V \ Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/charterordinanceOOsyra AND OKDIISlAiSlCES OF THE City of Syracuse, N.Y. As Revised in 1885, and as Amended from 1885 to 1893 INCEUSIVE, TOOETHEK with SPECIAL LPXIISLATIVE ENACTMENTS AEFECTING THE CITY OK SYRACUSE. SUPPLEMENT EOR 1894. SYKACUSlv, N. Y.; E. M. GKOVEK, KKINTEK AND HINDER. OF'F'ICERS OF THE City Government, From its Organization to the Present Time. Act of Incorporation Passed Dec. 14, 1847. 1848. Mayor— UARYUY BALDWIN. Ci/y Clerk — Richard A. Yoe. City Treasurer — PERRY Burdick. City Surveyor — BENJAMIN F. GrEEN. Alder7nen. I. Elizur Clark, Janies Lynch. II. John B. Burnet, Alexander McKinstry. III. Gardner Lawrence, William H. Alexander. IV. Robert Furman, Henry W. Durnford. 4 CITY GOVERNMENT OF 1849. Mayor— UhlAS W. LEAVENWORTH. City Clerk — S. Corning Judd. City Treasurer — Harmon W. Van Buren. City Surveyor — Joseph M. Trowbridge. Aldermen. I. James Lynch, Thomas Feagan. (Resigned February 26th, 1850.) John P.* Babcock, (Appointed by Common Council to fill vacancy.) II. Alexander McKinstry, Silas Titus. III. Gardner Lawrence, Amos Westcott. IV. Henry W. Durnford, Edward B. Wicks. 1850. ALFRED H. HOVEY. City Clerk — LeRoy L. Alexander. City Treasurer — Harvey Hathaway. City Surveyor — Joseph M. Trowbridge. Aldermeii. I. John P. Babcock, Miles W. Bennett. II. Silas Titus, George W. Herrick. HI. Amos Westcott, John W. Barker. \ IV. Edward B. Wicks, Henry D. Hatch. THE CITY OF SYRACUSE. 1851. J/ajw— MOSES D. BURNET. (Elected but declined to qualify.) HORACE WHEATON. (Appointed by Common Council.) City Clerk — LeRoy L. Alexander. City Treasurer — James A. CastlE. City Surveyor — Benjamin F. Green. Aldervieii. I. Miles W. Bennett, Burr Burton. II. George W. Herrick, James M. Taylor. III. John W. Barker, Volney Green. (Removed from Ward.) Benjamin L. Higgins. (Elected to fill vacancy.) IV. Henry D. Hatch, Charles Pope. 1852. Mayor— C. WOODRUFF. City Clerk — UeRoy L. Alexander. City Treasurer — Jacob S. Smith. City Surveyor — Benjamin P". Green. A I (ter men. I. Burr Burton, Alonzo Crippen. H. Daniel O. Salmon, Harmon Ackerman. HI. Volney Green, Addison G. Williams. IV. Charles Pope, Oliver T. Burt. 6 CITY GOVERNMENT OF 1853- DENNIS McCarthy. City Clerk — EeRoy E. Alexander. City Treasurer — John M. Jaycox. City Surveyor — Benjamin F. Green. Alderuien . I. Alonzo Crippen, Patrick Cooney. II. Daniel O. Salmon, Alexander McKinstry. III. Addison G. Williams, John A. Clarke. IV. Oliver T. Burt, George J. Gardner. 1854 Mayor— MUNROE. City Clerk — Carroll E. Smith. City Treasurer — S. HervEY Slosson. City Surveyor — John F. Kidder. Aldermen . I. Patrick Cooney, Richard Sanger. II. Peter Ohneth, Jacob Pfohl. III. Alexander McKinstry, Solomon Wands. IV. Peter Featherly, Francis A. Thayer. V. William B. Durkee, Z. Eawrence Beebe. VI. John A. Clarke, Timothy Hough. VII. William C. Young, Robert M. Richardson. VIII. George J. Gardner, Tobias Van Dusen. THE CITY OF SYRACUSE. 7 1855. LYMAN STEVENS. City Clerk — Carrole E. Smith. City Treasurer — S. HervEY Seosson. City Surveyor — John F. Kidder. Alderitien. I. Richard Sanger, Timothy R. Porter. II. Jacob Pfohl, Peter Ohneth. III. Soloman Wands, Manly T. Hilliard. IV. Francis A. Thayer, William Kirkpatrick. V. Z. Lawrence Beebe, Vernam C. James. VI. Timothy Hough, Charles H. Wells. VII. Robert M. Richardson, Horatio N. White. VHI. Tobias Van Deusen, Elijah M. Ford. 1856. CHARLES F. WILLISTON. City Clerk — Carroee E. Smith. City Treasurer — Edgar Marvin. City Surveyor — Benjamin F. GreEn. Aldermen . I. Timothy R. Porter, Coddington B. Williams. II. Peter Ohneth, Peter Conrad. HI. Manly T. Hilliard, Charles Manahan. IV. William Kirkpatrick, George Sanford. V. Vernam C. James, William B. Durkee. VI. Henry Church, Amos B. Hough. VII. Horatio N. White, Francis A. Marsh. VHI. James L. Bagg, Norman Watson. 8 CITY GOVERNMENT OF 1857. Mayor— CUARhUS F. WILUSTON. Ci'^y Clerk — James S. Gileespie. City Treasurer — Horace Wheaton. City Surveyor — Daniel Richmond. Aldermen. I. Coddington B. Williams, Patrick Cooney. II. Peter Conrad, Cornelius L. Alvord. III. Charles Manahan, John Ritchie. IV. George Sanford, William Kirkpatrick. V. John C. Manly, John J. Mowry. (To fill vacancy. ) VI. Amos B. Hough, Henry Church. VH. Francis A. Marsh, John Radigan. VHI. Norman Watson, Samuel J. Fackey. ^ 1858. Mayor— WICIAAU WINTON. * City Clerk — James S. Gileespie. City Treasurer — HORACE WhEATON. City Surveyor — John F. Kidder. Alder7}ie)i. I. Patrick Cooney. H. Frederick Gilbert. HI. Charles Manahan. IV. James Johnson. V. Abiah P. Doane. VI. John F. Cook. VH. Robert M. Richardson. VHI. Samuel J. Fackey. THE CITY OF SYRACUSE. 1859- Mayor— mj-AS W. LEAVENWORTH. Ctiy Clerk — Edgar S. Mathkws. City Treasurer — Norman Otis City Surveyor — John F. Kidder. Aldermeit. I. Harvey Hathaway. V. David Field. II. Adam Eistman. VI. Charles P. Clark. III. Samuel P. Geer. VII. Jason S. Hoyt. IV. Luke Collins. VIII. Austin Myers, i860. Mayor— KUOS WESTCOTT. City Clerk — Edgar S. Mathews. City Treasurer — John G. K. Truair. City Surveyor — John F. KiddeR. Aldermen . I. Harvey Hathaway. II. Adam Eistman. III. Samuel P. Geer. IV. Euke Collins. V. David Field. VI. Charles P. Clark. VII. Horatio N. White. VIII. Samuel J. Eackey. 1861. Mayor— CHARL'ES ANDREWS. City Clerk — Edgar S. Mathews. City Treasurer — John G. K. Truair. City Surveyor— D. BORDEN. CITY GOVERNMENT OF Aldermen. I. Garrett Doyle. II. Jacob Pfohl. III. Samuel P. Geer. IV. Horatio G. Glen. V. David Field. VI. Moses Summers. VII. Horatio N. White. VIII. Ira Seymour. 1862. CHARLES ANDREWS. City Clerk — Edgar S. Mathews. City Treasurer — John G. K. Truair. City Surveyor — BENJAMIN F. GrEEN. Aldermen. I. Garrett Doyle. II. Benedict Haberle. HI. Samuel P. Geer. IV. William Summers. V. Josiah Bettis. VI. Charles P. Clark. VII. Horatio N. White VIII. Ira Seymour. 1863. Mayor— BOOKSTAVER. City Clerk — Robert M. Beecher. City Treasurer — Daniel J. Halsted. City Surveyor — James Burke. Aldermen. I. Franklin Ward. II. Charles Meebold. HI. Francis H. Kennedy. IV. Luke Collins. V. Jacob Pinkerton. VI. Francis E. Carroll. VII. Parley Bassett. VIII. George J. Gardner. THE CITY OF SYRACUSE. I r 1864. Mayor— C. POWELL. City Clerk — Edward H. Brown. City Treasurer — John G. K. Truair. City Surveyor — H. WADSWORTH Clarke. Aldermen. I. Franklin Ward. II. Charles F. Wisehoon. III. Jacobus Bruyn. IV. Horatio G. Glen. V. Josiah Bettis. VI. Alfred Higgins. VII. John J. Crouse. VIH. Philander W. Hudson. 1865. Mayor— WICCIAU D. STEWART. City Clerk — Edward H. Brown. City Treasurer — John G. K. Truair. City Surveyor — Henry F. Greene. Aldermen . I. Peter Mackin. H. Charles F. Wisehoon. HI. Jacobus Bruyn. IV. Charles Stroh. V. Anson A. Sweet. VI. Alfred Higgins. VII. John J. Crouse. VIII. James Bonner. 1866. Mayor— WILLIAM D. STEWART. City Clerk — Edgar S. Mathews. City Treasurer — MosES SUMMERS. City Surveyor — H. Wadsworth Cuarke. 12 CITY GOVERNMENT OF Aldermen. I. Peter Mackin. II. John Graff. III. Edmund B. Griswold. *IV. Charles Stroh. V. David Field. VI. Alfred Higgins. VII. Joseph E. Masters. VIII. Robert Hewitt. 1867. Mayor— D. STEWART. City CAr/C'— E dgar S. Mathews- City Treasurer — Charees J. Foote. City Surveyor — HAMILTON D. BORDEN. A ider7?ien. I. Samuel Kent. II. John Graff. III. Jacobus Bruyn IV. David Wilcox. V. Horatio G. Glen. VI. Richard W. Jones. VII. Miles Handwright. VIII. Robert Hewitt. 1868. —CHARLES ANDREWS. City Clerk — Edgar S. Mathews. City Treasurer — Thomas S. Truair. City Surveyor — H. WADSWORTH ClarkE. Aldermen. I. John McKee ver. II. John Hirsch. III. Jacobus Bruyn. IV. Nicholas Grumbach. V. John Stedman. VI. Richard W. Jones. VII. Benjamin L. Higgins. VIII. James Pinkerton. \ THE CITY OF SYRACUSE. 13 1869. CHARLES P. CLARK. Ci/y C/erk—'E'DGAK S. MatheWS. Ci/y Treasurer — ThOMAS S. Truair. City Surveyor— H. Wadsworth Clarke. Alder?nen. I. Samuel Kent. II. Peter Miller. III. William H. Austin. IV. Nicholas Grumbach. V. Horatio G. Glen. VI. Alfred Higgins. VII. Jacob Levi. VIII. James Pinkerton. 1870. Mayor- CUARhUS P. CLARK. City Clerk — Samuel W. Sherlock. City Treasurer — Parley BassETT. City Surveyor — William Burke. A Idermeu. I. John McGuire. II. Maximilian Blust. HI. Martin Smith. IV. William Phillipson. V. Christopher C. Bradley. VI. Samuel IL Kingsley. VII. Jacob Levi. VIII. George Draper. 1871. Mayor— FRAISCIS E. CARROLL. City Clerk — SamuEL W. SheRLOCk. City Treasurer — PARLEY BassETT. City Surveyor — WiLLlAM BurkE. 14 CITY GOVERNMENT OF Alde7'7nen . I. John McGuire. II. Jacob Knapp. III. Alfred A. Hewlett. IV. William Phillipson. V. Christopher C. Bradley. VI. Thomas Nesdall. VII. Jacob Levi. VIII. Thomas G. Bassett. 1872 . Mayor— 'FRAIS^ CIS E. CARROLL. CAy Clerk — Samuel W. Sherlock City Treasiirer — Parley BasseTT. City Surveyor — John B. Borden. Alder7nen. I. John McGuire. II. John Demong V. Jacob Pinkerton. VI. Thomas Nesdall. III. Richard Clancy. VII. William Cahill. IV. John Kohl. VIII. E. Austin Barnes. 1873. Mayor— MJICIAA.U J. WALLACE. City Clerk — Samuel W. Sherlock. City Treas7trer — Parley Bassett. City Surveyor — John B. Borden. Alder77ie7i . I. John Cawley. 11. John Demong. III. Richard Clancy. V. John H. Horton. VI. John R. Whitlock. VH. William Cahill. IV. John Kohl. VI H. George J. Gardner. THE CITY OF SYRACUSE. 3 1874. NATHAN F. GRAVES. City Clerk — Samuel W. Sherlock. City Treasiu'er — Parley Bassett. City Surveyor — John B. Borden. Aldermen. I. John Cawley. V. John D. Gray. II. John Demong. VI. John R. Whitlock. III. Richard Clancy. VII. William Cahill. IV. William Kirkpatrick. VIII. James L. Hill. 1875- GEORGE P. HIER. City Clerk — Eyman C. Dorwin. City Treasurer — Albert E. Bridgeman. City Surveyor — P^dson E. Euddington. Aldermen. I. Jeremiah F. Barnes. V. William Dickison. II. Adam Filsinger. VI. Alfred Higgins. III. Austin C. Wood. VII. Albert M. Morse. IV. Thomas Ryan. VUI. Janies E. Hill. 1876. Mayor— JOHN J. CROUSE. City Clerk — Eyman C. Dorwin. City Treasurer — James B. Rae. City Survey 0 } — Dennison Richmond. 6 CITY GOVERNMENT OF Aldermen. I. John Harvey. II. John Demong. III. Timothy Sullivan. IV. Thomas Ryan. V. Samuel Taylor. VI. Alfred Higgins. VII. Albert M. Morse- VIII. Riley V. Miller. 1877. JAMES J. BEEDEN. City Clerk — Eyman C. Dorwin. City Stiles M. Rust. City Surveyor — Howard Soule, Jr. A Idermen . I. Jeremiah F. Barnes. V. A. Clarke Baum. H. John Listman. VI. Alfred Higgins. III. Timothy Sullivan. VH. Albert M. Morse. IV. J. Emmet Wells. VIII. Jacob Crouse. 1878. Mayor— JAMES J. BEEDEN. City Clerk — Eyman C. Dorwin. City Treasurer — StilES M. Rust. City Surveyor — Howard Soule, Jr. Aldermen. I. John Harvey. H. Philip Schaefer. HI. Timothy Sullivan. IV. J. Emmet Wells. V. Pierce B. Bray ton. VI. Alfred Higgins. VII. Thomas McCarthy. VIII. Dennis M. Kennedy. THE CITY OF SYRACUSE. 17 1879. Mayor— IRYING G. VANN. OVjF C/erk — Lyman C. Dorwin. Ci^y Treasurer — Timothy Sullivan. City Surveyor — Edson E. Luddington. Aldermen. I. Andrew Martin. II. Joseph Walier. III. Anthony S. Webb. IV. Charles Schlosser. V. Charles Hubbard. VI. Daniel Candee. VII. Dennis B. Keeler. VIII. Luther S. Merrick, 1880. Mayor— FRANCIS HENDRICKS. City Clerk — Lyman C. Dorwin. City Treasurer — Timothy Sullivan. City Surveyor — Edson L. Luddington. A Idertnen. I. Andrew Martin. II. Joseph Walier. III. Anthony S. Webb. IV. Charles Schlosser. V. Greene W. Ingalls. VI. Daniel Candee. VII. William Cahill. VIII. Luther S. Merrick. 1881. ,I/^^^;-_FrANCIS HENDRICKS. City Clerk — Lyman C. Dorwin. City Treasurer — Timothy Sullivan. City Surveyor — Edson L. Luddington. •4 i8 CITY GOVERNMENT OF Aldermen. I. Frederick Beley. II. Jacob Eichenlaub. III. Anthony S. Webb. IV. James Finegan. V. Richard Tremaine. VI. Willis B. Burns. VII. John Bedford. VIII. Father S. Merrick. 1882. Majnr— JOHN DEMONG. CAy Eyman C. Dorwin. Oly Treasurer — Timothy Suttivan. City Surveyor — Edson E. Euddington. Aldermen. I. Frederick Beley. II. Jacob Eichenlaub. III. Anthony S. Webb. IV. James Finegan. V. Richard Tremaine. VI. Willis B. Burns. VII. John Bedford. VIII. Euther S. Merrick. 1883. J/^J^.^;^_THOMAS RYAN. City Clerk — Eyman C. Dorwin. City Treasurer — CharrKS J. Rak. City Surveyor — John B. Borden. Aldermen. I. Frederick Beley. II. Jacob Eichenlaub, III. Frank Matty. IV. J. Emmet Wells. V. John C. Keeffe. VI. Charles E. Candee. VII. Thomas McManus. VIII. Euther S. Merrick. THE CITY OF SYRACUSE. 19 1884. Mayor— THOMAS RYAN. Ci^y Clerk — Henry W. Bannister. City Treasicrer — Charles J. Rae. City Surveyor — Thomas GoodseLL. A Idermen. I. Hoyt H. Freeman. H. Charles Ristman. HI. Frank Matty. IV. Frederick Schwarz. V. William J. Gillett. VI. Charles E. Candee. VH. Thomas McManus. VHI. James B. Brooks. 1885. Mayor— THOMAS RYAN. City Clerk — Henry W. Bannister. City Treasurer — CiiARLES J. Rae. City Surveyor — John B. Borden. Alderuieu, V. John G. Glazier. VI. Cliarles E. Candee. VH. Thomas McManus. VIII. Terrence D. Wilkin 1886. Mayor—WlChlS B. BURNS. City Clerk — Henry W. BannIvSTER. City Treasurer — MlCllAEL WilELAN. City Surveyor — Wm. H. H. GerE. I. John Leahey. H. Charles Listman. HI. James Downey. IV. Philip Goettel. 20 CITY GOVERNMENT OE Alderjfien. I. John Leahey. II. Charles Listman. III. James Downey. IV. Jacob Galster. ‘ V. Charles S. Haskins. VI. Charles E. Candee. VII. Peter E. Garlick. VIII. Joseph W. Young. 1887. Mayor— WllAAS B. BURNS. City Clerk — Henry W. Bannister. City Treasurer — Michaee WheLAN. City Engineer — Wm. H. H. GerE. A Idermen. I. John Eeahey. II. Charles Eistman. HI. Patrick R. Quinlan. IV. Jacob Galster. V. Charles C. Uott. VI. Charles ly. Candee. VII. Peter E. Garlick. VHI. Joseph W. Young. IX. Frank M. Sweet. X. J. Phelps Shumway. XI. John McEennan. 1888. j/^v^;__WIEEIAM B. KIRK. City Clerk — Henry W. Bannister. City Treasurer — MichaEE WhELAN. City Engineer — John B. Borden. THE CITY OF SYRACUSE. 2 I A Iderffien. I. John Leahey. II. Peter Snavely. III. Patrick R. Quinlan. IV. James Finegan. V. Charles C. Lott. VI. Charles E. Candee. VII. Peter E. Garlick. VIII. C. Eugene Seager, IX. Frank M. Sweet. X. Tohn Scanlon. XI. John McLennan. 1889. Mayor— B. KIRK. City Clerk — Henry W. BannIvSTER. City Treasurer — Benjamin W. Roscoe. City Engineer — John B. Borden. Aldermen. I. Thomas Small. II. Peter Snavely. III. Frank Matty. IV. James Finegan. V. Terrence D. Wilkin. VI. Charles E. Candee. VII. Michael I). McAuliffe. \"III. C. Eugene Seager. IX. lulward M. Klock. X. John vScanlon. XI. John McLennan. 1890. WILLIAM COWIE. City Clerk — Henry F. Stephens. City Treasurer — Benjamin W. Roscoe. City Engineer — Hp:nry C. AelEN. 22 CITY GOVERNMENT OF Aldermen. I. Thomas Small. II. Andrew Zinsmeister. III. Frank Matty. IV. Benjamin Stephenson V. Terrence D. Wilkin. VI. Charles E. Candee. VII. Michael D. McAuliffe. VIII. Charles F. Ayling. IX. Edward M. Klock. X. Michael O’Neill. XI. John McLennan. 1891. j/wr — william COWIE. City Clerk — Hknry F. Stephens. City Treasurer W. RoscoE. City Engineer — Henry C. AllEn. Aldermen . I. John Leahey. II. Andrew Zinsmeister. HI. Frank Matty. IV. Benjamin Stephenson. V. Peter J. Mack. VI. Charles E. Candee. VI I . John J. Murray. VIII. Thomas Merriam. IX. Philip G. Brown. X. Thomas McCarthy. XI. Fred. A. M. Ball. XII. Edward C. Smith. XIII. Leonard S. Hamson. XIV. John S. Carter. 1892. Mayor— AMOS. City Clerk — Henry F. Stephens. City Treasurer — PATRICK R. QuiNEAN. City Engineer — Henry C. AllEN. THE CITY OF SYRACUSE. 23 Alder 77ien. I. John Leahey, II. Andrew Zinsmeister. III. Frank Matty. IV. Benjamin Stephenson. V. Peter J. Mack. VI. Robert C. McClure. VII. John J. Murray. VIII. Eugene J. Mack. IX. Philip G. Brown. X. William J. Nairn. XI. Fred A. M. Ball. XII. Jay B. Kline. XIII. Leonard S. Hamson. XIV. John A. Tholens. 1893. Mayo7^—]KQ,0^ AMOS. City Clerk — Henry F. Stephens. City Treasurer — Patrick R. Quintan. City ETigiTieer — Henry C. Aeeen., Alder77ie77. I. John Leahey. H. Andrew Zinsmeister. HI. Frank Matty. IV. Benjamin Stephenson. V. Peter J. Mack. VI. Robert C. McClure. VH. George Freeman. VHI. Eugene J. Mack. IX. George A. Ball. X. William J. Nairn. XI. Robert Ballard. XII. Jay B. Kline. XIII. Leonard S. Hamson. XIV. John A. Tholens. XV. John Regan. XVI. Frederick A. Schuck. XVH. Patrick J. McMahon. XVHI. Otto A. Thomas. XIX. John J. Murray. \ THE REVISED CHARTER OF THE CITY OF SYRACUSE. PASSED FEBRUARY 21. 1885, AND AS AMENDED BY THE SEVERAL AMENDMENTS FROM 1885 TO 1893 INCLUSIVE. SUBSEQUENT AMENDMENTS OF SECTIONS AND SUB-DIVISIONS INDICATED BY REFERENCES ATTACHED THERETO. TITLE I. BOUNDARIES AND CIVIL DIVISIONS. Section i . The citizens of this State from time to Corporate Name. time inhabitants of that portion of the territory of this State heretofore known as the city of Syracuse, shall continue to be a body politic and corporate by the name of “The City of Syracu.se,’’ and 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, beque.st or purchase, and hold and convey, such real or personal e.state as the purposes of the corporation may require. ^ 2. All the real estate and personal property now owned or po.s.se.ssed by or held in the name of the city of Syracuse, or in trust for the mayor and common council of the city of Syracu.se, are hereby vested in “The City of Syracuse,’’ with power to hold or con- 26 REVISED CHARTER OF Control of City vey the Same as the purposes of said corparation may require. The said corporation shall also have the powers and privileges conferred by the statutes of this State upon corporations as well as those conferred by this act, which shall be known as ‘ ‘ The Revised Char- ter of the City of Syracuse.” § 3."^ The boundaries of said city shall be as follows: Beginning at the northeast corner of the Onondaga Salt Springs Reservation and the southeast corner of lot number twenty-eight of the military township of Man- lius, and running thence westerly along the north line of said Salt Springs Reservation to the southeast corner of Woodlawn cemetery ; thence northerly, westerly and southerly along the east, north and west lines of said cemetery, to the north line of Manlius street ; thence westerly along the north line of said street and the northeasterly line of Third North street, to the north- Boundaries of the City. easterly line of the said Salt Springs Reservation ; thence northwesterly along said reservation line to the northwesterly bank of the present channel of Bear Trap creek at or near the northerly corner of Marsh lot num- ber forty-seven ; thence southwesterly along the north- westerly bank of the present channel of said creek to the northeasterly line of Spring street ; thence north- westerly along said line of Spring street and the Liver- pool road to a point opposite the most northerly corner of Marsh lot number twenty- two in said reservation ; thence southwesterly across said Liverpool road, and along the northwesterly lines of said Marsh lot number *As amended by Chapter 368 of the Laws of 1887. THE CITY OF SYRACUSE. 2J twenty-two, and reclaimed lot number three, to low- water mark of Onondaga lake ; thence in a straight line southwesterly across said lake to the most north- erly corner of reclaimed lot number thirty- nine ; thence southwesterly along the northwesterly line of said re- claimed lot number thirty-nine and of farm lot number fifty-four of said Salt Springs Reservation, to the “blue line,’’ so-called, of the enlarged Erie canal; thence westerly along .said ‘ ‘ blue line ’ ’ to a point in range with the southwesterly line of Willis avenue, formerly Quince street; thence southeasterly to and along said line of Willis avenue, formerly Quince street, to the northerly line of lands of the Auburn branch of the New York Central and Hudson River railroad ; thence westerly along said line of said railroad lands to the west line of farm lot number three hundred and thirty of said Salt Springs Reservation ; thence southerly along the westerly line of farm lots number three hundred and thirty and one hundred and forty- three to the southwest corner of said farm lot number one hundred and forty-three ; thence easterly along the southerly line of said farm lot number one hundred and forty-three to a point in a northwesterly prolongation of the southwesterly line of Myrtle street ; thence southeasterly in a straight line to and along said line of Myrtle street to the most northerly corner of Geddes cemetery ; thence southwesterly, southeasterly and northeasterly, along the northwesterly, southwesterly and southeasterly lines of said cemetery, to the south- westerly line of said Myrtle street ; thence southeasterly along said line of said street to the southeasterly line of 28 REVISED CHARTER OE Tompkins street, formerly Fifth South street; thence northeasterly along said line of Tompkins street, tor- merly Fifth South street, to a point in range with the southwesterly line of Avery avenue, formerly Filbert street; thence southeasterly in a prolongation of said line of Avery avenue, formerly Filbert street, to the westerly line of Avery avenue, formerly the Onondaga Hill road, so-called ; thence southerly along said westerly line of said road to the south line of the Onondaga Salt Springs Reseir^ation, aforesaid ; thence easterly along said south line of said reservation to the northwest corner of lot number seventy-five of the late Onondaga Reservation ; thence southerly along the west line of said lot number seventy- five to the south line of Stolp avenue, as shown upon a map of the Cowles tract, so- called; thence easterly along the south line of said avenue to the westerly line of Onondaga street; thence southerly along said line of Onondaga street to the easterly line of Cortland avenue ; thence northerly along said line of said avenue to the left bank of the present channel of Onondaga creek ; thence up along the left or west- erly bank of said creek as it winds and turns, to a westward prolongation of the south line of lot number ninety-three of said last mentioned Reservation ; thence easterly to and along said line of said lot number ninety- three, to the westerly line of the lands of the Syracuse, Binghamton and New York railroad ; thence southeast- erly along said line of said railroad lands to the south line of lot number ninety-four of said late Onondaga Reservation ; thence easterly along the south line of said lot number ninety-four and lot number ninety-five 'I'HE CITY OF SYRACUSE. 29 to the east line of said Reserv^ation; and thence northerly along the east line of said Reservation and of the Onon- daga Salt Springs Reservation aforesaid to the place of beginning. §4.* The said city shall be divided into nineteen Ward divi- sions and wards, bounded and described respectively as follows : boundaries. First Ward. — All that part of said city bounded as ist ward, follows : Beginning in the northeasterly line of said city at its intersection with the center line of Court street and running thence southwesterly along the center line of said street to the center of Oswego canal ; thence southeasterly along the center line of said canal to a point in range with the southeasterly line of Marsh lot number thirty-four ; thence southwesterly to and along said line of Marsh lot to the center of Onondaga creek ; thence down along the center of the present channel of said creek and the same prolonged into Onondaga lake to the northwesterly line of the city ; thence northeasterly and southeasterly along said city line to the place of beginning, shall constitute the first ward . Second Ward. — All that part of said city bounded 2nd ward, as follows : Beginning in the northeasterly line of said city, at its intersection with the center line of Court street, and running thence southwesterly along the center line of said street to the center of the Oswego canal ; thence southeasterly along center of said canal *As amended by chap. 368 of 1887 ; chap, no of 1890 ; chap. 15 of 1891 ; chap. 571 of 1892 ; chap. 3 of 1893, 30 REVISED CHARTER OE 3rd Ward. 4th Ward, to a point opposite the center ’of Division street ; thence northeasterly along the center of said street to the center of Townsend street ; thence northwesterly along the center of Townsend street to a point opposite the center of Pond street ; thence northeasterly along the center of Pond street to the center of Third North street ; thence easterly along the center of Third North street to the city line ; and thence northwesterly along the same to the place of beginning, shall constitute the second ward. Third Ward. — All that part of said city bounded as follows ; Beginning at the intersection of the center lines of the Erie and Oswego canals, running thence westerly along the center of said Erie canal to the center of Leavenworth avenue ; thence northerly along the center of Leavenworth avenue to the boundary line of the first ward ; thence northeasterly along the line of said first ward to the center of the Oswego canal, and thence southeasterly along the center of said canal to the place of beginning, shall constitute the third ward. Fourth Ward. — All that part of said city bounded as follows : Beginning at the intersection of the center of the Oswego canal with the center of James street and running thence southerly to the center of the Erie canal ; thence easterly along the center of the Erie canal to the city line ; thence northerly along said city line to the center of Janies street ; and thence south- westerly along the center line of James street to the place of beginning, shall constitute the fourth ward. THE CITY OF SYRACUSE. 3 ' Fifth Ward. — All that part of said city bounded as 5th ward follows : Beginning at the intersection of the eenter of the Erie canal with the center of Onondaga creek and running thenee westerly along the center of said canal to a point opposite the center of Tioga street; thence southerly along the center of Tioga street to the center of Fabius street ; thence westerly along the center of Fabius street to the center of Oswego street ; thence southerly along the center of Oswego street to the center of Merriman avenue ; thence easterly along the center of Merriman avenue to the center of Kellogg street ; thence northeasterly on Kellogg street to the center of Slocum avenue ; thence southeasterly on Slocum avenue to the center of West Onondaga street ; thence northeasterl}^ along the center of West Onondaga street to Onondaga ereek ; thence down along the center of said creek to the place of beginning, shall constitute the fifth ward. Sixth Ward. — All that part of said city bounded as 6th Ward follows : Beginning in the center of the Erie canal in range with the center line of Montgomery street and running thence southerly to and along the center of said street to the center of Jefferson street ; thence ea.st along the center of Jefferson street to the eenter of the south part of Montgomery street ; thence southerly along the center line of Montgomery street to the center of Harrison street ; thence westerly along the center line of Harrison street to the center of West Onondaga street ; thence southwesterly along the center of West Onondaga street to the center of Onon- 32 REVISED CHARTER OE 7th W ard. 8th Ward. daga creek ; thence northwesterly and northerly down along the center of said creek to the center of the Erie canal ; thence easterly along the center of the Erie canal to the place of beginning, shall constitute the sixth ward. Seventh Ward. — All that part of said city bounded as follows : Beginning in the center of the Erie canal at the northeast corner of the sixth ward hereinbefore described, and running thence southerly along the easterly line of the sixth and eighteenth wards to the center of Adams street ; thence easterly along the center line of Adams street to the center of Almond street ; thence northerly along the center line of Almond street to the center of the Erie canal ; and thence west along the center of said canal to the place of beginning, shall constitute the seventh ward. Eighth Ward. — All that part of said city bounded as follows : Beginning at the intersection of the center of the Erie canal with the center of Almond street, and running thence southerly along the center line of Almond street to the center of Burt street ; thence easterly along the center line of Burt street to the center of Renwick avenue ; thence southerl}^ along the center line of said avenue to the easterly line of lands owned and occupied by the Delaware, Lackawanna and Western railroad for a right of way ; thence southerly along the easterly line of said railroad lands to the northwest corner of Oakwood cemetery ; thence east- erly along the north line of said cemetery to the east line of farm lot number one hundred and eighty-seven THE CITY OF SYRACUSE. 33 of the Onondaga Salt Springs Reservation ; thence northerly’ along the east line of said farm lot and the west line of Ja}^ street to the south line of University Place ; thence westerly along the south line of Univer- sity Place to a point opposite the center of University avenue ; thence northerly along the center line of said avenue to the center of Erie canal ; and thence west- erly along the center of said canal to the place of be- ginning, shall constitute the eighth ward. Ninth Ward. — All that part of said city lying west 9th ward, of the thirteenth, fifteenth and seventeenth wards and south of the center line of Genesee street, shall consti- tute the ninth ward. Tenth Ward. — All that part of said city lying westioth ward, of the fifteenth ward, and north of the center line of Genesee street, .shall constitute the tenth ward. Eleventh Ward. — All that part of the city lying nth ward, south of the thirteenth, eighteenth, nineteenth, eighth and fourteenth wards, shall constitute the eleventh ward. Twelfth Ward. All that part of said city bounded ^^tii ward, as follows: Beginning at the intersection of the center line of James street with the center of the Oswego canal ; thence northwesterly along the center of said canal to a point opposite the center of Butternut street; thence northeasterly and northerly along the center line of Butternut street to the city line ; thence easterly, northerly, easterly, southerly, easterly and southerly 34 REVISED CHARTER OF along said city line to the center of Janies street ; thence southwesterly along the center line of James street to the place of beginning, shall constitute the twelfth ward. 13th Ward. Thirteenth Ward. — All that part of said city bounded as follows: Beginning at the intersection of Geddes street with the center of Merriman avenue and running thence southerly along the center of Geddes street to the center of Bellevue avenue to an angle in the city line ; thence southerly, easterly, southeasterly and northerl}^ along said city line to Onondaga creek ; thence down along the center of said creek to the center of West Onondaga street ; thence southwesterly along the center of West Onondaga street to the center of Slocum avenue ; thence northwesterly along the center of Slocum avenue to the center of Kellogg street; thence southwesterly on Kellogg street to the center of Merriman avenue ; and thence westerly along the cen- ter of Merriman avenue to the place of beginning, shall constitute the thirteenth ward. 14th Ward. Fourteenth Ward. — All that part of said city bounded and described as follows: Beginning at the intersection of the center of the Erie canal with the center of University avenue, and running thence southerly along the center line of said avenue to the south line of University Place ; thence easterly along said south line of University Place to the west line of Jay street; thence southerly along the west line of Jay street and the east line of farm lot number one hundred r and eighty-seven of the Onondaga Salt Springs Reser- THE CITY OF SYRACUSE. 35 vation to the south line of said Reservation; thence east- erly along the said Reservation line to the east line of said city ; thence northerly along the said city line to the center of Erie canal, and thence westerly along the center line of said canal to the place of beginning, shall constitute the fourteenth ward. Fifteenth Ward. — All that part of said city ,5th Ward, bounded as follows: Beginning at the center lines of Leavenworth avenue and the Erie canal, running thence westerly and northwesterly along the center of said Erie canal to the northwesterly line of said city ; thence northeasterly along said city line to the north- westerly corner of the first ward ; thence southeasterly along the line of said first ward to the northwesterly corner of the third ward ; thence southerly along the line of the third ward to the place of beginning, shall constitute the fifteenth ward. Sixteenth Ward. — All that part of the city i6th ward, bounded as follows: Beginning in the center of Os- wego canal, at a point opposite Division street ; thence southeasterly along the center line of .said canal to a point opposite the center of Butternut street ; thence northeasterly and northerly along the center of said street to the center of Third North street ; thence west- erly along the center of Third North street to the center of Pond street ; thence southwesterly along the center of Pond street to the center of Townsend street ; thence southeasterly along the center of Townsend street to the center of Division street; thence southwesterly 36 REVISED CHARTER OF 17th Ward. i8th Ward, along the center of Division street to the place of be- ginning, shall constitute the sixteenth ward. Seventeenth Ward. — All that part of said city bounded as follows; Beginning at the center of the Erie canal at a point opposite of Tioga street, and run- ning thence westerly along the center of said canal to the center of Geddes street ; thence southerly along the center of Geddes street to the center of Merriman avenue ; thence easterly along the center of Merriman avenue to the center of Oswego street ; thence northerly along the center of Oswego street to the center of Fa- bius street ; thence easterE along the center of Fabius street to the center of Tioga street ; thence northerly along the center of Tioga street to the place of begin- ning, shall constitute the seventeenth ward. Eighteenth Ward. — All that part of said city bounded as follows: Beginning at the intersection of the center lines of Montgomery and Harrison streets, and running thence southerly along the center line of Montgomery street to the center of Burt street ; thence west along the center line of Burt street to the center of South Salina street ; thence southerly along the cen- ter line of South Salina street to the Onondaga Salt Springs Reservation; thence westerly along said reserva- tion line to Onondaga creek ; thence northerly down along the center of the present channel of said creek to the center of West Onondaga street ; thence northea.st- erl}^ along the center line of West Onondaga street to the center of Harrison street ; and thence easterly along THE CITY OF SYRACUSE. 37 the center line of Harrison street to the place of be- ginning, shall constitute the eighteenth ward. Nineteenth Ward. — All that part of the said city bounded as follows: Beginning at the intersection of the center line of Adams and Montgomery streets, and thence running southerly along the easterly line of the eighteenth ward to the south line of the Onondaga Salt Springs Reservation; thence easterly along said reserva- tion line to the east line of lands of the Delaware, Lackawanna and Western railroad ; thence northerly along the easterly line of said railroad lands to the cen- ter of Renwick avenue ; thence northerly along the center line of Renwick avenue to the center of Burt street ; thence west along the center of Burt street to the center of Almond street; thence northerly along the center of Almond street to the center of Adams street ; and thence westerly along the center line of Adams street to the place of beginning, shall constitute the nineteenth ward. § 2. The ward officers in office when this act takes effect shall continue to hold office and represent the wards for which they were respectively elected until the expiration of the full term of office. At the charter election in the year eighteen hundred and ninety-three aldermen, supervisors, school commissioners, constables and inspectors of election shall be elected in the fifteenth, sixteenth, seventeenth, eighteenth and nine- teenth wards. The term of office of the aldermen and school commissioners elected for the sixteenth and rgth Ward. Ward officers, terms and election of. 38 REVISED CHARTER OF eighteenth wards at such election shall be one year, and thereafter the term of office of the aldermen elected for such wards shall be two years. TITLE 11. OFi^ICERS ELECTED AND CITY ELECTIONS. City officers. SECTION 5. * The officers of the city to be elected by How elected. general ticket shall be the mayor, the police justice, four assessors, six justices of the peace and one over- seer of the poor.t Of such six justices of the peace, one, and one only, shall reside and keep his office in • the first ward, one shall keep his office in the third ward, one and one only shall reside and keep his office in the ninth or tenth ward, and one, and one only, shall reside and keep his office in the eleventh ward. Ward officers. §6. JTlie electors of each ward shall also elect one alderman, one supervisor and one constable ; and the electors of each election district shall also elect in the manner prescribed by law, three inspectors of election. Such ward officers and inspectors of election shall be elected on the day of the general city election. Eligibility to §7- tSuBDivivSiON I. No persoii shall be eligible to any office mentioned in section five, unless he shall be, at the time, a resident elector of the city ; nor shall any person be eligible to any office mentioned in section six, unless he shall be, at the time, a resident elector of the ward or district in which he shall be elected. *As amended by chapter 368 of the Laws of 1887. •[Repealed by chapter 342 of the Laws of 1892. [As amended by chap. 131 of the Laws of 1893. THE CITY OF SYRACUSE. 39 2. There shall also be elected on the day of the gen- School com- missioner. eral city election, in each ward where a vacancy of such officer shall have occurred or where the term of office of such officer shall then expire, one commisioner of common schools. 3. No person shall be deemed to be ineligible to ^omen uf serve as commissioner of common schools by reason of sex who has the other qualifications now required by law. 4. All persons, without regard to sex, who are elig- Qualification of voters. ible to the office of commissioner of common schools and have the other qualifications now required by law, shall have the right to vote for commissioner of com- mon schools in the various wards of the city. 5. All persons so entitled to vote for commissioner of common schools shall be registered, as provided by law for those who vote for city officers ; and whenever Registration, commissioners of common schools are to be elected at the ensuing election it shall be the duty of the city clerk to prepare a ballot to be used exclusively by those who, by reason of sex, can only vote for commission- ers of common schools. vSaid ballot shall be substan- tially in size and appearance like the other ballots pro- vided by law, with the additional indorsement “ school Ballots for use of women. commissioner” and distributed to the several polling places in the same manner. § 6. It shall be the duty of inspectors of election to Duty of in- . , 1-11 r 1 spectors of give to such persons as are only entitled to vote tor the election, office of commissioner of common schools such ballots 40 REVISED CHARTER OF Separate ballots. Number of voters in district, ascer- tainment of. Annual election. Polling places. Notice of election. as contain the names only of candidates for that office, and to deposit the ballot selected by such persons in the ballot-box wherein other ballots are placed pro- vided such persons are properly registered and who shall have selected their ballots in the same manner and form as is required of those who vote for other ward officers; and no ballot then voted by persons only entitled to vote for commissioner of common schools shall be counted in case it is found to contain, when canvassed, the name of any person for any other office than that of commissioner of common schools. All ballots furnished by the city clerk for the use of those persons who can only vote for commissioner of common schools, shall be separate and distinct from the other ballots, and given only to those who are not privileged to vote for any other officer. § 7. In ascertaining the number of those who have a right to vote in any one polling district for the pur- pose of determining whether such district has more than three hundred voters, it shall not be necessary to count those who, by reason of sex are denied the right to vote only for the office of commissioner of common schools. §8. The annual city election shall be held on the third Tuesda}^ in February, in each year, and the polls of election in each election district of the city shall be held at such places as the common council shall appoint. Six days previous notice of such election shall be given by the clerk of said city, by posting printed or written notices in three public places in each ward, .signed by THE CITY OF SYRACUSE. 41 the mayor and clerk, and by publishing the same in at least two of the daily newspapers printed in the city for one week next preceding such election. The polls opening and of such election shall be open at eight o’clock in the morning and continue open until five o’clock in the afternoon of the same day, and no longer. § Q. The electors shall vote by ballot. Each person Ballots, how ^ ^ delivered. offering to vote shall deliver his ballot so folded as to con- ceal its contents to one of the inspectors in the presence of the board. The ballot shall be a white paper ticket. Ballots and . . . , . contents. which shall contain written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen ; but no ballot shall contain a greater number of names of persons as designated to any office than there are persons to be chosen at the election to fill .such office. The word “ city ” shall be indor.sed on .... , .. the outer side of each ballot, containing the names of officers mentioned in .section five of this title, and the word “ ward ” upon the outer side of each ballot, con- i^vard ticket taining the names of officers mentioned in .section .six of this title. Such ballots shall be deposited in separate boxes ; but no ballot found in the proper box shall be bo^es rejected for want of such indorsement. § 10. Every person who shall have been a citizen Qualification for ten days, an inhabitant of this State for one year, resident of the county of Onondaga four months, and of the city of vSyracuse thirty days last preceding any 42 REVISED CHARTER OF For city officers. For ward officers. Provisions of general elec- tion law. Canvass of votes. Statement of result. How filed. Common Council to can- vass returns. election for city officers, shall be entitled to vote for any or all of the officers to be elected by general ballot ; and any such person, who shall for the last thirty days have been a resident of the ward or election district in which he shall offer his vote, shall be entitled to vote in said ward or election district, and not elsewhere, for any or all of the officers to be chosen at such election for such ward or district. §11. The provisions of law in respect to elections for the State and county officers shall apply to elec- tions of officers under this act, as far as the same are applicable. § 12. Immediately after the polls of any election shall have closed and on the same day the inspectors holding the election in each ward or election district shall canvass the votes given at such election ; after thus canvassing the votes, they shall make a state- ment in writing, which shall be signed by them, or a majority of them, determining and certifying the num- ber of votes cast at such election, for each person voted for thereat, for city and ward officers, which statement shall immediately thereafter be delivered by said in- spectors to the city clerk. § 13. The clerk shall deliver such statement and certificates to the common council at their next meet- ing, which shall be on the next Thursday after the annual election in each year, and they, shall, upon such statement and certificates, declare and determine what persons have been duly elected to the respective offices THE CITY OF SYRACUSE. 43 voted for at such election ; the persons having the greatest number of votes for the respective offices to be filled by general ticket for the whole city, and those having the greatest number of votes for the offices to be filled by the electors of the several election districts Declaration of or wards, shall be declared duly elected. rebuit. ^ 14. If at any election authorized by this act, the Tie vote. ma)^or, police justice, justice of the peace, supervisor or alderman shall not have been chosen by reason of two or more candidates having received an equal num- ber of votes for the same office, a special election shall Special ’ election, be ordered by the common council within five days after such election ; and the common council shall cause such notice as is required for a general city elec- ^^tice. tion to be posted and published for at least five days previous to such special election. The provisions of law in respect to the annual election, as far as the same are applicable, shall apply to such special election. Vacancies in the office of supervisor or alderman, shall be filled by special election to be ordered by the com- mon council in the same manner as provided in this section ; all other vacancies not otherwise provided for by law shall be filled by the common council, by ap- pointment by ballot, except in cases where the office was originally filled by appointment of the mayor, in which case the vacancy shall be filled by the mayor’s appointment. All vacancies filled by election or ap- pointment shall be for the balance of the un’expired term . 44 REVISED CHARTER OF Appointive city officers. Officers ap- pointed by the Mayor. Appointments by the Com- rrion Council. Term of office. Officers hold- ing over. TITLE III. OFFICERS APPOINTED AND MODE OF APPOINTMENT. § 15.* The officers of the city, to be appointed, shall be a president of the council, a city clerk, a city treas- urer, a commissioner of public works, a city engineer, a corporation counsel, a mayor’s clerk, an examiner of weights and measures, a weigher of hay, two hundred and fifty commissioners of deeds and such sextons, pound-keepers and other subordinate officers as the council shall by resolution declare to be necessary, which resolution shall state the term of office, not exceeding one year, and the duties to be performed by such subordinate officers respectively. § i6.t The mayor shall appoint the commissioner of public works, the city engineer, the corporation counsel, and the mayor’s clerk ; the others shall be appointed by the common council by ballot. §17.* The city clerk and city treasurer shall be appointed for a term of three years. The corporation counsel and commissioner of public works for a term of two years, and all other appointed officers for a term of oiie year, except as provided in section fifteen of the act hereby amended. All officers designated and created by this act shall respectively hold over and perform the duties of their several offices until their successors shall qualify. *As amended by chap. 475 ot 1889. Also chap. 020 ot Laws of 1892. f As amended by chap. 475 of Laws of 1889. THE CITY OF SYRACUSE. 45 TITLE IV. POWERS OF THE COMMON COUNCIL. § 1 8. The legislative powers of the city of Syracuse Legislative powers. shall be vested in the common council. The aldermen of said city, when assembled, or a quorum thereof, shall constitute the common council ; and in the pro- ceedings thereof each member present shall have a vote. A majority of the aldermen elected shall consti- Quorum, tute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members. § 19.* The common council shall meet annually on Annual meet- ing time and the first Monday after the annual election at eight o’clock in the afternoon at the city hall, or council- room for the time being ; and at such other times as they, by resolution, shall designate. At such first :\[ay make ap- . poihtments. meeting, the mayor, and the common council may make their respective appointments of officers. ^ 20.t Every rule, by-law, ordinance, resolution or vote required . to tran.saet regulation of the common council, before it takes effect, business, shall receive the affirmative vote of a majority of all the members elected to the common council, and, excepting i^-^^eption. rules for their own government, and appointing officers, shall be presented duly certified by the city clerk to the -^layor’s veto, mayor; if he approves it he shall sign it. In which case it shall take effect immediately thereafter, unless otherwise provided therein ; if he does not approve it, *As amended by chap. 626 of Laws of 1892. f As amended by chap. 449 of the Laws of 1888. 46 REVISED CHARTER OF Time in which he shall retum it with his objections to the city clerk within ten days after he shall have received it. The Consideration conimon couiicil shall then proceed to reconsider the of veto and vote necessary same, and if two-thirds of all the members elected to defeat. shall vote to pass the same, it shall take effect in like manner as if he had signed it. In every such case Vote to be recorded. the vote .shall be taken by ayes and nays and entered ‘ on the minutes, and the objections of the mayor shall ■tJ^be^ recorded also be entered at length by the clerk with the other in full. proceedings. EiTectincase If sucli ordinance, by-law, rule, resolution or regula- Mayor does not^sign nor tion shall not be returned by the mayor within ten days after he received it, it shall thereupon take effect in like manner as if he had signed it. Mayor may § 21."^ The luayor may object to one or more of the veto part of or bms and^^*^ items appropriating money of the annual budget while accounts. approving the other items thereof. And, in like manner, when any resolution of the common council provides for the payment of two or more bills or accounts, he may object to any one or more of them while approving the others. In any such case he shall append to the resolution, at the time of signing it, a statement of the item or items to which he objects, and the item or items so objected to shall not take effect except as hereinafter provided. The mayor shall transmit to the common council a copy of such state- ment, and the items objected to by him shall be S^such^vtti?” separately considered. If, on such reconsideration, *As amended by chap. 368 of the Laws of 1887. THE CITY OF SYRACUSE. 47 one or more of such items be approved by two- thirds of all the members elected to such common council, the same shall take effect, notwithstanding the objections of the mayor. § 22. In addition to the powers conferred by this act, the common council of said city shall have power to make, establish, publish, modify, ordain, amend or repeal ordinances, rules, regulations and by-laws for the following purposes : — ■ 1. To manage and regulate the finances, and to Finances and ^ ^ city property. regulate, preserve and dispose of the real and personal property of the city. 2. To light the streets and public buildings of the street lighting and water city, and to supply the city with water. supply. 3. "^ To prescribe the terms and conditions upon Powers of Council. which license shall be granted ; to license, regulate and Licenses, restrain traffic and sales in the streets, highways, roads Sidljaies. ° and public places ; to regulate, tax and license auction- Auctioneers, etc. eers, and the sale of goods at auction, and the vending and selling of goods within the city by non-residents thereof ; to license and regulate milk dealers and milk Milk dealers and peddlers. peddlers, and the vending and sale of milk within the city limits, and provide for, regulate and enforce the visitation and inspection of all dairies, dairy farms and inspections of dairies, etc. milk depots where such milk is produced, or from which it is obtained, the cows and other live stock, *As amended by chap. 475 of Laws of i88g which was amended by chap. 531 of Laws of 1893. 48 REVISED CHARTER OF food, water, water supply, stables, houses, barns, cel- lars, milk houses, buildings, cans, pails, coolers and other utensils used therein or pertaining thereto, whether the same be within the city limits or not. Use of streets. ^ ^ regulate the use of streets, highways, roads and public places by foot passengers, vehicles, street Rail Roads, cars, railways and locomotives ; to prohibit or regulate the use of locomotive engines and of steam, and to reg- ulate other motive power and speed, on any portion of any railroad within the city ; to require any railroad company to keep a flagman or gates at each railroad Inspectiun of . ^ ^ ^ ' steam engines crossing of a public street ; to provide for the inspec- tion of steam engines and boilers, used in the city, and to prohibit the use of unsafe ones ; to prohibit any per- son who has not been duly licensed under such regu- lations as the common council may prescribe, from run- ning any steam engine, stationary or otherwise, in the city except the engineers of duly incorported steam railroads, and engineers duly authorized by the author- ities of the United States, to classify such engineers and to provide for the appointment, by the mayor, of such inspectors, examiners and employees as may be required to carry out such ordinance ; any inspector appointed under the provisions of this subdivision shall be a practical boiler-maker, and shall hold office for one Remoyai of year uiiless sooiiei' removed for cause, to require that electrical con- ^ from^overhead telegraph, telephone or electric light wires or cables, or in streets. other appliances for conducting electricity, except trolly and feed wires, poles and fixtures used in operating *As amended by chap 531 of Laws of 1893. THE CITY OF SYRACUSE. 49 street railroads, and the poles thereof heretofore erected in any street, alley or public ground within a radius of one-half mile from the swing-bridge in Salina street be removed from overhead in such street, alley or pub- lic ground, or any part thereof, within reasonable time, not less than three months after the enactment of such ordinance ; and a compliance with such ordinance in respect to the removal of poles, wires, cables and other appliances for conducting electricity from such streets, alleys, and public grounds, may be enforced by man- damus by any court of competent jurisdiction upon the application of the city as relator. No company, cor- Placing of same in con- poration or individual shall place its wires and elec- under ^ ^ ground. trical conductors in conduits under the surface of the streets, alleys or public grounds in such manner as to unnecessarily interfere with the use of such street, alley, or public grounds, or local improvements of any character or with the sewers or water, or gas mains or branches thereof, nor without first obtaining the con- sent of the common council, subject to such regula- tions and restrictions as the common council may by ordinance make, or impose, in respect thereto, for the benefit of the public, the city or its citizens, and under the direction and supervision of the commis- sioner of public works; provided, however, that noth- ing herein contained shall be construed as authorizing the common council to require that any particular patent or appliance shall be used in the construction of the conduits hereinbefore provided for. And any com- Removal or . alteration of pany, corporation or individual so placing its wires 4 50 REVISED CHARTER OF Erection of poles, wires, etc. Proviso as to grants made. TJse of walks and building fronts. Encroach- ments in streets, etc. underground in any street, alley or public ground of said city, shall, upon notice from the city, or any of its departments that a local improvement or sewer or water main, or branch thereof, is to be constructed in such manner as will necessitate the moving or altering of the conduit or conduits, by said individual, com- pany or corporation, move or alter the same at its own expense so as to permit the construction of the im- provement where ordered, and should any person, company or corporation omit to comply with such no- tice, the conduit or conduits may be altered or moved by the city, and the cost and expense thereof recov- ered from such individual, company or corporation. To regulate the erection of telegraph, electric-light and telephone poles, wires, cables and other electrical con- ductors, and to require that such wires, cables and other electrical conductors within the radius of one- half mile from the swing bridge in Salina street be placed underground, subject to such restrictions and regulations as it may make by general ordinance, but * nothing in this section contained shall alfect any grant or consent heretofore made or given pursuant to gen- eral laws, as to any matter provided for in and by such grant or consent. 5. To regulate the use of sidewalks, buildiug fronts and house fronts within stoop lines. 6. To prevent encroachments upon and obstructions to the streets, highways, roads and public places within the city. THE CITY OF SYRACUSE. 51 7. To regulate the opening of street surfaces, the opening of street surface. laying of gas and water mains, the building, repairing and cleaning of sewers, and the erection of gas or other lamp-posts or devices for lighting the streets. 8. In relation to the management, construction, care use of markets and use of markets, docks, wharves, piers, slips, pi^^ces^^^^'' squares, city parks and other public property of the city. 9. To provide for and to regulate the opening, opg^ing and widening, narrowing and extending of streets, lanes, streets, alleys and courts, and also to provide for the grading, paving, regrading, re-paving and repairing of the same. lo."^ To regulate the numbering of the houses. Numbering of 1 , ,, . houses, etc. buildings and lots on the streets, avenues, alleys and public places in the city, and the naming of the streets, avenues, lanes, alleys, courts and public places therein. To purchase and place suitable signs for names of streets and numbers of buildings, and to assess the expense of such numbering upon the property benefited cost of num- • 1 1 • bering ; how thereby, and to collect the .same with the next city tax. paid. II. To regulate and prevent the throwing or deposit- Depositing ing of ashes, offal, dirt, or garbage in the streets, alleys, m"pub1fc places. lanes and public places, and in the drains, sewers and vaults. 12. t To license, tax, regulate or prohibit animals Dogs and ani- running at large or being driven, led or ridden through *As amended by chap. 368 of Laws of 1887, and chap. ^149 of Laws of 1888, fAs amended by chap. 531 of Laws of 1893. 52 REVISED CHARTER OF Registration of dogs. Cleaning of public places. Signs, awn- ings, hitching posts, etc. Pavements, side walks, etc. Water, gas, sewer, etc. ; connections. Slaughter houses and unwholesome places. the city; to license and tax dogs, and regulate and prohibit the owning or harboring of the same, and to compel the registration thereof, and to require that each such dog so licensed and registered shall wear at all times a collar marked in such manner as the common council may designate. 13. To regulate the cleaning of the streets, alleys, lanes and public places, and the sidewalks and gutters therein ; and the removing of ice, hail and snow therefrom. 14. To regulate the use of streets and sidewalks for signs, sign-posts, awnings, awning-posts, hitching- posts, horse troughs, horse blocks and public fountains. 15. "^ To provide for and regulate street pavements, crosswalks, curbstones, gutter stones and sidewalks, and to designate and determine the kind and quality of materials for the same ; to regulate and compel the making of the proper connections between the premises abutting on any street, or part of a street, and any water or gas main or sewer or electrical conduit therein. 1 6 . To regulate the location and erection of slaughter houses and abattoirs within the city ; to locate, regulate and remove butchers’ stalls, fertilizer factories, soap factories, fish stands, livery stables, tanneries, and unwholesome and noisome buildings or places, and to compel the cleaning of the same whenever necessary ; *As amended by chap. 531 of Laws of 1893. THE CITY OF SYRACUSE. 53 to regulate and prohibit the construction of private or public sewers, sinks and privies ; to prevent the sale ice. for domestic use of ice frozen from dirty or impure water ; to prevent the adulteration of any article used Adulteration of food, etc. for food or drink, and provide for the inspection thereof. 17. To regulate and adopt all legal and necessary Collection of measures for levying and collecting taxes and assessments. 18. To limit and define the duties which are by this Define official duties. act required to be performed by the several officers of the city ; to prescribe such other or further duties to be performed by them or any of them as the common council may deem proper ; to regulate the relations Reg:uiate offi- cial relations. between the officers of the city in respect to each other, the corporation and the public ; and to fix the amount compensa- tion not other- of their compensation where the same is not otherwise piovided provided for by law or this act. 19. To restrain and punish street beggars, vagrants He^jrars and . vagrants. and mendicants. 20. In relation to the exhibition of advertisements Advertise- ment. s. or hand-bills around the streets, whether on horseback, in vehicles or on the sidewalk, and also in regard to itinerant peddlers, quack medicine venders and other Peddlers and hawkers in the public streets or highways of the city. 21.* To license, regulate or prohibit theatrical or Authority opera performances, concerts, acrobatic, circus or other exhibiuons. *As amended by chap. 531 of Laws of 1893. I 54 REVISED CHARTER OF exhibition of common showmen, public billiard rooms or bowling alleys, the advertising of curiosities or feats of legerdemain and necromancy. Intoxication 22. In relation to intoxication, fighting, quarreling, or disturbance ^ ^ ^ in the streets, ^nd the use of blasphemous, obscene, or repulsive and vulgar language in the streets. Fireworks. 23. In relation to the use of guns, pistols, fire-arms, fire-crackers, fire-works and detonating works of all descriptions within the city. Gunpowder 24 .* In relation to keeping and storing of gunpowder, and other explosives guiicotton, blasting powder and all other dangerous and explosive materials, and to provide for the inspec- tion, forfeiture or destruction of the same. Public health. Safety of houses. Phosphate manufacture. Manure. 25. In relation to the public health, the prevention and removal of nuisances, the regulation of interments, the safety and comfort of tenement-houses, the business of bone-boiling, bone-grinding or phosphate manufac- turers, and all occupations and business noxious to health or comfort, and the removal, keeping and deposit of manure. Vaults, drains, etc. 26. In relation to the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps and drains. Disorderly and gaming houses. Horse racing, etc. 27. To suppress and restrain disorderly houses, houses of ill- fame, gaming-tables, ball alleys, the playing of cards or games of chance, pool playing by minors, horse racing, immoderate driving and the *As amended by chap. 531 of Laws of 1893. THE CITY OF SYRACUSE. 55 destruction of all instruments and devices gaming. employed in Destruction of gaming devices. 28. In relation to partition fences and walls. Walls and fences. 29. In relation to emergencies of riot, pestilences or Riots, etc. invasion. 30.* To license and regulate boatmen, cartmen, To license owners and draymen, expressmen, hackmen, baggagemen, cabmen, drivers of ^ liverymen and owners and drivers of all vehicles for the transportation of persons or property for hire and the business conducted by such persons respectively and to fix the rate of compensation to be taken by them, and to require the owners of carriages or other vehicles used for the conveyance or transportation of persons or property for hire, to mark such vehicles in Numbering of such manner as the common council shall designate ; to license and regulate physicians, surgeons, dentists, physicians, faith cures, midwives, pharmacists, massagists and magnetic etc. healers ; to license, regulate or prohibit so-called Christian scientists and faith curers and clairvoyants and the practice of their so-called science or art ; to license and regulate plumbers, peddlers, hawkers, butchers, junk dealers and keepers of intelligence offices, and the business conducted by such persons respectively ; to license and regulate pawnbrokers and „ ^ , ’ o 1 Pawn brokers, the business of pawnbrokerage ; and to fix the rates to be charged by pawnbrokers in their business ; and any person, corporation, member or members of a copartner- ship or firm who loans money on deposit, or pledge of *As amended by chap. 531 of Laws of 1893. 56 REVISED CHARTER OF Inspection of weights and measures. City elections. Peace and order. Collection of penalties imposed. Exercising power con- ferred by charter. Sale of farm products. ■ Fees for weighing, etc. Public markets. personal property, or other valuable thing other than securities, or printed or written, or partly printed and partly written evidences of indebtedness, or who deals in the purchase of personal property or other valuable thing, on condition of selling the same back again at a stipulated price, is hereby declared and defined to be a pawnbroker. 31. In relation to the inspection of and sealing of weights and measures and enforcing the keeping and use of proper weights and measures within the city. 32. In relation to the notification, regulation and protection of all elections for city officers. 33. In relation to peace and good order. 34. In relation to the mode and manner of suing for, collecting and disposing of the penalties provided for the violation of the ordinances of the city. 35. In relation to carrying into effect and enforcing any of the powers, privileges and rights at any time granted or bestowed upon, or possessed by the said^ corporation. 36. To regulate the sale and place of sale of wood, hay, straw, grain, lumber, lime and all other marketa- ble articles from wagons, sleighs and other vehicles, and to fix the fees for weighing, selling or measuring the same. 37. To regulate and designate public places or mar- kets for the sale of fresh meats, fish, fruit, poultry, but- THE CITY OF SYRACUSE. 57 ter, cheese, eggs, honey, vegetables, game, birds and other articles usually disposed of fn and the fees for market privileges. other articles usually disposed of from farmers’ wagons. Fees for occupancy. 38. "^ To license and regulate forestallers, scalpers. Ticket scalp- ers, forestall- dealers in tickets to places of amusement, or tickets of ers, etc. railroad or other transportation companies, and persons who make a business of buying in whole or in part from farmers, and selling the article so bought at ad- vanced prices, and the hours during the day they will Hours to pur- chase and sell. be permitted to purchase and sell. 39. To regulate or prohibit swimming or bathing Bathing, in the waters in or surrounding the city, and to estab- lish and regulate public baths or bathing places. 40. To regulate or prohibit the ringing and tolling Beiis, horns, of bells ; blowing of horns and whistles ; flying of kites ; crying of goods and at auction or sale ; the im- Auction sales, pounding of cattle, horses, sheep, swine, geese, and impounding stray animals, the sale of same lor penalties and costs ; and to pass hogs, etc. ordinances in relation to dogs and their destruction, if so ordered. 41. To regulate and carry into effect all rules for the cemeteries, care and protection of the cemeteries in the city. 42. To regulate the burial of the dead ; purchase of interment of land for public burial places ; the keeping of proper form of vital statistics ; to regulate fees for graves ; statistics sales of lots ; the duties and qualifications of sextons ; the mode of conveying the dead through the streets, *As amended by chap. 531 of Laws of 1893. 58 REVISED CHARTER OF and all other matters connected with cemeteries which they deem proper. Speed of 43.* To Hcense, re8:ulate and control the running of engines, o o carnages, etc. engines, horse cars, street cars, wagons, carriages, bicycles and other vehicles through the city, and the Registration rate of Speed of the same, and to compel the registra- and marking. tion of such vehicles, and the marking of the same as the common council may direct. Hotel porters, 44. To prohibit, regulate or license runners for etc. boats, stages, railroads, hotels, taverns and other houses. Erection and 45 To coutrol and regulate the manner of erecting removal of buildings. brick, stone or other materials for walls of buildings, and the thickness of the same, so as to prohibit or require the removal of any such as they may deem dangerous to life. Demolish 46. To raze or demolish any building or erection, dangerous structures. which by rcason of fire or any other cause may become dangerous to human life or health, or may tend to extend a conflagration. Chimneys, 47. To regulate the construction of chimneys and stores, etc. • the sweeping thereof ; to prevent the setting up or require the removal of stoves, pipes, boilers and ovens Ashes. deemed dangerous ; to prohibit and regulate the deposit Inspection. of aslies ; to authorize any city officer, or any person • designated by them to inspect any place or places to *As amended by chap. 531 of Laws of 1893. THE CITY OF SYRACUSE. 59 ascertain whether the same are in safe condition, and if not, to require the same to be made so ; to regulate the Dangerous manufactures. carr^dng on of manufactures, dangerous in causing or promoting fires; to extend and define, from time to pire limits, etc. time, the ground to be included within the fire limits ; to require, to regulate or to permit all such other acts to be done as they may deem proper to prevent the occurrence or to provide for the extinguishment of fires in the city. 48. To prohibit or regulate the erection or construe- Encroachment tion of any stoop, step, platform, bay window, cellar, sidewirks. area, stairs, descent or ascent into any building, or any erection or projection from any building or otherwise in, over or upon any street or sidewalk, or the removal of any house or building over or upon any street or sidewalk, or the removal of any house or building through the streets of the city. Moving build- ings through streets. 49. To direct the digging down, draining or filling piiiing low up of lots whenever the same shall be deemed necessary ^ to prevent injury to the streets, side or crosswalks, or to adjoining property, at the expense of the owners thereof ; to direct the sweeping and cleaning of the streets by the persons owning or occupying the premi- abuufng^prop- - . ^ , ertv owners. ses ironting thereon. 50. To order and regulate the planting, removing, rearing, trimming and preserving of ornamental and shade trees in the streets of the city at the expense of the owners of the property fronting thereon, and also upon the parks and grounds of the city. 6o REVISED CHARTER OF Removal of obstructions, etc. in public places. Oleomarga- rine, etc. Removal of fence or other obstruction in streets. Unsafe walls. Nuisances. Enforce ordi- nances, etc. Require re- ports from officers. 51. To prevent, prohibit and cause the removal of obstructions and incumbrances in and upon all wharves, streets, lanes, public places and sidewalks. 52. To regulate or prohibit the manufacture and sale of oleomargarine, butterine, suine or other substi- tutes of butter made by the natural process. § 23. The common council shall also have power by resolution . — 1. To require any building, fence, or other erection, which is or may be erected, built, or placed within the line of any street or highway in the cit}', to be removed therefrom by the owner or occupant, and in case of his neglect so to remove the same, to cause its removal at the expense of such owner or occupant. 2. To compel the owners or occupants of an}' wall or building within the city which may be in a danger- ous and unsafe condition, to render the same safe, or to take down and remove the same and prohibit such erections. 3. To require the summary removal or abatement of all nuisances, or substances likely to become such, from any street, lot or building. 4. To require the immediate enforcement of any or all of the ordinances and regulations which may from time to time be adopted by the council. 5. To require any officer of the city to furnisli re- ports, information or e.stimates whenever deemed proper by the council THE CITY OF SYRACUSE. 6l 6.* To designate two or more daily newspapers in the city for publishing all proceedings, notices, reso- lutions, ordinances and acts of the common council ; such newspapers shall however be of opposite politics and fairly represent the two principal parties into which the people of the county are divided, and all other departments of the city government for a compensa- tion annually to be fixed by the common council. Such publication shall be made as the common council may direct. y.t To enter into contracts for services or supplies and order the payment of the same ; to borrow money or make temporary loans in anticipation of the geneial tax levy or the collection of taxes levied ; to borrow money or make temporary loans from time to time as may be necessary to make partial payments, or advan- ces to contractors, or contracts for local improvements, and the final payment thereon, in anticipation of the levying, collection or payment of the local assessments made for, or the sale of the bonds issued on account of the local improvements covered by said contracts ; to issue either registered or coupon bonds, to raise the money authorized to be borrowed by this subdivision and fix the terms of payment and rate of interest thereon ; to issue either registered or coupon bonds, under any law heretofore or hereafter enacted, author- izing the issue of bonds by said city, and shall at the recpiest of the holder of any coupon bonds, whether *As amended by chap. 449 of the Laws of 1888. f As amended by chap. 531 of Laws of 1893. Official publications. Opposite politics. Compensation fixed annually bv Council. Council to direct manner of publication. Contracts for supplies. Borrowing- money, or temporary loans. Issue of Vjonds. 62 REVISED CHARTER OF Record of bonds surrendered, etc. Proposals for bonds. Award and sale thereof. heretofore or hereafter issued, cause to be issued and delivered to the said holder, on the delivery and sur- render to the city thereof, registered bonds of equal amount. Such bonds shall be divided into and issued in such amounts as the said holder shall desire, pro- vided that the city shall not be required to issue any bond for a less sum than one thousand dollars, and provided further that the bonds so issued shall be pay- able upon the same terms and at the same time as the bonds for which they are exchanged. The city treas- urer shall keep a record of all bonds surrendered for exchange, and by whom surrendered, and of all bonds issued in exchange therefor, and to whom issued, con- taining the dates, numbers and the amounts of said bonds, and a reference to the laws or resolutions under which they were issued. Whenever the common coun- cil shall cause bonds to be issued for the purpose of raising money the city treasurer shall publish a notice in five successive numbers of each of the official papers, Sundays excepted, stating the amount of bonds to be issued, their rate of interest, and the time of their pay- ment, and that sealed proposals will be received by him until a day specified in the notice, not less than ten days from the first publication thereof, for all or any portion of the bonds issued. Each proposal shall state the amount of the bonds desired, and the price of each one hundred dollars thereof. On the day speci- fied in the notice the city treasurer shall publicly open the proposals and the bonds shall be sold to the person, or persons, whose bids are most favorable to the city, but no bonds shall be sold at less than their par value. THE CITY OF SYRACUSE. 63 The city treasurer may reject any and all bids received. reject Nothing in this subdivision contained shall be con- Proviso as to awarding strued to prevent the common council from awarding any bonds, at their par value, to the city treasurer in trust for any redemption or sinking fund of the city, and as an investment of said redemption or sinking fund without advertising ; to provide generally for the welfare of the city. 8.* To require that the telegraph or telephone or Removal of . , , overhead electric light wires or cables, or other appliances for wires, conducting electricity, and the poles therefor, hereto- fore erected in any street, alley or public ground, be removed from overhead in the street, alley or public ground, or any part thereof within a reasonable time not less than six months after the enactment of such six months notice. ordinances, and a compliance with such ordinance in respect to the removal of poles, wires, cables and other appliances for conducting electrity from the streets, alleys and public grounds, may be enforced by man- damus by any court of competent jurisdiction, upon Removcai the application of the city as relator ; and any com- Uourt. pany or corporation or indivddual may place its wires and electrical conductors in conduits under the surface underground conduits, of the streets, alleys or public grounds in such man- ner as not to unnecessarily interfere with the use ofcoUncuJ^ such streets, or alleys, or public grounds for local im- provements of any character or with the sewers, or water or gas mains or branches thereof subject, how- ever, to such regulations and restrictions as the common *As amended by chap. 368 of the Laws of 1887. 64 REVISED CHARTER OF council may make or impose in respect thereto for the benefit of the public, the city, or its citizens, provided, however, that nothing herein contained shall be con- strued as authorizing the common council to require that any particular patent or appliance shall be used in the constructon of the conduits hereinbefore pro- Condnits must vided for ; and any company or corporation or indi- be removed . . • . when in the vidual SO placing its wires under ground in any street way of sewers, a, <-j or alley or public ground of said cit}^ shall, upon notice from the city or any of its departments that a local im- provement or sewer or water main or branch thereof is to be constructed in such manner as will necessitate the moving or altering of the conduit or conduits of such individual, company or corporation, move or alter the same at its own expense so as to permit the construc- City to remove tion of the improvement where ordered; and should conduits at ^ own^e” s^in^case compaiiy or Corporation omit to comply with such of refusal. j^oticc the coiiduit or conduits may be altered or moved by the city and the costs and expense thereof recov- Erection of ered from such individual, company or corporation ; to poles. regulate the erection of telegraph, electric light and telephone poles, wires, cables or other electrical con- ductors and to require that such wires, cables or other electrical conductors to be placed under ground subject to such restrictions and regulations as it may impose, except as hereinbefore provided. Powers to repeal, make or alter ordinance.s, &c. § 24. The common council shall also have power to make, alter, establish, modify, amend and repeal all such other ordinances, rules, fire and police regula- tions, by-laws and resolutions as they shall deem nec- THE CITY OF SYRACUSE. 65 essary and proper, and which are not in violation of the laws of this State or of the United States. § 25. In any and all ordinances, rules, regulations, penalty, by-laws and resolutions, ordained or adopted by said common council, they may prescribe for every viola- tion thereof such penalty as they may deem proper by a fine not exceeding one hundred dollars, or by im- Not exceeding prisonment in the penitentiary of the county not exceed- fhretunonths ing three months, or by both such fine and imprison- ment. All fines received or collected under the Fines to be paid to provisions of this act shall be paid by the officer receiv- cit^y Treas- ing or collecting the same to the city treasurer. §26.* Every person offending against or violating Misdemeanor, any resolution, ordinance, by-law, rule or regulation, passed, or that may hereafter be passed by said com- mon council, shall be deemed guilty of a misdemeanor. § 27. Printed or written copies of all or any of the Copies of ordi- nances, ordinances, rules, regulations, by-laws and resolutions Ma^? or^city passed by the common council, and of their minutes Sectas"^"^^ 1 1- 1-1 /-I originals. and proceedings, together with any paper on file, may be read in evidence in any court in this State, when attested by the mayor or clerk, under the seal of the city, to the effect that the same are true copies thereof, with the same force and effect as if the originals were produced. • §28. It shall be lawful for the mayor, any alder- Authority to make arrest. man, police commissioner, member of the board of *As amended by chap. 449 of the Laws of 1888. 66 REVISED CHARTER OF health, supervisor, or superintendent of streets, and it shall be the duty of the chief of police, and every policeman and police officer of the city, to arrest, detain and take before the police justice of said city, or officer acting as such, every person whom they or any of them shall find committing a violation of any ordinance, by-law, rule or regulation passed or that may hereafter be passed by the common council of said city. § 29. No motion or resolution or other action of the pievaii. council shall pass unless with the assent of a majority of all the members elected to the common council. Ayes and nays Xhe aycs and nays shall be called and recorded on all to be recorded eSJe^ndit°ureoV niotions and resolutions authorizing the expenditure improvement. collection of moiiey or the making of local improve- ments or repairs. Mayor and Council to act as Commis- sioners of Highways. Authority to open, regulate and repair streets and public places and sewers. To alter and discontinue streets, sewers, side- walks, &c. Authority to remove boats in canal, out- side fire limits. ^ 30.* Subject to the provisions and limitations of this act, the mayor and common council within and for the city of Syracuse shall possess and may exercise the powers of commissioners of highwa3^s in towns, and shall have authority to lay out, make, open, regu- late, repair and improve highways, streets, lanes, alleys, bridges, public grounds, sidewalks, sewers, gut- ters, crosswalks ; and alter, widen, straighten, narrow and discontinue the same as they may deem proper. Within the fire limits of said city, the mayor and com- mon council thereof are hereby authorized, during the portion of every year when the canal is not open for navigation, to regulate and control the occupancy *As amended by chap. 475 of the Laws of 1889. THE CITY OF SYRACUSE. 67 thereof by boats or other structures not in the actual use or service of the State of New York or any officer thereof. § 31. They shall also have power to regulate and Onondaga creek improve the channel of the Onondaga creek, and to'^^^annei. prevent and prohibit encroachments thereon, and to clear out, deepen or improve the channel, and to drain the lands adjacent thereto, and to require obstructions to be removed from the same. Whenever said creek shall be improved or said lands drained, the proceed- ings shall be the same, as near as may be, as in the case of laying out streets, and the common council shall have the same power to enter upon lands for such purposes as in the laying out of streets. The powers Not to conflict ...... . _ , with existing and duties by this section conierred upon the common laws, council in respect to the Onondaga creek shall not be deemed to exclude, limit or modify the powers and duties conferred upon the Onondaga creek commission by existing statutes which shall continue in force. TITLE V. CITY OFFICERS — TIIEIR DUTIES. § 32.* The Mayor. — At the next charter election Mayor, after the passage of this act, and thereafter, the mayor shall be elected and hold his office for the term of two , years. He shall receive an annual salary of twenty- salary, five hundred dollars, which shall be in full compensa- *As amended by chap. 475 of the Laws of i88g. 68 REVISED CHARTER OF Mayor’s office. Hours open. Salary of Mayor’s Clerk. Mayor to sign deeds and contracts. Has power of Justices of the Peace in cer- tain cases. To try com- plaints against any officer of city, and impose fine. May examine books, etc. Statement to Council. tion for all services performed by him. He shall have his office in the city hall, which shall be open daily (Sundays and legal holidays excepted) for the transac- tion of business, from ten o’clock until noon in the forenoon, and from two o’clock until four o’clock in the afternoon. The annual salary of the ma5^or’s clerk shall be fixed by the common council, and shall not exceed eight hundred dollars. § 33. He shall sign all deeds and contracts made and entered into by the city, and caused to be affixed thereto the city seal. In addition to the powders con- ferred by law upon the mayors of cities, he shall possess all the jurisdiction and exercise all the powers and authority of a justice of the peace in actions for the violation of ordinances, laws, resolutions, rules and regulations of the common council and board of health of the city of Syracuse. § 34.* He shall have power summarily to hear, try and determine any complaints against any officer of the city for misconduct, or any neglect of duty, and upon conviction inflict a fine thereupon, not exceeding twen- ty-five dollars, and issue his warrant for the collection thereof. He shall also have power at all times to exam- ine the books, vouchers and papers of any officer or employee of said city, and to summon and examine under oath any person connected therewith. § 35. It shall be his duty to communicate to the common council at the first meeting after his election. *As amended by chap. 626 of Laws of 1892. THE CITY OF SYRACUSE. 69 and oftener if he deem it expedient, a general state- ment of the affairs of the city in relation to its finances, government and improvement, with such recommen- dations as he may deem proper ; to take care that the to see that laws, ordi- laws of the State and the ordinances and regulations of nances, &c., are enforced. the common council and board of health are faithfully executed ; to exercise a constant supervision and con- supervise subordinate trol over the conduct of all subordinate officers, and on officers and to suspend them. being satisfied that any such officer has been guilty of official misconduct or neglect of duty, to suspend such officer until the next meeting of the council, and to perform any and all of the duties imposed upon him by this act, or by resolution, ordinance, regulation or by- laws of the council. It shall be his duty generally to Peace'^and maintain the peace, good order and prosperity of the city. § 36. He shall have power to call out and command Authority over police the police and firemen, whenever in his discretion he and firemen, shall deem it necessary, and such command shall be in all respects obeyed. § 37. He shall have power and may appoint such Appoint special number of special policemen as he may deem necessary policemen, or expedient, and such special policemen shall have authority to make arrests for drunkenness or disorderly conduct or other offenses against peace and good order, com'pen- but such special policemen shall not be entitled to com- pensation by the city of Syracuse for their services. Said special policemen shall be under the control of the under control * , . fY' 1 1 * • • 1 • the police police onicers and police commissioners of the city. department. 70 REVISED CHARTER OF President of Council. Term of office. City Clerk. Term of office Corporate seal and public records. Countersign all licenses. Proceedings of Council. Copies of assessment rolls. Annual report* ^ 38.* President OF the Council.— The president of the council shall be appointed by the common coun- cil at the annual meeting on the first Monday after the charter election in each year or as soon thereafter as practicable, from the number of the aldermen compos- ing said council, and the -term of office shall be one year. He shall preside at all meetings of the common council, and in his absence, a president pro tempore shall be chosen. The term of office of president of the council, appointed in the year eighteen hundred and ninety- two shall expire at the time of the annual meet- ing on the first Monday after the charter election for the year eighteen hundred and ninety- three. § 39. City Clerk. — The city clerk shall be ap- pointed by the common council, and the term of office shall be three years. § 40. He shall in addition to the duties in this act required of him, have charge of the corporate seal, books, papers, documents and official minutes of the city, except as herein otherwise provided. He shall countersign all licenses granted by the mayor, and keep a record of the proceedings of the common coun- cil, and cause to be made copies of asse.ssment- rolls, and perform such other duties as are required by this act or that may be required by the mayor or common council. §41. He shall at the first meeting of the council in April of each year render a full and detailed statement *As amended by chap. 626 of Laws of 1892. THE CITY OF SYRACUSE. 71 of the amount of the funded debt, the amount falling due in installments during the year, the amount of interest due and to become due in said year, the amount, if any, of the floating debt of the city, the resources of the city other than from taxes, and the sums due and to become due on all contracts entered into by the city. § 42. He shall also at the first meeting of the com- statement of expenditures. mon council in each month render a statement of all sums expended during the current year for any and all purposes to the date of such statement, which shall Published monthly. be published monthly with the official proceedings. § 43. He shall draw all warrants on the city treas- Draw all warrants. urer for the payment of moneys legally ordered by the council and approved by the mayor. Such warrants shall be signed by the clerk and countersigned by the mayor, and in such form as may be prescribed by the council He shall provide a book in which shall be provide books, etc. registered every warrant countersigned by the mayor. § 44. It shall be his duty to advertise for and receive Advertise for 1 r 11 1 11 -1 supplies, etc. proposals lor all work to be done, or materials or sup- plies to be furnished the city by contract, and report the same to the common council. § 45 He shall also be, ex-officio, clerk of the board ^lerk of Board of city auditors and of the board of health of said city, and perform such duties incident thereto as may be required by said boards. 72 REVISED CHARTER OF City Engineer. Term of office. Office and office hours. To keep records, maps, etc. To e.stablish grades. To make maps, surveys, estimates and reports, when required by Common Council or Commissioner of Public Works. Services in opening streets, &c. Time devoted to city business. All fees to be paid into city treasury. § 46. City Engineer. — The mayor shall appoint the city engineer, and the term of office shall be one year. He shall keep his office in the city hall, and shall attend there personally each day at certain hours, of which public notice shall be given. He shall keep there a book of records in which he shall enter the sur- vey and map of every street, park, cemetery, avenue or lane, and the grade thereof, and the sidewalk, sew- ers and inlets which are or may be established by the common council. Such book shall be properly indexed by him and transmitted, with all other matters pertain- ing to his office, to his successor. § 47.* He shall, under the general direction of the common council, establish the grades of all streets, avenues, sidewalks, and crosswalks, gutters, sewers and inlets, and shall make and furnish all such maps, measurements, surveys, estimates and reports with reference to all work done or proposed, upon or within the same as the common council or the commissioner of public works may require. He shall render such services as may be provided by law^ or ma}" be directed by the common council, concerning the opening, nar- rowdng, or clo.sing of any street or public place ; and such other services as the common council may direct. He shall devote his time and .services exclusively to the business of the city, and for its benefit. All fees charged or compensation received by him for services rendered for individuals during his term of office shall be paid by him to the city treasurer to the credit of the contingent fund. *As amended by chap. 475 of the Laws of i88g. THE CITY OF SYRACUSE. 73 ^ 48.* Commissioner of Public Works. — The commissioner of Public mayor shall appoint a commissioner of public works, who shall hold office for a term of two years, and until his successor shall be appointed. He shall receive a salary of three thousand five hundred dollars a year, salary, and in addition thereto, the sum of five hundred dol- lars a year for the maintenance of a horse and wagon Maintenance of horse and for the use of himself and deputy, in the discharge w^gon. of their official duties. He may appoint, with the May appoint deputy. approval of the mayor, one deputy, to hold his office Term.' during the pleasure of the commissioner, and who shall perform such services, as the commissioner may direct. The deputy shall receive a salarv of one thous- ^‘Cary of ^ deputy. and two hundred dollars a year. He may also appoint superinten- two superintendents of repairs, who shall each receive l-epai’rs.^ May appoint two. a salary not to exceed eight hundred dollars per year, salaries. The said commis.sioner may employ such laborers and employ teams as he shall deem necessary, to keep the streets, , Clean and squares and public places in proper repair and con- repair streets, cKrc. dition ; to be paid weekly, out of the highway fund of weekly said city by the city treasurer, upon the certificate of waV'fun'd.^^' the said commissioner, stating the time, place, nature and value of the .services rendered by them respectivel)L He shall also report to the common council at each Report at each regular meeting the names of the persons .so employed, Comnmn'^ Council. the length of time of employment, the place or jilaces where employed the nature of the eniplo3mient and the price or prices to be paid therefor. The .said com- employ inissioner may, irom time to time, employ such addi- local work, tional help as may be necessary to .secure the thorough *As amended by chap. 475 of the Laws of 1889. 74 REVISED CHARTER OF Three dollars per day. Report expense of inspection to Common Council. Expense added to cost • of local improve- ments. City Treas- urer to pay inspectors out of moneys received from local assess- ments. Diities. To supervise all ordinary repairs and improvements of street.s, sewers, &c. Lighting streets. Cleaning streets, &c., except other- wise con- tracted. inspection and examination of all work in progress under his supervision which is to be paid for in whole or in part by local assessment ; provided that the cost of such inspection and examination shall not exceed the sum of three dollars per day for each separate job or improvement, during the continuance thereof. The expense of such inspection and examination, at the completion of the work for which the same was fur- nished, together with the name of the inspector and the day of service rendered by him, shall be reported to the common council by the said commissioner and such expense shall be added to and collected as a part of the cost of the work or improvement to which such inspection shall belong. Upon the certificate of the said commissioner the inspectors shall receive their compensation for the services rendered, from the city treasury, out of the moneys received and collected for the improvement to which the same may be properly chargeable. § 49.* DutiEvS of the Commissioner of Public Works : — i. The commissioner of public works shall have the supervision and control of all ordinary repairs of and improvements upon the streets, avenues, alleys, lanes, parks and public places in said city, including sewers, gutters, sidewalks, crosswalks, culverts and bridges maintained by the city ; and of the cleaning and lighting of all such streets, avenues, lanes, parks and public places, sidewalks, crosswalks, culverts and bridges in said city as shall not be included in any con-'^ *As amended by chap. 475 of the Laws of 1889. THE CITY OF SYRACUSE. 75 tract let by authority of the common council for that purpose. It shall be the duty of the said commissioner inspect streets, to inspect from time to time the streets, avenues, -sewers, brid- alleys, lanes, parks, public places, sidewalks, cross- walks, sewers, gutters, culverts and bridges main- tained by the city, and to see that the same are kept free from obstruction and in good condition and repair. He shall also, under direction of the common council. Locate crosswalks. locate and supervise the construction of all crosswalks in the streets of said city, and shall perform such other duties as may from time to time be required by the mayor and common council. He shall have no power to . , . , T . contract any to contract any debt or liability on the part oi said city, liability, ex- cept by order except by resolution of the common council, authoriz- ^ ^ council. ing him to do so. 2. The comniis.sioner of public works shall also have Supervise and control of all the superintendence and control of all work done under p^^biic work. any contract with said city for any local improvement ordered by the common council under the provisions of title nine or title ten of said chapter ; and of all public work to be performed within or upon any of the public streets, avenues, alleys, lanes, parks and public places of said city. He .shall also, under general ordinances Supervise and regulate of the common council, supervise and regulate the lighting of all streets, alleys, avenues and public places, and keep in repair all lamps and other appli- ances, u.sed by the city for such lighting and cau.se the same to be lighted and extinguished ; and shall ports to com- mon council of monthly, and as often as the common council may >'ghting, cleaning and direct, report to that body as to the performance by srix.ei!'&c. Police to report to com- missioner, vio- lations of any contracts. Commissioner to certify to common coun- cil, relative to contract work. Copies of con- tracts, &c., to be furnished b}'' city clerk. To file certifi- cate upon com- pletion of contracts. Eng-ineer to furnish plans, estimates, &c., and make measure- ments, &c. 76 REVISED CHARTER OF any person, company or corporation of any contract with said city for the lighting, cleaning or sprinkling of said streets, avenues, alleys and public places or any . part thereof. The police of said city shall report to him from time to time, as he may require, all viola- tions or failures of performance of any such contract. All work done under any contract with or authorized by the common council of said city shall, before it is accepted, be certified to by the said commissioner of public works, to the effect that such work has been done in a good and substantial manner, with the ma- terials required and of the quality prescribed and in the manner directed in and by the terms of the con- tract, under which the same was done. It shall be the duty of the city clerk, as soon as practicable, after any contract with the city shall have been signed by the contractor, to furnish to the said commissioner of public works a certified copy of the contract, under which the said work is to be done, together with a cop5^ of the resolution or ordinance of the common council, directing the work to be done. It shall be the duty of the said commissioner within ten days after the completion of any such work to file a certifi- cate of such completion with the city clerk, to be re- ported to the common council ; such certificate .shall state in substance that such work has been duly exam- ined by .said commissioner, and that the same has been performed in accordance with the terms of the contract therefor. To facilitate the performance of the dutieSs^ imposed by subdivision two of this section, it shall be the duty of the city engineer, upon request of the .said THE CITY OF SYRACUSE. 77 commissioner, to furnish him with copies of any plans, specifications or estimates, and to make such examina- tions and measurements as he may require and furnish him a written report thereof. It shall be the duty of Common coun- cil to furnish the common council of said city upon the requisition of the commissioner of public works to furnish such materials, tools and implements as he may require from time to time for the performance of his official duties. Upon the appointment of a commissioner of office of superintend- public works under the provisions of this act, the office ^^oiished^^^^ of superintendent of streets of said city shall cease and determine, and all property in the possession of said superintendent belonging to said city shall be delivered by him, with an inventory thereof, to the said com- To give re- ceipt for all missioner who shall give his receipt therefor, to be charge filed in the office of the city clerk of said city, a like delivery shall be made and receipt given and filed upon the appointment of every succeeding commissioner of public works. ^50. PoijCE Justice. — The term of office of the police justice, police justice shall commence on the first day of January next after his election and continue four years. Term of office and the election of police justice to be at tlie next cliarter election, election preceding the expiration of the term of office of the incumbent. § 51. Vacancies in said office may be filled by the Vacancies, how filled. common council on the nomination of the mayor, and the term of office of the person appointed to fill such vacancy shall expire on the last day of December next after the first charter election succeeding such vacancy. 78 REVISED CHARTER OF May hold courts of special sessions. §52. The police justice of said city is hereby em- powered to hold courts of special sessions for the trial of all offenses triable in a court of special sessions, and shall have the powers and jurisdiction conferred upon courts of special sessions by title six, chapter one, sec- tion fifty-six of the Code of Criminal Procedure. Power to try certain offenses. § 53. He shall also have powder to try the following offenses committed within his jurisdiction, namely: all cases of malicious mischief or injury; all offenses against public decency; selling unwholesome provisions; breaches of the peace ; cruelty to animals ; disobeying the commands of police officers to render assistance in criminal cases; all violations of the laws and ordinances Misde- meanors. of the cit}" of S3^racuse, and the board of health thereof, and all offenses of the grade of misdemeanor under the laws of the State of New York. Salary. § 54."^ The salary of the police justice shall be twenty-two hundred dollars per annum, to be paid by the city treasurer upon the warrant of the board of city auditors. Justices of the ^55.t JUSTICES OF THE PEACE. — The Several jus- Term of •office. tices of the peace of the city of Syracuse, now holding office, shall remain in office until the expiration of the terms for which they were respectively elected. The terms of office of justices of the peace shall commence on the first day of January next after their election, and *Note. — See section 131, relative to board of city auditors. \ fOffice abolished and act repealed by chap. 342 of the Laws of 1892. THE CITY OF SYRACUSE. 79 shall continue for four years, except that in case of Common ' *■ council shall vacancy the common council shall appoint until the vacancy, next charter election, and the person then elected shall hold office for the balance of the unexpired term. §56.* They shall possess the powers and perform jurisdiction, the duties of justices of the peace of towns, but shall have no jurisdiction in criminal cases, excepting in bastardy proceedings. In the absence or disability of the police justice, any justice of the peace of said city Justice, may perform his duties upon request and designation of the police justice or of the mayor. This amendment shall not abridge any of the rights, powers or duties of any person elected to or now holding the office of justice of the peace in said city. § 57. Clerk OF Police Justice. — The police iustice cierk ' -V of Police of said city shall appoint a clerk, who shall receive a salary of seventy-five dollars a month to be paid in the Salary, same manner as the salary of the police justice, and Term of office, hold his office for the term of one year, beginning on the first day of January. §58. Before entering upon his duties he shall exe- To give bond, cute and file with the city clerk a bond, with one or more sureties, in the penal sum of one thousand dol- lars, to be approved by the mayor of said city, and Mayor to approve bond. conditioned for the faithful discharge of the duties of his office. *As amended by chap. 368 of the Laws of 1887, and chap 449 of the Laws of 1888, and becomes repealed by chap. 342 of Laws of 1892, (office abolished by this act.) 8o REVISED CHARTER OF Records to be kept by clerk. To receive costs, fines, &c. Deposit of fines, costs, &c. Records and account of moneys to be presented to common council. Corporation counsel. Mayor to appoint. Term of office Duties. To certify to contracts, bonds, deeds, &c. § 59. He shall keep a faithful record of the proceed- dings of the police court and the business pertaining to the office of police justice, which record shall always be open to public inspection, and shall properly file and keep all bonds, papers and documents pertaining to said office. § 60.* He shall also receive all costs, fines, penalties and dues of every description, and he shall pay over to the city treasurer, from day to day, to the credit of the contingent fund, all moneys received by him, and take his receipt therefor. It shall be his duty to present all records kept b}^ him, and all accounts of moneys re- ceived by him, and of any other matters pertaining to his office, to the common council at such times as it may require or prescribe. §61.* Corporation Counsel. — The mayor shall appoint the corporation counsel and the term of his office shall be two years. It shall be his duty to pros- ecute and defend all civil actions and proceedings by and against .said city and every department thereof; and to perform such other professional services relat- ing to the affairs of said city as the mayor may direct. No written contract providing for the payment of two hundred and fifty dollars or more shall be entered into by any officer or department until there shall be in- dorsed thereon a certificate of the corporation counsel to the effect that such contract is in proper form and is duly authorized ; nor shall any contract, bond, deed. *As amended by chap. 475 of the Laws of i88g. THE CITY OF SYRACUSE. 8l or obligation, be accepted on behalf of said city or any officer or department thereof, until his certificate is first indorsed thereon to the effect that the same is in proper form and duly executed. He shall receive a salary to Salary, how fixed. be fixed annually by the common council, and shall also be entitled to retain the costs in suits and proceed- To retain costs, &c., re- ings in which the city shall prevail, and which shall be collected from the adverse party. No action shall be commenced by the corporation counsel unless di- Mayor, to direct com- rected by the mayor. The present city attorney, with- out further appointment or qualification, shall continue in office as the corporation counsel until the expiration of the term for which he was appointed. Upon the qualification of any person or corporation counsel, he corporation counsel, to be shall be deemed substituted as attorney in place of his ^^’^^ituted in. predecessor in all suits and proceeding, by or against the city or any department thereof. § 62 * CoMMiSvSiONERS OF DEEDS. — The coiiimon Commissioner of deetls, how council shall have power to appoint two hundred and ^pp^^^Ted. ^ ^ ^ Number. fifty commivssioners of deeds for .said city, to hold their offices for a term of two years, from the thirtieth day of January last, and from time to time fill vacancies and appoint successors for a term of two years. The Vacancies, persons now in office as commissioners of deeds within liiied. and for said city shall be considered a part of the two hundred and fifty commissioners hereby authorized. Such commissioners of deeds, the justices of the peace, power of. the mayor, aldermen, police justice, city treasurer, the corporation counsel and the clerk of said city shall have *As amended by chap. 475 of tlie Laws of 1889, G 82 REVISED CHARTER OF Term of over- seer of poor. Duties and powers. Overseer to appoint assistant. Term of office. Duties of assistant. Salary of overseer. the same power as justices of the peace in the towns and counties of this State, to administer oaths, take and certify proofs and acknowledgments of deeds, mortgages, bonds and other papers, and to take and certify affidavits. §63."^ The Overseer of the Poor and Assist- ant Overseer. — The overseer of the poor of said city shall hold his office for two years, provided that the overseer of the poor elected in the in* the* year eighteen hundred and ninety-three shall hold his office for one year and thereafter the term of said office shall be two years ; he shall possess and exercise all the powers ^and authority of overseers of the poor in the several towns of Onondaga county, and shall be sub- ject to the same duties, obligations and liabilities. He shall also have the same power within his jurisdiction in respect to the settlement of bastardy cases as is now possessed by the superintendent of the poor in the county of Onondaga. § 64.1 The overseer of the poor shall have authority to appoint an assistant overseer, whose term of office shall expire at the end of the term of the overseer of the poor who appointed him. The assistant overseer shall perform such duties as the overseer may direct. § 65.t The salary of the overseer of the poor shall be *As amended by chap. 449 of the Laws of 1888 and chap. 495 of the Laws of 1893. *So in the original. f As amended by chap. 475 of the Laws of 1889. THE CITY OF SYRACUSE. 83 two thousand dollars ; in addition to which he shall be Maintenance of horse, &c, entitled to the sum of four hundred dollars to pay for the maintenance of a horse and wagon. The salary of Salary of assistant. the assistant ovenseer of the poor shall be one thousand three hundred dollars. §66. The overseer of the poor and the assistant Power of over- seer and overseer shall each have power to administer oaths and take affidavits in all matters pertaining to the duties of their office, and to elicit statements of facts from appli- cants for relief ; and any willful false swearing in any affidavit so taken by either of them, or statement made before either of them under oath, shall be perjury and False state- ment perjury. be punished accordingly. §67. City TrkAvSURER. — The city treasurer shall city be appointed by the common council and the term of office shall be three years. Except as herein otherwise Appointment provided he shall continue to perform the duties and exercise the powers already conferred by law, or pre- General ^ > X powers and scribed by this act, and such other duties properly per- taining to his office as the common council may require. § 68. Before entering upon the duties of his office he Bond to be jriven. shall enter into a bond to the city of vSyracuse, in such penal .sum as may be fixed by the common council, with two or more sureties to be approved by the com- sureties, mon council, and conditioned for the faithful discharge common of his duties, which bond, when so approved and in- approve, dorsed by the city clerk, shall be filed in the clerk’s piling of bond, office of the county of Onondaga, where it shall be recorded as required in the case of collectors of towns. Bond to be a lien, &c. Bond for col- lection of taxes levied by board of supervisors. Sureties. Approval of bond. Amount of bond. Conditions of bond. Bond to be delivered in six days. Bond to be recorded. Office of Treasurer. 84 REVISED CHARTER OF Said bond shall be a lien on all the real estate of said treasurer and his sureties in the county of Onondaga, until the conditions thereof, together with all the costs and charges which may accrue upon the prosecution thereof, shall be fully satisfied. § 69.* Before any warrant for the collection of taxes that shall have been issued by the board of supervisors of the county of Onondaga shall be delivered to the said treasurer, he shall execute an additional bond to the board of supervisors of said county with two or more sureties^ to be approved by a majority of the supervisors representing the city of Syracuse, in a penalty double the amount of taxes to be collected in the several wards of said city by such warrant or warrants, conditioned that he shall faithfully collect such taxes and pay over the same according to law; which bond said supervisors shall, within six days after the same shall have been approved b}^ them, deliver to the clerk of the county of Onondaga with such approval endorsed thereon. Such bond shall be duly recorded by the clerk, as in the case of collectors of towns, and shall be a lien upon all the real estate of said treasurer and his sureties in the county of Onondaga, until the conditions thereof, together with all the costs and charges which may accrue upon the prosecution thereof shall be satisfied. § 70. t The office of the treasurer shall be kept at the city hall, or in such place as shall be designated by or- *As amended by chap. 475 of the Laws of 1889. fAs amended by chap. 368 of Laws of 1887. THE CITY OF SYRACUSE. 85 diliance of the common council in case a temporary office hours, removal shall be necessary, and shall be kept open on each day in the year, Sundays and legal holidays ex- cepted, from nine o’clock in the forenoon until three o’clock in the afternoon, and at such other hours as the council may direct from time to time. §71. It shall be the duty of the treasurer, person- ally, to receive all county, city and local taxes and assessments, which may be paid at such office, and to retain there, and not elsewhere, the possession of the warrants and assessment- rolls which may from time to Warrants and assessment time be delivered to him by the supervisors or clerk of the city. § 72. He shall enter daily, in suitable books, all to keep ■ . - , records. sums of money received by him for taxes, or otherwise, with the name of the person or corporation on whose account the same shall be paid, and the ward for which such taxes are received, and shall, at the expiration of each month, exhibit the same in his office to the mayor to exhibit same and finance committee of the common council for in- monthly, spection. He shall also enter in a column in the assess- Entry of payment. meiit-rolls in his possession, opposite the names of the persons or corporation who shall pay their taxes or assessments, the fact of payment, the amount thereof, and the day when paid. He shall also keep a record of all persons and their respective addresses who may pa}^ taxes for non-residents of said city, and the addre.sses Record of r 1 -1 r ^ • 1 non-residents. 01 such non-residents, so lar as he can ascertain the same. 86 REVISED CHARTER OF Board of supervisors to furnish assessintent rolls. Date of such furnishing. Assessment rolls, how signed. Notice of re- ceipt of asse.ss ment rolls, by publication. Final date of payment of taxes. Fees, one per centum. Fees, three per centum. Fees, five per centum. Notice of un- paid taxes. To be given t< every person. § 73. The board of supervisors of the county of Onon- daga shall cause the corrected assessment-rolls of each ward of the city of Syracuse to be delivered to the treasurer of said city, on or before the fifteenth day of December in each year, to which a warrant under the hands and seals of said supervisors, or a majority of them, shall be annexed, commanding said treasurer to collect from the several persons named in the assess- ment rolls the several sums mentioned in the last col- umn, opposite their respective names, and pay over the same in the manner directed in the warrant. § 74. Upon receiving the said assessment-rolls he shall give notice, in the official papers of the city, of the receipt by him of such assessment-rolls and war- rants, and all persons named therein are required to pay their taxes at his office on or before the first day of February next ensuing. For the three weeks fol- lowing the date of such notice any person or corpora- tion may pay his, her, or their county and state taxes upon paying one per centum fees thereon in addition thereto ; after the expiration of three weeks three per centum fees shall be added to the tax and collected by him during the next three weeks, and after the expir- ation of such last-named three weeks, five per centum fees .shall be added to the tax and collected by him. § 75. If any such tax shall remain unpaid on the first day of February, after the deliver}'- of the assess- o ment-rolls and warrants, he shall thereupon cause a written or printed notice to be given to every pensoii, re.sident within the city, from whom such tax may l^e THE CITY OF SYRACUSE. 87 due, specifying the amount and percentage of the tax, and requiring the same to be paid on or before the fif- Final date of payrtient. teenth day of February of the same year at his office. Such notice shall be served on the person assessed, by Notice, how served. depositing the same in the Syracuse post-office, in- closed in envelopes and directed to the person assessed, respectively, at Syracuse, and paying the postage thereon. If any of the persons assessed shall be known Notice to non- ... residents, how by the treasurer to reside in any other place, then no- given. tice shall be directed to such other place. It shall not be necessary to make any other demand of payment of said taxes. §76. From the fifteenth day of February, the fees Fees after 15th February, shall be one per centum per month, in addition to the"'^® five per centum aforesaid, and it then shall be the duty of the treasurer to proceed, without delay, to issue his i^sue warrant 11-1 1 r 1 • unpaid warrant, under- his hand and the seal ot the city, to any taxes, constable or policeman of the cit}" or to as many of To constable, &c. them as he may deem necessary, who may be approved by the council, commanding said officer or officers to levy the tax and fees by distress and sale of the goods Sale for un- paid taxe.s. and chattels of the person or corporation upon whose real or personal property the tax was apportioned, ac- cording to the said assessment and tax-rolls, or of any goods or chattels in his, her or their possession, where- soever the same may be found in the city of Syracuse, or county of Onondaga, and to pay the same to the said treasurer, and return such warrant on or before the Return of warrant. finst day of May in the same year ; and no claim of Exemptions property made to such goods and chattels shall be 88 REVISED CHARTE;R OF Notice of sale of property. How given. Sale to be by auction. Disposition of surplus. Disposition of fees, interest, &c. Assessors. Term of office. available to prevent the sale thereof, except in such cases as are provided for by the general statutes of this State. § 77. The said constable or policeman shall give public notice of the time and place of sale, and of the property to be sold, at least five days previous to the sale, by advertisement to be posted in at least three public places in the ward where such sale shall be made. The sale shall be made by public auction. If the property shall be sold for more than the amount of the tax and fees, and the cost of such distress and sale, the surplus shall be returned to the person en- titled thereto. § 78. All fees, percentages and interest moneys re- ceived by the treasurer of the city. § 79. AsskSvSORS. — There shall conti'nue to be four assessors of said city, and except as in this section provided, the term of office shall be four years. At the next charter election after the passage of this act there shall be elected two assessors, one for the term of two years, and one for the term of three years ; and at the next charter election thereafter, there shall be elected two assessors, one for the term of three years, and one for the term of four years, and thereafter, at each charter election, one asseSvSor elected for the term of four years. § 80.* They shall each receive an annual salary of *As amended by chap. 368 of Laws of 1887, and chap. 475 of the Laws of 1889. Salary. THE CITY OF SYRACUSE. one thousand eight hundred dollars, which shall be in full compensation of all services performed by them, to be paid by the city treasurer from the contingent fund. § 8 1 . They shall perform all the duties and possess all the powers conferred upon assessors in the different towns of the State and be subject to all their obliga- tions; and they shall also perform all the duties speci- follow re- quirementsof fied in this act in reference to the assessment of prop- eSSncfi!^ erty within the city, for the purpose of levying the taxes and local assessments imposed or which may be imposed by the common council. They shall make an Assessment rolls. assessment-roll for each ward. §82. On completing the assessment-rolls, which Completion of Assessment shall be done on or before the first day of August in each year, they shall meet together and leave the To be left in their office. assessment- rolls of the several wards at their office. They shall then give notice by posting hand-lfills and com- publishing in the official papers that the assessment- siven. rolls are completed and left at their office, where the same may be seen and examined by any person for the next twenty days, and that the assessors will attend to re- during the time specified in such notice at their office to review their assessments in the same manner as assessors of towns. If in any case the twentieth day shall fall on Sunda}^ the said assessors shall attend for Extension over Sunday the purpose aforesaid at their office during the follow- ing Monday. Description of ^83"^. In the asse.ssment of any lands in said city, itassiSd. *As amended by chap. 368 of the Laws of 1887. 90 REVISED CHARTER OF Unknown owner. In case of error in name. Reference and official map. Time in which to complete assessment rolls.' Delivery to city clerk. Copy for Supervisors. May correct rolls durinj^ first twenty days. shall be sufficient to state the name of one of the owners of said lands, if the owner or owners be residents of the city, or of the occupants, if the owner or owners be non-residents as aforesaid, the lot and block on which it is situated, if the same be subdivided into lots and blocks, or the number of the lot or farm lot, if not so subdivided into blocks and lots, and designated upon the city map last adopted by the common council, and also the street number of any building thereon ; but if the land be vacant or the building thereon not num- bered, then the name of the street on which it fronts and a brief description of the premises shall be given. In case no inhabited building is on the land and the residence of the owner is unknown, such owner may be designated as unknown. No error in the Christian name of the owner or occupant shall invalidate the assessment. Every assessment- roll shall be considered as referring to the last adopted map unless it is other- wise stated therein. § 84. At the end of twenty days they shall cease to correct and review said rolls, and shall within twenty days thereafter have the same completed and subscribed and delivered to the city clerk, to be filed by him, and a duplicate of the roll of each ward shall be delivered by the clerk to the supervisor of the ward, to be by him delivered to the board of supervisors of the county of Onondaga. During the time the assessors are cor- recting and reviewing any tax or assessment, general or local, they shall have power to add or insert in said tax or assessment- rolls any property liable to THE CITY OF SYRACUSE. 91 assessment, and the assessment thereof which may Error in omis- sion corrected have been omitted from such rolls upon giving personal notice to the owner or agent of such property at least two days prior to adding the same. § 85."^ The common council of said cit}^ shall provide office of for and assign to said assessors a suitable and conveni- ent office in the city of Syracuse, together with the requisite books and stationery, lights and fuel, which office shall be kept open daily, except Sundays and office hours, legal holidays, from ten o’clock in the forenoon to five o’clock in the afternoon, during which time one of said assessors or their clerk, or some competent penson provided by them at their own expense, shall be in attendance. § 86. The books, maps. as.sessment-rolls and papers Hooks, maps, . . . ^c., public pertaining to the office of said as.sessors shall be public records, records, and at all reasonable times be open to public May be seen, inspection in their said office. §87. P'or the purpose of making all asse.ssnients as Lists of correct as possible, it .shall be their duty from time topVopmTy.^^^ time to procure from the county clerk’s office a list of the transfers of the real estate in said cit3^ §88 . Examiner of Weights and Measures. — Examiner of ^ weij^-hts and 1 he common council may annually appoint one exam- ^y iner of weights and measures and prescribe his fees for ciranmm?ry“^' services where the same are not fixed by law. to^prescrXe.^ ’‘'As amended by chap. 368 of the Laws of 1887. 92 REVISED CHARTER OF Hay Weigher. § 89. Hay Weigher. — The commoTi council shall appoint annually appoint a weigher of hay, fix his compensa- annuaiiy. regulate the fees for weighing. Pound keeper. § 90. PouND-KEEPER. — The commoii council may annually appoint pound-keepers for the city pounds. Sextons. § 91- Sextons. — The common council may appoint sextons to have charge of the burial grounds of the city. TITLE VI. WARD OFFICERS — THEIR DUTIES. Aldermen. §92.* Aedermen. — The term of office of aldermen Term of office. « shall be two years, and the aldermen now in office shall hold their offices for the term for which they were respectively elected. At the charter election in the 3^ear eighteen hundred and eighty- eight, there shall be elected an alderman for the term of two years in the second, fourth, sixth, eighth and tenth wards, and at the charter election in the year eighteen hundred and eighty-nine, an alderman for the term of two years in the first, third, fifth, seventh, ninth and eleventh wards ; and thereafter as their terms of office expire, an alderman shall be elected in each ward at the char- ter election for the term of two years. Salary. § 93 - The aldermen of said city shall severally re- ceive an annual salary of two hundred and fifty dollars, which shall be in full compensation for all services performed by them. *As amended by chap. 368 of Laws of 1887. THE CITY OF SYRACUSE. 93 § Q4. Supervisors. — There shall be elected an- Supervisors, nually in each ward one supervisor, who shall be member of the board of supervisors of the county of Onondaga, and shall possess all the powers and author- Powers and ity of supervisors of towns, and be subject to the same obligations, and receive the same compensation. §95. School Commissioners. — The term of office school com- missioner. of the commissioners of common schools shall be two years, and upon the expiration of the term of office of any of the present incumbents, a school commissioner shall be elected for the term of two years. § 96. They shall be voted for on a separate ballot Mow elected, indorsed ‘ ‘ schools, ’ ’ and shall serve without compen- sation. § 97. Constables. — There shall be annually elected constables. How elected, in each ward one constable, who shall perform such number, duties as are by law prescribed to constables in the towns and counties in this State, and wiio shall be en- titled to the same fees therefor; but no such constable Not to e.^ecute criminal shall be compelled to execute any criminal process or do any other criminal business, nor shall such constable Not entitled to compensation be entitled to receive any compensation for .services in for. criminal cases. §98. The constables elected in the .several wards Bond, shall severally execute and file with the city clerk a bond, in a penal sum and with such sureties as the common council shall approve, conditioned for the Approval 'of faithful performance of -their duties, and for the due 94 REVISED CHARTER OF Liability of sureties. Authority of common council. For bonded debt. For school purposes. For fire -department. payment to every person who may be entitled thereto, of all such sums of money as said constables may be- come liable to pay by means of or on account of any execution or other process which shall be delivered to them for execution, service or collection. Such con- stables and their sureties shall be liable on such bonds in the same manner as constables of towns, and their sureties are liable on bonds given by them. TITLE Vn. ASSESSMENT AND COLLECTION OP CITY TAXES- § 99. The common council of the city of Syracuse shall have authority and are hereby empowered to raise by tax upon the property of said city in each year as follows : § 100. For principal and interest on the bonded in- debtedness of the city the actual sum falling due within the ensuing year. § loi. For the purposes and uses of the board of education a sum not less than twice nor more than five times the amount received during the current year from the State for school purposes. § 102.* For the expenses and support of the fire de- partment, including salaries, a sum not exceeding one hundred and ten thousand dollars. *As amended by chap. 368 of the Laws of 1887 and chap 376 of the Laws of 1891. THE CITY OF SYRACUSE. 95 §103.* I. For the expenses of lighting the streets For street and public places of the city a sum not exceeding sev- enty-five thousand dollars. 2. For the expenses and support of the police de- partment a sum not exceeding ninet}' thousand dollars. § 104. For water dues, the sum of twency-six thous- F^r^water and dollars, or such sum as may be awarded by com- missioners duly appointed for that purpose. § 105.1 1. For repairing bridges and sewers, and re- Bridges, sewers and pairing and cleaning streets a sum not exceeding forty- five thousand dollars. 2. To defray the city’s share of local improvements Local iinprove- a sum not exceeding twenty thousand dollars. ments. 3. To defray the expenses of the support, construe- parks, tion, improvement and maintenance of the parks of the city, including salaries, a sum not exceeding twenty thousand dollars. 4. To defray the ordinary and contingent expenses ordinary and . . contingent of the city, including interest on temporary loans, the e.Kpcnses. payment of judgments, and adjustments of claims, the expenses of the board of health, the expenses of the poor department, the expenses of the police court, salaries, and all other miscellaneous expenses, a sum not exceeding one hundred and twenty-five thousand dollars. *As amended by chap, 368 of the Laws of 1887 and chap 475 of the Laws of 1889, and chap. 531 of the Laws of 1893. fAs amended by chap, 376 of the Laws of 1891, and chap. 531 of the Laws of 1893. 96 REVISED CHARTER OF Limitation of tax. Additional in 1893. Bridge over canal at Clin- ton street. Survey for sewerage system. Unexpended balance. Manner of as.sessment of tax levy. § 106.* The aggregate of the annual city tax levy exclusive of local assessments, shall not in any one 3’ear exceed the sum of eight hundred thousand dollars for all purposes ; provided, however, that in the city tax levy for the year eighteen hundred and ninety- three, there may be included in addition to the annual levy provided for by this section, the following named sums for the purposes specified, namely ; To defray the city’s share of the cost of constructing a hoist or swing bridge over the Erie canal at Clinton street, a sum not exceeding seven thousand dollars, any unex- pended balance of said sum over and above one-half the cost of the construction of said bridge to be covered into the city treasury, and be added to and disposed of as a part of the contingent fund. To defray the ex- penses, including salaries, of the completion of the ex- amination and survey for a system of trunk sewerage for said city authorized by chapter three hundred and seventy-six of the laws of eighteen hundred and ninet}’- one, a sum not exceeding three thousand dollars ; and the mayor is hereby authorized to cause such survey and examination to be completed and to appoint suit- able and competent engineers for that purpose; any unexpended balance of said sum remaining after the completion of such examination and survey to be trans- ferred to and disposed of such as a part of the contin- gent fund. § 107. All sums to be raised by general tax in pur- suance of this act shall be assessed and rated upon and *As amended by chap. 376 of the Laws of i8gi, and chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 97 among the owners of real and personal estate, incorpo- rated companies and associations, including salt works and salt manufacturing companies, named in the cor- rected assessment- rolls of the several wards, in propor- tion to the valuation therein stated, in the same man- ner and proportion, as near as may be, as taxes in and for the county of Onondaga are rated and assessed. § 1 08.“* All moneys collected by general tax or Moneys shall ° be applied to otherwise for the expense of the city government, for any specific object or purpose whatever, shall be applied to the payment of such expenses, or for such object or purpose, and no other. It shall not be law- ful to apply any money collected or appropriated for one purpose to any other purpose, and the common Misappropria- tion of money council is forbidden to make any direction or order for 'nis^iemea- nor. such misappropriation ; the mayor approving of, or any alderman voting in favor of, a resolution which shall be adopted making any such illegal appropriation of money, or any elected or appointed officer directing any such illegal act to be done under such resolution, shall be deemed guilty of a misdemeanor, and shall be Penalty, liable, upon conviction thereof, to a fine of one hundred dollars, or not more than ten days’ imprisonment in the county jail, for each and every offense. § 109. Each member of the common council who j^gmbers of shall vote to create any indebtedness or incur any lia- council per- sonally liable. bility beyond what is provided for in this act, or in violation thereof, shall become personally liable for the same to the person in whose favor said indebtedness REVISED CHARTER OF Assessments a lien upon real estate. Tax roll filed with city- clerk. Notice by city clerk. Payment of city taxes without fees. Fees, two per eentum. Fees, four per centum. Fees, six per centum. Fees, .seyen per centum. Unpaid taxes, notice of by treasurer. Notices, how made. shall have been incurred, but the city of Syracuse shall not be liable therefor. §iio. The sum rated and assessed upon the prop- erty of each person, company, corporation and associa- tion respectively in the last column of the tax-roll, when corrected, completed and filed with the city clerk, shall be a lien on the real estate described therein. After the tax-roll for the general tax shall have been filed with the city clerk, he shall deliver the same or true copies thereof to the treasurer. He shall also forthwith cause a notice to be published in the official papers that the same is left with the treasurer for collection. §iii.^ Until the first day [of November thereafter every person, corporation or association may pay his, her, its, or their tax to said treasurer without any addi- tional charges. Twenty days next thereafter succeed- ing, two per centum fees will be collected ; for twenty days next thereafter four per centum fees will be col- lected ; for the succeeding twenty days six per centum fees will be collected, and down to the first day of February thereafter seven per centum will be collected. § 1 12. If any tax shall remain uncollected at the ex- piration of the time last mentioned, the treasurer shall give notice to the person or persons against whom such tax stands charged. The notices shall bear even date, and shall require said person or persons or cor- *As amended by chap. 475 of the Laws of 1889. THE CITY OF SYRACUSE. 99 poration to pay such unpaid tax to said treasurer, at his office, within fifteen days thereafter, with seven per centum fees thereon. Said notice shall be served Notices, how- served. in the same manner and form as notices in the matter of county and state tax, as specified in title five, sec- tion seventy-five of this act, and the provisions with reference to the notice and persons giving the same as specified in said section seventy-five shall to all intents apply to the notice herein specified as far as the same may be applicable. §113. At the expiration of the time mentioned in Additional fees, one per the last section one per centum per month shall be oentnm per ^ ^ month. added to the fees therein prescribed, and then it shall be the duty of the treasurer to proceed with the codec- Collection of unpaid taxes. tion of the city taxes then remaining unpaid in the same manner as provided in title five, sections seventy- six and seventy-seven of this act for the collection of county and state taxes, the conditions and provisions of which sections shall be applicable to the city taxes except as herein otherwise provided. §114. The warrants issued by him to the officers Warrants issued, date named shall bear uniform date, and shall be returnable J-e^firned to him on or before the [first day of May in the same year. In case any of said taxes remain unpaid after the foregoing proceedings shall have been taken, or in case any taxes mentioned in title five of this act remain unpaid, after ^the proceedings mentioned in that title shall have been taken, the list of all the unpaid taxes of unpaid on all the rolls, both city and county, including the assessors. lOO REVISED CHARTER OF rolls for local assessments during the year then next preceding, shall be delivered by the treasurer to the assessors of the city, who made the original assess- ments, and they, or any two of them, shall immediately Correction of review such assessmeuts and correct all errors of every such lists. May insert in lists, property omitted. May add un- paid local assessments. description which may have been made, either in the original assessments or subsequent proceedings, and shall make correct and full descriptions of the several parcels of land. They shall also have power to insert in such revised roll any real estate in the city, which may have been omitted in the original rolls, upon giv- ing notice thereof to the owner or agent of such prop- erty. They may add to said roll with proper corrections any unpaid assessments for local improvements assessed during the then next preceding year. Time to make revision. Notice of completion. Publication of notice. Corrected rolls returned to treasurer. Treasurer to add to. Filing in office of county clerk. § 1 15. They shall complete such revision within ten days, and two or more of said assessors shall subscribe to the same, and shall give public notice that they will meet at the assessor’s office at the end of ten days to be designated b}^ them to hear objections and to correct any errors which may have been made. Such notice shall be given by publishing the same for at least eight days in official papers of the city. They shall, within ten days, complete such correction and sub- scribe the same and deliver the corrected rolls to the treasurer. The treasurer shall add to said rolls the amount of taxes assessed against the several persons or parcels of land, designating the county and state tax separately from the others; and file a certified copy thereof in the clerk’s office of Onondaga county. THE CITY OF SYRACUSE. lOI § 1 16. It shall be the duty of the treasurer of the city Treasurer to keep in office of Syracuse in each year immediately after the cor- tSes^ rected lists of unpaid city taxes shall have been filed by him in the clerk’s office of Onondaga county, as provided by law, to make and retain in his office a copy thereof, adding to each one of such unpaid taxes the sum of twenty-five cents for filing and one dollar Fees, for filing and reasses- for reassessing the same, together with the fees enum- . Fees previous- era ted in sections one hundred and eleven, one him- ly incurred. dred and twelve and one hundred and thirteen of this title. § 117.* The said treasurer shall thereupon proceed Collection of unpaid city and collect all such unpaid taxes as follows ; When- taxes. ever any such tax charged on real eastate in said city, and the interest thereon at the rate of twelve per centum inteiest, 12 per ^ centum per per annum, to be computed from the finst day of Feb- ruary, when such tax was payable, with the fees and expenses mentioned in sections one hundred and eleven, one hundred and twelve, one hundred and thirteen and one hundred and sixteen of this act shall remain unpaid for .six months from said first day of February, including the taxes of any previous year which for any reason were not realized by sale of the real estate charged with such tax on the occasion of any previous annual tax .sale, the treasurer .shall proceed to adverti.se Advertise- ment and .sale. and sell such real estate in the manner hereinafter pro- vided for the payment of such taxes, fees, interest and expenses, and the expense of advertising and selling Expenses, &c. the same, and the expense of any previous advertise- *As amended by chap. 531 of the Laws of 1893. 102 REVISED CHARTER OF Treasurer to publish list of unpaid taxes. Notice of sale. Expense of publication. Sale to be con- tinued. Purchasers, time to settle. To receive certificate. Purchaser in immediate possession. merit of sale of said premises for taxes, where said premises were for any reason not sold, shall be charged on the land sold, and shall be added to and made a part of such tax. § ii8. The said treasurer shall cause to be published at least twice in each week for three weeks in the offi- cial 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 such notice, and the succeeding days, be sold at public auction at the city hall in the city of Syracuse, to pay the taxes, interest, fees and expenses thereon, which may remain unpaid at the time of such sale. The expense of publishing such list and notices shall not exceed the sum of one dollar to each newspaper for each parcel of land so ad- vertised. On the day named in said notice the said treasurer shall commence the sale of said real estate and shall continue such sale from day to day until the whole thereof shall be sold. § 1 19. The purchasers at such sale shall pay the amount of their respective bids to the said treasurer, within forty-eight hours after the sale, and thereupon the said treasurer shall execute to each purchaser a certificate in writing, which shall contain a description of the real estate purchased, the amount paid therefor, the date of the sale, and that the same was sold for unpaid city taxes. Such purchaser and his legal rep- resentative or assigns may immediately upon receiving THE CITY OF SYRACUSE. ^ IO3 such certificate, by virtue thereof and of this act, law- fully possess, hold and enjoy for his and their own proper use and benefit, and the use and benefit of his and their heirs and assigns forever, the real estate de- scribed in said certificate, unless the same shall be redeemed as hereinafter provided ; and he and his heirs and assigns may at any time after the time limited in the next section of this title for the redemption of such premises shall have expired, and the notice therein provided for has been given, and said premises shall not have been redeemed as therein provided, cause the Removal of ^ occupant. occupant of such real estate to be removed therefrom, and the possession thereof to be delivered to him, in the same manner, and by the same proceedings, by and before the same officers, as in the case of a tenant holding over after the expiration of his term, without permission of his landlord. §120. The owner of, or any person interested in Redemption ot property any real estate sold for taxes as aforesaid may redeem taxes, the same at any time within two years after the date of Time, such sale, by paying to said treasurer for the use of the purchaser upon such sale, his heirs and assigns, the sum mentioned in the certificate given to him, and the in- terest thereon at the rate of twelve per centum per interest, 12 per centum per annum, to be calculated from the date of such certifi- cate, except as provided in section one hundred and twenty-two of this title. Notice shall be given by the Notice given by purchaser. purchaser of any real estate sold for taxes under the provisions of this act to the occupant, owner in fee, mortgagee, judgment creditor or purchaser upon any Time of. Expiration of time to redeem. Notice given by purchaser. Description. How served. To non-resi- dents notice shall be published. 104 REVISED CHARTER OF other tax sale of the sarae property, and the heirs or assigns of any or either of them, and the guardian of any infants having an interest therein at least three months before the expiration of the time for redemp- tion fixed by this act, and the time for such redemption shall not be deemed to have expired until three months after such notice shall have been given. § 1 2 1.* Such notice shall be either written or partly written and partly printed and shall state briefly the lot or parcel of land to be redeemed ; the tax, costs, interest and expenses required to be paid upon such redemption, the last day of redemption of any such real estate, and the office or place where the money for such redemption can be paid, which office or place shall be in the city of Syracuse. Such notice shall be served personally or left with some person of suitable age and discretion, at the residence or place of business of any and all persons entitled to such notice, if they or any of them reside in the city of Syracuse, or have a place of business therein ; and in case they, or any of them do not reside, or have a place of business in said city, then such notice shall be deposited, postage paid, in the post-office addressed to them at the post- office at or nearest their known place of residence ; and if the residence or address of any such person or per- sons be not known then such notice shall be published at least once a week for three months prior to the day therein named for redemption 4 n each of the news- papers in which the notice of sale was originally pub- *As amended by chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 105 lislied ; and for the purpose of ascertaining the persons entitled to such notice, the purchaser is hereby author- ized and empowered to procure a proper abstract of title of such premises from the clerk of Onondaga county, extending, if need be, back to the original source of title. The expenses of such abstract, and the Expense of notices. mailing and publishing of such notices shall be added to and become a part of the amount required to be paid for the redemption of such real estate. Such notices shall not be served, nor shall the publication thereof, when required, be commenced within eighteen months after the date of the certificate. notice. § 122. If, upon any such sale, any piece of land be of land sold for more than the amount then due for the tax, amount of tax. fees, interest and expenses, including the expenses of advertising, the certificate delivered to the purchaser shall draw interevSt at the rate aforesaid only upon the No interest on amount more amount so due, and no interest upon any excess over due. such amount. § 123. If such real estate, or any part thereof, be t reasurer to Kive convey- not redeemed as herein provided, the said treasurer shall execute to the purchaser, his heirs or assigns, a convey- ance of the real estate so sold, which conveyance shall vest in the grantee an absolute estate in fee. The .said Treasurer’s fees for same. treasurer shall be entitled to demand and receive from such grantee, for the use of the city, the sum of one dollar for preparing such conveyance. Kvery such Conveyance executed by conveyance shall be executed by said treasurer imder his hand and seal of said city, and the execution acknmvi- thereof shall be acknowledged before a proper officer, ^ o6 REVISED CHARTER OF Conveyance evidence of regularity of sale, &c. Conveyance to be recorded same as deeds, &c. Purchaser pro- tected in case of irregu- larity. Interest on reimburse- ment. Treasurer may enforce collection of taxes. the same as other conveyances of real estate are ac- knowledged under the laws of this State, and such conveyance shall be conclusive evidence that the sale was regular, and also presumptive evidence that all the previous proceedings were regular according to law and the provisions 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 acknowledged or proved before any officer authorized by law to take the proof and acknowledg- ment of deeds. § 124. Whenever any purchaser under such sale, or his heirs or assigns, shall be unable to recover or retain possession of any real estate sold to him by reason of any irregularity or error in the assessment of any per- son or property, or the levying of any tax thereon, or in any proceeding for the collection of any tax, the common council of said city .shall reimburse the pur- chase money so paid, with interest at six per centum from the time of its payment, the amount thereof to be presented and audited as other city charges, and paid by the treasurer of said city. g 125. Whenever any city tax levied and assessed upon any person or property in the city of Syracuse, with the fees, interest and expenses which may by law be added thereto, shall remain unpaid for six months after the warrant for its collection has been placed in the hands of the treasurer of said city, the said treas- urer may maintain an action in his name of office for the amount of such tax, fees and expenses remaining THE CITY OF SYRACUSE. 107 unpaid and uncollected, with interest thereon at the rate of twelve per centum per annum, to be com- interest, 12 per centum per puted from the first day of February, when such was payable, against any person or corporation liable * for such tax, or the representative of such person or corporation, in any court of competent jurisdiction in which the proceedings, costs, judgments and execu- tions shall be the same and with like effect as in ac- tions between other public officers and individuals, and the amount collected by any such suit shall be used and applied by said treasurer in the same manner as though the same had been collected by the sale of real estate. The warrant so delivered to the treasurer shall warrant evidence of. be presumptive evidence that all the previous proceed- ings, including the assessing and levying of the tax, were regular and according to law. Nothing in this to conflict, act contained shall be construed to repeal or abridge any power now had by officers for the collection of taxes in .said city of Syracuse. § 126. All the provisions of this act shall apply to Local assess- ments, and include the collection of all local assessments and to. taxes for local improvements, provided that no sale of real estate for any unpaid local assessments shall be made within one year from the time when the same No sale within one year. became due and payable. § 127. Whenever there is manifest error in copying Error in copy of assessment any assessment-rolls, or in levying and extending any [/^herwlse tax or assessment, the common council may at any . .... - Council may time Within six months after the completion of such correct by two-thirds assessment-roll, by a vote of two-thirds of all the io8 REVISED CHARTER OF Council no power to change valuation. Council may renew warrant. Not exceeding thirty days. Council may reassess in certain cases. Council may refund. Council shall make addi- tional assess- ment for local work. Taxes and assessment cease to be a lien. members elected, correct, cancel, remit or add to the same, but shall have no power to alter any valuation made by the assessors ; nor shall such amended assess- ment, if greater than the original assessment, be a lien on the real estate for the amount added as against purchasers, or mortgagees, in good faith. § 128. The common council may, by a vote of two- thirds, of all the members elected, renew any warrant for local assessments, or city or county tax, once, for a term not exceeding thirty days. § 129. In case any tax or assessment shall be void or have failed for want of jurisdiction, or for any irregu- larity in the levying or assOvSsing thereof, the common council shall have the power, and it shall be their duty, to cause the same to be reassessed in a proper manner ; if any person shall have paid on the former assessment, the same shall be credited, or in case the payment exceed the amount re-assessed, the surplus shall be refunded. In case any amount assessed for local improvements at any time shall be insufficient to defray the expense of such improvement, the common council shall cause to be assessed the amount which the actual expense thereof exceeds the amount first assessed, to be assessed in like manner as other assess- ments of a like nature. § 130. All taxes and asse.ssments on real estate shall cease to be a lien, as against subsequent purchasers, mortgages and other incumbrancers, unless the certi- fied copy mentioned in section one hundred and sixteen THE CITY OF SYRACUSE. IO9 shall be filed in the county clerk’s office within one year after the making of the original assessment-roll, and such lien shall cease as against the same ‘ descrip- tion of persons at the end of five years from the date of filing said certified copies. TITLE VIII. BOARD OF CITY AUDITORS. § 1 3 1.'’' The supervisors elected from the several wards, together with the mayor of the city, shall con- stitute the board of city auditors ; the mayor shall be chairman of said board, ex-officio, and the city clerk shall be ex-officio clerk of said board, but shall receive no extra compensation therefor. The members of said board except the mayor shall receive as full compensa- tion for their services as such, the sum of one hundred dollars each, annually. From and after the fifteenth ceased to exist Dec. 15th, day of December, eighteen hundred and eighty-eight, the said board of city auditors shall cease and determ- ine : and all the powers and duties theretofore vested in, and resting upon said board of city auditors shall be transferred to, and be exercised by the mayor and common council of said city ; and every officer, board or department of said city theretofore required to report to said board of city auditors shall report in like man- ner to the common council. § 132. Except as herein otherwise provided the board Powers and of city auditors shall possess the powers and perform *As amended by chap. 449 of Laws of 1889. I lO REVISED CHARTER OF To have gen- eral manage- ment and control. To constitute a quorum. The paying out of moneys All records and accounts to be pre- sented to the board. Power to make, alter and repeal rules, &c. the duties of town boards in the several towns of the county of Onondaga, as now regulated by the general statutes of this State. § 133. The said board shall have the general man- agement and control of the poor department of said city and of the finances of the police department and board of health ; and they shall have power to borrow money from time to time when necessary for the sup- port of the poor, the maintenance of the police depart- ment, the payment of salaries and the expenses of the board of health, in anticipation of the county tax in each year. Six supervisors shall be necessary to con- stitute a quorum, and in the absence of the mayor the board may select a chairman pro tempore from their own number. § 134. No moneys shall be paid out by said board except by resolution and upon warrants signed by the mayor and clerk, and the ayes and nays shall be called and recorded upon all resolutions authorizing the bor- rowing or the expenditure of money. § 135. It shall be the duty of the board of police commissioners and of the board of health to present all records kept by them respectively, and all accounts of moneys received or disbursed by either of them to said board of city auditors at such times as they may require or prescribe. § 136. The said board shall have power to make, alter, amend and repeal all such rules and regulations as they may deem necessary or proper for the execu- THE CITY OF SYRACUSE. 1 I I tion of the power and the performance of the duties imposed upon them by this act, or by the general statutes of the State. They may prescribe the form of affidavit to be sworn to and annexed to all bills payable by them, and fix the time and manner of auditing and paying accounts and salaries. §137. The expense to be paid b}" the board of city Expenses to be paid by the auditors by and out of the county tax levied and col- board, lected as in this act provided, shall be the expenses of the police department, including salaries, the expense of the police court, including the salaries of the police justice and clerk, the expenses of the poor department, including the salaries of the overseer and assistant overseer, the expenses of the board of health, includ- ing .salaries, and the salaries of the assessors and city auditors. TITLE IX. IvOCAU ASSP:.S.SMKNTvS and improvements. § 138*. The common council of said city .shall have Authority in , , . , coininon coun- jurrsdiction and authority to order the construction and to make local improve- repair of sewers, pavements, gutters and sidewalks and macadamizing of streets, and all other local improve- ments upon any street or part thereof, within .said city, including the sprinkling, grading and repairs of streets, and to provide for and defray the expenses thereof by local assessment. *As amended by chap. 449 of the Laws of 1888. J 12 REVISED CHARTER OF Petitions for local improve- ments. Service of notice upon property- owners. Notices, how served. Notices .shall be served ten days previous to. And shall specify time objection' must be made § 139."^ Before any local improvement shall be under- taken, except for the construction, repair or reconstruc- tion of sidewalks, it shall be necessary for the owners of at least one-third of the total number of front feet, lineal measurement, or at least one-third in number of the owners of the property on the street or part of a street in or upon which the proposed improvement is to be made, to petition, request or consent, in writing, for the making thereof. Upon the receipt of any such petition, i:equest or consent for any local improvement, the common council, if it shall determine to make the improvement asked for, shall cause a printed or writ- ten notice of the proposed improvement to be served on the persons owning property fronting upon the street or part of a street in or upon which such im- provement is proposed to be made ; such notice shall be served upon the owner personally, or by leaving the same at his residence with some person of suitable age and discretion, or by depositing the same in the post- office, properly inclosed, postage paid, and directed to such owner at his last known place of residence. If there be two or more owners of any one piece of prop- erty, service upon any one of them shall be sufficient. § 140. Such notices shall be served at least ten days before the improvement shall be ordered by the com- mon council, and shall specify the time within which any person interested may object to such improvement, which time shall not expire sooner than the next regu- *As amended by chap 475 of the Laws of 1889 and chap. 531 of Laws of 1893. THE CITY OF SYRACUSE. II3 lar meeting of the common council, and that in case no objection is made within the time specified, all persons interested will be deemed to have acquiesced in the proposed improvement. Such objection must Objections must be made be made in writing, delivered to the city clerk. If no writing, objection be made, the common council may, at any regular meeting within two months after the expiration of such ten da.ys, by a majority vote, subject to the mayor’s veto, as in other cases, order the improve- ment to be made ; but if any such objection be made within the time specified, the improvement shall not be ordered except by the vote of two-thirds of all the !)bj*S;t?on^ two- thirds vote members of said common council. required. § 14 1.* Before the common council shall direct the Assessors to certify to service of the notices aforesaid, it shall be the duty of the assessors, or a majority thereof, to examine such petition or consent and certify that the number of owners required by section one hundred and thirty-nine have signed the .same, which certificate shall be in- dorsed upon .said petition and shall be final and con- clusive evidence of that fact. No person signing a Signers of . , petitions, &c., petition, request or consent .shall be counted or con.sid- restricted in withdrawing, ered upon a remon.strance against the improvement petitioned for, requested or consented to by him ; nor be permitted to withdraw his name from such petition, or revoke such request or consent, within three months after the pre.sentation of such petition, reque.st or con- sent to the common council. *As amended by chap. 449 of the Laws of 1888, and chap. 531 of the Laws of 1893. Commissioner of public works to cer- tify comple- tion. Local im- provement bonds. Bonds exe- cuted by may- or and city clerk. Interest not ■exceeding four per centum. Proceeds of sale of bonds, hpw applied. Proceeds of assessments, how applied. I 14 REVISED CHARTER OF § 142. Upon the completion of any local improve- ment, the comissioner of public works shall certify the fact to the common council and the total cost thereof, including the cost of inspection and all other expenses incidental to such improvement. Whenever such total cost shall exceed the sum of one thousand dollars, the common council may, in its discretion, issue local improvement bonds, in amount not exceeding, in the aggregate, four-fifths of such total cost, nor in excess of the amount of such cost remaining unpaid as shall be certified by the city treasurer at the expiration of the sixty days mentioned in section one-hundred and forty-five of said chapter, one-fourth of which shall mature in one year, one-fourth in two years, one-fourth in three years, and one-fourth in four years, from a date not more than ninety days after the date of the certificate of the city treasurer. Such bonds shall be executed by the mayor and city clerk under the corpo- rate seal of said city, and shall be issued at not less than the par value thereof, and shall bear interest at a rate to be approved by the common council, not ex- ceeding four per centum per annum, and shall specify the improvement for which they are issued. The pro- ceeds of the sales of such bonds shall be applied toward the payment cost of such improvement. Such part of the proceeds of the assessment, hereinafter provided for such improvement, as shall be necessary, shall be applied in payment and redemption of the bonds hereby authorized, with interest thereon as provided therein, *As amended by chap. 449 of the Laws of 1888, chap. 475 of the Laws of 1889, and chap. 376 of the Laws of 1891. THE CITY OF SYRACUSE. I 15 as the same shall become due and payable. The sur- Disposition of surplus. plus, if any, shall be credited to the contingent fund. Upon receipt of the certificate of the commissioner of public works above referred to, the common council Council to direct shall direct the total cost of such improvement to be assessment, assessed by the assessors of the city, and it shall be their duty immediately to assess the same upon the property fronting upon the street, in or upon which the improvement has been made, in an equitable man- ner, as near as may be, in proportion to the benefits which each owner of such property may be deemed to derive therefrom, without reference to erection or im- provements thereon. Provided, however, the common council may, during the progress of the work upon any local improvement, upon the certificate of the com- missioner of public works, that a portion thereof has been completed in accordance with the terms of the contract therefor, estimating the value of the part so performed at the contract price therefor, advance to Advances to contractors. the contractor, upon the contract price a sum not ex- ceeding seventy-five per centum of the estimate so given. Such advance payment shall be refunded out of the proceeds of the assessment for such work, or of bonds issued on account thereof. 143. They shall make out an assessment-roll and Manner of assessment. set the amount of the tax assessed in the last column of the roll, opposite the name of the person, corpora- tion, association or property assessed and shall leave the said roll at their office, and thereupon give public Notice of qom- notice in the official papers for one week that such as- liSs^sment. Assessoi's shall hear objections. Correction of assessment. Appeal from assessment. Council to hear appeal. New assessment. Proceedings in new assess- ment by- council. Il6 REVISED CHARTER OF sessnient roll will remain at their office, for the term of ten days from the date of such notice, during which time any -person interested may examine the said roll, and at the expiration of said ten days, and on a day and hour, and at a place to be specified in said notice, the said assessors shall meet and hear any objections 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 city clerk ; whereupon and within one week any party thinking himself aggrieved may file with the clerk a written appeal thereupon, briefly stating the grounds of such appeal. § 144. The common council 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 assessment. In case of affirmance the proceedings thereafter to collect the said assessment shall remain the same as if no appeal had been taken. In case of reversal the common council shall appoint three disinterested freeholders of the city who shall proceed in like manner and for such pur- pose be invested with the same powers as the assessors of the city, commissioners to make a new assessment. They shall make their tax-roll in the same manner and sign the same and file it with the city clerk, which shall be conclusive upon all parties. The common council shall then proceed in the same manner as if no^, appeal had been taken during the ten days aforesaid, cause the proper warrant to be attached and deliver THE CITY OF SYRACUSE. II7 the same to the treasurer. The aforesaid commission- Compensation of commis- ers shall receive three dollars per day for their services, sioners. § 1 45."^ Whenever the assessment-roll for any local Collection of * local improvement shall be left with the treasurer, he shall assessments, receive the taxes thereon for the first ten days without fee ; for ten days thereafter at one per centum fee ; for the next twenty days at three per centum fee, and for the succeeding twenty days at five per centum fee. If any such taxes remain unpaid at the expiration of the .sixty days herein mentioned, the said treasurer shall proceed to collect the same with the fees thereon and interest at the rate of twelve per centum per interest thereon. annum, in the same manner as directed in this act for the collection of county or city taxes by distress and sale. Provided that in any case when the common council shall issue local improvement bonds as author- ptyJb/e^^ five installments. ized by section one hundred and forty-two of said chap- ter as amended, the payment of one fifth of every such tax shall become due and payable at the time or times, and subject to the penalties above prescribed ; one- fifth thereof, with one year’s interest thereon added at the rate of five per centum per annum, shall become due and payably one year thereafter, subject thereafter to the same penalties, and all provisions for the enforce- ment and collection of said assessment ; one-fifth thereof, with two years’ interest thereon added at the rate of five per centum per annum, shall become due and payable two years thereafter, subject thereafter to *As amended by chap. 449 of Laws of 1888, and chap. 376 of the Laws of 1891 . Whole becomes due in case of default. Fees, twelve per centum per annum. Construction of sidewalks and gutters. Council shall declare inten- tion to con- struct sewers. U8 REVISED CHARTER OF the same penalties and provisions ; one-fifth thereof with three years’ interest thereon added at the rate of five per centum per annum, shall become due and pay- able three years thereafter, subject thereafter to the same penalties and provisions; and one-fifth thereof with four years interest thereon added at the rate of five per centum per annum, shall become due and pay- able four years thereafter, subject thereafter to. the same penalties and provisions. In case of any default in payment of any installment within sixty days after the same becomes due and payable as above provided, the whole amount of the tax assessed upon such im- provement against the person or persons so in default, with fees as above prescribed, computed upon such whole amount, shall thereupon become and be due and payable ; and the treasurer shall proceed to collect the same with the fees and interest thereon at the rate of twelve per centum per annum, in the manner above prescribed. § 146. The common council may, in their discretion, order the construction of a sidewalk or gutter, upon one side only of any street or part of street, in which case only the property fronting upon that side of the street so improved shall be deemed the property front- ing upon the street or portion of the street in which the improvement is made. § 147. Whenever the common council shall under- take the construction of a sewer under the provision of this title they shall, prior to ordering the service of notices as pre.scribed in sections one hundred ami THE CITY OF SYRACUSE. II9 thirty-nine and one hundred and forty, by resolu- tion declare their intention to construct such sewer, specifying in the resolution the two points between Must specify ^ size, &c. which it is proposed to construct the same, together with the size thereof, and the materials of which it is to be constructed. §148. The city engineer shall thereupon make a city engineer to make survey and prepare an estimate of the material re- survey and estimates. quired, and also the amount of each kind of excava- tion, together with the total cost of the same, and file such estimate with the clerk. The common council Council to cause notices shall thereupon cause such notices to be served as pro- served, vided in said sections at least ten days before the work shall be ordered, and shall also cause similar notices to be published in the official papers for one week, the Publication of notices. first publication to be at least ten days before the w'ork shall be ordered, and such notices shall specify the size and estimated cost of such sewer and the points be- tween which it is to be constructed. § 149. At any time after the first publication of such property own- ers may make notice, and before the work is ordered, any person in- objection, terested may object to the same, such objection to be made in writing, delivered to the city clerk; if no ob- Proceedingsin jection be made, the common council may, at any objec^tL^m regular meeting within two months after the expira- tion of such ten days, by a majority vote, subject to the mayor’s veto as in other cases, order such sewer to be constructed ; but if any objection be made within the time specified, the common council shall hear such 120 REVISED CHARTER OF In case of objection. Two-thirds vote necessary in case. Cost of sewers’ how paid. In case of sewers of over two feet diameter. City to pay all over. Engineer to estimate cost of two-foot sewers. Sewers to con- form to established system. When council may change. objection, with any evidence which may be offered, but shall not order the construction of such sewer, ex- cept by the vote of two- thirds of all the members of the common council. § 150. The cost of constructing any sewer shall be assessed and collected the same as other local improve- ments, except that whenever the common council shall order any sewer to be constructed of a size greater than two feet in diameter, they shall cause the estimated expense of a two- foot sewer of the same kind on the same ’line to be assessed upon the property fronting upon the line thereof, and the excess over and above such sum shall be paid by the city at large out of the contingent fund. It shall be the duty of the city engineer to furnish the common council with a certifi- cate of the whole expense of such work, with an esti- mate of what, in his opinion, would be the expense of constructing a two-foot sewer of the same kind. § 1 5 1.* All sewers constructed in said city shall con- form in all things to the system of sewerage estab- lished under the provisions of chapter seven hundred and eighty of the laws of one thousand eight hundred and sixty- eight, except it be made to appear to the common council that said system is incorrect, in which case the said common council may, in their discretion, make any necessary changes in said system and may increase the size, or change the grade of any sewer and determine its place of dis- *As amended by chap. 449 of the Laws of 1888, and chap 475 of the laws of 1889. THE CITY OF SYRACUSE. 12 I charge, and such change and the determination of the common council shall be carried out under the advice Commissioner of public and direction of the commissioner of public works ; works to ’ supervise. and whenever such s^'stem provides for the construe- Sewers be- tion or extension of any sewer beyond the corporate limits of said city, said common council shall have power and is hereby authorized to order the construc- tion or extension of the same beyond such corporate limits, having first obtained the consent or approval of Consent of vii- lag-e or town the lawful authorities of any village or town Ibi'ougb be ou^lijfeV ° which the same is proposed to be constructed or ex- tended, and the consent of the owners of any private Consent of private own- property in such town or village through which such sewer may run. §152. Whenever the common council shall under- Repairing, IMacadamiz- take to repave or re-macadamize any street or part of a '"k- grading ^ ^ and regrading street in said city which has already been paved or ma- pAwemmi't. cadamized, or to grade or regrade the same, such work shall be deemed a local improvement and su])ject to the provisions of this title. § 153."^ In proceedings for paving, repaving or ma- cadamizing any street or part of a street, the term “pavement” shall be deemed to include curbstones and gutters. ^ 154.1 cases where the common council shall Gas and water mains to be order any pavement to be made in any street, or part *As amended by chap. 449 of the Laws of 1888. f As amended by chap. 449 of the Laws of 1888 and chap. 531 of the Laws of 1 893. 122 REVISED CHARTER OF Construction of sewers. Expense defrayed by local assess- ment. When to be constructed. Work and materials, coU' tracts for, how let. of a street, where the gas and water mains have not been laid, or where those already laid are of insuffi- cient capacity or improperly located, they shall require such gas and water mains to be laid before such paving is done, and in every case w'here in accordance with the system of sewerage of the city, a sewer has not been built in any street or part of a street thus to be paved or repaved, and where in any case a sewer has not been built in any street or part of a street, or a sewer already constructed in such street or part of a street, shall be condemned by the common council as insufficient in capacity or improperly located as to depth or alignment, or a menace to health or for any other cause, the common council may, on their own motion, by the two- thirds vote of all the members elected, cause such sewer to be constructed of such size and depth and in such location as will correspond with the system of sewerage of this city, if such sys- tem, as established, or as may be established, includes such street or part of a street, or as shall be deemed sufficient and proper by the common council in case such system does not include such street or part of a street, and the expense thereof defrayed by a local assessment, subject to the provision of section one hundred and fifty, the same to be constructed before such paving or repaving shall be done, in case such street or part of a street is to be paved or repaved. § 155."^ Whenever the common council shall order any work done or materials or supplies to be furnished. *As amended by chap. 449 of Laws of 1888. THE CITY OF SYRACUSE. 123 under the provisions of the foregoing sections of this title, the same shall be done by contract if it shall in- volve an expenditure exceeding seventy five dollars, and such contract shall be let to the lowest bidder, who shall give one or more sureties, being freeholders, for its faithful performance, who shall make oath writing that he or they are worth a sum double the contract price, over all debts and liabilities he owes or has incurred and exclusive of property exempt from execution. When the lowest bid in the opinion of the Right to reject common council is too high, they shall have the right to reject it, and may then by resolution discontinue or abandon the work, or they may direct the clerk to ad- vertise for new proposals. § 156."^ All work done under the provisions of the work shall be done nnder foregoing sections of this title shall be done under the commissioner direction of the commissioner of public works, and in worksf and the cit}^ eng-ineer. accordance with the plans, specifications and estimates prepared by the city engineer, unless otherwise .speci- ally ordered. ^157. Whenever directed by the common council Advertise for proposals at the clerk shall advertise for proposals for .such length ftve days.. of time as the council .shall direct, not less than five days, and the common council shall in each ca.se pre- scribe the amount which each bidder shall deposit as i^idders shall deposit security for entering into any contract which may be security, awarded to him. The proposals shall be in such form as the council shall prescribe. *As amended by chap. 475 of the Laws of 1889 124 REVISED CHARTER OF Powers of council rela- tive to side- walks and gutters. § 158. The common council of said city shall also have jurisdiction, without petition, request or consent, require the owners of property fronting upon any street, highway, alley or public place, to make, con- struct, relay, repair and keep in order the sidewalk and gutter in front of such property as hereinafter provided. Construction and repair of sidewalks and gutters. Notice to be served. Time allowed. In case of new walks. Two-thirds vote required to order new walks or gutters. Twenty days allowed. § 159. Whenever the common council shall deem it necessary that any existing sidewalk or gutter be re- laid, or new sidewalk or gutter constructed, they shall require a notice to be served upon the owner of the premises in front of which such sidewalk or gutter is to be relaid or constructed, requiring him to relay or construct the same, as the case may be, within two weeks after the service of such notice ; and in case a new sidewalk shall be required to be constructed, the council shall prescribe and the notice shall specify the width and thickness of such sidewalk and the materials of which it is to be constructed. No new sidewalk or gutter shall be ordered constructed except by the vote of two-thirds of all the members of the common coun- cil. Such notice shall be served in the manner pre- scribed in section one hundred and thirty-nine. In case such notice be served by mail, the owner shall have twenty days from the mailing thereof in which to comply with its requirements. In case of § 160. Ill case any owiier shall neglect or refuse to neglect or , 1 • i 1 1 • 1 • 1 refusal. relay or comstruct such sidewalk or gutter within the time limited therefor, the common council shall have authorit}' to relay or construct the same, and to cau.se THE CITY OF SYRACUSE. 125 the expense thereof to be assessed and collected in the same manner as other local assessments. ^ It shall, in all cases, be the duty of the Property own- ers to keep owner of ever}" lot or piece of land in said city to keep gj^e^Ta^iks ^ the sidewalks and gutters adjoining his lot or piece of repTire^”^ land at all times safe and in good repair, and also to remove and clean away all snow and ice or other ob- :Must clean away snow struction therefrom. In case any sidewalk or gutter . 1 . . . , . , - , Commissioner in said city shall, at any tune, in the ludgment of the of public commissioner of public works require cleaning, repair or improvement, the said commissioner of public works necessliry!^ may serve a notice upon the owner of the abutting lot May serve notice upon requiring him forthwith to clean, and within five da3'S to repair or improve such sidewalk or gutter; such notice shall be served in the manner prescribed in sec- Notice, how served. tion one hundred and thirty-nine. If such notice to repair or improve shall be served by mail ; the owner Mail service ^ allows ten shall have ten days in which to comply with its re- quirements. § 162.* If any person shall neglect or refuse to do i„ case of nej^lect. such cleaning or to make such repairs or improvements within the time limited therefor by such notice, the said commissioner of public works shall have the power commissioner of public to clean, repair or improve the same in such manner as works may. he shall deem proper and suitable. Whenever said Commissioner of jmblic commissioner shall do such cleaning: or make such works to make ° statement to repairs or improvements, he shall deliver to the owner or send to him by mail, whether he resides in the city *As amended by chap. 475 of the Laws of 1889. 126 REVISED CHARTER OF In case of non- payment with- in ten days. Commissioner to file affidavit with assessors. Assessed upon the property. Interest 12 per centum. Repairs shall correspond with original, unless. Council and Engineer to approve grade of gutters and sidewalks. Council to cause sewer inlets and service pipes for gas and water to be constructed and laid. or elsewhere, a statement of the expense thereof. If such expense be not paid to the city treasurer within ten days after the deliver}^ or mailing af such state- ment, the said commissioner shall file his affidavit of the actual expense thereof with the assessors of the city, and the same shall thereupon be assessed by them and collected the same as other local assessments, with interest thereon at the rate of twelve per centum per annum from the time such affidavit was filed. § 163.* Such repair shall correspond in the materials used, and in the execution of the work, with the origi- nal sidewalk or gutter, unless the common council shall direct a change, in which case such direction shall be carried out. § 164. Whenever any sidewalk or gutter shall be relaid or constructed, the same shall be relaid or con- structed upon the grade fixed or approved by the com- mon council or the city engineer. § 165.1 cases hereafter, where the common council shall order any street or part of a street to be paved, repaved or macadamized, before such paving, repaving or macadamizing shall be done, said common council shall, at such distances apart as the city engi- neer shall prescribe, cause sewer inlets to be con- structed from any sewer in such street or part of a street, and service pipes to be laid from any gas and water mains in said street or part of a street to a point *As amended by chap. 475 of the Laws of 1889. f As amended by chap. 449 of the Laws of 1888. THE CITY OF SYRACUSE. 127 beyond the curbing or gutter upon either or both sides of the street or part of a street so ordered to be paved, ’repaired or macadamized as aforesaid, of such size as in his judgment will be sufficient at all times for the requirements of such street, and to include and collect -May coiieet cost of sewer the cost of such sewer-inlets as a part of such work. The cost of such service pipes and of the laying thereof Cost of services, pipes shall be paid to the city on demand by the company ho^^paid^’ with whose main the same shall connect. TITLE X. OF THE OPENING, WIDENING, ALTERING AND STRAIGHTENING OF STREETS. § 166.* Before any street, highway, alley, lane or streets, openings, &c. public ground shall be laid out, widened, altered or straightened by virtue of this act, the common council shall cause the same to be surveyed and monuments Survey and placed, showing the lines thereof, and a map to be made of the .same and of all property which in its judgment will be benefited by the proposed improve- Property benefited. ment ; which map .shall be filed in the city clerk’s Fding of maps, office and a copy thereof in the county clerk’s office, and for that purpose the common council and those acting by its direction shall have power to enter upon any ground in said city. §167.* The common council shall then, by resolu- T tion, declare its intention to take, and describe the pf’o^rt\s^etc. *As amended by chap. 449 of the Laws of 1888. 128 REVISED CHARTER OF property proposed to be taken and appropriated for such improvement and shall designate a time, place and court of record when, where and in which application will be made for the appointment of three commission- ers to ascertain and report the just compensation to be paid to the person or persons owning or having interest Resolution, in the property proposed to be taken. Such resolution how published ^ ^ i j. and served. shall be published in the official paper or papers of the city and a copy thereof shall be served upon each owner of any property shown to be benefited by such map, either personally or by depositing the same in the postoffice, in a post-paid sealed wrapper, addressed to such owner at his last known place of residence, at least ten days before the time designated for such ap- plication ; if there be two or more owners of any one piece of property seiAuce upon any one of them shall be sufficient. Upon the day designated in said notice or upon some other day to be fixed by the court, it shall hear the application and may appoint such com- missioners and fix the time and place for their first Appointment meeting. Whenever any commissioner shall decline of commis- sioners, of to serve, the court may appoint another in his place. Duties of § i6S.* The commissioners shall, before they enter commissioners performance of their duties, take and sub- scribe an oath faithfully to execute their duty to the To make best of their ability. The}^ shall together view the awards. property proposed to be taken and may in their discre- tion receive any evidence concerning the same, and may adjourn from time to time. They shall ascertain *As amended by chap. 449 of Laws of 1888. THE CITY OF SYRACUSE. 129 and award to the respective owners of property to be taken and to all persons or corporations interested therein such damages therefor (deducting the benefits to their adjoining lands) as in the opinion of the com- missioners shall be just compensation to them respect- ively. The report of the commissioners or a majority of them shall be returned to the common council within thirty days after their appointment, unless such time be extended by the common council. They shall each Compensation receive three dollars per day for their services. § 169. Any person considering himself aggrieved ^^ireais^and by such report may, within ten days after the filing'bf the same, appeal to the count}^ court of the county by filing with the city clerk, and by serving on each of the commissioners, a notice of appeal stating the grounds thereof. The appellant shall, at the same time, pay to each of the commissioners two dollars to pay for their return. The commissioners, or a major- To make re- tiirn in ten ity of them, shall immediately and within ten days re- turn to the county court and file with the clerk thereof a full return of all the evidence and proceedings taken before them and the reasons for their decision. Such commissioners may be compelled to make or amend their return in the same manner as the returns of justi- ces in appeal cases at any time within ten days after the filing thereof. § 170. On notice by either party of five days the Right of appeal. appeal may be brought on to argument on the commis- sioners’ report, the return of the commisvsioners and the notice of appeal. The courtty court may, in deciding 130 REVISED CHARTER OF such appeal, affirm, modify or disapprove such report as said court may deem proper, without reference to technical objections. If the court shall modify or dis- approve the same, the court may refer it back with in- structions to the commissioners for correction, or the New commis- court may appoint three other commissioners to assess sioners may be appointed. anew the damages, who shall proceed in all respects as the commissioners making the first assessment are re- quired to proceed. If the amount of damages awarded to any person shall not be increased or diminished more than fifty dollars from the former report, such last re- Furtherap- port shall be coiiclusive between all parties ; otherwi.se, peal may be had. the same may be appealed from in the same manner, and the county court shall have the same power upon such appeal as upon appeal from the former report. The county court shall be always open for the trans- action of an}" business under this title. Assessment of I ji.* lu case there shall be no appeal from the re- dama^es, etc., . . _ , . by assessors, port of the commissioners, or upon the final determina- tion of any such appeal, the common council shall direct the assessors of said city, and said a.sse.ssors shall thereupon proceed to assess the amount awarded for damages with the commissioner’s fees and all expenses, .specifying the aggregate amount of the same upon the property to be benefited by such improvement, accord- ing to the map referred to in section one hundred and sixty-six, in a ju.stand equitable manner as near as may be in proportion to the benefits received. They shall *As amended by chap. 449 of the Laws of 1888, and chap. 595 of the Laws of 1892. , THE CITY OF SYRACUSE. 131 make out an assessment-roll and set the amount of the tax assessed in the last column of the roll, opposite the name of the person, corporation, association or property assessed, and shall leave the said roll at their office and thereupon ^ive public notice in the official papers for Public notice ^ ± A 1. completion one week that such assessment- roll will remain at their office for the term of ten days from the date of such notice, during which time any person interested may examine the said roll, and at the expiration of said ten days, and on a day and hour and at a place to be speci- fied in said notice, the said assessors shall meet and hear 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 city clerk, whereupon the as- sessment may be appealed from in the same manner. Appeal, and the common council shall possess the same power in reference thereto, and proceed in the same manner as on appeals from other local assessments. Provided, Pending- proceedings however, that no case in which a proceeding for open- affected, ing or extending any street, highway, alley, lane or public ground is now pending shall be affected by any amendment hereby of section one hundred and sixty- six, one hundred and sixt3"-seven, one hundred and sixty-eight, or one hundred and seventy-one of said chapter. § 172. When there are infants or other incompetent where there are infants. persons owners, whose property is affected by any such improvement, the county or supreme court shall ap- 132 REVISED CHARTER OF Awards shall be paid after final deter- mination. In case of refusal or right disputed. Clerk shall make report. Fee of land shall be vested in the city, when ? point guardians ad litem, to protect their interests and prosecute appeals. § 173. Immediately after the final determination of all proceedings in which any award shall have been made, the common council shall cause to be paid or tendered to the respective owners the amount awarded to each respectively ; in case any such owner shall re- fuse the same, or be unknown or non-resident of the city, or for any reason be incapacitated from receiving the amount, or the right thereto be disputed or doubt- ful, the common council may make payment of the portion into the office of the clerk of the county of On- ondaga, as clerk of the supreme court, accompanied with a statement of facts and circumstances in each case, and a transcript of the report of the commission- ers, as relates to the ascertainment of the amount so paid in ; and said clerk shall make a report to the supreme court at its first term, special or general, held therefor in the county, of the amount thus deposited, accompanied with the statement and transcript afore- said ; and the supreme court shall have authority, and it shall be their duty at such term of court, to order the investment of such money, or the payment over on the ascertainment of the person entitled thereto. Upon such payment or tender, or payment to the clerk being fully made, the fee of the land .shall be vested in the city. THE CITY OF SYRACUSE. 133 TiTivH XI. BOARD OF EDUCATION. § 174.* The commissioners of common schools of the Board of; education, several wards shall constitute the board of education of and^qiorum the city. The board shall meet annually on the second Tuesday after the annual charter election, and appoint a president from their own body ; a majority shall con- stitute a quorum but a less number may adjourn. The president shall have a vote on all questions, and in his absence a president pro tempore shall be ap- pointed. The president shall hold his office at the pleasure of the board. § 175. There shall be appointed by the board at first annual meeting succeeding the passage of this act and at every third annual meeting thereafter a superin- tendent of schools. Each and every superintendent of Appointment ^ and term of. schools appointed in and for the city of Syracuse after this act takes effect shall be appointed and shall hold the office for three years unless sooner removed by resignation, death or for cause. Whenever any writ- charges against, how ten charges shall be presented against the said superin- determined, tendent for incapacity, official misconduct or other offense, specifying the same, the board of education shall cause a copy of the same to be served on the said superintendent at least five days before the hearing of the same, with a notice of the time and place of the hearing thereof. At the time and place specified in *As amended by chap. 18 of the Laws of 1889. 134 REVISED CHARTER OF Vote necessary for removal. Salary and duties of sup- erintendent. Record of pro- ceeding, &c. Vacancies, how filled. said notice, the said board of education shall proceed to hear the evidence offered and determine said charges. If the said charges are not sustained, the said board may dismiss the same ; or, if sustained, they may by resolution remove said officer and declare such office vacant and proceed to fill the vacancy as hereafter specified. No person shall be removed unless by an affirmative vote to be taken by ayes and nays of two- thirds of all the members elected to the board of educa- tion. The salary of such superintendent shall be fixed by the board of education and shall not be subject to change during the continuance of said term, and he shall act during such term as clerk of the board. The superintendent shall exercise a general supervision over the schools of the city, subject always to the direction of the board of education, and he shall perform the duties prescribed by law and such other duties as the board may from time to time direct. He shall keep a record of the proceedings, which record, or a transcript thereof, certified by the president or superintendent, shall be received in all courts as prima facie evidence of the facts therein stated. Such records and all the accounts and books of said board shall at all times be subject to the inspection of the common council and of any committee thereof. Should any vacancy occur in the office of superintendent of schools at any time, either by reason of death, resignation or removal as above stated, such vacancy shall be filled by the board of education for the balance of the term so made vacant. THE CITY OF SYRACUSE. • 135 § 176.* The board of education shall annually report Annual ' ^ report. to the common council, on or before the first day of April after the charter election, a detailed statement of the amount estimated by them to be necessary to be expended by said board, for each of the following pur- poses for the current year : 1. To defray the expenses of teacher’s wages. Teachers wages. 2. To procure fuel and defray the necessary expenses Fuel and ^ ^ necessary of keeping the school-houses in order, exclusive of repairs. 3. To defray the expenses of janitor’s service. janitors. 4. * To defray the expenses of the .several school ^chooi^^ libraries. 5. To defray the expenses of temporary repairs, up- Temporary repairs. on school-houses. 6. To defray the contingent expenses of the board. Contingent ° ^ ’ expenses. including the purchase of books, apparatus and sup- plies. 7. The amount of moneys on hand and the amount Moneys, other than from city receivable during such year by said board for school taxe.s. purposes, other than from city taxes. § 177. Upon the reception of the report, in the last Council shall consider section required to be made, the common council shall report, proceed to consider the .same and approve, increase or diminish any or all of .said estimates ; but they shall *As amended by chap. 531 of the Laws of 1893. Council to certify amount appropriated. Personal liability of members. Powers and duties. Safe keeping of properties, &c. Employ teachers. Purchase sites, &c. 136 • REVISED CHARTER OF not diminish the aggregate amount so that the sum to be raised b)^ the city shall be less than twice, nor in- crease the same so that the said sum shall be more than five times the amount received during the current year from the State for school purposes. After having fixed the amount to be expended for each and all of the purposes mentioned in the last preceding section the same shall be certified to the board of education, who shall, during such fiscal year, limit the expenses for such purposes so that the sums shall not exceed such appropriation, and not lessen the length of time that public schools are required to be kept open by the gen- eral statutes of this State. In case a greater sum shall be expended for any purpose than the appropriation, the city shall not be liable for the same, but the mem- bers of the board of education voting therefor, or either of them, shall be personally liable therefor to the party entitled to payment. § 178. The board of education shall have power, and it shall be their duty, subject to the provisions of this act : To have the care and custody, provide for the safe keeping of school-houses, their out-houses, books, furniture and appendages in said city. 2. To contract with, license and employ all teachers of the several public schools therein. 3. To contract for purchasing sites and for building, *As amended by chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 1 3 / enlarging and furnisliing all school-houses authorized by the common council, and to superintend the same. 4. To contract for the temporary repairing of all Te^mp^^rary school-houses and for all repairs and improvements around the same. 3. To audit accounts and order the payment of the Payment of same if contracted by them, for either of the purposes stated in section one hundred and seventy-six of this title. , 6. "^ To make all selections of books for school pur- of ^books” poses and for the several school libraries in said city. 7. To divide the city into school districts in such Regulate .school manner as they shall deem proper, and regulate and nn^be^'of"^ define the boundaries and the number of teachers for the same. 8. To supply the places and perform the duties of perform duties of commissioners of common schools, and in respect to the trustees under ^ general several school districts in the city, to supply the place and perform the several duties required to be performed by trustees of the several school districts in this vState by the general statutes relating to common schools. § 179. At such time as the superintendent of public i^et^,j,ns to the instruction shall direct returns to be made to him in dent of p\?biic instruction. each year, said board shall make and transmit to him a report in writing, containing an account and descrip- tion of all the common schools kept in said city during *As amended by chap. 531 of the Laws of 1893. i3B REVISED CHARTER OF the preceding year and the time they have severally been kept ; the number of children taught in said schools respectively ; the number of children over the age of five and under the age of twenty-one years re- siding in said city on the first day of January of that year ; the whole amount of school moneys received by the treasurer of said city during the year preceding, distinguishing the amount received from different sources ; the manner in which said moneys have been expended, and whether any and what part remains un- expended, and for what cause ; the amount of moneys received for tuition fees from foreign pupils during the year, and the amount paid for teacher’s wages in addi- Councii may to the public moiieys. They shall also make such further Other or further reports as may be required by the coin- reports. mon council or by any statute of the State now or here- after applicable to them. Tax for school §i8o. The commoii council shall have the power houses, &c. 1 1 1 -1-1 • 1 ^ ^ and it shall be their duty to raise each year, by tax upon the real and personal estate of the city which shall be liable to taxation for ordinary city taxes, or for county or city charges, in addition to the amount of school moneys now or hereafter appropriated, as pro- vided by law for common schools in the city, such sums as may be determined by the common council to be necessary or proper for any or all of the following purposes : To purchase, lease or improve sites of or for *As amended by chap. 368 of the Laws of 1887 and chap. 626 of the Laws of 1892 THE CITY OF SYRACUSE. 139 school-houses and to build, purchase, lease, enlarge, alter, improve or repair school-houses and their out- houses and appurtenances ; but the amount raised in any one year for buying sites and erecting school- houses and appurtenances shall not exceed fifty thous- and dollars. 2. To purchase, exchange, improve and repair school school apparatus,. apparatus, books, furniture and appendages ; but the books, etc. power herein granted, shall not be deemed to authorize the furnishing of class or text books for any scholar whose parents or guardian shall be able to furnish the same, except in and for the primary departments. 3. * To procure fuel and defray the expenses of the Fuel, common .schools, and the expen.ses of the Central City library and the several .school libraries. 4. To pay the wages of teachers due after the appli- Teachers wages. cation of the public money, which may by law be appropriated and provided for that purpo.se. § 18 1. The common council shall cause the amount School tax, of the tax at any time ordered to be rai.sed, in pursu- ance of this act, to be added to the amount which is otherwise authorized by law to be raised by tax in said city, and the common council shall cause the .same, with the fees thereon, to be assessed, levied and col- lected at the same time, and by proper warrant, and in the .same manner and as a part of the taxes raised annually for city purpo.ses. *As amended by chap. 531 of the Laws of 1893. School moneys, how deposited. How disbursed. To be kept separate. Not to be borrowed. School Commissioner district. 140 REVISED CHARTER OF § 182. All moneys required to be raised by virtue of this act, which the board of education is authorized to expend, on being raised as therein provided, with all other moneys received from any source for school pur- poses, shall be deposited for the safe-keeping thereof with the treasurer of the city to the credit of the school funds, and shall be drawn out in pursuance of resolu- tion or resolutions of said board, by warrants drawn by the clerk of the board, and countersigned by the president thereof, payable to the order of the person or persons entitled to receive such moneys ; and the treas- urer shall keep the school funds authorized by this act to be received by him separate and distinct from any other funds which he is or may by law be authorized to receive ; nor shall any of the moneys belonging to the school funds be paid out by the treasurer except upon such warrant ; nor shall any part of said school funds be borrowed from said funds directly or indi- rectly by the city, or in any manner transferred to any city fund ; but the same shall remain in the treasury, to be drawn therefrom only for school purposes and in the manner herein provided. § 183. The city of Syracuse shall be taken and deemed a town for all purposes of making returns in respect to common schools, and for receiving moneys for school and library purposes from the State or other sources ; and by virtue of this act, it is hereby declared to be a school commissioner district. THE CITY OF SYRACUSE. I4I title XII. FIRE COMMISSIONERS AND FIRE DEPARTMENT. §184. The fire department of the city of Syracuse Paid fire department. shall be a paid department, under the general super- vision and control of four commissioners, appointed as hereinafter provided. § 185. The common council of said city shall have Common council has full and complete jurisdiction over all the property connected with and appertaining to the fire department, r’l'opeity. now owned or hereafter owned or purchased by said city, consisting of engine-houses, fire engines, harness, horses, hose, hose carriages, trucks, wngons, hooks and ladders, fire alarm telegraph, and all other appa- ratus used for the discovery or extinguishment of fires; and all purchases, sales or expenses connected with the extension or enlargement of the real property, struc- tures and apparatus of said department shall be under the direction and control of said common council, ex- cept as hereinafter provided. § 1 86. The fire commissioners now in office shall lioard of fire commission- continue to hold their offices to the end of the term for ers, how constituted. which they were severally appointed, and the mayor of said city .shall have authority and he is hereby re([uired upon the expiration of the terms of office of any of the present commissioners of the said department to ap- point a citizen of said city, of good repute, a commis- sioner for said department for the term of four years, Term of office. 142 REVISED CHARTER OF who shall belong to the same political party as the commissioner whom he is appointed to succeed ; and thereafter the said mayor shall have like authority and it shall be his duty to appoint a like citizen, a com- missioner for a like term, upon the expiration of the term of any commissioner hereafter appointed. how^finS’ § 187. If any vacancy in the office of commissioner occurs other than by expiration of the term of office it shall be the duty of said mayor to appoint a like citizen, a commissioner, to serve until the expiration of the term of the commissioner whose place he is appointed non-^part£an^^ to fill, and of the Same political faith as such preceding commissioner, so that such board of commissioners shall remain and be non-partisan. The said commis- sioners shall serve without compensation. The mayor cause. hereby also authorized to remove from office any commissioner of said department for an}^ cause deemed sufficient to himself ; but he shall forth- with make and transmit to the common council of said city, to be entered upon their minutes, a statement in writing, signed by himself as such mayor, of his reas- ons for such removal. Powers and duties of board. To appoint clerk, adopt rules, etc. § 188. Said commissioners shall constitute aboard of fire commissioners, who shall have power to appoint a clerk and to make all needful rules and regulations for the government of the fire department and its officers and members. The board shall have authority to locate engine-houses, hose carts, hook and ladder carriages and . all other apparatus belonging to the fire department. THE CITY OF SYRACUSE. 143 and to change such location whenever, in their judg- ment, public necessity requires such changes. § 189.* The board shall also have jurisdiction over jurisdiction of board over all current and contingent expenditures, including sal- expenditures, aries of officers and members, and no purchase under this authority shall be made, or debts contracted with- out special direction and authority of the board of com- missioners, and all accounts shall be audited by said board ; and all salaries of officers and members of the Salaries, &c., how paid. fire department, and all current and contingent ex- penses shall be paid by the treasurer of the city on a warrant of the board ; all warrants of said board must warrants to be sij^ned by be authorized by a vote of the board and signed by the president and clerk thereof. §190. The fire department of said city shall consist officers of fire department. of one chief engineer and first and second as.sistant engi- neer ; one superintendent of fire alarm telegraph, to- gether with such foremen, drivers, hosemen, pipemen and helpers as may be necessary for the proper and effi- cient management of the engines and other apparatus of the department, provided that the whole number of dumber of . • , 1 limited. men connected with each engine shall not exceed ten, and provided also that the whole number of men con- nected with each hook and ladder carriage shall not ex- ceed ten. § 1 91. The chief engineer and as.sistant engineer and chief engineer . r 1 n 1 and employees superintendent of the fire alarm telegraph, as well as all to be elected other firemen employed in the fire department, shall be *As amended by chap. 531 of Laws of 1893. 44 REVISED CHARTER OF elected by a majority vote of the board of fire commis- Term of office, sioiiers, and hold their office during the pleasure of said commissioners, expressed by a majority vote. Chief engineer § 102. For any iieglect of duty or violation of the may suspend subordinates, ^nd regulations of the department, the chief engineer shall suspend from duty any subordinate until the same can be reported to the board of fire com- missioners, with the cause and facts on which sucli suspension is ordered. All salaries fixed by the board subject to approval of council. § 193. The salaries of the* clerk, chief engineer, assistant engineers, and superintendent of the fire alarm telegraph, and all other persons employed by the department, shall be fixed by the board of fire commissioners, subject to approval by a majority vote of the common council, and such salaries shall be con- sidered a full and complete compensation for their ser- Members must vices ; and members of this department, either as com- not solicit i^cef/e panies or individuals, are forbidden to solicit money donations. fj-oni citizeiis for balls, assemblies or other purposes, or to receive donations from persons whose property has been destroyed or endangered by fire. Political § 194* The right of every member of the fire depart- rights of .... ... m^embers meiit to entertain political or partisan opinions, and to department exprcss the Same freely, when such expression shall not concern the immediate discharge of his duties as a member of said department, and the right of elective Must not take franchise shall be inviolate ; but no member of the part in any 1-111' political fire department will be permitted to be a delegate or convention. representative to, or member of any political or parti- THE CITY OF SYRACUSE. 145 sail caucus or convention, whose purpose is the nomi- nation of any candidate or candidates to any political office. He shall not take part in any convention held for the nomination of any candidate for any such office. §195. The chief engineers and assistant engineers Chief and assistant associated with such members of the board of commis- engineers and commissioners sioners as are present at fires shall take and have the af '■ control and management of all officers, men and prop- erty, measures and actions for the prevention and ex- tinguishment of fires within the limits of the city of Syracuse, and may call upon the chief of police or any Mav call upon police ?. “ member of the police force, to assist in the enforcement department i for assistance. of all orders for the government of the department or the protection of property, or the preservation of order. §196. The engines or apparatus of the fire depart- Apparatus not ment shall not be used for competitive trial, nor shall the same be allowed to be taken beyond the boundaries of the city of Syracuse unless by permission of the ^lust not go out of city chief engineer and mayor, and at least one member of the board of fire commissioners. § 197. The engines, hose carriages, officers, men and Engines, etc., to have right apparatus of the fire department shall have the right of of way. way while going to and at any fire, and any person willfully obstructing the firemen in the performance of their duty shall be deemed guilty of a misdemeanor and be liable to punishment for such offense. 198. The chief engineer shall make a monthly re- chief engineer . . . , ~ . . to report port in writing to the fire commissioners, showing the monthly. 46 REVISED CHARTER OF Report to be communicated to common coun actual condition of the property of the department under his charge, together with the list of fires, alarms, losses and insurance on all property destroyed during the month, and a particular statement of the causes of such fires, so far as known, and such other information as he may deem important to the public interest, which report shall be forthwith communicated to the common council. Fire marshal appointment, etc., of. Building permits. Approval of plans, etc. § 199.^ The mayor shall appoint a fire marshal who shall hold his office for the period of four years. He shall be a citizen of the city of Syracuse, practically qualified for the office, and not less than thirty-five years of age. He may be removed for cause upon charges duly furnished in writing by the mayor. The .salary of the fire mar.shal .shall be eighteen hundred dollars per annum, to be paid monthly out of the con- tingent fund. He shall keep his office in the city hall building, and his office hours shall be from nine to ten o’clock in the forenoon, and from four to five o’clock in the afternoon. It shall be the duty of the fire mar- shal to receive and act on all applications for permis- sion to erect buildings and structures, or to make re- pairs or changes in existing buildings and structures within the limits of Syracuse, and to grant or withhold such permission. Sufficient plans and .specifications for all buildings and structures hereafter to be erected within the limits of the city shall be submitted to him for his imspection and approval, but no such approval *As amended by chap. 288 of the Laws of i8gi and chap 531 of Laws of 1893. THE CITY OF SYRACUSE. T47 shall be given, unless the plans and specifications for such buildings or structures shall conform to the build- ing laws of said city. It shall be his duty, and he is Entry upon premises. hereby empowered to enter in any and all premises within the city for the purpose of determining whether such work is being done according to the building laws of said city, and in such manner as to insure the safety of such building or structure and surrounding property. In case such building or structure, or the alterations or Powers as to changes and repairs thereto, are not being done according to building laws, nor in conformity to his directions, he shall have power, and he is hereby authorized and em- powered to require such change and alterations to be made, as shall conform to said laws and his instruct- ions. He shall have power, and it is his duty, and he is hereby directed to enter on any and all business prem- ises within the limits of the city, to ascertain whether proper precautions are taken and observed and main- tained against fire, and his duty shall be to make such examinations at least once in every three months, and oftener if in his judgment it is necessary, and at any time at the request of the mayor, the chief engineer of the fire department, or the secretary of the board of un- derwriters, giving the location. He shall have author- Examination of prf;mi.ses as ity to order such things to be done as are necessary in his judgment to insure immunity from fire, and it shall be the duty of the owner or owners, tenant or tenants of said premises, and each and all of them to obey his orders in that regard after notice of the same shall have been given them in accordance with the provisions of this act ; and any refUvSal or neglect to comply with 148 REVISED CHARTER OF Duty at fires. Protection and safety of pub- lic, powers as to. Notice to owners of premises. Penalty for failure to comply with directions. May cause things done. Powers as to unsafe walls and buildings, vSaid orders, after such notice as aforesaid, shall subject the person so refusing, or neglecting, to the penalties prescribed in sub-division twenty-four of section two hundred and two of said act as amended b}^ said chapter two hundred and eighty-eight of the laws of eighteen hundred and ninety-one. Whenever a fire occurs in the city of Syracuse he shall be present, if practicable, and shall co-operate with the fire department in their efforts to stay the conflagration ; he shall have author- ity to enter on the premises, or any adjoining premises and make such observ^ations and examinations as he may deem for the public interest and protection. And when in his judgment anything is required to be done on or about said premises for the protection and safety of the public, he shall have power, and it shall be his duty to notify the owners, agents or other party having an interest in said premises to do those things, so in his judgment necessary to be done ; and it shall be the duty of said owner or owners, and they are hereby re- quired to comply with his directions in that regard, and for the failure of said owner or owners to comply with such directions, after notice as aforesaid, they and each of them shall be subject to the penalties prescribed in subdivision twenty-four of section two hundred and two of said act, as amended by chapter two hundred and eighty-eight of the laws of eighteen hundred and ninety one, and the fire marshal shall have authority to cause the things so directed by him to be done, to be done at the expense of said owner or owners ; and if iir his opinion the walls of the building on said premises, or any adjoining building are dangerous and unsafe by THE CITY OF SYRACUSE. 149 . reason of said fire, or any other cause, or anything is required to be done in or about said premises or build- ings for the protection and safety of the occupants or the public, he shall have the power, and it shall be his duty to cause said walls or buildings to be rendered safe or torn down and removed, and such other things to be done in or about said premises or buildings, as shall in his opinion be necessary for the safety or pro- tection of the public ; and to that end he shall at once Notice to owners, etc. serve on the owner, agent or other party in interest in said building or premises, a notice in writing specify- ing the walls or buildings required by him to be ren- dered safe or taken down and removed, and such other things as shall be required by him to be done, and such Penalty for failure to owner, agent or other person interested shall forthwith comply with requirements. comply with the requirements of said notice, and if such owner, agent or person interested shall fail or neglect so to do for the period of twenty-four hours after the service on him or them of said notice they, and each of them, shall be subject to the penalties pre- scribed in subdivision twenty-four of section two hun- dred and two of said act, as amended by chapter two hundred and eighty-eight of the laws of eighteen hun- dred and ninety-one. And said fire marshal may em- h: mployment of labor, etc., ploy labor, procure materials and take such other .steps ^ ^ X requirements. as may be necessary to carry out the requirements of said notice at the expense of such owner or person interested. Must inquire § 200.* It shall be the duty of the fire marshal in *As amended by chap. 288 of Laws of 1891. 150 REVISED CHARTER OF every case to inquire into the origin of any fire, and in case he believes it to be of incendiary origin he shall proceed to investigate the same in the manner pre- scribed by the statutes of this state for investigating the cause of fire, and he shall possess all the powers and perform all the duties as provided in said statute. Penalty for Kvery persou who shall hinder, obstruct, or resist the hindrance or obstruction, building inspector and fire marshal in the discharge of his duty as imposed by these ordinances shall pay a penalty of not less than fifty dollars nor more than two hundred dollars, to be collected by the corporation To keep books counsel for each and every offense. The fire marshal of record. shall keep a record book or books, wherein he shall enter the substance of all orders issued by him, all complaints made to him in matters within his cogniz- ance, and all inspections and examinations made by Must make him. He sliall make a miiiute and thorough report to quarterly and ^ ^ to councfk common council quarterly and a yearly report at the end of each fiscal year of his office. All complaints for violations of the provisions of the ordinances in regard to the building laws, or the violation of the ordinances regarding the duty of the fire marshal shall be referred to the corporation counsel. § 201. The fire alarm telepraph of the city of Syra- cuse shall also be under the control and direction of the board of fire commissioners, and they may, in con- junction with the superintendent of the telegraph, make such resolutions for the government and manage- ment of that department as in their judgment is con- Complaints I'eferred to corporation counsel. Fire alarm telegraph. THE CITY OF SYRACUSE. 151 ducive to the public interest, and will make it an effi- cient and valuable auxiliary to the fire department. §202.* The city of Syracuse is divided into two Building districts. building districts, first and second district. I. The first building district shall be all that part of First district said city lying within the following lines, namely : Be- ginning at the intersection of the foot of West Adams street and Onondaga creek, along West Adams and East Adams to Montgomery street, along Montgomery street to Cedar street, along Cedar to Mulberry street, along Mulberry street to Lock street, along Lock street to Laurel street, thence northeasterly along Union street to Butternut street, thence northeasterl}' along Butternut street to Townsend street, thence northeasterly along Townsend to Isabella street, thence southwesterly along Isabella street to Lock street, thence southeast- erly along Lock street to Salt street, thence southerly along Salt street to Laurel street, thence southwesterly along Laurel street and its south line projected to Onondaga creek, thence westerly along Genesee street to West street, thence southerly along West street to Tracy street, thence southwesterly along Tracy street to a point opposite the center of Wyoming street, thence .southerly to and along Wyoming street to Otisco street, thence easterly along Otisco street to West street, thence northerly along West street to Jefferson street, thence easterly along Jefferson street to the Onondaga creek, thence southerly along said creek to West Adams street, the place of beginning. *As amended by chap 288 of the Laws of 1891. district. External wall. Party wall. Foundation wall. Partition wall. Tenement house. Lodging house. Alterations and additions. 152 REVISED CHARTER OF 2. The second building district is all that portion of the city not comprised in the first building district. 3. In the construction of this act, if not inconsistent with the context, the following terms shall have their respective meanings herein assigned to them, namely : ‘ ‘ External wall ’ ’ shall apply to every outer wall or vertical inclosure of a building, other than a party wall. “Party wall ’’ shall apply to ever}^ wall used, or built, intended as a separation of any building, from any other building, to be occupied by any other persons. “ Foun- dation wall ’ ’ shall mean that portion of external walls below the level of the street curb, and for walls not on any street, that portion of the wall below the level of the ground outside of the wall. “Partition wall’ ’ shall mean any interior wall of masonry in a building. A “tene- ment-house ’ ’ shall mean and include every house, building or portion thereof, which is intended to be occupied or is occupied as the residence of more than three families living independently of one another, and doing their cooking upon the premises, or by more than two families upon a floor, so living and cooking, but having a common right in the halls, stairways, yards, water closets or privies, or some of them. A “lodging-house ’’ shall mean and include any house or building, or portion thereof, in which persons are lodged for hire fora single night, or for less than a week at one time. 4. Any alteration in or addition to a building already ^ erected or hereafter to be built, except necessary re- pairs not affecting the construction of the external or THE CITY OF SYRACUSE. 153 party walls, chimneys or stairways, shall, to the ex- tent of such work, be subject to the regulations of this act. No building already erected or hereafter built, shall be raised or built upon in such manner that were thiTlcc ° such building wholly built or constructed after the passage of this act, it would be in violation of any pro- vision thereof. 5. Every person intending to build or make alteration in the external walls or structure shall, be- must bf gfven fore he proceeds to build the same, or lay the founda- tion thereof, or to make the said alteration, give notice in writing of such intention and of the proposed loca- tion to the fire marshal at least ten days before doing any act for carrying such intention into execution. 6. Any excavation upon a lot, adjoining a street, Excavations must be shall be properly guarded and protected by the person Kiiarded. having charge of such excavation, so as not to become dangerous to public travel. Whenever any excavation i^xcavation shall be commenced upon a lot of land, and there shall wall. ^ be a party or other wall standing upon or near the boundary line of said lot, if the person whose duty it shall be to preserve and protect said wall from injury, shall neglect or fail to do so, for twenty-four hours after Notice of— notice in writing from the inspector of buildings and fire marshal left at the usual re.sidence or place of busi- ness of such person, said inspector may enter upon the May make . safe a party premises, and employ such labor, obtain such materials, wall, and take such other steps as may be necessary to make the same safe and to prevent the same from becoming unsafe, at the expense of the person owning said wall how^papi!^^’ 154 REVISED CHARTER OF or building ; and such inspector shall draw upon the contingent fund, to be paid by the city treasurer, for such necessary amount, and file with him the proper vouchers thereof and such amount shall be levied and assessed upon the property involved and shall be col- lected in the same manner and at the same time as other city taxes. Tnclosure of sites. Shall construct sidewalks around — Scaffolding in streets. Material, &c., in streets. 7. Whenever an^^ person shall be about to erect or alter the exterior walls of a building, within five feet of the line of a traveled street, said person shall cause the portion of the site of said building bordering upon said street, to be inclosed by a proper fence not less than four feet high, and at least seven feet from the line of said building, and if such fence shall prevent passage on the sidewalk, shall lay and maintain a plank walk around the same , not less than thirty inches wide, and said fence shall be made as much higher and the walk as much wider as the inspector of buildings and fire mar- shal shall direct, and the same shall be maintained until all liability to accident from falling materials shall be terminated. No person shall erect, or continue when erected, any scaffolding in any highway, for the pur- pose of repairing or erecting a building without first obtaining permission from the inspector of buildings and fire marshal, and all such scaffolding shall be so erected and secured as to be safe and sufficient for the purpose for which it was erected. In erecting any building, no person shall place, deposit, or suffer to re- main in aii}^ street or highway, any lumber or any other building material, rubbish, or remains of any old THE CITY OF SYRACUSE. 155 building, for a longer period than may be necessary for the prosecution of the work which may be going on. All rubbish from the erecting or repairing of any build- Rubbish to be removed as ing, or the removal of an old building, shall be carried fiJ-g^SSshai away by the person so erecting or repairing such build- ing at such time as the inspector of buildings and fire marshal may direct, and in case of neglect or refusal to do so, it shall be removed by the inspector of buildings and fire marshal at the expense of the person so erect- ing or repairing such building. Any person violating any provision of this section shall pay a fine of five dollars. 8. Every permanent building shall have foundations r-)epth of foundations. not less than four feet below the surface exposed to frost, resting upon the solid ground or upon concrete, piles or other solid substructure. The thickness ofYhickness ot walls. every wall, as hereinafter prescribed, shall be the mini- mum thickness as applied to solid walls. The height Height of ^ walls. of every external or party wall, as referred to in this act, or in any act in amendment thereof, shall be meas- ured from the level of the finish grade to its highest point. 9. For dwelling houses with walls not exceeding waiis of dwelling: thirty-five feet in height, foundation walls laid with houses, stone in cement mortar, shall be not less than sixteen inches thick, and external and party walls of brick shall be not less than twelve inches thick for the entire height. For dwelling-houses with walls exceeding thirty-five and not exceeding fifty-five feet in height, foundation walls laid with stone in cement mortar, Walls of buildings other than dwelling houses. 156 REVISED CHARTER OF shall be not less than twenty-one inches thick, and laid in cement. External brick walls shall not be less than sixteen inches thick to the second floor, and twelve inches above, and brick party walls not less than twelve inches thick to the top of the upper floor, and not less than eight inches thick for the remaining height. For dwelling-houses with walls exceeding fift3"-five feet in height, foundation walls laid with stone in cement mortar, shall not be less than twenty four inches thick. External brick walls shall not be less than sixteen inches thick to the top of the second floor, and twelve inches above, and brick party walls not less than twelve inches thick to the top of the upper floor, and not less than eight inches thick for the remaining height. Dwellings with walls not more than twenty-five feet in height may be built eight inches thick. 10. Buildings other than dwelling-houses shall have walls of the following thickness : For buildings in which the walls do not exceed fifty feet in height, foundation walls shall be laid of stone in cement mor- tar, not less than twenty-four inches thick. External walls shall not be less than sixteen inches thick to the top of the first story, and not less than twelve inches thick for the remaining height. For buildings in which the walls exceed fifty feet in height, foundation walls shall be laid of stone in cement mortar, not less than twenty-eight inches thick. For buildings, ex- ceeding fifty feet and not exceeding seventy feet in height, the external walls shall not be less than twenty inches thick to the top of the first story, not less than THE CITY OF SYRACUSE. 157 sixteen inches thick to the top of the second story, and not less than twelve inches thick for the remaining height. For buildings exceeding sevent}^ feet in height, the external walls of the two lower stories shall not be less than twenty-four inches, the next story above not less than twenty inches, thence not less than sixteen inches to the top of the fifth story, and not less than twelve inches for the remaining height. Party walls in such buildings shall not be less than twenty inches thick to the top of the second floor above the street, and not less than sixteen inches thick to the under side of the roof boards, and not less than twelve inches thick for the remaining height. In all build- ings over twenty-five feet in width, not having either brick partition walls, or girders supported by columns running lengthwise of the building, the external walls shall be increased four inches in thickness for every additional twenty-five feet in width of said building. The amount of materials above specified for external walls may be used either in piers or buttresses, pro- vided the external walls between said piers or buttres- ses .shall be in no case less than twelve inches thick. If adjoining owners, instead of a party wall, .shall each at the same time erect a wall on his own land, such walls may be twelve inches each in thickness, to such height as they .shall be contiguous. When the floor joists of any building re.st on brick corbeling, or on iron bearers, and are not built into the wall, the walls may be four inches thinner than required above, pro- vided that such corbeling be not le.ss than six courses in height, and be well bonded into the wall, and that Increase or diminution of thickness in certain cases. REVISED CHARTER OF 158 External walls no such Wall be less than twelve inches thick. The of stables an-d ■workshops, external walls of stables, or workshops for light work shall be at least twelve inches thick, provided that no such building shall be over thirty feet high, nor cover more than three thousand square feet, and that said Hollow walls, walls be not less than twelve inches thick. Hollow walls may be built, but all such walls shall be tied together with incombustible anchors placed not more than three feet apart. If used as bearing walls, the thickness shall be reckoned by their solid parts, unless either part is at least eight inches thick and solid verti- cal connections are made not less than twelve inches wide nor more than eight feet apart from centers, in which case two-thirds of the hollow space shall be counted with the solid parts. In no case shall the ends of joists or other woodwork be allowed to come within Hall partitions four iiiclies of the liollow Space. In any building in tenement houses. hereafter to be erected, to be occupied as a tenement or lodging-house, in which the lower part is to be used for business or manufacturing purposes, or which is intended to be occupied by more than four families, the hall partitions from the cellar to the second floor shall Wooden be built of non-conducting incombustible material. No supports and _ , . use of timber, rear, froiit, division or party wall of brick or stone shall be built upon or supported by any wooden gird- ers, rafters or lintels, or other wooden supports, but upon iron, brick or stone of sufficient strength. No timber shall be used in any wall or building, except Anchors. arclied forms for interior arched openings. The side end and party walls shall be anchored at each tier of beams, at intervals of not more than ten feet apart, THE CITY OF SYRACUSE. 159 with good, strong wrought-iron anchors, and fastened to the beams. Party walls shall be coped with non- Party walls, coping of, etc. combustible material securely fastened, or with wood if covered with tin or other metal ; and where there is a flat, hip or pitch roof, shall be carried up to a height of not less than two feet above the roof covering, at every part of said roof ; and where the roof is of any style excepting as above specified, unless the same is constructed of fireproof materials throughout, the party walls shall be carried up to a height of not less than two feet above the flat or upper slope of said roof. The ends of party walls shall be corbeled out at least Ends thereof to be corbeled. twelve inches, or to the outer edge of all cornices or projections on the front or rear walls, provided, that if a gutter-stone of suitable dimensions and properly bal- anced shall be iiivSerted it shall be equivalent to corbel- ing, and no continuous vertical recess of more than Recess therein four inches in depth shall be made in any twelve-inch party wall, and no recess of any kind shall be made in an eight-inch party wall. 1 1. Insolated brick piers shall be built of good, hard. Brick piers and columns. well-burnt brick and under all lintels, girders, iron and other columns, .shall have a stone template, a cap stone at least eight inches thick, the full .size of the pier. Columns supported by brick walls or piers shall rest upon an iron plate at least one inch thick, or upon a cap stone, at least eight inches thick, of a size satisfac- tory to the fire manshal. Under iron columns shall in all cases be an iron plate of not less than one inch in thickness. Every brick pier shall have one or more Floor beams and rafters. Templates under iron girders. Flat roofs and floors, how- constructed. 160 REVISED CHARTER OF binders built therein of stone, not less than seven inches thick ; these binders shall be full size of the pier. The distance between any two binders or between either of them and the capstone or base of the pier shall not ex- ceed four feet. 12. Floor beams shall have a bearing of at least four inches at each end. Every trimmer or header more than four feet long used in an}^ building except a dwelling, shall be hung of stirrup irons, of suitable thickness for the weight to be supported. The butts or ends of all floor beams and rafters entering a brick wall shall be cut on a splay of three inches in their width. All main partitions supporting in any manner the floor beams or rafters shall be placed directly over each other, and shall rest on a wall, girder or hardwood capping, and shall head and foot against each other as far as practicable. Roof or floor timbers entering the same party wall from opposite sides, shall have at least four inches solid brickwork between the ends of said timber. Under the ends of iron girders resting in walls, a stone template shall be built into the wall not le.ss in width than four inches less than the thickness of said walls, and not in any case less than four inches in thickness, and eighteen inches long. Iron wall plates may used in place of such templates, not less than one inch in thickness. 13. Flat roofs shall be constructed to bear a safe weight, exclusive of materials, of not less than fifty pounds per superficial foot. Floors (except attic floors) shall be constructed to bear a .safe weight, per superficial THE CITY OF SYRACUSE. l6l foot, exclusive of materials, as follows ; For dwelling- houses, tenement-houses, apartment-houses, hotels, boarding-houses and stables, not less than seventy pounds ; ordinary school- room and rooms for light me- chanical purposes, not less than one hundred pounds ; theatres, public halls, churches and all rooms liable to be crowded with people, not less than one hundred and tw^enty-five pounds; stores, factories, mills and busi- ness buildings, not less than one hundred and fifty pounds ; storehouses, warehouses, machine shops, arm- ories and drill-rooms, not less than two hundred and fifty pounds. No floor .shall be loaded with a greater weight than that above assigned to its class, unle.ss it shall have been previously examined by a competent architect, civil engineer, or master builder not inter- ested in the construction of the building, who shall give a certificate of the weight per square foot such floor can .safely sustain, a ’copy of which certificate .shall be posted in a conspicuous place above or adjacent to such floor, and the weight therein named shall in no case be exceeded. No penson shall load any floor to a greater degree than the above named, or shall remove any cer- tificate posted as above. 14. No roof within the first building district shall be Roofs in first built more than twenty feet in height from the top street wall, nor .so as to make the total height of the building over fifty-five feet, except it be constructed of non-combustible material, unle.ss its pitch is at a le.s.s angle with the horizon than ten degrees ; and all the exterior parts of any building hereafter erected, which 11 62 REVISED CHARTER OF Cornices. Roof projections. Scuttles and ladders. Skylights. are more than forty feet above the level of the finished grade, shall be made of or covered with non-combusti- ble material Incombustible cornices shall be well secured to the walls ; and in all cases the walls shall be carried up to the planking of the roof behind the cornice, and where the cornice projects above the roof the wall shall be carried up to the top of the cornice, and all exterior wooden cornices, on brick, stone or iron buildings that shall hereafter require to be replaced, shall be constructed of some non-combustible material, as required for new buildings; and every exterior wooden cornice or gutter on brick, stone or iron build- ings that may hereafter be damaged by fire to a greater extent than one-half of the whole thereof shall be taken down, and if replaced shall be constructed in accord- ance with the provisions of this act. Structures or pro- jections above or outside of the roof of buildings over sixty feet high shall be made, constructed, framed and covered with incombustible material. Buildings shall have scuttles not less in size than two by three feet, or bulkheads and doors on the roof, and shall have sta- tionary ladders or stairs leading to the same, and such scuttles and ladders shall be kept so as to be ready for use at all times. The skylights of all brick or stone buildings shall have the frames and sash made of or covered with metal ; and shall be glazed with glass not less than one-quarter of an inch thick. Chimneys and 15* Chimneys shall be built of well-burned brick, stone or iron. Brick flues shall have joints filled and struck. Iron pipe if used must be inclosed in a brick Till-; CITY OF SYRACUSE. 163 flue, or in an outer pipe of non-combustible material, with a space between of not less than one inch, and all joints in such pipes must be thoroughly filled with fire clay or incombustible cement ; brick chimneys must have outer brick walls at least four inches thick. Out- side walls of flues not over one hundred inches in area for ranges, furnaces, boilers and ovens, shall be of at least six inches, if of greater area, of at least eight inches thickness of brickwork. Brick flues, not start- ing from the foundation walls, shall be securely built into the brickwork of the walls to which they are hung. In no case shall chimneys rest upon any flooring. The brickwork of an isolated chimney shall not be carried over more than three-quarters of an inch to each course of brick, not* so far as to throw the center of gravity of said chimney outside of the base thereof. Flues shall be topped out at least three feet above the roof. Hearths of Hearths, fire- places, etc. fire-places or grates shall be laid upon incombustible sup- ports. Wooden centering, supporting a trimmer arch, shall be removed before plastering underneath. Brick- work back of all grates, fire-places and ranges shall be not less than eight-inches thick ; and when it adjoins a wooden or stud partition, shall have at least two four- inch walls with at least a two-inch air space between. No floor timber shall be secured to the brickwork of any flue. Smokepipes in buildings having combustible smoke pipes, floors or ceilings, shall enter flues at least twelve inches from floors or ceilings ; and where they pass through stud or wooden partitions, whether plastered or not, shall be guarded by a double collar of metal, with at *So in the original. 164 REVISED CHARTER OF Furnaces and Registers. Wood work, protection of. least a four-inch air space and holes for ventilation, or by a soapstone ring at least four-inches in thickness, extending through the partition ; metal funnels carried through furring or studding, shall be filled around with brick or stone, for at least six inches out from the pipe. The smoke-pipe of any hot air, steam, hot water or other furnace, passing beneath wooden beams or ceil- ings, the woodwork shall be protected by a suitable tin shield. Tops of furnaces set in brick shall be covered with brick so as to be perfectly tight, and the tops of portable furnaces shall be at least one foot below any wooden beams or ceilings. Registers connected with hot air furnaces shall be set in non-conducting incom- bustible borders at least two inches wide. Register boxes shall be made of tin plate with a flange on the top to fit a groove in the border. There shall also be an open space of not less than one inch on all sides of the register box (extending in floor registers from the underside of the ceiling, below the register, to the border in the floor) the outside of said space to be cov- ered with a casing of tin plate, made tight on all sides, to extend to and turn under the said border. Regis- ters of fifteen by twenty-five inches or more, shall have a space of not less than two inches. All woodwork near all tin or other metal flue or pipe used or to be used to convey heated air, shall be protected by a soap- stone or earthen ring or tube, or a metal casing so con- structed as to permit free circulation of air around said pipe or flue. Stoves shall be placed at least twenty inches and smoke-pipes at least twelv^e inches from any THE CITY OF SYRACUSE. 165 unprotected woodwork. Woodwork within said dis- tances shall be protected by metal covering, and if within less than one-third of said distances, shall have a double metal covering with ventilating air space be- tween. Open fire-places, heaters, cooking ranges, set- Foundations for fire-places, kettles and the like, shall have fire proof foundations, heaters, etc. with fire-proof hearth extending not less than sixteen inches from the grate or ashpit. No brick structure to contain fire shall be allowed on a wooden floor in any building. The provisions of this section shall apply to buildings already erected, if found necessary and or- dered after examination of the premises, by the fire marshal. No heater shall be used in any room where Heaters and lights, use of, hay, straw, or highly inflammable materials are kept or restricted, stored, unless properly protected ; no lights, except gas, shall be used in such room unless contained in a glass globe, lantern or chimney. Steam pipes shall be kept steam pipes, at least one inch from all woodwork, or shall be sup- ported by an incombustible ring or tube, or rest on iron supports. Depositories for ashes in the interior of any Ashes, building shall be built of incombustible material. If any chimney, flue, or heating apparatus, shall, in the opinion of the fire marshal, be unsafe by reason of en- Notice to own- . , . , ^ „ ers of unsafe dangermg the premises by fire or otherwise, the fire chimneys, etc. marshal shall at once notify in writing the owner, agent or other party having an interest in said premises, who upon receiving said notice, shall make the same safe in pursuance of the terms of said notice. REVISED CHARTER OF Boiler houses and boiler rooms. Roofs of floors. Doors. Stationary- boilers. Woodwork therein. 1 66 1 6.* Boiler-houses and boiler-rooms in woodworking establishments, or where inflammable materials are used, or where shavings or highly inflammable fuel is used, shall be inclosed with brick, stone or concrete walls, or iron studs, filled with concrete. Roofs or floors over such boiler-rooms shall be made of iron, brick, stone or concrete arches or slabs, or if of wood, shall be protected with fire-proof tile or plastered on iron laths, or wire netting, or covered with metal. The doors to such rooms shall be of iron, or of wood covered with metal, and have an opening in said door glazed with not less than one-quarter inch thick glass, and shall be kept securely shut, except during working hours. The floors of rooms containing stationary boilers shall be made of incombustible material for at least ten feet in front, and for such distance on the sides and rear as may be required by the fire marshal. Wooden floors under portable boilers shall have close protection of incombustible material. No woodwork shall be placed within one foot of such boiler or smoke pipe, or within six feet of the front, four feet of the sides, top, rear or smoke conductor, unless protected by fire-proof tiles at least one-half inch thick, or by being plastered on iron laths or wire netting, or by metal sheathing with at least one inch air space be- tween the wood and metal ; the overheads immediately over hot water or low pressure steam boilers, used ex- clusively for heating, if within four feet of the top thereof, may be plastered on wooden laths, or sheathed *As amended by chap. 288 of the Laws of 1891 and chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 167 with metal. Rooms for drying lumber or other inflam- Rooms for drying lumber mable material heated by direct heat from the top of boilers, shall be constructed and roofed and have doors as described for boiler-houses. All cellars, yards and Combustible materials. alleys shall be kept clean and free from straw, shav- ings, litter, rubbish or other combustible material. 17.* Every building already built or hereafter to be Fire escapes. erected in which twenty-five or more persons shall occupy any of the stories above the second story, shall, unless exempted therefrom by the fire marshal, be provided with one or more, as may, in the judgment of the fire marshal be necessary, proper and sufficient, strong and durable metallic fire-escapes or stairways constructed as follows ; On the outside of such build- How con- structed. ing, connected with each floor above the first, well fastened and secured, and of sufficient strength, hav- ing landings or balconies not less than six feet in length and three feet in width, guarded by iron rail- ings not less that three feet in height, and embracing at least two windows at each story, and connected with the interior by easily accessible and unobstructed openings, and the balconies and landings shall be con- nected by iron stairs not less than twenty- four inches wide, the steps not to be less than six inch tread, placed at not more than an angle of forty-five degrees slant, and protected by a well secured hand rail on both sides with a twelve inch wide drop ladder from Must be ap- the lower platform reaching to the ground ; provided, |Jre''mtr^sha?® *As amended by chap. 288 of the Laws of 1891, and chap. 531 of the Laws of 1893. i68 REVISED CHARTER OF Construction, etc., by fire marshal. Repairs. Stairs or ladders to roof. that any other plan or style of fire-escape shall be sufficient if approved by the fire-marshal; but if not so approved the fire marshal may notify the owner or proprietor or lessee of such building, or the agent or superintendent, or either of them, in writing, that any such other plan or style of fire escape is not sufficient, and may, by an order in writing, served in like man- ner, require one or more fire escapes, as he shall deem necessary and sufficient, to be provided for such build- ing at such location and of such plan and style as may be specified in such written order ; and within twenty days after the service of such order, the number of fire escapes required in such order for such building shall be, either of the plan and style and in accordance with the specifications in said order required, or of the plan and style in this subdivision above described. In case said fire escapes are not provided as above directed within said twenty days after the service of said notice, then the fire marshal may employ labor and procure materials and take such steps as may be necessary for the construction and completion of the same, and com- plete and construct the same at the expense of the owner or owners of said building. Said fire escape shall be kept in good repair by the owner or owners of such building and in default thereof the same may be repaired by the fire marshal after two days’ notice to such owner or owners to repair the same at the expense of such owner or owners and no person shall at any time place any incumbrance upon any of such fire-, e.scapes. Stationary stairs or ladders shall be provided on the imside of each such building from the upper THE CITY OF SYRACUSE. 169 story to the roof as a means of escape in case of fire ; and in case of failure to provide the same by the owner or owners after five days’ notice by the fire marshal, he shall have authority to provide the same at the ex- pense of such owner or owners. 18. In all buildings hereafter built in which shall be placed any hoistway or elevator, not inclosed by fire- proof partitions and doors, nor placed in the well-hole of the stairs," the opening thereof through and upon each floor shall be provided with and protected by a good and substantial railing, and good and sufficient trap-doors with which to close the same, and such trap- doors shall be kept closed during the night time, except said hoistway or elevator shall then be in actual use. In all buildings hereafter to be built within the first building district which shall be occupied by more than fifty persons and which shall be more than three stories in height in which shall be placed an elevator, such e’evator shall be inclosed in fire-proof partitions. 19. Factories, mills and buildings, where more than twenty-five operatives are employed, hotels, boarding, tenement lodging and apartment houses, and business buildings less than fifty feet high not hereafter specially mentioned, shall have the partitions adjacent to or in- closing said stairways constructed of incombustible ma- terial, or of at least two by four studding plastered on both sides and protected as follows : The space from the top of the lathing or head of the partition below to a line three inches above the top of the base-board or six inches above the top of the floor, if there be no base- Hoistways and elevators. Fire proof partitions. Stairway partitions in certain buildings. 70 REVISED CHARTER OF Public halls, churches, &c. Stairs and exits in places of public assembly. board, and the space adjoining the strings of the stairs from the under side of said strings to a line three inches above the base board thereof, or six inches above the rake of the nosings, if there be no base board, shall be filled in solid with brick or stone set in mortar, con- crete grouting, tile or other incombustible filling ; if the stairs are wainscoted there shall be a similar filling three inches above and below the top lines of the wainscoting, and when such buildings are over three stories high, warehouses, storehouses, and business buildings over fifty feet high, such partitions shall be constructed as above described, and shall be further filled solid in a similar manner for the whole height thereof, or be plastered on the sides adjoining the stair- way on iron laths or wire netting, or covered with tile or other incombustible non-conducting material. Pub- lic halls, churches, school-houses, and places of public assembly, not hereafter excepted, and business build- ings shall have stairway partitions constructed as herein described, but unless filled in solid shall be plastered on both sides on iron or wire laths, or be covered with other incombustible non-conducting material. In thea- ter or public halls, fitted for theatrical performances, stairway partitions and inclosures must be substantially incombustible. vStairs occupied by or exits leading from any place of public assembly, shall not have a pitch greater than eight inches rise to twelve inches run, nor discharge at right angles with, or confronting each other, upon or into any common landing or corri- dor of less than the united width of such exits, nor un- less separated by a sufficient railing or partition. No Width of. THE CITY OF SYRACUSE. 17I doorway or stairway leading from a theater or other place of public assembly, shall be less than five feet wide ; and the aggregate width of doorways and stair- ways, from galleries or interior compartments of such buildings, shall be in the proportion of at least eighteen inches to each one hundred persons at any time con- tained therein. Exterior openings or stairways shall doors have the same proportionate width to the whole num- ber contained in the building. All exit doors from theaters or other places of public assembly shall open outward. Buildings over two stories high, where com- bustible articles or materials are manufactured, wherein over two hundred operatives are employed, must have at least two egress stairways to be, if practicable, at least fifty feet apart, and if that distance is not practic- able shall have stairways at each end. 20. Every building or hall which is or shall be fitted i^tand pipes in Up for theatrical or other performances, requiring the use of inflammable materials, stage, and so forth, shall be provided with not less than two stand-pipes at least two and one half inches in diameter, located in such positions as the fire marshal shall approve, to each of which shall be attached one or more lengths of hose or sprinkling pipes, so as to reach every part of such stage and audience room and the connections there- with. And whenever said stage or hall shall be in use, such stand-pipes shall have the water turned on and a suitable person stationed at the hose ready for service. Every building which may hereafter be built inclosed with fire proof for the purpose herein set forth, shall have the stair- 172 REVISED CHARTER OF Wall separating stage from audience room. Overheads beneath floors and auditorium. Churches exempt. Tenement and lodging houses. cases connecting with all floors and galleries inclosed with fire-proof walls or partitions; and the staircase from the stage shall be accessible from every level of its appurtenances. The wall separating the stage from the audience room shall also be of fire-proof material from the level of the ground to the roof, and all openings in such wall shall be closed with incom- bustible shutters or doors or curtains which shall be lowered at the close of each performance. The over- heads immediately beneath the floors of the auditorium , stairways or corridors of public assembly to be hereafter built, shall be plastered on iron laths, or wire netting, or protected by incombustible material, unless such floor be within three feet of the ground and the space thereunder be inclosed by incombustible walls, and kept clear of combustible material or heating appa- ratus. The auditoriums of churches shall be exempt from these requirements, provided the premises there- under be used for church purposes only, and the heat- ing apparatus be inclosed in a room properly guarded against taking fire. 21 .* Tenement and lodging houses shall conform to all the requirements for dwelling houses hereinbefore contained. Every tenement or lodging house shall have proper means of escape in case of fire, and if more than two stories in height, shall be protected with one or more proper and sufficient, strong and durable fire- escapes constructed as required in this act as may in \ *As amended by chap. 288 of* Laws of 1891, and chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 1/3 the judgment of the fire marshal be necessary. No tenement house or lodging house, or any portion thereof, shall be used as a place of storage for any combustible articles, or any articles dangerous to life. No building hereafter erected or portion thereof shall be leased, rented or occupied as a lodging or tenement house, unless it shall conform in its construction and appurtenances to the requirements for dwelling houses hereinbefore contained, and shall not be over two stories high, or two thousand square feet area, unless its exterior walls are brick, stone or concrete. No such house shall exceed two thousand square feet in area, unless divided by a brick wall without openings. No person shall hereafter erect, alter or enlarge any stables must be approved building for a stable, except in such places as the board of health shall first approve. 22. No wooden or frame building shall be built, or wooden buildings in added to if already built, within the first building dis- district, trict, any part of which shall be more than fifteen feet in height, or the area more than two hundred square feet. The roof of all .such wooden buildings shall be covered with incombu.stible material. The fire marshal may authorize the erection of elevators for grain or coal to a greater height than fifteen feet and temporary sheds [not over fifteen feet in height for the use of builders while at work upon building sites. No wooden building shall be removed from without to within the first building district. 74 REVISED CHARTER OF Wooden 23. Woodeii or frame buildings to be used as dwell- buildings m ^ district. inay be built in the second building district, but no part of the wall shall be placed at a less distance than three feet from the line of the lot on which it stands, except from a street line. Wooden or frame buildings other than dwellings, may be built in the second building district, provided such building is not more than thirty feet in height, nor more than twenty- five hundred square feet in area, and shall conform to the regulations prescribed herein for buildings of the same class in the first building district, except that in no case shall such wooden building be erected within three feet of a side or rear line of a lot, unless the space between the studs on said sides or rear be filled in with brick and mortar or other equally incombustible ma- terial. The fire marshal may authorize the erection of wooden or frame churches or chapels in the second building district to a greater height and area than above required. Notices, how served. 24. In all cases where by the provisions of this act, notice is required to be given, such notice shall be served by posting a written or printed copy thereof on the premises concerned, and leaving a duplicate copy thereof at the usual place of abode of the party inter- ested, if within the city, or by mailing such duplicate in a registered letter to the usual address of said party, if residing without the city, or publishing the said notice for three successive days in the newspapers em- ployed to do the city printing. Any notice .served upon the architect or other duly authorized agent in charge THE CITY OE SYRACUSE. 175 of any building or estate, shall be binding upon the owners thereof. Any person violating any provision Penalty ^or of this act wherein no penalty is herein otherwise pre- scribed, shall be fined twenty dollars for every violation thereof, and shall be fined not exceeding twenty dollars for each day’s continuance of the said violation after the service of the warrant issued upon the first com- plaint. Fines recovered for the violation of any of the Disposition of ^ fines. provisions of this act, shall be paid into the cit}" treas- ury, to be credited to the fireman’s relief fund. 25. All acts and parts of acts inconsistent herewith Repeal, are hereby repealed. 26. Buildings and structures belonging to the United e xemptions from act. States, or to this state, are exempted from the opera- tions of this act. § 203. All moneys now in the hands of or belonging :\ioneys* received from to the treasurer of the present fire department of the foi eisn city of Syracuse, and received by him as and for the tax upon foreign insurance companies doing business in said city, as now provided by law shall be paid over to the treasurer of said city, upon his demand therefor, the same to be paid out by him for the use, benefit and relief of sick or disabled firemen of the fire department of said city, upon the order of said board of fire com- missioners and under such regulations as they may from time to time prescribe. And all property and I'roperty . under control effects now in possession of or belonging to the present of council, fire department, purchased or paid for with the taxes heretofore collected from foreign insurance companies. 176 REVISED CHARTER OF Board of police com- missioners. Mayor to appoint com- missioners. Term of office. Board to be non-partisan. Vacancies in office of commissioner filled by mayor. as aforesaid, or from the treasurer of said city, shall be turned over to the common council, to be held and used by them in like manner as other property under the provisions of this act, and actions in the name -of the city of Syracuse may be maintained against said treas- urer of the present fire department, and his sureties, and any other proper parties, to enforce the provisions of this section. TITLE XIII. POLICE COMMISSIONERS AND POLICE DEPARTMENT. ^ 204. The government of the police department of the city shall be vested in a board of four commission- ers appointed as hereinafter provided. § 205. The mayor of said city shall have authority, and he is hereby required, upon the expiration of the terms of office of any of the present commissioners of said department, to appoint a citizen of said city, of good repute, a commissioner for said department for the term of four years, who shall belong to the same political party as the commissioner whom he is ap- pointed to succeed ; and thereafter the said mayor shall have like authority and it shall be his duty to appoint a like citizen a commissioner for a like term upon the expiration of the term of any commissioner hereafter appointed. § 206. If any vacancy in the office of police com- missioner shall occur, other than by expiration of term THE CITY OF SYRACUSE. 177 of office, it shall be the duty of said mayor to appoint a like citizen a ccmmissioner to serve until the expira- tion of the term of the commissioner whose place he is appointed to fill, and of the same political faith as such preceding commissioner, so that the board of police commissioners shall remain and be non-partisan. The To serve without said commissioners shall serve without compensation, ^'ompensation. ^ 207. The mayor of said city is hereby also author- Mayor may remove. ized to remove from office any commissioner of said department for any cause deemed sufficient to himself; but he shall forthwith make and transmit to the com- mon council of said city, to be entered upon their minutes, a statement in writing, signed by himself as such mayor, 01 his reasons lor such removal. council. §208. The said police commissioners shall exercise General powers and the powers and perform the duties connected with and incident to the police government and discipline of said city, as hereinafter more especially provided. §209. The common council of the city of Syracuse Council to provide shall provide suitable rooms in the city hall or el.se- where for the meetings of the commissioners. Such Meetings of ° the board. meetings shall be held at such times and places as shall be appointed by the president of* the board, or a majority of the members thereof, and the attendance of three commissioners shall at all times be necessary Quorum, to constitute a quorum. ^ 210. Said board of police commissioners shall select ^ the Board. from their own number a president who shall hold 78 REVISED CHARTER OF Chief of Polk e his office at the pleasure of the board. to act as clerk of Board. The chief of police shall be ex-officio the clerk of said board, but Clerk to keep shall receive no extra compensation therefor. The record, See. clerk of the board shall keep a record in due form of all the proceedings of the board and perform such duties incident to the office, as the board may require. Board to make appointments. § 211. The board thus constituted shall appoint the policemen and regulate and control the police force of said city. The policemen and officers of the police force now in office, and being forty-two in number, shall continue to be the policemen and officers of the police force, until their successors are appointed, sub- ject to removal as hereinafter provided. Board may §212. The Said board may appoint from time to appoint police- ™u^thorized by sucli additional number of policemen as they shall council. deem necessary, provided they shall be authorized so to do by the vote of three -fourths of all the members of the common council. May appoint §213. The Said board ma}^ also, when deemed nec- special policemen. essary by them, appoint extra policemen, not exceed- ing in number the regular policemen, who shall serve for such time as the board shall deem necessary, not to exceed ten days, on request of the common council ; they shall also in their discretion, at the request of any May appoint society holding pubHc exhibitions in said city, or the men^at re^qiiest proprietor or director of any public exhibition in .said of societies, city, or of the pre.sident of any railway corporation in said city, appoint such number of special policemen as How paid. they may deem necessary ; but the compensation of THE CITY OF SYRACUSE. 179 •Special policemen in all cases shall be paid by the society or corporation or proprietor or director of the exhibition for which the services shall be performed. All special policemen so appointed shall be under the Board to control of the police board. § 214. The policemen shall receive for their services pav of poiice- such compensation as shall be fixed by the board, not exceeding in any case, except as hereinafter provided, the sum of seventy-five dollars per month. §215. The board shall select from the policemen Board shall appoint Chief appointed by them one who shall be chief of police, boBcc. whose duty it shall be, under the direction of the police board, to superintend the police department of said city, of which he shall be the chief executive officer : he shall keep a record in a book of all cases and legal to keep records of proceedings in his department, and of all services per- cases, &c. formed by him and the several policemen : he shall also keep a book to be known as the “ property book,” to keep “ Property in which shall be entered all articles taken from per- book.” sons arrested or seized on warrantor otherwise, together with the disposition made thereof; he shall, at least once in every month, report to the ])oard the state of Report monthly to the department, and whether any member of his force Board, are delinquent in their duties. § 216. The compensation of the chief of police shall pay of Chief of Police. be fixed by the board and shall not exceed one hundred and fifty dollars per month. 217. The board shall also appoint a captain of the Captain of Night Watch. night watch, to be selected from the policemen of said i8o REVISED CHARTER OF Duties. city, who shall, under the direction of the chief of police, perform any services and exercise any control which the chief of police would, in the management Compensation and Operations of the department. The compensation of the captain of the night watch shall not exceed one hundred dollars per month. Detectives. § 2i8. The board may also select out of the number of policemen appointed by them not to exceed seven policemen, who shall constitute a detective force, and who shall receive, in addition to their regular pay, as hereinbefore provided, a sum to be fixed by said board, Compensation, uot exceeding twenty-five dollars each month. The said detective force shall be under the direction of the chief of police. All appointees to take oath. § 219. The chief of police, the captain of the night watch and each policeman and special policeman shall, before he enters upon the discharge of his duties, take Filing of oath, and Subscribe and file in the office of the county clerk of Onondaga county the constitutional oath of office. The chief of police, the captain of the night watch and all policemen shall hold office during good behavior, except as in the next section provided. Tenure of office. Board may ^ 220. The board of police Commissioners, ora major- suspend any ity of them, are herebv authorized to remove irom office member of force. chief of police, the captain of the night watch, or any policeman or detective for any cause deemed suffi- statementof cieiit to them or a majority of them, but they shall reasons for , m r- removal to be forthwith make and transmit to the common council of made to council. city, to be entered upon their minutes, a statement THE CITY OF SYRACUSE. l8l in writing, signed by them, or such majority of them, of their reason for such removal. The board may also, for disobedience of orders or other offense not involving criminal or corrupt conduct, suspend temporarily from duty or pay, or both, any officer or member of the police force. § 221. The members of the police force of said city Powers in criminal cases shall possess, in criminal cases and proceedings, in possessed by every part of the State of New York, all the common law and statutory powers of constables, except for the service of civil process ; and any warrant for search or arrest, issued by the police justice of said city or by any magistrate of the State of New York, may be executed in any part of the State, by any officer or member of the police force of said city, without any indorsement of said warrant and according to the terms thereof. § 222. No fee or compensation other than is herein receive provided shall be charged or received by any policeman or .special policeman for the arre.st, confinement or dis- charge of any prisoner, for mileage, or for serving any warrant or process, or for discharging any other duty required by this act to be performed by him ; but any reasonable and necessary expenses incurred by any policeman in traveling, or otherwise, in the discharge of his duties, shall be paid by the treasurer of the city of Syracuse, on the warrant of the board of commis- sioners aforesaid, and the said board are hereby author- ized to charge to the county of Onondaga, or to the city of Syracuse, as one of the towns thereof, as the case i 82 REVISED CHARTER OF may be, the moneys thus paid, and the same shall be allowed and audited by the board of supervisors of said county, or by the board of city auditors of the city of Syracuse. Nor rewards, §223. No policemau or Special policeman or officer poFiS'board police force shall receive any present or reward for services rendered or to be rendered, unless with the approval of the police board, such approval to be given in writing and filed with the clerk ; and any one of their number who shall receive any fee or reward in violation of this section shall forfeit his office. Salaries, &c., of police department, how paid. § 224.* The salaries and contingent expenses of the police department, office, furniture, fuel, lights, station- ery, printing, advertising, books, policemen’s badges and batons, shall be paid by the treasurer of the city on a warrant of the board. All warrants of said board must be authorized by a vote of the board and signed by the president and clerk thereof. Police shall be §225. The police appointed Under this act shall be uniformed. uniformed police. Board has § 226. The board of police commissioners aforesaid Fui^s,^ shall have power to make such rules, regulations and regulations, by-laws, not inconsistent with the laws of this vState and of the United States, as may be necessary for the gevernment and discipline of the police force and man- agement of the police department. *As amended by chap. 531 of the Laws of 1893. THE CITY OF SYRACUSE. 183 ^227. The common council of said city shall pro- Common council shall vide and keep in order such station-houses, lock-ups ftaUon^houses and other necessary accommodations as shall be re- quired for the use of the police force. TITLE XIV. CITY EXPENDITURES. § 228. No officer of the city or any other person shall common ir council only to have power, and each and every person is prohibited from making any purchase or contracting any debts on the part of the city, unless specially authorized by the common council so to do ; and no account, claim or de- mand of any kind shall be audited, allowed or paid by the common council unless the same was duly author- ized by vote after being examined by the mayor and reported to the common council. § 229. In case any alderman shall vote for any appro- Voting for expenditures priation or for the payment or expenditure of any authorized moneys not authorized by this act or in violation of any of the provisions of this act, every such alderman shall be liable to a penalty of one hundred dollars, to be sued for and recovered in any court by any citizen Penalty. of said city ; and in case the said common council shall contract any debt after the .second Tuesday in March in any year, and before the second Tuesday in March thereafter, which shall remain unpaid for one month after the last mentioned day for want of sufficient funds in the treasury to pay the same, or in case the common Personal liability of Aldermen. Appropria- tions must be specific. Extra com- pensation not allowed. Common council to audit all accounts. Fees for searching records. To be paid into city treasury. Common council to review accounts of previous council. Shall bring suit against aldermen and mayor. 184 REVISED CHARTER OF council shall authorize any expenditure for any pur- pose in such year exceeding the amount they are here- by authorized to raise for such purpose, the aldermen voting for the contracting of any such debt or to author- ize any such expenditure shall also be personally liable to each and every party entitled to payment, but the city of Syracuse shall not be liable to pay the same, nor shall the common council audit or pay any debt so contracted or expenditure so made. § 230. All resolutions adopted by the common coun- cil, authorizing the expenditure of money, shall appro- priate specifically the amount to be expended, and no extra or additional compensation shall be allowed or paid on any contract, or to any officer, person or per- sons, for any services or work done or materials fur- nished to said city. § 231. The common council shall, in such manner and form as they may deem proper, examine, settle and allow all accounts chargeable against the city, as well of its officers as of other persons, except as herein other- wise provided, and shall prescribe the fees, to be paid to any officer of the city for searching the records and files belonging to the city for individual purposes, which fees shall be paid by such officer into the city treasury. § 232. It shall be the duty of each common council immediately to a.scertain the amount of debt contracted by the common council of the previous year ; if the same shall exceed the amount authorized by law, it shall bring an action or actions in the name of the city THE CITY OF SYRACUSE. 185 to recover such amount against the several aldermen who may have voted for the expenditure constituting all or any part of such excess and against the mayor who may have approved the bill, and such moneys when collected shall be paid into the city treasury for the benefit of those entitled thereto. §233. Whenever the common council shall require Contracts in any wbrk to be done or materials or supplies to be fur- nished, the nature of which will admit of competition on the part of those who might do or furnish the same, the same shall be done or furnished, as the case may be, by contract, if an expenditure of more than seventy-five dollars shall be involved, and such contract shall be'^^^ff awarded to the lowest bidder, who shall give one or more sureties to be approved by the mayor for its faith- ful performance. The proposals shall be advertised for Advertise- ment for at least five days in the official papers of the city, and proposals, shall be in such form as the council may prescribe. When the lowest bid in any case shall, in the opinion Lowest bid , . may De of the common council, be too high they shall have the rejected, right to reject it, and direct the clerk to advertise again for the same time and in the same manner for new pro- posals. The common council shall not, howev'er, be Exceptions, required to procure any work to be done, or materials or supplies furnished by contract awarded to the lowest bidder for the purposes named in sections one hundred .and sixty and one hundred and sixty-two of this act. To take and file oath. Official bonds. Additional security. City may bring suit. Officers to take oath and give bonds before. Terms of office, general. 1 86 REVISED CHARTER OF TITLE XV. MISCELLANEOUS PROVISIONS. § 234. Except as otherwise specially provided all officers elected or appointed under the provisions of this act or any amendment thereof shall take and file in the office of the city clerk the constitutional oath of office. § 235. In addition to the officers required by this act to give bonds for the faithful performance of their sev- eral duties and for the accounting for and paying over all moneys by them received, respectively, the common council may require an}' other officer or person who is or may be appointed by them to give like bonds with such sureties as the council may approve, and condi- tioned as the council may direct; and the common council may, whenever it may deem proper, require additional or further security of any officer or person after the giving of the bond first mentioned. The city of Syracuse may sue for and recover for any breach of such bond or bonds. § 236. Except as herein and by law otherwise pro- vided no person elected or appointed to any office under the provisions of this act shall enter upon the discharge of his duties until he shall have taken such constitu- tional oath of office, and the bond or bonds, if any, re- quired to be given by him for the faithful performance of his duties, have been approved. ^ 237. Except as by this act or by any general statute otherwise specially provided, the term of office of all THE CITY OF SYRACUSE. 187 officers elected or appointed under the provisions of this act shall be deemed to commence at the time of the an- nual meeting of the common council on the first Mon- day after the charter election. § 238. If any person elected or appointed to any office under the provisions of this act shall not, within five days after notification of his election or appointment, take and file the required oath of office and execute the security, if any required, the common council may council may treat such neglect or omission as a refusal to serve, de- and mf vacancy. dare the office vacant, and proceed forthwith to fill said vacancy as in this act provided. § 239. The common council shall determine and pre- Council to fix compensation. scribe the compensation to be paid to any officer elected or appointed under this act, not otherwise herein pro- vided for ; and the compensation fixed by this act, or by the common council, for the several officers shall l)e in full for all services which said officers shall respect- ively perform for said city in any and all capacities. All fees and perquisites received by such officers shall All fees to be paid to citv except as herein otherwise specially provided, be paid measurer. ' into the city treasury for the benefit of the general fund. §240. The common council may prescribe the form of affidavit to be sworn to and annexed to bills against the city, and the time and manner of auditing and paying accounts again.st the city and the salaries of city officers. 88 REVISED CHARTER OF False ■swearing deemed perjury. § 241. Any person required to take or who may take any oath or affirmation under or by virtue of the pro- visions of this act, who shall willfully swear or affirm falsely to any material fact or matter, under such oath or affirmation, shall be guilty of perjury. School com- § 242. No scliool Commissioner shall be interested in niissionersand aldermen any work done or supplies furnished in pursuance of co?trac?s^&c. uction of the board of education; nor shall any alderman be interested in any work done or supplies Penalty. furnished in pursuance of any action of the common council. Any person violating any of the provisions of this section shall forfeit and pay the sum of one hundred dollars, to be sued for and recovered by any citizen or officer of the city. Citizens § 24^. No person shall te disqualified from actinv as qualified to act - ‘to r ^ 'i & in city suits, judge, juiw, witness or justice, by reason of being an Exemption from arrest on election day. inhabitant or freeholder in the city of Syracuse, in any action or proceeding in which the city is a party or interested. No person entitled to vote at any election held under this act shall be arrested on civil process within said city on the day on which such election shall be held. Judgments against city may be appealed. § 244. If judgment in any action shall be rendered against the city, by any justice of the peace, or in any court, such judgment may be removed by appeal to the proper court in the .same manner and with the same effect as though the city were a natural .person, except that no undertaking on appeal shall be neces- .sary to be executed by or on behalf of the city. THE CITY OF SYRACUSE. 189 §245. Any judgment rendered against, or JudR^ments m imposed upon, any defendent in any action or proceed- ing brought upon or instituted in pursuance of this act, or under the provisions of any ordinance, by-law or resolution made in pursuance of the provisions of this act, may be enforced by warrant or execution, to be issued to any constable or policeman of the city upon the rendition of such judgment or imposition of such penalty. If the defendant in such case has no goods Judgment or chattels, lands or tenements, whereof the judg- imprisoned, ment can be collected, the execution shall require the defendant to be imprisoned in the jail of Onondaga county for a term not exceeding thirty days. §246. Whenever any written charges shall be pre- sented against any officer of the city (except as other- officer^, wise herein provided), for incapacity, official miscon- duct or other offense, specifying the same, the common council .shall cause a copy of the same to be served upon the party cliarged at least five days before the hearing of the same, with a notice of the time and place of the hearing thereof. At the time and place Council to hear evidence. Specified in said notice, tlie common council shall pro- ceed to hear the evidence offered and determine said charges. If the same are not sustained they may dis- council to . 'll 1 • determine. miss the same, or it sustained, they may by resolution remove such officer and declare such office vacant, and proceed to fill the vacancy as herein provided. No person shall be removed unle.ss by the affirmative vote Two-thirds (to be taken by ayes and nays) of two-thirds of all the remov^e. members elected to the council. Nothing herein con- ^^^'mers ^ exempted. 90 REVISED CHARTER OF tained shall authorize the removal of the mayor, aider- man, police justice or any justice of the peace of said city. Repeal of by- §247. The conimou couiicil may, by a two-thirds laws and ordinances. vote of all members elected to the council (taken by ayes and nays), and not otherwise, repeal any by-law or ordinance which may be passed by said common council under the provisions of this act. Hold one office § 248. No person shall, at the same time, hold more than one of the offices created or authorized by this act. Officers to § 249. All persons in office at the time of the passage terms. of this act, whether elected or appointed, shall con- tinue to hold their respective offices for the balance of the terms for which they were respectively elected or appointed. Liability for § 250.* The city of Syracuse shall not be liable in a injuries. civil action for any injury or damage resulting from any defect or improper condition in or upon any street Notice of. or sidewalk, unless written notice, .specifying the time, place, and cause of such injury, or damage shall be served on the mayor or city clerk within six months after the injury or damage was received, nor unless an action shall be commenced within one year after the Commence- service of sucli iiotice. No action to recover or enforce ment of action. any such claim against the city .shall be brought until the expiration of forty days after the claim .shall have been presented in the manner and form above provided*. *As amended by chap. 449 of the Laws of 1888. THE CITY OF SYRACUSE. I9I §251. The common council of the city of Syracuse Charter elec- tion in 1885. shall, in due season, prior to the election for city and ward officers in and for the year eighteen hundred and eighty-five, take all necessary measures and make all due and needful provisions for the holding of the char- ter election in that year, and the election of all cit}^ and ward officers, required to be elected at such elec- tion under the provisions of this act, including the ap- pointing of inspectors of elections. Such provisions shall conform as nearly as may be to the general statutes of the State regulating the appointment of inspectors, the registry of voters and the holding of elections. §252. The intention being that this act shall be a aii former laws repealed. substitute for and take the place of the present charter of said city, and all local laws relating to all or any of the matters in this act provided for, it is expressly de- clared that from and after the time when this act shall take effect, each and all of the provisions of the present charter of said city, and all local laws relating to all or any of the matters in this act provided for, and all acts and parts of acts inconsistent with this act are hereby repealed, but such repeal shall not affect any suits or Exceptions, legal proceedings then pending. § 253. This act shall take effect immediately. ACTS OF THE LEGISLATURE RELATING TO THE CITY OF SYRACUSE. MUNICIPAL COURT. I.AW TO K.STAI5IASH A “MUNICIPAL COUKT OF THF CITY OF SYJIACLISK,” PASSKO APRIL 30, 1803, HKIN(i CIIAP- TFR .343 OF THF LAWS OF 1S93, AS AMKNDKI) MARCH l.'i, 1804, BY CHAPTFR 137 OF THF LAAYS OF 1804. vSkction I. A court of civil jurisdiction, to be called Municipal and known as the “Municipal Court of the City vSyracuse’’ is hereby created and established, in and for said city, with the jurisdiction and powers herein- after provided. Iinniediately after this act .shall take effect there .shall be appointed by the governor two judges, judges of said court, not more than one of whom shall belong to the same political i^arty, whose duties shall be to organize and hold said court in said city as here- inafter provided. § 2. Said judges shall enter upon their duties on Terms of the first day of January, eighteen hnndred and ninety- three, one of whom shall hold office for the term of five years, and the other for the term of six years ; the term of each judge to be de.signated by the governor at the time of making such appointment. Tlie judges appointed or elected, as provided in this act, .shall take oniciai oath, the oath of office provided by law before entering upon their duties, and file the same with the clerk of Onon- daga county. ^ 3. At the annual charter election to be held in .said city, next preceding the close of each term, .said office shall be filled by election, and the j^ier.sons so elected shall hold office for the term of .six years. 94 LEGISLATIVE ACTS. Vacancies how filled. Removal of constables. Marriages. Services of constables. Power to take oaths, &c. Oath of office. Eligibility to office. Husiness hours. Division of Court. § 4. Whenever a vacancy shall occur in said office the same shall be filled by election at the next annual charter election held in said city, and the person so elected shall hold office for the term of six years ; provided, however, that if such vacancy occurs more than .sixty days next previous to such election, the same may be filled by the governor, the appointee to hold office until the first day of January next follow- ing such appointment. § 5. The judges of .said court shall have power to remove any constable of said city upon the same com- plaint as is provided by law for the removal of a con- stable of a town. The .said judges shall associate together to hear and determine the same, and the same proceedings shall be had by and before them as are provided by law to be had by and before three justices of the peace of a town for the removal of a constable. The judges of said court are hereby authorized and empowered to solemnize the rights of marriage. They shall also have power to take oaths and acknowledg- ments with the same force and effect as a justice of the peace. The said judges or either of them may command the services of any constable of said city to enforce the authority of said court and to maintain the peace. § 6. The judges elected or appointed as provided in this act shall before entering upon their duties, take the oath of office pre.scribed by law, and file the .same in the office of the clerk of the county of Onondaga. § 7. No person shall be eligible to the office of judge of said court, unle.ss he be a re.sident elector of the city of Syracuse, and has been an attorney and counselor of the supreme court of the State of New York for three years. § 8. The court .shall be opened for the tran.saction of bii.sine.ss each day in the year (Sundays and legal holi- days excepted,) and .shall be held by one of the judges thereof. Whenever, however, the necessities of 1 )usi- ness recpiire, the .said court may be held in two ])arts or divi.sions at the .same time. LEGISLATIVE ACTS. 95 § 9. The common council of said city shall provide Duty of suitable rooms, light, fuel, furniture, necessary blank- council, books, blanks and stationery, for the use of said court, and shall provide for the payment of the salaries of the judges and clerks thereof, and any other neceSvSary expenses of said court. § 10. The said court vShall have jurisdiction of following actions and proceedings whether commenced by summons, warrant, attachment, requisition or other process : 1. An action to recover damages upon, or for a actions , . r • 1 ^ 1 1 upon contract. breach 01 contract, express or implied, other than a promi.se to marry, when the sum claimed does not ex- ceed five hundred dollars. 2. An action to recover damages for a personal in- Damages for jury, or an injury to property, where the sum claimed does not exceed three hundred dollars. 3. An action upon a bond, conditioned for tlie pay- Upon bona, ment of money, where the sum claimed to be due, does not exceed five hundred dollars; the judgment to be rendered for the sum actually due ; where the sum secured by the bond is to be paid by installments, an action may be brought, for each installment as it be- comes due. 5. An action upon a .surety bond, taken in said court, or by any justice of the peace. 6. An action upon a judgment rendered in .said court, or in a court of a justice of the peace, or in a di.strict court of the city of New York, or in a justice court of a city, being a court not of record. 7. An action to recover one or more chattels, with or without damages, for the taking, withholding or detention thereof, where the value of the chattel, or of all the chattels, as .stated in the affidavit, made on the part of the plaintiff, does not exceed five hundred dollars. 196 LEGISLATIVE ACTS. Judgment on confession. Fraud in sale or purchase of property. Attachment actions, com- menced by. Summary proceedings. Mechanics and other Liens. Bastardy proceedings. Penalties. Other actions. Court cannot take cogniz- ance of certain actions. 8. To render judgment upon the confession of a de- fendant or defendants, as prescribed in title six, chapter nineteen of the Code of Civil Procedure, where the sum confessed does not exceed one thousand dollars. 9. In an action for damages for fraud in the sale, purchase, or exchange of pensonal property, if the dam- ages claimed do not exceed five hundred dollars. 10. In an action commenced by attachment, pursu- ant to the provisions of article four of title two of chap- ter 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 of chapter eighteen of the Code of Civil Procedure, to recover possession of land and to remove tenants and others therefrom. 12. In actions or 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 justices’ courts 13. In proceedings in cases of bastardy, brought by the overseer of the poor of the city of Syracu.se, or by the superintendent of the poor of the county of Onon- daga. 14. In proceedings to recover a penalty for the viola- tion of any ordinance of the city of Syracuse. 15. In any other action or civil proceeding of which justices of the peace of towns now have jurisdiction. § II. But such court cannot take cognizance of a civil action in either of the following cases : I . Where the title to real property conies in (question, as prescribed in title three of chapter nineteen, of the Code of Civil Procedure. But when such (pie.stion ari.ses, the pleadings and practice shall be the same as are now jirovided by law, for justices’ courts, in regard thereto. LEGISLATIVE ACTS. 197 2. When the action is to recover damages for false imprisonment, libel, slander, criminal conversation, seduction or malicious prosecution. 3. Where, in a matter of account, the sum total of 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 administrator as such. § 12. Said court shall have the same jurisdiction .Lirisdiction over the persons of defendants, as is now possessed by of^defJndants. justices’ courts of towns, pursuant to the provisions of section twenty-eight hundred and sixty-nine of the Code of Civil Procedure, and for the purpose of con- ferring jurisdiction of the person, the said city of Syra- cuse shall be deemed a town, and said court a justices’ court thereof. § 13. Process sliall be made returnable before said r'rocess. court, by its proper title, and shall be substantially in the forms and returnable within the times ])rescribed for courts of justices of the peace, and shall be signed by a judge, or clerk or deputy clerk of said court. § 14. The process, service of the same, appearances, practice, pleadings, and proceedings in said court and ’ in appeals therefrom, judgments by confession, offers to compromise, fees, costs and disbursements, shall, except as hereinafter otherwise provided, be governed by the provisions of the Code of Civil Procedure in regard to courts of justices of the peace including the provisions of chapter four hundred and fourteen of the laws of eighteeen hundred and eighty-one, and the acts amendatory thereto in relation to the service and making of verified pleadings in justices’ courts. The precept, practice, pleadings and appeal, in snmmary ])roceedings shall be governed by the provisions of the Code of Civil Procedure relating thereto. Proceedings and practice in cases of bastardy and appeals therefrom, shall be governed by the provisions 198 .EGISLATIVE ACTS. Rules of practice, alterations of. Appearance of attorney. Discon- tinuance of actions. Opening defaults and directing verdict. Motions and orders. of the Code of Criminal Procedure relating thereto ex- cept that such proceedings may be held and conducted before either one of the judges of said court, with the same force and effect as if two magi.strates were present. The judges of said court may, from time to time, make, alter and amend rules of practice, not incon.sistent with the provisions of law. Such rules or alterations, or amendments thereof shall not take effect, however, until a copy thereof signed by both of the judges of said court, and indorsed with the approval of a justice of the supreme court of the fifth judicial dis- trict, shall have been filed in the office of the clerk of Onondaga county, and until such cop}" with said indorsement, shall have been published for at lea.st ten days in one of the daily newspapers, published at the city of Syracuse, in which city notices are published. The appearance of an attorney and counselor-at-law of the supreme court of this state, on behalf of any party to an action or proceeding pending in said municipal court, may be made by filing with the clerk of said court a notice of appearance, and shall have the same force and effect as if such appearance had been made in a proceeding pending in the supreme court. Any action or proceeding pending in .said court may be discon- tinued by filing with the clerk of said court a stipu- lation to that effect, signed by the parties or their attorneys, and by paying said clerk all the fees of said court, including constable fees. In such a case judg- ment of non-suit need not be rendered. The court shall have power to open defaults, and, in an action tried by a jury, to direct a verdict, and the judge before whom a trial is had, shall have power to grant a new trial of the action or proceeding for any of the reasons specified in section nine hundred and ninety- nine of the Code of Civil Procedure, upon such terms as may be just. It, or the judges thereof may also entertain motions and make orders in any action or proceeding of which it has jurisdiction, in the same manner as the .same may be done in the supreme court. If notice of a motion or of any other proceeding, before the court or a judge thereof is nece.ssary, it shall be served upon the party or his attorney at lea.st five days before the time appointed for the hearing, unle.ss the LEGISLATIVE ACTS. 199 court or a judge thereof, upon an affidavit showing grounds therefor, makes an order to show cause why the order should not be granted, and in the order directs that service thereof less than five days before it is returnable be sufficient. A motion for a new trial be upon the minutes must be made within seven days rendered, after judgment is entered. Judgment upon the trial of an action on the merits must be rendered within ten days after the same has been finally submitted. Every Actions, etc., action and proceeding brought in said court shall be called, called at the time specified in the mandate or process by which it is commenced, or as soon thereafter as the business of the court will permit, and section twenty- . eight hundred and ninety-three of the Code of Civil Procedure shall not apply to such action or proceeding. § 15. And all the powers now given by the Code of Civil Procedure or by statue to justices of the peace of towns, to issue executions, or to give transcripts are hereby given to the judges, clerk, or deputy clerk of said court. § 16. A judgment of said court .shall be, in all judRinentR respects the same as a judgment rendered by a justice of the peace of towns, and all provisions of the Code of Civil Procedure in relation to filing tran.scripts of such judgments, and docketing the same, in the office of the clerk of Onondaga county, or of any other county, and the effect of such judgment, when .so docketed shall in all respects be the same as if .said judgment was recovered before a justice of the peace of a town. But such judgment shall be a lien and remain in force for the same length of time as a judgment originally recovered in the county court. § 17. The court may, in its discretion, grant one or Adjournment more adjournments of the trial of an action or the hear- ing of a motion or other proceeding, for such times and upon such terms as it may deem just, unless the defendant has been arrested, in which case no adjourn- ment .shall be made without the consent of the defend- ant. Subject to the approval of the judge of the court, any action or special proceeding may be adjourned Proceedings supple- mentary to execution. Court fees in civil action. 200 I.E(;iSLATIVE ACTS. after issue is joined by a stipulation signed by the parties or their attorneys, and filed with the clerk of the court. § 1 8. Proceedings supplementary to an execution against property, as regulated by the Code of Civil Procedure, may be instituted before a judge of this court in any case where the judgment sought to be enforced was rendered therein. For this purpose the judge shall have all the powers conferred by law upon county judges, and appeals may be taken from an order granted therein in the same manner and to the same court as if the order appealed from had been granted by a county judge. § 19. There shall be paid to the clerk or deputy clerk of said court, the following sums only as court fees in a civil action. Upon the issuing of a summons, one dollar ; upon the return day, if judgment is to be taken by default, or if issue is joined (1) if such judg- ment is rendered, or the amount demanded in the com- plaint is for a sum less than twenty-five dollars, fifty cents ; (2) if such judgment is rendered or the amount demanded in the complaint is for the sum of twenty- five dollars or over, one dollar ; for the trial of an action by the court, if issue joined, one dollar and fifty cents ; for the trial of an action by a jury, two dollars and fifty cents ; for each order, warrant, subpoena (including all the names inserted therein), execution, requisition in an action for a chattel, transcript, or for drawing a bond or undertaking, twenty-five cents ; for each adjournment, after the second regular adjournment, twenty- five cents ; for hearing an application for a commission to examine one or more witnesses, or for an order for such commission, and for attending, settling and certi- fying interrogatories, or for hearing an application to discharge a defendant from arrest, or to vacate or modify a warrant of attachment, or to increase the plaintiff’s security thereupon, fifty cents ; for making a return upon an appeal from a judgment, or order, two dollar3. And in addition thereto there shall be .paid, before the return is filed with the appellate court, six cents for each folio of one hundred words contained in said re- LE(;iSLATIVE ACTS. 201 turn, in excess of fifty folios. In sninmary or special proceedings, including bastardy proceedings, the fees shall be the same as are now allowed by law to justices prepayment and justices’ courts. The clerk or deputy clerk shall require the prepayment of all such fees. Provided, Proviso, however, if any person shall satisfy one of said judges, by affidavit, which affidavit must be in writing and filed with the court, that he has a good and meritorious cause of action against another within the jurisdiction of said court, and that he has made a personal demand for the payment thereof of the debtor, and that such pay- ment has been refused, and shall therein also state the name and residence of the debtor, and the amount due over and above all legal set-off, and that the applicant is unable to pay the fees therefor, the judge to whom such affidavit is presented may, in his discretion, indorse on such affidavit directions to the clerk or deputy clerk to issue the proper writ in tlie case returnable before the other of said judges without charging for court fees, but the applicant in such case shall pay in advance the fees of the constable for serving such writ or process. All fees paid into said court or included in any judgment rendered therein, except constable, jury and witness fees, shall belong to the city of Syracuse and no such judgment shall be satisfied until said fees are paid into said court, but fees prepaid by either party recovered by any judgment in ids favor, and paid into the court, shall be refunded to fees”” him. I''ees to belong to city. § 20. In all civil actions and ])roceedings in this court. Costs and fees the successful party shall tax and recover all fees, in- actions, etc, eluding jury, constable and witness fees, ])'dd by him or which he will necessarily incur. In addition tliereto there shall be allowed to a party, in case he has appeared by an attorney and counselor of the sujtreme court (and not otherwise) the following sums as costs : I. For all proceedings before trial, including judg- ment for plaintiff upon default, to the plaintiff, three dollars. 202 LEGISLATIVE ACTS. 2. Judgment for plaintiff otherwise than upon a default, an additional sum equal to ten per centum of the recovery, not to exceed twenty-five dollars. 3. If the plaintiff recovers 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 non-suit is rendered for the de- fendant, without trial, to the defendant, three dollars. 5. If a judgment is rendered for the defendant after trial, to the defendant, five dollars ; and the court, in its discretion, may allow an additional sum not exceed- ing fifteen dollars. 6. A defendant who recovers in said court a judg- ment upon a counter claim therein or obtains a judg- ment for the possession or recovery of chattels sued for therein is entitled, in addition to costs heretofore allowed said defendant, to recover a sum equal to ten per centum upon said recovery, or upon the value of said chattels, not to exceed twenty dollars. 7. No costs or fees shall be allowed or recovered in an action brought upon a judgment of this court, un- less such action be brought more than five years after the recovery of the judgment sued on. 8. Costs upon a motion in an action or other pro- ceeding, not exceeding three dollars may be awarded either absolutely or to abide the event of an action or [)roceeding, to any party, in the discretion of the court or judge. vSuch costs or costs awarded under section twenty-two of this act, as amended, may be included in the final judgment, or if not so included may be enforced in accordance with the provisions of section seven hundred and .seventy-nine of the Code of Civil Procedure. LEGISLATIVE ACTS. 203 § 21. Any judge holding said court, while is ses- sion, shall have the same powers to preserve order and to punish for contempts committed in his presence as Punishment are possessed by judges 01 courts 01 record ; providing, however, that an appeal may be taken from an order adjudging a person in contempt, to the county court in the same manner as an appeal from a judgment. And pending the determination of such appeal the person adjudged in contempt, if he .shall be imprisoned, may be admitted to bail by any judge of said court or of the county court in such an amount, and by an undertak- ing in such form and terms and with such sureties as shall be approved by such judge. § 22. Appeals ma}^ be had from any judgment rend- Appeals from ered in .said court to the county court of Onondaga gmen s. county in the .same manner and with the like effect as appeals are now had by law from judgments obtained in ju.stices’ courts except as otherwi.se provided herein. Appeals may also be had to the .same court from an order granting a motion for a new trial. Such appeal iiiii.st be taken within three days of the making of the order appealed from. It shall be taken in the .same manner as an appeal from a judgment, and all siib.se- quent proceedings therein .shall be conducted, as near as may be in a like manner as in such an appeal. The appellate court may grant co.sts, not ex- ceeding ten dollars, to the successful party on such an appeal. The order of the appellate court .shall be remitted to the municipal court to be enforced. For the purpose of an appeal to the supreme court, the or- der of the county court of Onondaga county made on appeal from an order, shall be deemed an order of said county court, except that the order or judgment made in the supreme court shall be certified and remitted to the municipal court to be enforced. Upon an appeal from a judgment, the appellate court, upon its reversal may, in its discretion, order a new trial before either of the judges of the municipal court, at a time designated, and in such a ca.se the costs of the appeal .shall be in the discretion of the appellate court. Any 204 LEGISLATIVE ACTS. Costs to perfect appeal. Clerk and deputy clerk. Docket of court. Certified copies. Duties of clerk and deputy. decision or opinion in writing filed by the court or either of the judges thereof, .shall upon an appeal, be returned as a part of the record of the proceedings. Co.sts required to be paid to perfect an appeal, under .section three thou.sand and forty -.seven of the Code of Civil Procedure, shall not include the co.sts awarded a party under .section twenty of this act as amended, but upon judgment affirming the judgment appealed from such costs may be included therein, except that the per centum allowed under subdivisions two, three and six of .said section twenty of this act, .shall be computed upon the amount of damages awarded (or the value of the chattels recovered) in the judgment of the appellate court. § 23. Said court .shall have a clerk and one deputy clerk to be appointed by .said judges, such appointment to be in writing and filed with the clerk of Onondaga county. Said clerk and deputy clerk shall take the usual oath of office and file the same with said county clerk and shall hold said office during the pleasure of .said judges, and .shall each give bail for the faithful performance of his duties in such form and for such sum with such surety as shall be approved by .said judges and file the .same with the treasurer of .said city. It shall be the duty of .said clerk and deputy clerk to keep in the docket of .said court a complete and accur- ate record of all proce.sses issued and returned to said court, and of all proceedings in any action or proceed- ing brought in .said court, and to enter therein the jiulgment and decision of .said court, and .said docket .shall be evidence in the courts of this .state the .same as the docket of the justice court. The .said clerk may make and certify in the form provided by law for clerks of courts of record of this state, copies of the entries in said docket and of all papers filed in .said court, and said clerk and deputy clerk shall have power to take oaths and acknowledgments, the same as a justice of the peace, and .said clerk or deputy clerk .shall keep an accurate account of the fees received, and from whom and the time of receiving the .snme, and fit the end of each month .shall deposit tlie amount thereof LEGISLATIVE ACTS. 205 with treasurer of the city of Syracuse, together with a detailed statement of the items thereof, which state- ment shall be verified by the said clerk or deputy clerk, to be true and correct, and to embrace all the moneys paid into said court or received by said clerk, or by said deputy, during the period covered by said state- ment. It shall akso be the duty of said clerk or deputy clerk whenever required by said judges, or either of them, to take stenographic notes or minutes of any trial had in said court for the convenience and use of said judge or judges. The said clerk or deputy clerk powers to shall have the power, in the absence of the judges of said court, to adjourn an action or proceeding return- able or pending before said court, for a period not longer than eight days at a time. The court shall have official seal an official seal, to be furnished by the city on which shall be engraved the words “ Municipal Court of Syra- cuse ” — “seal”. The clerk of the court shall have the custody of such seal, and any certificate made by him under his hand and seal of the court of any fact or matter to which, by this act, he shall be entitled to Certificates certify, shall be received in evidence in all courts and places, and be of the same force and effect as if the court were a court of record. § 24. Said judges shall each be paid in monthly pay- salaries, ments an annual salary of the sum of twenty-five hun- dred dollars, and shall receive for his own use no other compensation for services as judge of said court. Said clerk shall be paid in monthly payments an annual sal- ary of one tliousand dollars, and shall receive no other compensation for services as clerk of said court, and said deputy clerk shall be ])aid in monthly payments an annual salary of six hundred dollars and shall re- ceive no other compensation for services as such deputy cierk of said court. § 25. From and after the passage of this act, no justice of person shall be elected to the office of justice of the ffi city*! peace in said city of Syracuse, and all acts and parts of acts inconsistant with this act, and all provisions of the charter of the city of vSyracuse in relation to justices’ courts in said city inconsistant with this act are hereby repealed. 2o6 LEGISLATIVE ACTS. May discharge duties of police justices Charge to jury. § 26. Either judge of said court may, in case of the absence from the city or disability of the police justice of said city, and if required, shall exercise all the powers and discharge all the duties of said police jus- tice as required by law. § 27. It shall be the duty of said judges, or either of them, to charge the jurj^ on questions of law when- ever required by any party to an action or his attorney. § 28. None of the provisions of the act of 1894 shall apply to any action or special proceeding commenced in said municipal court before it takes effect. § 29. The act of 1894 shall take effect immediately. LEGISLATIVE ACTS. 207 WATER. LAW TO KSTAIiLISH AND MAINTAIN A WATER DEPART- MENT IN AND EOR THE CITY OE SYRACUSE, BEING CHAPTER 2‘>1 OETHE LAWS OF 1«89 AS AMENDED BY ( HAPTER 314 OF THE LAWS OE 1890 AND CHAPTER 21 OF THE LAWS OF 1892. Section i . Within thirty days after the first Tiies- water com- missioners, day in June, eighteen hundred and eighty-nine, the mayor of the city of Syracuse shall appoint a board of water commissioners to be known as the ‘ ‘ Syracuse Water Board,” which shall at all times consist of six gimiifications and terms of members, residents of said city, three from each of the two principal political parties, the first six commission- ers shall respectively hold office until the first Tuesday in January, one thousand eight hundred and ninety- one, one thousand eight hundred and ninety-two, one thousand eight hundred and ninety-three, one thous- and eight hundred and ninety-four, one thousand eight hundred and ninety-five and one thousand eight hun- dred and ninety-six, when appointed their respective terms of office shall be designated, and so that the commissioners whose terms of officers expire in an even year shall belong to the same political party. The terms of office of all other water commissioners at)- ^ ^ lermotonice. pointed under this act, except to fill vacancies, shall be six years, and they shall be respectively appointed by the mayor within twenty days prior to the expiration of the term of any commis.sioner they are appointed to 1 r r r 1 Vacancies, succeed, in case oi a vacancy lor any cause, the how filled. 2o8 LEGISLATIVE ACTS. Org^anization of board. To appoint secretary. Record of organization. Board to maintain system of water works. .May purchase lands, waters, ^c. mayor shall appoint a commissioner for the unexpired term. Each commissioner .shall hold office until the appointment and qualification of his successor. § 2. Within fifteen days after the appointment of the first six commissioners, at a time designated by the mayor, they shall meet at the office of the city clerk, take and file the oath of office prescribed by the con- stitution of this state and organize by electing one of their number president. They shall also at the same time, or at a subsequent meeting, appoint and have at all times a secretary, who shall keep the books, records, and accounts of the board, and who shall hold office at their pleasure. A record of the appointment and qualification of the commissioners and of the organiza- tion of the board shall be kept by the city clerk, and notice thereof in writing shall be given to the city treasurer. § 3. The said vSyracuse Water Board is hereby author- ized and directed, for and in the name of the city of Syracuse, to accpiire, construct, maintain, control and operate a system of water works to furnish the city of vSyracuse and its inhabitants with water from Skane- ateles lake, and may employ engineers, surveyors, superintendents, officers, agents and such other persons as may be necessary for that purpose, and fix their compensation and terms of employment. The board may also contract for, purchase and acquire by deed or otherwise, in the name of the city of Syracuse, alb lands, waters, easements, property, tenements, heredit- aments, rights, privileges and franchises, and any fonn- LEGISLATIVE ACTS. 209 tains, dams, mains, pipes, conduits, hydrants, machin- ery and all other real and personal property whatsoever necessary for the acquisition, construction, maintenance, control and operation of said water works, and to con- May contract ^ for work. tract for the execution of said work or any part thereof, and for supplying any and all necessary materials therefor. Said board may also acquire the property, Vay acquire rights of property and franchises owned or possessed ^J^poration. by any existing corporation or company organized to supply the city of Syracuse and its inhabitants with water, or having or claiming any right so to do, and control, maintain and operate the same. The title to Title how vested. any and all property acquired pursuant to this act shall vest and be in the city of Syracuse. The board, its May enter upon lands, officers, agents and employees are authorized to enter surveys, upon any lands or waters for the purpose of making such surveys, examinations and investigations as shall seem to them necessary in the faithful performance of their duties. §4. In case the Syracuse Water Board shall be un- Hoard may acquire able to acquire by purchase any propert}^ necessary for ^ the acquisition, construction, maintenance, control and operation of the system of water works contemplated by this act, including the property, rights of property, privileges and franchises owned or possessed by any corporation or company organized to supply said city of Syracuse and its inhabitants with water, or having or claiming any right so to do, it is hereby authorized to acquire the same in the manner following : 14 2 10 LEGISLATIVE ACTS. Petition to court, for appointment of appraisal commissioners Statements therein. 5 . The board may present its petition to the supreme court at a general or special term thereof, held in the fifth judicial district, praying for the appointment of commissioners of appraisal to ascertain and determine the amount of compensation which ought justly to be made to either or any of the owners or persons inter- ested in any or all of the property, rights, privileges and franchises deemed necessary by the board. Such petition shall be signed and verified by a member of the board. It shall contain a description of the prop- erty sought to be acquired, and must state in effect that the property is requisite to the acquiring, con- structing, improving, maintaining, controlling or oper- ating said water works ; that the board has not been able to acquire title thereto, and the reason of such inability. It must also state the names and places of residences of the owners or parties interested in the property sought to be acquired, so far as the same can by reasonable diligence be ascertained. If any such persons are infants, their ages as near as may be, must be stated ; if any are idiots or persons of unsound mind, or unknown, that fact must be stated, together with such other allegations and statements of liens or incumbrances as the board may see fit to make. Petition how served. §6. A copy of such petition, with a notice of the time and place when and where the same will be pre- sented to the court, must be served on all persons whose interests are to be affected, at least ten days Upon prior to its prevSentation to the court. If the person unknown owners, or upon wlioiii sucli service is to be made resides in this non-residents. LEGISLATIVE ACTS. 2 I I state, and is not an infant, idiot or person of unsound mind, service of a copy of the petition and notice must be made upon him personally, or by leaving the same at his usual place of residence with some person of suitable age. If the person on whom such service is to be made resides out of the state, or is unknown, or his residence cannot by reasonable diligence be ascer- tained, such service must be made by delivering to such person personally or by leaving at his last place of residence, if known, a copy of such petition and notice, at least twenty days before presenting the same to the court ; or such service may be made by publish- service by ^ publication ing a notice, stating briefly the object of the applica- tion and giving a description of the land or other prop- erty to be taken, in two daily newspapers published in the city of Syracuse, twice a week for three successive weeks ; and by depositing a copy of the petition and notice in the post-office at Syracuse, New York, prop- erly folded and directed to such person at his post-office address, if the same can be ascertained ; and if not, at the post-office at or nearest his last place of residence, at least twenty days before presenting such petition to the court, and paying the postage thereon. If such Service upon infants. person is an infant, and resides in this state, service shall be made as aforesaid, upon his general guardian, if he has one, and on such infant personally, if over the age of fourteen years; if under that age, then upon the person who has the care of or with whom such infant resides. If the person to be served is an idiot Upon idiots. etc. or of unsound mind, and resides in this state, .service may be made upon the committee of his person or 2 12 LEGISLATIVE ACTS. Service in other cases. Court may appoint Guardians, for infants, etc. Duty of guardians, committees, etc. Rights of un- known own- ers, how protected. Proceedings, etc. estate ; if he has no committee, then upon the person who has the care and charge of such person. In all cases not herein provided for, service of the petition, notice and other papers in the proceedings authorized by this act, shall be made as the supreme court in the fifth judicial district, or a judge thereof, shall direct. § 7. In case any party to be affected by the pro- ceedings hereby authorized is an infant, idiot, or per- son of unsound mind, and has no general guardian or committee, the court to which such petition shall be presented, shall, before taking any proceedings thereon, appoint a special guardian to attend to the interest of such person. If a general guardian or committee has been appointed for such person in this state, it shall be his duty to attend to the interest of such infant, idiot, or person of unsound mind in such proceeding. The court may require such security to be given by such general or special guardian or committee as it may deem necessary to protect the rights of such ‘infant, idiot, or person of unsound mind. All notices required to be served in the progress of the proceedings, may be served on such guardian or committee. Any person may appear in such proceedings by attorney, and all papers shall be .served at the place designated by him. The court .shall appoint .some competent attorne}’ to appear for and protect the rights of any party in inter- e.st who is unknown, and who has not appeared in the proceedings by an attorney or agent. § 8. On presenting such petition to the .supreme court, as aforesaid, with proof of .service of a copy LEGISLATIVE ACTS. 213 thereof and notice aforesaid, any of the persons whose estates or interests are to be affected by the proceed- ings, may show cause against granting the prayer of the petition, and may to that end disprove any of the facts alleged therein ; the court shall hear the proofs and allegations or the parties, and if no sufficient cause is shown against granting the prayer of the petition, it shall make an order for the appointment of three dis- interested and competent freeholders, residents of the State of New York, as commissioners to ascertain and determine the compensation which ought justly to beappndsa/. made to the owners or persons interested in the prop- erty so to be acquired, and shall fix the time and place for the first meeting of such commissioners. The com- official, " powers, and missioners .shall take and subscribe the oath prescribed by the twelfth article of the constitution. Any of them may issue subpoenas and administer oaths to witnesses. A majority of them may adjourn the proceedings from time to time in their discretion. They shall view the premises described in the petition, hear the proofs and allegations of the parties, and reduce the testimony taken by them, if any, to writing, and after the testi- mony is taken and closed in such proceedings, they, or a majority of them, all being present or having notice of the meeting to the end that they may be present, shall without unnecessary delay, ascertain and deter- mine the compensation which ought justly to be made to either or any of the owners or persons interested in the property so sought to be acquired. They or a majority of them shall also determine what sum ought to be paid to the general or special guardian or com- 214 LEGISLATIVE ACTS. mittee of any infant, idiot, or person of unsound mind, or attorney appointed to attend to the interests of any unknown owner or party in interest not personally served with notice of the proceeding and who has not Report of their appeared, for his costs and expenses. They shall make proceedings. a report of their proceedings to the supreme court, with the minutes of the testimony taken by them. The Compensa- compensation to which they each shall be entitled, shall tion. be fixed by the court, and such compensation, together with their necessary expenses, shall be paid by the Syracuse Water Board. When the owners or persons interested in the property sought to be acquired, shall have awarded to them an amount not exceeding the compensation offered by the board, the cost and expen- ses of such proceedings or any part thereof to be fixed by the court may be deducted from such award, and proof of the amount of compensation offered by the board may be made b}^ affidavit to the court upon the application for the confirmation of the report of the appraisers, as hereinafter provided Change of ownership. §9. When any proceedings of appraisal under this act shall have been commenced, no change of owner- ship shall in any manner affect such proceedings. Notice of § lo- such report being made by the commis- application for . confirmation sioiiers, the board may give notice to the owners or of report. ^ parties interested, or their attorneys, according to the rules and practice of the supreme court, that applica- tion will be made to the court at a general or special term thereof to be held in the fifth judicial district, for the confirmation of such report, and the court shall Action of court. LEGISLATIVE ACTS. 215 thereupon confirm the same, and shall make an order containing a recital of the substance of the proceedings, a description of the property appraised, and shall direct to whom the money shall be paid, or in what bank and in what manner it shall be deposited by the board. § II. A certified copy of the order so made shall be recorded in the clerk’s office of the county in which the property described is situated, and thereupon and on the payment or deposit by the board of the sums to be paid as compensation for the property, and for costs and expenses, as directed by the order, the board shall Ri^ht to enter and use lands, be entitled to enter upon, take possession of, and use®^^' the property for the purposes of the water works afore- said ; and all persons who have been made parties to the proceedings shall be divested of all right, estate, title and interest in or to the same. All property Title how . vested. acquired pursuant to the provisions of this act shall be deemed to be acquired for public use, and the title thereto shall vest in the city of Syracuse. Within Appeals from report. twenty days after the confirmation of the report, either party may appeal, by notice in writing to the others, to the supreme court, from the appraisal and report of the commissioners. Such appeal shall be heard by the Proceedings upon appeal. supreme court at a special or general term thereof to be held in the fifth judicial district, on the usual notice re- quired by the rules and practice of the court. On the hearing of such appeal, the court may direct a new appraisal before the same or new commissioners, in its discretion. The second report shall be final and Second report of appraisers, conclusive on all parties interested. If the amount LEGISLATIVE ACTS. Effect of appeals. Payment of awards, in certain cases. Appraisals, power of court to give effect to. 216 compensation to be made by the board is increased by the second report, the difference shall be paid by the board to the parties entitled thereto, or deposited in the bank as the court shall direct. If the amount is dimin- ished, the difference shall be refunded to the board by the party to whom the same may have been paid, and judgment therefor may be rendered by the court on the filing of the second report, against the party liable to pay the same. No appeal shall affect the possession or right of possession or use by the board of the property so appraised, and when an appeal is taken by others than the board, it shall not be heard except upon stipu- lation of the party appealing not to disturb such pos- session. § 12. If there are adverse and conflicting claimants to the money, or any part of it, to be paid as compensa- tion for the property taken, the court may direct the moneys to be paid into court, and may determine who is entitled to the same, and to whom the same shall be paid, in a summary manner, and may order a reference to ascertain the facts on which such determination and order .shall be made. § 13. In case of appraisal under this act, the court shall have power to make all necessary orders and directions to carry into effect the object and intent of this act, and to compel the delivery to the board of the possession and control of all property or rights acquired thereby. The practice in such cases shall conform as nearly as may be to the ordinary practice of said court. LE(]ISLATIVE ACTS. 2 I 7 ^ 14. When the mode or manner of conducting any Further ■ ^ powers or proceedings for the appraisal of property sought to be taken, and the proceedings consequent thereon, are not expressly provided for in this act, the court before whom such proceedings are pending shall have power to make all necessary orders to that end. And the court shall also have power at any time to amend any defect or informality in any of the proceedings author- ized by this act, or to cause new parties to be added and other notices to be given to any party in interest as it may deem proper, and shall also have power to ap- point commissioners in place of any who shall die, re- fuse or neglect to serve, or be incapable of serving. § 15. The Syracuse Water Board shall have power to water board may enter into make all contracts necessary or incidental to the execu- contract, tion of the powers conferred by this act, but no con- tract or agreement requiring an expenditure of more than five hundred dollars shall be entered into, except for the employment of officers, agents and other em- ployees of the board, without first advertising at least proposals to . 1 r • 1 • advertised. twice a week tor two successive weeks 111 two or more of the daily newspapers published in the city of Syra- cuse, for proposals to enter into contract for the work or materials required ; and all such contracts shall be let contracts to be let* to the lowest bidder who shall furnish such security for faithful performance as shall be approved b}^ the board ; but the board may reject such bids in its discretion and Ri^ht to re-advertise for proposals. A copy of each proposal re- ceived and of every contract entered into by the board, contract how filed. shall be filed with the city clerk. Board not to be interested in contracts. Use of public streets, etc. Proviso. Board may take water from Skaneateles lake. Increase of storage capacity of lake. 218 LEGISLATIVE ACTS. § 16. No member of the board, or any of its officers,, or any officer of the city of Syracuse, shall be directly or indirectly interested in any contract relating to the work done for or materials furnished to the board, as such ; and any violation of this provision shall be a misdemeanor. No member of the board shall receive any compensation for his services as such. § 17. The Syracuse Water Board, and all persons acting under its authority and direction, shall have the right to enter, appropriate, occupy and use any public street, highway, square, avenue, road or other public ground for the purpose of constructing, maintaining and operating water works for supplying the city of Syracuse with water, and for all the other purposes of this. act; but the board shall in all cases, restore such public street, highway, square, avenue, road and other public ground to its former state of usefulness. § 18.* The Syracuse Water Board is hereby author- ized, under the restrictions and conditions hereinafter mentioned to take and conduct water not required for the Erie canal, from Skaneateles lake, to said city, through a pipe or main not exceeding thirty inches in diameter, for the purpose of supplying said city and its inhabitants with water. Before any water shall be so taken, however, the water board shall, at the cost and expense of said city, increase the storage capacity of said lake sufficiently to store therein all the ordinary flow of its water shed ; the fact of such necessary re- *As amended by chap. 314 of Laws of 1890. LEGISLATIVE ACTS. 219 construction having been made shall be certified by the state engineer and surveyor and superintendent of public works and filed in the office of superintendent of public works. All the work authorized by this work, how ^ executed. section, including the placing and maintenance of said pipe, shall be executed under the direction, supervision and control of the superintendent of public works, and in accordance with the plans and specifications therefor to be prepared or approved by the state engi- neer and surveyor. The dam and all structures con- Dam, etc. nected therewith, together with the regulation at all times of the ffow of water from said lake into the afore- said pipe, shall be and continue in the exclusive charge and control of the superintendent of public works, and shall be maintained and kept in repair by or under the direction of said superintendent, at the cost and ex- pense of the city of Syracuse. This section shall be construed to vest in the state engineer and surveyor the power to prescribe the plan of construction and location of the gate-house or other means for delivering Location of 1 -r r gUtellOUSe. the water 01 said lake into said pipe ; and it for any reason the flow of water into said pipe shall prevent the State from having a sufficient quantity for all the uses of the Erie canal, the said superintendent of public piow of water works is authorized and required to stop the flow of stopped. water into said pipe in whole or in part so far as may be necessary in his judgment to secure such sufficient quantity ; it being understood that the rights of the city Rights of city. of Syracuse hereby conferred in and to such surplus waters, are to be subject always to the superior claims 220 LEGISLATIVE ACTS. Extinguish- ment of water rights. State to be saved harm- less. Powers of city to acquire property, etc. iMaps. etc., to be taken and hied. Amended map. of the State thereto. Before any water shall be taken from Skaneateles lake under the provisions of this act, the city of Syracuse shall acquire or extinguish all water-power rights upon the outlet of said lake to be affected by the proposed storage of water. The city of Syracuse shall at all times protect and save harmless the State of New York from and against all claims and demands of riparian owners upon said lake and outlet for loss or damage occasioned by any act or structure authorized hereby. The powers granted to the Syra- cuse Water Board to acquire property under this act, and to make payment therefor, shall be deemed to include full power and authority to do and perform all acts and things necessary or proper to enable said city to acquire, store and obtain water from Skaneateles lake in accordance with the provisions of this section. § 19. It shall be the duty of the Syracuse Water Board, as soon as practicable, to make a map and pro- file showing the proposed location of the conduit line, and all lands, waters, inlets, reservoirs, stations and other structures to be used for or in connection with the system of water works herein provided for, which shall embrace a full and complete system of conduits, mains and pipes for the distribution of water through- out all parts of the city, and the location of all hydrants, fountains, standpipes, and other structures for the use of the city. Copies of this map and profile, dul}^ certi- fied by the president and engineer of the board, shall be filed in the office of the clerk of the city, and in the office of the clerk of the county of Onondaga. If at lecjislativp: acts. 22 any time the board shall change the plan shown upon said map and profile, an amended map shall be made and duly certified and filed as aforesaid. § 20."^ Whenever the Syracuse Water Board shall consider it necessary that any bonds of the city of Syracuse shall be issued for the purpose of this act, it shall certify to the mayor and common council of the city the amount so desired and the purpose or pur- poses for which required ; whereupon it shall be the issue thereof, duty of the mayor and common council, by resolution, to cause bonds for the amount so certified to be issued in the name and upon the credit of the city of Syracuse, which shall be executed by the mayor under the cor- porate seal of the city, and countersigned by the city clerk. Provided, however, that the aggregate amount of bonds issued under the provisions of this act shall not in any event exceed the sum of three million dol- lars. All such bonds shall be paj^able on the first day when payable of July, nineteen hundred and twenty. Such bonds interest, shall bear intere.st at a rate to be determined by the water board, not exceeding four per centum per annum, payable semi-annually, and may be either registered or coupon bonds or both, and of such de- nominations and payable at such place or places as the common council may direct by resolution. Upon the Proposals for piTfchase of passage of any resolution authorizing an issue of such bonds, bonds, the city treasurer shall properly advertise for propo.sals for the purcha.se of such bonds, and shall sell them to the party or parties offering to pay the *As amended by chap. 27 of the Laws of 1892. 222 LEGISLATIVE ACTS. Acceptance thereof. Delivery to purchaser. Water fund. Payments therefrom. Transfer of funds. highest price therefor but not less than par. Upon the acceptance of any proposal for the purchase of such bonds the city treasurer shall immediately deposit the same with a bank or trust company designated by resolution of the common council, with a statement of the terms of sale. Upon payment, in accordance with ^such terms, said bank or trust company shall deliver such bonds, duly countersigned by it, to the purchaser. Thereupon such bonds shall become valid obligations of the city of Syracuse, and the faith and credit of the city is hereby pledged for the payment thereof and the interest thereon. The payment so received and all interest which may accrue thereon shall be placed by the said bank or trust company to the credit of the city of Syracuse water fund. No part of such moneys shall be paid out, except upon the written order of the Syracuse Water Board, signed by the president thereof, and countersigned by the city treasurer. No order for the payment of such moneys shall be issued except upon the resolution of the board, duly entered upon its minutes, a certified copy whereof shall be filed with the city treasurer. The voucher or other paper on account of which such order is issued shall be filed with the secretary of the board, and shall bear a num- ber corresponding with the number of the order issued thereon ; the board may, however, at any time, by resolution and order issued in the manner aforesaid, transfer any funds from any bank or trust company to any other bank, or banks or trust company which shall have been approved by the common council as depositories of the funds of the Syracuse Water Board. LEGISLATIVE ACl'S. 223 The funds so transferred, and all interest accruing thereon, shall be held and paid out by such bank or banks or trust company only in the manner above provided. The amount of moneys on deposit at any Deposits^with time with any such bank or banks or trust company restricted, shall not exceed thirty per cent of the full paid capital stock and surplus of any such bank or banks or trust company. Upon the passage of any resolution outi^es of city authorizing the issue of bonds under this act, the city treasurer, clerk shall forthwith transmit a certified copy .thereof to the secretary of the water board. Upon the sale of any such bonds, the city treasurer shall forthwith transmit to the secretary of the water board a statement showing the amount of bonds sold and the amount realized thereon, and shall also furnish to the city clerk a detailed statement showing the date, number and denomination of each bond sold, the price realized, the name of the purchaser, and the expen.ses of such sale. § 2 [ . The proceeds of all bonds issued under the pro- iToceeds from ^ sale of bonds. visions of this act shall be used and applied by the Syracuse Water Board .solely for the acc[uisition and construction of the system of water works herein pro- vided for, and for the purpose of acquiring property, rights, privileges and franchises therefor or to be used in connection therewith, and for providing a compen- sating water supply for the Brie canal as specified in section eighteen of this act, and in no case for the opera- tion or management of the water works or for any other purpose whatsoever. 224 LEGISLATIVE ACTS. Water rates, how fixed. Deposit of income. Collections for water and income, how applied. Surplus, how applied. Incurring- obligations. § 22. The Syracuse Water Board shall from time to time fix and determine the water rates to be paid by all consumers of water, inc’uding a just annual rate to be paid by the city at large on account of the use of water for municipal purposes. All moneys and income which shall be received by the board for water or on account of said system of water works shall be deposited to the credit of the ‘ ‘ city of Syracuse water fund ’ ’ in the bank or banks or trust company designated by resolution of the common council, and shall be paid out only as pro- vided by section twenty of this act. § 23. All moneys collected by the board for water, and any and all other income which it may receive for or on account of said system of water works, or from other property, rights, privileges or franchises connected therewith, shall be devoted, first to the pa3Tnent of the necessary cost of the operation, management and main- tenance of works ; second, to the payment of all sums of interest when and as the same shall become due and payable, upon any bonds issued under the provisions of this act ; third, to the payment of the cost of necessary extensions and additions. Af ter all such obligations shall have been paid and discharged if there shall remain any surplus of income it shall be applied to the purchase or payment of the bonds issued pursuant to the provisions of this act, and any bonds .so purchased or paid sl:all be marked cancelled by the Syracuse Water Board, and shall be delivered to the treasurer of the city. ^24. No obligation shall be incurred or money ex- pended, or issue of bonds demanded under this act, by LEGISLATIVE ACTS. 225 the Syracuse Water Board, except by resolution duly passed by a majority of the members of the board. In every case the vote shall be taken by yeas and nays, and every such resolution and the vote thereon shall be recorded in full in the minutes of the board. § 2S. Any and all actions and proceedings authorized Actions, how Jr' & brought by by this act shall be brought, taken and instituted by board the Syracuse Water Board in the name of the city of Syracuse ; and all actions, suits or other legal proceed- ings brought, instituted or commenced by any person or corporation, on account of any act or thing done or omitted by said board, shall be brought, instituted and commenced against the city of Syracuse, in its name, and shall be defended by it under the direction of the board ; and all such claims and demands may be com- promised and paid by said board, and any final judg- ment recovered thereon shall be satisfied by it. Such payments to be made only in the manner hereinbefore provided. No commissioner appointed under this act No personal liability by shall be personally liable for any act done in the per- commissioners formance of his official duty. § 26. The books, record, vouchers, contracts and all Records of board open to other papers kept by the Syracuse Water Board, or in "^^pection. their possession or under their control shall at all rea- sonable times be subject to inspection by any officer or duly authorized agent of the city of Syracuse. The . board shall on or before the first day of August in each Report to council. year, and at such other times as the mayor and common council may require, prepare and deliver to the mayor and common council reports which shall show full and 226 LEGISLATIVE ACTS. in detail the situation and condition of the board, its re- ceipts from all sources and its disbursements during the year and any and all obligations which it has incurred and claims made against it and remaining unpaid, the amount of work done by it and the condition of such work, and shall furnish at all times such other or further information as to the business and affairs of the board as may be required by the mayor and common council. “Water works record,” how kept by city clerk. . Record to be kept by city treasurer. § 27. The city clerk of the city of Syracuse is hereby authorized and directed to prepare and at all times keep a book, which shall be known and designated as ‘ ‘ water works record, ” in which shall be recorded at length, in regular order and properly indexed, all resolutions passed by the common council and all papers and in- struments made, executed, received or delivered by said city, and all other acts and things done by said city or by said clerk pursuant to the provisions of this act. The treasurer of the city of Syracuse is hereby authorized and directed to prepare and at all times keep a book, which shall be known and designated as ‘ ‘ water works record, ” in which shall be recorded at length and properly indexed all resolutions, instruments and other papers sent or received by him and all acts and things required to be done by said treasurer under the provisions of this act. By-laws, etc., § 28. The Syracuse Water Board shall have power to of board. make such ordinances, by-law, rules and regulations as they may deem proper in the establishment, mainten- . ance and control of the syvStem of water works provided for in this act, and for the general conduct of its busi- LEGISLATIVE ACTS. 227 ness, and the exercise of any of the powers hereby con- ferred or intended to be, and shall have power to en- force the same as provided by law. §29. On the first Tuesday of June next a special special city election. election shall be held in the city of Syracuse, at which the voters in said city qualified to vote and registered as voters at the last preceding general election may vote a written or printed ballot in either one of the follow- ing forms : “In favor of city ownership and control of Form of the water supply,” or “against city ownership and control of the water supply. ” The inspectors of such inspectors. their duties. election shall be the persons who were elected at the last preceding charter election, and the polling places the same unless otherwise prescribed by said common council. Said inspectors shall on the day or evening of such election, and without adjournment, count and certificate of result, how certify the number of affirmative and negative votes in tiled, the several election districts and file such certificates within twenty-four hours thereafter in the office of the clerk of Onondaga county, who .shall thereupon and within twenty-four hours after the filing of such certifi- cates, ascertain the whole number of affirmative and negative votes given at .said election, and a written statement and declaration thereof shall be recorded by him in the book or books in which other election can- vasses are recorded. Except as herein provided, all j^aws general laws regulating elections in cities, shall be elect deemed applicable to the said election. The inspectors of election afore.said shall sit as a board of registration Registration, in each of the election districts of said city, on Friday 228 LEGISLATIVE ACTS. Laws applicable thereto. Ballots, how distributed. City clerk to publish and post notice of election. preceding such special election from nine o’clock in the morning until six o’clock in the evening of said day^ and also on Saturday prior to such election from nine o’clock in the morning until nine o’clock in the even- ing of said day, and at such sittings shall proceed tO' make lists of persons entitled to vote at such election. As a basis for such lists they shall first copy the poll lists of those who voted at the last general election held in said city. Except as herein otherwise provided, all the provisions of law relating to the registration of voters at general and municipal elections shall, so far as the same are applicable, apply to the said election required to be held under this act. § 30. The city clerk of the city of S3Tacuse shall cause to be printed at least fifty thousand of each of said ballots, which shall be distributed to the inspec- tors of the several election districts of said city for use at said election proportionate to the vote of said ward at the general elections next preceding such special election at least three days prior to the day of the elec- tion herein provided for, and it shall be the duty of said inspectors to have at least half of each kind of the said ballots so furnished them at the polls at such elec- tion for distribution on election day. §31. The city clerk of the city of Syracuse shall cause a proper notice of said election herein provided for to be published once a day for at least one week prior to said election in each of the daily papers pub- lished in said city and shall also cause three copies of LEGISLATIVE ACTS. 229 said notice to be posted in conspicuous places in each •election district of said city, at least one week prior to said election. § 32. This act shall take effect immediately ; but none of the powers herein given to the said board of water commissioners or to the said ma5^or and common coun- cil, except as to the special election herein provided for, shall be exercised by them or either of them until or unless a majority of all the votes to be given at the election herein provided for shall be in favor of city ownership and control of the water supply. 230 LEGISLATIVE ACTS. BOARD OF PLUMBERS AND PLUMBING. LAW TO SECURE THE REGISTRATION OF PLUMBERS AND THE SUPERVISION OF PLUMBING AND DRAINAGE IN THE CITIES OF THE STATE OF NEW YORK, BEING CHAPTER 603 OF THE LAWS OF 1893, AS AMENDED BY CHAPTERS 66 AND 163 OF THE LAWS OF 1893. Appointment SECTION I. Within ninety davs after the passage of of examining mT/ors ^ this act it shall be the duty of the mayor of each of the cities of this State to appoint a board for the examina- tion of plumbers for such city where such board shall act, to be known as the ‘ ‘ examining and supervising board of plumbers and plumbing, ” excepting in the cities of New York, Brooklyn and Albany, where it shall be known as the ‘ ‘ examining board of plumbers. ’ ’ Such board shall consist of five persons, of whom two shall be employing or master plumbers of not less than ten years’ experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of said board shall be the chief inspector of plumbing and drainage of the board of health of such city and the chief engineer having charge of sewers of said city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities^ Terms of The term of office of the mavSter and journeymen plumb- office. ers first appointed under the provisions of this act shall LEGISLATIVE ACTS. 23 be as follows : One shall be appointed for one year, one for two years and one for three years, their terms of office to expire respectively one, two and three years from and after the thirty- first day of December, of the year in which such appointments shall be made and the mayor in making the first appointments shall for each one so appointed specify the duration of the term of office to which he makes said appointments respectively and annually thereafter upon the expiration of the term of office of any such member of the board his successor shall be appointed by the mayor for the term of three years, or until a successor shall be appointed, and the mayor shall have power to fill any vacancy caused in vacancies how filled. such board of examiners by the death, removal, inabil- ity to act, resignation or removal from the city of any member thereof, and such appointment shall be for the unexpired term. Such chief inspector of plumbing and Ex-officio members of drainage, and such chief engineer in charge of sewers or the officers holding equivalent positions or acting in like capacities designated or appointed by the mayor as herein provided, shall be deemed to be also ex-officio members of such examining board, and when they shall cease to hold the offices by reason or on account of which they were so designated or appointed, their suc- cessors shall act on the examining board in their stead. § 2. It shall be the duty of such ex-officio members compensation of the board of examiners to discharge their duties as of members of this board without compensation therefor. The master and journeymen plumbers serving as mem- bers of such board shall severally be paid at the rate of 232 LEGISLATIVE ACTS. five dollars per day for each day’s services when actu- ally engaged in the performance of the duties pertain- ing to the office, but such compensation shall not ex- ceed the sum of five dollars per month in cities of one hundred thousand inhabitants or less, nor the sum of ten dollars per month in cities having a population of over one hundred thousand and less than three hundred thousand, nor a sum of twenty dollars per month in cities having a population of over five hundred thousand. Qualifications. | ^ members of such board shall be citizens and actual residents of the cities in which they are ap- pointed. Powers and § a . The Several boards of examiners constituted un- duties. ^ der this act shall have powxr and it shall be their duty ; Meetings. MEETINGS. — To meet at stated intervals in their respective cities ; they shall also meet whenever the board of health of such city, or the mayor thereof shall in writing request them so to do. Examinations. 2. EXAMINATIONS. — To liave jurisdiction over aiid to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employ- ing plumbers in the city in which such board shall be appointed, with the power of examining all persons Certificates of applying for certificates of competency as such employ- competency. ing or master plumbers or as insTectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspectors of plumbing, and to issue certificates of competency to LEGISLATIVE ACTS. 233 all such persons who shall have submitted to and passed a satisfactory examination before such board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing. 3. Plumbing Code. — To formulate, in conjunction with the local board of health of the city in which it shall act, except in New York, Brooklyn and Albany, a code of rules regulating the work of plumbing and drainage in such city, including the materials, work- manship and manner of executing such work, and from time to time to add to, amend or alter the same. 4. Fees.* — To charge and collect from each person applying for examination the sum of five dollars for each examination made by said board and all moneys so collected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which said board shall be appointed. And until such time as the board of estimate of the city of Brooklyn and county of Kings shall provide in the annual tax levy a sufficient sum to meet the expenditures incurred under the provi- sions of this act, as provided in section twelve, the compensation of the members of the board of examiners in the city of Brooklyn, as fixed by .section two, shall be paid by the city treasurer, upon vouchers certified by the members of the board and approved by the mayor, out of any moneys collected for the examina- tions provided by this act, and paid over to the city treasurer of Brooklyn by the said board. *As amended by chap. 162 of the Laws of 1893 Plumbing code. Examination fees. City of Brooklyn. Tax levy. Compensation of members. 234 LEGISLATIVE ACTS. Examinations as to qualifica- tions. Conducting business without certi- ficate pro- hibited. Registration with board of health. Certificate thereof. Cancellation of registration. § 5.* Any person desiring or intending to conduct the trade, business or calling of a plumber or of plumb- ing, in any of the cities of this State as employing or master plumber shall be required to submit to an ex- amination before such board of examiners as to his ex- perience and qualifications in such trade, business or calling ; and after the first day of September, eighteen hundred and ninety- three, it shall not be lawful in any city of this State for any person to conduct such trade, business or calling unless he shall have first obtained a certificate of competency from such board of the city in which he conducts, or proposes to conduct, such busi- ness. § 6.* On or before the first day of September, eigh- teen hundred and ninety- three, every employing or master plumber carrying on his trade, business or call- ing in any of the cities of this State shall register his name and address at the office of the board of health of the city in which he shall conduct such business under such rules and regulations as the respective boards of health of each of the cities of this State shall respect- ively prescribe, and thereupon he shall be entitled to receive a certificate of such registration, provided, how- ever, that such employing or master plumber shall, at the time of applying for registration, hold a certificate of competency from an examining board ; but such registration may be cancelled by such board of health for a violation of the rules and regulations for the *As amended by chap. 66 of the Laws of 1893. LEGISLATIVE ACTS. 235 plumbing and* drainage of such city duly adopted and in force therein, after a hearing had before said board of health, and upon a prior notice of not less than ten days, stating the grounds of complaint and served upon the person charged with the violation of the aforesaid rules and regulations ; but such revocation shall not be operative, unless concurred in by a majority of the local board of examiners. And after the first day of September, eighteen hun- Conducting business with- dred and ninety-three, it shall not be lawful for any person to engage in, or cariy^ on the trade, business or ^ ' calling of an employing or master plumber in any of the cities of this State unless his name and address shall have been registered as above provided. §7. Within sixty days after the organization of such inspectors of ' ° plumbing. examining board in any of the cities of this State the local board of health, or the commissioner or the com- missioners of the board of health or the health depart- ment thereof, as the case may be, shall detail, desig- nate, or appoint for the purposes of this act and the enforcement of the provisions thereof and the work of inspecting the plumbing and drainage of buildings, in said city, an inspector or inspectors of plumbing, sub- ject, however, to the provisions or limitations of exist- ing laws regulating the appointment of inspectors by such commissioner or commissioners, or board or de- partment of health of such city. But all inspectors of Qualifications, plumbing so detailed, designated or appointed, and all *So in the original. 236 LEGISLATIVE ACTS, Compen- sation. Duties of inspectors. Reports. Expirations and renewals of certificates and licenses. inspectors of plumbing hereafter appointed, except in New York, Brooklyn and Albany, shall be practical plumbers not engaged directly or indirectly in the business of plumbing during the period of their ap- pointment, and they shall be citizens and actual resi- dents of the city in which they are appointed, and before entering upon the discharge of their duties as such inspectors each shall be required to obtain a certi- ficate of competency from said examining board. They shall be entitled to receive compensation not exceeding five dollars per day for each day of actual service, to be fixed by the board, commissioner or department making such appointment. § 8. The duties of the inspector or inspectors of plumbing appointed under the provisions of this act, in addition to the duties prescribed by law, and those which may be enjoined or required by the commis- sioner of health, the board of health or the health de- partment of the city in which they shall be appointed, shall be, to inspect the construction and alteration of all plumbing work performed in such city subsequent to the passage of this act, and to report in writing the results of such inspection to the said commissioner of health, or the board of health, or the health depart- ment of their respective cities ; they shall also report in like manner, any person engaged in, or carrying on the business of employing plumber without having the certificates hereinbefore mentioned. § 9. All certificates of registration issued under the provisions of this act and all licenses autliorizing con- LEGISLATIVE ACTS. 237 nection with street sewers or water mains shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days preceding such expiration, such renewals to be for one year from the first day of January in each year. § 10. Whenever any inspector or other person reports Notice of violations of a violation of an}^ of said rules and regulations for i^ies. plumbing and drainage, or a deviation from any offici- ally approved plans or specifications for plumbing and drainage filed with any board or department, the local board of health shall first serve a notice of violation thereof upon the master plumber doing the work, if a registered plumber. Such notice may be served per- served, sonally or by mail, and if by mail it may be addressed to such master plumber at the address registered by him with local health board ;• but the failure of a master plumber to register will relieve any board of health from the requirement of giving notice of violation. Unless the violation is removed within three days after proceedinj^s , ^ . when viola- the date of serving or mailing such notice, exclusive oftionsnot removed. the day of mailing or .serving, the board of health may proceed according to law. § 1 1. From and after the first day of March, eighteen plumbing and . . drainage to be hundred and ninety-three, the plumbing and drainage executed in of all buildings, both public and private in each of the cities of this State shall be executed in accordance with the rules and regulations adopted by the local board of examiners in conjunction with the board of health for plumbing and drainage; and all repairs and altera- 238 LEGISLATIVE ACTS. tions in the plumbing and drainage of all buildings heretofore constructed shall also be executed in accord- ance with such rules and regulations except in New York, Brooklyn and Albany where the board of health shall have control, but this section shall not be con- strued to repeal any existing provision of law requiring plans for the plumbing and drainage of new buildings to be filed with any local board of health and to be previously approved in writing by said board of health, and to be executed in accordance therewith, except that in case of any conflict between such plans and the rules and regulations of the board of examiners, the latter shall gov^ern. Rooms and office expenses of board. Tax for expenditures. § 12."^ Each of such boards of examiners shall have power to procure suitable quarters for the transaction of business, to provide the necessary books and stationery and to employ a* clerk to keep such books and record the transactions of such board. The board of estimate and apportionment of the city of New York, the board of estimate of the city of Brooklyn and county of Kings, and the common council of all other cities, shall annu- ally insert in their tax levy a sufficient sum to meet the expenditures incurred under the provisions of this act ; and all expenses incurred by the several boards of ex- aminers in the execution and performance of the duties imposed by this act shall be a charge on the respective cities, and shall be audited, levied, collected and paid in the same manner as other city charges are audited, levied, collected and paid. \ As amended by chap. 162 of the Laws of 1893. LEGISLATIVE ACTS. 239 • § 13. Any person violating any of the provisions of this act or any rules and regulations of the board of health, or of the board of examiners in any city regu- lating plumbing and drainage of buildings of such city, shall be deemed guilty of a misdemeanor, and, upon conviction, if a master plumber, shall, in addition, for- feit any certificate of competency or registration, which he may hold under the provisions thereof. § 14. After the passage of this act the commissioner issue of licen- ses to connect of public works of any city, or the officer or officers act- a^nd\vater' ing in a like capacity in any of the cities of this State, restricted, and having charge of the sewers and water mains, shall not issue a license to anyone to connect with the sewers or with the water mains of such cities unless such per- son has obtained and shall produce a certificate of com- petency from the examining board of such city hereby created. § 15. All acts or parts inconsistent with or repugnant Repeal, to the provisions of this act are hereby repealed. §16. This act shall take effect immediately. 240 LEGISLATIVE ACTS. Care and con- trol of cemetery. Trustees, ap- pointed and terms of. CEMETERY NINTH WARD. LAW TO PKOVIDE FOR THE CAKE, CONTROL AND MAN- AGEMENT OF THE CEMETERY IN THE NINTH WARD OF THE CITY OF SYRACUSE, BEING CHAPTER 457 OF THE LAWS OF 1890. Section i . The cemetery situated on farm lot num- ber one hundred and sixty- seven, in that part of the late town of Geddes, annexed to the city of Syracuse by chapter three hundred and ninety- seven of the laws of eighteen hundred and eighty-six, and now a part of the ninth ward of said city, shall be under the care, control and management of five trustees, who shall be residents and freeholders of the ninth or tenth wards of the city of Syracuse. § 2. Within ten days after the passage of this act the mayor of the city of Syracuse shall appoint a board of trustees to be known as ‘ ‘ the board of trustees of the ninth ward cemetery, ” which shall consist at all times of five members. The first five trustees shall respect- ively hold office until the first day of March eighteen hundred and ninety-two, eighteen hundred and ninety- four, eighteen hundred and ninety-six, eighteen hun- dred and ninety-eight, nineteen liundred. When ap- pointed their respective terms of office shall be desig- nated. The terms of all other trustees appointed under this act (except to fill vacancies) shall be for ten years, and they shall be appointed by the mayor of said city^ within ten days prior to the expiration of the term of any trustee they are appointed to succeed. LEGISLATIVE ACTS. 241 § 3. In case any vacancy shall occur in the office of Vacancies, trustees of the said cemetery by death or otherwise, said vacancies shall be filled by appointment by the mayor of said city for the remainder of the term for which said vacancies shall occur. § 4. The said mayor shall file the appointment of said Appointments trustees with the clerk of said city. Within ten days organization, after their appointment the said board shall organize by the election of one of their number as president and an- other as secretary, and shall then have and possess all the rights and powers that the common council now Rights and ... . powers. have in relation to said cemetery, and shall have the entire care, control and management of said cemetery. §5. Within ten days after the organization of said Transfer of board of trustees, the former trustees of said cemetery shall pay over to said ‘ ‘ board of trustees, ’ ’ all moneys in their hands from the sale of lots in said cemetery, and known as the cemetery fund, and thereafter .said Powers of board of trustees shall have the control of said funds and all moneys that may be received thereafter from the sale of lots therein, and shall have full power and authority to, and shall expend on said cemetery, in the building of a receiving vault therein, in improving the roads therein, and in such other improvements as to them shall seem necessar3\ § 6. The said board of trustees may adopt such by- Hy-iaws, etc. laws, rules and regulations as they may deem necevSsary. § 7. This act shall take effect immediately. i(> 242 LEGISLATIVE ACTS. Police pension fund, how constituted. Of relief fund. Forfeitures. Rewards, gifts, etc. Lost, etc., money and property. POLICE PENSION FUND. LAW TO PROVIDE FOR A POLICE PENSION FUND FOR THE SYRACUSE POLICE FORCE, BEING CHAPTER 509 OF THE LAWS OF 1893. Section i. The right to provide and maintain a fund to be known as the policjs pension fund, is hereby authorized and granted to the police force of the city of Syracuse, to be managed as hereinafter provided, and shall consist of : First. The fund known as the police relief fund and all interests belonging thereto, now in the hands of the treasurer of the city of Syracuse, and of Second. All forfeitures of fines imposed by the board of police commissioners, from time to time, upon or against any member or members of the police force ; and of Third. All rewards, fees, gifts, testimonials and emoluments that may be presented, paid or given to any member of the police on account of police services, except such as shall be allowed by the board of police commi.ssioners to be retained by said board ; and of Fourth. All lost, abandoned, unclaimed or stolen money remaining in the possession of the clerk of the police board, for the space of one year, and for which there shall be no lawful claimants, and all moneys aris-\ ing from the sale, by the said property clerk, of un- claimed, abandoned, lost, or stolen property ; and of LEGISLATIVE ACTS. 243 Fifth. All moneys, pay, compensation or salary or Deductions any part thereof, deducted or withheld from any mem- ber or members of the police force for or on account of absence, for any cause, lost or sick time, sickness or other disability, physical or mental ; and of Sixth All moneys received or derived from the Receipts from pistol permits. granting or issuing of permits to carry pistols in said city, and the chief of police is hereby authorized to issue permits for such purpose, in proper cases, upon receiv- ing from the applicant for such permit the sum of two dollars and fifty cents, but no permit shall continue in force for more than one year ; and of Seventh. Such sum per month to be paid by each Contributions, member of the police force as shall be agreed upon by the members ; and of Eighth. All fees received by the chief of police, cap- Bail fees, tains or roundsmen for perfecting and accepting bail bonds. § 2. The police commissioners of said city are hereby Trustees and treasurer of made a board of trustees of said pension fund, and they shall, from time to time, appoint one of their number as treasurer of said fund, but before entering upon his duties he shall execute and deliver to the said board of trustees a bond in the penal sum of ten thousand dollars to be approved by the mayor of said city and condi- tioned for the faithful discharge of his duties, and that he shall pay over and account for all moneys and prop- erty which shall come into his hands as such treasurer. 244 LEGISLATIVE ACTS. Powers and duties of trustees. Annual report Payments from fund resiricted. Clerk to have custody of lost, stolen, etc., property and money. Record thereof. Such board of trustees shall have charge of and admin- ister said fund, and from time to time invest the same^ or any part thereof as they shall deem most beneficial to said fund, and are empowered to make all necessary contracts and take all necessary and proper action and proceedings in the premises, and to make payments from said fund of pensions granted in pursuance of this chapter. They shall report in detail to the board of aldermen annually in the month of January, the condi- tion of the police pension fund, and the items of their receipts and disbursements on account of the same. No payments whatever shall be made or allowed by said board of trustees from said fund as reward, gratu- ity or compensation to any persons for salary or ser- vices rendered to or for said board of trustees except payment of necessary legal expenses. § 3. The clerk of the police department, shall take charge of all property alleged to be stolen or embezzled and which may be brought to the police office, and all property taken from the person of a prisoner ; and all property or money alleged or supposed to have been feloniously obtained or which shall be lost or aband- oned, and which shall be taken into the custody of any member of the police force or criminal court in said city, or which shall come into the custody of any police justice dr officer, shall be given by such justice or offi- cer or by order of said court into the custody of and kept by said clerk. All such property and money shall be particularly dCvScribed and registered by said clerk in a book kept for that purpose, which shall contain the LEGISLATIVE ACTS. 245 name of the owner, if ascertained, the place where found, the name of the person from whom taken, with the general circumstances, the date of its receipt, the name of the officer recovering the same, a description thereof, the names of all claimants thereto, and any final disposition in such property or money. The said Duties and commissioners may prescribe regulations in regard to the duties and salary of said clerk and require and take security for the faithful performance of the duties re- quired by this act. § 4. The property so delivered to said clerk, and all Sale of un- such property, securities, money, things or choses in p^'^perty, etc. action that shall remain in his custody for the period of six months without any lawful claimant thereto, after having been advertised in two of the daily papers of said city for ten days, may be sold at public auction, in a suitable room to be designated for such purpose, and the proceeds of such sale shall be paid into the proceeds, police pension fund §5. The board of police commissioners shall have Powers of board to grant power, in its discretion, by the unanimous vote of a full pensions, board, to retire and dismiss from membership in the said police force, and thereupon grant pensions as here- inafter provided, to any member of said force who shall have become disabled physically or mentally, or super- annuated by age so as to be unfit for police duty, and by a majority of the board, to widows and orphans of such members, to be paid from the police pension fund by the board of trustees thereof, as follows : 246 LEGISLATIVE ACTS. To widows, etc. Division be- tween widow and children. To minor children. To perma- nently dis- abled police. To superannu ated police after service. 1. To the widow of any member of the police force who shall have been killed while in the actual perform- ance of duty, or shall have died from the effects of any injury received while in the discharge of such duty, or who has died or who shall hereafter die after ten years of service in the police force of said city, or who shall have been retired upon a pension under section six of this act ; if there be no child or children under eighteen years of age of such member, the sum of not exceeding three hundred dollars per annum ; but if there be any such child or children of such member under the age aforesaid, then the said sum may be divided between such widow, child or children in such proportions and in such manner as the said board may direct. 2. To any child or children under eighteen years of age of such member killed or dying as aforesaid or pen- sioner as aforesaid, but leaving no widow, or if a widow, then after her death to such child or children yet under eighteen years of age, a sum not exceeding three hun- dred dollars per annum. 3. To any such member of the police force, who, while in the actual performance of duty, and by reason of the performance of such duty, without fault and mis- conduct on his part, shall become permanently disabled, physically or mentally, so as to be unfit to perform full police duty, a sum not to exceed one-half, nor less than one-quarter of his rate of compensation per annum. 4. To any member of the said police force who shall, after ten years, and less than twenty years’ member- LEGISLATIVE AC'LS. 247 ship, become superannuated by age, permanently in- sane or mentally incapacitated, or disabled physically or mentally so as to be unfitted or unable to perform full police duty, by reason of such disability or disease contracted without misconduct on his part, a sum not less than three hundred dollars, nor exceeding six hun- dred dollars per annum. § 6 . Any member of the police force who has, or Retirement of police and shall have performed duty therein for a period of twenty gi^nThere-' years or upwards upon his own application 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 unanimously adopted by a full board, be retired and dismissed from said force and service, and placed on the roll of the police pension fund, and awarded and granted, to be paid from said pension fund, an annual pension during his lifetime, of a sum of not less than one-half the full salary or compensation of such member so retired provided, that no pension granted under the provisions of this act shall exceed the sum of one thous- and dollars per annum. Pensions granted under this act shall be for the natural life of the pensioner, and shall not be revoked, repealed or diminished. §7. Pensions to widows shall terminate when the pensions to • 1 1 11 1 • 1 *1 1 1 11 widows or widow shall re-marry, and pensions to children shall children, when to terminate whenever the children shall respectively i^^erminate. marry or arrive at the age of eighteen years. The board of police commissioners may, in its discretion. Pensions may be ordered to order any pension granted, or any part thereof, to cease ‘^ease, etc. 248 LEGISLATIVE ACTS. Proviso as to granting pensions. Rules, etc. Police may take bail. Fees. or to be diminished except those pensions granted under section six of this act ; but in all such cases the said board shall file with the trustees of the police pension fund a written statement of the causes which deter- mined them, and in ordering any pension so to cease or be diminished, and nothing herein, or in any other act contained, shall render the granting of any pension obligatory on the board of police or chargeable as a matter of right upon said police pension fund except as herein provided. And no member shall be retired upon pension or be pensioned, nor shall any pension be awarded, granted or paid, except as provided in this act, any other law to the contrary, notwithstanding. The said board of police commissioners is authorized and empowered to make and adopt all such rules, orders and regulations as are, or may be, necessary to carry out and enforce the provisions of this act. § 8. The chief of police, any captain or roundsman, may take bail for appearance before a competent magis- trate the next morning from any person arrested for a misdemeanor : and the chief of police, captains or roundsmen, at the time of accepting bail, may demand from the defendant one dollar for perfecting the bail bond. Said dollar and all fees for perfecting bail bonds shall be deposited to the credit of the police pension fund. § 9. This act shall take effect immediately. ORDINANCES OF THE CITY OF SYRACUSE, N. Y. Whereas, it is expedient that the general ordinan- ‘Ces of the city should be consolidated and arranged in appropriate chapters and sections, and conformed to the Revised Charter of the city of Syracuse ; that omis- sions should be supplied and defects amended ; and that the whole should be rendered plain, concise and intelligible ; therefore, Be it ordained by the common council of the city of Syracuse, as follows : All ordinances of the city in force at the time of the passage of the ordinances herein contained, and each and every part thereof, are hereby repealed ; provided, that nothing herein con- tained shall be held or construed to affect, impair or extinguish the right of the city to sue for, and recover any penalty incurred prior to the passage of these ordi- nances, under any of the ordinances hereby repealed. 250 ORDINANCES OF Animals sub- ject to be impounded. Fees. Food to be provided. Authority to sell. Be it further ordained by the common council of the city of Syracuse as follows : CHAPTER I. ANIMALS. Section i. Any horses, cattle, swine, sheep or geese found running at large in the city, or dog not muzzled, as required by chapter eleven of these ordi- nances, found running at large in the city, may be im- pounded in any of the public pounds of the city, from whence they shall not be released until the owner or some other person shall pay to the pound keeper the fees for receiving and discharging the same. The fees to be paid to the pound-keeper shall be as follows, viz : For each horse, . . . $i 00 For each cow or other horned animal, i 00 For each hog, . . . i 00 For each goat or sheep, . . 50 For each goose, . . .25 For each dog, . . . 2 00 § 2. It shall be the duty of the pound-keeper to provide the necevSsary sustenance for all animals im- pounded and kept in the pound, and the reasonable cost of providing such sustenance shall be paid to the pound-keeper, in addition to the fees as aforesaid, be- fore such animals shall be released from the pound ; and it shall be lawful for the pound-keeper to sell at public auction, any animal or animals impounded pur- THE CITY OF SYRACUSE. 251 suant to this ordinance at any time after the expira- tion of six days, upon giving two days’ notice of the Two days’ notice to be sale by advertisement put up at the pound, in the office of the city clerk, and in the postoffice of the city. If the fees and expenses shall be paid before the time of sale the said animals shall not be sold, but shall be released by the pound-keeper. Each pound-keeper Pound-keeper to report shall render quarterly to the common council a true qi^arteriy. statement of all moneys and fees received by him, together with the names of the persons impounding and those paying fees or penalties ; and upon neglect or refusal so to do, his office may be declared vacant, and he shall in addition thereto be subject to a fine of ten dollars for such neglect or refusal. Penalty. § 3. The pound-keeper shall not purchase or be pound-keeper 1 shall not pur- mterested, directly or indirectly, 111 the purchase 01 chase, any animal sold by him as pound-keeper. Any person violating this provision of this section shall be subject to a fine of ten dollars, or to imprisonment in the peni- tentiary of the county for thirty days. If any person preaking into- 1 11 1 1 • 11* • pounds. shall break into or attempt to break into any city pound, or shall interfere with or resist any person who may be driving any of the aforesaid animals to the public pound, or prevent or try to prevent the driving of the same as aforesaid, said person shall be subject to a fine of not less than five nor more than fifteen dol- „ Penalty. lars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense. ‘City not liable for fees and expenses. Dead animals not to be buried within city limits. Penalty. Maltreatment •of animals. Penalty. Goats and kids not permitted to run at large. 252 ORDINANCES OF § 4. The city shall not, in any case, be liable to any pound-keeper for or on account of any fees or expenses due to him, on account of any animal which may be impounded ; and whenever such animal shall be sold and shall not bring enough to pay the fees and penalty, the same may be recovered of the owner of any such animal, by suit in the name of the city, and any re- covery therein shall belong to and be paid to such pound-keeper. § 5. No person shall bury, or cause to be buried, the body of any horse, mule, ox, cow, bull, hog or other animal, within the limits of the city, and any person violating any of the provisions of this section, shall be subject to a fine of not less than five nor more than twenty dollars, or to imprisonment in the peni- tentiary of the county for not le.ss than ten nor more than thirty days for each offense. § 6. Any person who shall inhumanly, unneces- sarily or cruelly beat, injure or otherwise abuse any animal, shall be subject to a fine of not less than five or more than twenty dollars, or to imprisonment in the penitentiary of the county for not less than ten or more than sixty days for each offense. § 7. Any owner or keeper of any goat or kid, who shall permit the same to run, or be at large in any pub- lic highway, street, park, alley, lane or other public place or thoroughfare of the city, shall be subject to a fine of not less than two, nor more than five dollars, or to imprisonment in the penitentiary of the county for THE CITY OF SYRACUSE. 253 not less than ten nor more than thirty days, for each offense; and any person who shall knowingly have kept or harbored any such animal upon his or her premises, for the space of twenty-four consecutive hours, immediately before the time when the same was so permitted to run or be at large, shall be deemed to be the owner thereof. CHAPTER II. AUCTIONS. Section i.* No person or corporation shall, except I'l'f'perty not on judicial sale, expose or offer for sale at auction any Vicenle^^^' goods, wares or merchandise whatsoever within the corporate limits of the city without having first applied for and obtained a license so to do from the mayor or common council, and having paid the fee therefor as in this chapter provided; and any person violating any Penalty, of the provisions of this section shall be subject to a fine of not less than twenty dollars, nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days, nor more than three months, or to both such fine and imprison- ment. § 2. A license for the purpose aforesaid may be Auctioneers’ licenses - -how granted by the mayor or common council upon appli- granted, cation therefor being made in writing, stating the kind of goods intended to be sold, and the person who is to *As amended May 2gth 1893. 254 ORDINANCES OF Fees. Licenses shall expire the suc- ceeding April. Licenses may be revoked. Penalty. Bathing in canals or creek for- bidden. conduct the sale, and upon the payment of a fee there- for to be fixed by the mayor or common council at not less than five nor more than fifty dollars, and no person but the licensee named therein shall conduct a sale under said license. Said license shall specify the term of its continuance and when it will expire, which time may be fixed by the mayor or common council, pro- vided, however, that no license shall run for a longer period than the fifteenth day of April next succeeding the date of its issue. , Said license fee within the limits above fixed may be exacted by the mayor or common council for each and every day such auction sale shall be carried on in said city, and in such case the same shall be paid each day before such sale shall take place. The mayor or common council may for cause deemed satisfactory to him, or them, revoke any license that may be issued under this ordinance, and after such revocation it shall not be lawful to continue any such sale by auction. Any person violating any provision of this section shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to impri.sonment in the penitentiary of the county for not less than thirty days, nor more than three months or to both such fine and imprisonment. CHAPTER III. BATHING. Sp:cton I. Any person who shall, during daylight, swim or bathe, unless covered by .some proper and sufficient garment from neck to knee (except in such THE CITY OF SYRACUSE. 255 place or places as the common council may hereafter by resolution prescribe) in the waters of the Erie or Oswego canals, or in any basin or side cut connected therewith, or in the Onondaga creek, or in any pond within sixty rods of any street or highway, shall be Penalty, subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. CHAPTER ^IV. BRIDGES. Section i. Any owner or driver of any cart, sleigh. Vehicles not ^ to remain on sled, wagon or other vehicle, who shall suffer such vehicle to remain on any bridge in the city for any longer time than is necessary to pass over the same, shall be subject to a fine of not less than five nor more Penalty, than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days, for each offense. §2. Any person who shall offeror expose for sale Sales not to be made any wares, fruit, vegetables, meat or fish, or merchan- bridges, dise whatsoever, on any bridge in the city, shall be subject to a fine of not less than five nor more than Penalty, ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. 256 ORDINANCES OF Not to cross or enter upon bridge after signal. Penalty. Cartmen to be licensed. Penalty. Carts to be nuin bered. § 3. Any person who shall cross or attempt to cross,, or enter upon any swing or hoist bridge in the city, after a signal shall have been given by the person in charge of such bridge indicating that the bridge is to be moved, shall be subject to a fine of not less than five nor more than twenty-five dollars, or to imprison- ment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. CHAPTER V. CARTMEN. Section No person shall pursue the business of a cartman within the city of Syracuse without having a license therefor from the mayor, which license may be granted upon the application therefor and the pay- ment of a license fee of three dollars for each cart or vehicle to be operated thereunder : And such license shall continue in force until the fifteenth day of April next after the granting thereof. Any person violating the provisions of this section shall be subject to a fine of not less than ten dollars and not more than fifty dollars, or to imprisonment in the penitentiary of the county for not less tlian ten days and not more than three months for each offense. § 2. Every cartman shall cause his cart to be num- bered, such number to be designated by, and (together with the name and place of residence of such cartman) *As amended April 28th, 1890. THE CITY OF SYRACUSE. 257 filed with the city clerk, and thereupon the city clerk shall furnish to such cartman, without further charge, duplicate numbers which said cartman shall fasten on his cart, one on each side thereof, so that they may be plainly seen, and shall there retain them during the life of his said license. Any person violating any of penalty, the provisions of this section, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary’ of the county for not less than thirty days nor more than three months, for each offense. § 3. The following shall be the established rates of Rates of charges. charges of cartmen of said city, the said rates to apply to all loads transported within the limits bounded on the west by the west line of Niagara street, on the east by the east line of Irving and Catharine streets, on the south by the south line of Taylor street, on the north by the north line of Division street. For each hogshead of molasses not more than.$ 50 For each hogshead of oil, containing 80 gal- lons or over, not more than 50 For each hogshead of sugar not more than . . 50 For each hogshead of tobacco not more than . 50 For each hogshead of rum, brandy, gin or wine, not more than 50 For each hogshead of alcohol not more than . 50 For every seven barrels of flour not more than 50 For every five barrels of salt not more than . 50 For every load of loose salt of eighteen bush- els or over, not more than 50 For every load of salt kettles not more than . 50 For every load of stone not more than 50 Penalty. Where to stand. 258 ORDINANCES OF For every load of earthen or hollow ware not more than 50 For every load of coal of ten cwt or over, not more than . . 50 For every load of lumber of 500 feet or over, not more than ' 5Q For every load of household furniture not more than i 00 For every piano forte not more than 2 00 For every load of articles not enumerated above, not more than 50 For each load carried to or from any point or points beyond said limits, an extra charge may be demanded ; but such extra charge shall not be greater than at the rate of forty cents per mile on the distance from said point or points to said limits, and the same rates shall be observed b}^ all cartmen living and carrying on said business within the first ward. Any cartman who shall demand any higher rate of charges than as herein specified, shall be subject to a fine of not less than ten nor more than twenty dollars, or to imprison- ment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense. ^ 4. The committee of the common council on licen- ses is. hereby authorized to make, from time to time, such regulations respecting the .stands for carts, trucks or wagons, while waiting for employment, as in its judgment may be.st promote the public convenience; and no cart, truck or wagon .shall be permitted, by the owner or driver thereof, to stand waiting for employ- ment in any other public .street or place in the cit}^ THE CITY OF SYRACUSE. 259 than as so designated. Any person refusing to com- I’enaity. ply with the regulations so made shall be subject to a fine of not less than five nor more than fifteen dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense. The provisions of this section shall not Exception. apply to the first and second wards. § 5. No person or corporation shall use, cause or aii vehicles ^ carrying 4,000 suffer to be used, any wagon, cart or other vehicle, P"e??ohave loaded with or carrying any freight or material of the weight of four thou.sand pounds or upwards, upon any paved, macadamized or improved street within the limits of the city of Syracuse, unless the tires upon said wagon, cart or other vehicle shall be at least four inches in width ; and no person .shall use, cause or suffer to be u.sed on such street, any wagon, cart or other vehicle loaded with or carrying any freight or material of the weight of three thousand pounds, or'i 'ires three inches wide. any greater weight le.ss than four thousand pounds, unless the tires upon said wagon, cart or other vehicle shall be at least three inches in width. Any person violating any of the provisions of this section .shall be subject to a fine of not le.ss than five nor more than |.e„aity. twenty-five dollars, or to imprisonment in the peniten- tiary of the county for not less than ten nor more than sixty days, for each offen.se. The mayor, and alderman or policemen may require any person he shall suspect of violating this ordinance, to weigh the load upon his vehicle, in order to ascertain the correctness of his suspicion. In case the load so weighed shall exceed 26 o ORDINANCES OF the limit above specified, the expense of such weighing- shall be added to the penalty above provided, otherwise it shall be paid by the city. CHAPTER VI. CEMETERIES. Sexton of SECTION I. The cemetery located in the first ward, first ward cemetery. and kiiowii as the “ First Ward Cemetery,” shall be under the charge of a sexton, to be appointed by the common council annually, and shall be subject to such rules and regulations as may be prescribed by the com- mittee on cemeteries of the common council. Sexton oi §2. The Cemetery located in the fourth ward,* fourth ward tweifth^wardT designated and known as ” Rose Hill Cemetery,” shall —his duties under the charge of a sexton to be appointed by the common council annually. He shall reside in the dwelling upon the cemetery grounds, free of rent, and shall keep the grounds, walks, avenues and streets of said cemetery in good order and free from obstructions. He shall as often as once in each month from the 15th day of April to the i6th day of November in each year, mow the grass and remove the weeds and thistles from the avenues, streets and walks, and from such surveyed lots as are not properly taken care of by their respect- To enforce ive owiiers. It shall be his duty to enforce the ordi- the ordinances , , . . ^ , and reguia- iiaiices and regulations concerning the cemetery, and tions. he shall have power to arrest all persons trespassing in *Now twelfth ward. THE CITY OF SYRACUSE. 261 any manner therein ; it shall also be his duty and he shall have power to direct how and where any dead body not belonging to the owner of any lot shall be buried, and to prevent the burial of any body in any unsold lot, or any lot which is the property of another without the owner’s consent. He shall not be an undertaker, or connected with or interested in any undertaking establishment ; and he shall wear a badge on his breast or coat with the words ‘ ‘City Sexton’ ’ dis- tinctly visible thereon. In addition to the duties herein mentioned, he shall dig all graves within the cemetery grounds at the rates herein or hereinafter to be established by the common council, and subject to such regulations as may be prescribed by the ordinances of the city. §3. All applications for lots in either of the ceme- Sexton to sell lots and issue teries, under charge of sextons appointed by the com- certificates, mon council, .shall be made to the sexton having the grounds thereof in charge, and it shall be his duty to give such information as may be requested. The .sex- tons shall each be provided with a cemetery map on which all lots which have been or may be dispo.sed of shall be de.signated. They shall also each be provided with a book containing a list of the un.sold lots with their respective numbers and the valuation of each lot, in which book they shall enter all certificates granted, and the name of the person to whom granted. The certificate shall specify the number of the lot and its valuation. On issuing a certificate the sexton .shall be entitled to receive fifty cents therefor from the appli- cant. 262 ORDINANCES OF. Cemetery deeds— how to be given. Forfeiture of lot. Reports— how to be made. Fees for digging graves. § 4. If the holder of a certificate for a cemetery lot shall present such certificate to the city treasurer and pay over to him the amount of the valuation therein specified within twenty days from the date of such cer- tificate, such holder shall be entitled to a deed of such lot. Such purchaser on making such payment, shall take said treasurer’s receipt therefor and immediately present the same to the city clerk ; upon the receipt of which the clerk shall cause an entry of the sale to be made, and shall grant a deed of such lot to the pur- chaser, signed by the mayor and countersigned by him- self, and affix thereto the seal of the cit}’. If the cer- tificate is not presented within the time specified, the said lot shall be forfeited and any body that may have been buried therein shall be removed into the public ground at the expense of the person obtaining such certificate. § 5. The city treasurer shall keep an account with the cemetery fund, in which all moneys received or paid on account of any of the cemeteries shall be en- tered. The city clerk and city treasurer shall report to the common council annually a statement of the several accounts kept by them. The sextons shall each annually report the number of certificates granted by him during the year, with a de.scription of the lots, the names of the person to whom granted, and the date of each certificate. §6. The graves dug by the sextons shall be of the' depth of five feet, and the rates of compensation for digging and filling up the same shall be as follows: THE CITY OF SYRACUSE. 263 For box graves for children under ten years. .$2 00 For plain graves for children under ten years, i 50 For box graves for persons over ten years. . . 2 25 For plain graves for persons over ten years., i 75 For taking up a body and refilling a grave. . 4 00 In case of reburial of such body the regular fee for the same shall be added to the above. § 7. Any person who shall leave any horse or vehicle Not to obstruct Standing in any avenue, street or path in any of said cemeteries or who shall fasten or cause to be fastened, any horse therein at any other place than at the posts provided for that purpose, or shall leave any horse un- fastened therein, or shall cut, break or in any manner injure or destroy any tree, shrub or plant, or pick. Not to^injure crush, gather or in any manner destroy any flower, either wild or cultivated, or any herbage, or the fruit or product of any such tree, shrub or plant within any of the cemeteries aforesaid; or shall write upon, soil, deface, remove, displace or in any manner injure or nol to deface or displace destroy any monument, fence, stake, post or other structure in or belonging to any of the said cemeteries ; or shall deposit or cause to be deposited, any filth or Not to deposit filth in, etc. unclean or offensive substance therein ; or shall dis- charge any firearms in either of the said cemeteries, or any other place within the city, with the intent that the contents thereof shall enter either of the said ceme- teries, shall be subject to a fine of not less than three I'enaity. nor more than ten dollars, or imprisonment in the peni- tentiary of the county for not less than ten nor more,,,.,, than thirty days for each offense. Children under the not't'o cnter.^ 264 ORDINANCES OF Children’s carriages not allowed to enter. Keeper of To be kept in good order. When to be displayed. age of twelve years are hereby prohibited from entering or visiting Rose Hill cemetery, or any other cemetery within the limits of the city of Syracuse, unless ac- companied by their parents or proper guardians, and children’s carriages are strictly prohibited from enter- ing said cemetery grounds, unless permission first be obtained from the proper authority. CHAPTER VH. CITY FLAGS. Section i. The chief engineer of the fire depart- ment shall be the keeper of the city flags and flag- staffs. § 2. He shall see that the several flags are kept clean and in good order, and shall not allow them to be used for any other purposes than those specified in this chapter. He shall also see that each staff is properly painted, and as far as practicable protected from decay, and that suitable halyards are furnished to each staff. § 3. He shall cause each flag to be displayed upon its staff from sunrise until sunset on the fourth day of July, the twenty-second day of PAbruary and the thirtieth day of May in each year, except when said days shall occur upon Sunday, in which case said flags shall be so displayed on the Monday next follow- ing, also upon the day of the inauguration of the city THE CITY OF SYRACUSE. 265 government, and also upon the day of the inauguration of the president of the United States, and at such other times and in such manner as the mayor or common council may, from time to time, direct. § 4. Any person who shall deface or iniure any such Penalty for flag, flag-staff, or the halyards belonging to the same, shall be subject to a fine of not less than five nor more than, one hundred dollars, or to imprisonment in the penitentiary of the county for not less than ten days nor more than three months, for each offense. CHAPTER VIII. CITY HATE. vSection I. The standing committee of the common Committee on city hall to council designated as the Committee on City Hall, general ’ charge of shall have the general charge, care and custody of the said building, its fixtures, furniture and the grounds about the same; it shall have power to direct the cleaning and keeping in order of the same ; to prevent the occupation of any part of the building or grounds by unauthorized persons, and the improper assembling of persons therein ; to direct the repairs on the build- ing and furniture therein ; to permit the temporary use of the building (or such parts as are not specially ap- propriated), for meetings of citizens for objects of a general public interest ; and to fix the rates to be paid for the use of the same. 266 ORDINANCES OF Description. CHAPTER IX. CITY SEAL. Section i . The seal hereafter to be used by the city of Syracuse shall be as herein described, to wit : — In the center a locomotive with train of cars and section of railroad bridge over a canal, in the back- ground a row of salt blocks, hills and the rising sun surmounted by the words “Central City,’’ in the fore- ground a solar salt field, canal and loaded canal boat with a team of horses and their driver towing the same, beneath which are the words and figures, ‘ ‘ City of Syracuse, 1848,“ which seal represented as aforesaid and hereto annexed, shall be, and is hereby established and declared to be, hereafter the common seal of the city of vSyracuse. THE CITY OF SYRACUSE. 267 CHAPTER X. DOCUMENTS AND RECORDS. Section i. No person or persons shall carr}' out or Documents not to be taken remove any papers, specifications, plans, documents, or records or any property whatsoever belonging to the city from any room or department in the city hall building, except under direction of the ma3^or or common council. Any person violating any provision of this section shall be subject to a fine of not less than twenty-five Penalty, nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days, nor more than three months, for each offense. ^2. The city clerk shall keep a record of all real city clerk to keep a record property and interest in real property acquired by liie own^i bv cRy city, and shall provide and keep for the purpose a suitable book, which shall contain the following entries relating to such property, together with such additional data in any particular case as he shall deem important. OJ deeds of property : — 1 . The name of the grantor. 2. The character of the conveyance, whether (piit claim, warranty, or full covenant deed, etc. 3. The date of conveyance. 268 ORDINANCES OF 4. The consideration. 5. A description of the premises. 6. All reservations, exceptions and conditions con- tained in the conveyance and any other portion of such conveyance which affects the interests or estate con- veyed. 7. The date when, and the book and page where such deed is recorded in the office of the clerk of Onon- daga county. 8. The date of the acceptance of such conveyance by the common council. • Of la?ids acquired under statutory proceedmgs : — 9. In case of lands or any interest therein that have been or shall hereafter be acquired by proceedings taken under any statute, che said record shall contain a description of the premises and a full statement of such proceedings with a reference to the official record thereof in the county clerk’s office, and all maps relat- ing thereto Of la?ids dedicated to public use by the Syracuse Com- pa7iy and other parties : — 10. In case of lands that have been dedicated to public use by the Syracuse company, or that have been or may hereafter be so dedicated by any party, where no actual conveyance has been made, there shall be entered a description of such lands, with date and man- THE CITY OF SYRACUSE. 269 iier of dedication with a reference to any matter of record, and to all maps relating thereto. There shall also be entered any improvement or other act done by the city, declaring or indicating an intent to accept said lands for public use. CHAPTER XI. DOGS. Section i.* After the first day of August next it Dogs must be lincensed. shall not be lawful for any dog or bitch to run or to be at large in any of the streets, alleys, parks or public places, within the city of Syracuse, without being duly licensed, and wearing a metal tag as hereinafter pro- Must wear vided. Such license may be granted upon application to the city clerk, and shall be signed by him and the mayor, and shall continue in force until the fifteenth Licenses ex- pire on 15th day of April next after the granting thereof. livery person receiving such license shall pay to the city clerk for the use of the city of Syracuse the sum of fifty cents Fees, for every dog, and the sum of one dollar for every bitch so licensed. Any dog or bitch so licensed must wear around its neck a collar, to which shall be attached a metal tag, pags must be numbered. distinctly marked with a number designated by the city clerk, and stated in the license granted ; such metal tag, shall be furnished by the city of Syracuse, and any person receiving one shall pay therefor the sum of *As amended May iith, 1891, and June 26th, 1893. ORI)INA.\XES OF 270 ORDINAAXES OF twenty-five cents. The use of any other tag as a sub- stitute for those furnished by the city is hereby strictly forbidden. City clerk to keep record of licenses. The city clerk shall keep a record of all dog licenses granted, which shall show the name and residence of the person to whom issued, together with the number designated upon the metal tag furnished therewith. Penalty. Any person violating an}" of the provisions of this sec- tion shall be subject to a fine of not less than five nor more than ten dollars ; or to imprisonment in the peni- tentiary of the county for not less than ten or more than thirty days, for each offense. Mayor to designate § 2. It shall be lawful for the pound keeper, any toTelze^dogs policemati, or any person authorized in writing by the wit out tags. gQ capture, seize and deliver to the Dogs im- pounded — how dis- posed of. public pound, or any place designated by the mayor, any dog or bitch found running at large in any of the streets, alleys, parks or public places within the city of Syracuse, without having the metal tag attached as provided in section i of this chapter. Any dog or bitch so impounded may be redeemed by any person producing the license thereof, within forty- eight hours after capture, upon payment to the pound-keeper of the sum of two dollars. Penalty for interference. All dogs or bitches not redeemed within seventy-two hours after capture shall be killed by the pound-keeper. Any person who shall interfere with the pound-keeper, any policeman or any such authorized person, while seeking to capture any dog or bitch shall be subject to THE CITY OF SYRACUSE. 271 a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary for not less than five nor more than ten days, for each offense. Any authorized person, other than the pound-keeper or a policeman, capturing and delivering a dog and bitch to the public pound, shall be entitled to receive from the Compensation for capturing, pound keeper, one half of the money paid to redeem such dog or bitch. Such authorized person shall also be entitled to receive from the city of Syracuse, for each dog or bitch captured by him and killed by the pound-keeper, the sum of fifty cents, to be paid from the contingent fund. The pound-keeper shall make a Pound-keeper to report to sworn report to the common council, upon the first day of each month, showing the number of dogs and bitches killed by him, and by whom captured during the preceding month. § No licensed dog or bitch shall be permitted to !><>«:« must be muz/. led run or be at large in any of the streets, alle3'S, parks or |^st\Tnd Sep-''" public places within the city of Syracuse, between the^*^'”*^^’ first day of July and the fifteenth day of vSeptember without being securely muzzled with a wire muzzle fastened with a chain or strap, and it shall be lawful for the pound-keeper, any policeman, or any person authorized in writing by the mayor or chief of police so to do, to capture, seize and deliver to the public i^’„„nizzied pound or any place designated by the mayor, aii}^ such Sedl^'iifd impounded. unmuzzled dog or bitch found running at large in the city. Such unmuzzled dog or bitch may be redeemed, by any person producing the license therefor, within ^ev- Compensation for catcher. Report to common council. Penalty for interferance. Ownership of dogs — how determined. Penalty for refusal to obtain license. 272 ORDINANCES OF enty-two hours after the capture, and upon payment to the pound-keeper of the sum of two dollars. Any such authorized person, other than the pound-keeper or a policeman, capturing and delivering such unmuzzled dog or bitch to the public pound, shall be entitled to receive from the city of Syracuse, for such unmuzzled dog or bitch captured by him and killed by the pound- keeper, the sum of fifty cents, to be paid from the con- tingent fund. The pound-keeper shall make a sworn report to the common council, upon the first day of each month, showing the number of unmuzzled dogs and bitches killed by him, and by whom captured, during the pre- ceding month. Any person who shall interfere with the pound-keeper, any policeman or aii}^ such author- ized person, while seeking to capture an unmuzzled dog, shall be subject to a fine of not less than five nor more than twenty-five dollars, or to imprisonment in « the penitentiary of the county for not less than ten nor more than thirty days, for each offense. § 4. Any person owning a dog or bitch or harboring a dog or bitch upon premises occupied by him or her, for three consecutive days, shall be deemed to be the owner thereof, and upon neglect or refusal to obtain a license for such dog or bitch, as provided in this chap- ter, shall be subject to a fine of not less than three nor more than ten dollars, or to imprisonment in the peni- tentiary of the county for not less than five nor more than ten days, for each offense. THE CITY OF SYRACUSE. 2/3 CHAPTER XII. DISORDERLY HOUSES. Section i. An}^ person who shall keep or maintain, houTel^-keep- or be an inmate of or in any way connected with or in ° any way contribute to the support of any disorderly house, or house of ill-fame or place for the practice of fornication, or knowingly own or be interested as pro- prietor or landlord of any such house, shall be subject to imprisonment in the penitentiary of the county for Penalty, not less than thirty days nor more than three months, or to a fine of not less than twenty-five nor more than one hundred dollars. §2. Any female who shall be found loitering or -Street stroii- strolling about the streets of the city, by day or night, without any regular lawful business, or who shall be convicted of being a prostitute, shall be subject to a fine of not less than ten nor more than fifty dollars, or penalty, to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months. § 3. Any person who shall keep or be an inmate ^nd a gaming house or room, or any person who shall visit such gaming house or room, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months. Any person who shall have, or keep, uambiing: instruments or permit to be used in any building or place in the to be used. ORDINANCES OF Penalty. Resistance to officers. Penalty. Pool tables in saloons, etc. Penalty. 274 city, occupied or controlled by such person, any E. O. table, keno or roulette table, faro bank, shuffle board, bagatelle, playing cards, or any instrument or device or thing used for gambling, whereon or with which money, liquor or other articles shall in any manner be played for, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment, for each offense. Any owner or keeperof, or any person within such gaming house or room, who shall refuse to permit the mayor, any alderman, the police justice, chief of police, or any policeman to enter the same, or shall obstruct or resist any of the aforesaid officers (or persons summoned by them to assist), in entering such place, or in the destruction of any instruments or devices employed in gambling in such places, shall be subject to a fine of not less than ten nor more than one hundred dollars or to imprisonment in the penitentiar}^ of the county for not less than thirty days nor more than three months or both such fine and imprisonment, for each offense. § 4. Any person who shall keep a pool table in any saloon, room or place where beer or liquors of any kind are sold or drank, and shall permit or allow any person who is under the age of eighteen years to play pool thereon, .shall be subject to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days THE CITY OF SYRACUSE 275 nor more than three months, for each offense, and one- half of such fine shall be paid to the informer, when the same shall be paid. §5. The mayor, police justice, chief of police, any alderman or policeman, or person summoned by them or by any of them to aid them, may enter any disorderly house, house of ill fame, house of prostitution or assignation, or gaming house or room, and arrest, with or without warrant, any suspicious persons found therein and destroy any instruments or devices em- May destroy instruments, ployed in gambling in such places, and if admission be refused, may enter by force, by breaking the doors or otherwise. CHAPTER XIII. EXHIBITIONS. Section i. No person shall exhibit for money any theatrical reprCvSentation, concert, caravan, circus, feats etc!^^ licensed, of horsmanship, or other natural or artificial curiosity, or open or maintain any hall or rink for skating or other amusement for the public for entrance to which a fee shall be charged, or for hire, without first obtain- ing a license therefor. Such license may be granted by the mayor or common council upon payment of a license fee of not to exceed fifty dollars for a single exhibition, the amount to be in the discretion of the mayor or common council. The license shall specify the object and the length of time for which it has been 276 ORDINANCES OF Penalty. Exhibitions exempt from license. Indecent exposure of person, or ex- hibition, lewd books and pictures. issued. It shall be the duty of the person so licensed to keep good order in and about his place of exhibition or amusement, and for that purpose to keep, at his own expense, a sufficient police force. Any person who shall violate any of the provisions of this section shall be subject to a fine of not less than twenty-five dollars nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, and to a like fine or imprisonment for every day such person shall continue such exhibitions, in violation hereof, after the first conviction. No license shall be required, however, for musical parties, concerts, theatrical representations or exhi- bitions of paintings, or statuary given or made by citizens of the city, who shall not make such exhibi- tion, musical parties, concerts or theatrical representa- tions for a business or profession. ^ 2. Any person who shall within the city appear in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress, or make an indecent exposure of his or her person, or shall sell or offer for sale any indecent or lewd book, picture or other thing, or shall exhibit or perform any indecent or immoral play or other representation or shall exhibit or cause or permit to be exhibited on any bill-board, or in any window, or in any public place in the city, any lewd, immoral or obscene picture, or illustrated paper containing an immoral picture or printed matter, shall THE CITY OF SYRACUSE. 277 be subject to a fine of not less than fifteen dollars nor Penalty, more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment, for each offense. § 3. No undertaker or other person shall exhibit a.ny Undertakers not allowed to coffin, shroud or other habiliment of the grave upon exhibit coffins. etc., in show any sidewalk, in any show window or other place where the same may be observed by one passing upon any street or sidewalk of the city. Any person who penalty shall violate any of the provisions of this section shall be subject to a fine of ten dollars, or to imprisonment in the penitentiary of the county for ten days, or to both such fine and imprisonment for each offense. § 4. No undertaker or other person or persons shall Bodies of dead persons not to exhibit in any public place or in any building where exhibited, the same shall be visible from any street, square or alley, the remains of any person who has died by acci- dent or otherwi.se. Any person violating any of the Penalty, provisions of this .section shall be subject to a fine of ten dollars, or to imprisonment for ten days, or to both such fine and imprisonment for each offen.se. CHAPTER XIV. FIRE ALARM TELEGRAPH. Section i. Any person who shall make, or cause Making or to be made, or have in his possession, anykey, im- wiulout pei- mission. pression or duplicate of any signal box of the fire alarm 278 ORDINANCES OF Penalty. Giving false alarm, or injuring apparatus. Penalty. Wires not to cross, etc. telegraph in this city without the express permission or authority of the board of fire commissioners, shall be subject to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months for each offense. § 2. No person shall give, or cause to be given, a false alarm, with intent to deceive, or pull the slide of any station or signal box except in case of fire in said city, or transfer, meddle or in any way interfere with said signal boxes, or any part thereof, or cut, break, injure, deface or remove any of said boxes or any part thereof, connected with any part of said fire alarm telegraph, or make any connection or communication therewith, so as to interrupt or interfere with the proper working of the same, or with intent to injure, break or destroy any machinery or fixtures connected therewith. Any person violating any of the provis- ions of this section shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment. § 3. No corporation or person shall cause any tele- graph, telephone, electric light or other wire, to be erected so as to cross or to pass along the line of the fire alarm telegraph, above the wire used by said fire alarm telegraph. Any corporation or person who shall violate any of the provisions of this section shall be sub- ject to a fine of not less than twenty-five nor more than Penalty. THE CITY OF SYRACUSE. 279 one hundred dollars, or to imprisonment in the peni- tentiary of the county for not less than thirty days nor more than three months. CHAPTER XV. FIRE ARMS, FIRE WORKS, ETC. Section i. Any person who shall discharge any Discharging fire arms or cannon, gun, fowling piece, pistol, revolver, or forbidden arms of any description, or explode or set off any squib, fire cracker, or other combustible material, within the city limits, without permission from the common council or written permission from the mayor, shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days, for each offense. And any person who shall violate any of the provisions of this section after the hour of eight o’clock in the evening, shall be subject to a fine of not less than ten nor more Penalty, than fifty dollars, or to imprisonment in the peniten- tiary of the county for not less than thirty days nor more than three months, for each offense. § 2. Any person who shall without permission of the Blasting common council, or written permission of the mayor, without^ permission. discharge or let off any blast of gun-powder or other explosive material, in the streets or elsewhere within the bounds of the city, or direct or procure such dis- charge or be accessory thereto, shall be subject to a 28 o ORDINANCES OF Penalty. Fire limits Limits in which no wooden build- ings can be constructed. fine of not less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than sixty days, for each offense. CHAPTER XVI. ■ FIRE LIMITS. Section i. The entire territor}' included within the boundaries of the city of Syracuse shall constitute the fire limits of said city. § 2. No wooden or frame building shall be built, or added to if already built, any part of which shall be more than fifteen feet in height, or the area more than two hundred square feet, within the following described boundaries, viz : Beginning at the intersection of the foot of West Adams street and Onondaga creek, along West Adams street and East Adams street to Montgom- ery street, along Montgomery street to Cedar street, along Cedar street to Mulberry street, along Mulberry street to Lock street, along Lock street to Laurel .street, thence northeasterly along Union street to Butternut .street, thence northeasterly along Butternut street to Townsend .street, thence northea.sterly along Townsend street to Isabella street, thence .south we.sterly along Isabella .street to Lock street, thence southea.sterly along Lock .street to Salt street, thence southerly along Salt .street to Laurel street, thence south we.sterly along Laurel .street and its .south line ])rojected to Onondaga creek, thence we.sterly along West Gene.see street to THE CITY OF SYRACUSE. 281 North West street, thence southerly along North West street to Tracy street, thence southwesterly along Tracy street to a point opposite the center of Wyoming street, thence southerly to and along Wyoming street to Otisco street, thence easterly along Otisco street to South West street, thence northerly along South West street to West Jefferson street, thence easterly along West Jefferson street to the Onondaga creek, thence southerly along said creek to West Adams street, the place of beginning. § 3. No wooden building, or part of such building Removal or enlargement situated within the boundaries described in the forego- buildings on hre limits — ing second section, shall be raised, enlarged or removed from one place to another within the said boundaries, nor shall any such building be removed from without to any place within the said boundaries. No wooden buildings within said boundaries which may hereafter be damaged to the extent of fifty per cent of the value thereof, shall be repaired or rebuilt, nor shall any build- ing, when the damage to the same shall be less than fifty per cent, be so repaired as to be raised higher than the highest point left standing after such damage shall have occurred, and then only by permission of the fire marshal. The amount of damages aforesaid shall be determined by the fire marshal. §4. All depositories for ashes within the fire limits Depositories of the city shall be built of brick or stone, or other fire- imw tVbe constructed. proof material, without wood or other combustible material in any part thereof. Any person violating any of the provisions of this section shall be subject to 282 ORDINANCES OF Penalty. Penalties for erecting or removing buildings on fire limits. No wooden buildings to be built with- out permis- sion of fire marshal. a fine of not less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than sixty days for each offense, and to a like fine or to a like impris- onment for every twenty-four hours such violation shall continue after the first conviction. § 5. Any owner, builder or other person who shall build or aid in the erection of any building or part of a building within the boundaries described in the second section of this chapter, contrary to, or in any other manner than authorized by the foregoing provisions of this chapter, or who shall remove or assist in removing any wooden building from one place to another within the said boundaries or from without said boundaries to any place within the same, or repair or assist in repairing any damaged wooden building, contrary in either case to any of the foregoing provivsions of this chapter, shall be subject to a fine of not less than twent3^-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, and to a like fine or to a like im- prisonment for every forty-eight hours such person shall fail to comply with the provisions of this chapter, or continue in violation thereof. ^6. No wooden building or wooden structure of any description shall be built or constructed, nor shall any such building or structure be enlarged or raised within the fire limits of the city and without the boundaries described in the second section of this chapter, without THE CITY OF SYRACUSE. 283 the permission of the fire marshal in writing. Any Penalty, person violating any of the provisions of this section shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprison- ment in the penitentiary of the county for not less than tliirty days, nor more than three months, and to a like fine or to a like imprisonment for every twenty-four hours, after the first conviction, such person shall neg- lect or refuse to comply with the order of the fire marshal in the premises. § 7. No wooden building or wooden structure of any Nobuiidinj?- 1 • • 1 11 1 1 r to be moved description shall be moved from one place to another without per- mission of within the fire limits and without the boundaries de- council and scribed in the second section of this chapter, or from [IJ without to any point within said fire limits without the permission of the common council and the fire marshal in writing. Any person violating any of the i>enaity. provisions of this section .shall be subject to a fine of not less than twenty nor more than fifty dollars, or to impri.sonment in the penitentiary of the county for not less than thirty days nor more than three months, and to a like fine or to a like imprisonment for every twenty-four hours after the first conviction such person shall neglect or refuse to comply with the orders of the common council or of the fire marshal. § 8 . No fence, nor bill-advertising or sign-board no fence, . . bill-adver- against or upon the line of any fence, shall be erected or sij^n board to within the city limits to a greater height than six and one-half feet from the ordinary surface of the ground, wituifiu iS- without permission first had by resolution of the com- 284 ORDINANCES OF Penalty. moii council approved by the mayor. Any person violating any provision of this section shall be subject to a fine of not less than ten nor more than twenty- five dollars, or to imprisonment in the penitentiary of the county for not less than thirty nor more than sixty days, and a like fine or a like imprisonment for each day that any fence, bill-advertising or sign-board, erected in violation hereof shall remain after notice to remove the same. Buildings with twenty- five or more occupants to erect fire escapes. § 9."^ All owners of a building or buildings used as a church, hotel, boarding house, factory, public hall, skating rink, tenement block or any building in which twenty -five or more persons occupy any of the stories above the second story, shall, if in the opinion of the fire marshal of the city of Syracuse, the same shall be deemed necessary, build, erect, prepare and furnish for such buildings one or more fire escapes, as may be deemed by the fire marshal as necessary and sufficient therefor. Fire escapes Such fire escapes shall be provided on the outside of — how con- structed, etc such building, connecting with each floor above the first, well fastened and secured, and of sufficient strength, each of which fire escapes shall have landings or balconies, not less than six feet in length and three feet in width, guarded b}^ iron railings not less than three feet in height, and embracing at least two win- dows at each story and connecting with the interior by easily accessible and unobstructed openings, and the balconies or landings shall be connected by iron *As ametided April iith 1892. THE CITY OF SYRACUSE. 285 stairs, not less than twenty-four inches wide, the steps not to be less than six inches tread, placed at not more than an angle of forty-five degrees slant, and protected by a well secured hand-rail on both sides with a twelve inch wide drop ladder from the lower platform reaching to the ground. Any fire escape so constructed shall Fire escapes must be ap- be sufficient. Any other plan or st3de of fire escape ^r^mar^hai shall be sufficient, if approved by the fire marshal but if not so approved, the fire marshal may notify the owner, proprietor or lessee of such building, or any of them, in writing, that any such other plan or sfyle of fire escape is not sufficient, and ma}' by an order in writing served in like manner, require one or more fire escapes as he shall deem necessary and sufficient, to be provided for such building at such locations and of such plan and style as shall be specified in such writ- ten order. Any person failing or refusing to comply with the Penalty, requirements of the fire marshal given as herein pro- vided, for a period of ten days, shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county of Onondaga, for not less than thirty days or more than three months, and to a like fine or to a like imprisonment for every thirty days such person shall neglect or refuse to comply with such requirements after the first conviction. 286 ORDINANCES OF CHAPTER XVII. FIRE, PREVENTION OF. bncko^rTtone SECTION I. No pipe of any stove, furnace or boiler, chimneys. shall be put Up, uuless it be conducted into a chimney made of brick or stone, except by permission of the fire marshal, and upon a certificate, under his hand, that in his opinion, the manner in which it is put up is equally safe as if it were conducted into such chimney. Penalty. Aliy persoii who shall put up any such pipe, contrary to the provisions of this section, shall be subject to a fine of not less than three nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, and to a like fine or to a like imprisonment for every twenty- four hours such pipe shall remain so put up, after the first conviction. Fires to be kept in proper receptacles. Penalty. § 2. No person shall make or keep a fire in aii}^ yard, woodhouse, or other out-house or building in this city, unless in some proper receptacle for fire, communicat- ing with a chimney. Any person violating any of the provisions of this section shall be subject to a fine of not less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. Combustible siibst.ances, where deposited. § 3. No hay, straw or other combustible substance or material shall be deposited within fifteen feet of any'' place where fire ashes are kept, unless such place be a THE CITY OF SYRACUSE. 287 close and secure building, and no person shall be per- mitted to maintain a wood yard or kindling wood manufactory in which the sawing is done by steam power within twenty-five feet of any wooden building or buildings. Any person violating any of the pro- visions of this section, shall be subject to a fine of not Penalty, less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense, and to a like fine or to a like imprisonment for every twenty-four hours during which any such matter so deposited in such wood-yard or kindling wood manufactory shall remain after the first convic- tion, and if any such deposit or the contents of such wood- yard or manufactor}" shall not be immediately removed upon notice from the chief engineer of the fire department or any one of the fire commissioners, requiring such removal, any policeman or fireman may remove the same at the expense of the offender. § 4. No lighted candle or uninclosed lamp or light of Candies and lamps. any kind shall be used in any shop, stable or other place or building where chips, shavings, hay, straw, or other combustible materials shall be kept. Any person violating any of the provisions of this section shall be subject to a fine of not less than five nor more Penalty, than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. * §5. Every carpenter, joiner, cooper or other JiJlivfngs &c chanic or person keeping a shop or other building 288 ORDINANCES OF Penalty. Chips, etc., not to be scattered in streets. Penalty. Articles deemed dan}.>:erous to be removed. wherein chips, shavings or other combustible matter may be contained, shall, at least once a week, clean and remove the same from such shop or building, and from any yard belonging thereto, and cause the same to be securely stored in some safe place remote from danger by fire. Any person violating any of the pro- visions of this section shall be subject to a fine of not less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense § 6. Any carpenter, joiner, cartman or other person who shall in removing any chips, shavings or other combustible matter from any shop, building or yard, scatter or throw them in any street or lane, or shall at any time direct, permit or suffer any of them to be thrown or scattered in any street or lane, shall be sub- ject to a fine of not less than five nor more than twen- ty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, for each offense. § 7. Whenever any article, material or substance, stored, placed or kept within the city limits shall be deemed by the chief engineer of the fire department, or board of fire commissioners, to be dangerous to per- sons or property on account of its liability to fire or ex- plosion, said chief engineer or said board of fire com- missioners, shall, in writing, notify the person oD persons, or any one of them having the possession or THE CITY OF SYRACUSE. 289 control thereof, forthwith to remove the same to some place without the city or to such safe place or places within the city, as the chief engineer of the fire depart- ment shall designate. If such person or persons, who shall have placed or shall have the possession or con- trol of such article, material or substance, shall be unknown, or cannot be found upon the premises where the same is stored or kept, or shall fail forthwith to remove the same, after receiving such notice, it shall be lawful for either said chief engineer of the fire de- partment or board of fire commissioners, or any person authorized by him or them, to enter, in the daytime, into any dwelling-house, store, stable, or other build- ing or inclosure, or vessel, or other place or places whatsoever, where the same may be, and remove the same to such place or places as the chief engineer of the fire department may designate. The said chief engineer or said board of fire commissioners shall give such orders and directions touching the lying and fas- tening of any vessel whatever, having on board any Vessels containing' gunpowder or other combustible materials which are powder, dangerous in causing or promoting fires,, as he or said board may think conducive to safety or shall direct such gunpowder or other combustible matter to be removed to a place of safety, and if any such order is not forthwith complied with, he or .said fire commis- sioners may remove the .same to such place as he or they may designate. Any per.son who shall neglect or fail to remove any material or substance, as provided in this section for a period of twenty-four hours after being notified to remove the same, or who shall resi.st 290 ORDINANCES OF Penalty. Stores to have scuttles and stairways. Penalty. Fires not to be kindled in streets, &c. without per- mission. Penalty. or prevent, or attempt to resist or prevent any removal of such explosive substance or substances, or who shall neglect or refuse to obey the directions or orders given, as provided in this section, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty nor more than sixty days, for each offense. § 8. Every store or other building exceeding two stories in height, wherein any mercantile or manufac- turing business is carried on, within the limits of the city, shall have a scuttle on the roof and a convenient and suitable stairway or ladder leading to the same, so as to afford a convenient access to the roof of such building in case of fire. The owner or the occupant of any such store or other building who shall not conform to the requirements of this section within twenty days after being notified so to do, shall be subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than sixty days, and to a like fine or to a like imprisonment for every ten days the offense shall continue after the first conviction. ^9. No person shall, without permission of the mayor, kindle any fire or furnish materials for any fire, nor in any way authorize or allow any fire to be made, or in any manner aid or assist in making any fire in any street, square, lane, or alley, or on any wharf or dock or on any vacant lot in this city. Any person violating any of the provisions of this section shall be THE CITY OF SYRACUSE. 291 subject to a fine of not less than two nor more than ten dollars or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. § 10. It shall be the duty of the fire marshal to in- F it's marshal to inspect spect all new buildings in progress of erection, and all '=’Tyidings. buildings now in use or undergoing material altera- tions within the fire limits of the city ; and in case any building shall be deemed dangerous on account' of liability to accidents from fire, by reason of any care- less or improper construction or proposed construction of any chimney, flue, wall, partition, aperture for stove pipes, the location of any boiler, furnace, range or stove, or other cause, the said fire marshal shall have power, and it shall be his duty, to cause such building or .objectionable and dangerous part thereof to be removed or so constructed as to be free from such danger and to conform to the provisions of this chapter. Any person who shall resist or seek to prevent such inspection or removal, shall be subject to a fine of not less than twenty-five nor more than one hundred dol- lars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, for each offense. ^ 1 1 . It shall be the duty of the chief of police to Patrolmen to report new require the patrolmen of each police district to report buildings, to him every iiivStance of the commencement of the construction of a new building, or of a material altera- tion of an old building, and when such report shall be 292 ORDINANCES OF Chimneys not to be burnt out without permission. Penalty. Fire marshal to have the right to enter buildings. Penalty. received, the said chief of police shall immediately communicate the same to the fire marshal. §12. No person shall be allowed [to burn out any chimney within the fire limits, except by permission of the fire marshal in writing. Anj" person violating the provisions of this section shall be subject to a fine of five dollars or to imprisonment in the penitentiary of the count}" for thirty days for each offense. § 13. The fire marshal shall have the right and power to enter any dwelling, store, lumber yard, stable, manufacturing establishment or building within the limits of the city, for the purpose of examining its condition with respect to liability to accident from fire, and to ascertain whether proper precautions are taken and observed and maintained against accident from fire, and it shall be his duty to make such examina- tions of all business premises within the city, at least once every three months, and oftener if, in his judg- ment, it is necessary, and at any time, at the request of the mayor, the chief engineer of the fire department, or the .secretary of the board of underwriters, giving the location. Aii}^ person resisting or seeking to pre- vent such entrance and examination, shall be subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less that thirty da^-s nor more than three months for each offense. §14. Every person or corporation owning or using a locomotive, or engine, within the city limits, shall THE CITY OF SYRACUSE. 293 provide the same with the most approved device for Precautions that must be arresting the sparks which might otherwise escape from said locomotive or engine ; and every stationary engfn??.^ engine used within said city limits shall be kept in an apartment, the walls of which shall be of iron, stone or penalty, brick, and the floor of which shall be of the same material for the distance of ten feet in all directions from said engine ; and any person or corporation vio- lating any of the provisions of this section shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months or both such fine and im- prisonment, for each offense. §15, No chimney shall hereafter be constructed chimneys, material within the city limits of tile, or of any other material constructed. than stone or brick well laid in mortar, nor shall any chimney be built upon a wooden foundation unless the bottom of such chimney shall be one foot thick of brick well laid in lime mortar. § 16. Every chimney of brick or stone which may cjijmneys hereafter be erected in or adjacent to any building, te\ed,’’(ifc^ shall be plastered on the inside ; the aperture or top thereof shall be at lea.st three feet above the highest part of the roof from which it issues ; and the walls thereof shall be at lea.st four inches in thickness, well laid in lime mortar. § 17. Any person violating either or any of the pro- Penalty, visions of sections fifteen and sixteen .shall be subject Chief enpfineer to inspect structures, walls, etc., after fires. Shall cause dangerous structures to be torn down or removed. Expense for same how paid. Penalty. 294 ORDINANCES OF to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiar>^ of the county for not less than ten nor more than thirty days. § 18. It shall be the duty of the chief engineer of the fire department to inspect all buildings, structures, walls or parts of walls, which have been damaged by fire immediately after such fire, and in case any such building, structure, wall or parts of wall, shall be deemed by him dangerous, the said chief engineer of the fire department shall immediately cause such dan- gerous building, structure, wall or parts of wall to be removed or torn down so as to be free from such danger and to conform to the provisions of this chapter, and it shall be lawful for such chief engineer of the fire de- partment to adopt such measures and means as he may deem expedient and necessary for public safety, to re- move, tear down, destroy or otherwise dispose of all such dangerous buildings, structures, walls or parts of walls, and the expense thereof shall be paid by the city. Any person who shall resist or seek to prevent such inspection, tearing down or removal, shall be subject to a fine of not less than twenty-five dollars, nor more than one hundred dollars or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment, for each offense. THE CITY OF SYRACUSE. 295 CHAPTER XVIII. GARBAGE AND OFFAL. Section i. The board of health of the city of Syra- Board of health cuse shall have power and is hereby empowered to have ^ garbage take such measures as it shall deem effectual for the removal of garbage and offal from the city, or any por- tion thereof; and may employ, or make contracts with one or more persons for the removal of the same, under the provisions of the following sections: — § 2. For the purposes of these ordinances the term Garbage and ‘ ‘ garbage and offal ’ ’ is deemed and is hereby declared to mean every accumulation of both animal and vege- table matter, liquid or otherwise, which accumulates in the preparation of food, and all sorts of meats, fish, fowls or other vegetables which are stored or dealt in, and which are subject to deca}’. § 3.* Every householder living in any tenement or dwelling house in the city of Syracuse, and the keeper of any hotel, restaurant, eating house, boarding house, or other place where meals are furnished to persons in Garbage to . . be placed in said city, shall cause all of his or her garbage and offaHovered ° vessels. to be placed in suitable covered vessels (not larger than a half barrel), in some part of his or her premises convenient* for removal, or in some place designated by the superintendent of streets, at such time as the same may be called for, provided, however, that any person *As amended April 29th, 1889. ORDINANCES OF Not to be placed upon street, etc. Penalty. may be excepted from the requirements of this section upon obtaining a permit to that effect from the said superintendent of streets. No boxes, baskets or other receptacles used for the purpose aforesaid shall be placed upon any street, sidewalk, crosswalk, or any other public place whatever. Any person violating any of the provisions of this section shall be subject to a fine of not less than five or more than ten dollars or to imprisonment in the penitentiary of the county for not less than five nor more than ten days, or b3th such fine and imprisonment for each offense. § 4 . No person shall place in any vessel used for the depOvSit of garbage or offal, or mix or mingle with such Garbage and garbage aiid ofifal any ashes, coal dirt, sweeping, urine, offal to be , r 1 • 1 kept free from excreineiit or other refuse matter not designated as other refuse. garbage and offal by section two of this ordinace. Any person violating any of the provisions of this section Penalty. shall be subject to a fine of not less than two nor more than five dollars, or to imprisonment in the peniten- tiary of the county for not less than five nor more than ten days. Superintend- ^ In case of coinplaiiit or dispute arising as to ent of streets where veSlis place wliere vessels containing garbage and offal shall be kept yemoval sliall be put, the superintendent of streets shall forthwith designate the place or places where such vessels shall be set while awaiting such removal, and his decision shall be final. \ *As amended April 2gth, 1889. THE CITY OF SYRACUSE. 297 ^ 6, No person shall engage in the business of col- Must obtain permit from lecting and transporting garbage and offal without first having obtained a permit from the common council trilfspoTt . , . 1 1 . garbage. authorizing such person to engage in the said business in conformity with the provisions of this chapter. Any Penalty, person violating any of the provisions of this section shall be subject to a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary . of the county for not less than ten or more than thirty days. §7. All garbage and offal being removed, shall beYehiciesto carried through said city in water tight covered wagons ctfvl^red^ or carts, or in water tight covered vessels placed in wagons or carts, and shall be so loaded and transported that no part thereof shall fall or spill from such vessel or w^agon ; and every such wagon or cart used for the purposes aforesaid, shall be kept clean and well painted on the outside, and shall be marked with the words ‘ ‘ Board of Health Garbage Cart, ’ ’ with the number of t^arbage the cart, which marking or lettering shall be plainly and intelligibly exposed to public view, when such carts or wagons are in use, and no cart or vehicle shall be used for the purpose aforesaid unless the same shall have been first inspected, approved and duly licensed by the health officer of the board of health. Any per- Penalty, son violating any of the provisions of this section, shall be subject to a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. 298 ORDINANCES OF Unnecessary filth forbid- den. Penalty. When to be removed. § 8. No person engaged in collecting or transporting garbage and offal, shall do or permit to be done, any- thing in connection therewith, that shall be needlessly offensive or filthy, in relation to any person, place, building, premises or highway. Any person violating any of the foregoing provisions of this section shall be subject to a fine of ten dollars or to imprisonment in the penitentiary of the county for ten days. All gar- bage and offal shall be removed once a week, during the months of January, February, March, April, November and December; twice a week during the months of May and October, and three times a week during the months of June, July, August and Sep- tember. When and how disposed of. Penalty. § 9. All garbage and offal, which shall be removed shall be deposited in such places as may be designated and approved by the board of health, and shall be disposed of in such manner as not to create a nuisance, and the covers of all carts, wagons or veSvSels used for the purpose of removing such garbage and offal, shall be kept tightly closed while they are being transported through the streets of the city. Any person violating any of the provisions of this section shall be subject to a fine of five dollars or to imprisonment in the peni- tentiary of the county for ten days. Clerk to keep records. ^ 10. The clerk of the board of health shall provide and keep a record book, in which he shall record all proceedings, votes or orders of said board, also all con- tracts entered into or licenses and permits issued by authority of said board. He shall also provide a THE CITY OF SYRACUSE. 299 “complaint book,” which shall be kept in the office of the chief of police, in which complaints may be ^ entered of any violation of the provisions of this chap- ter. On such complaints being made it shall be the duty of the chief of police or officer in charge to cause Duty of chief of police. the same to be investigated within twelve hours from the time such complaint is made, and finding cause, if, after six hours’ notice, the person or persons so offend- ing shall neglect or refuse to comply with the require- ments of this chapter and with the requirements of such officer conformably to this chapter or other ordi- nance of the city, the said officer shall report the name and residence of the person so offending to the health officer of the board of health, who shall at once insti- tute the proper legal proceedings against such offender. §11. It shall be the duty of the police department to rigidly enforce all the provisions of this chapter, and it f "ji’nfince. is hereby made the special duty of the patrolmen, when on duty, to take cognizance of all violations hereof, or that may be reported to them, and immedi- ately notify the offending part}^ and record the name and residence of said offender in the complaint book aforesaid; and if, after six hours’ notice such offender shall continue to neglect to comply with the require- ments of this chapter, and with the requirements of such officer conformably to this chapter or other ordi- nance of the city, said patrolman shall report to the chief of police or officer in charge, who shall notify the health officer of the board of health in the manner and 300 ORDINANCES OF t Expense to be paid by ■city. License required for the keep- ing of gun- powder, &c. Penalty, •Quantity allowed and manner ■of keeping. for the purposes provided in the tenth section of this chapter. § 12. All expenses incurred by the board of health under the provisions of this chapter, shall be paid by the city, after the same shall be certified to by the clerk of the board of health, and duly audited by the common council. CHAPTER XIX. GUNPOWDER, &C. Section i. No person except when on military duty in the public service of the United States, or of this State, or in case of public celebration with per- mission of the mayor or common council, shall have, keep or possess in any building, or carriage, or on any dock, or in any boat or other vessel, or in any other place within the city limits, gunpowder, giant- powder, nitro-glycerine, dynamite or other explosive material, in quantity exceeding one pound, without written per- mission from the chief engineer of the fire department. Any person violating any of the provisions of this sec- tion shall be liable to a fine of not less than ten nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, for each oftense. . § 2. No person or corporation, or the agent of any person or corporation, shall have, keep or store any quantity of gunpowder exceeding six pounds weight THE CITY OF SYRACUSE. 301 (except as provided for in section three of this chapter) in any building or place within the limits of the city of Syracuse, which said quantity of six pounds herein- before mentioned, shall be separated in stone jars or canisters, each of which shall contain not to exceed one pound of powder. Any person or corporation or the agent of any person or corporation who shall violate any of the provisions of this section, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penaitj'. penitentiary of the county for not less than thirty days nor more than three months for each offense, and to a further fine of fifty dollars for every twenty- four hours such powder shall remain in any place or manner con- trary to the provisions of this section after written notice from the chief engineer of fire department to remove the same. §3. It shall be lawful for any merchant or person having a store or fixed place of business, upon written pjnntrsion to , . 1 , • 1 , obtained, permission being granted him for that purpose by the conditions to be chief engineer of the fire department, to keep for sale o|’served, at his said store or place of business any quantity not exceeding one hundred pounds of gunpowder, upon condition that the same be kept in kegs or in cans or other safe vessels, which, except during business hours, shall be deposited in an iron or wooden box lined or covered with iron or other metal and marked “Powder” in plain letters, the form and construction of said box to be approved by the chief engineer of the fire department ; said box, with all said powder 302 ORDINANCES OF Not 'to be sold or exposed except by- daylight. Penalty. securely enclosed therein, except during business hours as aforesaid, shall be placed on the sidewalk, near the curbstone, in front of the store or building of the person holding such permit, and where it may be conveniently removed in case of fire. No gunpowder shall be sold or exposed for sale except during day- light. Any person holding such permit of the chief engineer of the fire department, who shall keep at his store or building at one time a greater quantity of powder than one hundred pounds, or who shall violate either of the above conditions or provisions mentioned in this section, shall be subject to a fine of not less than twenty-five, nor more than one hun- dred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprison- ment for each offense, and his said permit may be revoked by the chief engineer of the fire department. Carrying through the streets, etc., of I the city. § 4. No person shall convey or carry through any street, lane or alley of the city, any gunpowder exceed- ing six pounds in quantity, unless the same is secured in kegs or canisters containing not to exceed twenty- five pounds each, and sufficiently tightly enclosed to prevent any powder escaping therefrom. Said kegs or canisters shall be placed, in quantities not to exceed three hundred pounds, in wood or iron boxes, lined and so constructed that no particle of powder can escape therefrom. And said boxes shall be .securely covered with canvass or iron so as to prevent the pos- sibility of fire communicating with the powder. Any THE CITY. 0¥ SYRACUSE. 303 person violating any of the provisions of this section shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment for each offense. ^ S- No vessel or car laden in whole or in part with vessel gunpowder, shall enter any canal or railroad within gunpowdfr . . . . ^ . r *1 • enter city the limits 01 the city ot Syracuse, without the written without writ- ten perinis- periiiission of the chief engineer of the fire department, of the ■V o r- > chief engineer which permission when granted shall designate the department, place where said vessel or boat shall moor or anchor or car shall be .stationed, and shall prescribe the time within which said powder shall be transferred or un- loaded from said vessel, boat or car, and the manner of transferring or unloading the .same. The master or owner of any such vessel, boat or car, or the consignee of any such gunpowder, who shall firing or cause the same to be brought into any canal aforesaid, without such permission, or shall disobey any direction of the chief engineer of the fire department with reference to mooring or anchoring such vessel or boat or stationing of said car, or with reference to the transfer or unload- ing of the cargo thereof, shall be subject to a fine of not less that twenty-five nor more than one hundred Penalty, dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment for each offense. 304 ORDINANCES OF Chief ensinetr §6. The chief engineer of the fire department ina\^ may desig-nate place, etc. from time to time designate certain places outside of the thickly settled portions of the city, where gun- powder may be transferred from one car to another or may be unloaded from cars for the purpose of convey- ing the same to a powder magazine ; and he may also prescribe and determine certain portions of the city within which cars loaded with gunpowder may be brought. Any person refusing or neglecting to com- ply with any directions of the chief engineer of the fire department, made pursuant to the provisions of this section, shall be subject to a fine of not less than Penalty. twenty-five nor more than one hundred dollars or to imprisonment in the penitentiary of the county for not less than thirty days, nor more than three months, or both such fine and imprisonment for each offense. Written per- mit to be first obtained of the chief engineer of the fire de- partment. 7. No corporation or person shall directly or indirectly leave, keep, store or bring within the limits of the city of Syracuse, any gunpowder, giant powder, nitro-glycerine, dualine, dynamite or any other com- pound containing nitro-glycerine (except as provided in the preceding sections of this chapter) without a written permit first had and obtained of the chief engineer of the fire department, who shall limit the cpiantity of explosive articles aforesaid so to be kept and stored with reference exclusively to the accommo- dation of the local trade of the city and the safety of the public. Any person or persons violating any of the provisions of this section shall be subject to a fine of not less than twenty-five nor more than one hundred THE CITY OF SYRACUSE. 305 dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment for each offense and a further fine of one hundred dollars for every twelve hours during which such explosive article shall remain so kept and stored as aforesaid, within the city of Syracuse, or after notice to the owner or agent of the building in which the said ex- plosives are stored to remove the same beyond the limits of the city as required in said notice. § 8. If the owner or agent of the owner of any gun- and ^ o chief engineer powder, giant powder, nitro-glycerine, dualine, dyna- mite or any other compound containing nitro-glycerine, or the owner of or agent of the owner of any building within the city of Syracuse, wherein the said explosive articles shall be kept or stored in violation of the pro- visions of the preceding section seven, shall neglect or refuse to comply with the notice requiring said explo- sive articles to be removed beyond the limits of the city, it shall be lawful for the mayor of the city and the chief engineer of the fire department to adopt such measures and means as they may deem expedient for public safety to condemn, destroy, remove or other- wise dispose of the dangerous articles aforesaid. 3o6 ORDINANCES OF Hacks. &c., to be licensed. Penalty. CHAPTER XX. HACKS. Section i. Every person keeping, or who may, keep a hackney coach, cab or other carriage for hire for the conveyance of passengers, or any vehicle for conveying the baggage of passengers within the bounds of the city and every person owning, keeping or being in possession of such hackney coach, cab or other vehicle, which he lets for the conveyance of pas- sengers or baggage within the city limits, which whether such hackney coach, cab or vehicle be kept, used or let for the purpose aforesaid in conection with any livery stable business or otherwise, shall obtain from the mayor a license therefor; and such license shall state the number of the coach, cab, carriage, baggage wagon or vehicle, and shall continue in force until the 15th day of April next after the date thereof. Any person keeping, or who may keep, own or be in possession of any hackney coach, cab, carriage or bag- gage wagon for hire, or which he lets for the convey- ance of passengers or baggage as above specified, who shall not have obtained such license therefor, shall be subject to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, or to both such fine and imprisonment, for each offense. § 2. Any person procuring such license shall pay License fees. THE CITY OF SYRACUSE. 307 therefor the sum of five dollars if for a vehicle with two horses attached, and three dollars if for a four- wheeled vehicle with one horse only attached, and two dollars if for a two- wheeled vehicle with one horse only attached. § The prices which may be charged by the Rates of fare ^ ® for coach hire. owners or drivers of such hacks, cabs or other car- riages, are as follows : For conveying a passenger any distance within one mile, fifty cents, and for every additional passenger belonging to the same party or family, twelve and one-half cents. For conveying a passenger any distance over one mile within the bounds of the city, seventy -five cents, and for every additional passenger of the same party or family, twenty-five cents. For conveying a passenger to the idiot asylum and back, or to oakwood cemetery and back, or to the salt springs and back, or to one or more of the coarse salt fields within the city and back, with the privilege of detaining the carriage while there one hour, one dollar and fifty cents, and for every additional passen- ger of the .same party or family, twenty-five cents. For attending a funeral from any part of the city to either of the cemeteries, three dollars. The owners or drivers of the vehicles aforesaid may charge for every hour that the same may be detained. 3o8 ORDINANCES OF Penalties for violation of regulations. Penalty. Regiilations and fees to be kept in view. excepting as aforesaid, one dollar and fifty cents for the first hour, and for the second hour one dollar ; or the passenger or passengers may use or detain the car- riage all day, from 8 a. m. to 6 p. m., for the sum of eight dollars. No charge shall be made in any case for children under seven years of age, or for the ordinary baggage allowed to passengers by railroad companies. ^ 4. Any owner or driver of any hack, cab or other carriage who shall neglect or refuse to convey any passenger to any place within the bounds of the city, upon application and the tender of the requisite fee, or shall charge aii}^ additional sum for going from the stand to take up a passenger or passengers, or shall demand or receive any higher prices or rates than are herein established, or vShall neglect or refuse to place upon his carriage the proper number of his license, shall be subject to a fine of not less than twenty dol- lars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirt}' days for each offense. § 5. Any person obtaining a license, as aforesaid, shall receive, without additional charge, from the city clerk, duplicate numbers, which numbers shall be conspicuously fixed and maintained, one on each side of such carriage, and (excepting in the case of vehicles used only for the conveyance of baggage) shall also receive from said clerk, without additional charge, two cards on which shall be plaiidy printed the regulations. THE CITY OF SYRACUSE. 309 and fees established by these ordinances, which such licensed person shall maintain in such places in such carriage as to be conveniently read by passengers at all times. Any violation of any of the provisions of this section shall subject the owner, keeper or driver of such carriage to a fine of not less than ten nor more than thirty dollars, or to imprisonment in the peniten- Penalty, tiary of the county for not less than ten nor more than thirty days, for each offense. §6. Any person who shall, without the license Persons not hereinbefore specified, within the corporate bounds of the city, solicit passengers or others, or their baggage, for any hack, cab or other carriage, shall be subject to a fine of five dollars, or to imprisonment in the peni- Penalty, tentiary of the county for ten days, for each offense. ^7. No hackman, cab, coach, baggage, or omnibus Hackmen, driver shall enter any railroad depot on the arrival of passenger trains, unless he shall have a check for bag- gage, or unle.ss he shall enter to take baggage into the depot ; and when entering the depot with checks for baggage, he shall stand in the place directed by the depot policeman ; nor shall such hackman or other driver solicit pa.ssengers or baggage while in such depot. Any persons violating an}" of the provisions of this section shall be subject to a fine of -not less than ten nor more than fifty dollars, or to imprisonment in Penalty, the penitentiary of the county for not less than thirty days nor more than three months. §8. The open space on West Water .street, known Hack stands. 310 ORDINANCES OF as the Packet dock, and the open space on Franklin street, between West Fayette street and the tracks of the N. Y. C &H. R. R., and are hereby designated as the hack stands for this city, and all owners or drivers of hacks, cabs, omnibuses or other such public conveyances are hereby required to locate their vehicles at said places, those occupying the Packet dock to face their horses to the street in a line with the street pave- ment, at such a distance therefrom as not to intrude upon said street ; and those occupying the stand on Franklin street are to face the east in line with the west side of said street, when not engaged in convey- ing passengers about the streets; provided, that the proprietors of each hotel may be allowed one hack or carriage, to be designated by number, to stand in front of such hotel, under the direction of the superintendent of streets. The superintendent of streets is hereby directed to assign positions to all vehicles. Any owner or driver of hack, cab, omnibus, or other livery or public conveyance, who shall violate any of the pro- visions of this section shall be subject to a fine of five Penalty. dollars, or to imprisonment in the penitentiary of the county for ten days for each offense. Hacks, &c., in which small-pox patients have been carried to be purified. ^9. No hack, cab, stage, livery carriage or other vehicle used for the conveyance of passengers or their baggage, in which a person known to the owner or driver thereof to be afflicted with small-pox shall have been carried, shall thereafter be used for the transportation of any passengers or their baggage until such hack, cab, stage, livery carriage or other vehicles THE CITY OE SYRACUSE. 31 shall have been thoroughly purified to the satisfaction of the health inspector, nor until he shall have so certi- fied in writing. Any violation of the foregoing pro- visions by the driver or owner of such hack, cab, stage, livery carriage or other vehicle, shall subject the person guilty thereof to a fine of fifty dollars or to Penalty, imprisonment in the penitentiary of the county for not less than ten days nor more than three months for each offense. CHAPTER XXI. HAY. Section i . The piece of ground in the fourth ward, Hay market— weighing hay, bounded by Salina, Pearl and Bridge streets, shall hereafter be known as ‘‘ Hay-market Square, ” and is hereby designated as the stand for the sale of hay, straw, corn stalks or any such products; and loads of hay, straw, corn stalks or any such products shall not stand in or upon any other public square, street or alley, (except in the first ward) exposed for sale. Upon the entry of every load of hay, straw or corn stalks upon Hay-market square, the owner or his agent in charge thereof shall pay to the weigher of hay for each load of hay or straw twenty-five cents, and for each load of corn stalks ten cents. Every load of hay, straw or corn stalks, having paid its entrance fee, shall be entitled to full and light weight without charge for either. The hay scales or the machine erected on Hay- market square, shall be the scales for weighing 312 ORDINANCES OF Penalty. Weigher’s office hours and weigh notes. Re-weighing vehicles to ascertain the net weight of loads. hay, straw, lime or other things within the city. For every load of lime, every draft of horses, cattle, hogs, or other articles, there shall be paid to the weigher ten cents. Any person refusing so to pay or violating any of the provisions of this section shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. § 2. The weigher of hay shall attend at the office daily, and when required shall weigh hay, lime or other articles for any person, provided his services are not required before sunrise nor after sunset. He shall weigh the articles offered and the vehicles on which they are loaded together, and shall, after weighing the same, give to the penson who offered them for weigh- ing a weigh-note subscribed by the weigher, setting forth the gross weight of both load and vehicle, with- out separately noticing the tare or weight of the vehicle, and shall affix the date of the weighing and the name of the owner of the article weighed. 3. The weigher, after having weighed any load .shall, without additional charge, upon request by the seller or purcha.ser of the load made on the same day such load was weighed, re-weigh the vehicle so as to ascertain the true net weight of the hay or other article and shall insert in the weigh-note before given, under the statement of “ gro.ss weight,” the words “tare weight,” with the weight of the vehicle oppo.site thereto in figures, and deducting the tare from the THE CITY OR SYRACUSE. 313 gross weight, shall sign his name to the statement so made by him. When the load is quick-lime he shall certify the number of bushels and parts thereof in it, at the rate of seventy pounds to the bushel, and for water lime at the rate of sixty pounds to the bushel. § 4. Any owner or seller of hay, lime or other articles Refusal to ascertain tare. who shall neglect or refuse to have the tare ascertained as aforesaid, upon the request of the purchaser made the same day, shall be subject to a fine of five dollars or to imprisonment in the penitentiary of the county Penalty, for not less than five nor more than ten days. ^ 5. When any person shall apply to the weigher to weighing • vehicles, etc. weigh his wagon, cart, sled or other vehicle, not likely to injure the scale in weighing, he shall weigh the same and enter the weight thereof in a book, and shall mark if requested, on some conspicuous part of such wagon, sled or vehicle the weight of the same, such person paying therefor five cents to the weigher in addition to the fee for weighing the contents of the vehicle. §6. Any person who shall sell or offer to sell, or [>enaity for al- tering weight shall request to have weighed, any hay, lime or other notes and placing im- article in which any improper substance has been stTncesTn^' placed, or where any improper device shall have been used to increase the weight thereof, or who shall knowingly make or alter any weigh-note or indorse- ment thereon, or shall, with intent to defraud, alter or pass any true weigh-note as the weigh-note of any hay, lime, merchandise, or other article, for which Weigher’s endorsement and entries. Not to weigh in any other place. 314 ORDINANCES OF the same weigh-note was not given, shall be subject to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months- § 7. It shall be the duty of the weigher in every case when hay not sufficiently dry, or from any other cause may be heavier than good and merchantable ha}^ shall be brought to him to be weighed, to in- dorse a statement of the fact on the weigh-note, together with the number of pounds which in his opinion should be deducted by reason thereof ; it shall also be his duty to make due entries in his books of the name of every person whose hay or lime or other articles shall be weighed by him, the day of weighing, the weight, and number of bushels of lime, etc., which book shall be open for inspection to any mem- ber of the city government when required ; he shall also make a verified return to the city clerk once in each month of all receipts by him during that time, together with the number of loads of hay or lime or other articles weighed. § 8. Any person who shall offer for sale upon any of the public squares or places designated by the council as stands for the sale of hay, etc., any load of hay or other substance weighed upon private scales, (unless such load of hay or other things shall be re- weighed upon the public scales and the fees paid to the weigher,) .shall be subject to a fine of three dollars or to imprisonment in the peni- THE CITY OF SYRACUSE. 315 tentiary of the county for ten days for each offense. The loads of hay, straw, etc., must stand upon Hay- market square, in such place and manner as shall be designated the weigher of hay, and any person refusing or neglecting to comply with such desig- nation shall be subject to a fine of five dollars or to Penalty, imprisonment in the penitentiaty of the county for ten days for each offense. ^ 9. Henceforth all persons are prohibited from stor- Must obtain permiss-ion ing hay or building hayricks within the city limits without first obtaining permission from the mayor, common council or chief engineer of the fire depart- ment. Any person violating any provision of this section shall be subject to a fine of twenty-five dollars i>enaity. or to imprisonment in the penitentiary of the county for ten days for each offense, and a further fine of five dollars for every twenty- four hours said hay remains after it has been ordered to be removed by the chief engineer or superintendent of streets. CHAPTER XXII. HKALTH INSPECTOR. Section i. It shall be the duty of the health in- Duties and * powers of spector to carry out the orders of the board of health ^eaith or of the common council in relation to the sanitary regulations of the city, to make from time to time a thorough examination of the city, and cause all nuis- ances or matter liable to become such, to be abated ORDINANCES OF Duties and powers continued. Owner or occupant ma be arrested for neglecr or refusal to abate nuisance. Penalty. 316 with all reasonable promptness. For the purpose of carrying out the foregoing requirements he shall be permitted at all times, from the rising to the setting of the sun, to enter into any house, store, stable or other building and cause the building to be raised if neces- sary in order to thoroughly examine the cellar, vaults, sinks or drains ; to enter upon all lots or grounds for the purpose of causing stagnant water to be drained off, pools, sinks, vaults, drains or low grounds to be cleaned, filled up or otherwise improved or amended, privies to be cleaned and kept clean, and dead animals or other nauseous things or substances to be buried or removed from the city. ^ 2. Whenever it shall appear to the satisfaction of the health inspector that there exists upon any premi- ses, any noxious or offensive thing or substance what- ever which may be a nuisance or become such, or may be injurious to health, or by noxious air annoy the neighborhood, he shall at once notify the owner or occupant of the premises where such offensive matter or nuisance is located, and if the said owner or occu- pant shall neglect or refuse to remove such offensive matter or abate such nuisance, within six hours after the giving of said notice, the said owner or occupant shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the peniten- tiary of the county for thirty days, or both such fine and imprisonment, and the said health inspector may at once proceed to remove such offensive matter ot abate such nuisance at as reasonable a cost as possible, THE CITY OF SYRACUSE. 317 which cost ina\’ be collected of said owner or occu- Expense majr be collected pant b}" suit in addition to the penalty above stated. of owner or occupant. § ■;. Any person who shall represent himself as aFaiserepre- sentations member, agent or employee of, or in any manner boarI?of^ • ViGcVlth connected with the board of health, without being duly authorized so to do, shall be subject to a fine of not less than ten nor more than fifty dollars, or to Penalty, imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. CHAPTER XXIII. IJOUOKS. vSection I. Any person who shall sell or give ^-'Quors and wines, away any strong or spiritous liquors or wine, iu quantities less than five gallons, to be drank in his her house, store or shop, or in any out- house, yard or garden appertaining thereto, or shall suffer any such liquors or wines to be sold or giv^en away by any person in his or her employ, or under his or her direction or authority, to be drank in his or her house or shop, or in any out-house, yard or garden apper- taining thereto, or shall sell or give away, or shall keep any such wines or li([Uors for sale or for giving away, or keep open any house, store, shop, out- house, yard or garden, for the selling or giving away any such liquors or wines, except after being duly licensed therefor, shall be subject to imprison- Penalty. All persons selling fresh meats on public squares, etc., to obtain a license. Location of meat vendors. 318 ORDINANCES OF merit in the penitentiary of the county for not less than thirty days nor more than three months, or to a fine of not less than ten or more than fifty dollars, or both such fine and imprisonment. CHAPTER XXIV. MARKETS. Section i. Any person who shall by himself, his agent or servant offer for sale any fresh meats of any kind upon any of the public squares, streets or alleys of the city shall first obtain a license for such purpose from the mayor or common council and pay a fee therefor of not less than two nor more than twenty-five dollars, at the discretion of the mayor or of the common council ; such license shall not be granted for a longer time than three months, and may be revoked by the mayor or common council at any time for proper cause. All wagons, sleighs or other vehicles, the owner or agent of which has procured a license for the purposes herein specified, shall stand upon Clinton square on the north side of the Erie canal, with the rear of such vehicle to the south, and sufficiently distant from the cen- ter of the street so as not to obstruct the free use of the same ; and shall at all times obey the mayor, any alderman, the superintendent of streets or any policeman, as to place of standing. Nothing in this section contained shall be construed to prevent or hinder any farmer from disposing of his ordinary THE CITY OF SYRACUSE. 319 product of meats, either by the carcass or quarter, but is intended to restrain butchers and other persons from making the streets a daily market place. Any person violating any provision of this section shall be Penalty, subject to a fine of not less than three nor more than ten dollars or to imprisonment in the penitentiary of the county for not less than five nor more than ten days, for each offense. §2. Any person exposing or offering for sale any piace for sale of meats, meats or poultry from any wagon, sleigh or other poultry, &c. vehicle, shall expose or offer the same upon Clinton square, north of the Erie canal or in Union market, and any person or persons exposing or offering for sale any grain of any kind from any wagon or sleigh or other vehicle, shall expose and offer the same on the north side of Hanover square, between the east line of Grain— the Onondaga County Savings Bank building and the west line of Warren street or in Union market, and no person shall expose or offer for sale any meats, poultry, vegetables or farm produce or grain upon any other public square, street or alley within the city of Syracuse than as above designated, except in the first ward. Any person violating any of the pro- i>enaity. visions of this section shall be subject to a fine of not less than three nor more than ten dollars, or to im- prisonment in the penitentiary of the county for not less than five nor more ten days for each offense. § 3. Any person or persons exposing or offering for Fruits,— . ^ where sold. sale any fruits of any kind from any wagon, sled or 320 ORDINANCES OF Penalty. other vehicle, shall expose or offer the same upon Clinton square, north of the Erie canal or in Union market; and any person or persons offering or ex- posing fruits for sale on any other public square, street or alley within the city of Syracuse, than as above designated (except in the first ward) shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiar}^ of the county for not less than five nor more than ten davs for each offense. Fish,— where sold. Penalty. § 4. Any person who shall offer for sale any fresh fish from any wagon, sleigh or other vehicle, at any place in this city, (except in the first ward,) than on the north side of the* north sidewalk on East Water street, immediately west of the first telegraph pole west of the weighlock, or in Union market shall be subject to a fine of five dollars or to imprisonment in the penitentiary of the county ten days^ for each offense. for”re^seiiing ^ persoii wlio shall purcliase upon the upon markets, qj. pi^ees within this city designated as mar- ket stands, any fruit, butter, eggs, vegetables, poul- try, meat, grain, or other provisions or produce, with intent or for the purpose of re-selling the same on .said market, or who shall offer to re sell the same on such market stand or stands, shall be subject to a fine of not less than five nor more than twenty-five dollars or to imprisonment in thq penitentiary of the county for ten days for each offense. ' THE CITY OE SYRACUSE. 32 I §6.* No person or corporation shall sell at retail Must obtain license to Upon any street, square or public place in the city, pedSe^goods or hawk, peddle or vend within the corporate limits of the city any goods, wares or merchandise of any kind or description without having first obtained a license so to do from the mayor or common coun- cil, and having paid the fee therefor, as herein pro- vided, which fee shall be not less than the minimum, nor greater than the maximum sum hereinafter directed to be paid for such license, and the said license shall continue in force from the time specified therein, said fee and the time of the continuance of such license to be fixed by the mayor or common Continuance of license council, provided, however, that no license shall run ° for a longer period than until the 15th day of April ^tnmon^ , . . council. next succeeding the date of its issue. The sums to be paid on the issuing of such licenses by the persons, or corporations to whom they may be granted respectively shall cover the period of the continuance of such license as stated therein, and are hereby fixed as follows ; For a license to sell candy, pop corn, pea nuts, fruits, coffee, tea, lunches, ice cream, jewelry, patent medicines, nostrums, specifics, lotions, perfumes, ex- tracts, stationery, or other articles from stand, plat- form or wagon located in any .street, sc[uare or public place not less than two nor more than fifty dollars. For a license to hawk, peddle or vend candy, pop [rom’ SS^nci — or_wagon. * As amended May 29th, 1893. 21 322 ORDINANCES OF Fees to sell streets, etc. Penalty. Public weigher. Penalty for violation. Licenses required. corn, fruits, pea nuts, coffee, tea, lunches, ice cream, jewelry, patent medicines, nostrums, specifics, lotions, perfumes, extracts, stationery, or other articles upon the streets, squares or public places, or from house to house, on foot with basket, crate or other re- ceptacle, or hand cart, or with horse or team and wagon, not less than one nor more than twent3"-five dollars. Every person violating any provision of this section shall be subject to a fine of not less than five nor more than fifty dollars or to imprisonment in the peniten- tiary of the county for not less than ten or more than sixty days, or both such fine and imprisonment. § 7.* No person other than the public weigher shall weigh for hire on Clinton square, or any other place in the city, where the public weigher is re- quired by the common council to perform his duties, any vegetables, farm produce, poultr}', meats or other marketable articles required to be weighed. An3" person violating any of the provisions of this section shall be subject to a fine of five dollars for each offense. CHAPTER XXV. IMILK. Section i. It shall not be lawful for any person to peddle milk or deliver the same to the inhab- itants of the city, from any cart, wagon, or vehicle, * As amended June 20th, 1892. THE CITY OF SYRACUSE. 323 whatever, in any of the public squares, streets or alleys of said city, without first having been duly licensed to do the same by the mayor of said city, as hereinafter provided. Any person violating the provisions of this section shall be subject to a fine of not less than ten nor more than fifty dollars, or penalty, to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months for each offense. Such license may be granted and issued by the Mayor may grant and mayor of said city to any person applying there- g"®®' for, upon the production of evidence satisfactory to the mayor that such applicant is able to and will furnish good, pure and wholesome milk to the in- habitants of said city, and upon the payment of the sum of not less than five nor more than ten dollars license fee for each and every wagon, cart or vehicle used by said applicant in the said busi- ness. Such license shall continue in force until the 1 5th day of April next after the granting of the same, and no longer. ^ 2 . The mayor is hereby empowered, when it Mayor may shall appear to him, after hearing, that any person licen.se. to whom such license has been granted, has sold or delivered, or caused or permitted any person for him to sell or deliver, to any inhabitant of said city, any adulterated or unwholesome milk, or has in any way violated any of the provisions of this ordinance, to revoke any license by him so granted. 324 ORDINANCES OF All wagons ^ and vehicles to be num- bered. Penally. Nuisances prohibited. ^ 3. Every such peddler or vender of milk shall cause his wagon or vehicle to be numbered, such number to be designated and (together with the name and place of residence of such peddler) filed with the city clerk, and thereupon the city clerk shall furnish to such peddler, without further charge^ duplicate numbers, which such peddler shall fasten upon his wagon or vehicle so licensed and used by said licenseee in the peddling or distributing of milk in said city, one on each side thereof, so that they may be plainly seen, and shall there retain them during the life of such license. Any person who shall violate any provision of this section shall be subject to a fine of not less than five or more than fifty dollars, or to imprisonment in the peni- tentiary of the county for not less than thirty days nor more than three months for each offense ; and it is hereby made the special dut}" of the police officers of said city to see that the provisions of this chapter are enforced. CHAPTER XXVI. NUISANCE.S. Section i. Any person who shall .suffer or per- mit any cellar, vault, private drain, pool privy, sewer or grounds upon any premises belonging to or occupied by him, to become foul, offensive or injurious to the public health, he shall be subject ' to a fine of not le.ss than five nor more than fifty THE CITY OF SYRACUSE. 325 dollars, or to imprisonment in the penitentiary of the county for not less than ten or more than thirty days for each offense ; provided that the same has Penalty, been declared a nuisance by the board of health, and a notice in writing to abate the same has been personally serA^ed or caused to be served on the per- sons offending, by the clerk or other officer or mem- ber of the said board. § 2. Any distiller, brewer, tanner, soap boiler. Discharging- foul substan- tallow chandler, livery stable keeper, or other per- upon side- son, who shall permit the discharge or overflow from any premises or ground occupied by him or them of any foul or nauseous liquor or substance of any kind whatever, into or upon an alley, street or sidewalk in the city, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty day vS, Penalty. or both .such fine and impri.soiiment for each offense; and a like fine for every twenty-four hours the same shall be continued after the first conviction. ^ 3. Any person who shall build, make or use, or slaughter houses and shall cause to be built any slaughter house, crude petroleum ^ ’ factories not petroleum refinery or place for the manufacture of wiufoSt per- any article made from crude petroleum within the Common council. limits of the city, without permission from the com- mon council first had and obtained, .shall be subject to a fine of twenty-five dollars, or to imprisonment in the penitentiary of the county for ten days, and a 326 ORDINANCES OF Penalty of depositinj? or leaving offensive substances in streets. Penalty. Not to allow filth to run on to other premises, or into streets. like fine or imprisonment for every day the same shall be used for said purpose after written notice to discontinue the same. § 4. Any person who shall throw, place or deposit or permit any person in his or her employ to throw, place or deposit any dirt, dead animal, carrion, putrid meat or fish, entrails, shells of clams or oysters, decayed or decaying vegetables, or foul substances of any kind in or upon any sidewalk, street, alley, lane or park in the cit}^ or shall cause or permit any such material or substance to be or remain in or upon any lot owned, used or occupied by him or her, whether so thrown, placed or deposited by him or her, or not, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense, and a like fine or imprisonment for every twenty-four hours such material or substances shall remain, after written notice to abate the same. ^ 5. Any person who shall permit water, slops or any kind of foul liquid to run from his or her lot or from a lot in his or her possession, on to any other lot or into any street, shall be subject to a fine of not less than two nor more than fifteen dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than ten days for each offense, and to a like fine or imprisonment for every twenty-four hours the same Penalty. THE CITY OF SYRACUSE. 327 shall remain or continue after written notice to abate such nuisance. §6. Any person who shall permit slops, water or not per- other liquid matter to stand or remain upon any lot owned or occupied by him or her, or upon any lot of which he or she has control as tenant or agent or otherwise, until the same becomes offen- sive or stagnant, shall be subject to a fine of not less than three nor more than ten dollars, or to imprisonment in the penitentiary of the county for Penalty, not less than five or more than ten days for each offense, and to a like fine or imprisonment for every day the same shall remain, after written notice to remove the same. ^7. Whenever the owner, occupant or the agent Hoard of health to of the occupant of • any premises, in or upon ^vhich any nuisance may be found, are unknown or can- owner^" not be found, the board of health shall proceed to abate such nuisance, and the expense of such abate- Expense-how collected. ment may be collected by suit against the owner, agent or occupant, in the name of the city, or the same may become assessed and become a lien upon the property, as in the case of the assessment of sewers, in which case it shall be the duty of the clerk of the board of health to report to the com- mon council the whole amount of the expen.ses attending the abatement, with as full a description of the premises as may be, with the name of the owner, agent or occupant when known ; whereupon 328 ORDINANCES OF Injury to public waters prohibited. Penalty. Tenants to be removed when required by board of health. Penalty. the common council shall, by resolution, direct the assessors to assess the same upon the premises. Such further proceedings shall then be had as in the case of sewer assessments. § 8. Any person who shall throw, cast or deposit, or cause to be thrown, cast or deposited into or upon the margin of any canal, creek, or other public waters within the city limits, any animal or vege- table substance, or foul substance of any kind what- ever, shall be subject to a fine of not less than five nor more than twenty dollars, or to imprison- ment in the penitentiary of the county for not less than five nor more than thirty days, or both such fine and imprisonment, for each offense. § 9. Whenever upon due examination it shall ap- pear to the board of health that the number of per- sons occupying any tenement or building within the city is so great as to be in the opinion of said board a cause or» source of bad health or of sick- ness, said board may issue its warrant commanding the owner or owners of such tenement or building to remove such number of his or their tenants from such tenement or building as may be required by said board, within such time as said board shall name. Any person neglecting or refusing to obey promptly such command shall be subject to a fine of not le.ss than twenty-five nor more than one hundred dollars, or to imprisonment in the peniten- tiary of the county for not less than thirty days nor more than three months, or both such fine and ini- THE CITY OF SYRACUSE. 329 prisoiiment, and a like fine or imprisonment for each day such person shall neglect or refuse, as aforesaid, after the first conviction. §10. No person shall hereafter be allowed to clean contents of privy, cess or remove the contents of any privy, vault, cesspool, pool, etc., not ^ ’ to be removed sewer or drain, or to transport or to carry the contents thereof through the streets of the city without first having obtained a permit from the board of health. Any person who shall violate any of the provisions of this section shall be subject to a fine of not less than ten nor more than one hundred dollars, or to im- prisonment in the penitentiary of the count}" for penalty, not less than ten days nor more than three months, or to both such fine and imprisonment. CHAPTER XXVII. OFFENSES AGAINST THF: PUBLIC PFLUCE AND OUIET. Section i. Any penson who shall make or assist ^iot or . , . . . 1* 1 disturbance in making any improper noise, or any disturbance, or in streets. commit any breach of the peace in the streets or elsewhere in the city, and all persons who shall collect in bodies or crowds in the streets or on the .sidewalks for unlawful purposes, or for any purpose to the annoyance or disturbance of citizens or travelers, shall be subject to a fine of not le.ss than five nor more , Penalty. than fifty dollars, or to imprisonment in the peni- tentiary of the county for not less than ten days nor 330 ORDINA^XES OF Disturbing- religious meetings. Penalty. Indecent language, &c. Penalty. Abuse and annoyance of others. more than three months, or to both such fine and im- prisonment, for each offense. § 2. An}^ person who shall disturb or disquiet any congregation or assembly of people met for religious worship, by making a noise or by rude and indecent behavior, or profane discourse, within their place of worship, or so near the same as to disturb the order and solemnity of the meeting, shall be subject to a fine of not less than five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than sixty days, or to both such fine and imprisonment. § 3. Any person who shall use any scandalous, lewd, or otherwise indecent language to any other person, or of or concerning any other person, in the hearing of others, or shall make any immodest, lewd, or otherwise indecent sign or gesture, or commit any other immodest, lewd, or indecent act or in the known presence of any other person, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and impri.sonment. ^ 4. Any person who shall conduct himself in a noi.sy, boisterous, rude, insulting or otherwise dis- orderly manner, by either words or acts, toward any other person, with intent to abuse or annoy such person, or so as to annoy the citizens of the city, or any portion thereof, and disturb the good order and THE CITY OF SYRACUSE. 331 quiet of the same, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprison- penalty, ment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § 5. Any person who shall immoderately ride or immoderate driving and drive any horse or other animal whether attached to a riding, private or public ambulance or other vehicle in any avenue, street, alley or lane in the city, shall be subject to a fine of not less than five 'nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days. 6. Any person who shall solicit alms in the city soliciting alms. for any purpose whatever, without permission from the mayor, shall be subject to a fine of two dollars or to imprisonment in the penitentiary of the county for Penalty, ten days for each offen.se. ^7. Any person who shall carry about his or her (jan-ying of person any dirk, bowie knife, sword or spear, cane, i^eap^ons. pistol, revolver, slung shot, jimmy, brass knuckles, or other deadly or unlawful weapon, or shall use any deadly or unlawful weapon, with intent to do bodily harm to any person, shall be subject to a fine of not less than twenty-five nor more than one hundred p^^^py dollars, or to imprisonment in the penitentiary of the county for not le.ss than thirty days nor longer than three months, or to both such fine and imprisonment. 332 ORDINANCES OF ■Ringing of gongs and bells. Penalty. Playing ball, flving kites, .«fec. Penalty. De.sertion of wife or children. Penalty. ^ § 8. Any person who shall ring any gong or bell or cry any auction in any street, lane or alley, or upon any sidewalk, or upon any piazza, step or platform immediately adjoining any sidewalk, lane or alley in the city of Syracuse, or any tenant or occupant of any dwelling who shall suffer any gong or bell to be rung as a call or signal upon any street, lane, alle}' or sidewalk, or upon any piazza, steps or platform immediately adjoining any sidewalk in said city, shall be subject to a fine of not less than two nor more than ten dollars, or to im- prisonment in the penitentiary of the count}" for not less than five nor more than thirt}" days for each offense. ^ 9. Any person who shall play ball, beat, knock, or drive any ball or fly any kite in any public street, square or park in said city, or coast or slide down any sidewalk or street upon any sled, sleigh or board without permission by a resolution of the common council, shall be subject to a fine of not less than two nor more than five dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than ten days for each offense. § 10. Any person who shall threaten to leave his wife or children a burden on the public, or any person who .shall actually leave his wife or children without providing for their .support, or who shall neglect or refu.se to support his wife or children shall be subject to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary of the THE CITY OF SYRACUSE. 333 county for not less than ten days nor more than three months, or both such fine and imprisonment. ^ 1 1 . Any person who shall be in a state of intoxi- intoxicated ^ pei'sons in cation in any highway, street, alley or public place in pieces, the city, or in any private house or place, to the annoyance of any person or citizens, shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiar}' of Penalty, the county for not less than five nor more than thirty days. ^12. Any person who .shall indecently exhibit any ^’’'^^eeent ex- stallion within the city shall be subject to a fine of not less than fiv^e nor more than fifty dollars, or to im- prisonment in the penitentiary of the county for not Penalty, less than ten nor more than thirty days for each offense. § 13. Any person carrying advertising boards or (^>^t-rying placards through the streets or on the sidewalks of forbidden, this city, without the permission of the mayor or common council, shall be subject to a fine of three penalty, dollars or to imprisonment in the penitentiary of the county for not less than five nor more than twenty days for each offense. ^ 14. No sleigh of any kind, without bells attached Driving sleighs thereto, shall hie used or drawn in or through any of the streets of this city, and any person violating the provisions of this section shall be subject to a fine of penalty, not less than two nor more than ten dollars or to ini- 334 ORDINANCES OF Throwing stones, &c., forbidden. Penalty. Parading in streets, etc., forbidden without per- • mission of common council or mayor. Penalty. Selling of papers, etc. •on Sunday. Penalty. prisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. § 15. Any person who shall fling or throw any stone, pebble, ice or snow ball, or any hard or hurtful substance or thing by hand or foot, or by any instru- ment within the bounds of the city, shall be subject to a fine of not less than two nor more than five dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days. § 16. All persons, societies and organizations of ever}^ name and nature, are hereby prohibited from assembling, congregating, parading or marching in or through any of the streets, squares, parks or other public places in the city of Syracuse, with or without banners, transparencies or other devices without the permission of the common council or the written per- mission of the mayor. Every person offending against the provisions of this section shall be subject to a fine of not less than five or more than ten dollars, or to im- prisonment of not less than ten nor more than thirty days in the penitentiary of the county for each offense. ^17. No person (except licensed vendors of milk) who shall offer for sale any newspaper, article of food or other thing upon Sunday, shall within the city proclaim such sale by sounding a bell, gong or other device or by crying out or shouting the same. Any person violating any of the provisions of this section shall be subject to a fine of not less than two nor more THE CITY OF SYRACUSE. 335 than ten dollars, or by imprisonment in the peniten- tiary for not less than five nor more than thirty days for each offense. §18.'*' Any person or persons who shall operate, play or perform, or shall assist or take part in oper - on streets or public places. ating, playing or performing on any organ, bugle or other musical instrument in or through any of the streets, squares, parks or other public places in the city of Syracuse, without the permission of the com- mon council or the written permission of the mayor, shall be guilty of a misdemeanor, and any person or persons violating the provisions of this section shall be subject to a fine of not less than ten or more than Penalty, fifty dollars, or to imprisonment of not less than ten or more than thirty days in the penitentiary of the county for each offense. CHAPTER XXVIII. okdinancp:s. Section i. All ordinances and all amendments to be pub- thereto passed by the common council shall be pub- re^orded.*^ lished at least once in the official papers of the city, and in such other of the cit>' papers as the common council may direct, provided said common council shall deem publication in such official papers insuf- ficient, and all such ordinances and amendments which shall duly become laws shall be engrossed or *As amended June 17th, 1889. 336 ORDINANCES OF Repeal of a repeal does not revive. When to take effect, duty of police. Mayor may present copy of ordinances to other cities. Ordinances in relation to cartmen and hacks not to apply in certain cases. recorded in a book kept specially for that purpose. This record shall be entitled* “ Record of Ordinances of the City of Syracuse,” shall have proper marginal references and an index, and shall be kept in the office of the city clerk subject to the inspection of the citizens. ^ 2. When any ordinance repealing a former ordin- ance, or ail}" clause or provision thereof shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be therein expressly so provided. 3. All ordinances shall take effect from and after the date of their first publication, and it is hereby made the duty of the police department to duly en- force any and all such ordinances as naturally belong to and come under the supervision of such depart- ment ; and upon due proof that an}' policeman has been aware, or has received any information of any violation of any city ordinance, without taking due notice of and action thereon, it shall be sufficient cause for the removal from office of such policeman. 4. The mayor shall have power to extend or re- ciprocate courtesies to or of other cities, by presenting them a volume of the revised ordinances [of this city, bound at the expense of the city in such manner as to him may seem suitable. ^ 5. Nothing contained in the ordinance relating ta cartmen shall be construed to prevent the owner or owners of any cart, carriage, wagon or other vehicle THE CITY OF SYRACUSE. 337 from using such cart, carriage, wagon or vehicle for an}’ purpose whatever connected with his or their in- dividual business or affairs, nor in the case of any per- son moving his goods and chattels to any place out- side of the city limits or from any place outside such limits, to any point within such limits, to prevent any person, whether licensed or not, from so conveying or moving such goods and chattels. § 6. The violation of any ordinance of the city being Penalties for violation a misdemeanor, any person or persons convicted there- of shall, unless the penalty thereof is limited to a be^in^discre- tion of certain amount of money as a fine, or to a certain magistrate, length of time for imprisonment, be subject to a fine in any sum of money not exceeding one hundred dollars, or to imprisonment not exceeding three months, or to both such fine and imprisonment, in the discretion of the magistrate before whom such convic- tion takes place. CHAPTER XXIX. PARKS AND PUBLIC GROUNDS. Section i. Any person who shall cut down, de- stroy or willfully break, mutilate or injure, or aid qj- assist in breaking, mutilating or injuring any fence, trees, shrubbery or fixture now or hereafter erected, made, planted, set out or being in or upon any of the streets, places, parks or public squares of the city, or do any willful damage thereto, shall be subject to a 338 ORDINANCES OF Penalty. Parks not to be used for bleach- ing, etc. Penalty. Injuring grass. Penalty. Destroying birds or their nests. fine of not less than five nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. § 2. Any person who shall use any park or public place as a bleaching ground, or spread thereon any articles of wearing apparel, cloth or cloths, or any goods whatever, or shake, beat or cleanse any carpets, cloth or mats therein, or hang any clothing or other articles upon, or tie or fasten any horse or other animal to the fence surrounding or any tree within the same, shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days, for each offense. § 3. Any person who shall cut, tread down, pull up, trample upon or injure the grass growing in any park of the city, or stand, lie, or walk upon any part of such park, which is or may hereafter be laid out and appro- priated for grass or shrubbery", shall be subject to a fine of three dollars or to imprisonment in the penitentiary^ of the county for not less than five nor more than ten days for each olfense. § 4. Any person who shall climb, or throw stones or other material, or shoot into any tree in any park, public square, street or lane within this city, for the purpose of killing or frightening birds, or who shall attempt to carry off the young birds, or in any manner disturb the nest or nests of birds in any of the trees as THE CITY OF SYRACUSE. 339 aforesaid, shall be subject to a fine of three dollars or Penalty, to imprisonment for ten days in the penitentiary of the county. CHAPTER XXX. PAWN-BROKERS. Section i.* No person shall carry on the business Must obtain license. of a pawn-broker within the city of Syracuse without having obtained a license so to do under the provisions of this chapter. Any person violating any provision of this chapter shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to penalty. imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment, and a, further fine of one hundred dollars for each day he or she shall Further line for continu- continue in such business after the first conviction, 55”^^ without having a license therefor. The mayor or common council may grant to any person applying therefor, and producing .satisfactory evidence of g character, a license to carry on the busine.ss of pawn- broker, which license shall expire on the 15th day of April next after the granting thereof. All licenses Ficense.s ex- shall be signed by the mayor and city clerk, and every penson receiving such licen.se shall pay therefor to the city clerk, for the use of the city of Syracu.se, the sum of fifty dollars. *As amended October 27th, 1890, and further amended June .2Cth, 1893. 340 ORDINANCES OF iviustgive Every person so licensed shall enter into a joint and bonds. several bond, to the city of Syracuse, with two sureties^ to be approved by the mayor, in the penalty of five thousand dollars, conditioned for the observance of the ordinances of the city of Syracuse, the faithful dis- charge of his duties as a pawn-broker and the account- ing for and paying over all moneys which he or she shall be liable to pay as such pawn-broker to the city Mayor may of Syracuse or to any person. The mayor shall have revoke licen.ses. power to revoke the license of any pawn -broker at any time, upon the recommendation of the chief of police. § 2. No person engaged in the business of pawn- broker shall keep more than one house, shop or place for taking goods to pawn, by virtue of one license, but persons in partnership, carrying on the trade together as pawnbrokers in one house, shop or place, need pro- Mustkeep cure but One license. Every pawn-broker shall keep a p?wned.^^^’’ book ill wliicli sliall be plainly written at the time of each loan, an accurate account and description of the goods, article or thing pawned, the amount of money loaned thereon and the date at which said loan will be due, the date of pledging the same and the name, residence and description of the person pawning or pledging the said goods, article or things. The said Record open book sliall be kept clean and legible, with no entry for inspection of the officers therein erased, obliterated or defaced and shall at all of the city. ’ times be open for the inspection of any officer of the city of Syracuse. Every pawn-broker shall, at the time of each loan, deliver to the person pawning' any goods, articles or things, a memorandum, signed THE CITY OF SYRACUSE. 34 by him or her, containing a copy of the entry in the book herein provided for, and no charge shall be made for such memorandum. Every person shall exhibit shaii exhibit articles for inspection, at any time upon the request of any officer of the city of Syracuse, any personal property officer, that may be pawned or pledged or left with him or her on deposit. Any person violating any of the provisions Penalty, of this section, shall be subject to a fine of not less than ten or more than twenty-five dollars, or to imprison- ment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. §3. No pawn-broker shall demand or receive more Rate of interest. than the following rate of interest, viz : On sums not exceeding two dollars, twenty-five cents; on sums above two dollars and not exceeding four dollars, thirty-five cents ; on sums above four dollars and not exceeding twenty-five dollars, ten per centum per month ; on sums above twent3^-five dollars and not exceeding fifty dollars, six per centum per month ; on sums above fifty dollars and not exceeding seventy- five dollars, three per centum per month ; and no greater rate of interest .shall be demanded or receiv^ed upon loans made for a longer or .shorter period, and the said rates of interest shall be in full satisfaction of all charges, except for insurance placed upon goods at the request or consent of the owner. Any persons [>enaity for . , . r 1 • • r 1 • • 1 1 violation. Violating any of the provisions of this section shall be subject to a fine of not less than ten nor more than twenty-five dollars or to imprisonment in the peniten- 342 ORDINANCES OF Article pledged can- not be sold for four months after expiration of time. In case goods or articles are not redeemed. Chief of policf to appraise value of pawned goods, — pawn- broker is unable to deliver. Penalty for violation. tiary of the county for not less than ten nor more than thirty days for each offense. § 4. No pawn-broker shall sell any pawn or pledge, until the same shall have remained in her or his possession at least four months after the expiration of the time stated for the payment of the money loaned thereon, nor until the expiration of the notice pro- vided for in section five of this chapter, nor until after full}^ complying with the provisions of said section five. In case any goods, articles or things, which have been pawned, shall not be redeemed at the time the money loaned was due, and the pawnor or person acting therefor, shall at any time within three months thereafter tender to the pawn-broker the memorandum therefor together with the principal mone}^ loaned and the interest thereon to the date of such tender, at the rates specified in the third section of this chapter, the pawn -broker shall immediately deliver to such person or pawnor the goods so pawned, or the value thereof. The chief of police shall have the right, power and authority, and it is hereby made his duty, to appraise the value of any pawned goods which such pawn- broker may be unable to deliver upon payment of charges thereon, and the appraisal made by the chief of police shall in all cases be final and conclusive to all parties, and the pawn-broker shall immediately pay to such pawnor or person the amount .so appraised. Any person violating any of the provisions of this section shall be subject to a fine of not less than twenty-five' nor more than one hundred dollars, or to impri.son- THE CITY OF SYRACUSE 343 ment in the penitentiary of the county for not less than thirty days nor more than three months for each offense. § S. If any pawn or pledge shall remain unredeemed Must give ^ ^ ^ r months for a period of at least three months after the expira- SeSerrftie tion of the time stated for the payment of the money loaned thereon, the pawn -broker having possession of the same, may give notice to the person or persons pledging the same, of his or her intention to declare the pledgor’s title to the pledge or pawn forfeited. Such notice shall be either written or printed, ad- Notice must be addressed dressed to the pledgor, signed by such pawn-broker, pledgor, and must state, in substance, the intention of such pawn-broker to declare the pledgor’s title to the pawn or pledge, describing the same, forfeited at a specified hour on a specified day not less than one month from the service of the notice, as hereinafter provided, un- less redeemed prior thereto. Such notice must be served at least one month prior to the day of forfeiture in the following manner, viz : First — By delivering to and leaving with the Notices— how served. pledgor a copy of said notice, or vSecond— By depositing in the postoffice at Syracuse, N. Y., a copy of said notice, enclosed in a securely closed post-paid, registered wrapper, directed to said pledgor, at his place of residence, as it appears in the book to be kept by pawnbrokers as provided by sec- tion two of chapter thirty, of the ordinances of the 344 ORDINANCES OF Shall keep a record of all notices served. Articles pawned may be redeemed— how. When title is vested in pawnbroker. Must post rates of inter- ests in place of business. city of Syracuse, if the same be his last known place of residence, and if not, then to his last known place of residence. Every pawnbroker shall keep a book in which he shall enter a record of all notices served as above pro- vided, including the date and manner of service and the name of the person making the same, which book shall at all times be open for the inspection of any officer of the city of Syracuse. If, at any time prior to the hour of forfeiture desig- nated in said notice, the pawnor or any person acting in his .stead, tender to the pawn-broker a memoran- dum for the article, or articles, pawned, together with the principal money loaned, with interest thereon to the date of such tender, at the rate specified in the third section of this chapter, the pawn-broker shall im- mediately deliver to such penson, or pawnor, the goods so pawned, or the value thereof. If such tender is not made prior to the hour of forfeiture designated in such notice, then the title to the pawn or pledge vests in the pawn-broker, absolutely free and clear of all right or redemption. § 6. Every pawnbroker in the city of Syracuse shall cause to be printed in large type, in the English and German languages, the rates of interests authorized by this chapter, and .shall place a card or table of .said rates, printed as herein required, in a conspicuous part of the office, or place where pawn-broking bu.sine.ss is carried on, so as to be vi.sible to all persons pledging THE CITY OF SYRACUSE. 345 :goods. No pawn-broker shall receive any goods in pledge from any person who shall be actually or ap- Persons under parently under the age of twenty-one years, or intoxi- fntox^-cated cated, or an habitual drunkard; nor shall any pawn- krScies^^'^” broker employ any person under the age of sixteen years to take in any pledge, nor shall he, or any of his employees, receive any goods in pawn or pledge, be- pledges, fore seven o’clock in the morning or after eight o’clock in the evening, or on Sunday. No pawnbroker shall knowingly take in, pawn or pledge from any journey- man mechanic, apprentice or servant, a partly manu- factured article for wear or consumption, or otherwise, or any material plainly intended for the manufacture of said articles. Any person violating any of the provisions of this section shall be subject to a fine of not less than twen- Penalty for violation. ty-five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months for such offense. § 7. Every pawn-broker licensed under the provi- Pawnbrokers must report sions of this chapter shall before 10 o’clock in the p’ forenoon of every business day report to the chief of police upon blank forms to be furnished by the police department, giving a description of all the articles re- ceived in pawn during the business day last preceding, together with the number of the pawn ticket, or mem- orandum issued therefor, the amount loaned thereon, and a description of the person making the pledge; 346 ORDINANCES OF In case articles pawned are stolen. Penalty. Keeping of forbidden, exceptions. How stored, &c. and in case any of said articles so received in pawn shall be found to have been stolen, then said pawn- broker shall upon request from the chief of police re- port in writing the name and residence of the person or persons pledging said article. Any person violat- ing any of the provisions of this section shall be sub- ject to a fine of not less than ten nor more than twen- ty-five dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, or both such fine and imprisonment, and in case of conviction shall forfeit his or her license. CHAPTER XXXI. PETROLEUM. Section i. No person shall keep on sale or store in any place or building within the corporate limits of the city of Syracuse, any crude petroleum, earth or rock oil, or any of its products, except under the following provisions : § 2. Crude petroleum, earth or rock oil, or any of its products, may be stored in detached and properly ventilated warehouses, the exterior walls of which shall be of stone, brick or iron, specially adapted to the purpo.se, by having raised sills at least two feet high, or the ground floor of which shall be at lea.st two feet below the level of the street or adjoining land, in such manner as to effectually prevent the overflow of such substances beyond the premi.ses, where the same may be kept or stored ; which said warehou.se shall not be THE CITY OF SYRACUSE. 347 occupied in an}- part as a dwelling, and if less than fifty feet from any adjacent building, the same must be separated by a brick or stone wall, at least ten feet in height and sixteen inches thick. Any person storing any of the material in this section mentioned, in any other place and manner than herein provided, -or in any manner violating any of the provisions of this section, Penalty, shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § 3. No refined petroleum or kerosene oils shall be Test, &c. kept upon sale or stored within the corporate limits of said city, the fire test of which .shall be less than one hundred and ten degrees Fahrenheit; said test shall be determined by the chief engineer of the fire depart- ment, using G. Tagliabue’s or other improved instru- ments; and the barrels or packages containing the same shall be legibly stamped or marked with .said engineer’s official .stamp or mark. When stored above ^^[annerof the cellar or ba.sement of any store or building, and in barrels of not over forty-five gallons each, or metallic ve.ssels or tanks, f#)r the convenience of retailing, the quantity of such refined oil stored shall not exceed the contents of ten barrels. When packed in hermetically sealed metallic packages, the quantity so stored shall not exceed one hundred barrels. When stored in cel- lars or basements surrounded by walls of brick or .stone, at least two feet below the level of the .sidewalk, 348 ORDINANCES OF Penalty. Not to remain •on sidewalk. street or land adjacent, the quantity so stored shall not exceed the contents of one hundred and fifty barrels, unless stored in warehouses specially adapted to that purpose, as provided under section two of this chapter; provided, also, that no quantity of said oils greater than five barrels shall be stored or kept in any building occupied in any part thereof as a dwelling. Benzine or naptha may be kept stored under the provisions of this section, as follows : when stored in or above the cellar or basement the quantity so stored shall not exceed the contents of ten barrels ; when stored in a building any part of which may be occupied as a dwel- ling, the quantity so stored shall not exceed three bar- rels, provided that nothing in this chapter contained shall prevent the storage of crude or refined petroleum in wrought iron tanks detached from any building, and specially adapted to that purpose, or in other tanks so constructed that the top shall be at least two feet below the level of the street or adjoining land, and covered with at least one foot of earth, when such tanks are appurtenant to or connected with a refinery, with the approval of the chief engineer. Any person violating any of the provisions of this section shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § 4. In no case shall any of the articles recited in this chapter be allowed to remain on any sidewalk beyond the front line of any building, or any .street a THE CITY OF SYRACUSE. 349 longer time than is actually requisite for the storage, shipment or delivery of the same, nor after sunset. Any person violating any of the provisions of this Penalty, section shall be subject to a fine of not less than ten nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days or more than three months, or to both such fine and imprisonment. § 5. It shall be the duty of the chief engineer to Chief engineer to report any make an examination of all premises wherein either of Tms chapter the articles mentioned in this chapter may be kept or counser^^'^” stored, and to report any violation of the provisions of this chapter at once to the city attorney to enforce the same. §6. No person shall sell at retail any kerosene, or to sell ^ ’ kerosene, Other products of petroleum, or any of the fluids or oils enumerated in the third section, to lie used for heating, illuminating or other purpose, without first obtaining a license therefor from the board of fire commiSvSioners of the city of vSyracuse, under the rules and regulations herein and hereby ])rescribed, which license shall be for one year, and shall not be transfer- able. Said license shall be posted in a conspicuous place in the store or place of business of the person or persons to whom the same is i.ssued, and may be re- voked for cause by said commissioners. Any person Penalty, violating any of the provisions of -this section shall be subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprisonment in the peniten- 350 ORDINANCES OF tiary of the county for not less than thirty days nor more than three months, or to both such fine and im- prisonment for each offense. Changing §,7. Aliy persoii wlio shall in an}’ manner change mark. the mark so put upon such barrel or package by the chief engineer or shall knowingly put upon such bar- rel or package a false or fraudulent mark, or who shall fraudulent!}’ purchase or sell any empty barrel or package aforesaid, with the inspection marks thereon, with intent to defraud, or who shall fraudulently use Selling any barrel or package so marked for the purpose of marked empty selling any other article of a quality or quantity dififer- packages. o ent from that so inspected and marked on the barrel, shall be subject to a fine of not less than fifty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty dat^s nor more than three months, or to both such fine and imprisonment for each offense. CHAPTER XXXII. PHYSICIANS. certfficiftes Spxtion I . Every physician practicing his profes- sion within the corporate limits of the city, in case of the death of any patient while under his care, shall give to the friends of the deceased a certificate, stating name, nativity, age, and cause of death of the de- cea.sed, and upon failure to give such certificate .shall be subject to a fine of five dollars or to imprisonment Penalty. THE CITY OF SYRACUSE. 351 ill the penitentiary of the county for not less than ten nor more than thirty days for each offense. Such certificate shall be presented to the sexton of any cemetery within the city limits or to an undertaker for record, on application being made for services. CHAPTER XXXIII. POISONS. Section i. Any person who shall vend, give away Poisons to be ... ... 1 11 • 1 • 1 marked. or deliver in the city any deadly poison, knowing the same to be such, without marking the same in legible characters “poison,” shall be subject to a fine of five dollars or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days, penalty, or to both such fine and imprisonment for each offensfe. CHAPTER XXXIV. POLICE. vSection I. Every person appointed to the office of QnHiifications of policemen. policeman shall be a citizen of the United States, and at the time of his appointment a qualified voter of the city and capable of speaking, reading and writing the English language. §2. The police officers shall not engage in any Policemen to ® ° ^ devote their business which may withdraw their attention from the v\ce^s‘lSlhe^' public service or unfit them for the duties required of 352 ORDINANCES OF Mayor or chief of police may detail for special duty. Neglect of duty, or viola- tion of rules. Penalty. Resisting an officer, &c. them, and they shall not absent themselves from duty without the permission of the chief of police. The policemen are expected to be usually employed in regular service, but the mayor, or chief of police, whenever in the opinion of either the public service requires it, may detail any number of policemen for any special or particular duty connected with the police service of the city, and may require any police- man to do dut}^ at any time of the day or night. § 3. Any policeman who shall neglect or refuse to perform any duties required of him by the ordinances of the city or the police rules, or who shall in the dis- charge of his official duty be guilty of any fraud, ex- tortion or oppression, favoritism, partiality, or willful wrong, may be removed from office, and shall be sub- ject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. §4. Whoever in the city shall resist any police officer or member of the police department in the dis- charge of his duty, or shall in any way interfere with or hinder or prevent him from discharging his duty as such officer or member, or shall offer or endeavor to do so, and whoever in any manner shall assist any per- son in custody of any police officer or any member of the police department to escape, or attempt to escape , from such custody, shall be subject to a fine of not less than ten nor more than one hundred dollars, or Penally. THE CITY OF SYRACUSE. 353 imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § S. It shall be the duty of all persons in the city citizens to . aid police if when called upon by any police officer or other mem- requested, ber of the police department, to promptly aid and assist him in the execution of his duties. Whoever shall neglect or refuse to give such aid and assistance shall be subject to a fine of not less than ten nor more penalty, than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment §6. Any person who shall falsely represent any of Personating or imitating the members of the police department of this city, or who shall maliciously or with intent to deceive, use or imitate any of the signs, signals or devices, or shall publicly wear the insignia or badge of that depart- ment, shall be subject to a fine of not less than five penalty, nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § 7. It shall be the duty of the policemen to disperse policemen to • • -I ^ disperse idle all idle or vicious persons who may be found collected vicious persons. on the corners of the streets or elsewhere in the city, and to protect citizens while passing along the streets, or into or out of any public hall, from insult or annoy- ance from idle, dissolute or vicious persons. 354 ORDINANCES OF Porters and runners to obtain license, wear badges, etc. Penalty. Keepers of hotels may have license revoked and be entitled to another. CHAPTER XXXV. PORTERS AND RUNNERS. Section i. An}' person of good moral character, on application to the mayor, in writing, shall be en- titled to a license to act as public porter and runner, upon the payment of a license fee of one dollar. All licenses so granted shall expire on the fifteenth day of April next after the granting thereof. Every person so licensed shall wear a badge with the name and number of his license plainly engraved or printed thereon, visible at all times to the person employing him. Any person violating any of the provisions of this section, or any person who shall act as a public porter or runner without having first obtained such license, shall be subject to a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days. § 2. The keeper or keepers of any public house or hotel, who shall have obtained a license for any porter or runner in his, her or their employ may have the same revoked and be entitled to another license for the remaining portion of the year without additional fee therefor; provided that no such license shall be changed or transferred to any other hotel or public house without an order from the mayor, or the com- mittee of the common council on licenses; and each and every^ keeper of such hotel or house shall be per- THE CITY OF SYRACUSE. 355 soiially liable for each and every violation of the or- dinances in reference to “porters and runners,” when committed by any porter or runner in his, her or their employ, or who shall be acting under the license granted to any such hotel or public house keeper. § T,. Any porter or runner who shall at any railroad Rosters and depot or station, or at any other place, make use of . . 1 r 1 . X- • use of boister- device, deceit, imposition or false representation in re- ous language, lation to the charge of fare, character, custom or loca- tion, of any public house, hotel or private house, or street, place of business, localit}' or number whatever in said city, or in relation to the time or place of the arrival or departure of any boat, stage, omnibus or railroad car or train, or other conveyance, to any stranger, non-resident or citizen, or who shall at any time or place when engaged in his employment, or at any time in any railroad depot or station, make use of any language or commit any act calculated to disturb the public peace or good order of the place, or vex or disturb strangers or citizens, shall be subject to a fine Penalty, of not less than five dollars nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten days nor more than three months, or to both such fine and imprisonment. § 4. Any license granted pursuant to the provisions Mayor may revoke license. of this chapter may be revoked by the mayor on complaint made after an investigation of the case by him. 356 ORDINANCES OF Porters and runners — regulations at depots. Penalty. Poultry, &c., to be drawn. Penalty. § 5. Every porter or runner, on entering any rail- road depot, shall wear the badge required in section one of this chapter, and shall stand where the depot policeman directs, and receive checks for baggage from passengers at such stand and at no other place. Every porter, runner, hackman, or driver of a cab, coach, baggage wagon or omnibus shall obey all rules or regulations made from time to time, by any railroad company for the government and good order of their respective depots, offices and passenger reception rooms. Any person violating any of the provisions of this section shall be subject to a fine of not less than two nor more than fifty dollars, or imprisonment in the penitentiary of the county for not less than ten days nor more than three months. CHAPTER XXXVI. POULTRY. Section i. Any person exposing or offering for sale within the city limits any turkeys, chickens, geese, ducks, wild game or other description of poul- try, which have not been fresh drawn and have not the heads taken off, shall be subject to a fine of ten dollars, or to imprisonment in the penitentiary of the county for thirty days for each offense. THE CITY OF SYRACUSE. 357 CHAPTER XXXVH. RAILROADS AND STEAMBOATS. Section i.* No railroad company whose cars are Speed of steam and propelled by steam power, and no street surface rail- way company shall propel its cars within the city limits at a greater rate of speed than one mile in eight minutes, and any engineer, motorman, driver or other employee in the employ of any railroad or street sur- face railway company who shall violate this ordinance Penalty. shall be subject to a fine of not less than twenty nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or both such fine and imprisonment for each offense. §2. No locomotive, car, or train of cars shall be obstructing crossinj^s or permitted to remain or be left standing in, across or '^lowing steam Upon any public street, street crossing, alley or public fo^'^itiden. grounds within the city, nor shall any railroad com- pany or its employees shift any cars, locomotives or trains, or make up or divide trains upon, across or along any of the streets of the city, nor shall any steam whistle be blown or steam di.scharged from any locomotive, or from any engine attached to any boat or vessel, to the annoyance of horses or citizens within the city limits. Any violation of any of the provisions of this section shall subject the person or company owning or operating or any person in charge of such *As amended September 8th, 1891. 358 ORDINANCES OF Penalty. Railroad companies to remove snow. Penalty. Jumping on cars when in motion forbidden. locomotive, engine, boat, vessel, car or train of cars,, or any person in the employ of any railroad company,, or in the employ of the owner of any such boat or ves- sel, who has authority or power to remove or control such locomotive, engine, car, train of cars, boat or ves- sel, or the use of steam in such locomotive or engine, to a fine of not less than ten nor more than one hun- dred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. ^ 3. Any railroad company occupying any railroad track which traverses any street in this city shall at all times keep the snow on such street removed there- from, or so leveled as to render the said street free from obstructions to public use and travel, and from any danger to person and property. In case of any violation of the provisions of this section, any officer or employee of such company who has charge of or possesses or exercises any control over the said tracks, shall be subject to a fine of not less than ten nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. § 4. No person shall step or jump upon or off* the step or platform of any car while the car is in motion, within the city limits, nor in any manner hang upon or to any step, platform, railing, bumper or coupling of any car or locomotive while such car or locomotive THE CITY OF SYRACUSE. 359 is in motion, nor pass between the cars of any station- ary train unless such cars are uncoupled and a space is left for the purpose. Any person violating any of the provisions of this section shall be subject to a fine of Penalty, five dollars or to imprisonment in the penitentiary of the county for ten days for each offense. § 5. No car on any street railroad in the city shall street cars be allowed to stop on a crosswalk or at any street crossing, except to avoid collision or other accident, acddelft. and no such car shall stop to receive or let off passen- gers at any cross street except at such points where the entire car and horses thereto attached shall be out- side the limits of such cross street, nor shall any detached car be left standing in any public street or alley. Any violation hereof shall subject the superin- tendent, conductor or driver in charge of such car to a fine of not less than five nor more than twenty dollars, penalty, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. §6. Every owner or person managing any steam poiier on steam yachts yacht or steamboat, which may be used for pleasure or or steamboats to be exam- the conveyance of passengers or for towing any boat or vessel upon which passengers may be carried to or from the city shall, forthwith and hereafter, on or be- fore the first day of May in each year cause the boiler and the attachments thereto of such steam yacht or steamboat to be thoroughly examined by a competent inspector to be designated by the mayor, and shall obtain from such inspector a certificate showing that 36 o ORDINANCES OF Certificate to be posted. Expense to be paid by- owner. Penalty. All steam yachts, etc., to be inspected and carry certificate. such boiler and its attachments have been inspected and that they are in a safe condition for use, and shall cause such certificate to be conspicuously posted in the cabin of such steam yacht or steamboat. He shall also at all times keep such boiler and its appurtenances in proper repair, and at any and all times permit any person thereunto authorized by the mayor or common council to inspect such boiler and its appurtenances and shall, if such inspector deems the boiler or its appurtenances to be unsafe, forthwith repair the same. The expense of the inspections and certificates hereby required shall be sustained by the owners or managers of such boats. No person who shall fail to comply with the provisions of this section shall receive or dis- charge passengers upon or from such steam yacht or steamboat or boat in tow within the city of Syracuse, and any person violating any of the provisions of this section shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars, or to im- prisonment in the penitentiary of the county for not less than thirty days or more than three months, or to both such fine and imprisonment. § 7. E^very owner or person managing any steam yacht, steamboat or other barge or vessel which may be used for pleasure or the conveyance of passengers to or from the city shall forthwith and on or before the first day of May in each year hereafter cause .said boat to be in.spected by a competent person, to be desig- nated by the mayor, and shall obtain from such person so designated a certificate which shall state the num- THE CITY OF SYRACUSE. 361 ber of persons such steamboat, steam yacht or other vessel can receive on board and carry at one time with entire safety to such boat and the persons received sustaine thereon, and shall cause such certificate to be posted in some conspicuous place in the cabin of such boat. The expense ol such inspections and certificates here- b}" required shall be sustained by the owners or mana- gers of such boats. No person who shall fail to com- ply with the provisions of this section shall receive or discharge passengers upon or from such steam yacht, steamboat, barge or other vessel within the city of Syracuse. Any penson, whether the owner or mana- ger of such boat or an employee thereon, who shall receive on board of any such boat a larger number of persons than it is stated in such certificate can be re- ceived and carried thereon with entire safety as afore- said, and any person who .shall fail to comply with any of the provisions of this section .shall be .subject to a fine of not less than fifty nor more than one hundred Penalty, dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, or to both such fine and imprisonment. CHAPTER XXXVIII. REPORTS. Section 1.* The board of police com mi.s.si oners, the city officers and boards to board of fire commissioners, the board of exci.se com- make annual reports to mis.sioners, the board of education, the board of health, *As amended. 362 ORDINANCES OF When to make report. Council may demand report at any time. the water board, the board of civil service examiners,, the city treasurer, the corporation counsel, the com- missioner of public works, the city engineer, the po- lice justice, the fire marshal, and the overseer of the poor shall report annually to the common council in the month of February, and at or before the last meeting of the council then retiring from office for the year ending January 31, or oftener if required, and in such form and manner as the common council may require, a detailed statement of all transactions, financial or otherwise, belonging to his or their de- partment, the condition of the same and the public property belonging thereto, together with such other items of public interest, and such suggestions concern- ing his or their department as he or they may deem essential for the public welfare. CHAPTER XXXIX. SIDEWALKS AND Gl'TTEKS. Sidewalks and SECTION I.* The occupaut of each and everv tene- gutters to be obsuucdo^r’^ ment or building in the city fronting upon any park,, snow, ice, etc. alley, or the owner, or the agent of the owmer of any lot unoccupied by a building or tene- ment fronting as aforesaid, shall at all times keep the sidewalk and also the gutters along the .said premises clean and free from all obstructions of any kind and nature ; shall also keep clo.sely cut all gra.ss or weeds that may grow along .said sidewalk or gutters, and *As amended. THE CITY OF SYRACUSE. 363 shall keep said gutters free from all accumulations of dirt, stones or debris of any nature, and shall clear such sidewalks and gutters from all snow or ice that may fall on or accumulate thereon, by ten o’clock in the forenoon of each day, and cause the same to be kept clean from such snow and ice. Any person violating any of the provisions of this Penalty, section shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days, and to a like fine, or to like im- prisonment, for ever}' twenty-four hours such person shall neglect or refuse to comply with the provisions of this section after notice duly given. In case of prem- ises unoccupied or vacant of which the owner is a non- resident of the city, and there is no agent of such owner in the city who can be found, the commis.sioner of public works shall give the notice recpiired by .sec- tions 139 and 161 of the revi.sed charter of the city of Syracuse, pa.s.sed February 21, 1885, and .shall proceed as required in sections 161, 162 and 163 of said revised charter, and cause the said walks and gutters to be cleaned and freed from all ol:>structions. § 2.* Any person who shall fasten a horse in such sidewalks and cross-walks a wav that the horse, vehicle, reins or line shall be an not to be ob- structed by obstacle to the free use of any sidewalk or any cross- walk, or shall lead, push, draw or suffer to remain upon any sidewalk, any horse or other animal, or any wheel- *As amended. Penalty. Obstructions on sidewalks to be taken to pound. Awnings other than cloth prohibi- ted. 364 ORDINANCES OF barrow, hand-cart, hand wagon or other vehicle, or shall sell or attempt to sell, or cry for sale at auction, any goods, chattels or personal property, or shall saw or split wood, or mix or temper mortar, or curry or clean any horse, or wash, clean or grease any wagon, carriage or other vehicle on any sidewalk or crosswalk, or shall place any stone, cask, box, plank, barrel, board or other article on any sidewalk or crosswalk, shall be subject to a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense ; and any cask, box, bar- rel, plank, board or other article, and any animal or vehicle left on any sidewalk or crosswalk, ma}’ be forthwith taken to the public pound by order of the mayor, any alderman, the commissioner of public works or his deputies, the chief of police or any po- liceman, and .such article, animal, or vehicle shall be sold for the expenses of such removal by the commis- sioner of public works after five da^'s’ notice by public advertisement, unless such expen.se of removal .shall have been previously paid ; but nothing herein con- tained .shall prohibit merchants and others from plac- ing goods and merchandi.se and furniture on the side- walk for the purpose of loading and unloading the .same, provided that the .same .shall be removed with- out unrea.sonable delay. § 3."^ Any per.son or persons who shall hereafter erect an>' awning of wood or other material excei)t cloth *As amended. THE CITY OF SYRACUSE. 365 upon or over any of the sidewalks of the city without the permission of the common council first obtained, Penalty, shall be subject to a fine of twenty-five dollars or to imprisonment in the penitentiary of the county for thirty days, and a further fine of ten dollars for every twenty-four hours such awning shall remain after no- tice to take down the .same has been given by the mayor, any alderman, commissioner of public works or chief of police. Any person who shall erect any cloth awning or Awnings must ^ ° be seven feet other awning over any .sidewalk of this cit}’ of than .seven feet elevation from and extending more than six feet over the walk, shall be .subject to a fine of not less than five nor more than twenty-five dollars, penalty, or to imprisonment in the penitentiary of the county for not le.ss than ten nor more than thirty days, and a further fine of ten dollars for every twenty-four hours such awning shall remain after notice to remove the same, as in the ca.se of the wooden awnings. Any per.son who shall su.spend or place any wares, Ooods, or goods, or merchandi.se in front of any store, shop or ^ ® other building so as to ofj.struct the free passage of the wa?k.^^*^ .sidewalk, shall be subject to a fine of not less than five nor more than ten dollars, or to imprisonment in the penitentiary of the county for not le.ss than five nor more than thirty days; but goods, wares and mer- chandi.se may be su.spended against the wall of any .store or other building, providing they do not project from the building .so as to interfere with the free use of Shade trees. Penalty. Persons''dig- ging across side-walks to obtain permis- sion of com- missioner of public works. Penalty. 366 * ORDINANCES OF the sidewalk, and in no case project from the building more than fourteen inches. § 4."^ All shade trees hereafter to be set out or planted shall be placed within one foot of the outer line of the sidewalk. Any person violating this provision, or who shall neglect or refuse to remove such trees when otherwise placed, on being required so to do by the commissoner of public works, or who shall hitch any animal to any tree so set within any sidewalk, shall be subject to a fine of five dollars, or to imprisonment in the penitentiary of the count}’ for ten days for each offense. § 5.* No person shall dig across the sidewalk in front of the premises owned or occupied by him, or shall cause the same to be done until he shall have obtained the permission of the commissioner of public works in writing, which permission shall state the purpose for which such digging is to be done ; and such person after such digging has been done shall put the side- walk and gutter in as good condition as they were in before, and shall maintain the same to the satisfaction of the commissioner of public works. Any violation of any of the above provisions of this section shall sub- ject the person offending to a fine of not less than five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten days nor more than three months, or to both such fine and imprisonment. *As amended. 'IHE CITY OF SYRACUSE. 367 §6. Aiiv person who shall erect or cause to be ‘‘Stairs not ' to be erected erected any stairs leading from the sidewalk and con- ^issfo^ tinning over the same to an entrance in the first or sec- ond story of any building, shall first get permission of the common council, and the approval of the mayor therefor. Any person violating any of the provisions of this section shall be subject to a fine of five dollars I'enaity. or to imprisonment in the penitentiary of the county for ten days, and a further fine of ten dollars for every twenty-four hours the stairs shall remain, after written notice to remove the same given by any officer of the city. § 7. Any person who shall erect or suffer to be ‘■eating: ' ^ posts or pro- erected, any sign or fixture projecting from any build- • • • 1 11 walks. ing into or over any sidewalk or street more than three feet from such building, or less than seven foot above said walk, except as in this chapter hereinbefore pro- vided, shall be subject to a fine of not less than three Penalty, nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days, and to a like fine or like im- prisonment for every forty-eight hours the .said sign or fixture shall remain after the owner or occupant of said building or person maintaining .said sign has been requested to remove the same by the mayor, any aider- man or policeman. § 8 . No person shall erect any hitching po.st or other Hitching posts, erec- obstruction within the outer line of the gutter of Yearns not to street, nor .shall any person drive or lead any team of si^evvaiks.^” 368 ORDINANCES OF Penalty. No walks or streets, etc , shall be used as hucksters stand, etc., without permission. Penalty. All cycles used on side- walks must be registered. any description on, to or across or along any sidewalk in this city. Any person violating any of the provis- ions of this section shall be subject to a fine of not less than two nor more than ten dollars, or to imprison- ment in the penitentiary of the county for not less than five nor more than thirty days, and to a like fine or to a like imprisonment for every twenty-four hours such hitching post or other obstruction is allowed to remain after notice to remove the same ; but nothing herein contained shall prevent the owners or occupants of lots from driving across the walks in front of their prem- ises. § 9."^ No person shall use or occupy any sidewalk, street, alley or park within the city for the purpose of a huckster’s stand, or as a place for vending any fruits, nuts or other articles of merchandise, without permis- sion of the commissioner of public works in writing, duly approved by the mayor. Any person violating any of the provisions of this section shall be subject to a fine of nor less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than five nor more than thirty days for each offense. , ^ lo Sub-division i. No person or persons shall ride any cycle upon any sidewalk intended for the use of pedestrians through or upon any street, alley, park, bridge, or other public place in said city of SyracUvSe, or belonging thereto, unless the rider thereof shall *As amended. THE CITY OF SYRACUSE. 369 have in his possession, and subject to inspection by any police officer, a written permit therefor, or unless such cycle shall have been duly registered and num- bered, and shall have such number affixed thereto, in a conspicuous place, as hereinafter provided, under a penalty of five dollars for each offense. This section Exception, shall not apply to cripples, invalids or others unable to walk. 2. Any person may ride a cycle with a bell attach- what side- walks not to ment registered and numbered as hereinafter provided, upon any sidewalk of this city, except that between the hours of 6 A. m. and ii p. :\i., no person shall ride a cycle upon the sidewalks of the business streets of said city as determined by the commissioner of public works, and annually published in two of the news- papers of said city of Syracuse on or before May ist, of each year ; or upon the footpaths of any and all bridges, under a penalty of five dollars for each offense. And no person shall ride a cycle between the hours above stated under a like penalty, upon the sidewalks of any street that is now paved or may hereafter be paved with asphalt, brick, cedar block or Medina block pavement, unless such street shall be impassible by reason of excavations or repairs. 3. Any person who shall ride or propel any cycle Rate of speed. Upon any sidewalk, street, or foot path between the hours of 6 A. M. and ii p. m. at a greater rate of speed than seven miles per hour, or while riding a cycle at any rate of speed upon any sidewalk or foot path in 3/0 ORDINANCES OF Place and manner of registry. Report of loss or transfer. said city shall willfully or negligently collide with or run against any person walking or standing upon such sidewalk or foot path shall be liable to a fine of not less than ten dollars nor more than twenty-five dollars for each offense, and any conviction under this section shall work a revocation of any permit and forfeiture of all rights and privileges under any registration held b\^ the person so convicted at the time of such con- viction. 4. The city clerk is hereby directed to provide a book in which shall be recorded the name and resi- dence of the owner of every cycle, a brief description of such cycle, the name of the manufacturer and num- ber, and any other details necessary and proper to identify such wheel and to carry into effect the provis- ions of this ordinance ; and said city clerk shall assign a serial number to every such cycle in the order in which the same shall be recorded ; such serial number shall be displayed upon a metal plate of suitable size and shape, not less than one thirty-second of an inch in thickness, and such numbers shall be attached to every such cycle by the city clerk, or under his direction, upon the front side of the handle-bar, near the head, in such manner as such city clerk may consider best, and shall be furnished to each person at the time of registering such cycle. 5. In case of the owner of any cycle, registered and numbered as aforesaid, shall sell or otherwise loose possession or ownership thereof, he shall forthwith THE CITY OF SYRACUSE. 371 report the facts to the city clerk, and the same shall be •duly recorded in the cycle register provided for herein. 6. In any suit or action for the recovery of any damages or penalties for the violation of any ordinance •caused by the use of such C3xle, the records in the office of said city clerk, herein provided for, shall be presumptive evidence of the ownership of such cycle. 7. The said city clerk is hereby authorized and di- Permits rected to furnish to any person, upon payment of the fee therefor, as herein provided, a written permit to use a cycle for a specified time upon the said sidewalks and foot paths of said city, subject to the provisions of Sub-division 2 herein, without such cycle being regis- tered and numbered, as herein provided. Such permit shall describe such wheel, and state the name of the •owner and applicant, and manufacturers’ number of wheel ; and said city clerk shall keep a record of all :such permits in a book to be kept for that purpose. 8. For the purpose of this ordinance the term“Cycie” defined. “cycle” shall be construed to mean any unicycle, bicycle or tricycle whose wheel or wheels, or either of them, shall exceed 24 inches in diameter. 9. The fee for recording each cycle shall be fifty Fees, ■cents; for furnishing and attaching such numbers, fifteen cents ; for recording transfers, twenty-five cents; for a permit, ten cents for each day covered by such permit ; and the same shall be paid to the city clerk 372 ORDINANCES OF Extra privileges. Stone, brick, lumber, etc., shall not be placed on streets with- otit permis- sion. Penalty. by the person applying therefor, and be deposited hy said clerk with the treasurer of said city to the credit of the contingent fund. 10. The mayor is hereby authorized to grant the permit herein provided for, without fee to any and all visiting wheelmen on the occasion of any cycling meet or parade. 1 1 . All ordinances, and parts of ordinances, incon- sistent with the provisions of this ordinance are hereby repealed. 12. This ordinance shall take effect on the ist day of July, 1894. CHAPTER XL. STREETS. Section i.* An}- person who shall place or cause to be placed any stone, bricks, boards, plank, timber, lumber or other materials for building, in or upon any street, alley or public square in the city without written permission from the mayor or commissioner of public works, shall be subject to a fine of not less than five nor more than twenty-five dollars, or to im- prisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense, and be subject to a like fine or to a like imprisonment *As amended. THE CITY OF SYRACUSE. 373 for every twenty-four hours the same shall remain in such street, alley, or public square, without such writ- ten permission. The mayor or commissioner of public works may Permission to be granted by give permission in writing to an}' person to place and JJ,^my^oner keep building material, to be used for the purpose of works/^^ building, in any of the streets, alleys or public squares of the city, in front of the lot or place where the build- ing is proposed to be erected, but such permission shall not be for longer period than three months, nor it authorize the obstruction of any of the sidewalks or gutters, nor more than one-half of the carriage way of the street against such lot or place. Any such permission may be revoked or by the common council. by the mayor Permission^ may be revoked. Kvery person obtaining such permission shall cause all such materials and tlie rubbish accumulated to be removed from the street, as soon as the work upon th^ building shall have been completed or the permission granted .shall have expired or have been revoked, and upon his neglecting or refusing so to do, he shall be Penalty, subject to a fine of five dollars for every twenty-four hours the same shall remain after the time named in the writing shall have terminated, or after being noti- fied that such permit has been revoked b}' the common council. No pavement, cross-walk or trench to be ^ 2 * No person shall injure or tear up any , . . 11 1 11 1- from commis- ment, street or crosswalk, nor shall any person dig any sjoner of pub- lie works. *As amended. 374 ‘ ORDINANCES OF Penalty. City not liable for damages. When hole or trench is left open for the night, chief engineer or assistant must be notified. hole or trench in any street to connect with the sewer or gas pipe, or for any other purpose, without first obtaining the consent of the commissioner of public works in writing, and any person who shall tear up the pavement of any street or dig any hole or trench in any street shall restore such street and pavement to as good condition as it was in before, and such pavement shall be relaid and such hole or trench shall be refilled under the direction of and to the satisfaction of the commissioner of public works. Any person violating any of the foregoing provisions of this section shall be subject to a fine of not less than ten nor more than one hundred dollars, or to imprisonment in the peniten- tiar}^ of the county for not less than thirty days nor more than three months, or to both such fine and im- prisonment. When consent or permission shall be ob- tained to connect with a sewer, the person obtaining the .same or making such connection, or his grantees, shall not be entitled to claim of the city any damage sustained by reason of the flooding of the .sewer with which such connection .shall be made, whether such flooding shall be occa.sioned by want of capacity of such sewer or obstructions therein ; and any person who .shall connect a drain or .sewer from his or her premi.ses with any public sewer, shall waive all dama- ges which such penson may be subjected to on account of back water from such public sewer. Any person who .shall dig or cau.se to be dug any hole or trench in any street, lane or alley of the city, and .shall not properly refill the same before dark of the day during which the .same was dug, .shall notify the chief or an THE CITY OF SYRACUSE. 375 assistant engineer of the fire department that he pro- poses to leave such hole or trench open during the fol- lowing night, protected by suitable guards and signals, Guards and and giving the exact location thereof, and any neglect Signals, to give the notice herein required to the chief or an assistant engineer of the fire department, before five o’clock p. M. of the day during which such hole or trench was dug, and to protect such hole or trench by suitable guards and signals, shall subject the person so offending to a fine of not less than ten nor more than penalty fift}^ dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirt}' days. § 4.* Any person who shall sweep, throw or deposit, Ashes, dirt or or cause to be swept, thrown or deposited, any ashes, id nd not^toUe^ thrown or dirt, stone, brick, straw, hay, grass, weeds, chips, deposited in shavings or rubbish of any kind or any slops or foul liquid of any kind, in any street, gutter, or any public square or park, or on any sidewalk, except for the purpose of immediate removal, and except he shall forthwith remove the same, shall be subject to a fine of penalty, not less than two nor more than ten dollars, or to im- prisonment in the penitentiary of the county for not less than five nor more than thirty days, for each offense. Wood, timber, 5. No person shall deposit, or cause or direct to be pigeedon° deposited, any wood, timber, lumber, stone, merchan- fquare"ionger . . than twenty- dise or any other material on Clinton square upon the four hours. *As amended April 5th, 1891. 3/6 ORDINANCES OF south side of the Erie canal or in the streets thereto adjoining, to remain for a longer period than twenty- four hours. An}' person violating the provisions of Penalty. this section shall be subject to a fine of ten dollars, or to imprisonment in the penitentiary of the county for thirty days, and to a like fine or imprisonment for every twenty-four hours the person so offending shall refuse or neglect to remove such material after notice to remove the same has been given by any officer of the city. Detached § 6.* Any wagoii-maker, blacksmith, inn-keeper or iiTstreTt^” other person who shall permit any detached vehicle to Penaitv. remain in any street, shall be subject to a fine of not less than five nor more than twenty dollars, or to im- prisonment in the penitentiary of the county for not less than ten nor more than thirty days ; and any Such vehicles detached vehicle so left in the street may be forthwith to be taken to pound, and taken by the commissioner of public works or his dep- sold after hve ^ ir ir days notice, chief of police or any policeman, to the pub- lic pound, the expense of such removal to be paid by the owner of such vehicle. All articles so taken to the pound shall be sold by the commis.sioner of public works for the expenses of such removal, after five days’ notice by public adver- tisement, unless such expenses shall have been pre- viously paid. Fences en- ^7.* Aliy persoii or persoiis who shall hereafter crouching upon streets erect or cause to be erected anv fence in front of his to be removed. ■"As amended. THE CITY OF SYRACUSE. 377 premises which shall in aii}' manner encroach upon the boundaries of any street in the city, shall be subject to a fine of not less than twenty-five nor more than fifty penalty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, for each offence, and every person whose fence, heretofore erected, now encroaches upon the boundaries of any street, alle}" or public square, shall be subject to the fine or to the imprisonment provided Upon refusal ^ after notice, in this section, upon his refusing or neglecting to f J^e^ove the remove said fence or fences within six days after being notified in writing by the commissioner of public works to so remove the same, and upon such neglect or refusal, it shall be the dut}' of the said commissioner to remove said fence, and the expense of said removal shall be paid by, and collected from said offender. §8.* Any person who shall erect any building Buildings 1 • 1 1 11 • • 11- projecting winch shall proiect into or over the line of any street beyond line of stieets to and who, for twenty days after being notified in writ- removed. ing by the commissioner of public works to remove the same, shall neglect or refuse to removt said building samTaUe^r notice. back to the line of the street, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, and to a like fine or to a like imprison, penaitv ment for every twenty-four hours .said building .shall remain beyond .said line after .such notice. As amended. 3/8 ORDINANCES OF Crosswalks § n. No person shall permit or cause any horse or to be kept free r r ^ other animal, wagon or other vehicle to stand on any crosswalk in the city for a longer time than is neces- sary for a person to alight therefrom, or to get into any such vehicle, nor except for such purpose. Any per- son violating any of the provisions of this section shall be subject to a fine of five dollars or to imprisonment in the penitentiary of the county for ten da^^s for each- offense. Earth, etc., § lo. Any person who shall without written per- not to be re- ^ i i Sree^tl^w^iSi- iTiission froiii the mayor or commissioner of public out permis- , , . , Sion. works, dig, remove or carry away an}' stone, earth, sand or gravel from any street, lane or public park or square in the city, shall be subject to a fine of not less than five nor more than fifty dollars, or to imprison- ment in the penitentiary of the county for not less than thirty days nor more than three months for each offense. Horses not to be left in streets with- out being se- curely tied. §11. Any person who shall leave any horse or horses in the street without being securely tied, or who shall hitch or fasten a horse or other animal to any lamp post or to any tree, or shall climb, whittle, bruise, or otherwi.se injure any tree, .shrub or fixture of any kind in any street, public .square or park in the city, shall be subject to a fine of not less than five nor more than fifty dollars, or to impri.sonment in the peniten- tiary of the county for not le.ss than ten nor more than thirty days for each offen.se. *As amended. THE CITY OF SYRACUSE. 379 § 12. Any person who shall break, ininre, deface or Persons not to molest molest any lamp, lamp post, globe, burner or any part of a fixture belonging to any gas or oil lamp belonging to the city of Syracuse, or who shall without authority light or extinguish any gas or oil lamp in any street, lane, alley, public square or park within the cit}’ of Syracuse, or who shall fasten any placard, handbill. Handbills poster, or notice, or sign of any kind, or any article of famp^p^(?st£ goods or merchandise upon or against or in any man- ner connect the same with any lamp or lamp post in the city of Syracuse, or make any other use of such lamp or lamp post at any time, shall be subject to a fine Penalty, of not less than five nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. § 13. Any person who shall open, use, draw water aii persons forbidden from or in any manner interfere with any hydrant in opening the city of Syracuse, without authority from the mayor hydramsl’^ 1 ' /- • r 1 1 w'ithout per- or chier engineer 01 the fire department ; and any per- mission of mayor, etc. son who shall break, injure, deface, remove or in any manner molest any hydrant, or any box, jacket, hous- ing or other covering to the .same, or any part thereof, without the like authority, shall be subject to a fine of not less than ten nor more than twenty-five dollars, or to imprisonment in the penitentiary of the county for penalty not less than ten nor more than thirty days for each offense. The authority herein referred to shall not be granted by such chief engineer, except for fire or san- itary purposes. 38 o ORDINAN'CES OF All persons forbidden, erecting build- ings, etc., upon streets, public squares, &c. Penalty. C ommissioner to remove same after written notice. Additional penalty. § 14.* Any person or persons who shall hereafter erect or cause to be erected any building or other fixture, or place any incumbrance in or upon any park, public square, .street or alley within the boundaries of the city, shall be subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprison- ment in the penitentiary of the county for not less than thirty days nor more than three months for each offense, and to a like fine or to a like imprisonment, for every twenty-four hours such building, fixture or incumbrance shall remain in or upon such public square, street, alley or park after written notice to remove the same shall have been given by the com- missioner of public works, or any other officer who ma}’ be authorized by the common council to give such notice ; and any person whose building, fixture or incumbrance does now remain in or upon any park, public square, .street or alley, and who .shall neglect or refu.se to remove the same within the time specified in the notice requiring its removal, shall be .subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, and to a like fine or to a like imprison- ment, for every twenty-four hours such building, fix- ture or incumbrance .shall remain in or upon any park, public .square, street or alley after the notice is given as herein provided, and at the expiration of the time given in said notice for removal, the commissioner of *As amended. THE CITY OF SYRACUSE. 38 I public works shall have power, and it shall be his duty to remove or cause to be removed any such building, fixture or incumbrance now erected or placed, or here- after erected or placed upon any park, public square, street or alley, and the owner of said building, fixture or incumbrance shall be liable to pay the expense of such removal in addition to the fine aforesaid, ^ 15. Every person who shall obstruct, occup}' or obstructions not to occupv use any part of any street, walk, alley, public square streets, &c^, ' or other public grounds in any other manner or for J,^'dinances any other purpose than is authorized by law or expressly permitted by the ordinances of this city, shall in cases not specially provided for by the ordinances Vje subject to a fine of not less than five nor more than penalty, fifty dollars, or to imprisonment in the penitentiary of the county for not less than ten days nor more than three months for each offense. ^16. It shall be unlawful for any person or per.sons Transporting 11 1111 gravel, rub- to haul or transport, or cause to be liauled or trans- bish, etc , through the ported over or through any of the streets within the city, any gravel, stone, sand, dirt, offal, manure, rub- bish, shavings, sawdu.st, lime or other loose material or sub.stance in any wagon or other vehicle which is Must be in tight convey- not so constructed as to prevent the material with anees. which it may be loaded from dropping, sifting through, or in any manner being strewn upon any of said streets, nor shall any person remove or cause to be removed fjy any vehicle through or upon any of the streets of the city any of the material named herein and .so placed on any such vehicle that the 382 ORDINANCES OF Penalty. I** Sprinkling crosswalks forbidden. Penalty. Signal lights not to be dis- turbed, etc. Penalty. same shall be liable to fall from such vehicle upon any of the said streets. Any person violating any of the provisions of this section shall be subject to a fine of not less than five nor more than ten dollars, or to im- prisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. The police of the city are hereby required to enforce this ordinance and to arrest or cause the arrest of any person they may find violating the same. § 17. An}' person or persons engaged in sprinkling the streets of the city, whether as contractor or em- ployee, who shall sprinkle or cause to be sprinkled any of the crosswalks on said streets shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. § 18. Any person who shall extinguish, destroy or remove an}' signal light placed in or adjacent to any street, alley, park or public ground of the city as a warning of danger where an excavation has been made, or where building material, dirt or other matter has been placed or remains, or which light has been placed to .show such excavation or obstruction, whether said light has been so placed by an officer of or contractor with the city, or by any other person, shall be subject to a fine of not less than five nor more than fifty dollars, or to impri.sonnient in the penitentiary of the county for not less than five nor more than sixty days, or to both such fine and imprisonment for each offen.se. THE CITY OF SYRACUSE. 383 § 19. No telegraph company, telephone company, Telegraph and electric lighting company or other person shall erect any pole in any of the streets, sidewalks or public mission common squares of the city of S\Tacuse, or extend any wire for council, telegraph, telephone or electric purposes in, along or across any street or public square of said city, until such company or such person shall first have informed the common council of said city in writing of its or his intention so to do, and of the size and height of such pole and the localit}' in which it is proposed to place the same, and of the purpose for which the same will be used, and of the size and locality of such wire and the purposes for which the same will be used, nor until the said common council shall by resolution have assented to the proposed use and location of such pole penalty, or wire. Any company or person violating any pro- vision of this section shall be subject to a fine of twenty -five dollars for each offense ; and any person violating any provision of this section shall l)e also subject to imprisonment for not less than ten nor more than sixty days for each offense. The police of the city are hereby required to enforce this ordinance, and to arre.st or cause the arrest of any person who shall be found violating the same. § 20."^ Every person who shall throw, expose or for putting salt, place, or who shall cause or procure to be thrown, etc., upon streets to dis- exposed or placed, in or upon any street, highway, or ^o^^e^snow, public place of the city of Syracuse, any salt, saltpetre or any sub.stance for the purpose of dissolving snow or *As amended December agth, 1890 Exceptions, subject to supervision of commis- sioner of public works. 384 ORDINANCES OF ice upon railroad tracks, which may have fallen or been deposited thereon, or for any other purpose, shall be guilty of a misdemeanor, and shall be subject to a fine of fifty dollars or to imprisonment in the peniten- tiary of the county for not more than thirty da^'S or less than ten days for each offense. Provided, however, that salt may be used by cor- porations operating the street railroads in the cit}’ of Syracuse at the following places ; subject, however, to the supervision and control of the commissioner of pub- lic works of said city as to amounts that shall be so used and the times when the same may be used, and the said commissioner may at any time, b}’ a notice in writing to said corporations, withdraw from them the right to use the same, at any or all of such places, viz ; 1. The grade on East Genesee street east of Crouse avenue to University avenue. 2. The grade on Crouse avenue from Madison to Marshall street. 3. The grade on Westcott street, south of Lexing- ton avenue to Genesee street. 4. The grade on Lodi street south of James street. 5. The grade on West Genesee street, west of the Auburn division of the New York Central and Hudson River Railroad. 6. The grade at the south approach of the W'arren street bridge. THE CITY OF SYRACUSE. 385 7. The grade on Cortland avenue, north of city line. 8. At turn-tables, movable switch points and at those curves where grooved rails are used. Provided, further, that if at any time it shall seem Suspension of ordinance. to the commissioner of public works essential to the safe and efficient operation of such street railroads that salt in small quantities should be used at any place not above specified, he may permit the same to be so used, subject however, to such restrictions as to quantity and as to the time during which the same shall be used as may seem to him proper. CHAPTER XU. WEIGHTS AND MEASURES. Section i. Any person using weights, measures, sealing- ... mark- scale beams or steelyards, in weighing or measuring ing of^ any article intended to be purchased or sold in the city, or in the weight or measurment of which other persons or the public are interested, shall cause such weights, measures, scale-beams or steelyards to be sealed and marked by the examiner of weights and measures, and any person who shall neglect or refuse to have the same so marked and sealed shall be subject Penalty, to a fine of five dollars, or to imprisonment in the peni- tentiary of the county for not less than ten nor more than thirty days for each offense. 386 ORDINANCES OF Sealer to visit markets, &c., every six months. Fees. § 2. The examiner of weights and measures shall have the care and the keeping of the public beam, weights and measures provided for his use, and the same shall be regulated according to the law of the State, and all weights, measures, scale-beams and steelyards sealed and adjusted by him shall be made conformable to the standard of this State ; and the said examiner shall, at least once in every six months, and oftener, if he deem it necessary, visit the markets, stores, shops or other places where weights, measures, steelyards or beams are kept and used, and examine the same, and also all measures marked on any counter, desk, seat, or fixture, and in case they be found not agreeable to law to report the same to the council. The examiner shall be entitled to ask and receive from the person for whom such examination or inspection is performed, at the rates following, viz ; For inspecting and marking every beam, $ .12 For inspecting and marking every beam if brought to him 06 For inspecting and marking measures of ex- tension, per yard 03 For any one measure, not to exceed ..... .25 For any one store, not to exceed 50 For examining and sealing weights of 14 lbs. and upwards 03 For examining and sealing weights of less denomination 01 For examining and sealing weights of plat- form scale of 1,000 lbs. and upwards. . . .25 For examining and sealing weights of plat- form scales of two tons and upwards . . . 1. 00 THE CITY OF SYRACUSE. 387 For examining and sealing measures (liquid or dry), of two gallons or more 04 For examining and sealing measures (liquid or dry), of less than two gallons 02 § 3. Any person who shall neglect or refuse to pay Neglecting . , r r ^ • r • 1 or refusing said fees of the examiner of weights and measures on to produce weights and demand, or to produce any of his weights or measures measures, before the said examiner, shall be subject to a fine of not less than five nor more than ten dollars, or to im- penalty, prisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. It shall be the duty of the examiner to .see that all retailers and .sellers of milk, beer, ale, cider and vinegar in the city do sell the same by just and true measure, and all offenders in the premises shall be reported by him to the police justice, who .shall cause proceedings forthwith to be instituted against such offenders. § 4. The examiner shall make a regular register ofseaier to make the weights, mea.sures and beams inspected by him, in a register, which he shall record the names of the persons own- ing the same, and the fact whether the same are con- formable to the standard of this State, and it .shall not be lawful for him to collect the fees mentioned afore- said more than once in each year, unless the weight, measure, steelyard or scale-beams shall be found on the second examination not to be in conformity with the standard of the State. The examiners shall be entitled to a rea.sonable compen.sation for making any beam, weight or measure conform to the established 388 ORDINANCES OF Penalty. Place designated for the sale of wood. Penalty. standard. When such beam, weight or measure is not conformable to the standard the examiner shall desig. nate some place in the city where the owner shall send the same to be adjusted, and if the owner shall neglect or refuse to do so, such owner shall be subject to a fine of not less than five nor more than ten dol- lars, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days and to a like fine or to a like imprisonment for every twenty-four hours he shall continue such neglect and refusal after the first conviction. CHAPTER XLII. WOOD. Section i. Any person exposing wood for sale within the city by the cart, wagon load or sleigh load, shall offer the same upon the south side of Ha3miarket square and upon no other public square, street, alley or place within the city (except in the First ward). No cart, wagon or sleigh or other load of wood shall be offered for sale, unless it shall have been measured by a person appointed for that purpose b}^ the com- mon council, and his certificate obtained of the amount of wood contained in such load. An}' person violating any of the provisions of this section shall be subject to a fine of not less than two nor more than ten dollars, or to imprisonment in the penitentiary of the county \ for not less than five nor more than thirty days for THE CITY OF SYRACUSE. 389 •each offense. Upon Haymarket square the teams shall stand on a line north of the north line of Bridge street, the teams to be headed north. Any load of wood entering upon said Haymarket square, desig- nated as the place for the sale of wood, shall be consid- ered as offered or exposed for sale, and shall be at once subject to the provisions of this chapter. § 2.* The stand for the sale of wood as aforesaid charge of wood stand. shall be in special charge of the wood measurer, the commissioner of public works, and the chief of police. Any person who shall neglect or refuse to locate his penalty, team or load as provided in this chapter, or as may be required by the wood measurer or the commissioner of public works, or any policeman or other officer of the city, shall be subject to a fine of not le.ss than five nor more than ten dollars, or to imprisonment in the peni- tentiary of the county for not less than five nor more than thirty days for each offense, and such team or load may be removed by the commissioner of public works, or other of said officers. § 3. The common council shall appoint annually a wood wood measurer, whose special duty it shall be at all his duties, reasonable times to be in attendance at Haymarket square and measure every load of wood brought upon said square, and give the person in charge of ever}’ load of wood so measured a certificate of such measure- ment, stating the amount contained in such load, .signed by him as wood measurer, before the same may *As amended. Penalty. To report to common council. Vacancy — mavor may fill; Water department shall make all connections ■with mains and pipes.' 390 ORDINANCES OF be exposed for sale ; and for ever>^ load of wood not exceeding three cords measured by him, he shall be en- titled to charge five cents, and for every load of wood containing more than three cords he shall be entitled to charge only three cents per cord, the payment to be made by the owner or person having the wood in charge. No wood shall be exposed for sale on said Haymarket square without having been first measured by said wood measurer. Any person violating any of the provisions of this section shall be subject to a fine of not less than five nor more than twenty-five dollars,, or to imprisonment in the penitentiary of the county for not less than ten nor more than thirty days for each offense. § 4. It shall be the duty of the wood measurer to keep a record of every load of wood by him measured, and to make quarterly reports of the total number of cords so measured to the common council. If, by reason of sickne.ss or otherwise, such wood measurer shall be prevented from attending to his duties in this chapter specified, the mayor may appoint, temporarily a fit person in his place, until the inability of such measurer shall be removed. CHAPTER XLIII. WATER. Section No person except a regular employee \ of the water department, shall make any attachment -’^As adopted May 23rd, 1892. THE CITY OF SYRACUSE. 39T to, or connection with the pipes of the city water works, or make any additions to or alterations of, any tap, pipe, cock, or other fixture connected with the pipes supply- ing water to consumers from said water works; or service pipes , . . to be laid make or insert any tap therein, or lay any service pipe by licensed ^ ^ ^ plumbers. connected therewith, unless such person shall be licensed as a plumber by the water department. Any penalty, person violating any of the provisions of this section shall be subject to a fine of not less than ten dollars nor more than fifty dollars for each offense. § 2. No person except a regular employee of the permission from water water department shall open any trench in the streets department;; ^ or public grounds of the city for the purpose of laying open strict 'for any service connection with the water works of the connections, city without first obtaining a written or printed permit from the water department. § 3. Plumbers doing business in connection with plumbers in employ of the City water works will be considered as the agents water depart- of the persons employing them in such work, and will not in any case be recognized as in any sense the agents of the Syracuse water board, or of the City of Board not responsible Syracuse; neither will said board or said city be their acts, responsible for the acts of such plumbers. § 4. Any person who shall take water for supplying sprinkling ' carts. sprinkling carts from any .street hydrant not de.sig- nated in the permit i.ssued to him, without special per- mission from the water department, shall be .subject to a fine of five dollars for each offense. 392 ORDINANCES OF Persons liable § 5. No person, except an authorized agent or em- to fine, etc., for disturb- ployee of the water department, or the fire department, hydrants. ^ person permitted by the water department to take water for sprinkling streets, shall disturb any street hydrant, or any part thereof, or take any water there- from, under any circumstances whatever; and any person violating any provision of this section shall be Penalty. subject to a fine of not le.ssthan ten dollars nor more than twenty-five dollars, or to imprisonment in the Onon- daga county penitentiary for not less than ten or more than thirty days, or both such fine and imprison- ment, and in addition thereto he shall pay. the amount of any damage done to said hydrant, or the cost of res- toring the same to its proper condition. HoWers of ^ 6- In case any damage or injury is done by any sprinkling permits liable persoii taking Water from a street hydrant for street tor damages ^ ° to hydrants, sprinkling the holders of the permit for said sprinkling shall pay the cost of the same, on demand, to the department ; and in case of refusal or neglect to pay the same, his permit shall be revoked, and no further permit shall be i.ssued to him or to any person for his benefit, or to any person employing him or whom he employs, till the said sum shall be paid. . . § 7. It shall be the duty of all officers and employees HlfdLd’of^ of the fire department, police department, water de- by’^honi. partiiieiit, and all plumbers licensed by the water department, to immediately notify the water depart- ment of damage or injury to any street hydrant, or the removal or displacement of any part thereof. THE CITY OF SYRACUSE. 393 §8. Water must not be allowed to run to prevent Patrons must comply with freezing in the service pipes or their attachments or for Ssfng Uater the purpose of flushing soil pipes or otherwise, or for the purpose of procuring cooler water, or for any other purpose than those indicated in the application or per- mit for the same and which are allowed by the Rules of the water board unless the supply shall be through a meter. Any person violating the provisions of this penalty, section will be subject to a fine of five dollars for each offense. § 9. The curb cock controlling any service shall not Disturbing- curb cock be opened or left open by the plumber, or anv other P’ohibited by '■ ' persons other person, after connecting said service with the street g^^pioyees, main, or after making any new extension or attach- ment in unoccupied premises, so that the water may be supplied to said premises by said service, without a formal permit from the department, except in cases where the work is a simple extention or additional attachment in premises where the water is then in use and where a permit has been duly obtained to make the same. Any person violating any provision of this Penalty, section will be subject to a fine of five dollars for each offense, and in addition thereto shall be subject to a revocation of the plumber’s license, in the discretion of the water board. § 10. The officers of the water department, their persons in , . 1111 • service of agents and assistants, shall have access to the premises water depart- ment shall of any water taker, at any reasonable time, to examine to the pipes and fixtures and the quantity of water used, and the manner of its use, and in case of fraudulent 394 ORDINANCES OF In case water supply is cut off. Requirements for auto- matic fire e xtinguishers. Penalty. Openings in streets must be guarded and signal lights put up. representation on the part of any water taker, or unnec- essary waste of water, or entrance upon said premises as provided for in this ordinance shall be refused, the water will be shut off. In case the supply of water is shut off as provided in this section, all moneys that have been paid to the water department by the taker shall belong to the city. § II. All stand pipes or other pipes for the auto- matic extinguishment of fires which are attached to the water supply must be provided with suitable valves outside of the building under the exclusive control of the water department. A valve must be provided, placed at the bottom of the standpipe and at each hose opening, which valves shall be sealed by the water department, and any person breaking the seal so placed for the purpose of extinguishment of fire shall imme- diately thereafter give notice at the office of the water department. Any person violating the foregoing pro- visions of this section will be subject to a fine of twenty- five dollars for each offense. And in case such seal shall be broken for any other purpose or use, or any tap be introduced into, or connection be made with such pipe, the party offending shall be subject to a fine of not exceeding two hundred dollars. § 12. Whenever any street or public ground is opened for making any connection with or laying any water pipe or fixtures, public safety and convenience shall be dul}' regarded and conserved by the construc- tion of such bridges across such trench as may be THE CITY OF SYRACUSE. 395 required to accommodate the public safety and business and that of adjacent owners ; suspension of red signal lights and all other such means of protection as may be required by a properly authorized officer or em- ployee of the water department. Any person violating Penalty, any provision of this section will be subject to a fine of twenty-five dollars for each offense. § 13. Back filling of any service trench in any street Back-filling- and pave- or public ground shall not be commenced until the ser- i^ents to be ^ ® put m good vice .shall be inspected and accepted b}’ .some agent of the water department. Such back filling shall be firmly settled with rammers or pounders, to such an extent that all the earth which has been taken from the trench shall be fully replaced therein and not left rounded above the surface of tlie street, and in ca.se the trench will receive more earth than was obtained from the excavation therefrom, then other material of a proper and suitable quality, .shall be furnished and pounded in and the pavement or other surface im- provement shall be replaced within twenty-four hours from the time the excavation is made, (except in case the pavement to be replaced is asphalt, when a further reasonable time will be allowed), and the .street shall be left in as good and satisfactory condition as before excavation was begun. All refuse or surface earth, timbers, stone, or other refuse &c. material shall h)e fully and entirely removed from the removS from streets. street immediately by the owner or his plumber, and if not so removed it may be done by the department at the owner’s expense. Provisions where work is not properly done. Meters shall not be dis- turbed. Penalty. Owners of premises to provide access to meters. When'water has been turned off. Penalty. Water can not be supplied to neighboring? premises. 396 ORDINANCES OF If a water service trench is not properly filled as provided by this .section, or if it settles thereafter, the water department may cause it to be repaired without notice, and if such repairs become nece.ssary wdthin a period of six months, the cost of the same shall be charged to and collected of the plumber, and if he shall fail to pay the same promptly on demand his license may be revoked. In estimating the said period of six months the period between the 15th of November and the 1 5th of April shall not be included. § 14. No meter shall be removed or disturbed without permission from the officers or agents of the w^ater department. Any violations of this section shall subject the person violating the .same to a fine of not exceeding ten dollars for each offen.se. § 15. The owner of premises and tenants shall pro- vide ready and convenient access to the meter so that it may be frequently read and examined by the agents of the water department. § 16. Whenever water has been turned off for non- payment of rents, or for purpo.se of repair or con.struc- tion or for any other proper or nece.s.sary reason, no person will be permitted to turn it on again who is not authorized .so to do by the proper officer of the water department. The violation of this .section shall sub- ject such person to a fine of five dollars for each offen.se. ^17. No water taker will be allowed to supply water in any manner, or through any fixtures or device whatever, to the occupants of neighboring THE CITY OF SYRACUSE. 397 premises of any description, except by special permit from the water department, and if found doing so the water will be turned off and the water rents already paid become forfeited, unless said water taker shall at once pay to the water department the schedule rates for the water so furnished, and the person so violating penalty, this section shall be subject to a fine of not exceeding four dollars for each offense. § 1 8 . Hose attachments to the city water works for Regulations for hose lawn and garden sprinkling shall be used as follows : attachments. a. The hose used for sprinkling must have an inside diameter of not exceeding three quarters of an inch and the nozzle shall have an orifice of not exceeding one quarter of an inch, and the use of leaky or defective hose is prohibited. b. Sprinkling with hose will be allowed onh' from May I St to November ist, and not to exceed three hours each day, and while in use the hose must be held in the hand. c. No person will be allowed to sprinkle opposite or adjoining premises, nor use the water from the street hose attachment or through said hose, for any purpose not authorized by the terms agreed upon with tlie water department. d. Fountain sprinklers or hose attachments set up as jets, or kept running, will be prohibited, except when charged for at fountain rates. 398 ORDINANCES OF Penalty for violations. e. A violation of any of the foregoing provisions of section 17 will subject the owner or occupant of the premises to a fine of five dollars for each offense, except in case where the water used is passed through a meter. Fountains. § 19. All sprinkling attachments not held in the hand when in use, shall be classed as fountains and fountain jets and so charged. Penalties in general, § 20. Any person violating any of the above ordi- nances, except where a penalty in named therein, shall be subject to a penalty of five dollars for each and every offense, and any person or persons having vio- lated any of the foregoing ordinances and refusing or neglecting to pay the fine or fines imposed therein, shall stand committed until such fine or fines are paid. §21. All ordinances or parts of ordinances conflict- ing with any provisions of these ordinances are hereby repealed when the present ordinances become in force. Must obtain license. CHAPTER XLIV. JUNK DEAUEKvS. Section i.* No person, corporation, member or members of a co-partnership or firm, shall engage in and carry on the business of junk dealer, without first obtaining a license so to do, under the provisions of As adopted June 26th, 1893. THE CITY OF SYRACUSE. 399 this chapter, nor shall continue in such business, after their license may have been revoked. Any person penalty, violating an}' provision of this .section shall be subject to a fine of not less than twenty-five nor more than fifty dollars, or to imprisonment in the penitentiary of the county for not less than thirty days nor more than three months, for each offense. The Mayor ma}- grant Mayor to grant license. to any person applying therefor and producing satis- factory evidence of good character, a licen.se to carry on the business of junk dealer, which license shall expire licenses to expire on upon the the fifteenth day of April, next after the ^5- granting thereof. All licenses shall be signed b}' the mayor and city clerk, and the person, corporation or firm, to whom a licen.se may be issued, .shall pay therefor to the city clerk, for the u.se of the city of Syracuse not less than<^ostof license. two nor more than twenty-five dollars. The mayor Mayor may revoke same. shall have power to revoke such license, at any time, upon the reque.st of the chief of police . §2. All junk dealers .shall keep a record of every junk dealers shall keep article purchased, showing the name and residence of record, etc. the person from whom such article was purchased, the price paid, and the date of such purcha.se. Such record such record open for must be open, at all times to the inspection of the inspection, mayor and chief of police, or any per.son authorized by either of them in writing, and any article or thing purchased shall be exhibited on demand of either of said officers or such authorized person. No goods or Time, and from whom articles shall be purchased from any minor pensoii, ^ioods can be ^ r > purchased. 400 ORDINANCES OF Vehicles used, must have name, etc., of owner thereon. In case of ad- vertised stolen goods. Shall not receive articles as pledges. Place of business must be stated in license. Junk dealer- term defined. Penalty. apprentice, or servant, nor shall any goods be pur- chased after sunset and before seven o’clock in the morning. All wagons, or carts used by junk dealers in the prosecution of such business, shall have plainly painted upon each side, in letters and figures not less than one and one-half inches in length, the name or names of the owners, their places of business and license number. If an}' junk dealer have in his pos- session any goods or articles which shall have been advertised as lost or stolen, he shall immediately notify the chief of police of the fact. No junk dealer shall receive or hold a license as a pawnbroker, nor receive any article as a pledge or pawn. The place of business of junk dealers shall be stated in the license, and such license shall not be valid for use in a different location, except by writ- ten permission of the mayor. Any person, corporation, member or members of a co-partnership or firm, buying, selling or dealing in old rope, rags, old iron, brass, copper, lead, zinc or an}^ article or thing, which from its worn condition renders it useless for the purpose for which it is made, is hereby declared and defined to be a junk dealer. Any person violating any of the provisions of this .section .shall be subject to a fine of not less than twenty-five dollars nor more than fifty dollars, or to impri.sonnient in the penitentiary of the county for not less than thirty days nor more than three months, for each offen.se. THE CITY OF SYRACUSE. 401 CHAPTER XLV. BILL POSTING AND BILL DISTRIBUTING. Section i. The mayor of the city of Syracuse may ^i^yor to grant to any resident of the state of New York, or any corporation duly organized under the laws thereof, that shall apply to him therefor in writing a license to engage in and carry on in the city of Syracuse, the business of bill posting, bill distributing, sample distri- bution for advertising purposes, and sign advertising, or either or all of such occupations which license shall expire on April 15th, next after the date of issue thereof. § 2. Every licensee under the provisions of this ordi- nance shall pay to the city clerk on the delivery of the license duly granted to him as follows ; {a.') For a bill poster’s license which shall authorize Cost of licenses. the carrying on of all the occupations named in section I of this chapter, the sum of forty dollars. ib.') For a bill distributor’s license which .shall authorize the distribution of bills, circulars, pamphlets, notices, or samples or other articles used to advertise a particular business, exhibition, entertainment, excur- sion or other matter or thing, the sum of twenty-five dollars, 3. Every applicant for a license under the provis- Bond . - , . , required. ions of this ordinance shall present to the mayor at the time of making the application for such license a bond 402 ORDINANCES OF Fees to be charged by licensees. License ^necessary. in the penal sum of one thousand dollars, executed by the party making the application with at least two sureties, residents of Onondaga county, and said bond to be approved by the mayor and conditioned for the faithful observance of the ordinances of the city, especi- ally the faithful performance of the duties and obliga- tions hereby imposed upon the said licensee. § 4. No person or corporation to whom a license shall be granted as herein provided shall charge or receive more than the following prices for the distri- bution of bills, circulars, samples and advertisements and the posting of bills, to wit : Posting bills for one week for any show, entertain- ment or business, three cents per sheet. Distributing almanacs, pamphlets or books to private houses, $ 1.50 per thousand. Distributing bills, circulars or notices to private houses, $1.25 per thousand. Distributing bills, circulars or notices to business houses and offices, $1.00 per thousand. § 5. No person or corporation shall engage in or carry on the business of bill posting, bill distributing, sign advertising, or the di.stribution of samples or other articles for advertising purposes in the city of Syracuse without having previously obtained a license .so to do under the provisions of this chapter. THE CITY OF SYRACUSE. 403 § 6. No person shall scatter or throw upon the Careless distribution •streets, public squares, sidewalks or alleys of said city, forbidden, posters, hand-bills, advertisements or papers of any kind, and nothing herein contained shall be construed to authorize any person or persons to obstruct the streets, sidewalks and alleys of said city, or create any Papers not to be thrown nuisance therein, or to prevent the posting of notices required by law. § 7. Nothing herein contained shall be construed to Merchants prevent merchants and other residents of, and doing prfvUeged^"^ business in the city of Syracuse, from distributing bills or advertising the business in which they are directly engaged, nor shall anything herein contained be con- strued to prevent any religious, benevolent, labor or social organization of the city of Syracuse from distrib- uting bills for advertising its meetings, entertainments, excursions or assemblies, subject to the restrictions con- tained in Section 6 of this chapter. § 8. Any violation of the provisions of this ordinance Penalty, .shall be deemed a misdemeanor, and any person upon conviction thereof shall be punishable by a fine of not le.ss than twenty-five dollars nor more than one hun- dred dollars, and in default of the payment of such fine, such person so convicted shall be imprisoned in the Onondaga County Penitentiary for a term not to exceed one hundred days. § 9. All ordinances and re.solutions of the common •council inconsistent with the provisions of this ordi- nance are hereby repealed. \ SUPPLEMENT FOR 1H04.. OI^F"IOE>P^» OF THE CITY GOVERNMENT FOR 1894 . J/ajor— JACOB AMOS. Cifj^ Clerk — Henry F. Stephens. City Treasurer — Patrick R. Quinlan. City Engmeer — Henry C. Allen. Corporation Council — Charles E. Ide. Coni, of Public Works — H. B. Johnson. President of Common Council — Robert Ballard-. Aldermen. I. John Leahey. II. Philip Miller. III. Frank Matty. IV. Lewis F. Weaver, M. D. V. Peter J. Mack. VI. Charles H. Candee. VII. George Freeman. VIII. PvUgene J. Mack. IX. George A. Ball. X. William J. Nairn. XL Robert Ballard. XII. Richard Otto. XIH. Leonard S. Hamson.. XIV. Euerard A. Hill. XV. John Regan. XVI. Peter Kappesser. XVII. Patrick J. McMahon.. XVHI. Udelmer C. Adams. XIX. John J. Murray. CHARTER AMENDMENTS CHAPTER 636, LAWS OF 1894. (became a law may 10, 1894.) Sections 103, 105, 106 and 180 of the City Charter WERE AMENDED TO READ AS FOLLOWS, VIZ : § 103. I. For the expenses of lighting the streets and public places of the city, a sum not exceeding eighty-five thousand dollars. 2. For the expense and support of the police depart- poUce T . department. ment, a sum not exceeding ninety thousand dollars. § 105. I. For repairing bridges and sewers, and p^idges, repairing and cleaning streets, a sum not exceeding sfreet^ sixty-five thousand dollars. 2. To defray the city’s share of local improvements. Local im. a sum not exceeding twenty-five thousand dollars. provemei 3. To defray the expenses of the support, construe- Barks, tion, improvement and maintenance of the parks of the city, including salaries, a sum not exceeding twenty thousand dollars. 4. To defray the ordinary and contingent expenses ordinary and contin- of the city, including interest on temporary loans; the gent expenses, payment of judgments and the adjustment of claims; the expenses of the board of health ; the expenses of Limitation of tax. Tax for school houses. Limitation. School apparatus, books, etc. 408 CHARTER AMENDMENTS. the poor department ; the expenses of the police court ; salaries and all other miscellaneous expenses, a sum not exceeding one hundred and thirty-five thousand dollars. § 106. The aggregate of the annual tax levy, exclu- sive of local assessments, shall not in any one year exceed the sum of eight hundred and eighty-four thousand dollars for all purposes. § 180. The common council shall have the power and it shall be their duty to raise each year, by tax up- on the real and personal estate of the city which shall be liable to taxation for ordinary city taxes, or for county or city charges, in addition to the amount of school moneys now or hereafter appropriated, as pro- vided by law for common schools in the city, such sums as may be determined by the Common Council to be necessary or proper for any or all of the following purposes : 1. To purchase, lease or improve sites of or for school-houses ; build, purchase, lease, enlarge, alter, improve or repair schoolhouses and their out-houses and appurtenances; but the amount raised in any one year for such purposes shall not exceed the sum of twenty-five thousand dollars. 2. To purcha.se, exchange, improve, and repair school apparatus, books, [furniture, and appendages ; but the power herein granted, shall not be allowed to authorize the furnishing of cla.ss or text books for any CHARTER AMENDMENTS. 409 scholar whose parents or guardian shall be able to furnish the same, except in and for the primary de- partment. 3. To procure fuel and defray the expenses of the Fuel and Library. common schools, and the expenses of the Central City librar}^ and the several school libraries. 4. To pay the wages of teachers due after the ap- plication of the public money, which may by law be appropriated and provided for that purpose. LEGISLATIVE ACTS water department amendment. CHAPTER 184, LAWS OF 1894. (became a law march 28, 1894.) Section 20 of Chapter 291, Laws of 1889, AMENDED so AS TO READ AS FOLLOWS, VIZ : § 20. Whenever the Syracuse water board shall consider it necessary that any bonds of the city Syracuse shall be issued for the purpose of this act it shall certify to the mayor and common council of the city of the amount so desired, and the purpose or pur- poses for which required ; whereupon it shall be the duty of the mayor and common council, by resolution, to cause bonds for the amounts so certified to be issued in the name and upon the credit of the city of vSyra- cuse, which shall be executed by the mayor under the corporate seal of the city, and countersigned b}’ the city clerk. Provided, however, that the aggregate Limitation . of amount. amount of the bonds issued under the provisions of this act shall not in any event e.xceed the sum of three million five hundred thousand dollars. All such bonds Bonds when shall be payable on the first day of July nineteen ^ hundred and twenty. Such bonds shall bear interest at a rate to be determined by the water board, not ex- 412 LEGISLATIVE ACTS. Interest. Sale of Bonds. Conditions of delivery. Valid city obligations. Water fund. Payments therefrom. ceeding four per cent per annum, payable semi-annually and may be either registered or coupon bonds or both, and of such denominations and payable at such place or places as the common council may direct by resolu- tion. Upon the passage of any resolution authorizing an issue of such bonds, the city treasurer shall proper- 13' advertise for proposals for the purchase of such bonds and shall sell them to the party or parties offer- ing to pay the highest price therefor, but not less than par. Upon the acceptance of any proposal for the pur- chase of such bonds the cit}' treasurer shall immediate- 1 }' deposit the same with a bank or trust compan3' des- ignated b}' resolution of the common council, with a statement of the terms of sale. Upon payment, in accordance with such terms, said bank or trust com- pany shall deliver such bonds, dul}' countersigned by it, to the purchaser. Thereupon such bonds shall be- come valid obligations of the city of S>Tacuse, and the faith and credit of the cit}' is hereb}' pledged for the pa3unent thereof, and the interest thereon. The pay- ment so received and all interest which may accrue thereon shall be placed b}' the said bank or trust com- pany to the credit of the city of Syracuse water fund. No part of such moneys shall be paid out, except upon the written order of the Syracuse water board, signed b}' the president and secretary thereof and counter- signed by the city treasurer. No order for the pa}^- ment of such moneys .shall be i.ssued except upon the re.solution of the water board, dul}' entered upon its minutes, a certified copy whereof .shall l)e filed with .EGISLATIVE ACTS. 413 the city treasurer. The voucher or other paper on ac- count of which such order is issued shall be filed with the secretary of the board, and shall bear a number corresponding with the number of the order issued thereon ; the board may, however, at an}" time, by resolution and order issued in the manner aforesaid, transfer any funds from any bank or trust company to Transfer of , funds. any other bank or banks or trust company which shall have been approved by the common council as depositories of the funds of the Syracuse water board. The funds so transferred, and all interest accruing Restrictions as to deposits thereon, shall be held and paid out by such bank or banks, or trust company, only in the manner above provided. The amount of moneys on deposit at any time with any bank or banks or trust company shall not exceed thirty per centum of the full paid capital stock and surplus of any such bank or banks or trust company. Upon the passage of any resolution author- Duties of city . , clerk and izing the issue of bonds under this act the city treasurer, clerk shall forthwith transmit a certified copy thereof to the secretary of the water board. Upon the .sale of any .such bonds, the city treasurer shall tran.smit to the secretary of the water board a statement showing the amount of bonds sold and the amount realized thereon, and shall also furnish to the city clerk a de- tailed .statement, showing the date, number and de- nomination of each bond sold, the price realized, the name of the purcha.ser, and the expenses of such sale. This act shall take effect immediately. 414 LEGISLATIVE ACTS. Issue of bonds. When payable. Sale of Bonds. SCHOOL BONDS. A LAW TO AUTHORIZE THE CITY OF SYRACUSE TO BORROW MONEY BY THE ISSUE OF BONDS FOR THE BUILDING OF SCHOOL HOUSES AND THE PAYMENT OF DEBTS CONTRACTED FOR THE PURCHASE OF LAND FOR SCHOOL PURPOSES, BEING CHAPTER 6 10 , LAWS OF 1894. Section i. The city of S3Tacu3e, by its common council, shall have authority, and it shall be its duty, by resolution duly adopted by such common council and approved by the mayor, to cause registered or coupon bonds of said city to be issued in the name and upon the credit of said city, which bonds shall be signed by the mayor and city clerk, in the sum of one hundred and twenty thousand dollars, payable twent}^ thousand dollars in one year ; twenty thousand dollars in two years ; twenty thousand dollars in three 5^ears ; twenty thousand dollars in four years; twenty' thou- sand dollars in five years ; twenty thousand dollars in six years after the date of issue, bearing interest at a rate not exceeding four per cent, per annum, payable semi-annually. § 2. Upon the issue of said bonds the city treasurer of the city of Syracuse shall suitably advertise for pro- posals for the purchase of said bonds, and he shall .sell them to the party or parties offering to pay the highest price therefor, but not less than their par value. The treasurer shall keep in his office a record of all bonds sold, by number, date, amount and name of payee. LEGISLATIVE ACTS. 415 subject at all reasonable times to the inspection of the mayor and common council of said city. The pro- proceeds.°^ ceeds arising from such sale shall be by him deposited in solvent banks or trust companies to be designated b}" the common council for that purpose to the credit of the treasurer ; but there shall not be deposited in any one bank or trust company an amount in excess of twenty per cent of the capital stock and surplus of such bank or trust company. Such deposit shall be kept separate and apart from all other funds of said city, and shall be known as the school building fund. All payments from such fund shall be made on war- payments, rants drawn by the board of education of the city of Syracuse, countersigned by the president and clerk of said board. § 3. The moneys so realized from the sale of said c^/^proceedS bonds so to be issued shall be used and employed under the direction of the board of education of the city of Syracuse, for the following purposes and none other : First. For the construction, completion and furnish- Tomp’ ing of one eight-room school building and appurten- ances to be built upon lands now owned by the city of Syracuse on Tompkins street in the ninth ward of said city, which shall cost, when completed and furnished, not to exceed the sum of nineteen thousand dollars. Second. For the construction, completion and fur- nishing of one eight-room school building and appur- tenances upon lands now owned by the city of Syracuse on Butternut street, in the twelfth ward of said city. 4i6 LEGISLATIVE ACTS. the cost of which building, when completed and fur- nished, shall not exceed the sum of nineteen thousand dollars. Building on Clinton school lot. Third. For the construction, completion and fur- nishing of one twelve-room school building in the fourth ward of said city in place of what is now known as the Clinton school, to be constructed on said Clinton school lot or such other lot in said ward now owned, or which may hereafter be acquired, by the city as shall be approved by the common council, which build- ing, when completed and furnished, shall not cost to exceed the sum of twenty-nine thousand dollars. Building in nineteenth ward. Fourth. For the construction, completion and fur- nishing of one twelve-room school building in the nineteenth ward of said city of Syracuse upon such lands now owned or which may hereafter be acquired by the city as shall be approved by the common coun- cil, which building and appurtenances completed and furnished shall not cost to exceed the sum of twenty- nine thousand dollars. Improvement Fifth. For the enlargement, improvement and re- of Bassett school building. pair of the Bas.sett school building and appurtenances in the fourteenth ward of said city, a sum not to ex- ceed the sum of five thousand dollars ; provided that none of said moneys so authorized be expended for the construction or repair of school buildings shall be paid or expended until after the contracts, plans and speci- fications for such construction and repair shall be ap- proved by the common council. I i.K(;i.si,A'n\i': acts. 417 Sixf/i. To pay to one William H. Warner, of Syra- Paxmcntto W. H. Warner cnse, the sum of fourteen thousand dollars and accrued interest thereon, being the amount due and unpaid to him upon a certain land contract made by one David Leslie with the city of Syracuse, for the purchase of lands for school purposes in the seventh ward of said city, which contract has been assigned b}’ said Leslie to said William H. Warner. Seventh To pay and cancel of record mortgages on I'ayment of ^ 00 inortKages. land of the said city known as the Prescott school lot and building in the twelfth ward in the amount of three thousand eight hundred dollars and accrued interest, which mortgages are held and owned by the vSyracuse Savings Bank and James J. Belden. § 4. Any unexpended balance of the proceeds of Transfer of unexpended said bonds shall be transferred to, and disposed of as a part of the permanent school fund of said city ; and the common council of said city of S}Tacuse is hereby authorized to include in and add to the annual tax to be levied and assessed upon the inhabitants of said city for in each of the years eighteen hundred and ninety-five, and hiteresi of bonds. eighteen hundred and ninety-six, eighteen hundred and ninety-seven, eighteen hundred and ninety-eight, eighteen hundred and ninety-nine, nineteen hundred, in addition to the sum authorized to be raised by sec- tion one hundred and six of the charter of said city, the sum of twenty thousand dollars for the payment and retirement of the principal of said bonds as pro- vided in section one of this act. The first payment of First payment of principal. principal of twenty thousand dollars of said bonds to become due and payable on the first day of July, eigh- teen hundred and ninety-five. § 5. This act shall take effect immediately. ORDINANCES AS AMENDED. CHAPTER XXVII. OFKKNvSES AGAINvST THE PUBLIC PEACE AND QUIET. Section. 6. Any person who shall solicit alms in the city for any purpo.se whatever without permission from the mayor, or any person found guilty of va- grancy, .shall be subject to a fine of not less than two nor more than twenty-five dollars or to impri.sonment in the penitentiary of the county for not less than ten days nor more than three months or to both such fine and impri.sonment for each offen.se. Section. 12. Any peuson who shall indecently e.x- hibit any stallion within the city or permit any bitch in heat to run at large upon the streets or .sidewalks of .said city, .shall be subject to a fine of not less than five nor more than fifty dollars or to imprisonment in the the penitentiary of the county for not le.ss than ten or more than twenty days for each offense. CHAPTER XXXVHI. reports. vSection 1. The board of police commis.sioners, the board of fire commissioners, the board of excise com- 420 ORDINANCES. inissionens, the board of education, the board of health, the board of civil service examiners, the city treasurer, the corporation counsel, the commissioner of public works, the city engineer, the police justice, the fire mar- shal, and the overseer of the poor, .shall report annually to the common council in the month of February, and at or before the last meeting of the common council, then retiring from office for the year ending with the fiscal year, or oftener if required, and in such form and man- ner as the common council may require, a detailed statement of all transactions, financial or otherwise, belonging to his or their department, the condition of the same and the public property belonging thereto, together with such other items of public interest, and such suggestions concerning his or their depart- ment as he or they may deem essential to the public welfare. INDEX Page. ABATTOIRS, (council, nuisances, slaughter houses,) erection of 52, 325 ACCOUNTS, (auditors, council,) board of auditors discontinued 109 board of education 135, 137 of fire department audited by board of fire com- missioners 143 allowed and paid how 184 common council to prescribe manner of auditing. . 184, 187 ACTIONS, (city, injuries,) duty of corporation counsel as to 81 again.st city for injuries 190 notice of 190 jurisdiction of municipal court 195-197 discontinuance of, in municipal court 198 trial of, in municipal court 198-200 fees and costs in municipal court 2(x>-202 by or agaiiLst water board 225 ADVKRThSINO BOARDS, (council, ])ublic ])eace, ) carrying of, in .streets without ])ermit, forbidden 333 AI/DKRMEN, (council, city,) how elected 37, 38, 92 .special election of, tie vote 43 vacancies, how filled 43 constitute common council 45 majority of, a quorum of council 45 vote in common council 45 power to enforce ordinances 65, 259 term of office, and salary 92 when personally liable for acts 97 unauthorized a])pro])riations, liability for voting 183 procedure to recover debts of ])roceeding council 184 not to be interested in work done, or siq)])lies 188 enforcing ordinances as to loads 259 authority to enter disorderly and gambling houses. .274, 275 . authority of , on public markets 318 authority to inspect jiawnbrokers’ records 340 .sidewalk ob.structions 364 awnings 365 422 INDEX. PAGE. ATvEEYS, (highways, streets, etc.,) powers and duties of commissioners of highways 66 laying out of 127 fires not to be kindled in, without permission 290 penalty for obstructing 372, 380 AMRUEANCES, (immoderate driving, ) immoderate driving of 331 ANIMALS, ( council, impounding, ) powers of council 51 impounding of, fees for 250 pound-keeper to provide food 250 duties and authority of pound-master 250, 251 city not liable for fees and expenses 252 notice of sale of impounded 251 dead animals not to be buried in city 252 penalties for maltreating 252, 331 penalties for permitting goats to run at large 252 dogs 269-272 jurisdiction of health officer in regard to dead 316 penalty for allowing bitches to run at large 419 stallions not to be exhibited ... 419 APPEALS, ( asse.ssments, judgments, municipal court, ) from asses.snient council to hear and determine from commissioners’ re])ort on opening streets. . . . . , from assessors on damages on opening .streets from judgments again.st city from municipal court judgments from commissioners of appraisal in water board effect of appeal on ])o.s.session of land AREAvS, ( l)uildings, council, .streets,) ])Ower of council council to regulate con.struction of how to be con.structed ASHES, (buildings, council, streets,) deposit of, regulated by council. 51 , 58 construction of rece])tacle.s for 165, 281 combustible materials to be kept fn)m receptacles for. . 287 not to be mixed with garbage 296 not to be thrown on street or sidewalk 375, 381 ASSEvSvSMENTvS, ( a.sse.s.sor.s, council, city treasurer, taxes,) authority of council 53)94 rolls to be left at office of a.sse.ssors 89 time to review 89 error in chri.stian name not invalidate 90 what is a sufficient de.scription in 90 \ authority of council to tax and asse.ss 94 95 bonded indebtediie.ss 9.) 54 59 169 1 16 116 130 L3I 188 203 215 216 INDEX. 423 PAGE. ASSESSMENTS, (assessors, council, city treasurer, taxes, ) educational purposes 94 fire department, lighting and water 94, 95, 407 police department 95, 407 ordinary and contingent expenses 95, 407 bridges, sewers and streets 95, 407 amount of city tax levy 96, 408 general tax, how to be assessed 96 specific purposes 97 liability of common council 97 lien on real estate 98 fees for non-payment 98, 99 notices of unpaid taxes and service thereof 98, 99 issue and return of warrants 99 return of list of unpaid taxes to assessors 99, 100 correction of errors 100 reassessmsnt for irregular and insufficient tax 108 cease to be a lien, when 108 local improvements iii, 114, 115, 126 manner of assessment 1 1 5-1 17 appeal from 115 collection of local 117 opening of streets — damages 130 money for school purposes, how raised 138, 408 ASSEvSSORS, (assessments taxes, ) elected how 38, 88 number of 88 term of office, compensation, duties 88, 89 notice of com])letion of rolls, how given 89, 131 correct assessment rolls 89, 90 description of lands 89, 90 time to complete and correct rolls 90 office and office hours 91 books and maps open to public ins])ection 91 unpaid taxes 99 revision and correction of tax roll loo ])roceedings in local im])rovements 114 assess for local improvements 115 hear objections and correct rolls 116 council to appoint in cases of appeal 116 coni])ensation of commissioners 117 asse.ss damages on opening streets 130 ASSISTANT ENClINKIvRvS, (fire de])artment, ) appointment of 143, j 44 salary, how fixed 144 powers and duties at fires 145 ASSIvSTANT OVERSEER OF POOR, (overseer of poor,) ap]X)intnient, salary and duties of 82, 83 424 INDEX. PAGE. AUCTIONS, (council, licensing,) jurisdiction of council 57 crying goods at 57 pound-keeper to dispose of animals at 250 property not to be sold without license : 253 penalty 253 licenses, how granted and revoked 253, 254 fees for license for 254 on sidewalks, prohibited 364 AWNINGS, (council, sidewalks, buildings,) council to regulate 52 permission of council required for other than cloth .... 364 authority of mayor and other officials to order removal of 365 height of cloth and other, specified '. . . . 365 AWNING POvSTS, (council, sidewalks, buildings,) council to regulate use of 52 bagatelle, ( gambling, ) penalty for keeping 274 BAGGAGE WAGONS, (council, hacks,) licensing of 306 numbers required 308 drivers not to enter depots 309 BALL ALLEYS, (council, gambling, ) power of council to suppress and re.strain 54 BALL PLAYING, (council, streets, ) penalty for, in streets 332 BATHING, (council, swimming,) council to regulate or prohii)it 57 council to establi.sh and regulate public baths 57 bathers nurst wear suitable garments 254 ])enalty for, in creek or canal without suits 254 BAY WINDOWS, (council, buildings, streets,) council to regulate construction of 59 BEGGARvS, (council, vagrancy,) restrained and ])unished 53, 419 BELLS AND GONGS, (council, public peace, ) council to regulate ringing or tolling of 57 ringing of, penalty 332, 334 driving sleighs without 333 ringing of, on Sundays prohibited 334 BENZINPl, (petroleum,) .storage and .sale of 34<^ BICYCLES, ( council, streets, .sidewalks,) council to regulate 58 registered, if u.sed on .sidewalk, penalty 368 ex('ei)lioii to registry 3^9 INDKX. 425 I’Aca-:. BICYCIvES, (council, streets, sidewalks.) regulations as to use of sidewalks 369 rate of speed 369 penalty for injury from collision , 370 mode of registry 370 transfer or sale of 370, 371 evidence of ownership of 371 permits for 371 definition of “ cycle ” 371 fees for 371 mayor grants extra privileges 372 BILL POSTING AND BILL DISTRIBUTING, (mayor, license, bonds, ) license required and cost of 401, 402 mayor issues license . 401 bill poster’s license and cost of 401 bill distributor’s license and cost of 401 bond of licemsee 401, 402 fees of bill-posters and distributors 402 careless distribution forbidden 403 local merchants not required to obtain license 403 privileges of local organizations 403 penalty for violation of ordinance 403 BILL BOARDS, (council, buildings, .streets,) regulating height of 2S3, 284 BIRDvS, (council, streets,) injury to ne.sts, penalty for, etc 33S BLASTING, (council, fire limits, ) penalty for, without ])ermission 279 BOARD OF CITY AUDITORS, (accounts, common coun- cil, dei)artments, ) discontinuance of 109 powers vested in mayor and common council 109 ])olice and health records and accounts 110 provisions of the old law 109, 110, 1 1 1 BOARD OF CIVIL SERVICF: EXAMINERS. re])ort annually to common council 420 BOARD Ob' EDUCATION, (assessments, auditors, council,) election of 39, 93 funds for 94, 415 organization of, and meetings 133 city su4)erintendant of schools, duties of and charges against 133, 134 president of 133 rei)ort to council annually, e.stimated expen.ses 135 action on report by council 135, 136 ex])enses not to exceed ap])ro])riations 136 ])ersonal liability of commissioners 136 426 INDEX. PAGE. BOARD OF EDUCATION, (assessments, auditors, council.) powers and duties of 136, 137 returns to be made to the superintendent of public instruction.... 137 school funds, how raised 94, 138, 139 expenditures for school sites and houses limited. . .408, 414 free text-books 139, 409 teachers’ wages 139, 409 Central library, expenses of 139, 409 school libraries, expenses of 139, 409 school moneys, care and disbursement of 140 school moneys, not to be diverted 140 school commissioners’ district 140 members not to be interested in work done or supplies 188 report annually to common council 420 .school bonds, act of 1894 414, 418 BOARD OF EXCISE COMMhSSIONERS, (council,) report to common council annually 420 BOARD OF FIRE COMMISSIONERS, (council, fire de- partment, ) supervise and control fire department .... 14 1 constituted how 141 appointed by mayor, tenure of office 141 authority of mayor 142 vacancies, how filled 142 clerk of 142 non-partisan, without compensation 142 removal for cause 142 jurisdiction of, over fire department 141, 142, 143 warrants of, how signed 143 a])pointment of chief and other eni])loyees 143, 144 salaries of department a])])roved l)y council 144 control at fires 145 permission of, for removal of a])])aratus 145 chief engineer to report monthly to 145 chief engineer’s statement communicated to council.. . 146 fire alarm telegraph under control of 150 limiting wooden building district 173 funds to be turned over to city treasurer 175 pro])erty to be turned over to common council 175 may order dangerous materials removed 288 when board may remove dangerous materials 289 vessels containing gun powder 289 license the selling of kerosene and petroleum 349 report to the common council annually 419 BOARD OI' IlEAI/ni, (council, health inspector, nuisan- ces, public health,) expenses of, provided for 95, 407 stables nmst be approved by ... 173 ])lumbers must register with 234 appoint inspector of plumbing 235 INDEX. 427 I’AGK. BOARD OF HEALTH, (council, health inspector, nuisan- ces, public health.) may supervise inspector of plumbing 236 give notice of violation of plumbing rules 237 prepare rules of plumbing 237 violation of rules, penalty 239 removal of offal and garbage 295 garbage carts of 297 places of deposit for garbage, designation of 298 clerk, duties of 29S complaints to be recorded 298, 299 report to chief of police 299 expense of, to be paid by city 300 accounts audited by council 300 health inspector, duties and power of 315 health officer to carry out orders of 315 penalty for false representation of 317 jurisdiction in cases of nuisance 325 abatement of nuisances 327 injury to public waters prohibited 32S tenements, overcrowding of 328 permits for cleaning vaults, privies, etc., granting of. . 329 to report annually to common council 420 BOARD OF PLUMBERvS AND PLUMBING, '( Board of Health, j appointment of board 230 terms of office 230 vacancies, how filled 231 ex-officio members 231 compensation 231 qualifications 232 ])owers and duties 232 meetings 232 certificates of competency 232 plumbing code 233 fees 233 city of Brofiklyn, tax levy 233 compensation of meniliefs 233 examinations as to (jualifications 234 conducting business without certificate prohibited 234 registration with lioard of health 234 certificate thereof 234 cancellation of registration 234 conducting business without registration prohibited. . . 235 in.spection of pluniliing 235 qualifications 235 compensation 236 duties of inspectors 236 reports 236 ex])irations and renewals 236 notice of violations of rules 237 428 INDEX. PAGE. BOARD OF PLUMBERS AND PLUMBING, (Board of Health.) proceeding, when violations not removed 237 plumbing, etc., executed in accordance with rules 237 proviso 238 rooms and office expenses of board 238 tax for expenditures , 238 violations of act a misdemeanor 239 issue of licenses to connect with mains restricted 239 BOARD OF POLICE COMMISSIONERS, (council, police department, ) members of, may make an arrest 65 special police, appointment and control of 69 report accounts and expenses to council no appointment of, by mayor 176 non-partisan 176 vacancies, filled by mayor 176 compensation, to serve without 177 mayor remove for cause . 177 reasons for removal submitted to council. 177 powers and duties of 177 council to provide rooms for 177 meetings, when and where held 177 quorum ' 177 president, appointment of 177 chief of police clerk, ex-officio 178 duties of clerk 178 appointment and control of policemen 178 limit of police force 178 additional policemen, power to appoint 178 additional policemen by three-fourths vote of council. . 178 extra and special policemen, control of by 178 compensation of policemen 179 chief of police, duties and compensation of 179 chief’s monthly report. 179 captain of night watch and chief of ])olice, appoint- ment of 179 ca])tain of night watch, compensation of 180 detectives, a])pointnient and compensation of 180 su.speiision, or removal of members of police force 180 warrants of, has .signed 182 make by-laws for ])olice force 182 rewards and gifts to officers retained by 242 tru.stees of ])olice ])ension fund _ 243 annual report of trustees to common council 244 may grant pensions to officers, widows, children 245 may order ])ension to cea.se 247 adopt rules to regulate police pension fund 248 report annually to council 4^9'^ INDKX. 429 i’A(;k. BOARD OK SUPERVIvSORS, (election, taxes, ) bond of city treasurer as collector of county taxes, how made and approved 84 assessment of county taxes 86 assessment rolls, copy of to be delivered to- 90 election, powers, authority and compensation of 93 cease to act as board of city auditors 109 BOARD OF WATER COMMLSSIONERS, ( water board, ) BOARDING HOUSEvS, ( buildings, fire, ) to provide suitable fire escapes 172, 284 BOATMEN, (council,) licensing of 55 BOATS, (council, porters and runners,) council to license runners for 58 whistles on 357 inspection of steamboats 359-361 gunpowder on 289, 303 BOIDERS, (council, buildings, chief engineer, fire,) power of council in regard to dangers from 48, 58 houses and rooms for, how constructed 166 precautions against fire 286 on yachts or steamboats to be examined 359 proper repair 359, 360 BONDvS, (city council, ) council may issue registered or cou]K)n 61 record of surrendered, ke])t by treasurer 62 advertising for proposals for 62 how awarded on sale 62 j)rovi.so as to sinking fund ... 63 clerk of police justice to file, a])proval by mayor 79 of city treasurer 83 of city treasurer as county tax collector 84 of constables 93 council may issue local improvement 114 local improvement 114 contractors 123 council may recpiire city officials to give 186 city may sue on officials r86 council may require additional 186 action u])on, in nmnici])al court 195 action upon surety bond, in munici])al court 195 of clerk and deputy clerk of municipal court 204 water 221, 41 1 pro])osals for purchase of water 22 r, 412 sale of water 222, 412 proceeds from sale of water 223, 412 of treasurer of police pension fund 243 of pawnbrokers 340 of bill poster and distributor 401 school, act of 1894 414-419 430 INDKX. rAGE. RONE BOIEING OR GRINDING, (council, nuisances,) power of council in regard to 54 BOOKS, (council, exhibitions,) city clerk to have charge of city records 70 city clerk provide record of warrants signed 71 city engineer to keep record 72 city treasurer must keep 85 record of non-residents 85 of a.ssessor, public records 91 of board of education, subject to inspection of council.. 134 what fire marshal shall record in his 150 chief of police keep record of cases and proceedings. . . 179 chief of police keep record of property taken 179 docket of municipal court 204 of water board, subject to inspection by city officials. . . 225 water works, record of city clerk 226 water works, record of city treasurer 226 record of clerk of police pension fund 244 of sextons 262 city clerk keep record of city real estate 267 city clerk keep record of dog licenses 270 lewd or indecent prohibited 276 record of board of health 298 complaint book of board of health 299 record of pawnbrokers open to inspection 340 registry of cycles by city clerk 370 j)ermits for cyclers recorded . 371 register of sealer of weights and measiires 387 of junk dealers, open to ins])ection 399 fees for distributing 402 text, for schools 408 BOXTNDARIES, (city limits,) city defined 26 first ward 29 second ward 29 third ward 30 fourth ward 30 fifth ward 31 sixth ward 31 seventh ward 32 eighth ward 32 ninth ward 33 tenth ward 33 eleventh ward 33 twelfth ward 33 thirteenth ward 34 fourteenth w’ard 34 fifteenth ward 35 sixteenth ward 35 ^ seventeenth ward 36 eighteenth ward 36 INDKX. 4.V I’AOK. HOUNDARIKvS, (city limits.) nineteenth ward 37 school district 140 of first building district 151 of second building district 152 fire limits 280 erection of wooden buildings limited 151, 173, 280, 281 limits for cycle riding or sidewalks, how fixed 369 BOWIE-KNIVES, ( council, offences against public peace, ) carrying of, prohibited 33 t ‘ BREACH OF THE PEACE, (public peace,) penalty for 329 BRFvWERvS, (nuisances, sidewalks, streets,) depositing foul substances in streets 325 BRIDGEvS, (council, markets, streets,) powers of commissioners of highways 66 commissioner of public works to clean 74 commissioner of public works to repair 75 vehicles remaining on, penalty 140 making sales on, penalty . . 141 entering upon after signal, penalt}- 141 cyclers not to ride on foot-paths of 369 tax levy for 407 BUILDINGS, (council, chief engineer, fire limits, streets,) powers of council 50, 52, 54, 55, 58, 59, 60 numbering of, how fixed 51 walls of..' 58, 148, 152, 155, 156, 291 council to remove dangerous 58, 60 construction of chimneys 58, 162, 165, 286, 293 construction of stoops, ste])s, l)ay windows, etc 59 fences 55, 60, 283 dangerous buildings 60, 135, 136, 294 care of school, by board of education 138, 408 tax for school 138, 408 within fire limits, to conform to certain conditions • 152-174, 291 permits for, given by fire marshal 146 plans submitted to fire marshal 147 power of fire marshal over construction of .... 147, 168, 291 examination of, by fire mar.shal 147 unsafe walls of 148 districts 151, [52 external walls 152, 155, 158 party wall 152, [53, 155-7 foundation wall 152, 155 partition wall 152, 157, 169, 172 definition of tenement and lodging . . 152 alterations and additions to 152, 281 notice of erection to fire marshal 153, 282 in closure of .sites 154 432 INDKX. I’AOK. KUILIHNGS, (council, chief engineer, fire limits, streets.) sidewalks around, in construction 154 materials not to be placed on street without permission 154, 372 hollow walls 158 hall partitions 158 anchors 158 brick piers and iron columns 159 floor beams and rafters ife stone templates when required 160 roofs and floors 160, 161, 162, 166 cornices 162 scuttles and skylights 162, 168, 290 hearths and fireplaces 163 smoke pipes 163, 165, 286 furnaces and registers 164 woodwork 164, 166 fire plans and heaters 165 steam pipes 165 doors 166, 1 71 fire escapes 167, 168, 284 hoistways and elevators 169 public 170 stairs 170, 171 stand pipes 171 overheads 172 tenement and lodging houses 172, 173 stables 173 wooden buildings 173, 174 plumbing and drainage of 235, 237 removal or enlargement of 281, 283 ]ienalties for erecting or removing, in fire limits 282 permission required to erect wooden 282 fences, height of 283 chief of police and patrolmen to report erection of new.. 291 fire marshal may enter to inspect 292 construction of, for storage of petroleum 347, 348 stairs to sidewalks, not to be erected without ])erniis- sion ; 367 ])erniission may be revoked 373 ])rojections beyond line of street to l)e removed 377 obstructions in .streets, ])arks, etc 380 new .schools, act of 1(894 415, 416 nriLDING DIvSTRICTvS, (fires, buildings,) boundaries of fir.st 131 boundaries of .second 152 roofs in fir.st 161 wooden buildings in fir.st 173 wooden buildings in .second 174 HUDGin', (mayor, ) objections to, by mayor 46 of board of education 135 INDKX. 433 I’AfJK. BULLS, (animals, impounding,) not buried within city limits 252 BURIALS, (animals, cemeteries, council, sextons,) council to regulate 57 animals within city, forbidden 252 fees for, at cemeteries 263 hack fees at 307 of dead animals by health inspector 316 BUvSINESS HOURS, (mayor, city treasurer, assessors,) of mayor 68 city engineer must give public notice of 72 of city treasurer . 85 of assessors 91 of fire marshal 146 of municipal court judge 194 of weigher of hay 312 of pawn-brokers limited 345 BUTCHERS, (council, markets,) power of council to license and regulate 55 licensed to sell on market 318, 319 BUTTERINE, (council, markets,) power of council as to sale of 60 BY-LAWS, (ordinances, rules, &c.,) power of council to pass 45, 64 power of council to amend and repeal 64, 65 when copies admitted in evidence 65 violation of 65 to govern police, power to pass 182 repeal of by-laws 190 of water works, power to pass. ... 226 of ninth ward cemetery, power to ])ass 241 CABMEN, (council, hacks, &c.,) licen.sing of 55 CABS, (council, hacks, &c.,) licensing of 306 rates of hire specified 307 CANDLES AND LAMPS, (buildings, fire,) use of, where combustibles are ke])t 287 CANNON, (council, fire arms, ) discharging witliout permi.ssion, penalty 279, 280 CAPTAIN OF NIGHT WATCH, (police department,) appointment of 179 duties and compensation of . . . 180 oath of office 180 term of office 180 sus])ension or removal of 180 CARAVANS, (council, exhibitions,) exhibiting without license prohibited 275 434 INDKX. PAGE. CARD PRAYING, (council, chief of police, gambling,) power of council to restrain or suppre.ss 54 penalty for permitting gambling 273 CARRIAGES, (council, hacks, licensing,) licensing of 55, 306 rates of fare . 307 stands for 309, 310 not to cross bridge after signal 256 CARTMEN, (council, hackmen, licensing,) jurisdiction of common council 55 licensing of 55 penalty for allowing vehicles to remain on bridges 255 penalty for entering on bridge after signal 256 licenses, where obtained 256 penalty for non-compliance 256 carts to be numbered, penalty 256 rates of charges, specified. ... 257 extra compensation 258 where to stand, penalties and exceptions 258 width of tire specified, penalty 259 CATTLE, (animals, impounding,) impounding of, regulated by council 57, 250 fees for weighing 312 CELLARS, (buildings, health officer, council, streets,) council to regulate construction of 59 depth of foundations of buildings 155 health officer empowered to inspect 316 as a nuisance, prohibited 324 CEMETERIES, (council, sextons,) powers of council in regard to 57 ninth ward cemetery, law of 1890 240 duties of sexton in first ward 260 duties of sexton in Rose Hill 260 deeds of lots, how to be given 261, 262 forfiture of lot 262 reports, how to be made 262 sexton’s fees for digging graves, &c 263 ])enalties for obstructing, injuring and de.secrating. ... 263 children, unaccompanied, not to enter 263 hack fees 307 CEMETERY NINTH WARD. care and control of cemetery 240 trustees, appointed and terms of 240 vacancies 241 appointments filed 241 organization 241 rights and powers 241 \ transfer of funds 241 powers of board ... 241 by-laws, etc 241 iNDKx. 435 PAGE. CENTRAL CITY LIBRARY, ( board of education, ) j^overned by board of education 139, 409 CEvSSROOLS, (council, health inspector, nuisances,) contents not to be removed without permission 329 CHARGES AGAINST OFFICERS, (council, depart- ments, ) jurisdiction of mayor 68 superintendent of schools 133, 134 members of police commission and force 177, 180 fire commissioner 142 firemen 144 method of procedure prescribed . 189 power of council 189 removal of constables 194 CHARTER ELECTION, (council, elections,) when held and notice of 40 opening and closing of polls 41 ballots used 39, 41 qualification of voters 41 canvass of inspectors and filing 42 canvass of council and declaration 43 tie vote and special elections 43 power and duty of council 56 of 1885 191 special water election in 1889 227, 228 CHIEF ENGINEER, ( fire department, ) • appointment of 143 suspension of subordinates — jjower in 144 .salary fixed by board of commissioners 144 control at fires 145 may call for police assistance 145 permission to take fire apparatus from city 145 monthly .statement to fire commissioners 145 may request fire marshal to inspect buildings 147, 292 custodian of city flags 264 articles deemed dangerous 288 designate places for dangerous articles 289 cars and vessels containing gunpowder 289, 303 inspect and remove buildings dangerous from fire, . . . 294 ]K)wer of, in sale and storage of gunpowder 301, 302 to designate ])lace of transfer of ex])losives 304 storage and removal, etc., of explosives 304, 305 storage of hay and straw : 315 ])etroleum, to examine storage of 348, 349 mu.st be notified of digging of trenches 375 grant permits to use hydrants for fire and sanitary purposes 379 CHIEF OF POLICE, (police department,) enforce ordinances 66 a.ssivSt fire de])artment 145 ex-officio clerk of board of commi.ssioners 178 436 INDKX. PAGE. CHIEF OF POLICE, (police department,) appointment of 179 duties of 178, 179 compensation of 179 monthly report 179 control of detective force i8o oath of office 180 term of office 180 {suspension or removal of 180 issue permits for carrying pistols 243 may take bail and perfect bond 248 enter disorderl)’- and gambling houses and arrest.. . 274, 275 to require patrolmen to report erection of new build- ings 291 complaint book for violations of health regulations .... 299 health ordinances enforced 299 may inspect pawnbrokers’ records 340 appraise value of pawned goods, when 342 report of pawn-brokers, daily 345 may detail policemen for special duty 352 sidewalk obstructions 364 awnings . 365 impound detached vehicles found in streets 376 supervision of wood stands 389 request revocation of licenses of junk-dealers 399 may inspect junk-dealers’ record-book 399 CHIMNEYS, (council, buildings, fire,) construction and sweeping of ... .58, 162, 163, 286 291, 293 notice of unsafe 165 not burnt out, without permivSsion 292 CHIPS AND SHAVINGS, (buildings, fire, ) safe storage of 287, 288 not to be scattered on streets 288 not to be thrown on streets, park or sidewalk 375 tight conveyances for 381 CHURCHES, ( buildings, fire, ) stairways in, how constructed 170 churches exempt from building rules how 172 fire escapes neces.sary 284 CIRCUSES, (council, exhibitions,) power of council 53 licen.se required 275 CISTERNS, (council, buildings, .streets,) power of council 54 CITY, cor])orate name of 25 sue and be .sued 25 \ common seal 25 receive and convey real or personal e.state . 1 . . . 25 corporation property 25 INDEX. 437 TACE. CITY, powers and privileges of 26 boundaries defined 26 election of 40 finances and property in charge of council 47 taxes 94, 407 sue for breach of official bonds 186 appeal from judgment against 188 enWcenient of judgments in favor of 189 liability of, for injury from defective sidewalks or street 190 action against, how instituted 190 records and documents of 267 real estate owned by 267 CITY CLERK, (council,) provide separate ballots for school officers 39, 40 notice of elections given by 40 result of election filed with 42 appointment of 44, 70 term of office specified 44, 70 certify proceedings of council 45 record objections of mayor in full 46 charge of corporate seal, etc 70 countersign all licenses granted by mayor 70 keep record of council proceedings 70 copies of assessment rolls to be made 70 detailed statements of finances annually 70 monthly statement to council 71 draw, sign, and register all warrants on city treasurer. . 71 advertise for contracts of work and report to council ... 71 ex-officio clerk of board of health 71 duties incident thereto 71 furni.sh copies of contracts signed and re.solutions of council a])])roving the same to the commi.ssioiier of ])ublic works 76 certificate of com]detion of work filed with 76 receipt of property of city filed with 77 clerk of police justice file bond with 79 ])ower to take acknowledgements and affidavits 82 a])prove and indorse city treasurer’s bond 83 asses.sment rolls delivered to 90 a.ssessment rolls delivered by, to supervi.sors 90 constables file bond with 93 assessment rolls delivered to city treasurer 98 notice of delivery for collection piiblished 98 objections to improvements delivered to 1 13 execute with mayor improvement bonds j 14 asse.ssment rolls of local ini])rovements filed with ... . 116 written ap])eal from, filed with 116 objections to sewers filed with 1 19 advertise for proposals 123 INDKX. 43 « PAGK. CITY CLERK, (council,) map of streets filed with 127 M'ritteii appeal from report of commissioners, filed with 129 assessment roll of opening streets filed with 13 1 council may direct re-advertisement for proposals. . 123, 185 official bonds and oaths filed with 186 notice of action against the city served on 190 record appointment and organization of water board . . . 208 proposals received and contracts of water board filed with 217 maps of water board filed with . 220 countersign water bonds 221, 41 1 certify bond resolution of council to water board 223 waterworks record kept by 226 duties in water election of 1889 228 mayor file appointment of Ninth Ward Cemetery trus- tees with 241 notice of sale of impounded animals filed with 251 furnish numbers to cartmen and register same 257 sale of cemetery lots and deeds b}^ 262 report annually to council cemetery accounts 262 keep record of city real estate 267-268 furnish numbers for dogs and register dogs 269 issue dog licenses and receive fees 269 furnish numbers and copies of rules to hackmen 308 weigher of hay report monthly to 314 licensing and numbering milk venders 324 keep public record of city ordinances 336 sign pawn-brokers’ license and receive fees 339 register cycles 370 issue permits to ride cycles on sidewalks 371 junk-dealers’ license 399 receive bill-poster’s licen.se fees 401 receive .statement from city treasurer of sale of water bonds 413 .sign .school bonds of 1894 414 CITY ELECTIONS, (charter election, council, elections, ) eligible candidates 38 when held 40 common council to designate polls 40 notice to be given by city clerk 40 ])ublication in city ])apers 41 opening and closing ])oll.s 41 forms of ballots. 39, 41 ({ualifications of electors 41 canvass of votes and certificate of result 42 common council declare officers elected 43 tie vote 43 special election and notice thereof 43 vacancies, how filled council to make all ])rovi.sion.s for holding 56 of 1885 191 .si)ecial water election of 1889 227, 228 INDKX. 439 rA(;E. CITY ENGINEER, (council, local improvements, ) appointment of 44, 72 term of office and duties 72 office hours 72 book of record of maps and surveys of streets, etc 72 establish grades under direction of council 72 make maps, surveys and estimates necessary 72 fees and compensation to be turned over to city treas- urer 72 opening streets - 72 make examination of contract work upon request of commissioner 76 survey and estimate cost of sewers 119 expense of two-foot sewers 120 supervise city contracts 123 establish grades for sidewalks and gutters 126 place sewer inlets 126 report annually to common council 420 CITY EXPENDITURES, (aldermen, council, proposals,) ayes and noes to be called on 66 contracting debts, payments, etc 183 liability of aldermen for unauthorized appropriations. . 183 no liability of city 184 appropriations to be specific 184 common council to audit accounts 184 debts of preceding councils 184 work exceeding $75 to be done by contract 185 advertising for proposals 185 right to reject bids 185 CITY FRAGS, ( chief engineer, fire department, ) chief engineer to be custodian of 264 when displayed 264 penalty for injuring or defacing 265 CITY governmp:nt, organization to 1893 ' 3-23 of 1894 406 CITY HARR, (council,) committee of council to have general charge f)f 265 by whom and when it may be occupied 265 taking documents from 267 CITY OFFICERS, 1848 to 1893 3-23 elective 38 appointive 44 duties of 67-92 reports of ,• 419-420 1894 406 CITY SEAR, city may make and use 25 descri])tion of 266 440 INDEX. I’AGE. CITY TREASURER, (assessments, taxes,) mode of appointment 44, 83 term of office, etc 44, 83 keep record of all bonds issued and surrendered 62 give notice in newspapers for proposals for bonds 62 open proposals for bonds 62 may reject bids for bonds 63 pay laborers on streets from highway fund 73 paying inspectors of work 74 pay police justice and clerk of 78, 79 costs, fines, etc., of police court paid to 80 power to take oaths, etc 81 bonds of 83, 84 office hours and duties specified 85 record of non-residents 85 taxes and assessments rolls when delivered to 86 notice of receipt of rolls 86, 98 collection of taxes 86, 98 fees 86, 87, 98, loi sale of real estate for unpaid taxes 87, 88, 102 collection of unpaid taxes 99, loi deed of, for taxes 105 collection of taxes by action 106, 107 local improvement bonds 114 collection of local assessments 117, 126 school funds 140 school fund to be kept separate 140 school fund not to be borrowed or diverted 140 fire department funds 175, 176 fees for searching city records paid to 184 money collected i)y suit for cit}' paid to. 185 fees of officers paid to 187 clerk of municipal court deposit fees and statement of monthly with 205 advertise for proposals for water bonds 221, 412 acce])tance of proposals 222, 412 countersign orders of water board. 222, 412 statement of sale of bonds to secretary of water board . . canceled water bonds delivered to 224 water works record of 226 , fees collected by plumbing board paid to 233 receive ])urchase ])rice of cemetery lots 262 kee]) account of and report to council cemetery fund. . 262 annual report of, to council 420 recei])ts of cycle register de])osited with 372 advertise for ])ro])osals for school bonds, 1894 414 kee]) record of school bonds 414, 415 establish the .school building fund 415 CEEANINU CARITTI'S, (streets, jniblic parks,) \ prohibited in ])ublic grounds and parks 338 INDEX. 441 CEERK OF BOARD OF HEARTH, (board of health, city clerk, ) city clerk, ex-officio 71 keep record of proceedings and contracts 298 keep record of licenses and permits 298 complaint book 299 certify to expenses incurred 300 CLERK OF THE MUNICIPAL COURT, (officials, sala- _ ries, ) notice of appearance of attorneys filed with 198 stipulations of attorneys filed with 198, 200 power of, in granting executions 199 court fees paid to 200 require prepayment of fees — proviso 201 appointment of . 204 oath and tenure of office 204 keep dockets and certify copies of entries 204 duties of clerk and deputy 204, 205 powers to adjourn court 205 custody of official seal 205 salary of, and of deputy 205 CLERK OF POLICE JUvSTICE, (bond, salaries, fines,) appointment of and salary 79 term of office and bond 79 mayor approve bond 79 keep public record of proceedings of police court 80 file bonds, documents 80 receive all fines and deposit with treasurer 80 COASTING, (council, streets,) penalty for, without permission 332 COFFINS, (exhibitions, undertakers,) undertakers not to make public exhibit of 277 COMMISSIONERS OF DEEDS, ( council, mayor, ) appointment of 44, 81 number of 44, 81 term of office and vacancies, how filed 81 ])owers of 81, 82 COMMLSSIONERS OF HIGHWAYS, (aldermen, coun- cil, streets and highways, ) duties of 66 mayor and common council compose the 66 COMMISSIONER OF PUBLIC WORKS, ( common coun- cil, streets, sidewalks, .sewers, local ini])rovements, ) appointed by mayor 44, 73 supervise putting wires in conduits 49 may make arrests for violating ordinances 66 term of office 73 salary and allowance for expen.ses 73 depiity, how appointed and .salary 73 may ap])oinl su])erintendeiits of re])air.s 73 442 INDEX. PAGE. COMMISSIONER OF PUBEIC WORKS, (common coun- cil, streets, sidewalks, sewers, local improvements, ) salary of superintendents 73 may employ laborers and teams, how paid 73 weekly report to council 73 may employ inspectors, compensation of 73, 74 expense of inspection how paid 74 duties of 74-77 successor of superintendent of streets 77 certify completion of local improvements 114 certify cost of improvements 114 may certify partial completion and cost 115 supervise construction of sewers 121, 123 may require repair of sidewalk and gutter 125 may repair sidewalk or gutter if owner fails . 125 send statement to owner and file with assessors. ... 125, 126 issue permits to connect with water mains or sewers. . . 239 designate where garbage vessels shall be placed 296 designate places for vehicles 310 may order hay removed 313 supervise vendors on markets 318 annual report of 420 give notice to non-residents to clean gutters and side- walks 363 may order articles on .street impounded 364 may order awning removed 365 grant permission and supervise digging under side- walks 366 may grant permits to hucksters — condition 368 determine business streets annually 369 grant permits for materials on streets 372 grant permits to dig up pavements 374 may impound and sell wagon on streets 376 may order and remove fences 377 may order and remove buildings on streets •377» grant permit to remove earth 378 supervise use of salt on streets 384, 385 charge of wood stand. 389 COMMITTEE ON CITY HADE, (council, ) .standing committee of council to have charge 165 COMMITTEE ON EICENSEvS, (council,) regulate cart stands. 258 may change or transfer licenses of porters 354 COMMON COUNCIE, (aldermen, departments, mayor,) fix polling places. . 40 canva.ss election returns and declare re.sult 42, 43 order .special election and publish notices 43 may create nece.s.sary subordinate officers 44 ])re.sident of 44» majority vote of reciuired 4.5. 66 legislative powers of -.15 INDEX. 443 PAGE. COMMON COUNCIL, {aldermen, departments, mayor,) quorum 45 annual meetings 45 organization and meetings 45 appointment of officers 45 resolutions and ordinances ' 45 mayor’s veto and proceedings thereon 45, 46 mayor’s objections to budget 46 • two-thirds vote to override veto of mayor 47 general powers of 47-65 power to make, amend, and appeal ordinances. .47, 64, 190 control of conduits 49, 63 enforcing its powers 56, to, 65 require reports of officers 60 to designate corporation newspapers and compensa- tion of 61 enter into contracts and borrow money 61 , issue registered or coupon bonds 61-63 fix fines and penalties 65 violation of ordinances a misdemeanor 65 passage of motions 66 ayes and noes required on expenditure of moneys 66 powers as commissioners of highways 66 Onondaga creek channel 67 fix salary of mayor’s clerk 68 relation of mayor to 69 appoint city clerk and president 70 prescribe duties of city clerk 70 annual and monthly statements of clerk to 70, 71 direct city engineer in establishing grades 72 prescribe duties of city engineer 72 weekly report of commissioner of ])ublic works to. ... . 73 locate crosswalks 75 monthly report of commissioner of jiublic works to. . 75, 76 certificate of commissioner as to contract work 76 must furnish commissioner with tools and materials. . . 77 ])owersof council — vacancies in police' justice 77 fill vacancies in office of justice of peace 79 may require report from clerk of police jiustice 80 fix salary of corporation counsel 81 a])point commissioners of deeds 81 appoint city treasurer 83 j^rescribe duties of treasurer 83 fix bond of treasurer 83 fix office and office hours of treasurer 85 exhibit of records of treasurer to finance committee of. 85 appoint constables to collect taxes 87 adopt city map 90 furnivSh assessors with office and stationery 91 a])point examiner of weights and measures 91 appoint hay-weigher and fix compensation 92 appoint pound-keeper and sextons 92, 260 approve constables’ bonds 93 authority to raise moneys by taxes 94 -96, 407 444 INDEX. PAGE. COMMON COUNCID, (aldermen, departments, mayor,) misappropriation of funds forbidden 97, 183 personal liability of members 97, 183 reimburse buyer of property sold for taxes with in- terest 106 correct assessment roll by two-thirds vote 107 renew warrant for thirty days 108 relevy taxes 108 created board of city auditors 109 local improvements iii proceedings regarding local improvements 112-114 may issue local improvement bonds 114 may advance to contractors 115 procedure on appeals in local assessment cases 116 to empower freeholders to act as assessors 116 sidewalks and gutters, order construction of 118 sewers, construction of, declare intention 118, 119 issuance of notices of proposed improvements 119 hear objections 119 serve and publish such notices 119 order construction of sewers 119, 120 sewerage system, may change if incorrect 120 increase and extend sewerage system 1 20-1 21 repaving by, a local improvement 121 may order sewers enlarged in streets to be paved 122 proposals and contracts 122, 123, 185 advertise for proposals 123, 185 right to reject bids 123, 185 repairs to sidewalks and gutters 124 procedure in laying new sidewalk 124 cause sewer inlets and gas and water pipes laid 126 procedure in laying out new streets 127-132 board of education’s annual estimate to 135 reception of report of board of education 135, 136 certify amount appropriated to board of education. .... 136 power of, to raise money for school jnirposes. . 138-139, 408 may recpiire reports of superintendent of schools 138 jurisdiction over fire department 141 reasons for removals, transmitted to, by mayor. . . . 142, 177 salaries of fire department, approved by 144 fire commissioners to submit monthly report 145, 146 fire marshal make (piarterly and annual rejiorts to 150 fire department jiroperties 176 ])rovide rooms for police commissioners 177 appointment of additional policemen 178 may recpiest special jiolicenien 178 removals from ])olice force, on charges transmitted to. 180 provide station house and ])olice accommodations 183 only to authorize expenditures 183 appropriations to be made s])ecific 184 audit accounts 184 ])rescribe fees of officers 184, 187 fix fees for .searching records 18.} debts of preceding councils 184 INDKX. 445 i>a(;k. COMINION COUNCIIv, (aldermen, departments, mayor,) to bring action therefor proposals to be advertised for contract work over . . recjuire filing bonds of officials prescribe form of affidavit to accounts when declare offices vacant and fill same fix compensation of officers to hear and determine charges repeal of by-laws and ordinances to make provisions for holding charter election in i 123 police to report violations of 76 commissioner of public works to certify to work done under 76 copies of, furnished by city clerk 76 over $250.00 corporation council mii.st certify as to form of 80 advances on 115 over $75.00 to be let to lowest bidder .123, 185 bond for fulfilment of 123, 185 council prescribe form 123 right to reject bid 123, 185 board of education, with teachers 136 of board of education, for schools . 136, 137 city ex])enditures 1)%" contract 183 liability of aldermen for unauthorized 183, 184 aldermen and school commissioners mu.st not be inter- ested in — penalty 188 action on in municipal court 195 water board may enter into 208, 209, 219 water board to advertise for ])ropo.sals 217 water board right to reject 217 of water board filed with city clerk 217 board not be interested in 218 of water board open to in.spection 225 of l)oard of health for removal of garl)age 295 FNDKX. 447 TAGE. CORPORATE NAME, powers and liabilities under 25 actions brought by water board 225 CORPORATION COUNvSET, ( council, mayor,) appointment of 44, So term of office So duties and compensation So Si certify contracts over $ 250.00 as to form So certify form of bonds and deeds So, Si when retain costs .. Si office of city attorney changed to Si take oaths and affidavits Si, 82 collect penalties under building law 150 complaints against buildings referred to 150 report of, to council annually 420 CORPORATION NEWvSPAPERS, (city clerk, proposals,) number of and how designated 61 politics and compensation 61 what required to publish 61 notice of revision of tax rolls 100 list of unpaid taxes published in 102 notice of local improvement assessments 115 notice of intention to build sewers . 1 19 advertise for proposals in . . 123, 1S5 notice of proceeding for new streets 1 2S completion of assessment roll of new streets, notice of published in 131 new rules in municipal court published in 19.S ordinances published in 335 CORNSTALKS, (hay, straw, ) market designated for sale of 3 1 i fees for weighing 311 COUNTY CLERK’S OFFICE, (bonds, documents,) city treasurer file bond in 83 treasurer’s bond as collector of county taxes filed in. . . 84 assessors obtain list of transfers from 91 treasurer file list of unjiaid taxes in irx), loi searches obtained from in tax sales 105 effect of delay in filing list of taxes 109 map of new streets proposed filed in 127 map of altered streets proposed filed in 127 payment into, of disputed money of new streets 132 oath of office of police officers filed in 180 oath of office of municipal court judges filed in 193 alterations of rules of jiractice in municijial court filed. 198 docketing judgments of niunici])al court in 199 ap])ointnient of clerk and deputy of municiiial court filed in 204 order of court in water matters, rect^rded in 215 result of water election filed in 227 city clerk record deeds of city in 268 INDEX. 448 PAGE. COURTS, (police, municipal,) police 78 municipal 193-206 COWS, (animals, council, impounding,) jurisdiction of council over dairies and cows 47, 48 impounding of 57 fees for impounding of 250 buried without city limits 252 milk 322-324 CROSSWALKS, (sidewalks, highways, streets,) power of council in regard to. 52, 59 powers of commissioners of highways 66 engineer to establish grade of, approval of council 72 commissioner of public works to inspect and locate .... 75 garbage receptacles not to be placed on 296 railroad trains not to be stopped on 357 street cars not to stop on— exception 359 to be kept free from obstructions 363, 378 permission to disturb crosswalk 373 sprinkling of, forbidden 382 cruelty to animals, ( animals, council, ) penalty for 252 CURBSTONES, (council, gutters, sidewalks, streets,) jurisdiction of council over 52 DANGEROUS BUILDINGS, ( council, streets, ) power of council to raze or demolish 58, 60 power of fire marshal over 148, 149, 153 power of chief engineer over 294 DANGEROUS MANUFACTURES, (council, buildings, fire,) power of council in regard to 59 dangerous articles to be removed 288 DEAD BODIEvS, (exhibitions, undertakers, ) not to be exhibited in public places 277 DEADLY WEAPONvS, (council, firearms, offences against public peace,) carrying of, prohibited 331 DEATH CERTIFICATES, (physicians, vital statistics,) physicians to file 350 DIRKS, (council, deadly weapons, public peace, ) carrying of, prohibi{ed 331 DEFECTIVE SIDEWALKS, ( council, streets, ) duty of commi.ssioner of public works 75 liability of city for injuries 190 notice of action for damages from injuries from 190 ^ DESP)RTlON Ob' FAMILY, ( mi.sdemeanors, ) ])enalty for leaving wife and children a ])ul)lic burden. 332 INDEX. 449 PAGE. DETHCTIVKS, ( ])olice departinent, ) appoiiitinent of 180 number of, specified.. . 180 compensation of 180 under direction of chief of police 180 suspension or removal 180 not to receive rewards 182 salary how paid 182 power of police commissioners to pension when 245 amount of 245-248 penalty for resisting 352 citizens must aid, when called upon 353 DISORDERLY HOUSES, ( council, gambling, prostitu- tion, ) powers of common council in regard to 54 penalty for keeping 273 officials authorized to enter, and arrest 275 DISTILLERIES, (nuisances, sidewalks,) foul discharges on streets forbidden 325 DOCKET, (municipal court,) how kept in police court 80 how kept in municipal court 204 DOCKS, ( council, streets, ) jurisdiction of council over 51 fires not to be kindled on without ])ermission 290 DOCUMENTS AND RECORDS, (city clerk, city hall, real estate, ) in charge of city clerk 70, 267 of fire marshal 150 records of water board, subject to inspection 225 penalty for taking from city hall building 267 deeds of city to be recorded 267 record of city real estate 267 record of ordinances of city of Syracuse 336 of pawn-brokers 340 of junk-dealers 399 DOGS, (animals, council, impounding,) licensing and registering of 52 council to regnlate ini])ounding and killing of 57 license recjuired — penalty 269, 270, 272 metal tag must be worn 269 expiration of license 269 fees for license 269 tags numbered 269 penalty for interfering with officer 270, 271 city clerk’s record 270 catcher of, mayor appoints 270 redemption of 270 compensation for capturing 271 ‘49 450 INDEX. PAGE. DOGS, (animals, council, impounding,) pound-keeper must make report to council 271 ownership, how determined 272 bitches not to run at large 417 DRAINS, (sewers, public health, streets,) deposit of ashes, dust, etc., in, forbidden 51 jurisdiction of council over 54 health officer empowered to inspect 316 nuisance prohibited 324 contents of not to be removed without permission 329 DUALINE, (explosives, gunpowder,) jurisdiction of council 54 storage and sale of 289, 304 DYNAMITE, (explosives, gunpowder,) jurisdiction of council 54 storage and sale of 289, 300, 304, 305 license required to keep 300 ELECTIONS, (council, charter elections,) city officials 38, 56, 67, 77, 88, 193 ward officials 38, 56, 92, 93 qualifications for office 3^, 39, 194 when to be held 40 designation of polling places 40 notice of 40 time of opening and closing polls 41 ballots and contents 41 form of ballots 40, 41 qualifications of electors 41, 42 general election law applicable 42 canvass of votes and statement of result 42 declaration of results by council 43 tie vote 43 special 43 vacancies, and how filled 43 council to regulate and protect 56 filing bonds and oath of office 186 terms of office 186 immunity from arre.st on day of 188 regulations for 1885 191 of judges of municipal court 193 of justices of the peace discontinued 205 special water 227 ELECTRIC LIGHTS, (council, fire alarm, .streets, ) wires placed under ground by order of council. .48, 49, 63 commissioner of public works has siq^ervision of. ... 74, 75 wires not to interfere with fire alarm telegraph 278 ])oles, etc., not to be placed without permission 383 \ TNDKX. 451 ELIGIBILITY OF INHABITANTvS, (elections, judges, ) to office of women to office of acting tn suits in which city is party to be municipal court judge to act as plumbers PAGE. 38 39 188 194 234 ENGINES, (council, fire,) provided with spark arresters 293 stationary, precaution against fire 293 E. O. TABLES, (disorderly houses, gambling,) ])enalty for mainvaining and keeping 274 EXAMINER OF WEIGHTS AND MEASURES, (council,) appointment of 44, 91 duties specified 386, 387 fees of 386, 387 penalty for disregarding orders of 388 EXHIBITIONvS, (council, concerts, circuses, etc.,) power of council in regard to 53, 54 specified for which licenses must be had 275 penalties for non-compliance 276 exhibitors to provide ])olice 276 exem])t from license when 276 ])enalty for indecent exjjosure of ])ersoh 277 penalty for selling obscene literature 277 penalty for exhibiting immoral jdays 277 penalty for exhibiti' g coffins, etc 277 undertakers not allowed to exhibit dead bodies 277 EXPLOSIVE MATERIALS, (council, gunpowder, ) jurisdiction of council in regard to 54 storage and .sale of 289, 300, 302, 303, 304, 305 license recjuired 300 only sold in daylight 302 EXPRFkSSMPlN, (council, hacks, licensing,) licen.sing of 55, 58, 306 license fees of 307 regulation of 308 not to enter depot 309 I'ACTORIES, (buildings, fires, fire e.sca])es, ) stairway ]xirtitions in 169 fire e.scapes to be provided 167, 284 P'ALSPi ALARM, (fire, fire alarm telegraph,) penalty for, of fire 278 p'alsp: swearing, perjury 188 h'ARO BANKS, (disorderly hoirses, gambling, ) penalty for keeping or maintaining 274 452 INDEX. PAGE. FEES, (council, city treasurer, taxes,) fixed by common council 47, 55, 56, 57, 88, 89 of inspectors of local improvements 74 on state and county taxes 86, 87 city treasurer receives tax fees 88 on city taxes 9^) 99) loi treasurer’s fees for conveyance 105 of commissioners on tax appeals 117 on local assessments 118 firemen not to receive 144 policemen not to receive 181 for searching records of city 184 paid city treasurer 187 municipal court fees in civil action 200, 201, 202 water rates fixed by water board 224 examination fees of plumbers 233 bail bond fees in police pension fund 243, 248 for pistol permits 243 of pound-keeper 250 city not liable to pound-keeper for 252 for auctioneer’s license 254 for cartmen’s license 256 of cartmen fixed 257 for digging graves 262 for use of city hall, how fixed 265 for dog license 269 of dog-catchers 270 for hackmen’s license 306 for coach hire 307 for weighing hay, straw, lime, cattle, etc 311, 312 for vendors’ license 318, 322 for milkmen’s license 323 for pawn-brokers’ license 339 of pawn-brokers fixed 341 for porters’ license 354 for registering bicycles 371 for registering bicycle transfers 371 for bicycle riding permits 371, 372 of sealer of weights and measures 386, 387 of wood measurer 390 for junk-dealers’ license 399 for bill-posters’ license 401 for bill distributors’ license 401 of bill distributors and posters 402 FENCEvS AND ADVERTFSING BOARIXS, (council, fire, streets, ) authority of council over 50)53)55) 60 inclosure of building sites 154 fences in cemeteries not to be injured 263 regulation height of 283 permission required for advertising boards on streets. . 333 fences in parks not to be injured 337 encroaching on streets to be removed 376, 380 INDEX. 453 PAGE. FIRE, (board of fire coiiiniissioners, fire limits, chief en- gineer, ) storing and removal of dangerous explosives. . .54, 288, 289 power of council in regard to dangers from 58, 59 . authority at fires 145 right of way going to 145 fire marshal to examine buildings to prevent 147, 291 duty of fire marshal at 148 investigating cause of 149, 150 precaution for prevention of 15 1-174, 286-294 chimneys and flues 162 hearths and fire places 163 smoke pipes 163 furnaces and registers 164 fire places and heaters 165 steam pipes 165 boiler rooms and houses 1 66 drying lumber 167 fire-proof partitions 169 limits •••58, 151, 280, 281 giving false alarms of 278 blasting forbidden 279 pipes enter brick or stone chimneys 286 kept in proper receptacles 286 combustibles where to be deposited 286 candles and lamps 287 not to be kindled in streets 290 fire marshal to inspect buildings 291 burning out of chimneys 292 precautions in the the use of engines and locomotives. . 293 construction of chimneys 162, 163, 293 storage of dangerous explosives 303, 304 FIRE AEARM TEEEGRAPH, (fire department, ) jurisdiction of council 14 1 appointment of sujierintendent 143 salary of superintendent 144 under control of board of commissioners 150 keys, making or having, without perniisssion, penalty. 277, 278 false alarm, penalty 278 destroying apparatus, penalty 278 telegraph, telephone and electric wires not to interfere with 278 I'lREARMS, (council, deadly weapons,) jurisdiction of common council 54 permits to carry pistols 243 discharge of, forbidden, penalty 279 carrying of, forbidden 331 FIRE DEPARTMENT, (board of fire commissioners, fire limits, chief engineer,) jurisdiction of mayor 69 454 INDEX. PAGE. FIRE DEEx-YRTMENT, (board of fire coniinissioiiers, fire limits, chief engineer,) limiting expenses of 94 pay of 141, 144 under supervision of commissioners 141 jurisdiction of council over all property and apparatus. ; 141, 175 powers and duties of board of commissioners 142 officers of 143 number of men limited 143 appointment of chief engineer and others 143 suspension of members of 144 salary of chief and other employees of 144 members forbidden to solicit money for 144 political rights and opinions of members 144 members not in political conventions 144 authority of chief and commissioners at fires 145 call on police for assistance 145 competitive trial forbidden , 145 taking apparatus out of city 145 apparatus to have right of way 145 obstructing firemen, a misdemeanor 145 chief engineer to report monthly 145 fire marshal, powers and duties 146-150 fire alarm telegraph, control of 150 fines recovered under building law, where paid 175 funds for use of sick and disabled firemen 175 property to be turned over to council 175 chief engineer keeper of flags and flagstaff 264 fire limits 280, 281 permit of fire marshal to erect wooden buildings .... 282 dangerous articles to be removed by 289 dangerous structures to be removed 294 chief engineer of, to supervise storage of petroleum. . 349 annual report of, to council 361 notice of open trenches to, when necessary 374 drawing water from hydrants 379 FIRE FISCAPES, (chief engineer, fire dejiartment, fire marshal , ) erection of 167, 168, 284, 285 .scuttles and stairways 162, 168, 290 FIRE EIMITvS, (boundaries, fire department, ) jurisdiction of council 58, 59 how buildings constructed ..152-174 construction of fire escapes 167, 284-285 construction of wooden buildings 173, 174, 280 removal or enlargement of buildings on 281-283 a.sh receptacles 281 ])ermis.sion of fire marshal for erection of wooden building 282 regulating height of fences and advertising boards 283 .storage of gunpowder 304. .storage of hay and straw 315 storage of petroleum and oils 346-348 INDEX. 455 FAGK. FIRE MARSHAL, ( fire department, ) appointment of and term of office 146 qualifications for office 146 salary and office hours ; 146 removal of 146 grant building or repair permits 146, 147, 282 submission of plans to 146 enter upon premises and inspect 147,291, 292 duty at fires 148 give notice to owners of changes necessary.. . . 148, 149, 285 may cause things done 148, 149 unsafe walls and buildings 148 investigate causes of fires 149, 150 penalty for hindering or obstructing 150 keep book of record 150 reports of, to council 150 relation to corporation counsel 150 ten days’ notice of building to 153 supervise scaffolding 154 remove rubbish 155 notice to owners of unsafe chimneys or flues 165 require fire escapes 167, 168, 284 approve fire escapes, how constructed 168, 172, 285 construct fire evScapes 168 stairs and ladders 168 control elevators for grain and coal 173 control teni])orary sheds 173 grants sjiecial permits for churches and chajiels 174 permits to repair wooden building damaged 281 fix damages from fire when 281 grant permits to move buildings 283 permit chimneys to* be burned out 295 annual report of, to council 362 FIREvS IN STREETvS, (council, streets, fires,) not to be kindled without ])ermission 290 FIRE RELIEF FUND, (fire department, city treasurer, ) fines recovered credited to 175 tax on foreign insurance comj)anies 175 ])aid to city treasurer 175 used for benefit and relief of firemen 175 I'lREWORKS, (council, explosives,) jurisdiction of council 54 penalty for discharging within city limits 279 FISH, (markets, streets,) council to fix place for sale of 56 sale of, on bridges, prohibited 255 where sold 320 public weigher to weigh 322 FORESTALLERS, (council, markets,) council to regulate and license 57 456 INDKX. PAGE. FOWLING PlECEvS, (firearms,) penalty for discharging without permission of council. 279 FRUITS, (markets, streets,) sale of, on bridges, prohibited 255 public market, designated for sale of 319, 320 license to sell necessary 321 fees for license to sell 321, 322 FURNACES, (buildings, fires,) precautions against fires 164, 286 GAMBLING HOUSES, (council, disorderly houses, police,) powers of council 54 penalties for keeping or visiting 273 penalties for keeping gambling devices 274 penalties for re.sistance to officers 274 pool tables in saloons 274 authority of officials to enter and arrest 274, 275 destroy instruments, etc 275 GAMES OF CHANCE, (council, dssorderly houses, gam- bling houses, ) powers of council to suppress and restrain 54 GAMING tables, (council, gambling, ) power of council to suppre.ss and restrain 54 penalty for keeping 274 garbage: and offal, (council, board of health, nuisances, ) authority of council 51 board of health may have removed 295 materials specified 295 covered vessals required 295 not placed in streets 296 kept free from other refuse 296 disputes how settled 296 permits from council for collection and transportation . 297 vehicles water-tight and covered 297 carts marked and inspected 297 unneces.sary filth forbidden 298 when removed 298 when, where and how dispo.sed of 298 complaints of 299 ])olice to enforce ordinances 299 ex])enses, how paid for removal of. 3(X4 duties of health ins])ector 316 not to be allowed on street or sidewalk. . .325, 326, 362, 375 mu.st be transported in tight conveyances 381 GEESE, (animals, council, impounding,) council to regulate impounding of 57 fees for impounding 250 INDEX, 457 PAGE. GIANT POWDER, (council, gunpowder, explosive ma- terials, ) council to regulate storage of 54 storage and sale of 288, 289, 300, 304 license required to keep 300 permits to keep or store 304 GOATS, (animals, impounding,) council to regulate on streets 51 fee for impounding 250 not to run at large 252, 253 GRAIN, (markets,) council to regulate sale of 56 erection of elevators of 173 where sold 319 public weigher to weigh 322 GRASS, (council, streets, sidewalks,) duties of commissioner of public works 74, 75 duty of sexton of Rose Hill cemetery 260 injuring grass in parks or cemeteries 263, 338 cut from sidewalks and gutters 362 not to be thrown on street, gutter or sidewalk 375 GUN-COTTON (gunpowder, etc.,) jurisdiction of council 54 GUNS, (council, firearms,) jurisdiction of council 54 penalty for discharging, without ])ernii.ssion 279 GUNPOWI)P)R, (council, explosives, fire,) jurisdiction of council 54 power of fire marshal 148 storage of 167, 288, 289 blasting forliidden without pernii.ssion 279 vessels containing, to lie assigned ])laces 289 penalties 290 license required for keejiing 300 quantity allowed, and manner of keeping 300 sale of and conditions to be observed 301 not sold or exposed except by daylight 302 carriage of, through streets. 302 transportation by boat or railroad 303 chief engineer to designate place of transfer 304 permission for .storing, etc 304 authority of mayor and chief engineer 305 GUTTPvRS, (highways, sidewalks, streets, etc.,) council regulate cleaning 52, 1 28 commissioner of public works to inspect 75 jiower of commissioners of highways 66 ordered how 118 pavements include gutters 121 making and repairing of 124 458 INDEX. PAGE GUTTERS, (highways, sidewalks, streets, etc.) owners must keep gutters clean and repaired snow, ice and obstructions removed grade, how fixed macadamized streets rubbish, dirt or grass not to be thrown in. . . GUTTER STONES, (council, sidewalks, streets,) power of council 52 HACKS, (council, licenses,) power of council to license and regulate 55, 58 numbering of 55, 58 to be licensed 306 license fees and penalt}’- 307 rates of fare for coach hire 307 no charges, in what cases 308 penalties for violations. 308 regulations, number and fees kept in view 308, 309 stands prescribed and regulations 309 hackmen to enter depots 309 disinfected after carriage of infectious diseases 310 penalty for immoderate driving of. 331 not to obstruct sidewalks or crosswalks 363, 364, 378 HACK HIRE, (fare, hacks,) specified 307 HACKNEY COACHEvS, (council, hacks, coaches,) licensing of 306 HACK STANIXS, (council, hacks,) designated 309, 310 HAIU, (council, gutters, snow and ice, streets,) cleaned from sidewalks and gutters 52, 362 HANDCARTS, (counci), sidewalks,) not to obstruct sidewalks or crosswalks 364 HAND WAGONS, (council, sidewalks,) not to obstruct sidewalks or cro.sswalks 364 HAWKERvS, (council, licensing,) council power to license and regulate not sell on bridges regulations for and fees for license. . . HAY, (council, .straw, weigher,) power of council to regulate .sale 56 heaters near 165 precautions against fire 286 place of market designated, 311 fees for weighing 31 1 duties of weigher of 312 ])enalty for refii.sing to a.scertain tare 313 ])enalty for altering weight notes 313 47 , 53 , 55 255 .. 321, 322 . ... 125 125, 362 . . . . 126 . . . . 126 -••• 375 INDEX. 459 I’AGK. HAY, (council, straw, weigher,) penalty for ])lacing improper substance in 313 if damp or nnmercliantable, weigher to state 314 not weighed on private scales 314 penalty for disobeying weighmaster’s orders 315 not to be stored without permission 315 not thrown on street, gutter or sidewalk 375 IIEADTH INSPECTOR, ( board of health, public health, nuisances, ) relation to board of plumbers 230 inspect and approve garbage vehicles and receptacles. . 297 empowered to institute proceedings 299 duties and powers of 315 to abate all nuisances 315, 316 penalty for refusing to abate nuisances 316 how expenses collected 317 penalty for false representation 317 HIGHWAYS, (sidewalks, streets, etc.,) jurisdiction of council.. 48, 49, 50, 51, 124 power of highway commissioners 66 laying out 127, 128 sidewalks and gutters 362-372 streets 372-285 HITCHING POSTS, (council, streets,) council regulate 52, 367, 369 HOGS, (animals, imjKninding,) power of council over in streets 51 fees for impounding 250 not to run at large 250 not buried within city limits 252 fees for weighing 312 HORNS, (council, public peace,) council to regulate or prohibit 57 improper noise forbidden 329 j)erniission necessary. 335 penalty 335 HORSE BLOCKS, (council, streets, ) council to regulate 52 not to obstruct sidewalk, gutter or street. ... .362, 380, 381 HORvSE CARS, (council, street cars,) council to regulate 48, 58 not to remain on bridges 255 rate of speed regulated 357 not to be jumped on or off while in motion 358 stopping at cros.swalks regulated 359, 378 detached not to be left on street 376 when and where salt used on tracks 384, 3.S5 HORSE RACING, (animal, council, streets,) ])ower of council to restrain or suppress 54 forbidden on streets and penalty 331 460 INDEX. PAGt. HORSE Troughs, (council, streets,) council to regulate 52 HORSES, (animals, impounding, ) council to regulate on streets 51 council to regulate impounding 57 city maintains horse for commissioner of public works. 73 horses of fire department under jurisdiction of council. 141 not to run at large 250 fees for impovinding ; 250 not to be buried in city limits 252 penalty for abuse of 252 management of in cemeteries. 263 exhibition of 275 how to face horses on hack stand 310 fees for weighing 312 immoderate driving forbidden 331 indecent exposure of stallion forbidden 419 not to obstruct sidewalk or crosswalk 364 not to be driven on sidewalk 367 to be hitched but not to tree or lamp post 378 how to face horses on wood stand 389 HOTELS, (garbage, licenses, runners,) council to regulate runners for 58 must have fire escapes, how constructed 167, 284 stairway partition in, how constructed 169 keepers of, must prepare garbage for removal 293 license for sale of liquor in 317 porters and runners to be licensed 354 when revoked and new license granted to 354 regulation of runners of 355 HOUSES OF ILL-FAME, (disorderly houses,) powers of council 54 penalty for keeping or maintaining 273 authority of officials to enter and arrest 275 HOUSES OF PROSTITUTION, (di.sorderly houses,) authority of officials to enter and arre.st 275 HUCKSTERS, (council, streets,) power of council over 47, 53, 55 license necessary for 321 license fees of 321, 322 permission required for stands of 368 HYDRANTS, ( fire department, streets,) water board may contract for 209 map of water board shows location of 220 penalty for interfering with 379, 392 ])ermit of street sprinklers to use 391 holders of permit to use to pay for damages to 392 city officers required to report injuries to 392 INDEX. 461 PAGE. ICE AND vSNOW, (council, hail, sidewalk,) council to regulate cleaning from walks and gutters. . . 52 council to prevent sale of impure ice 53 duties of commissioner of public works 74, 75 removed from sidewalks and gutters 125, 362 railroad companies remove snow 358 where salt can be used to remove 384, 385 IMMODERATE DRIVING, (council, ambulances, streets,) power of council 54 of ambulances and other vehicles 331 IMMORAE OR INDECENT PEAWS, (council, exhibi- tions,) power or council over 53, 54 penalty for exhibiting .- 276 IMPOUNDING, (animals, council, poundmaster,) power of council 57 animals subject to 250, 270 fees for various animals 150, 270 authority of pound keei)er 250 obstructions on sidewalks 364 detached vehicles 376 INDECENT BOOKS aND PICTURES, (council, exhiln- tions, ) penalty for exhibiting or offering for sale 276 INDECENT EXPOSURE OF PERSON, (council, exhi- bitions, ) penalty for 276 indecent signs, gestures, acts, penalty 330 INDECENT EANGUAGE, (council, .streets,) penalty for 330 INFANTS, (council, local improvements,) rights of in opening streets 131 service upon, water board ])roceedings 21 1 rights of, water board proceedings 212 police pension to minor children 246, 247 under twelve years not allowed in cemeteries when. . . . 264 hackmen not to charge for 308 under sixteen years not to be eni])lo3'ed by jjawn- brokers 345 penalty for failure to care for 332 INSPECTION OF BUIEDINGS, dmildiugs, fire,) authority of fire marshal 147, 291, 292 authority of plumbing in.spector 236 ])atrolnien to re])ort new buildings 291 authority of chief engineer 294, 349 authority of health inspector 316 authority of sealer of weights and measures 386 for water board 393 462 INDEX. PAGE. INSPECTORS OE ERECTION, (elections, officials,) how elected and eligibility * 38 duty of 39, 42 INSPECTION OF EOCAR WORK, (commissioner of public works,) power of commissioner of public works 73, 74 compensation of inspectors 74 paid by local assessment 74 report of expense to council 74 city treasurer to pay inspectors 74 INSPECTION OF PRUMBING, (board of plumbers,) appointment of inspectors 235 qualifications of inspectors 235 compensation of inspectors 236 duties of inspectors 236 report of inspectors 236 notices of violation of rules 237 INSPECTION OF vSTEAM ENGINES AND BOIRERS, (council, steam engines,) council to provide for 48 council to prohibit unsafe engines and boilers 48 mayor appoints inspector 48, 359 what boats shall be inspected and when 359, 360 inspector’s certificate must be posted 360 expense paid by owner 360, 361 penalty of failure of inspection ; 360, 361 INTOXICATION, (council, public peace,) authority of council 54 penalty for public 333 INVASIONS, (council,) power of council 55 JIMMY, (council, offences against puldic peace,) carrying of prohibited 331 JUDGFiS 01' MUNICIPAR COURT, (elections, salary, ) first ap])ointed l)y governor 193 (hides of 193 terms of office and oath 193, 194 election of 193 vacancies, how filled 194 power to remove constables 194 marriages by 1*94 ]K)wer to take oaths 194 eligibility to office 194 Inisiness hours of 194 sign jirocess of 197 may make rules 198 entertain motions and make orders 198 \ executions 199 siqiiilementary ])roceedings 200 INDEX. 463 PAGE. JUDGES OF MUNICIPAL COURT, (elections, salary,) piiiiisliiiieiit for contempt 203 appoint clerk and deputy clerk 204 require stenographic notes of trial 205 salaries of 205 may discharge duties of police justice 206 charge to jury 206 Jl^DGMENTS, (appeals, city, municipal court,) appeal on, against city 188 enforcement of, against city 189 judgment debtor may be imprisoned 189 action upon, in municipal court 195 when to be rendered in municipal court 199 of municipal court 199 costs upon, in municipal court 202 appeal from, in municipal court 203 JUMPING ON AND OFF CARS, (police, railroads,^ penalty for 358 JUNK DEALERS, (council, licenses,) licenses of, power of council 55 must obtain of mayor 398, 399 cost of 399 mayor may revoke 399 keep public record 399 how and where ])urchase goods 299 vehicles of, name of owner on qtx) advertised stolen goods 400 not to receive articles as ])1 edges 4fx) terms defined. 400 JUvSTlCES OF PEACE, (elections, ) how elected 38, 205 term of office, jurisdiction 78, 79, 205 council to fill vacancies 79 act as police justice 79 repeal of acts ])roviding for 205 KENO OR ROULETTE TABLES, (gambling,) ])enalty for kee])ing or ])ermitting 274 KINDLING WOOD FACTORIES, ( Iniildings, fire,) ])recautions against fire 287 KITEvS, (council, streets,) council to regulate and ])rohibit dying of 57 penalty for dying in streets or parks 332 LAMPS AND LAMP POSTS, (council, hitching,) ])ower of council over 51 candles and lamps, when not to be used 287 horses not to be hitched to posts 378 penalty for destroying 379 liandbills not to be attached to posts 379 464 INDEX. I’AGK. LANES, (streets, highways, etc.,) council to prevent throwing garbage in and regulate cleaning 51, opening and construction of 51, under supervision of commissioner of public works . . . powers of commissioners of highways chips and shavings not to be thrown in fires not to be kindled in without permission penalty for throwing offensive substances on immoderate driving on forbidden ringing gongs or bells on, forbidden birds in, hot to be injured lamps in, not to be injured 52 127 75 66 288 290 326 331 332 338 379 LICENSES, (council, mayor,) authority of council 47, 48, 51, 53, 55, 57, 58 countersigned by city clerk 70 plumbers 232 to carry pistols 243 auctioneers 253, 254 cartmen 256 dogs 269 exhibitions 275 circus or exhibition of curiosities 275 concerts, caravans ; 275 skating rink 275 keeping gunpowder, other explosives 300 hacks 306 baggage wagons 306 liquors 317 meat vendors 318 candy and lunches, ice cream, etc 321 produce on streets 321 goods on streets . . 321 milk peddlers 322 pawnbrokers 339 kerosene dealers, etc 349 porters and runners 354 bicycles on sidewalk 368 junk dealers 398 bill posting 401 LIME, (council, hay and straw, markets,) council may regulate sale of, scales for weighing designated weighmaster’s fees and duties penalty for refusal to ascertain tare . . . penalty for altering weigh-notes, etc. . weigher’s endorsement and entries. . .. transported in tight conveyances 56 3J1 312 313 3L3 3M 381 LIQUORS, (council, licenses,) not to be sold without license 317 penalties 317, 3 >8 public intoxication forbidden 333 INDKX. 465 l’A(JK. J.IVBRY STABBES. (nuisances,) council to regulate 52 board of health approve construction of 173 candles and lamps in 287 power of officers to enter 289, 292 public nuisances from 325 IvOCAIv ASSESSMENTS, ( council, improvements , ) jurisdiction of common council 53, 66, 11T-126 duties of assessors 89-9 r as amended by laws of 1885, 1889, 1893 112 notice of . 115 how made by assessors 1 1 5 objections to and correction of 116 appeal from same, council to hear and act 116 new, when 116 issue of bonds, how paid in that event 117 collection of 117-118 fees for collection .... r 1 8 city’s share in cost of constructing sewers 120 con.struction of two-foot sewers 120 paving and macadamizing streets i 2 1 keeping sidewalks repaired and gutters cleaned 126 on opening streets 130- 132 LOCAL IMPROVEMENTS, (assessments, council,) jurisdiction of council .. .47, 48, 51, 52, 57, 59, 63, 66, , ; • ; 95 , III, city engineer and commissioner of public works person- ally superintend 72, 75, 121, Clinton street bridge amendments under laws of 1885, 1889, 1893 ])roperty owners to petition notice of proposed improvements ten days notice recpiired service of the same objection made in writing assessors to examine and certify when two-thirds vote nece.ssary signers for, when withdraw from ])etition commissioner of jmblic works to certify C()ni])leti<)n . . . . when bonds issued liow bonds signed interest on bonds ])roceeds of sale of bonds and of a.sse.s.sments when advances made to contractors ap]ieal from assessments council to determine in case of appeal jiroceedings on appeal commissioners to make reasse.ssments collection of taxes for, and interest construction of .sidewalks and gutters con.struction of sewers 118, 407 123 96 1 1 2 1 1 2 I I 2 1 1 2 I I 2 I I ^ I I 1 14 I 14 114 I 14 I 14 I >5 I 1 6 I 16 I 16 1 1 6 117 I 18 I 22 466 INDEX. i>a(;e. LOCAL IMPROVEMENTS, ( assessments, council, ) action of council on sewers ii8 engineer to make surveys and estimates 119 notice to be made by service and publication 119 objection to sewers, how made 119 share of city in sewer construction 120 when two-thirds vote necessary for sewers 120 extension of sewerage system 120 sewers beyond city line 121 repavement and macadamization of streets 121 pavement defined 121 mains to be laid before paving 121, 122 pavement to include gutters and curbstones. .. 121 over 175.00 under contract 123 contracts, how made 123 advertise for proposals 123 power of council over sidewalks and gutters 124, 126 construction and repair of 124 notice to be served 124 time allowed 124 two-thirds vote of council to order sidewalks or gutters. 124 when council to lay sidewalk or gutter 124, 125 cleaning of sidewalk and gutter 125 engineer to approve gutters and sidewalks 126 when sewer inlets and gas and water pipes nimst be laid 126, r27 opening, widening, altering and straightening streets. . 127 ])rocedure for opening streets 127-132 assessment of damages of o])ening 130, 131 rights of infants 130, 13 1 ])aynient of awards 132 LOCAL LAWS, all former, repealed 191 LOCOMOTIVE, (council, railroads, streets,) ])ower of council 48, 57, 58 ])rovided with .spark arre.sters 293 .speed of, in city 357 not to obstruct cro.ssings or blow whistle 357 LI 'M HER, (council, markets,) regulating place and sale of 56 rooms for drying 167 rates for carting 258 when may be im])ounded 364 ])lace designated for sale of 388 not be ])laced on .streets without ])erniis.sion 372 not on Clinton .scpiare more than 24 hours 375 M.ACADAMIZINC, (council, .streets, ) ])rocedure for re-macadamizing 1-2 1 ])i])es laid before 126 iMANLRE, (council, nui.sances, ) removal, kee])ing, dei)o.sit of 51 conveyed in tight vehicles 381 INDEX. 467 MAPS, (city engineer, water board, city clerk, j city engineer to make and keep 72 maps of water board, where required 220 maps of water board where filed 220 MARKETS, (council,) power of council to regulate 51, 56, 57 hay market defined 3 1 1 meet venders to obtain license 318 location of meat venders designated 318, 319 place specified for sale of poultry, vegetables &c 319 designation of grain market 319 where fruits sold 320 where fish sold 320 penalty for re-selling produce on 320 license required to sell at retail on streets 321 wood market specified 388 MAYOR, (council, departments,) election of 38 eligibility to office 38 special election of, when 43 powers of appointment 43, 44, 72, 73, 80, 141, 142, 146, 176, 177, 207, 230, 240, 270 veto power 45, 46, 113 failure of, to sign or veto 46 attest ordinances, rules, etc 65 authority to make arrest 65 authority as coniniissioner of highway 66 authority to remove canal boats 66 Onondaga creek channel ' 66 term of office and salary 67 office hours 68 sign all deeds and contracts 68 vested with aiithority of a justice of the ])eace 68 power to examine books of ])ublic officers 68 ])Ower to try complaints against city officers 68 to make statement to council 68, 69 enforce laws and ordinances 69 may suspend public officers 69 maintain peace, good order, and jirosiierity of city. ... 69 ])ower to command police and firemen 69 ])ower to appoint special policemen 69 relation to city clerk 70 countersign warrants 71 a])])rove appointment of dejnity commissioner of jniblic works. 73 nominate police justice to fill vacancy 77 name justice of peace, police justice lenqiorarily 79 approve bond of clerk of police justice 79 direct bringing of actions 81 ])ower to take oaths and acknowledgements 81 city treasurer exhibit books monthly to 85 jienalty for a])proval of illegal a])])ro])riation 97 exerci.se with council, duties of board of auditors 109 468 INDEX. I’AGK. MAYOR, (council, departments,) execute with clerk local improvement bonds 114 removal of fire commissioner for cause 142 appointment of fire commissioners by 141, 142 removal of fire department 145 appoint fire marshal and remove for cause 146 may request examination by fire marshal 147 appointment of police commissioners by 176 vacancies in police board filled by 176, 177 empowered to remove police commissioners for cause.. 177 approve sureties on contracts 185 notice of action served on 190 appoint water commissioners 207 fill vacancies in water board 208 issue water bonds with council 221, 41 1 execute water bonds. ... 221, 41 1 may require report of water board 225 appoint board of plumbers 230, 231 fill vacancies in board of plumbery 231 desij^nate place of meetins^ of board of plumbers 232 appoint five trustees of ninth ward cemetery 240, 241 appoint bond of treasurer of police pension fund. . . . 243 license auctioneers 253 revoke license of auctioneers 254 ])ower to fix fees and duration of license 254 license cartmen 256 enforce wide-tire ordinance 259 sign cemetery deed 262 may order fiag displayed 265 grant permission to remove documents 267 may designate dog ])Ound. 270 appoint dog catcher 270 may enter gambling and disorderly houses 274, 275 licen.se exhibitions 275 grant permission for fire arms and fire works 279 grant ])ermi.ssion for blasting 279 a])]irove heighth of sign boards and fences 283, 284 grant ])ermission to kindle fires on streets 290 grant licen.se for gun])owder 300 may remove guu])ow(ler and explosives 305 license hacks. . . ., 306 .storage of hay and .straw 315 license meat venders 318 may revoke meat venders license 318 meat venders to obey .r 318 license the selling of goods at retail on streets 321 licen.se milk peddlers 323 revoke milk peddlers license when 323 grant ])ermis.sion to .solicit alms 331 grant ])ermission to carry ])lacards 333 grant ])ermission for ])arades 334 grant ])ermissiou to mu.sical in.struments 011 streets. . . . 335 INDKX. 469 PAGE. MAYOR, (council, departments,) send ordinances to other cities 336 license pawnbrokers 339 inspect pawnbrokers’ records 340 ins])ect record of pawnbrokers’ notices 344 may detail police for special duty 352 runners’ and porters’ license 354, 355 may transfer porters’ license 354 inspection of steamboat boilers 48, 359 authority in rej^ard to sidewalk obstructions 364 awnings 365 approve erection of stairs over sidewalks 367 projecting signs 367 hucksters stands 368 grant extra privileges to bicyclers 372 permits for building material 373 permits for removal of earth from streets 378 permit to draw water from hydrants 379 fill office of wood measurer temporarily. . 390 license junk dealers and revoke licen.se 399 inspect junk dealers record and permit change of loca- tion 399 license bill posting and distributing and ap])rove bond 401, 402 .school bonds 414 MAYOR’S CkERK, ( mayor, ) appointed, how 44 salarv 68 MKAvSURKR OF WOOD, ''council, markets, wood,) appointed, how 388, 389 jurisdiction, duties, fees 389, 390 (piarterly report to common council 390 mayor fill vacancy 390 MEAT, (markets, streets,) jiirisdiction of council, 55, sale of on bridges prohibited fees for weighing market for sale of specified license recpiired for .selling putrid not to be thrown on streets. . ])oultry 56 2.55 326 356 MimniCANTS, (vagrancy,) re.strained and pnni.shed 53 penalty without permission 419 MII/K, (license, markets,) juri.sdiction of council 47, 57 license recpiired to peddle 322 mayor may grant or revoke license 323 ])enalty for .selling unwhole.some or adulterated 324 all wagons and veliicles numl)ered 324 duty of examiner of weights and luea.sures 387 470 INDKX. 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MISDEMEANORvS, (ordinances,) violation of ordinances 65, 337 misappropriation of money by council and mayor 97 obstruction of fire department 145 violations of plumbing rules 239 MUEES, ( animals, horses , ) not buried within city limits 252 cruel treatment of, penalty 252 MUNlCIPAIv COURT, (docket, elections, judges,) j udges of 193 terms of office 193 official oath 193 election of judges 193 vacancies 194 constables, removal of 194 marriages 194 constables, service of 194 jxjwer to take oaths, etc. 194 oath of office 194 eligibility to office 194 business hours 194 court, division of 104 common council, duty of . ... 195 jurisdiction of court 195 actions upon contract 195 damages for injury 195 upon bond .... 195 surety bond '. 195 upon j udgnient 195 chattels, recovery of 195 judgment on confession 196 fraud in sale or purchase of property 196 attachment actions commenced by 196 summary proceedings 196 liens 196 bastardy proceedings 196 penalties 196 other actions 196 cognizance of certain actions 196 jurisdiction over persons of defendants 197 process 197 ])ractice pleadings, etc 197 rules of practice, alterations of 19S appearance of attorney i9