any filthy or other substance which may cause an obstruction, nuisance or injury thereto, nor shall any person stop or divert the course of any drain or sewer under a penalty of not to exceed fifty dollars for each offense. Ordinance No. 61. No person, without permission from the Board of Public W orks shall dig, remove or carry away or cause the same to be done, any stone, earth, sand or gravel from any street, highway, alley or square, where the same shall have been graded and com- pleted, under a penalty or not to exceed fifty dollars for each offense. Ordinance No. 62. Sec. 1. Any person owning or harboring any dog shall not allow the same to be found at large in any street, highway, alley, lane or public place of the city, without annually before the first day of April, causing such dog to be numbered and 186 licensed for one year by the city clerk of said city; the city clerk shall receive for such service the sum of one dollar for each dog, and such owner shall cause such dog to wear around its peck a collar which shall be distinctly marked with a registered num- ber tag to be furnished by the city clerk, which shall be recorded in a book kept by him; the shape of said tags to indicate the year for which they are issued. Sec. 2. It shall be lawful for any person to detain and de- liver to the dog policeman or police department any dog not tagged as required by this ordinance, if found at large in any street, highway, alley, lane or public place in this city at any time. Sec. 3. The Board of Police and Fire Commissioners are hereby authorized and directed to appoint a dog policeman who shall be paid the sum of one dollar for each dog detained by him; the said dog policeman shall cause all dogs found running ,at large in the city without a collar marked and registered as provided in Section 1 to be detained a reasonable length of time in the custody of the police department to enable the owners of such dogs to redeem them by payment of a fee of two dollars for each dog in addition to the fee of registering; at the end of such period all dogs remaining in the custody of said depart- ment are to be destroyed. The fees so received by the city clerk and police department are to be paid to the city treasurer and placed to the credit of the police pension fund. The expense of executing and enforc- ing this ordinance shall be payable first out of any moneys re- ceived under the provisions of this ordinance. Sec. 4. It shall be unlawful for any person or persons to take, detach, or remove from the collar of any dog the registered tag herein specified under a penalty of not less than five dollars or more than twenty-five dollars or imprisonment for a corre- sponding number of days in the common jail, foi\ each offense. Dogs belonging to non-residents detained under this ordinance may be redeemed without penalty upon satisfactory proof to the police department of the non-residence of the owner. 187 Ordinance No. 63. No person, association, partnership or corporation shall vend or seil or offer to sell or hawk any goods, wares or merchan- dise from any stand, box, barrel, cart, wagon or vehicle of any kind, or otherwise, placed or located upon any street, street corner, intersection or public square in the city of Rome; nor shall any person, association, partnership or corporation trade as a pedler or sell or offer to sell from door to door in said city any goods, wares, merchandise, products or produce other than family groceries, provisions, farm and garden produce, without first procuring a license so to do from the mayor and paying therefor for the use of the city the sum of $100.00 per month. A violation of any of the provisions of this ordinance or fail- ure to comply therewith by any person, association, partner- ship or corporation shall subject the offender to the payment of a penalty of not less than $100.00 nor more than $200.00 for each offense, and in default of the payment thereof the person con- victed shall be imprisoned for a period of not more than sixty days. Ordinance No. 64. Sec. 1. No person shall act as an auctioneer in the city of Rome, except in judicial and legal sales, unless such person shall have complied with the laws of the state of New York regulating auctions and auctioneers, and shall also have procured a license from the mayor authorizing such person to act as such auction- eer, and paying therefor such license fee as may be fixed by the Common Council. Any license granted as herein provided shall expire at the end of the fiscal year, unless otherwise provided in such license, and the Common Council shall have the right and power to revoke any license so granted at any time. Nothing herein contained shall apply to the sale by auction of farm prop- erty, real or personal, when such sale shall be conducted on the premises of the owner. Sec. 2. Every person, firm or corporation, whether principal or agent, entering into or beginning or desiring to begin a tran- sient retail business in the city of Rome for the sale of any goods, wares or merchandise whatever, whether the same &hall 188 be represented or held forth to be bankrupt, assignee about to quit business, or goods damaged by fire, or otherwise, must first take out a license therefor to be issued by the mayor upon the payment of such license fee as may be fixed by the Common Council. Any license granted as herein provided may be re- voked at any time by the Common Council. Sec. 3. Any person, firm or corporation violating any of the provisions of this ordinance shall forfeit and pay a penalty of not to exceed $50 for each offense. Every day the business or occupation, as herein described, is conducted or carried on with- out the procurement of a license and payment of a license fee, shall constitute a separate offense. Ordinance No. 65. Sec. 1. No person, firm or corporation shall exhibit free or for money any theatrical representation, show, opera, circus, menagerie, feats of horsemanship, or any animal or other nat- ural or artificial curiosity, or give any public concert, show, en- tertainment, performance or exhibition, or conduct any merry- go-round, shooting gallery, moving picture show, penny arcade, skating rink, or similar entertainment, or rent or use any tent or building for any of such purposes, without previously having obtained a license from the mayor and paid therefor such license fee as may be fixed by the Common Council. Any license granted as herein provided may at any time be revoked and canceled by the mayor or Common Council, and all licenses granted shall expire at the end of the fiscal year unless other- wise provided in such license. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance shall forfeit and pay a penalty of not to exceed $50 for each offense, and an additional penalty of not to exceed $50 for each day such violation continues. Sec. 3. The provisions of this ordinance shall not apply to concerts, exhibitions, theatrical performances or entertainments given by and under the auspices of any church, religious, char- itable, fraternal, social or labor organization or society located in the city of Rome. 189 Ordinance No. 66. Sec. 1. No person, firm or corporation shall engage in, carry on or conduct the business or occupation of bill posting or sign advertising or erect any bill board, advertising sign or sign board for advertising purposes without first obtaining a license therefor to be issued and granted by the mayor on the payment of such license fees as may be fixed by the Common Council. Sec. 2. Any person, firm or corporation granted a license as in this ordinance provided shall remove all waste paper and refuse from and about all bill boards and other places where advertising matter has been posted. Sec. 3. All licenses issued and granted as herein provided shall expire at the end of the fiscal year, unless otherwise pro- vided in such license. The mayor shall have power to revoke and cancel any license issued and granted by him at any time during the term of such license. The mayor or Common Coun- cil shall also have power to direct and compel the removal of any and all bill boards placed in or upon any street or build- ing, highway, sidewalk, public place or other premises. Sec. 4. No person, firm or corporation shall scatter or throw in or upon any park, street, alley, lane or sidewalk of the city posters, handbills, advertisements or papers of any kind, or shall attach to any tree, lamp post, electric light, telephone, telegraph or trolley pole, hydrant box or barrel in or upon any park, street, alley, lane or sidewalk, or place on any public building or property belonging to the city any bills, notices, letters, pictures or characters of any kind for the purpose of ad- vertising. Sec. 5. Nothing contained in this ordinance shall be con- strued to prevent the posting of notices required by law, or be construed to authorize any person, firm or corporation to ob- struct the streets, lanes and sidewalks of the city, or create any nuisance therein. Sec. 6. Any hill board, advertising sign or sign hoard which 190 has been or which may hereafter be erected or constructed in violation of this or any other ordinance shall be summarily re- moved by the Police Department upon a certificate of the Board of Fire and Police Commissioners or of the mayor that such bill board, advertising sign or sign board has been erected in violation of this or any other ordinance, and any person, firm or corporation violating any of the provisions of this ordinance or failing to comply therewith shall also forfeit and pay a pen- alty of not to exceed $50. Ordinance No. 67. Sec. 1. No wooden building or wooden roofed building shall be erected within the following parts of the city to wit: Com- mencing at the intersection of the center lines of Park and North James streets, thence westerly along the center line of Park street to the center line of George street; thence southerly along the center line of George street to the center line of John street; thence along the center line of John street to S. Wash- ington street ; thence southerly along the center line of S. Wash- ington street to the tracks of the R. W. & O. R. R. ; then follow- ing along the tracks of said road and N. Y. C. industrial tracks to the center line of Mill street; thence northerly along the cen- ter line of Mill and First streets, to a point 200 feet northerly at right angles from the northerly line of Dominick street; thence in a line parallel to the center line of Dominick street to the Black River Canal; thence northerly along the Black River Canal to the center line of Liberty street extended; thence west- erly to the intersection of the center line of Liberty and Spring- streets; thence northerly along the center line of Spring street to the center line of Park street to the place of beginning. Pro- vided, however, that the Board of Fire and Police Commission- ers may grant permission to alter, repair or change any build- ing now existing within the limits above described, of such ma- terials and subject to such conditions, provisions and regula- tions as it may determine, provided the same is used exclusively for dwelling purposes. Sec. 2. All buildings or additions thereto within the limits prescribed in Sec. 1 of this ordinance shall be made or con- 191 structed, repaired or rebuilt, if requiring the same, by reason of being partially destroyed by fire or otherwise, of stone, brick or other fireproof material, with fireproof partition walls, fire- proof roofs, fireproof cornices and eave troughs, except as here- in otherwise provided. Sec. 3*. No building of any kind or description shall be erected or constructed within the limits as prescribed in Sec. 1 of this ordinance unless the plans and specifications for said building shall first be submitted to and approved by the Board of Fire and Police Commissioners, except as herein otherwise provided. Sec. 4. Repealed. Sec. 5. The Board of Fire and Police Commissioners, the Chief of the Fire Department, or any officer or officers, em- ploye or employes of the Fire Department, or any person whom said Board may designate shall at all times have power ana authority to enter, visit and inspect any building or premises in the city of Rome for the purpose of examining its condition relative to liability to fire or accident from fire, and to ascertain whether proper precautions are taken, observed, and maintained against fire and accident from fire. The said Board of Fire and Police Commissioners shall have power to compel and require the owner or occupant of any building or premises to make such additions, changes, alterations or repairs thereto, and to keep and install thereon such appliances and devices and to take such precautions as said Board may deem and declare neces- sary to prevent fire or accident from fire. Sec. f>. No person shall allow any article, material or sub- stance to be stored, placed or kept within the city limits which shall be deemed and declared by the Board of Fire and Police Commissioners, or the Chief of the Fire Department, to be dan- gerous to person or property on account of its liability to fire or explosion. The Board of Fire and Police Commissioners or the Chief of the Fire Department shall, in writing, notify the person or persons, or any of them, having possession or control thereof, to forthwith remove the same, and in case of failure to remove such article, material or substance, the said Board of 192 Fire and Police Commissioners, or the Chief of the Fire Depart- ment, or any person designated by said Board or Chief of the Fire Department shall remove the same. Sec. 7. Any person, firm or corporation violating any of the provisions of this ordinance or failing to comply therewith shall forfeit and pay a penalty of not to exceed $50 for each offense, and an additional penalty of not to exceed $50 for each day such violation or failure to comply therewith continues. Ordinance No. 68. No person, firm or corporation, shall in any manner canvass the city of Borne for the purpose of making and compiling a directory thereof; nor shall any person make, publish, compose or deliver in the city of Rome, a directory purporting to con- tain a list of the inhabitants of said city unless he or it shall first satisfy the mayor of his or its responsibility, and obtain his permit or license in writing. Any person violating this ordi- nance, or any provision thereof, shall forfeit and pay a penalty of $50 for each offense. Ordinance No. 69. The mayor is hereby authorized to direct, by writing to be signed by him, any prosecution to be commenced and prosecuted to judgment against any person in the name of the city, for a violation of any ordinance or by-law of the Common Cbuncil, or other administrative board, any resolution having the effect of an ordinance, or for the recovery of any penalty or forfeiture imposed by any law of the state, and which may be sued for and recovered in the corporate name of the city, and in any such action to authorize the city attorney, or in his absence or in- ability to act, any suitable person to appear for the city and prosecute the action to judgment; and every direction and au- thority given in accordance with this ordinance, shall be as valid and effectual as if given or conferred by an order of the Common Council.. Ordinance No. 70. If any person be adjudged to have violated any ordinance, 193 by-law or regulation of the city or any of its public boards, the city judge may impose a fine which shall not exceed in each case the amount of penalty provided in such ordinance, by-law or regulation, for the violation thereof, besides costs, and such person may be committed to the county jail until such fine and costs be paid for a term of not to exceed one day for every one dollar of such fine and costs, and not exceeding a longer period than fifty days. Ordinance No. 71. No person shall have or carry concealed upon his person, any pistol, revolver or other firearm, without first obtaining a writ- ten license therefor, to be issued and granted by the city judge upon the payment of a license fee of $1. The city judge shall on the first day of each month pay and turn over to the city treasurer all fees received by him as herein provided. The pro- visions of this ordinance shall not apply to the regular and ordinary transportation of firearms as merchandise, nor to sheriffs, policemen, or to other duly appointed peace officers, nor to duly authorized military or civil organizations when parading, nor to the members thereof going to or from the places of meeting of tlieir respective organizations. Any per- son violating the provisions of this ordinance shall forfeit and pay a penalty of not to exceed $50. Ordinance No. 72. All persons riding, driving or motoring vehicles, automobiles, bicycles or conveyances of any kind or leading or driving horses, or other animals, upon he roadways of the city, shall keep to the right and as near the curb or gutter of the roadway as practicable, and shall pass vehicles, automobiles, bicycles, conveyances, horses or other animals on the left of the vehicle, automobiles, bicycle, conveyance or animals passed. In turning corners to the right, vehicles, automobiles, bicycles, convey- ances, horses or other animals shall keep to the right of the, center of the road, and as near the curb or gutter as practicable. In turning corners to the left they shall pass to the right of the center of intersection of the two roads and shall keep as near the curb or gutter as practicable. The police department shall have 194 supervision and control of traffic in all streets, highways and roadways of the city, and at entertainments and gatherings, and all persons riding, driving or motoring shall obey the orders and directions of such department. Any persons violat- ing any of the provisions of this ordinance shall forfeit and pay a penalty of not to exceed $50. Ordinance No. 73. Sec. 1. No person or persons, firm, corporation or co-part- nership shall keep for sale, offer for sale, distribute, give away or have in his, its or their possession any fireworks of any char- acter whatever, for use within the city of Rome, which shall contain dynamite, giant powder, nitro-glycerine, dualin or other explosives more powerful than ordinary gun powder. No person or persons, firm, corporation or co-partnership shall keep for sale, offer for sale, distribute or give away or have in his, its or their possession, or use within the city of Rome, any giant fire-cracker or any other fire-cracker that is likely to maim or injure any person by the explosion thereof, except Chinese fire-crackers not exceeding five inches in length; nor shall any person or persons, firm, corporation or co-partnership keep for sale, offer for sale, distribute or give away or have in his, its or their possession for use within the limits of the city of Rome, any toy pistols or toy cannons of any description whatever in which powder of any kind can be exploded, blank cartridge pistols, toy cartridge pistols or toy revolvers, repeating or booinjack marbles, kango clubs, or car track torpedoes, Vesuvius torpedoes, torpedo canes or ammu- nition for torpedo canes. No person shall place any torpedo of any description what- ever upon the street car tracks or upon the public streets of the city of Rome. Sec. 2. Any persons, firm, corporation, co-partnership vio- lating any of the provisions of this ordinance shall forfeit and pay a penalty of not exceeding $50.00 for each offense. 195 Ordinance No. 74. The Rules. Rule 1. Importance of keeping to the right, passing, turn- ing, crossing, stopping, and backing. Sec. 1 — A vehicle, except when passing a vehicle ahead, shall keep as near the right hand curb as possible. Sec. 2 — A vehicle meeting another shall pass to the right. Sec. 3 — A vehicle overtaking another shall pass on the left side of the overtaken vehicle and not pull over to the right until entirely clear of it. Sec. 4 — A vehicle turning into another street to the right shall turn the corner as near the right hand curb as practicable. Sec. 5 — A vehicle turning into another street to the left shall turn around the center of intersection of the two streets. Sec. 6 — A vehicle crossing from one side of the street to the othe r shall do so by turning completely around and heading in the opposite direction. Sec. 7 — No vehicle shall stand backed up to the curb ex- cept when actually loading or unloading, and if said vehicle is horse-drawn and has four wheels, the horse or horses must stand parallel to the curb and faced in the direction of traffic; but no vehicle shall stand so backed up if it interferes with or interrupts the passage of other vehicles or street cars. Sec. 8 — No vehicle, unless in an emergency or to allow an- other vehicle or pedestrian to cross its path, shall stop in any public street or highway except near the right hand curb there- of and so as not to obstruct a crossing. Sec. 9 — No vehicle shall stop with its left side to the curb. 196 Sec. 10 — Before backing ample warning shall be given and while backing unceasing vigilance must be exercised not to injure those behind. Rule 2 — Right of way. Sec. 1 — Police, fire department, U. S. mail vehicles and am- bulances shall have the right of way in any street and through any procession. Sec. 2 — Subject to Sec. 1 of this Article, street cars shall have the right of way between cross streets, over all other vehicles; and the driver of any vehicle, proceeding upon the track in front of a street car, shall immediately turn out upon signal by the motorman or conductor of a car. Sec. 3 — Subject to Sec. 1 of this Article, everything being equal, all vehicles and street cars going in a northerly or south- erly direction shall have the right of way over all vehicles and street cars going in an easterly or westerly direction. Sec. 4 — -No vehicle or street car shall so occupy any street as to interfere with or interrupt the passage of other street cars or other vehicles. Sec. 5 — The driver of a vehicle, on the approach of a fire engine or any other fire apparatus, shall immediately draw up said vehicle as near as practicable to the right hand curb and parallel thereto and bring the vehicle which he is driving to a standstill. Sec. 6- — The driver of a street car shall immediately stop said car and keep it stationary upon the approach of a fire engine or other fire apparatus. Rule 3. Speed. Sec. 1 — No vehicle shall proceed at any time at a greater speed than the law allows and is safe and proper under the conditions then obtaining. 197 Sec. 2 — No vehicle shall cross any street running north and south or make any turn at a speed which would preclude hav- ing the said vehicle under absolute control. Rule 4. Control of Horses. Sec. 1 — No horse shall be left unattended in any street or highway unless securely fastened. Sec. 2 — No one shall remove a wheel, pole, whiffletree or any other part of a vehicle or any part of a harness, likely to cause accident if the horse or horses start, without first unhitching the horse or horses attached to said vehicle. Sec. 3 — No one shall cease to hold the reins in his hand while riding, driving or conducting a horse. Rule 5. The Respective Rights and Duties of Drivers and Pedestrians. Sec. 1 — The roadbeds of highways and streets are primarily intended for vehicles, but pedestrians have the right to cross them in safety, and drivers of vehicles and street cars must ex- ercise all possible care not to injure pedestrians. Pedestrians should, on their part, never step from the sidewalk to the road- bed without first looking to see what is approaching and should not, needlessly, interfere with the passage of vehicles or street cars. Rule 6. Obedience. Sec. 1 — Drivers of vehicles and street cars must at all times comply with any direction by voice or hand, of any member of the Police Force, as to stopping, starting, approaching or de- parting from any place; the manner of taking up or setting down passengers or loading or unloading goods in any place. Sec. 2. Ignorance of these rules shall furnish no excuse for disregarding them. 198 Rule 7. Any person, firm or corporation violating any of tlie provisions of this ordinance shall forfeit and pay a penalty of not to exceed Fifty Dollars for each offense. Ordinance No. 75. No person shall operate or drive a motorcycle on any side- walk within the corporation tax district of the city of Rome. No person shall operate or drive a motorcycle on any public street or highway of and within the corporation tax district of the city of Rome at a greater rate of speed than one mile in four minutes. Every motorcycle operated and driven upon any public street or highway of the city of Rome, shall, during the period of one-half hour after sunset to one-half hour before sunrise, display a lighted lamp on the front of such motorcycle, which shall be sufficient to be visible at least two hundred feet in the direction in which the motorcycle is proceeding. Any person violating the provisions of this ordinance shall forfeit and pay a penalty of not to exceed fifty dollars for each offense. All ordinances and parts of ordinances of the city of Rome, inconsistent with the provisions of this ordinance, are hereby repealed. Ordinance No. 76. No person, firm or corporation, shall operate or drive a motor vehicle on any public street or highway of and within the cor- poration tax district of the city of Rome, at a greater rate of speed than one mile in four minutes. The Board of Public Works hereby is authorized and directed to place conspicuously on each main public highway where the line of the said corporation tax district crosses the same, signs of sufficient size to be easily readable by a person using the 199 highway, bearing the words “City of Rome. Slow down to fif- teen miles, ” and also an arrow pointing in the direction where the speed is to be reduced. Any person, firm or corporation violating the provisions of this ordinance shall forfeit and pay a penalty of not to exceed fifty dollars for each offense. All ordinances and parts of, ordinances of the city of Rome, inconsistent with the provisions of this ordinance, are hereby repealed. Ordinance No. 77. Sec. 1. All persons driving or operating vehicles in or upon the streets and public places of the city on approaching street cars which are proceeding in the same direction and which have stopped, or are about to stop, for tlie purpose of taking on or discharging passengers, shall cause such vehicle to slow down and be brought to a stop, and shall not proceed until such street shall be free and clear of such passengers. Sec. 2. Any person violating the provisions of this ordinance shall be liable to a penalty of not more than $25, or in lieu of said penalty, liable to imprisonment of one day for every dol- lar of penalty imposed and unpaid. Ordinance No. 78. Sec. 1. Every automobile, motorcycle or other motor vehicle propelled by an internal combustion engine, when such vehicle is on any street, road, avenue, alley, park, parkway or public place within the city limits, shall be equipped with a muffler or silencer, through which all of the exhaust gases from the engine will escape into the atmosphere, so as to reduce as far as may be practicable, the noise which might otherwise be caused by the escape of said gases. Sec. 2. The operator of any automobile, motorcycle or other motor vehicle, w T hen such vehicle is on any street, road, ave- nue, alley, park, parkway or public place within the city limits, 200 shall not use any cut out, fitting or other apparatus or device which will allow the exhaust gases from the engine of such motor vehicle to escape into the atmosphere without first pass- ing through a suitable muffler or silencer as described in Sec. 1. Sec. 3. Any person guilty of a violation of this ordinance shall be liable to a penalty of not more than $10, or in lieu of said penalty, liable to imprisonment of one day for each dollar of said penalty imposed and unpaid. Ordinance No. 79. Sec. 1. There is hereby created a commission to be known as the City Planning Commission of the City of Pome and to consist of seven members. Sec. 2. The members of such commission shall be appointed by the mayor. The first members of said commission shall be appointed as nearly as possible as follows: One-third of them for a term of one year, one-third for a term of two years and one-third for a term of three years, and at the expiration of such terms the term of office of their successors shall be three years, so that the term of office of one-third of such commis- sioners, as nearly as possible, shall expire each year. All ap- pointments to fill vacancies shall be for the unexpired term. Not more than one- third of the members of said commission shall hold any other public office in the city. Sec. 3. The members of said commission shall receive no compensation for their services. Ordinance No. 80. No person shall, within the city of Rome, buy or sell any old metal, rags, second hand articles or other junk, either for him- self or as an employe of another or upon commission for an- other or otherwise; nor shall any person, association, partner- ship or corporation engage in the business of buying and selling old metal, rags, second hand articles or other junk in the city of Rome without first procuring a license so to do from the mayor of said city and paying for the use of said city the sum of $5.00, which license shall expire on June 30th each year. 201 Any person, association, partnership or corporation violating any of the provisions of this ordinance and failing to comply therewith shall forfeit and pay a penalty of not to exceed $50.00 for each offense. Ordinance No. 81. No goods, wares or merchandise shall be sold at public auction within the city of Rome unless the person so selling shall procure from the mayor a license and pay a fee therefor to the city clerk of $100 per day and file with the clerk a bond in the penal sum of $1,000, with two sufficient sureties to be approved by the mayor, conditioned for the faithful observance of the Laws of the State of New York and the ordinances of the city of Rome relating to auctions and auctioneers. Such license shall expire one year from date of its issue and shall not be transferred without the written consent of the mayor; nor goods, wares or merchandise be sold at auction in front of any house, store or tenement without the consent of the occu- pant. This ordinance shall not apply to the sale of local grown farm or garden produce, nor to the sale of second hand furni- ture in front of the owner’s dwelling, nor to the sale by a pub- lic officer of property under and by virtue of legal process or a mortgage. Neither shall it apply to a sale conducted by a bona fide resident of the city who shall have first obtained the consent of the mayor in writing for such sale. Ordinance No. 82. Sec. 1. No person, association, partnership or corporation shall within the city of Rome lay out, establish or plot any par- cel or tract of land until such person, association, partnershp or corporation shall have made or cause to be made a correct map or plan thereof showing streets, blocks or lots proposed thereon, and such map or plan shall have been submitted to and ap- proved by the Board of Pubic Works. After the approval of said map or plan a copy thereof shall be forthwith filed in the office of the city clerk and also in the office of the county clerk. Sec. 2. Any person, association, partnership or corporation violating any of the provisions of this ordinance or failing to 202 comply therewith shall forfeit and pay to the city of Rome a penalty of $500.00. Ordinance No. 83. Sec. 1. There is hereby established a public market. The market shall, subject to the approval of the Board of Public Works, be located on the westerly side of South Washington street, between West Dominick street and the Erie Canal. There shall be marked off on the street curb sufficient stall space eight feet in width and these spaces shall be numbered consecutively. All stands, wagons or other vehicles shall be backed up to the curb and in no case shall extend out into the- street beyond the center line thereof. Sec. 2. The public market shall be opened for the trans- action of business every Tuesday, Thursday and Saturday in each week from June 20th to October 20th, between the hours of 6 a. m. and 9:30 a. m. No dealing shall be allowed on the market except during market hours. Sec. 3. Producers may sell on the public market only cheese, butter, eggs, poultry, fruits, vegetables, and all other kinds of farm and garden produce, excluding, however, grain, flour, hay, straw and fodder. No person shall be allowed to buy and re- sell in said market. Sec. 4. The market shall be under the control of the Com- mon Council. The city sealer of weights and measures shall have jurisdiction over the market for the purpose of examining weights and measures and shall perform such other duties and employ such extra help as the Finance Committee of the Com- mon Council shall direct in the conduct of the business relating- thereto. Sec. 5. Vendors shall pay such license fees as the Common Council may ordain, which fees shall be collected by the city sealer of weights and measures, who shall keep accurate book accounts of the same and pay over all moneys so collected to 203 the city treasurer and the same shall he credited to the general fund. Sec. 6. All refuse and debris resulting from operations on the market shall be cleaned up daily by the vendors using said market as soon as possible after the closing hour of the market. Sec. 7. All vending of products, permitted to be sold upon the market, shall be prohibited during the hours when the market is open to dealers or consumers on the city streets or alleys by producers or hucksters, except those who have regular pre- scribed daily routes or who supply regular customers. Sec. 8. Any person violating this ordinance or any provision thereof shall forfeit and pay a penalty of $50. Sec. 9. This ordinance shall take effect immediately. Ordinance No. 84. Sec. 1. Each driver of a vehicle used for the conveyance of household furniture or household goods in any part of the City of Rome, except from a retail store, shall keep a record of the place from which and the place to which he moves any house- hold furniture or household goods for any person or persons and the date or dates of such moving. Such record shall con- tain the street address from which the household furniture or household goods were removed and the street address or place to which they were moved, and shall also contain the name or names of the person or persons for whom the goods were re- moved and the name or names of the person or persons to whom the goods were delivered. Such driver shall file on Mon- day of each week, except Mondays which are legal holidays, and in that event upon the next business day, with the chief of police a statement containing the names, addresses and dates provided by said record to be kept. Sec. 2. Any person violating this ordinance or any provision thereof shall forfeit and pay a penalty of $25.00. INDEX OF THE Rome City Charter Page- Title I. Boundaries and Civil Divisions 3 Title II. City and Ward Officers — Their Election and Appointment.... 8 Title III. Powers and Duties of the Common Council 14 Title IV. City Officers — Their Powers and Duties 24 Title V. The Administrative Boards 38 Title VI. Of the Board of Public Works 40 Title VII. Of the Board of Water and Sewer Commissioners 46 Title VIII. The Board of Fire and Police 57 Title IX. The Board of Health 65 Title X. The Board of Charity 66 Title XI. Of Taxes and Collection Thereof 68 Title XII. Local Improvements and Assessments Therefor 89 Title XIII. The Board of Education 107 Title XIV. The City Court ...Ill Title XV. General Provisions 137 Section ACCOUNTS, method of booking 48 board of audit may investigate 60 accountants may be employed by board of audit 60 reports of by boards 72 reports of by water and sewer board 97 Actions, legal, to be in charge of city attorney 50 City may sue and be sued 1 commenced under former acts, how conducted 303 boards can not be sued 74 claims on contracts. 60 for collection of water rentals 93 for obstructing or resisting firemen 116 policemen to serve processes in certain .120 fees to be included in certain judgments 123 city and school taxes may be sued for 155 CHARTER INDEX Section Actions, legal, continued for possession of tax-sold lands 168 to annul local improvement assessments limited 188 for violation of charter, ordinances, rules. . . 251 pending in justice’s or recorder’s court when charter takes effect. .. .271 against sureties on court clerk’s bond 277 negligence claims 60 for property owners’ neglect of sidewalks 87 for damage or injury on streets and sidewalks 198 for negligence claims must be made within three months 282 negligence, must be commenced within one year 282 certain fines, etc., go to general city fund 297 for tort 218 civil, jurisdiction of city court 214 constables not to serve papers in certain actions or proceedings 124 see also “city court.” “justices of the peace.” Affidavits, of service and publication of notices 292 Aldermen, general duties of 58 terms of fifteen expire 4 elective officers 5 one to each ward 5 term of office 6 term of first under new charter 7 fines may be imposed upon by common council 27 each has one vote 22 compensation 21 may make arrests without warrants 257 as fence viewers 287 see also “common council”. Amendment of ordinances 36 Appeals from local improvement assessments 186 Appointive officers, generally 5 except engineer must be residents of Rome 13 Appointive offices, vacancies in 10 removals from 18 Appontments, notices to be served 12 must be made without delay 46 Appropriations, how made by common council 39 how made by boards 70 Arrests, by whom to be made without warrants 257 Ashes, removal of 197 Assistant chief engineer, of fire department, appointment of 115 Assistant chief of police, appointment of 118 Assessments, see “assessments” under “taxes”; also under “street im- provements” and “storm water sewers.” Assessment rolls, see “taxes”, “street improvements”, “storm water sew- ers”. 2 CHARTER INDEX Section Assessors, general duties of/ 51 appointive 5 term of office 6 members of board of review 61 to make descriptions of property for unpaid taxes 157 to make final revision of assessments 157 to give notice of final review of assessments 157 how to assess lands sold by the city 170 to make description of lands to be sold for liens 171 clerk appointed by mayor 76 duties in return of jurors 287 see also “taxes”, “street improvements”, “storm water sewers”. Attorney, city, general duties of 50 an appointive office 5 term of office 6 member of board of review 61 when shall act as city judge 235 to conduct cases for violation of charter, ordinances, rules 251 may examine certain witnesses in city court 267 Auction, sale of city real estate 39 Audits, town, fund for payment of 151 Audit, board of, general duties 60 Auditors, town 60 to audit expenses of policemen 121 BAIL, in city court criminal cases, 260 to 264 Ballots, required for special elections 175 Banks, to be designated by common council 48 Bastardy proceedings, how cemmenced 216 jurisdiction of city court 214 Bids, required for certain board of public works work 85 for street improvement and storm sewers 179 lowest bidder to be awarded contracts 179 rejection of for street work by board of public works 179 for street cleaning and snow cleaning 197 for removal of ashes, garbage and rubbish 197 Board of assessors, see “assessors”. Board of audit, see “audit”. Board of canvassers 8 Board of charity, see “charity”. Board of education, see “education”, also “schools”. Board of fire and police, see “fire and police”. Board of health, “see health”. Board of public works, see “public works”. Board of review, see “review”. Board of water and sewers, see “water and sewers”. Boards administrative, general duties begin 66 quarters for 31 political party affiliations 5 3 CHARTER INDEX Section Boards , administrative, continued meetings and organization of 67 may audit and pay claims 60 can not be sued 74 limitations as to creating debts (73) (288) 281 limitations as to appropriations 288 members of personally liable for uauthorized debts, etc 288 may be investigated by mayor 46 board of audit may investigate accounts of 60 instructions from common council 40 may be investigated by common council 41 regulations of may be enforced by common council 41 to elect presidents 68 presidents of members of board of audit 60 presidents of may administer oaths 290 compensation of members 65 official legal adviser of 50 clerks of all but water and sewer appointed by mayor 76 city court’s jurisdiction over violation of rules of 236 actions for violations of rules, how brought 251 witnesses before not to be excused 284 how acts or resolutions may be read in evidence 293 reimbursements for town or county expenditures 299 may make preliminary or partial estimates 148 to make final estimates of expenses and income 148 form of and printing of reports 42 Body executions 263 Bookkeeping, general method of 48 treasurer’s record of assigned assessments 174 Books, to be turned over to successors 288 Bonds for raising money, issued for water or sewer work 91 for sanitary sewer extensions ! 92 for additional water supply (98) 103 payment of interest and principal on water and sewer bonds 104 payment of principal of old water and sewer bonds 105 by authority of special elections 175 street improvement, may include storm water sewer expense 182 paving bonds; seal to be used upon 188 errors do not invalidate certain bonds 196 on union free school district. 206 sinking fund for water supply bonds 103 for improvement of certain highways 178 street improvement (special act) for raising money for sewage disposal plants 92 Bonds, surety, failure to file causes vacancy (63) 20 must be filed within ten days 20 of depository banks 48 of city engineer 54 of clerk, judge, treasurer and constables 63 of constables 63 of treasurer, restriction on concellation 154 of superintendent of water and sewers 90 of policemen : . . . . 119 of clerk of city court 277 to accompany street improvement bids 179 of street cleaning and ashes or garbage removal contracts 197 4 CHARTER INDEX Section Borrowing, powers of common council (148) 176 after approval of preliminary or partial estimate 148 after approval of final estimate 148 in anticipation of collection of taxes 148 in anticipation of special election levies 175 for additional poor funds 136 for sewage disposal plants 92 see also bonds (for raising money). Boundaries, city 1 wards 2 corporation tax district 3 maps of 54 Breach of the peace, trials and penalties for 243 Bridges, engineer’s authority over 54 in charge of board of public works 78 in charge of superintendent of highways 5a contracts for and duties of superintendent of highways 5a bridge fund 82 temporary repairs of 197 CANVASS, of election returns 8 of votes at special elections 175 Casting vote, by president of common council 47 Certificates, of election 8 of result of special election 175 of appointments 14 of land sold for taxes 161 to be issued for lands sold for local improvement taxes 191 of result of school elections 204 of conviction in criminal cases by city court 246 of tax sales, see “collection* by sale” under “taxes”. Challenges, at special elections 175 Charges, against officers (11) 18 against elective officers by mayor 46 against policemen .....119 against city hall janitor 6 against sealer of weights and measures 6 Charity, beard of, general duties begin 133 commissioners appointive 5 term of office of commissioners 6 terms of first commissioners 9 clerk of appointed by mayor 76 has powers of overseers of poor 134 to choose a superintendent of charities 135 limit as to expenditures of 136 two charity commissioners may be women 139 may appoint city and other physicians 140 annual estimate to be made (136) 148 bastardy proceedings before city court 214 for additional powers and duties, see “boards”. Charter, when it becomes operative 4 actions for violations of, how brought 251 information from witnesses as to violations of 256 city has powers necessary to enforce 279 documents from which it may be read in evidence ....► 294 declared a “public act” 302 old acts, except water and sewer law r s, repealed 303 5 CHARTER INDEX Section Checks, certified, accompanying street cleaning contracts, etc 197 may accompany certain bids 179 Chief engineer of fire department, appointment of 115 Chief of police, power to appoint and duties 118 Children’s court 250 City attorney, see “attorney”. City clerk, see “clerk”. City court, see “court”. City engineer, see “engineer”. City hall, controlled by common council 31 expense of from general fund 31 janitor of, see “janitor”. City judge, see “judge”, under “court”. City sealer of weights and measures, see “sealer”. City treasurer, see “treasurer”. Claims, against the city 60 for damage or injury on streets or sidewalks (282) 198 Cleaning streets, sidewalks, etc 197 Clerks, of all boards but water and sewer appointed by mayor 76 Clerk of city court, see “clerk” under “court”. Clerk, county, to cancel certain tax sale certificates 172 to. record tax sale certificates and fees therefor 161 Clerk, city, general duties of 49 an elective office 5 term of office 6 to execute bond 63 salary 49 may appoint deputy 49 to serve personal notices of appointment (14) 12 to report neglect to qualify 17 to certify ordinances and resolutions 28 to record ordinances 38 to present certified copies of ordinances 46 duties regarding claims against the city 60 to file and record bonds of officers 63 to cause annual reports of boards to be published 72 to sign public works warrants 83 to sign sewer extension bonds 92 to sign water extension bonds 103 to sign warrants on fire and police funds 110 to sign warrants on health fund 132 to sign warrants on charity fund 138 to copy and deliver assessment rolls to supervisors ...... 145 to extend taxes 149 to deliver assessment rolls to treasurer by July 1 149 to sign tax warrants to treasurer 149 may act for treasurer at tax sale 162 to notify assessors of land sold by city 170 to deliver canvass of special elections 175 6 CHARTER INDEX Section Clerk, city, continued to report certain common council resolutions to board of public works.. 178 to execute paving bonds 188 duties connected with estimates of board of education 206 to make out assessment rolls for school taxes 208 duties in return of jurors 287 to certify resolutions, etc., as evidence 293 to cause to be published lists of nominations 301 custodian of election returns 8 custodian of oaths of office 12 custodian of oaths of policemen 119 assessment rolls to be filed with 143 corrected assessment rolls to be filed with 144 assessment rolls to be returned to 149 to receive treasurer’s receipt for assessment rolls 154 treasurer’s tax affidavits to be filed with 154 local improvement assessment rolls to be filed with 185 appeals from local improvement assessments to be filed with 186 certificates of result of school elections to be filed with 204 descriptions and maps of streets, etc., to be filed with 296 Collection of taxes, see “taxes”. Commissioners of charity, see “charity”. Commissioners of fire and police, see “fire and police”. Commissioners of health, see “health”. Commissioners of highways, see “highway commissioners”. Commissioners of public works, see “public works”. Commissioners of schools, see “education, board of.” Commissioners of water and sewers, see “water and sewers”. Committees, special, appointed by common council 58 common council, committee chairman may administer oaths .290 standing, how appointed in common council 33 Common council, general powers • 34 how constituted 21 president of elective 5 clerk of 49 may designate city clerk to keep accounts 49 as a board of canvassers 8 may make its own rules 27 may fine its own members 27 form of reports and printing of same 42 to designate official papers 42 may grant franchises within the city 44 may enlarge corporation tax district 45 to designate banks as depositories and fix bonds 48 may fix penalties for violation of subpoenaes of board of audit 60 to provide station house, etc 126 power to call and conduct special elections 175 to prescribe seal for city court 275 negligence claims to be presented to 282 witnesses before not to be excused 284 may condemn lighting plants 286 chairmen of committees may administer oaths 290 how acts or ordinances of may be read in evidence 293 7 CHARTER INDEX Section Common council, continued control of finances and property 30 control of expenditure of boards 30 control of city hall 31 purchases by authority of 32 may audit and pay claims 60 to make estimates of expenses 148 to make levies by May 15 148 to direct clerk’s extension of taxes 149 to make settlement with treasurer . 154 power to correct assessment rolls 158 authority over lands bid in by city at tax sale 161 shall refund invalid tax sale payments 169 to add to assessment roll lands sold by city 170 may order sale of lands for liens other than taxes 171 to assess sums voted at special elections 175 may borrow after approval of estmates 148 may borrow in anticipation of special taxes 175 may borrow in anticipation of annual taxes 176 may borrow to pay judgments 176 limited as to creating debts (281) (288) 177 to reimburse for errors in local tax sales 194 to reassess irregular local taxes 196 to assess for deficiency in local improvement taxes 196 limitations upon appropriations .288 members of personally liable for unauthorized debts 288 instructions to boards and officers 40 may regulate city officers 41 may investigate officers and boards 41 may secure witnesses and evidence 41 may enforce board’s regulations 41 authority over fees of sealer 53 may prescribe fees of poundmaster 56 authority over city hall janitor 57 to regulate bonds of certain officers 63 board of public works to submit estimates to 81 power over estimates of board of public works 81a to call special election for extraordinary public works expenditures... 84 to order sanitary sewer extensions 92 to provide for cost of sanitary sewer extensions and sewage disposal. . 92 may require special water and sewer reports 97 shall adopt plans for additional water supply 99 to issue bonds for additional water supply 103 may pay or retire old water or sewer bonds (103) 105 to receive annual fire and police estimate 109 may authorize extra policemen 117 to fix health officer’s salary 128 to fix expenditures of board of health 130 to fix salary of superintendent of charities 135 authority over charity funds 136 may borrow for additional poor funds . 136 to fix salary of city physicians 140 to levy taxes within corporation tax district 146 board estimates to be certified to 148 to pass upon estimates in March 148 power to authorize street improvement 178 kind of paving or material subject to approval of 179 authority over storm water sew'ers 178 may cause house connecting drains or pipes 183 to issue paving bonds 188 to act on estimate of board of education 206 8 CHARTER INDEX. Section Common council, continued board of education to propose bonds to 206 board of education reports to be made to 207 to provide accommodations and supplies for court 211 meetings, how called 24 meetings, notice of 24 place of meeting 25 meetings, regular, at least once a month 24 meetings to be public 25 quorum ! 23 vote of members . . . 22 tie vote in 22 standing committees, how appointed 33 special committees, how appointed 58 passage of ordinances and resolutions 28 power to restrict by ordinance and scope of ordinances 35 fines for violation of ordinances, limited to $50 29 to pass ordinances regarding fire regulations 108 to provide for deficiency in sinking fund and interest on bonds 103 may borrow after approval of preliminary or partial estimates 148 may borrow after approval of final estimates 148 may make preliminary or partial levies 148 shall issue bonds for improvement of certain highways 178 to approve letting of contract for street improvement, etc 179 Communications from the mayor 46 Compensation, see “salary”. Condemnation, power of board of public works 84 city may acquire lighting plants 286 for additional water supply 101 power of water and sewer board 92 Constables, general duties and fees 55 elective offices 5 terms of four expire 4 term of office 6 to execute bonds 63 not serve certain legal papers 124 Contempt, in city court 272 Contracts, to be signed by mayor 46 seal to be affixed* to 46 claims against the city upon 60 officers not to be interested in 62 engineer not to be interested in 54 those made by boards, how executed 75 by boards , liability for limited 73 public works bids required 85 public works, to be let to lowest bidder 85 public works, bonds for 85 street, can not exceed estimates 179 street, to be approved by the common council 179 for street cleaning, ashes, garbage removal, etc 197 for lighting, limited to five years 88 for additional water system • 102 for street and storm sewers to lowest bidder 179 for certain temporary repairs by board of public works 197 9 CHARTER INDEX. Section Conveyance, of tax-sold lands 167 evidence of regularity in tax sales 167 of lands sold for local improvement taxes 193 see also “collection by sale” under “taxes”. Corporation tax district, boundaries 3 enlargement of 45 votes on additional water supply . . . .' 99 taxes to be imposed within and outside of 141 levies to be made within and outside of 146 to pay expenses of street work fronting public property 180 care and repair of sidewalks 184 constitutes union free school district 199 two assessors must reside in 51 highway taxation outside of 79 water and sewer commissioners must reside in 89 fire and police commissioners must reside in 107 for city outside of corporation tax district see “town of Rome”. Costs, in city court matters (268) 233 in judgments against city or officers 289 Council, common, see “common council”. Counsel, in city’s legal matters (303) 50 Country, city outside of corporation tax dist., see “town of Rome”. County of Oneida, to reimburse for expenditures for it 299 Court, city actions for construction of sidewalk 87 authority over policemen 120 certain papers not to be served by constables 124 title “City Court of Rome” 209 when to open for business 210 rooms and supplies furnished by common council (250) 211 summary and bastardy proceedings, how commenced 216 actions for tort 218 proceedings and practice 219 judgments 219 counterclaims (220) (221) 222 attorney’s authority to appear 224 adjournment when plaintiff not prepared 225 verification of complaints 226 pleadings may be required in writing 226 failure to answer complaints 226 rules of practice .• 227 appeals from judgments (219) (234) 228 appeals in criminal actions 241 opening defaults and setting aside judgments 229 taxpayers or inhabitants not incompetent as judge, witnesses or jurors . 230 may adjourn trials for not more than ninety days 231 depositions how taken in actions 232 costs and fees in civil actions (297) 233 fees to be collected and delivered to treasurer 234 criminal trials, how conducted 237 trials for intoxication (243) (239) 240 trials for violation of ordinances, etc 240 trials for disorderly conduct or breach of the peace (240) 243 sentences may be at hard labor 244 criminal judgments to be executed by policemen, sheriff, etc 245 vagrancy and disorderly proceedings 249 30 CHARTER INDEX. Section Court, city, continued children’s court 250 actions for violation of charter, ordinances, rules 251 warrants and summons (252 to 256) 256 persons may be required to tell of violations 256 answers to complaints 2"8 proceedings in arrests and upon summons 258 bail (260 to 264) 264 recognizance (261) 262 body executions 263 executions against sureties on bail bond 264 executions on judgment for penalty 265 fees, costs and charges in criminal matters (237) 268 fees, costs and charges in criminal matters (297) 268 transfer of actions pending 271 recorder and justices to complete actions before them 271 shall have seal; design of same 275 jurors, laws governing 278 jurisdiction of city court, civil and criminal 209 over certain civil actions (236) 214- over proceedings in justice’s court 214 to be exercised only in name of the court 216 marriages, solemnization of 216 territorial jurisdiction 217 when accounts of both parties exceed $1,000 223 over criminal actions 236 exceptions in case of certain liquor law violations 236 over violation of charter, rules or ordinances 236 how criminal trials may be removed from 238 trials in cases where charter confers special jurisdiction 242 over charges of felony ' 248 over actions and proceedings removed from justice’s court forms, of summons (253) 218 of warrants for charter violations, etc 252 of undertaking for bail 260 city judge, general duties of 52 an elective office 5 term of office 6 to execute bond 63 authority over policemen 120 certain papers of not to be served by constables 124 authorized to be judge of city court 209 absence or disability of (212) (213) (235) 209 when justice of the peace to act as jurisdiction over actions and proceedings removed from justice’s court. qualifications of 212 salary of 212 to appoint a court clerk 212 may issue summons 218 may establish rules of practice 227 to demand fees for services 234 to certify court clerk’s statement of receipts 234 may grant poor persons exemptions from fees 234 to make certificate of absence or disability 235 to inform defendants of their rights 239 to sign warrants of commitment in criminal cases 245 may release prisoners and remit fines 247 may issue warrants for charter violations, etc 252 11 CHARTER INDEX. Section City judge, continued to read complaints to accused 258 to render judgment when defendant fails to appear 259 may adjourn and allow bail in trials of criminal cases 260 may administer oaths and acknowledge deeds 266 may issue subpoenas requested by mayor or chief of police 267 procedure upon forced testimony 267 to account and charge for criminal business against county 269 to keep a docket 270 may preserve order and punish for contempt 272 shall not receive moneys payable to court 274 to approve bond of court clerk 277 not incompetent because resident or taxpayer 283 special city judge, an elective office 5 term of office 6 to act in absence or disability of judge (212) 209 qualifications of 212 compensation of 212 absence or disability of (213) 235 to make certificate of absence or disability 235 may administer oaths and acknowledge deeds 266 clerk of city court, appointment of and salary 212 powers in absence of judge and acting judge 213 may issue summons 218 to receive and deliver to treasurer fees and fines (297) 234 to deliver to city clerk statement of moneys received 234 to keep public record of moneys received 234 may grant poor persons exemption from fees 234 to certify to absence or disability of judge and special judge 235 to. file with county clerk certificates of conviction .246 may issue warrants for charter violations, etc 252 may administer oaths and acknowledge deeds 266 to attend court and keep docket 273 custodian of court seal (276) 275 to give transcripts of judgments 276 to give bond 277 Court, justice's, see “justice of the peace’'. Crosswalks, street, expense of making 180 cleaning snow and ice 197 Curbing, contracts for 80 Curbs, in charge of board of public works 78 DAMAGE, claims because of negligence 60 willful to water or sewer property 94 claims caused by streets or sidewalks , 198 claims, must be made within three months 282 actions, must be brought within one year 282 Debts, restrictions upon common council (281) (288) 177 persons voting for unauthorized debts personally liable 288 can not be contracted by engineer 54 Declination of office, by failure to file oath 12 Deeds, to be signed by mayor 46 12 CHARTER INDEX. Section Deficiencies, in funds to be supplied from general fund 153 in receipts from local improvement assessments 196 Depositories for city funds 48 Deputy, city clerk 48 city treasurer 49 Disability of mayor 47 Disorderly conduct, trials and penalties for (240) 243 proceedings in city court (240) 249 Disqualification for office . 19 EDUCATION, BOARD OF, to make estimates (206) 148 how constituted 199 in charge of schools in corporation tax district 199 general provision of boards apply (see also “boards”) 202 present board continued in office for existing terms 203 elections for selecting members of (301) 204 terms of members of 204 vacancies, how filled 204 qualifications of members of 204 may select, remove and direct superintendent of schools 205 to propose to common council additional expenditures 206 to call and conduct special money raising elections 206 to issue bonds on union free school district 206 to use its own seal on bonds 206 power over expenditures limited and defined . 206 to make financial reports to common council 207 see also “schools”. Effect, when new city government goes into 4 Elections, general state law to govern 5 lists of nominations to be published 301 first under charter 4 returns, filed with city clerk 8 returns, canvass of 8 certificates of election 8 personal notice of to officers elected 12 qualifications, common council judge of its own members 27 for members of board of education 204 for superintendent of highways 5a special for extraordinary public works expenditures 84 special, for additional water supply 99 special, to authorize extra school funds 206 special, for condemning lighting plants 286 special for extraordinary expenditures. common council may order by two-thirds vote 175 common council to make estimates of sums required 175 notice to be published 175 common council to appoint inspectors 175 mayor to fill vacancies among inspectors 175 qualifications of voters 175 elections to be by ballot; form of ballot 175 polls open from nine to four o’clock 175 challenges and oath to be taken by challenged 175 inspectors to canvass vote 175 result to be entered on common council minutes 175 common council to provide assessments 175 13 CHARTER INDEX. Section Elections, continued but one election a year, except by unanimous consent of common council 175 may provide for bond issues 175 common council may borrow in anticipation of levy 175 to determine system of taxation for highway purposes 304 Elective officers, except engineer, must be residents of Rome 13 Elective offices 5 vacancies in, how filled 10 removals from 11 Eminent domain, power of board of public works 84 power of water and sewer board 92 power of for additional water supply 101 city may acquire lighting plants 286 Engineer, assistant chief of fire department, see “assistant chief engineer.” Engineer, chief of fire department, see “chief engineer”. Engineers, may be employed by water and sewer board 90 Engineer, city, general duties 54 term of office 6 need not reside in the city 13 to make plans for sanitary sewer extensions 92 to ascertain lot frontage 180 power to clean snow and ice from sidewalks 184 to make assessments for local improvements 185 can not assess street work when interested or related to property owners 185 to give notice of completion of and hearing on local assessments 185 to prepare specifications for street cleaning, removal of ashes, gar- bage, etc 197 to direct certain temporary repairs 197 street plans to be filed with 179 Equalization, of assessment rolls 145 Errors in general tax sales 169 Errors in tax sales for local improvements 194 Errors do not invalidate local improvement assessments 196 Estimates, to be made by city boards for current fiscal year 148 to be made by common council for current fiscal year 148 to be published 148 to be passed upon by common council 148 annual by board of public works 81 extraordinary for board of public works 84 by board of public works for street improvement 178 street contract can not exceed 179 for additional water supply 99 for deficiency in water revenues 104 for deficiency in sinking fund for water supply bonds 103 for sanitary sewer extension and repair 92 of common council for special elections 175 of board of education (148) 206 annual of board of health 130 annual of fire and police board 109 annual of board of charity 136 14 CHARTER INDEX. Section Evidence, common council may require 41 how charter may be read as 294 how ordinances, rules, etc., may be read as 293 city maps, etc., as 296 Excise law violations, city court jurisdiction limited 236 Excise receipts, go to police and fire department fund 110 Exemption from taxation, of lands bid in by city 170 Executions, body 263 against sureties on a bail bond 264 upon judgment for penalty 265 Expenditures, authority of common council over 30 common council limited in (35) 177 mayor may veto separate items of 46 by boards, majority vote required 70 board of public works limited 81a extraordinary, special elections for, see “elections”, see also “debts”, “funds”, “warrants”. Expenses of policemen, how reimbursed 121 FEES, of city clerk to belong to city 49 for collecting paving taxes 188 of county clerk for recording tax sale certificates 161 collected by treasurer to belong to city 151 for the collection of taxes 151 of treasurer for conveying tax-sold land 166 of treasurer, for collecting local improvement taxes 187 to be added to taxes on property sold for local improvements 190 of freeholders on appeals from assessments 186 of city court belong to city 234 of court officers acting as notaries public, etc 266 of city court in criminal matters 268 to be charged by city court against the county 269 from excise law go to police and fire department fund 110 of policemen the same as of constables 118 of policemen may be charged county or town 123 policemen limited as to charging 121 conditions under which policemen may receive 122 of constables 55 of sealer of weights and measures 53 of pound master 56 none, except salaries, to be received by officers 62 to be included in judgments in favor of city 123 in judgments against city or officers 289 of witnesses to violation of charter, ordinances, rules 256 Fence viewers 287 Finances, scope of authority of common council over 30 mayor to communicate to common council regarding 46 method of bookkeeping 48 Fines, for violation of ordinances not to exceed $50 (236) 29 of aldermen 27 for willful damage to water or sewer property 94 for violation of water and sewer rules 95 for resisting or obstructing firemen 116 to be turned over to treasurer 125 15 CHARTER INDEX. Section Fines, continued jurisdiction of city court in actions to recover (236) 214 collected by city court, belong to city 234 for intoxication, disorderly conduct, breach of the peace 243 may be remitted by judge 247 actions for, how brought 251 moneys from go to general fund 297 Fire department, mayor executive head of 46 taxes for to be collected in corporation tax district 141 Firemen, board of fire and police may appoint and fix salaries .'114 have right of way 116 Fire regulations, how made and enforced 108 Fire and police, board of, general duties begin 107 commissioners appointive 5 terms of commissioners 6 terms of first commissioners 9 terms of commissioners expire May 1 107 commissioners must reside in corporation tax district 107 clerk appointed by mayor 76 annual estimate to be made (109) 148 authority over fire and police departments 108 power to make rules 112 limitations as to expenditures 110 power to appoint and remove its employes 115 controls fire department property 113 power to sell fire department property Ill may appoint firemen and fix salaries 114 shall appoint chief engineer 115 shall appoint assistant chief engineer 115 excise funds to go to police and fire department fund 110 one policeman to 1,500 inhabitants, and salaries 114 may appoint extra policemen 117 may dismiss policemen for intoxication 117 may appoint special policemen 117 shall appoint chief of police 118 chief of police to report to monthly 118 shall appoint assistant chief 118 shall appoint station keeper 118 to approve bonds of policemen 119 may remove policemen on charges 119 to pay and re-collect expenses of policemen 121 may charge county or towns for police services 123 authority over policemen receiving rewards, etc 122 may recommend offering of rewards 126 power to make and enforce fire regulations for buildings 108 see also “boards”, “policemen”. police pension law page 145 Fiscal year, begins January 1 177 all estimates to be for current 148 Fish Creek, city may take water from (100) (101) 98 Franchises common council may grant 44 officers not to be interested in 62 Frontage, to pay for street improvements 180 to pay for sidewalk improvements 184 engineer to ascertain 180 16 CHARTER INDEX. Section Funds, to be turned over to successors 288 deficiencies in, how supplied 153 to be used only for specified purposes 82 to be kept inviolate 48 not to be overdrawn 48 depositories for 48 to be deposited daily 48 interest on money in banks 48 treasurer custodian of all city moneys 48 monthly statements by treasurer 48 annual statement by treasurer 48 monthly report of warrants drawn by city clerk 49 appropriated by the common council 39 of common council, how to be paid 43 those under control of board of public Avorks (83) (151) 82 payments froip public works funds (see also “warrants”) 83 highway fund, how levied and collected 79 highway fund, disbursed by board of public works 151 temporary repairs from street repair fund 197 from paving bonds, limitation upon use of 188 of water and sewer board 91 fire and police department fund 110 excise revenues go to police and fire department fund 110 police and fire department fund 110 rewards to be paid from police and fire fund 126 poor fund 136 additional funds for board of charity . . . . 136 health fund 131 school fund; to be used only for school purposes 206 received by city attorney to be paid to treasurer 50 from which salaries of superintendents of boards shall be paid 76 general city fund, certain accountants paid from 60 fines, license fees and other moneys go to general city fund 297 authorized by special elections, to be used for purposes voted 175 for the payment of town audits 151 payment of, see also “warrants”. GARBAGE, removal of 197 Gas pipes, engineer to supervise laying of 54 house connection compulsory for paving 183 Government, city, when charter becomes operative 4 Grade lines, maps of 54 Grading, contracts for 80 see also “street improvements”. Guards, to protect street or storm sewer work 179 Gutters, in charge of board of public works 78 HEALTH, BOARD OF, general duties begin 127 commissioners appointive 5 terms of office of commissioners 6 terms of first commissioners 9 one commissioner to be a physician 127 general powers conferred 129 annual estimate of (148) 130 health fund 131 17 CHARTER INDEX. Section Health, board of, continued . health officer, appointment, salary and term of 128 office attendant to act as registrar of vital statistics, when 128 health officer, to sign warrants on health fund 132 health officer, can not be city physician 140 clerk of, appointed by mayor 76 see also “boards”. Hearings, on charges against appointive officers 18 on charges against elective officers 11 on proposed street improvements 178 on assessments for local improvements . 185 on appeals from local assessments 186 of policemen on charges 119 of city hall janitor on charges 6 of sealer of weights and measures on charges 6 H igby-Armstrong road law, applicable to Rome 79 Highway commissioners, office abolished 4 duties transferred to board of public works 78 Highway fund, how raised and collected 79 disbursed by board of public works 151 Highways, in charge of board of public works 78 in charge of superintendent of highways 5a assessment and taxation for (304) 79 state aid law applicable to 79 superintendent of, appointment and salary 5a contracts for 5a water pipes may be laid in 100 taxes for to be collected outside of corporation tax district 141 taxes for to be disbursed by board of public works 151 maps of 296 certain may be improved by board of public works 178 plans, etc., to be prepared and approved 178 expense of improvement, how provided for 178 borrowing to pay city’s share .• 174 Hydrants, engineer to supervise setting of 54 see also “water and sewers” ICE ON SIDEWALKS, to be removed by property owners (87) 184 after twenty-four hours engineer may clean 184 claims for damages on account of 198 cleaning before public property 197 Indebtedness, see “debts.” Injunction, necessary for action to annul local improvement assessments. . .188 to restrain violation of ordinances 37 Injury, claims for because of negligence 60 claims for caused by streets or sidewalks 198 time limit on claims and actions for 282 Inspectors of election, to file returns with city clerk 8 for special elections 175 Interest, on money in depository banks 48 on water and sewer funds 91 on water supply bonds 103 on water and sewer bonds, how paid 104 18 CHARTER INDEX. Section Interest, continued on paving bonds 188 rate on general tax sale certificates 164 rate on local improvement taxes on tax sales 190 Intersection, street, expense of paving 180 cleaning streets, and snow and ice on sidewalks 197 Intoxication, proceedings in city court for (239) (240) 243 Investigations, of officers and boards by mayor 46 by common council 41 Irregularities, in general tax sales 169 in tax sales, for local improvements 194 in local taxes, common council to reassess 196 JAIL KEEPER, to execute criminal judgments 245 Janitor, city hall, general duties 57 appointive 5 term of office 6 Judge, city, see “judge” under “court” Judgments, against city or officers, costs, fees, disbursements 289 in favor of city, fees to be included in 123 in suits for city or school taxes 155 common council may borrow to pay 176 rendered in city court 219 Junctions, of streets or alleys; expense of street work 180 cleaning streets, and snow and ice on sidewalks 197 Jurors, how drawn in city court 278 not incompetent because residents or taxpayers 283 return of 287 Justice of the peace, office abolished 4 actions pending before 271 laws apply to city court 219 jurisdiction over actions transferred to city court 214 city court’s territorial jurisdiction 217 city court’s powers over marriages 216 Justice of the Peace (Chapter 393, Laws of 1908). office created election and term of office shall have office within city jurisdiction of fees to act as city judge when designated laws applicable appeals from judgments of oath of office actions or proceedings before may be removed to city court when must make return to city court punishment for failure to make return powers and duties of city court and city judge remain unimpaired .... LABOR SYSTEM, of highway taxation abolished (304) 79 CHARTER INDEX. Section Lands sold for taxes, see“ collection by sale” under “taxes.” Lands sold by city, to be assessed, etc 170 Lands owned by city, exempt from taxation 170 Laws, powers conferred outside of charter retained '. 279 water and sewer laws retained 303 Lawyers, employment by the city (303) 50 Leases, to be signed by mayor 46 money from to be placed in general city fund 297 Legislative powers, of common council 35 Leveling streets, see “street improvements.” Levies, for taxes, see “levies” under “taxes.” Liability, power of boards and officers limited (177) (281) (288) 73 can not be contracted by engineer 54 city has none for special policemen 117 Licenses, to be issued by mayor 46 money from to be placed in general city fund 297 liquor tax funds go to police and fire department fund 110 Liens, other than taxes, sale of lands for 171 taxes a lien on real estate (196) 156 Lighting streets, in charge of board of public works 78 contracts for by board of public works 80 lighting fund 82 contracts for limited to five years (177) 88 taxes for to be collected in corporation tax district 141 each year’s expense of to be paid annually 177 plants for may be condemned by city 286 Lights, to protect street or storm sewer work 179 Liquor tax law funds, see “excise receipts.” MACADAMIZING, see “street improvements.” Maps, of streets, highways, sidewalks, sewers, etc. (80) (54) 296 of water and sewer mains to be made by engineer 54 Marriages, power of city judge 216 Mayor, general duties and powers of 46 an elective office 5 term of office 6 may be removed by governor upon charges 11 appointments by 5 absence or disability of 47 member of board of audit 60 salary and limitation of (65) 46 to appoint clerks of certain boards 76 may remove appointive officers upon charges 18 power to sign or veto ordinances and resolutions 28 to designate boards to perform special duties 40 to direct sealer of weights and measures 53 authority over city hall janitor 57 20 CHARTER INDEX. Section Mayor, continued to sign sewer extension bonds 92 to sign water extension bonds 103 may offer rewards 126 may appoint two women as charity commissioners 139 to sign warrants to treasurer 149 to execute paving bonds 188 may make arrests without warrants 257 may require subpoenas of city judge 267 may administer oaths 290 witnesses before not to be excused 284 Meetings, of co,mmon council, see “common council.” of administrative boards 67 Minutes, of meetings of boards 71 Mistakes in taxes or assessments, see “irregularities.” Mohawk river, Rome’s water rights therein 106 Money system of highway taxation (304) 79 Moneys, see “funds”; also “warrants.” NAMING STREETS, in charge of board of public works 78 Neglect, of officers to qualify (12) 17 Negligence, claims against the city 60 to be guarded against in street contracts 179 claims for on account of streets or sidewalks 198 claims, must be made within three months 282 actions, must be brought within one year 282 Newspapers, official, appointment of 42 ordinances to be published 28 notice of sale of city real estate 39 notice to enlarge corporation tax district 45 annual statement of treasurer to be published (72) 48 annual reports of boards to be published 72 advertisement for bids on public works required 85 notice of filing and inspection of assessment rolls 143 all annual estimates to be published 148 treasurer’s notice of tax collection 150 assessor’s notice of final review 157 tax sale notice and charge for same 160 notice of redemption of tax-sold property 165 notice of special elections 175 notice of hearing on street improvement .! 178 notice for street or storm sewer work bids 179 notice of completion of assessments for local improvements 185 notice of treasurer collection of local improvement taxes 189 local improvement tax sale advertisements 190 notice of redemption of local improvement tax-sold land 192 advertisements for street and snow cleaning 197 advertisements for the removal of ashes, garbage, etc 197 city court rules of practice to be published 227 affidavits of publication of notices 292 lists of nominations to be published 301 Nominations, for all public offices, lists of to be published 301 21 CHARTER INDEX. Section Notaries public, judge, special judge, court clerk have powers 266 Notice actual, must be given as to defective walks, etc 198 Notices, of appointment (14) 12 of election (12) 14 of sale of city real estate 39 to enlarge corporation tax district 45 of filing and inspection of assessment rolls 143 that treasurer will collect taxes 150 of revision and review of assessments for unpaid taxes 157 of tax sale 160 of redemption of tax-sold property 165 of special elections 175 of hearing on petition for street improvement 178 for bids for street or storm sewer work 179 to street railroads as to paving, etc 181 to repair sidewalks 184 of completion and hearing on assessments for local improvements. .. .185 that treasurer will receive local improvement taxes (189) 188 of redemption of local improvement tax-sold land 192 service of upon corporations, tenants, etc 291 affidavits of service and publication 292 Numbering lots on streets, in charge of board of public works 78 OATHS, of office must be taken and filed . .• 12 of policemen 119 of voters at special elections *. 175 of clerk of city court 213 may be administered by judge, special judge, court clerk 266 administered by mayor, president of common council or committee chairmen 290 false swearing under, perjury 290 Office, terms of, generally (see also “terms”) 6 Offices, no person shall hold two 13 Officers, terms of, see “terms of office”. elective 5 appointive 5 charges against (11) (46) 18 to hold till their successors qualify 15 may be investigated by common council 41 may be investigated by mayor 46 official legal adviser of 50 board of audit may investigate accounts 60 to receive no compensation or advantage except salary 62 Official newspapers, see “newspapers.” Oneida county, to reimburse for expenditures for it 299 Ordinances, scope of common council’s power to enact 35 signed or vetoed by mayor 28 passage over mayor’s veto 28 to be published 28 how recorded 38 fines for violation of not to exceed $50 (236) 29 violator may be committed to jail for failure to pay fine or penalty.. 236 can not be passed on day introduced except by unanimous consent... 39 22 CHARTER INDEX. Section Ordinances, continued amendment or repeal of 36 involving appropriations by common council 39 mayor’s duty to enforce . . 46 regarding water and sewer pipes 96 regarding fire regulations 108 common council may pass to require house connecting pipes 183 common council may enforce obedience to 29 common council may pass to require house connecting pipes 183 those previously passed continue in force 285 common council in 1904 may adopt and carry out charter 285 injunction to prevent violation of 37 prosecutions for violations of (251) (236) (240) 50 fines, etc., from to be turned over to treasurer 125 fines from go to general city fund 297 trials for violations of .. 240 jurisdiction of city court as to fines etc 214 information from witnesses as to violations 256 witnesses of violations of not to be excused 284 testimony of witnesses not to be used against them 284 how may be read as evidence 293 Overseers of the poor, charity board has powers •. 134 PAPERS, to be turned over to successors in office 288 official, see "newspapers”. Parks, in charge of board of public works , 78 contracts for 80 park fund 82 keeping in order and cleaning snow and ice 197 temporary repairs to 197 Party allegiance, of members of boards 5 Paving, contracts for 80 engineer to supervise 54 paving fund 82 laying water and sewer pipes in connection with 96 taxes for to be collected in corporation tax district 141 see "street improvements”. Pavements, temporary repairs to 197 Paving bonds, how issued, sold, etc 188 see "funds”; also "warrants.” Penalties for violating ordinances (236) 29 dismissal for intoxicated policemen 117 for policemen receiving fees, rewards or presents 122 see "fines”. Perjury 290 Pension, police law page 145 Permits for sanitary sewer connections 93 "Person”, term includes persons, firms, corporations, etc 295 Petitions, to board of public works for street improvement 178 Physicians, city and ward, appointment, term and salary of 140 one commissioner of health must be a physician 127 23 CHARTER INDEX. Section Plans for street improvement by board of public works 178 for street work filed with engineer 179 Police, mayor executive head of 46 chief of, appointment and duties 118 earnings go to police and fire department fund 110 chief may require subpoenas by judge 267 commissioners, see “fire and police”. Police pension law page 145 Policemen, terms of 119 one to every 1,500 inhabitants 114 extra and special may be appointed 117 limitations as to fees 121 shall take oath and execute bond 119 services may be charged county or towns 123 conditions of receiving fees, presents or rewards 122 necessary expenses of, how paid 121 dismissal as penalty for intoxication 117 charges against, dismissal 119 have powers and liabilities of constables 120 shall execute orders of city judge 120 shall serve civil processes in city actions 120 to execute criminal judgments * 245 may serve summons 254 to make arrests without warrants 257 may examine certain witnesses in city court 267 police pension law 145 Polls, for special elections 175 school elections time of opening and closing ' 204 Poor, care of (see also “charity”) 134 regular and additional funds for 136 physicians, appointments, etc 140 Poor person, may be exempt from city court fees 234 Pound master, general duties, fees, etc 56 an appointive office 5 term of office 6 Powers additional to charter 1 city has those necessary to charter enforcement 279 conferred on city by other laws retained 279 of water and sewer laws retained 303 President of common council, general duties 47 an elective office 5 term of office 6 absence of 26 member of board of audit 60 member of board of review 61 limitation of salary (47) 65 shall preside at common council meetings 21 has casting vote in case of tie vote 22 to appoint standing committees 33 to sign record of ordinances 38 to sign subpoenas of common council 41 to sign warrants on common council funds 43 may administer oaths 290 certain resolutions of board of education to be certified to 206 24 CHARTER INDEX. Section Property, how the city may acquire • ••• 1 city, control of by common council 30 city, lease and sale of 39 injury to water or sewer property 94 fire and police board may sell fire department property Ill of fire department controlled by fire and police board 113 sold for taxes, see “collection by sale” under “taxes”. city, to be turned over to successors in office 288 Property owners, petitions for street improvement 178 Proposals, see “bids.” Portests, against street improvement 178 Public act, charter so declared 302 Public works, board of, general duties begin 77 commissioners of appointive 5 terms of commissioners 6 terms' of first commissioners 9 public works fund 82 superintendent of 80 funds under control of 83 must advertise for bids for construction of new work 85 contracts shall be let to lowest bidder 85 clerk appointed by mayor 76 estimates of to common council (148) 81 to appoint and direct the city engineer 54 may hire assistants to engineer 54 to fix engineer’s salary and bond 54 to control engineer’s records 54 power to acquire lands, etc 84 special powers enumerated 80 authority over water and sewer pipes 96 nas power of highway commissioners 78 to determine highway taxes (137) 79 to disburse taxes collected for highways 151 to receive and act on street improvement petitions 178 to give hearings on street improvement 178 to receive and act upon protests 178 protest by owners of majority of frontage 178 to present plans and estimates to common council 178 common council resolutions to go on minutes 178 to act on storm water sewers 178 plans to be filed with the engineer 179 street improvement bids and action thereon 179 letting of street contracts 179 to make assessments for street work 180 to prescribe and direct paving by street railroads 181 may cause house connecting drains and other pipes 183 power and duties in construction and care of sidewalks 184 to send bills for sidewalk repair and cleaning 184 to direct engineer to make assessments 185 to give hearing on, correct, sign and file assessment rolls 185 to hear and determine appeals from assessments 186 to appoint freeholders to determine certain appeals 186 to attach warrants and deliver assessment rolls 187 to certify to common council unpaid paving taxes 188 to provide for cleaning streets before public property 197 to provide for removing ashes, garbage and rubbish 197 to direct repairs to streets, bridges, sidewalks, etc 197 25 CHARTER INDEX. Section Public works, board of, continued may improve certain highways, roads and streets subject to approval of common council 178. shall cause plans, etc., to be prepared and presented to common coun- cil 178 may require common council to issue bonds for improvement 178 authority over streets, see “streets.” authority over street improvement, paving, etc., see “street improve- ments.” authority over bridges, see “bridges.” authority over parks, see “parks.” lighting contracts, funds, etc., see “lighting.” autnority over storm -water sewers, see “storm water sewers.” authority over sidewalks, see “sidewalks.” authority over paving, see “paving.” see also “boards.” Purchase, authority to make 32 power of officers limited 73 no officer to be personally interested in 62 QUALIFICATIONS, of city officers, generally 13 common council judge of its own members 27 of city attorney 50 of water and sewer commissioners 89 women may be charity commissioners 139 of city judge 212 of court clerk / 212 Qualifications of voters, for city officers 16 at special elections 175 at school elections 204 Qualifying for office, and neglect to do so (17) 12 Quorum, of common council 23 of administrative boards 70 RAILWAYS, STREET, cost of street improvement 178 to pave and repair between and outside of tracks 181 existing agreement not repealed 181 Real estate, city, sale or lease of 39 general taxes, etc., a lien upon 156 sale of for taxes, see “collection by sale” under “taxes.” taxes for local improvement a lien upon 196 Receipts to be given by treasurer for tax payments 152 to be given by treasurer for tax rolls 154 Recorder, office abolished 4 actions pending before 271 Records, common council has access to 41 of city clerk to be public 49 chief of police to keep 118 Redemption of lands, sold for general taxes, see “redemption” under “taxes.” sold for local improvement taxes (see also “street improvements”) .. 192 Regulations, see “rules.” Rejection of bids, on street work, etc 179 26 CHARTER INDEX. Section Removals, from elective office . . . . H from appointive office 18 of residence of officers from the city or a ward 13 of fire and police employes 115 for removal of others see “terms.” Rentals for water, how established 93 proceeds of how expended 104 Repairs, temporary, to streets, parks, sidewalks, bridges, etc 197 to school buildings or grounds • -206 Repaving, see “street improvements.” Repeal of ordinances 36 Reports, of treasurer 48 of city clerk to be made monthly 49 of boards, when to be made; to be published (42) 72 of water and sewer board 97 of board of education 207 chief of police to make monthly 118 common council may prescribe form of 42 contracts for printing 42 Resignations, how made 18 Resolutions, common council, signed or vetoed by mayor 28 passage over mayor’s veto * 28 become law without mayor’s signature 28 making appropriations, how passed (70) 39 to be enforced by the mayor 46 Rewards, mayor may offer 126 when policemen may receive - 122 paid from fire and police fund 126 Review, board of, general duties 61 to review assessments 144 to review final corrected assessments 157 to deliver corrected rolls to treasurer 157 Rubbish, removal of 197 Rules, common council may make 27 each board may make 69 for use of water and sewers 95 for protecting buildings from fire, panics, etc 108 for fire and police departments 112 for practice of city court 227 of boards, city court’s jurisdiction over violations 236 of boards, actions for violations of, how brought 251 of boards, information of witnesses as to violations 256 how may be read as evidence 293 fines from go to general city fund 297 violations of, see “actions.” Rural portion of town of Rome, see “town of Rome.” SALARIES, of mayor 46 of president of common council 47 of aldermen 21 of city treasurer 48 of city clerk 49 27 CHARTER INDEX. Section Salaries, continued of clerks of boards, except water and sewer 76 of city attorney . . . 50 of assessors 51 of city engineer 54 of superintendent of schools 205 of city judge .212 of special city judge 212 of clerk of city court 212 of constables 55 of city sealer of weights and measures 53 of city pound master 56 of city hall janitor 57 of supervisors 59 of superintendents of boards, paid from board funds 76 of superintendent of highways „ 5a of members of boards 65 of water and sewer commissioners 89 of employes of water and sewer board 90 of fire and police employes 109 of firemen and policemen 114 of health officer 128 of superintendent of charities 135 of city or ward physicians 140 of freeholders on appeals from assessments 186 commissioners serve without pay 65 Sale of lands for taxes, see “collection by sale” under “taxes.” for liens other than taxes 171 Sanitary sewers, see “sewers”; also “water and sewers.” Schools, taxes for in corporation tax district 141 within the corporation tax district 199 outside of corporation tax district 200 union free school district changed 200 title to property in union free school district 201 state laws applicable to 202 taxes for school support 206 school taxes may be sued for 155 estimates of expenditures 206 expenditures over $5,000 for building, repairs, etc., require special election 206 school fund to be used only for school purposes 206 assessment and collection of school taxes (151) 208 collection of taxes unpaid when charter goes into effect 300 taxes to be collected by treasurer ...” 48 review of assessments (144) (157) 61 assessments and taxes a lien upon real estate 156 every assessment on real estate may be collected as herein provided. .156 correction and review of assessments for unpaid taxes 157 assessment of taxes voted at special elections 175 special tax provisions for Thomas street school 175 see also “education, board of.” see also “taxes.” Seal of board of education, to be used on school bonds 206 Seal of city court (276) 275 Seal, city, city may have and alter 1 clerk, to be custodian of 49 to be affixed to contracts, and other papers 46 28 CHARTER INDEX. Section Seal, city, continued to be used in certifying assessment rolls 145 to be used on tax warrants to treasurer 149 to be used on paving, bonds 188 to be used on tax sale conveyances 193 to be used by clerk in certifying ordinances, etc .293 Sealer of weights and measures, general duties of 53 appointive 5 term of office 6 salary of 53 Service of notices, on corporations, tenants, etc 291 affidavits of service or publication 292 see also “notices.” Sewage disposal, power to build and operate plants 92 Sewers, sanitary, maps of (296) 54 taxes for to be collected in corporation tax district 141 house connections compulsory 183 power to build sewage disposal plants 92 see also “water and sewers.” Sewers, storm water, see “storm water sewers.” Sheriff, to execute criminal judgments 245 Sidewalks, maps of (296) 54 engineer to supervise improvements 54 contracts for 80 property owners to build and care for 87 collecting assessments for building 157 expense of making in front of private property 180 making and repairing in front of private property 184 snow and ice within corporation tax district 184 engineer may clean snow and ice and charge expense to property owner 184 bills for cleaning snow and ice payable in thirty days 184 assessments for cleaning snow and ice, how collected 184 to be assessed separately from paving or sewer 185 cleaning snow and ice in front of public property and in parks 197 temporary repairs of 197 for additional information regarding assessments, review of assess- ments, and the collection of taxes for sidewalks see “assess- ments and taxes” indexed under “storm water sewers”, the pro- ceedings and powers being similar. Sinking fund, for water supply bonds in excess of constitutional limit.... 103 for retirement of water and sewer bonds 103 how created and maintained 103 may be invested in securities 103 to be deposited 103 Snow, property owners to clean sidewalks (184) 87 after twenty-four hours engineer may clean sidewalks 184 cleaning before public property 197 claims for damages on account of 198 Special acts, authorizing issue of bonds for street improvement. (Chapter 13, Laws of 1905) justice of the peace, creating office, election, jurisdiction, etc. (Chap- ter 393, Laws of 1908) 29 CHARTER INDEX. Section Special elections, see “elections.” Special city judge, see “special city judge” under “court.” Squares, maps of (296) 54 in charge of board of public works 78 contracts for 80 State aid law, applicable to Rome highways (304) 79 Station keeper, appointment and duties of 118 Station house, common council to provide 126 Storm water sewers, in charge of board of public works (178) 78 engineer to supervise construction and repair 54 contracts for (179) 80 storm water sewer fund 82 not part of sanitary sewer system 92 taxes for to be collected in corporation tax district 141 authority of board of public works and common council over 178 plans to be filed with engineer 179 advertisement for and action on bids 179 guards and light to protect 179 contracts can not exceed estimates 179 in connection with or separate from paving, etc 182 continuation or extension of 182 maps of (54) 296 assessments and taxes for storm water sewers. every assessment on real estate may be collected as herein pro- vided 156 when sewers built separately, assessment on property benefited. .180 board of public works to cause to be assessed (185) 180 method of apportioning cost 180 when sewers extended previous payments to be considered 182 sewers may be assessed as part of street improvement 182 to be made by engineer 185 to be separate from paving or sidewalks 185 to be made by another when engineer is interested 185 notice of completion of and hearing on assessments 185 public examination of assessment rolls 185 signing and filing of assessment rolls 185 appeals from assessments 186 treasurer to collect taxes 30 days without fees (189) 187 actions to annul assessments limited 188 notice of collection of taxes and time for payment 189 every tax or assessment a lien on real estate (156) 196 errors do not invalidate assessments or bonds 196 common council to reassess irregular taxes 196 payments previous to reassessment to be credited 196 surplus from reassessed taxes to be refunded 196 deficiency in assessments, how supplied 196 collection of taxes unpaid when charter goes into effect 300 review of assessments (144) (157) 61 correction and review of assessments for unpaid taxes 157 assignment and transfer of assessments 173 record of assigned assessments 174 assessment of taxes voted at special elections 175 assessment for storm water sewers before public property 180 for sale of lands for storm water sewer taxes see “collection of street improvement taxes” indexed under “street improve- ments,” the proceedings being similar. 30 CHARTER INDEX. Section Streets, maps of (296) 54 in charge of board of public works (80) 78 cleaning, lighting, naming, number, contracts for (78) 80 discontinuance or opening of 80 street repair fund 82 water pipes may be laid in 100 property owners to keep free from obstacles half the adjoining street. .184 cleaning in front of public property 197 temporary repairs to 197 contracts for work upon (179) 80 engineer to supervise repairs, improvements, etc 54 taxes for to be collected in corporation tax district 141 Street improvements (including paving, grading, leveling, repaving, mac- adamizing or telfordizing). majority of property frontage may petition for 178 hearings on and notice thereof 178 protest against, how made and filed 178 protests of majority frontage bar action for a year 178 petitions for reduced sections .-.178 plans to be filed„with engineer 179 advertisement and action on bids 179 guards and lights to protect 179 contracts can not exceed estimates 179 engineer to ascertain frontage 180 board of public works to determine expense 180 expense before public property to be on corporation tax district 180 railways to pave and repair between tracks, etc 181 existing railway agreement not repealed . .* 181 storm water sewers separate from and in connection with paving. .. .182 laying house connecting drains, gas and water pipes 183 proceeds of paving bonds, how to be used 188 assessments for street improvements. every assessment on real estate may be collected “as herein pro- vided” 156 taxes to be assessed in corporation tax district 141 board of public works to cause 180 method of apportioning cost 180 for laying house connecting drains and other pipes 183 to be made by engineer 185 to be separate for paving, storm sewer or sidewalk 185 to be made by another when engineer is interested 185 notice of completion of and hearing upon assessments ....185 public examination of assessment rolls ....185 signing and filing of assessment rolls 185 appeals from assessments 186 actions to annul assessments limited 188 reimbursed tax sale assessments to be reassessed 194 assignment of assessments for local improvements 173 every tax or assessment a lien on real estate (156) 196 small errors do not invalidate assessments or bonds 196 common council to reassess irregular taxes 196 payments previous to reassessment to be credited 196 surplus from reassessed taxes to be refunded 196 deficiency in assessments, how supplied 196 review of (144) (157) 61 assignment and transfer of assessments 173 record of assigned assessments 174 of taxes voted at special elections 175 bonds for (special act) 31 CHARTER INDEX. Section Collection of street improvement taxes. taxes to be collected in corporation tax district 141 notice that treasurer will collect taxes 188 treasurer to collect taxes for thirty days without fees 188 after thirty days collection paving bonds to be issued 188 paving bonds due in four annual installments 188 sale of property for local improvement taxes 190 expense of tax sale a charge on lands 190 publication of list of property to be sold for taxes 190 tax sales to be by auction 190 tax sales to continue until all property is sold 190 purchasers at tax sale to pay within forty-eight hours 191 certificates to be issued to purchasers 191 purchasers may possess lands bought at tax sale 191 redemption of lands sold for taxes 192 conveyances to be executed for unredeemed lands 193 conveyances conclusive evidence that sale was regular 193 errors in tax sale proceedings 194 reimburse tax sale assessments to be reassessed 194 surplus from tax sale, and disposal thereof 195 sharer in tax Sale surplus waives rights to lands 195 of taxes unpaid when charter goes into effect 300 Street railways, see “railways”. Subpoenas, common council may issue 41 mayor may issue : 46 board of audit may issue 60 may be issued by board of public works 186 when required of judge by mayor or chief of police 267 Suits, see “actions”, city may sue and be sued 1 Superintendents of boards, salary of 76 Superintendent, of charities (137) (138) 135 of highways - 5a of schools 205 of water and sewer board 90 Supervisors, general duties 59 elective officers 5 one to each ward . 5 terms of five expire 4 term of office 6 assessment rolls to be delivered to 145 to give, treasurer warrants for state, county and town taxes 151 duties in return of jurors 287 as fence viewers 287 Supervisors, board of, to levy and assess highway taxes (141) (304) 79 powers in respect to assessment rolls and taxes 298 to audit city court charges against county 269 levies outside of corporation tax district to be made by 146 powers of over assessment rolls 145 to levy highway taxes (79) (304) (178) 141 to levy salary of overseer of the poor 134 to pay for certain police services 123 to audit certain expenses of policemen 121 to levy expense of improving certain highways 178 Suspension, of appointive officers pending hearing 18 of appointive officers for disqualification 19 32 CHARTER INDEX. Section Surplus, from local improvement tax sales 195 from reassessed local improvement taxes 196 Surveys, engineer to make 54 of streets and sidewalks 80 Sweepings, contracts for removal of 197 TAXES, GENERALLY, for highways, how levied and collected (141) (304) . 79 for highways, disbursed by board of public works 151 for sewer extensions and sewage disposal 1 92 for supplying water outside city 93a for deficiency in water revenues 104 those on the entire city 141 rate not to exceed $1.70 annually 147 town, county and state 151 for town audits apply to town orders 151 a lien upon real estate until paid 156 on lands sold by the city 170 time secured in payment of (for local improvements only) 173 powers of board of supervisors over 298 those unpaid when charter goes into effect 300 for taxes for street improvements, see “street improvements”, for taxes for storm water sewers, see “storm water sewers.” for taxes for sidewalks, see “sidewalks”, for taxes for schools, see “schools.” assessments of general city taxes, how made by assessors 51 review of (144) (157) 61 for highway taxes how made (304) 79 equalization of, see “equalization.” a lien upon real estate 156 correction and review T of for unpaid taxes 157 lands sold by the city to be assessed 170 lands acquired by the city exempt 170 other than for taxes, how enforced 171 assignment and transfer of for local improvements 173 record of assigned assessments '. 174 of taxes voted at special elections 175 for street improvements, see “street improvements.” for storm water sewers, see “storm water sew T ers.” for sidewalks, see “sidewalks”, for schools, see “schools.” see also “assessors.” assessment rolls, manner of making 142 to be filed with city clerk 143 notice of filing and public inspection 143 review of on third Tuesday of August 144 clerk to copy, certify and deliver to supervisors 145 equalization of 145 clerk to extend and apportion taxes upon 149 to be delivered to treasurer by July 1 149 warrants to be annexed 149 to be returned by treasurer to clerk within 90 days 149 treasurer to give receipts for 154 treasurer to be charged with amount on 154 final revision and review of for unpaid taxes 157 delivery by board of review to treasurer 157 power of common council to correct 158 lands sold by city to be added to 170 assigned assessments to be marked upon 174 as voting lists for special elections 175 for school taxes (208) 206 powers of board of supervisors over 298 CHARTER INDEX. Section Taxes, general, continued levies, within and without corporation tax district 141 those in corporation tax district made by common council 146 those for entire city, made by board of supervisors 146 to be made by common council by May 15 148 highway taxes levied by supervisors (304) 79 to include sums borrowed in anticipation (148) 176 for paving, etc., before public property 180 of school taxes (208) 206 special tax provision for Thomas street school 175 collection, except by sale, taxes to be collected by treasurer 48 notice when and where treasurer will collect 150 taxes to be collected for thirty days without fees 151 fees on taxes collected after thirty days 151 town, county and state taxes- 151 town collector’s laws apply to town, county and state taxes 151 fees of treasurer to belong to city 151 treasurer to give receipts for payments 152 treasurer to be charged with amount of assessment rolls 154 how treasurer credits tax payment to himself 154 settlement with treasurer by common council 154 city and school taxes may be sued for 155 time on local improvement taxes 173 treasurer to collect local improvement taxes 187 treasurer to collect paving taxes 188 taxes for paving bonds, how collected 188 of school taxes (206) (155) 208 of taxes unpaid when charter goes into effect 300 collection by sale town, county and state taxes 151 treasurer to report unpaid taxes to assessors .157 assessors to make descriptions of property 157 assessors to revise assessments 157 board of review to review assessments 157 treasurer to advertise and sell lands for city and school taxes. . . .159 expense of tax sale a charge on lands 159 public notice of tax sale 160 tax sale to be by auction 160 tax sale to continue until lands are sold 160 purchasers to pay immediately 161 lands bid in by city 161 certificates of sale to be delivered, executed and filed 161 city clerk may act for treasurer at tax sale 162 disposal of proceeds of sale 163 tax sale gives clear title 165 conveyances and fees for same 166 conveyances evidence of regularity 167 possession of tax-sold lands 168 errors in tax sale proceedings 169 lands bid in by city exempt from taxes 170 lands sold by city to be assessed 170 of school taxes (206) (159) 208 for sale of lands for local improvement taxes see “collections” indexed under “street improvements.” redemption of lands sold for taxes. of property sold for state, county or town taxes • 151 disposal of surplus from sale of lands 163 when tax-sold lands may be redeemed 164 notices of redemption to be published 165 conveyance of unredeemed lands 167 34 CHARTER INDEX. Section Taxes, general, continued conveyances evidence of regularity . . . . by owner at time of sale of school taxes (206) ' for redemption of lands sold for local improvement taxes see “collection” indexed under “street improvements.” Telfordizing, see “street improvements.” Temporary appointment in disqualification 19 Temporary appointment in case of disqualification 19 Terms of office, generally 6 until successors qualify 15 of officers, computed by the political year 280 of aldermen (6) 7 of health officer 128 of superintendent of charities 135 of superintendent of highways 5a of superintendent of schools 205 of policemen 119 of members of board of education 204 of first commissioner of boards 9 of first members of board of education 203 of fire and police commissioners expire May 1 107 of water and sewer commissioners expire October 1 89 for terms of other officers see respective titles of such officers. Tie vote in common council 22 Titles, tax sale gives clear title 165 Treasurer, city, general duties of 48 an elective office 5 term of office 6 to execute bond 63 treasurer of water and sewer board 90 custodian of police and fire funds 110 custodian of health fund 131 custodian of poor fund 136 custodian of school funds 206 restriction upon cancellation of bond of 154 annual statement of to be published 48 to collect city taxes 150 to collect and deliver over state, county and town taxes 151 to give notice of collection of taxes 150 fees for collecting taxes 151 fees collected by belong to city 151 laws for town collectors apply 151 to collect local improvement taxes 30 days without fees (187) 189 to receive assessment rolls 149 to receive assessment roll for school taxes 208 to be charged with amount of assessment rolls 154 to give receipts for assessment rolls ! 154 to give receipts for all tax payments 152 common council to make tax settlement with 154 to report unpaid taxes to assessors 157 to advertise and sell lands for unpaid taxes 159 to advertise and sell lands for local improvement taxes 190 city clerk may act for at tax sale 162 to bid in lands not bid on at tax sale 161 to execute and deliver certificates of land sales 161 to pay county clerk's certificate fees 161 35 .CHARTER INDEX. Section Treasurer, city, continued to execute conveyances of tax-sold land; fees 166 to certify unpaid local improvement taxes 188 to collect by sale defaulted installments on paving bonds 188 how credited for tax receipts 154 to issue certificates for lands sold for local taxes 191 to execute conveyances for local improvement tax-sold lands 193 to keep a record of tax sale surplus 195 how to dispose of tax sale proceeds 163 to publish notice of redemption 165 to give receipt to owner of redeemed land 172 to pay moneys only upon warrants 43 to apply funds for town audits to town orders 151 on August 1 to supply deficiencies in boards’ funds 153 to make certain land sales by direction of common council 171 to execute assignments of assessments 173 to keep record of . assigned assessments 174 to credit to boards town or county reimbursements 299 to receive fines, revenues and police earnings 125 to place fines and certain other moneys in general fund 297 to receive money for sidewalk cleaning and repair '. 184 to receive and receipt for city court fees 234 to receive city court fees audited by supervisors 269 court clerk’s bond to be filed with 277 how to pay from the different funds, see “warrants”. how to credit proceeds of sale of fire department property Ill how to credit reimbursed police expenses 121 how to credit receipts for police services 123 Treasurer, county, to receive state, county and town tax collections 151 Trees, regulation of in public places (35) 80 Town auditors, to audit expenses of policemen 121 Town audits, in charge of board of audit 60 funds for the payment of 151 Towns, to reimburse for payments on their account 299 may be charged for police services 123 Town collectors, laws for apply to city treasurer 151 Town of Rome, outside of corporation tax district. highways of (see also “highways”) 79 taxes imposed upon 141 separate columns for on assessment rolls 142 taxes levied and raised by board of supervisors 146 schools of 200 see “corporation tax district.” UNANIMOUS CONSENT, in passage of ordinances 39 Union free school district, is corporation tax district 199 bonds upon 206 VACANCIES, in office generally, how filled 10 caused by failure to file oath * 12 caused by removal from city or ward 13 caused by temporary disqualification 19 caused by failure ta -execute bonds (63) 20 in office of mayor, how filled 47 36 CHARTER INDEX. Section Vacancies, continued in office of president of common council 47 in office of superintendent of highways 5a in board presidencies, how filled 68 among special election inspectors to be filled by mayor 175 in board of education, how filled 204 Vagrancy, proceedings in city court 249 Veto, power of mayor (46) 28 passage by common council over mayor’s veto 28 Violations, of charter, ordinances, rules, see “court”, “ordinances”, “rules.” Vote, aye and nay required for expenditures by boards 70 votes in common council, see “common council.” Voters, qualifications of at general elections 16 qualifications of at special elections 175 qualifications of at school elections 204 WAGES, see “salaries.” Wards, boundaries of 2 separate assessment roll for each 142 supervisors shall not change relative assessed valuation of 298 each regarded as a town for certain purposes 287 physicians of 140 officers of must reside in the ward 13 Warrants, on funds, how drawn on common council funds 43 to be filed 48 of common council to be countersigned by clerk 49 how drawn on public works fund 83 how drawn on water and sewer funds 91 how drawn on police and fire funds 110 how drawn on health fund 132 how drawn on charity fund 138 see also “funds.” Warrants, tax, to treasurer, to be annexed to assessment rolls 149 for state, county and town taxes to be given to treasurer 151 to be attached to local improvement assessment rolls 187 for collection of school taxes 208 Warrants, legal, in criminal cases (245) 248 in cases of charter violations, etc 252 civil, no bond required for issuing 255 Water and sewer commissioners, board of, general duties begin 89 how board is composed 9 commissioners appointive 5 terms of commissioners 6 terms of first commissioners 9 commissioners to reside in corporation tax district 89 terms of commissioners to expire October 1 89 board may make rules 95 reports of boards (72) 97 superintendent of 90 superintendent to act as clerk 76 appointment of city engineer and authority over him 54 setting of hydrants supervised by city engineer 54 maps of pipes, etc., to be made by city engineer (296) 54 laying of pipes supervised by city engineer 54 commissioners may hire additional engineers and employes 90 37 CHARTER INDEX. Section Water and Sewer Commissioners, board of, continued deficiency in revenue, how supplied 104 expense of maintaining water system 104 receipts 91 establishment and collection of rates for use of water 93 expense of supplying water to inhabitants within two miles of mains. .93a charge of sewer connections 93 water receipts, how to be applied 104 annual estimate to be made for “fiscal year” 148 water rates in tax sales 164 water supply may be cut off for non-payment, etc 93 contamination of water 94 additional water supply 98 may take water from Fish Creek or other streams 98 pipes may be laid in highways, etc 100 power of condemnation for sewer purposes 92 may build sewage disposal plants 92 power of condemnation for additional water supply 101 bonds for additional water supply 103 sinking fund for payment of water bonds in excess of constitutional limit 103 sinking fund for retirement of water and sewer bonds 103 to deposit sinking fund 103 may invest sinking fund 103 may sell securities invested in 103 may supply water outside city 93a water rights in Mohawk River 106 prosecution of pending litigation as heretofore 303 new lines and extensions of mains 92 taxes for extensions to be collected in corporation tax district 141 willful injury to property 94 buildings may be entered 93 connecting pipe on streets about to be paved 96 when house connections are compulsory (96) 183 certain laws affecting retained 303 powers in addition to charter provisions 299 see also “sewers, sanitary” and “boards”. Witnesses, common council may compel attendance of 41 mayor may compel attendance of 46 board of public works may compel attendance 186 may be required to tell of offenses (256) 267 not to be excused from testifying 284 testimony of not to be used against 284 Women, may be appointed charity commissioners 139 taxpayers may vote at special elections 175 may be members of board of education 204 YEAR, fiscal, begins January 1 177 political, begins January 1 280 38 INDEX OF ORDINANCES Enacted by the Common Council oi the City of Rome Ordinance Number Actions for violations of ordinances, rules and by-laws 69 Advertisements, scattering of on streets, etc 57 not to be posted in certain places 66 Advertising, conveyances, hotels, etc 14 Advertising business, must be licensed (see bill posting) 66 (see bill posting) 66 Alarm, false fire 1 Alley, see “streets.” Animals, running at large 12 must not be fastened to trees 25 obstructing sidewalks 28 driving over pavement in process of construction 55 Animal show or performance, must be licensed 65 Aqueducts, in streets 65 Ashes, must not be placed in streets, etc., except during certain period. ... 50 placing of regulated by board of public works 50 piles of in street to be guarded 53 may be put in boxes or barrels 53 to be removed by contractor or board of public works 53 boxes and barrels to be removed 53 Assemblages, on sidewalks, etc 22 Assignation, house of 7 Assignee's sale, must be licensed 64 Attorney, city, see “city attorney.” 39 CITY ORDINANCE INDEX. Ordinance Number Auction, ringing of bells for 10 sale (8) 32 license not required for farm products or household goods 81 see also “auctioneer.” Auctioneer, must be licensed (81) 64 must comply with laws of the state 64 must pay license fee (81) 64 license of, when expires (81) 64 license of may be revoked 64 Automobiles, traffic regulations (72) (74) (76) 77 to be equipped with mufflers 78 gases, noise and smoke prohibited 78 when to stop for street cars 77 Awnings, use of regulated 41 must be removed after notice 41 Ball, playing in streets 9 Bankrupt, sale must be licensed 64 Bar room, theatrical representations, concerts, etc., in 16 Bar.clc, ash 53 prohibited on streets 43 Bathing, in streams, etc., within corporation tax district 3 Beggar, street 8 Begging 8 Bells, ringing of 10 must be attached to sleighs, etc 38 Bill boards 66 (see also “bill posting”) Bills, posting of on city property prohibited 39 business of bill posting 66 (see also “bill posting”) Bill posting, business of 66 must be licensed 66 license to be issued by mayor 66 license fee fixed by common council 66 waste paper and refuse to be removed 66 license, term of 66 license may be revoked and canceled 66 bills, posters, etc., must not be attached to trees, poles, etc 66 illegal bill boards removed by police 66 ordinance does not apply in legal notices 66 Bicycle, speed limit 30 traffic regulations 72 Board of public works, see “public works.” Board of fire and police commissioners, see “fire and police commission- ers, board of”. Bond, to be given before granting of permission to open pavement, etc... 50 Bowling alley, running of during prohibited hours 5 40 CITY ORDINANCE INDEX. Ordinance Number Boxes, ash 53 prohibited on streets 43 Bridges, obstruction of (26) 22 injury to 56 posting of bills, etc., on 39 Brothel 7 Buildings, not to be moved upon streets without permit 20 not to remain in street longer than two days 20 not to project over line of street, etc 21 to be removed off streets, etc 21 entrance to, not to be obstructed 22 posting of bills on 39 materials for in streets, etc 43 public must not be injured . .., 56 property must not be injured 56 in fire limits regulated 67 in fire limits to be fireproof 67 in fire limits, plans for to be approved 67 board of fire and police commissioners may grant permission to erect, repair, etc 67 Building material, in streets, etc. (44) 43 Cannons, toy, sale prohibited 73 Carriages, without horses not to remain in streets 23 at railroad stations 36 Cartmen, subject to direction of board of public works 36 Cattle, running at large 12 Chickens, running at large 12 Chief of fire department, to inspect buildings 67 to cause removal of dangerous substances or material 67 Chief of police, to notify owner of house of prostitution 7 may direct removal of buildings on street line, etc 21 conveyances at railroad station subject to direction of 36 may direct removal of signs across sidewalks 40 may direct removal of awnings 41 City attorney, to appear and prosecute violations of ordinances, etc 69 City, property of, injury to prohibited (1) 56 City clerk, to license dogs , . 62 City directory 68 (see also “directory, city”). City planning commission, ordinance creating, terms of members 79 Circus, must have license 65 City officers, hindering or obstructing 15 Coal, can not be scattered on pavement 52 41 CITY ORDINANCE INDEX. Ordinance Number Combustibles, explosive, firing of 13 keeping of in city 67 Concealed weapons 71 Concerts, in bar rooms, etc 16 public, must have license 65 Construction work, interference with guards and protection around 55 Conveyances, public and private 36 soliciting of passengers for 14 Common council, may grant permission to sell goods at auction 32 to fix license fee for hawkers 63 to fix license fee for auctioneers 64 to fix license fee for transient retail business 64 to fix license fee for theaters, entertainments, etc 65 to fix license fee for bill posters 66 may compel removal of bill boards 66 Crossing, street, obstruction of by railroad 31 Crosswalks, obstruction of (24) (27) 22 excavation in 50 interference with grade line of, etc 55 (see also “sidewalks”.) Cutters, must have bells attached 38 Decency, outrage of public 1 Dirt, dropping of from vehicles 51 removal of from streets, etc 61 (see also “rubbish” and “refuse.”) Directory, city 68 canvassing for and publishing without license prohibited 68 Disorderly conduct 1 Disorderly house (7) 4 Disturbance, public 1 Diversion, improper 1 Dogs 62 must be numbered, licensed and registered 62 license fee for 62 must wear a collar 62 to be delivered to dog policemen or police department 62 dog policemen appointed by board of fire and police commissioners.. 62 may be redeemed 62 fees and fines to be placed to credit of dog fund 62 unlawful to remove tag of 62 to be destroyed if not redeemed 62 owned by non-residents 62 Dog fund 62 Ducks, running at large 12 42 CITY ORDINANCE INDEX. Ordinance Number Drains, in streets 46 obstruction of 60 (see also “sewers”) Entertainments, certain must have license 65 Excavation, interference with guards around 55 Exhibition, of goods in streets 32 public 65 Explosives, firing of 13 must not be kept within city limits 67 to be removed 67 sale of fireworks, etc 73 False alarm of fire 1 Fees, license, (see “license”, “common council.”) Fine may be imposed for violation of ordinances, etc 70 not to exceed amount of penalty 7(1 Fire, false alarm 1 hose at, not to be driven over 18 board of fire and police commissioners may compel precautions against 67 dangerous substance or material not to be kept in city 67 dangerous substance and material to be removed 67 Fire apparatus, jumping or riding on 17 Firearms (71) 13 Firecracker, firing of 13 sale of 73 Fire department, riding or jumping on apparatus 17 may inspect or cause to be inspected buildings within city 67 Fire chief, (see “chief of fire department”). Fire limits, boundaries of 67 wooden buildings in prohibited 67 buildings to be fireproof 67 construction of buildings in, regulated 67 ‘ plans for buildings in to be approved 67 board of fire and police commissioners to grant permission to erect buildings in 67 Fire and police commissioners, board of to appoint dog policeman 62 to approve plans and specifications for buildings within fire limits. ... 67 may grant permission to erect and repair buildings within fire limits. . 67 may compel precautions against fire 67 may compel removal of dangerous substance or material 67 Fireworks, sale of 73 what are legal . . . 73 Gambling 4 Games, playing of in streets 9 43 CITY ORDINANCE INDEX. Ordinance Number Gaming house 4 Gas, pipes in streets (46) 45 on premises or in streams 58 Geese, running at large 12 Goats, running at large 12 Goods, exhibited of in streets .• 33 packing and unpacking on sidewalks 34 not to be placed on sidewalks as permitted by ordinance 35 sale of by transient 64 sale of at auction 32 Grade line, interference with 55 Grease, etc., not allowed on pavement 52 Guards, interference with around street and other work 55 Guest, soliciting of 14 Gun, firing of 13 Gunpowder, firing of 13 Gutters, on unpaved streets to be kept clean 47 i obstruction of 60 Hawkers, must have license 63 Hawking, must be licensed 63 without license 63 Health, disturbing or endangering public 1 Highways, removal of dirt from 61 buildings not to be moved on without permit 20 (see also “streets”). Horses, running at large 12 in street must be securely tied 24 fastening of to trees, etc 25 driving, speed of 29 obstructing sidewalks and crosswalks (27) 28 driving over pavements in process of construction or repair ......... 55 traffic regulations (7) 74 Hose, driving over, at a fire 18 to be protected 18 Hydrants, not to be covered and concealed . 19 Ice and snow (see “snow and ice”). Indecent conduct 1 Indecent pictures, photographs, drawings, etc 6 Injury to person 1 Injury to property (24) (56) 1 to sewers, drains, etc 60 44 CITY ORDINANCE INDEX. Ordinance Number interference with guards and protection around construction work, etc... 56 with grade lines, etc 55 Intoxication 2 Jumping on fire apparatus 17 Junk, license required for dealers 80 Kite, flying of in street » 9 Landmark, must not be removed or injured, etc. (55) 54 Lanes, (see “streets”). Lascivious, pictures, etc 6 Legal notices, ordinances relating to bill posting does not apply to 66 Lewd pictures, etc 6 Lewd women, entertainment of 7 procuring for purposes of prostitution 7 License, for auction sale 32 dog 62 hawking 63 auctioneer must have (81) 64 theaters, shows, circuses, etc., must have 65 for certain entertainments not required 65 bill posting, sign advertising and advertising business must have.... 66 junk dealers 80 city directory 68 to carry weapons 71 Mayor, to give notice to owner or lessee of house of prostitution 7 may direct removal of buildings of street line 21 may grant permission to sell goods at auction 32 may direct removal of signs across sidewalks 40 may direct removal of awning 41 to issue license for hawking 63 to issue auctioneer’s license 64 to issue license for transit retail business 64 to issue license for theaters, shows, etc 65 to issue license for bill posting, etc 66 may revoke bill posting license 66 may compel removal of bill boards 66 hiay grant license for canvassing for and publishing city directory. ... 68 may direct prosecution for violation of ordinances, etc 69 may authorize and direct city attorney to appear and prosecute vio- lations of ordinances, etc 69 "Menageries, must be licensed 65 Mendicant 8 Merry-go-round, must be licensed 65 Monuments, in streets, must not be injured, removed, etc. (55) . 54 Motorcycle, speed limit (75) (76) 30 traffic regulations (72) 74 lights on 75 mufflers 78 45 CITY ORDINANCE INDEX. Ordinance Number- Noise, (10) 11 Notice, on conviction for keeping house of prostitution 7 to remove buildings on street line 21 to remove signs across sidewalks 40 to remove awnings 41 to remove obstructions in streets (44) 43 to repair sidewalks 48 to connect with water, sewer and gas mains 49 to remove dangerous substance or material 67 Nuisance, not allowed on pavement 52 on premises or in streams (59) 58 in tenements or on lots (58) 59 in streets, etc. (58) 59 to be removed after notice 59 certain, defined 59 in sewers, drains, etc 60 posting of bills, etc., not to create 66 Obscene, pictures, etc 6 Officers, city, hindering or obstructing 15 Oil, grease, etc., not allowed on pavement 52 delivery wagons and tanks 52 Opera, shows, etc.; must be licensed 65 Ordinances, violations of, how prosecuted 68 (see also “penalty”, “violation of ordinances”.) Papers, scattering of 57 not to be posted in certain places 66 Parks, public, driving on 37 buildings, materials, etc., in (44) 43 scattering of papers, etc., in 66 (see also “streets”.) Passengers, soliciting of 14 Pavement, not to be opened, removed, etc., without permission of board of public works 50 bond to be given before opening of, etc 50 oil, grease, etc., on guards and protection around 55 driving over in process of construction or repair 55 Paving, board of public works may require water and sewer connections on streets to be paved or repaved 49" Peace, disturbance of public 1 Pedlers, license for 63 Penalty, fine may be imposed instead of 70 offender may be committed to jail for failure to pay fine 74 (The amount of penalty is prescribed in each ordinance. For collec- tion of penalty see also Sec. 263 of the city charter). Performances, in bar rooms, etc 16 Person, injury to I 46 CITY ORDINANCE INDEX. Ordinance Number Pictures, indecent 6 P Pipes, laying of in streets (46) 45 laying of in streets under direction of board of public works 46 Pistol, firing of 13 sale of toy pistols prohibited 73 Police, chief of, (see “chief of police”). Police and fire commissioners, board of (see fire and police commissioners, board of”). Posting bills 66 (see also “bill posting”). Proclamation, for public sale or auction 10 Property, injury to (56) 1 Prostitute 8 Prostitution, house of must be vacated by occupant 7 Public decency, outrage of 1 Public conveyances, subject to direction of board of public works and police 36 Public works, board of, may grant permission to move buildings on streets, etc 20 may grant permission allowing vehicles to remain on street 23 vehicles, public conveyances and cartmen subject to direction of 36 to cause trees to be trimmed if owner refuses or neglects 42 to certify to city treasurer expense of trimming trees 42 may grant permission to place building materials, etc., on streets, etc., (44) 43 may require removal of building materials, etc., (44) 43 laying of sewer, gas, water pipes, etc., under direction of 46 to cause unpaved streets and gutters to be cleaned 47 to repair sidewalks if owners neglect 48 may require connection with water and sewer mains 49 may grant permission to make openings, etc., in pavement 50 shall require bond before granting permit to open pavement 50 removal of ashes and rubbish regulated by 53 may permit removal of dirt from streets 61 Railroads and railways, street surface, speed limit 31 obstruction of crossings by 31 Refuse, not permitted on premises or allowed to be put in streams (47) ... 58 (see also “ashes”). Riding, on fire apparatus 17 Riot 1 Rocket, firing of 13 Rubbish, throwing of into sewers 60 (see also “ashes”). 47 CITY ORDINANCE INDEX. Ordinance Number Sale, of goods by hawkers 63 auction 32 public ringing of bell, etc., for 10 Saloon, concerts, etc., bar room of 16 Sewer, pipes in streets (46) 4'5 board of public works may require connection with 49 obstruction of 60 interference with 60 Sheep, running at large 12 Shows, must have license * 65 moving picture 65 Sidewalks, skating, sliding and sleds upon 11 obstruction of (28) (43) 22 exhibition of goods on 33 packing and unpacking of goods on 34 placing of boxes, etc., on prohibited 35 signs across 40 to be kept free from ice and snow 48 to be kept in good repair 48 repairs may be done by board of public works 48 expense of repair, how collected . 48 interference with grade line stakes, etc : 55 scattering or throwing papers, etc., on 66 motorcycles not to be driven on 79 Sign advertising, business of must be licensed 66 Signs, across sidewalks 40 to be removed after notice 40 must have permission to erect 40 giving speed limit 76 Skating, upon sidewalks 11 Skating rink, must be licensed 65 Sleds, sliding upon sidewalks 11 Sleighs, must have bells attached 38 Smoke, escape of 58 Snow and ice, not to cover or conceal hydrants 19 must be removed from sidewalks 48 city engineer to remove if owner or occupant neglects 48 expense of removal a charge against owner or occupant 48 Soliciting, passengers of guests 14 Speed limit, driving horses 20 bicycle or motorcycle 30 street surface railway 31 motor vehicles (75) 76 Squibs, firing of 13 Square, driving upon 37 (see also “streets”). 48 CITY ORDINANCE INDEX. Ordinance Number Streams, fouling of 58 Streets, playing ball games, etc., on 9 skating or sliding on 11 moving of buildings on 20 projection of buidings on 21 horses on 24 obstruction of crossings by cars, etc 31 auction sale on 32 exhibition of goods in 33 boxes, etc., on 35 signs across 40 obstruction of by building materials, etc. (44) 43 laying of pipes in (46) 45 unpaved to be kept clean 47 gutters of to be kept clean 47 to be kept clean from ice and snow 48 to be kept in good repair by owners of property 48 repairs to may be done by board of public works 48 dirt, etc., not to be dropped on 51 oil, etc., not to be allowed on pavement 52 ashes and rubbish on 53 monuments or landmarks in, must not be removed, etc., (55) 54 interference with guards and protection around work on 55 interfence with grade line, monuments, stakes, etc 55 scattering of papers on prohibited 57 nuisance on (59) 58 removal of dirt from graded 61 hawking on 63 scattering or throwing papers, etc., on 66 Street railway, speed limit on street or highway 31 Tar, on premises or in streams 58 Theaters, must have license 65 Theatrical representation, in bar rooms, etc 16 must have license 63 Traffic regulations (72) 74 Transient retail business, must be licensed 64 license for may be revoked 64 fees for license to be fixed by common council 64 Treasurer, city, to collect expense of trimming trees 42 dog fees and fines to be paid to 62 Trees, injury to (56) 25 ornamental and shade must be trimmed 42 to be trimmed by board of public works if owner neglects or refuses. . 42 Vagrant 8 49 CITY ORDINANCE INDEX. Ordinance Number Vehicles, without horses not to stand or remain on street 23 traffic regulations (72) (74) 77 not to remain on bridges 26 at railroad stations under direction and control of board of public works and police 36 on runners, must have bells attached 38 passing street cars 77 dirt, etc., not to be dropped from 51 oil, grease, etc., not to be dropped from 52 driving over pavements in process of construction or repair 55 Vendors, license for 63 Violation or ordinances, how prosecuted 69 fine may be imposed for 70 in default of payment of fine may be committed to jail 70 (penalty for prescribed in each ordinance). (for collection of judgment for penalty see section 263 of city charter). Wagons, dirt, etc., not to be dropped from 51 oil must be arranged to prevent dripping on pavement 52 (see also “vehicles”). Water, pipes in street (46) 45 board of public works may require connection with 49 Women, lewd 7 Weapons, concealed, license for, etc 11 50 Ill l u miivm